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annexureextracts from the copyricut act, 1957 term of copyricht22- except as otherwise hereinafter provided, copyright shall sub- term of copyright sist in any literary, dramatic, musical or artistic work (other than a photograph) published within the lifetime of the author until fifty years from the beginning of the calendar year next following the year in which the author dies in published literary, dramatic, musical and artistic works explenation—in this section the reference to the author shall, in the case of a work of joint authorship, be construed as a reference to ihe author who dies last : term of copyright m anonymous and pseudonymous ' 23 (1) in the case of a literary, dramatic, musical or artistic work (other than a photograph), which: is published anonymously or pseudonymously, copyright shall subsist until fifty years from the beginning of the calendar year next following the year in which the work is first published: works provided that where the identity of the author is disclosed before the expiry of the said period, copyright shall subsist until fifty years from the beginning of the calendar year next following the year in which the author dies, (2) in sub-section (1) references to the author shall, in the case of an anonymous work of joint authorship, be construed,— (2) where the identity of one of the authors is disclosed, as references to that author; (>) where the identity of more authors than one is disclosed, as references to the author who dies last from amongst such authors (3) in sub-section (1), references to the author shall, in the case of a pseudonymous work of joint authorship, be construed,— (@) where the names of one or more (but not all) of the authors are pseudonymous and his or their identity is not disclosed, as references to the author whose name is not a pseudonym, or, if the names of two or more of the authors are not pseudonyms, as references to such of those authors who dies last; (6) where the names of one or more (but not all) of the authors are pseudonyms and the identity of one or more of them is dis- closed, as references to the author who dies last from amongst the authors whose names are not pseudonyms and the authors whose names are pseudonyms and are disclosed; and (ec) where the names of all the authors are pseudonyms and the identity of one of them is disclosed, as references to the author whose identity is disclosed or if the identity of two or more of such authors is disclosed, as references to such of those authors who die jast ' explanation—for the purposes of this section, the identity of an author shall be deemed to have been disclosed, if either the identity of the author is disclosed publicly by both the author and the publisher or is otherwise established to the satisfaction of the copyright board by that author | 24, (1) in the case of a literary, dramatic or musical work or an engraving, in which copyright subsists at the date of the death of the author or, in the case of any such work of joint authorship, at or immediately before the date of the death of the author who dies last, but which, or any adaptation of which, has not been published before the date, copyright shall subsist until fifty years from the beginning of the calendar year next following the year in which the work is first published or, where an adaptation of the work is published in any earlier year, from the beginning of the calendar year next following that year (2) for the purposes of this section a literary, dramatic or musical work or an adaptation of any such work shal] be deemed to have been published, if it has been performed in public or if any records made in respect of the work have been sold to the public or have been offered for sale to the public 25 in the case of a photograph, copyright shall subsist until fifty years trom the beginning of the calendar year next following the year in which the photograph is published | | 26 in the case of a cinematograph film, copyright shall subsist until fifty years from the beginning of the calendar year next following the year in which the film is published ' | 217 in the case of a record, copyright shall subsist until fifty years from the beginning of the calendar year next following the year in which the record is published 28 in the case of government work, where government is the first owner of the copyright therein, copyright shall subsist until fifty years - from the beginning of the calendar year next following the year in which - the work is first published | term | of ||-----------|----------|| copyright | || in | cine- || matograph | || films | || term | of || copyright | || in | records, || term | of || copyright | || in | gov- || ernment | || work," | |term of copyright in works of public undeme (; takings term of copyright in works of international organisations | Parliament_bills | 25c43323-d654-5653-80b1-6eb0e672e211 |
to ,, j • ~ =r ',-d ~'h!~, 3?c: iti q {:ig jtjitlo ~~ 3 (ai",c, al l!h t) bllj, 1') ,j 1 (to b:/ j~!3 intm juccci in lok sabilel) 2 p:l6e! 4, lintls 27 nnci 28,-lor il~ st1 tu te '1 ii read "sol bsti tu ted ii 3 page 1o, line 2,-f'j£ "co !'po ratio nil read it('o rpo rations ii !t page 14-, line 2,-( 1) ,lor "extaactij read "e){trhc 1'8 ii ( 11) for iq) l1?0 jih'l'lo n " read 'iq) £ilo rl;:l·io n s 11 ne\-i dhhl; ~!u~~1 :'~~~b3': (~~ a) bm no 187 of ll8j 'ai' the road transport corporations (amendment) bill, 1981 a billfurther to amend the road transport corporations act, 1950 be it enacted by parliament in the thirty-second year of the republic of india as follows:-1 (1) this act may be called the road transport corporations short (amendment) act, 1981 title and commencement 5 (2) it shall come into force on such date as the central government may, by notification in the oftlcial gazette, appoint shf 19502 in sub-section (2) of section 1 of the road traaapert c-poratiodi ad, 1950 (hereinafter referred to as the principal ad), after the proviso, the following proviso shall be inserted, namely:-amendment of section 1 i "provided further that on and from the commencement of the road transport corporations (amendment) ad, 1981, thfs act, amended by the said act, shall extend to the union territory of mizoram" 3 for section 5 of the principal act, the following section shall be 15 rubstituted, namely:-subautution of new 8eetion fo netion 5 "5 (1) the general superintendence, direction and management of the affairs and business of a corporation shall vest in a board of directors which, with the assistance of its committees and ·managing director; may exercise all such powers and do all 8uch acta and things as may be exercised or done by the corporation 5 manage ment of corpora-\ion and board of directors (2) the board shall consist of a chairman and such other directors, being not less than five and not more than seventeen, as the state government may think fit to appoint i (3) the state government may, if it so thinks fit, appoint one of the other directors as the vice-chairman of the board 10 (4) rules made under this act shall provide for the repreaentation, both of the central government and cd the state government coneerned, on the board in such proportion as may be agreed to by both the governments and of appointment by each government of its own representatives thereto and where the capital of a i~ corporation is raised by the issue of shares to other parties under sub-section (3) of section 23, provision shall also be made for the representation of such shareholders on the board and the manner in which the representatives shall be elected by such shareholders (5) the term of office of and the manner of ftlling cuual 110 vacancies among the directors shall be such as may be prescribed" 4 in section 6 01 the principal act,-amendmentof aection 6 (a) in sub-section (1), in the opening portion, for the words umember of a corporation", the words "director of· a corporation" shall be substituted; 115 (b) in sub-section (2), for the words "chief executive officer or ~neral manager", the words "managing director" shall be substituted and for the word "member", the word "director'" shall be substituted; (c) after sub-sectioll (2), the following sub-section ahall be 30 inserted, namely:-"(3) nothing in clause (e) bf sub-section (1) shall be deemed to disqualify;-(a) any oftlcer or other employee of the government 'tor being chosen as, or for being, a director of a corporation; 31 (b) any officer or other employee of a corporation for being chosen as, or for being, a director ot ~oth corporationpi i section 8 of the principal act shall be re-numbered as sub-section amedd-(1) thereof, andment of aeetion 8 (ia) in sub-section (1), as so re- numbered,-(i) in the opening portion, for the word "member", tlie word "director" shall be substituted; 5 (ii) in clause (b), for the w;rd "corporation", the word "board'" shall be substituted; (iii) in the proviso, for the words "member nominated", the words "director appointed" shall be substituted; 10 (b) after sub-section (1), as so re-nwnbered, the following mbsections shall be inserted, namely:-ii (2) the state government may remove trom offtce the chairman or any other director of the corporation who is guilty of misconduct (including abuse of power or corruption): 15 provided that no person shall be removed under this subsection except after an inquiry in which he has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges: provided further that the preceding proviso shall not apply-lito (i) where such person is removed on the ground of conduct which has led to his conviction on a criminal charge; or (ii) where the state government is satisfied for lome reasons to be recorded by that government in writing that it is not reasonably practicable to hold such inquiry; or (iii) where the state government is satisfied that in the interests of the security of the state it is not expediejl,t, to hold such inquiry explanation-h in respect of any s'llch person aforesaid a question arises whether it is reasonably practicable to hold sueh inquiry as is referred to in this subsection, the decision thereon of the state governm~nt shall be final: provided also that no director appointed by the central government shall be removed from office under this sub-section without the concurrence of that government 35 (3) nothing in sub-section (2) shall apply in relation to ~y director who is also the managing director, or an offtcer or employee of the government or of any corporation" 6 section 12 of the principal act shall be re-numbered as 8ub-6eetion ammd-<cd (i) thereof, andment of action 12 (a) in sub-section (1), as so re-numbere(j;-(i) in the opening portion, for the word "corporation", the -word "board" shall de substituted; (ii) in clause (a), for the words "of its memoers", the words "consisting of directors" shall be s'u!bstituted; (iii) in c1au~e (e), for the words "chief executive officer or 5 general manager", the words "managing director" shall be substituted; (b) after sub-section (1), as so re;numbered, the following sub-section shall be inserted, namely:-10 "(2) the chairman, vke-chairman or managing director may delegate anv of his powers and duties [lncludin~ powers and dutiec; delpgated to him under sub-section (i) 1 to any offie'er of the corporation, and the officer to whom such powers and duties are delegated, shall exercise and perform buch powers and duties under the control and supervision of the managing is director" 7 for section 13 of the principal act, the- following section shall be substituted, namely:-substitution of new section for section 13 authentication oforderaand other instruments "13 all orders and decisions of the board shall be authenticated by the signature at the secretary' or by any such other offtcer of the qo corporation as may be authorised in this behalf by the board or under the regulations made under section 45 and all other instruments issued by a board shall be authenticated by the signature df the managing director or any other officer of the corporation authorised in like manner in this behalf" ' 25 1 in section 14 of the principal act,-amendmentof miction 16 (4) for sub-section(l), the following s'ulhection shall be sustltuted, namely:-ie (1) every corporation shau have a managing director, a chief accounts officer and a financial adviser, appointed by the 30 state govemment: provided that the same person may be appointed &3 the chief accounts officer and the financial adviser"; '(b) in sub-section (2), for the words "such other officers and '" servants", the words "a secretary and such other officers and em- 35 ployees" shall be substituted; (c) for sub-section (3), the following sub-seetion shall be substituted, nunely:--"(3) 'nle condition$ of appointment and service' and the scales of pay of the officers and employees of a corporation 40 hajl-(a) as respects the managing director, the chief accounts officer and the financial adviser, or, as the ease may be, the chief ac!eounte ofticer-cum-:rtmmcial ad't1serbe such, 4j as may be prescrilted' and (b) as respects the other officers and employees, be such as may, subject to the provisions of section 34, be detenninecl by regulations made under this act" t for section 15 of the principal act, the following section shall be 5 iuhstituted, namely:-substitution of new section for section 15 "16 (1) the mall"clging director shall be the executive head of the corporation and all other officers and employees of the corporation shall be subordinate to him managing director, chief accounts officer and financial adviser 10 (2) the managing director shall obtain tlie views of the chief accounts officer and the financial adviser or, as the case may be, the chief accounts officer-cum-financial adviser, on every proposal involving revenues, or expenditure from the fund, of the corporr>tion and shall cause such views to be placed before the board prior to the consideration of such propols1 by the board" 15 10 in the principal act, after chapter ii, the following chapter shall be inserted, namely:-' insertion of new chapter iia, "chapter iia subsidiajiy corpobations20 establishment of subsidiary corporations 17 a (1) where a corporation (hereafter in this section referred to as the parent corporation) is satisfied that it is expediettf or neeessuy so to do for the more efficient discharge of its functions under this act, it may, with the concurrence of the state govemment aud the central government; frame by notification in the oftlcial gazette a iicheme or schemes providing for tbe establishment of ode or more subsidiary corporations 35 (2) a scheme framed under sub-section (1) shall specify the subsidiary corporation or corporations which shad become established thereunder, the date or dates with effect from which they shall ,be so established, the powers and funetions of the parent corporation which such subsidiary corporation or corporations may exercise and discharge, the conditions and limitations subject to which such powers may be exercised, the management of the aftairs of each such subslcjjllry corporation by a board of directors, the capital of ~h neb subsidiary corporation and an other matters relating to such subsidiary corporations corresponding to the various matters for which provisions have beett made in this act with respect to the parent corpo1'lltion: provided that-(a) no subsidiary corporation shall start operation ott any iiew route without the previous approval of the p~ corporatiol1; ootheftprtllehta1ivts of the central government on the board of directors of a subslcuary corporation shah be in propor don to its contribution to the capital of the paredt corporation; (c) the liability of the central government to provide contribution to the capital of the subsidiary corporation or to the parent corporation shall not be increased without the approval of the central government; 5 (d) a subsidiary corporation shall have a managing director, a chief accounts ot1icer and a financial adviser or a chief accounts officer-cum-financial adviser, and such officers shall be appointed by the state government; (e) , the state government and the parent corporation shall ,10 have power to give directions to a subsidiary corporation in respect of any matter, including directions r~lating to recruitment, conditions of servi~ and training of the employees of the subsidiary corporation, wages to be paid to such employees, reserves to be maintained by the subsidiary corporation; 15 (f) the capital budget the revenue budget and the annual development plans of a subsidiary corporation shall be submitted for approval to the parent corporation and where such budget or plan involves any deficit, also to the state government (3) every subsidiary corporation cstabl~ed under a scheme ~o framed under sub-section (1) shall be a body corporate, by the name specified in the scheme having perpetual succession and a common seal and shall by the said name sue and be sued" 11 in section 19 of the principal act,-amendment of section 19 (a) in clause (e) of sub-section (2), for the words "or any other 25 stores of scrap value", the words "any other stores of scrap value, or s'uch other stores as may be declared to be obsolete in the prescribed manner" shall be substituted; (b) in sub-section (5), for the words "officers and servants", the words "officers and other employees" shall be substituted 30 12 in section 23 of the principal act- amendment of section 23 <a> for sub-section (2), the following sub-sections shan ite subltituted, namely:-"(2) the corporation may, whether or not any capita) is provided to it under sub-section (1), raise by the issue of sh~ 35 such capital (bereafter in this section referred tou the "authorised share capital") as may be authorised in this behalf 'tty the state government: provided that where any capital is provided to the corporation under 8ub~section (1), no capital may be railed under this 40 sub-sedion without the prcviott~ approval of the centnl government~ ~, i (za) any capital raised under sud-section (2) with the previous approval of the central government may be,-5 (e) in addition to the capital provided to the corporation udder sub-section (1); (b) subscribed to by the central government or the state government, as the case may be, by convertin, the whole or any part of the capital provided [whether before or after the commencement of the road transport corporatiodl 10 (am~ndment) act, l981] to the corporation by that govemment under sub-section (1)"; (b) in sub-section (3), for the words llauthorised capital", the words "authorised share capital" shall be substituted 13 for section 26 of the principal a<:t, the following section shall be sub8titusubstituted, 'namely:-tion of new | section | for ||------------|--------|| section | 26 || borrow- | || ing | || powers | |20 ;) of 1970 40 of 1980 sa of 18111 111 of ins 25 18 of 196 • ~l of 1956 "26 a corporation may, with the previous approval of the state government, borrow money for the purpose of -raising its working capital or meeting any expenditure of a capital nature in the open market or from a corresponding new bank constituted under section 3 of the banking companies (acquisition and transfer of undertakings) act, 1970, or section 3 of the banking companies (acquisition and 'l'ransfer of undertakings) act, 1980, a state finance corporation, established under section 3 of the state financial corporat,ons act, 1951, the industrial finance corporation of india, established under section 3 of industrial finance corporation act, 1948, the industrial development bank of india, established under section 3 of the industrial development bank of india act, 1964, the life insurance corporation of india, established under section 3 of the life insurance corporation act, 1956, or any other financial institution providing credit which is subject to the control of the reserve bank of india" so amendment of section 21 14 in sub-section (2) of section 27 of the principal act, after the words "or with the agents of the reserve bank of india,", the words, figures ·and brackets "or with the corresponding new banks constituted under section 3 of the banking companies (acquisition and transfer of under-ii 1970 takings) act, 1970, or section 3 of the banking companies (acquisition 40 ~f 1980 35 and transfer of undertakings) act, 1980," shall be inserted continuance of existing members of corporations 15 every person holding office immediately before the commencement of this act as the chairmat:l, vice-chairman or other member of a road transport corporation, established under section 3 of the p:incipal act 40 shall, on such commencement, be deemed to have been 3ppomted as the chairman vicechairman or other director (as the case may be) of the board of 'directors of the said corporation under the principal act, as amended by this act, for the remainder of the term for which such person would have continued to hold office as the chairman, vice-chamnan or 45 other member of such corporation, if this act had not been enacted 1 • the amendments directed in the schedule (being of consequential nature) shall be made in the principal act consequential amendmenta consequential ambndmbmtssection 2-(a) after clause (a), insert the following:-'(<14) "board" means the board of directors of a cerp,oration;'; 5 (b) after clause (b), insert the following:-'(bb) "director" means a member of the board;' sectio1f 7-for "member", substitute "director" section 9-for "corporation"', substitute "corporation or its board" and for "amongst its members", substitute "in its board" to section io-for "corporation", wherever it occurs, substitute "board" section ll-(a) for "cprporatiod", wherever it occw's, substitute "board"; (b) in sub-section (2), for "such member as may be chosen by the members present", substitute "such director as may be chosen by the 15 directors present" section i6-for "officer or servant", substitute "officer or other employee" section 24-after "(2),", insert "(2a)" section 28-(a) in sub-section (1), for "the capital of a corporation", 20 substitute "the whole or part of the capital of a corporation"; (b) in sub-section (2), for "raises its capital", substitute "raises the whole or any part of its capital" section 37-in sub-section (1), for "ofticers or servants", substitute "officers or other employees" section 38-in clause (a) of sub-section (2), for "members", wherever it occurs substitute "directors" section 4a-y"r "officer or servant'\ substitute "officer or otber employee" section 43-for "members", substitute "directors" and for "officers 30 and rvants", substitute "officers and other employees" section 44-in bub-section (2) ,-(a) tor clause (a), substitute the following:-"(a) the conditions and manner of appointment of directors of a corporation, the representation in the board of the central 35 and state governments, and where shares are issued to other parties under sub-sectio'n (3) of se<:tion 23 of such shareholders and generally all matters relating to the constitution of the board"; (b) for clause (b), substitute the following:-"(b) remuneration, allowance:; or fees paid to the directors of the corporation or other persons associated with the board under section 10;"; 5 (c) in clause (c), for "members", substitute "directors"; (d) in clause (d), for "members", substitute "directors" and for "corporation", substitute "board"; io (e) hi clause (e), for "chief execu~ive officer or general manager and the chief accounts officer", substitute "managing director, the chief accounts officer, the financial adviser or, as the case may be, the chief accounts officer-cum-financial adviser"; (f) after clause (f), insert the following:-"<ff> the procedure in accordance with which any stores may be declared obsolete under sub-section (2), of sectiun 19;", 15 section 45-in sub-section (2) ,-(a) in clauses (a) and (b), for "corporation", substitute "board"; (b) in clause (c), 'for "servants of "the corporation, other than the chief executive officer or general manager and the chief accounts officer", substitute "other employees of the corporation 20 other than the managing director, the chief accounts officer and the financial adviser or, as the case may be, the chief accounts officer-cum-financial adviser", statement of objects and reasonsthe road transport corporation act, 19150 was enacted to enable state governments to set up transport corporations with the object of providing efficient, adequate, economical and properly coordinated system of road transport services in the light of the changed circumstances the suggestions which have been received from the state governments, different ministries of the central government 'and other agencies concerned, it is proposed to make certain amendments in the said act with a view primarily to secure the better functioning of the road transport corpor-ations under the act 2 the more important amendments propos~d in the bill are the following: -(a) section 1 of the act is being amended to provide for the extension of the act to the union territory of mizoram (vide clause 2) (b) the organizational set up of the road tl'an>port corporations under the act is being modified to provide for each corporation a board of directors consisting of a chairman and other directors in place of the chairman and members of the corporation this approach would help in keeping the agency through which a corporation has to function distinct from the corporation itself it is also proposed to provide that in addition to the chairman, each board may consist of not less than five and not more than seventeen other directors (l,ide cl&use 3) (c) section 8 of the principal act is being' amended, inter aha, for including therein provisions for removal of the chairman or any other director on grounds of misconduct (including abuse of power and corruption) [vide clause 5 (b) ] (d) l'n the context of the growing 'bctivities of the corporations it is felt that certain activities of a corporation could be better attended to by subsidiary corporations to facilitate this process, provision is being included to enable each road transport corporation to frame, with the concurrence of the state government concerned 'bnd the central governme-nt, scheme or schemes providing for the establish· ment of one or more subsidiary corporations (11idc clause 10) (e) at present a road transport corporation cannot raise any share capital where loan capital has been provided to it by the central government and the state government with a view to augmenting the resources of the corporation and to enable the corporations to undertake developmental schemes, section 23 df the principal act is being amended to enable a corpor'btion which has received a loan capital from the central government and the state government to raise, share capital opportunity is also' being taken to enable the central government or the state government to convert the whole or any part of the loan capital provided by it under the said section 23 into share capital (vide clause 12) (f) section 26 of the principal act relating to borrowing powers of road transport corporations is being substituted by a new section to enable a corporation, with the approval of the state government, to borrow money not only in the open market, but also from the nationalised banks, state fi'nancial corporations, the industrial finance corporation of india, the industrial development bank ot india, the life insurance corporation of india, or any other financial institution providing credit which is subject to the control of the reserve bank of india such borrowing may be either for the purpose of raising working capital or for meeting any expenditure of a capitd nature (vide chmse 13) 3 the bill seeks to achiev~ the above objects new delhi; the 16th december, 1981 veerendra pam, clause 2 of the bill seeks to insert a proviso in 8ub·section (2) of section 1 of the principal act for the purpose of providing for the extension of the act to the union territory of mizoram when a road transport corporation is established in the union territory of mizoram, the central government may have to l'ontribute to the capital of the corporation at this stage, it is difficult to make any estimate of the expenditure which may be involved 2 clause 8 of the bill seeks to amend section 14 of the principal act to provide for a financial adviser and a secretary for each of the cor· poration", the expenses with respect to salary etc of persons who may be appointed to these posts will be met out of the fu'nds of the corporations concerned it does not involve any expenditure from the consolidated fund of india, - 3 clause 10 of the bill seeks to insert a new chapter iia in the principal act to authorise each road transport corporation to establish one 01' more subsidiary corporations when a road transport corporatio'n establishes sul?sidiary corporations, the central government may have to (though it is not obligatory so to do) incur expenditure by way of providing additional capital to the road transport corporation or by way of contributing to the capital of the subsidiary corporations it is not possible to give ~ny estimate of the expenditure which may be involved as that will depend upon the number of road transport corporations which may set up subsidiary corporations, the number of subsidiary corporations which would be set up, the extent to which such road trans· port corporations and the subsidiary corporations require ass'stance from the central government and other co'ntingencies 4 clause 12 of the bill seeks to amend section 23 of the principal act to provide, inter alia, for the issue of share capital by a corporation even when such corporation has been provided loan capital by the central government and the state government to the extent the central government may choose to contribute to any such share capital of a corporation, expenditure will be involved from the consolidated fund of india the amendment" proposed by the clause in section 23 of the principal act a1::;0 enable the central government to convert the whole or any part of the loan capital provided by it to any corporation into share capital this by itself does not involve any expenditure but there would be some loss if the dividend income from the capltal converted into share capital turns out to be less in any year than the income which would have been earned by way of interest if the loan capital had not been so converted conversely, there would be a gain if the dividend income turns out to be more than what would have been earned by way of interest it is not possible to make any estimate of such loss or gain at this stage as the same will depend upon how the corporations would function 5 the bill does not involve any other expenditure of a recurring or non-recurring nature memorandum regarding delegated legislationclause 7 seeks to amend section 13 of the act to make provision as to t?e persons who may authenticate the orders and decisions of a corporation the amendment provides that in addition to the secretary to the board of directors of a corporation, such other persons as may be authorised in this behalf by regulations may also authenticate the orders and decisions of the corporation clause 11 seeks to amend section 19 of the act to provide, inter alia, that the disposal of the obsolete stores may be in accordance with special· procedure as may be specified by rules made by the state government thus while the· delegation of power under the amendment to section 13 of the act pertains to a matter of detail, the delegation of, power under the amendment to section 19 of the act pertains to' a matter of procedure the delegation involved is, theref,ore, of a normal character 2 clause 10 of the bill seeks to insert a new chapter iia containing a single section, namely, section 17a to enable a road transport corporation to frame a scheme or schemes fur the establishment of one or more subsidi'ary corporations such a scheme can be framed only with the concurrence of the state government concerned and also of the central government in sub-section (2) of the said section 17a, it has been provided that the powers and functions which a subsidiary corporation may exercise and discharge would be only such of the powers and functions of the road transport corporation establishing such subsidiary corporations as may be specified in the scheme further, though more important matters which &hould be provided for in such a scheme have been listed in the said sub-section (2), it has also been made clear that the otber matters for which provisions may be made in such a scheme would be those corresponding to the various matters for which provisions have been made in the act with respect to road transport corporations the prov'so to the said sub-section (2) specifies suitable safeguardf'; and guidelines with respect to the powers of the subsidiary corporations, composition of the subsidiary corporations, liabilitv of central government to provide contribution to the capital of 1'1 subsidiary corporation and the composition of the executive agenov through which a subsidiary corporation may function further, provisions have also been made· in the proviso with' regard to the control by the state government and 'also the road transport corporation establishing the subsidiary corporatio-n over the subsidiary corporation in view of the afore-mentioned circumstances and considerations the delegation of legislative power under clause 10 is also of a normal character | Parliament_bills | 58638f38-961b-5ab5-94ff-5f1c1eb30532 |
the sugar (special excise duty) bill, 1959(as introduced in lok sabha on 3rd december, 1959) (as introduced in lok sabha)a bill to provide for the imposition of a special duty of excise on certai11l rugar be it enacted by parliament in the tenth year of the republic of india as follows: ~ , 1 (1) this act may be called the sugar (special excis(; duty) act, 1959 s (2) it shall be deemed to have come into force on f1e 25th ~~3~(~~~c day of october, 1959 mencement 2 in this act, unless the context otherwise requires,-10 is (a) "central excises act" means the central excises and salt act, 1944; definition • (b) "factory" means any premises, including the precincts thereof, wherein or in any part of which sugar is being manufactured, or, wherein or in any part of which, any manufacturing process connected with the production of sugar is being carried on or is ordinerily carried on, and includes any premises wherein sugar in respect of which the duty of excise payable under the central excises act or the additional duties of excise (goods of special importance) act, 1957, has not been paid, is stored; (c) "sugar" means any form of sugar, whether wholly or partially manufactured, but does not include-~o (i) khendsari sugar, that is to say sugar in the manufacture of which neither a vacuum pan nor a vacuum evaporator is employed; or (ii) palmyra sugar, that is to say sugar manufactured from jaggery obtliined by boiling the juice of the palmyra palm imposition of special additional excise duty on certain auibi 3 (1) there shall be levied and collected in respect of that quantity of sugar removed from any factory on or after the com- 5 mencement of this act as is equivalent to the quantity of sugar lying in stock on such commencement within the precincts of the factory, a special duty of excise at the rate of rupees two and fifty-two nalla paue per cwt i (2) the duty of excise referred to in sub-section (1) shall be in 10 addition to the duties of excise chargeable on sugar under the central excises act or any other law for the time being in force (3) the provisions of the central excises act and 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 cohee- 15 tion of the special duty of excise referred to in sub-section (1) as they apply in relation to the levy and collection of the duties of excise on sugar under the central excises act effect of 4 where, in compliance with an order made with reference to levy of ~uty clause (f) of sub-section (2) of section 3 of the essential commodi- ~o =~i~s ties act, 1955, a person is required to sell any sugar, the price of the 10 of 19~' su~r so required to be sold shall, if he has paid the special duty of excise leviable under section 3 on such sugar, include an amount equivalent to the duty so paid, and he shall be entitled to be paid such amount by the buyer 25 repeal 5 the sugar (special excise duty) ordinance, 1959, is hereby 3 of 1959 repealed statement of objects and reasonsthis bill seeks to replace the provisions of the sugar (special excise duty) ordinance, 1959 (no3 of 1959), promulgated by the president on the 25th october, 1959 in order to stimulate production of sugar during the current season government decided to increase the price of sugar-cane simultaneously the ex-factory price of sugar was also increased in proportion to the increase in cane price, by rs 252 per cwt as the sugar produced out of cane purchased at the old cane price would have got an unintended benefit of the enhanced price, it was decided to mop up these profits for the public exchequer, by promulgation of an ordinance new delhi; morarji desai the 26th november, 1959 a bill to provide for the impositioo of a special duty of excise on (:eltain sugar the president has, in pursuance of clause (1) of article 117 and clause (i) of article 274 of the constitution of india, recommended to lok sabha the introduction of the bill m n kaul, secretary (shri morarji desai, minister of finana) | Parliament_bills | 47cea90a-6666-549f-8115-b22f85c57f82 |
bill no 60 of 2012 the constitution (scheduled castes) order (amendment) bill, 2012 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-third year of the republic of india as follows:—short title1 this act may be called the constitution (scheduled castes) order(amendment) act, 2012co 192 in the schedule to the constitution (scheduled castes) order, 1950,—5(a) in part viii - kerala,—amendment of the constitution (scheduled castes) order, 1950(i) for entry 46, substitute,—"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), (carpenter who are known as thachan, in the erstwhile cochin and travancore state) and 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";5(ii) for entry 2, substitute,—"2 amant, amat, dandachhatra majhi, amata, amath";(iii) for entry 13, substitute,—"13 bedia, bejia, bajia";(iv) for entry 41, substitute,—10"41 jaggali, jaggili, jagli";(v) for entry 69, substitute,—"69 pan, pano, buna pana, desua pana, buna pano";(d) in part xvii—tripura,—(i) for entry 4, substitute,—15"4 chamar, muchi, chamar-rohidas, chamar-ravidas";(ii) for entrty 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 3 shall be omittedamendment of the constitution (sikkim) scheduled castes order, 1978 statement of objects and reasonsin accordance with the provisions of article 341 of the constitution, six presidential orders were issued between 1950 and 1978 for 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 between 1956 and 2007 under clause (2) of article 341 of the constitution2 proposals have been received from the state governments of kerala, madhya pradesh, odisha, tripura and sikkim for certain modifications in the list of scheduled castes of these states, by way of modification of certain existing entries for inclusion of certain communities as scheduled castes in the case of the first four states and omission of an existing entry in the case of sikkim the national commission for scheduled castes and the registrar general of india have conveyed their concurrence to the proposed changes3 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 objectivesmukul wasnikthe 12th may, 2012 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 extract from the constitution (sikkim) scheduled castes order, 1978(co 110) the schedule 3 majhi (nepali) ———— abillfurther to amend the constitution (scheduled castes) order, 1950 and the constitution (sikkim) scheduled castes order, 1978————(shri mukul wasnik, minister of social justice and empowerment)gmgipmrnd—1170ls(s3)—15-05-2012 | Parliament_bills | 5fed0cb5-da2d-599d-8a31-90693cc91085 |
the finance (no 3) bill, 1956(nm introduced in look sabra) the finance (no3) bill, 1956 (as introduced in lok sabra) a blllfurther to amend the indian income-tax act, 1922, for the purpose of imposing a tax on capital gains and for certain other purposes and to prescribe the rate of super-tax on companies for the financial year 1957-58 be it enacted by parliament in the seventh year of the republic of india as follows:-1 (1) this act may be called the finance (no3) act, 1956 short title and commencement (2) it shall come into force on the 1st day of april, 1957 s 2 in section 2 of the indian income-tax act, 1922 (hereinafter amed~nt referred to as the principal act), in the explanation to clause (6a) , of section 2 the following shall be inserted at the end, namely:-"and before the 1st day of april, 1956" 3 after sub-section (2a) of section 10 of the principal act, the amendment 10 following sub-sections shall be inserted, namely:-of lection 10-"(2b) where for the purpose of computing under this section the profits or gains of, a company for any previous year an allowance is made under clause (vi), clause (via), clause (vib) is or clause (vii) of sub-section (2) an amount equal to the sum of all the allowances so made shall be included in the total income of the previous year as "profits and gains" unless the company deposits with the central government before the 30th day of june of the year succeeding the previous yearsuch percentage, not exceeding twenty-five, as may, from time to time, be notified by the central government, of the accumulated profits and reserves of the company as at the end of the year preceding the previous year, to the extent to which such profits and reserves are not represented by the fixed ,assets of the company, plus such percentage, not exceeding seventy-five, as may, from time to time, be notified by the central government, of the amount by which the sum of the following amounts, namely:-(a) the total income of the company for the previous year, as reduced by the amount of income-tax and super-tax payable in respect thereof and by the dividends, if any declared during the previous year, and (b) the sum of the allowances made under the· clauses aforesaid exceeds the sum of rupees one lalm (2c) the central government may make rules providing for the manner in which the deposits referred to in sub-section , (2b) may be made, the time when and the manner in which refunds of any such deposit shall be made whether with or without interest, and in particular the r~fund at any time of any such deposit or part thereof where the refund is claimed for carrying out any such purpose connected with the business of 10 the company as is approved by the central government" 4 for section 12b of the principal act, the following shall be substituted, namely:-"12b (1) the tax shall be payable by an assessee under the head "capital gains" in respect of any profits or gains arising is from the sale, exchange, relinquishment or transfer of a capital asset effected after the 31st day of march, 1956, and such profits and gains shall be deemed to be income of the previous year in which the sale, exchange, relinquishment or transfer took place: i , ,20 provided that any distribution of capital assets on the total or partial partition of a hindu undivided family or under a deed of gift, bequest or will shall not for the purposes of this section be treated as a sale, exchange, relinquishment or transfer of the capital assets: 2s provided further that the transfer of a capital asset by a company to a subsidiary company, the whole of the share capital of which is held by the parent company or by the nominees ther!,?of, shall not be treated as a sale, exchange or transfer within the meaning of this section where the subsidiary company 30 is resident in the taxable territories and is registered under the indian companies act, 1956, so howev~r that for the purposes of clause (vi) or clause (vii) of sub-section (2) of section 10, the cost or the written down value, as the case may be, of the transferred capital asset shall be taken to be the same as it 35 would have been if the parent company had· continued to hold the capital asset for the purposes of its business (2) the amount of a capital gain shall be computed after making the following deductions from the full value of the consideration for which the sale, exchange, relinquishment or 40 transfer of the capital asset is made, namely:-"ci) expenditure incurred solely in conne~tion with such sale, exchange, relinquishment or transfer; (ii) the actual cost to the assessee of the capital asset, including any expenditure of a capital nature incurred and 4s borne by him in making an): additions or alterations thereto, but e~cluding any expenditure in respect of which any allowance is admissible under any provision of seotions 8, 9, 10 and 12: provided that where a person who acquires 8 capital asset so from the assessee, whether by sale, exchange, relinquishment or 5 10 is 20 tt:ansfer is a person with whom the assessee is directly or indirectly connected, and the income-tax officer has reason to believe that the sale, exchange, relinquishment or transfer was effected with the object of avoidance or reduction of the liability of the assessee under this section, the full value of the consi- - deration for which the sale, exchange, relinquishment or transfer is made shall, with the prior approval of the inspecting assistant commissioner of income-tax, be taken to be the fair market value of the capital asset on the date on which the sale, exchange, relinquishment or transfer took place: provided further that where the capital asset is an asset in respect of which the assessee has obtained depreciation allowance in any year, the actual cost of the asset to the assessee shall be its written down value, as defined in section 10, increased or diminished, as the case may be, by any adjustment made under clause (vii) of sub-section (2) of that section: provided further that where the capital asset became the property of the assessee, or of the previous owner where the cost of the capital asset to the previous owner is to be taken in accordance with sub-section (3), before the 1st day of january, 1954, he may, on proof of the fair market value thereof· on the said date to the satisfaction of the income-tax officer, substitute for the actual cost such fair market value which shall be deemed to be the actual cost to him of the asset, and which shall be reduced by the amount of depreciation, if any, allowed to the assessee after the said date and increased or diminished, as the case may be, by any adjustment made under clause (vii) of sub-section (2) of section 10: provided further that where the capital asset was on any previous occasion the subject of negotiations for its sale, exchange, relinquishment or transfer, any option or other money received and retained by the assessee in respect of such nego-· tiations shall be deducted in computing the actual cost to him of such asset 35 45 (3) where any capital asset became the property of the assessee by succession inheritance or devolution or on any distribution of capital assets on the total or partial partition of a hindu undivided family or on the dissolution of a firm or other association of persons or on the liquidation of a company or under a deed of gift or transfer on irrevocable trust, its actual cost allowable to him for the purposes of this section shall be its actual cost to the previous owner thereof, and the provisions of sub-section (2) shall apply accordingly; and where the actual cost to the previous owner cannot be ascertained, the fair market value at the date on which the capital asset became the property of the previous owner shall be deemed to be the actual cost thereof: provided that where the capital asset became the property of the assessee-50 (i) before the 1st day of april, 1956 under a deed of gift or on the partition of a hindu undivided family, the actual cost allowable to him shall be the fair market value of the capital asset on the date of the gift or the date of the partition, as the case may be, if such value is greaier than the actual cost to the previous owner or the fair market value thereof on the 1st day of· january, 1954, where the third proviso to sub-section (2) applies; (ii) on or after the 1st day of april, 1956, on the parti- , tion of a hindu undivided family the cost allowable to him shall be the fair market value on the date of the partition (4) notwithstandin~ anything contained in sub-section (1), where a capital gain arises from the sale, exchange, relinquishment or transfer of a capital asset being property the income 10 of which is chargeable under section 9 which in the two years immediately preceding the date on which the sale, exchange, relinquishment or transfer took place, was being used by the assessee or a ~arent of his mainly for the purposes of his own or the parent s own residence, and the assessee has within a is period of one year before or after that date purchased a new property for the purposes of his own residence, then instead of the capital gain being charged to tax as income of the previous year in which the sale, exchange, relinquishment or transfer took place, it shall, if the assessee so elects in writing before the 20 assessment is made, be dealt with in accordance with the following provisions of this sub-section, that is to say,-(a) if the amount of the capital gain is greater than the cost of the new asset, the difference between the amount of the capital gain and the cost of the new asset shall be 25 ch8lged under this section as income of the previous year, or (b) if the amount of the capital gain is equal to or less than the cost of the new asset, the capital gain shall not be charged under this section" 5 in section 17 of the principal act,-amendment of lec:tion 17 (a) for clause (ii) of sub-section (6), the following clause shall be substituted, namely:-"(ii) on the whole amount of such inclusion, income-tax equal to the amount which bears to the income-tax which would have been payable on his total income as reduced by 35 two-thirds of the amount of such inclusion the same proportion as the whole amount of such inclusion bears to such reduced total income: provided that where the amount of such inclusion does not exceed the sum of five thousand rupees or the total 40 income does not exceed the sun:t of ten thousand rupees such income-tax shall be nil and in any other case such income-tax shall not exceed one-half 'of the amount by which the amount of such inclusion exceeds the sum of five thousand rupees;" 4s (b) for sub-section (7), the following sub-section shall be substituted, namely:- "(7) where the total income of a company includes any income chargeable under the head "capital gains", the super-tax payable by it shall be calculated on its total income 50 as reduced by the amount of such inclusion" i in section 23a of the principal act,-ca) in sub-section (1) for the words "at the rate of four :a3a annas in the rupee", the words "at the rate of six annas in the rupee" shall be substituted 10 (b) after the proviso to sub-section (1), the following further proviso shall be inserted, namely:-"provided further that in the case of a company referred to in sub-section (4), this section shall app1r as if for the words "sixty per cent of the total income' and "fifty-five per cent of its total ,income" wherever they occur, the words "fifty per cent of the total income" and "forty-five per cent of its total income" respectively had been substituted" (e) in clause <i) of sub-section (2), for the words "in clause (a> of the proviso to that sub-section", the words "in clause <a) of the first proviso to that sub-section shall be substituted 7 in section 24 of the principal act,-such shall (a) in sub-section (2b), the words "so however loss shall be so carried forward for more than six be omitted; 20 (b) for the proviso to sub-section (2b) , proviso shall be substituted, namely:-, "provided that where the loss sustained by' not being a company, in any previous year ·exceed five thousand rupees, it shall not be carried forward" i for the year ending on the 31st day of march, 1958, the rate ra,:~f fu~ of super-tax for the purposes of section 55 ot the principal act shall, ~anic:1 0 in the case of every company, be as follows:-35 provided that-(i) a rebate at the rate of seven 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-tax act for the year ending on the 31st day of m~rch, 1958, has made the prescribed arrangements :for the declaration and payment within india, of the dividends payable out of such profits and for the deduction of super-tax from dividends in accordance with the proyisions of sub-section (3d) of section 18 of that act, and (b> is such a company as is referred to in sub-section (9) of section 23a of the income-tax act, with total income not exceeding rs 25,000 45 (ii) a rebate at the rate of six annas per rupee of the total income' shall be allowed in the case of any company which satisfies condition <a) but not condition (0), of the preceding clause; and (iii) a rebate at the rate of five annas and six pies per rupee on so much of the total income as consists of dividends from a subsidiary indian company and a rebate at the rate of, three annas per rupee on any other income included in the total income shah be allowed in the case of any company not entiued 5 to a rebate under either of the preceding clauses: provided further that-(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 10 amounts, as the case may be, computed as hereunder:-the whole amount of such part (a) on that part of the sum arrived at in accordance with clause (i) of the second proviso to paragraph d of part ii of the first schedule to the finance act, 1956, as has not been deemed to have been taken into account, in accordance with clause (ii) of the said pro"', for the purpose of reducing thein'bate mentioned therein to nil; at the rate of two annas per rupee ,(b) on the amount representing the face value of any bonus shares or the amount of any bonus issued to its shareholders during the prewous year with a view to increasing the paid-up capital, except to the extent to which such bonus shares or bonus have been issued out of· premiums received in cash on the issue of its shares; and at the rate of two annas per rupee ( c) 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 which exceeds 6 per cent but does not exceed 10 per cent of the paid-up capital: at the rate of four 45 annas per rupee, at the rate of six annas per rupee 50 on that part of the said dividends which exceeds 10 per cent but does not exceed 18 per cent of the paid-up capital; on that part of the said dividends which exceeds 18 per cent of the paid-up capital (ii) where the sum arrived at in accordance with clauae (i) of 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 of 5 reduction mentioned in sub-clauses (a), (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 for the purpose: provided further that the super-tax payable by ,a company the 10 total income of which exceeds rupees twenty-five thousand shall not exceed the aggregate of-(a) the super-tax which would have been payable by the company if its total income had been rupees twenty-five thousand, and 15 (b) half the amount by which its total income exceeds rupees twenty-five thousand 20 expzanation-for the purposes of this section-(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 the 31st day of march, 1958, increased by any premiums received in cash by the company on the issue of its shares, standing to the credit of the share premium account as on the first day of the previous year aforesaid; 35 (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 principal act; (iii) where any portion of the profits and gains of the company is not included in its total income by reason of such portion being exempt from tax under any provision of the principal act, the "paid-up capital" of, the company, the amount distributed as dividends (not being dividends payable at a fixed rate), the amount representing the face value of any bonus shares and the amount of any bonus issued to the shareholders, shall each be deemed to be such proportion thereof as the total income of the company for the previous year bears to its total profits and gains for that year other, than capital receipts, reduced by such allowances as may be admissible under the income-tax act which have not been taken into account by the company in its profit and loss account for that year statement of objects and reasonsthe object of this bill is to revive, with effect from the financial year 1957-58, the taxation of "capital gains", to prescribe the rate of super-tax applicable to companies for the financial year 1957-58 and to provide for a few condected matters no'd&uu; the 30th november, 1956 t t krishnamachari clause 2 amends the definition of "dividends" in clause (6a) of section 2 of the income-tax act, and provides that capital gains arising on and from the 1st april, 1956 will also come within the scope of "accumulated profits" of the company clause 3 inserts a new sub-section (2b) in section 10 of the income-tax act, and provides that development rebate and depreciation allowances due to be allowed in the computation of income of companies will be added back, unless the companies deposit with the government a certain amount as prescribed sub-section (2c) empowers the central government to make rules for refund of deposits and other connected matters clause 4 re-enacts section 12b of the income-tax act with modifications and provides that capital gains arising on or after the 1st april, 1956, on the sale, exchange, relinquishment or transfer of a capital asset, will be charged to income-tax clause 5 amends section 17 of the income-tax act, and provides the basis of computation of tax on the capital gains included in the total income and on the remainder of the total income clause 6 amends section 23a of the income-tax act, and provides for the increase of the rate of additional super-tax applicable to a non-investment company which has not distributed the minimum dividends, to six anoas per rupee with effect from the financial year 1957-58 the minimum distribution in the case of an industrial company will be reduced to 50 per cent of the distributable profits, as against 60 per cent applicable to other non-investment companies clause 7 amends section 24 of the income-tax act, and provides for the carry forward of capital losses arising after 1st april, 1956 indefinitely for purposes of set off against capital gains arising in subsequent years clause b prescribes the rate of super-tax applicable to all companies for tke financial year 1957-58 clause 3 of the bill proposes to empower the central government to make rules in respect of the following matters-(i) to prescribe, from time to time, subject to certain limits, the percentaees for the calculation of the amount to be deposited (ii) to prescribe the manner in which the deposits may be made, (iii) to prescribe the time when and the manner in which refunds of deposits may be made, and (iv) to prescribe the rate of interest, if any, for the amounts deposited the delegation is of a normal character extpacts from the indian income-tax act, 1922 (no 11 of 1922) 2 (1) - • - definitions(6a) "dividend" includes-(a) any distribution by a company of accumulated profits whether capitalised or not, if such distribution entails the release by the company to its shareholders of all or any part of the assets of the company (b) any distribution by a company of debentures debenturestock or deposit certificates in any form, whether with or without interest, to the extent to which the company possesses accumulated profits, whether capitalised or not; (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, whether capitalised or not; (d) any distribution by a company on the reduction of its capital to the extent to which the company possesltes accumulated profits which arose after the end of the previous year ending next before the 1st day of april, 1933, whether such accumulated profits have been capitalised or not; (e) any payment by a company, not being a company in which the public are substantially interested within the meaning of section 23a, of any sum (whether as representing a; part of the assets of the company or otherwise) by way of advance 01 loan to a shareholder or any payment by any such company on behalf or for the individual benefit of a shareholder, to the extent to which the company in either case possesses accumulated profits; but 'dividend' does not include-(i) a distribution made in accordance with sub-clause (c) or sub-clause (d) in respect of any share issued for full cash consideration where the holder of the share is not entitled in the event of liquidation to participate in the surplus assets; (ia) any advance or loan made to a shareholder by a company in the ordinary course of its business where the lending of money is a substantial part of the business of the company; (ii) any dividend paid by a company which is set 011 by the company against the whole or any part of any sum previously paid by it and treated as a dividend within the meaning of clause (e), to the extent to which it is so set off explanation-the expression "accumulated profits", wkerever it occurs in this clause, shall not include capital gains arising before the 1st day of april, 1946, or after the 31st day of march, 1948 - - - - - - - - - - 10(1) - • - businesl - - - - - (2) such profits or gains shall be following allowances, namely:-computed after making the - - - - - (vi) in respect of depreciation of such buildings, machinery, plant, or furniture being the property of the assessee, a sum equivalent, where the assets are ships other than ships ordinarily plying on inland waters, to such percentage on the original cost thereof to the assessee as may in any case or class of cases be prescribed and in any other case, to such percentage on the written down value thereof as may in any case or class of eases be prescribed: - - - - - (via) in respect of depreciation of buildings newly erected, or of machinery or plant being new which has been -installed, after the 31st day of march, 1948, a further sum (which shall be deductible in determining the written down value) equal to the amount admissible under clause (vi) (exclusive of the extra allowance for double or multiple shift working of the machinery or plant and the initial depreciation allowance admissible under that clause for the first year of erection of the building or the installation of the machinery or plant) in not more than five successive assessments for the financial years next following the previous year in which such buildings are erected and such machinery and plant installed and falling within the period commencing on the 1st day of april, 1949, and ending on the 31st day of march, 1959 (vib) in respect of machinery or plant being new, which has been installed after the 31st day of march, 1954, and· which is wholly used for the purposes of the business carried on by the assessee, a sum by way of development rebate in respect of the year 'of installation equivalent to twenty-five per cent of the actual cost of such machinery or plant to the assessee: provided that no allowance under this clause shall be made unless the particulars prescribed for the purpose of clause (vi) have been furnished by the assessee in respect of such machinery or plant [(vii) in respect of any such building, machinery or plant which has been sold or dijre8rded or demolished or destroyed, the amount by which the written down value thereof exceeds the amount for which the building, machinery or plant, as the case may be, is actually sold or its scrap value: provided that such amount is actually written off in the books of the assessee: - - - - - 12b (1) the tax shall be payable by an assessee under the head "capital gains" in respect of any profits or gains arising from the sale, exchange or transfer of a capital asset effected after the 31st day of march, 1946, and before the 1st day of april, 1948; and such profits and gains shall be deemed to be income of the previous year in which the sale, exchange or transfer took place: provided that where the amount of capital gains in the previous year does not exceed fifteen thousand rupees, the tax shall not be payable by the assessee and such amount shall not be included in his total income: provided further that the tax shan not be payable by an assessee in respect of any profits or gains arising from the sale, exchange or transfer of a capital asset, being property the income of which is chargeable under section 9 and which has been possessed by the assessee or a parent of his for not less than seven years before the date on which the sale, exchange or transfer took place; and the amount of such profits or gains shall not be included in his total income: provided further that any transfer of capital assets by reason of the compulsory acquisition thereof under any law for the time being in force relating to the compulsory acquisition of property for public purposes or any distribution of capital assets on the total or partial partition of a hindu undivided family, or on the dissolution of a firm or other association of persons, or on the liquidation of a company, or under a deed of gift, bequest, will or transfer on irrevocable trust mall not, for the purposes of this section, be treated as sale, exchange or transfer of the capital assets: provided further that the transfer of a capital asset by a company to a subsidiary company, the whole of the share capital of which is held by the parent company or by the nominees thereof, shall not be treated as a sale, exchange or transfer within the meaning of this section where the subsidiary company is resident in the taxable territories and is registered under the indian companies act, 1913 so however that for the purposes of clause (vi) or clause (vii) of sub-section (2) of section 10, the cost or the written down value, as the case may be, of the transferred capital asset shall be taken to be the same as it would have been if the parent company had continued to hold the capital asset for the purposes of its business (2) the amount of a capital gain shall b~ computed after making the following deductions from the full value of the consideration for which the sale, exchange or transfer of the capital asset is made, namely:-(i) expenditure incurred solely in connection with such sale, exchange or transfer; (ii) the actual cost to the assessee of the capital asset, including any expenditure of a capital nature incurred and borne by him in making any additions or alterations thereto, but excluding any expenditure in respect of which any allowance is admissible under any provision of sections 8, 9, 10 and 12: provided that where a person who acquires a capital asset from the assessee, whether by sale, exchange or transfer, is a person with whom the assessee is directly or indirectly connected, and the income-tax officer has reason to believe that the sale, exchange or transfer was effected with the object of avoidance or reduction of the liability of the assessee under this section, the full value of the consideration for which the sale, exchange or transfer is made shall, with the prior approval of the inspecting assistant commissioner of income-tax, be taken to be the fair market value of the capital asset on the date on which the sale, exchange or transfer took place: provided further that where the capital asset is an asset in respect of which the assessee has obtained depreciation allowance in any year, the actual cost of the asset to the assessee shall be its written down value, as defined in section 10, increased or diminished, as the case may be, by any adjustment made under clause (vii) of subsection (2) of that section: provided further that where the capital asset became the property of the assessee or of the previous owner where the cost of the capital asset to the previous owner is to be taken in accordance with sub-section (3) before the 1st day of january, 1939, he may, on proof of the fair market value thereof on the said date to the satisfaction of the income-tax officer, substitute for the actual cost such fair market value which shall be deemed to be the actual cost to him of the asset, and which shall be reduced by the ambunt of the depreciation, if any, allowed to the assessee after the said date and increased or diminished, as the case may be, by any adjustment made under clause (vii) of sub-section (2) of section 10: provided further that where the capital asset was on any previous occasion the subject of negotiations for its sale, exchange or transfer, any option or other money received and retained by the assessee in respect of such negotiations shall be deducted in computing the actual cost to him of such asset (3) where any capital asset became the property of the assessee by succession, inheritance or devolution or under any of the circumstances referred to in the third proviso to sub-section (1), its actual cost allowable to him for the purposes of this section shall be its actual cost to the previous owner thereof, and the provisions of sub-section (2) shall apply accordingly; and where the actual cost to the previous owner cannot be ascertained, the fair market value at _the date on which the capital asset became the property of the previous owner shall be deemed to be the actual cost thereof: provided that where the capital asset became the property of the assessee--(i) before the 1st day of april, 1947, under a deed of gift or on the partition of a hindu uhdivided family, the actual cost allowable to him shall be the fair market value of the capital asset on the date of the gift or the date of the partition, as the case may be, if such value is greater than the actual cost to the previous owner or the fair market value thereof on the 1st day of january, 1939, where the third proviso to sub-section (2) applies; (ii) on or after the 1st day of april, 1947, on the partition of a hindu undivided family, the cost allowable to him shall be the fair market value on the date of the partition (4) notwithstanding anything contained in sub-section (1), where a capital gain arises from the sale, exchange or transfer of a capital asset which immediately before the date on which the sale, exchange or transfer took place was being used by the assessee for the purposes of his business, profession or vocation, or which in the two years immediately preceding that date was being used by him or a parent of his mainly for the purposes of his own or the parent's own residence, and the assessee has within a period of one year before or after that date purchased a new capital assetfor the same purposes of his business, profession or vocation or, as the case may be, for the purposes of his own residence, then instead of the capital gain being charged to tax as income of the previous year in which the sale, exchange or transfer took place, it shall, if the assessee so elects in writing before the assessment is made, be dealt with in accordance with the following provisions of this sub-section, that is to say,-(a) if the amount of the capital gain is greater than the cost of the new asset,-(i) the difference between the amount of the capital'gain and the cost of the new asset shall be charged under this section as income of the previous year, and (ii) for the purposes of computing in respect of the new asset any allowance under clause (vi) or clause (vii) of subsection (2) of section 10 or the amount of any capital gain arising from its sale, exchange or transfer, the cost or the written down value, as the case may be, shall be nil, or (b) if the amount of the capital gain is equal to or less than the cost of the new asset,-(i) the capital gain shall not be charged under this section, and - (ii) for the purposes of computing in respect of the new asset any allowance under the said clause (vi) or any allowance or adjustment under the said clause (vii) or the amount of any capital gain arising from its sale, exchange or transfer the cost or the written down value, as the case may be, shall be reduced by the amount of the capital gain: provided that where in respect of the purchase of a new capital asset consisting of plant or machinery the assessee satisfies the income-tax officer that despite the exercise of due diligence it has not been possible to make the purchase within the period specified in this sub-section, the income-tax offtcer may, with the prior approval of the inspecting assistant commissioner of income-tax, extend the said period to such date as he considers reasonable - - - - • - 17 (1) - - • - of to (6) where the total income of an assessee, not being a company, rc:r~e - ~ includes any income chargeable under the head "capital gains", the cia! cues pe tax, including super-tax, payable by him on his total income shall be--- (i) income-tax and super-tax payable on his total income as reduced by the amount of such inclusion, had such reduced income been his total income plus (ii) income-tax on the whole amount of such inclusion at the following rates, namely:-where such amount exceeds rs 15,000 but does not exceed rs 50,000 --one anna in the rupee, exceeds rs 50,000 but does not exceed rs 2,00,000 -two annas in the rupee, exceeds rs 2,00,000 but does not exceed rs 5,00,000 -three annas in the rupee, exceeds rs 5,00,000 but does not exceed rs 10,00,000 -four annas in the rupee, exceeds rs 10,oo,ooo-five annas in the rupee: provided that where owing to the fact that the amount of such inclusion has exceeded a certain limit, income-tax thereon is payable or is payable at a higher rate, the amount of income-tax so payable shall be reduced so as not to exceed-(a) the amount which would have been payable if the amount of such inclusion had not exceeded that limit, plus (b) one-half of the amount by which the amount of such inclusion exceeds that limit (7) where the total income of a company includes any income chargeable under the head "capital gains", the super-tax payable by the company in any year shall be reduced by an amount computed on that part of its total income which consists of such inclusion at the rate of super-tax (excluding the rate of additional super-tax, if any) specified in the case of a company by the annual central act fixing the rate or rates of tax for that year - - - - - - • - • •23a (1) subject to the provisions of sub-sections (3) and (4), power to where the income-tax officer is satisfied that in respect of any pre-=: toco:: vious year the profits and gains distributed as dividends by any per-ta on company within the twelve months immediately following the expiry uddi~buof that previous year are less than sixty per cent of the total income f:1 :;r::e of the company of th~ previous year as reduced by-cilia (a) the amount of income-tax and super-tax payable by the company in respect of its total income, but excluding the amount of any super-tax payable under this section; (b) the amount of any other tax levied under any law for the time being in force on the company by the government or by a local authority in excess of the amount, if any, which has been allowed in computing the total income; and (c) in the case of a banking company, the am6unt actually transferred to a reserve fund under section 17 of the banking companies act, 1949 (x of 1949); the income-tax officer shall, unless he is satisfied that having regard to losses incurred by the company in earlier years or to the smallness of the profits made in the previous year, the payment of a dividend or a larger dividend than that declared would be unreasonable, make an order in writing that the company shall, apart from the sum determined as payable by it on the basis 'of the assessment under section 23 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 ann,as in the rupee in the case of any otper company on the undistributed balance of the total income of the previous year, that is to say, on the total income reduced by the amounts, if any, referred to in clause (a), clause (b) or clause (c) and the dividends actually distributed, if any: provided that-(a) in the case of a company whose business consists wholly or mainly in the dealing in or holding of investments; and (b) in the case of any other company where the accumulated profits and reserves (including the amounts capitalised from the earlier reserves) representing acc·jidulations of past profits which have not been the subject of an order under this sub-section, exceed either the aggregate of-(i) the paid up capital of the company exclusive of the capital, if any, created out of its profits and gains which have not been the subject of an order under this sub-section, and (ii) any loan capital which is the property of the shareholders, or the actual cost of the fixed assets of the company, whichever of these is greater, this section shall apply as if for "the words "sixty ~r cent, of the total income," wherever they occur, the words - the whole of the total income" had been substituted (2)" no order under sub-section (1) shall be made-(i) in the case of a company referred to in clause (a) of the proviso to that sub-section, which has distributed not less than ninety per cent of its total income as reduced by the amounts, if any, referred to in clause (a), clause (b) or clause (c) of that sub-section, or (ii) in the case of any other company which has distribufed 110t less than fifty-five per cent of its total income as reduced "1y the amounts, if any, aforesaid, or (iii) in any case where according to the return made by a company under section 22, it has distributed not less than sixty per cent of its total income as reduced by the amounts if any, aforesaid, but in the assessment made by the income-tax officer under section 23 a higher total income is arrived at, and the difference in the total income does not arise out of the application of the proviso to section 13 or sub-section (4) of section 23 or the omission by the company to disclose its total income fully and truly, unless the company, on receipt of a notice from the income-tax officer that he proposes to make such an order, fails to make within three months of the receipt of s1,lch notice a further distribution of its profits and gains so that the total distribution made is not less than sixty per cent of the total income of the company of the relevant previous year as reduced by the amounts, if any, aforesaid - - - - - 24 '( 1) where any assessee sustains a loss of profits or gains in set off of any year under any of the heads mentioned in section 6, he shall be los, in comentitled to have the amount of the loss set off against his income," pu~n:profits or gains under any other head in that year: ga e - - - - - - (2a) notwithstanding anything contained in sub-section (1), where the loss sustained is a loss falling under the head "capital gains", such loss shall not be set off except against any profits and gains falling under that head (2b) where an assessee sustains a loss such as is referred to in sub-section (2a) and the loss cannot be wholly set off in accordance with the provisions of that sub-section, the portion not so set off shall be carried forward to the following year and set off against capital gains for that year, and if it cannot be so set off, the amount thereof not iio set off shall be carried forward to the following year and so on, so however, that no such loss shall be so carried forward for more than six years: provided that where the loss sustained in any previous year does not exceed fifteen thousand rupees, it shall not be carried forward a billfurther to amend the indian income-tax act, 1922, for the purpose of imposing a tax on capital gains and for certain other purposes and to prescribe the rate of super-tax on companies for the financial year 1957-58 the president has, in pursuance of clause (i) of article ii7 and clause (i) of article 274 of the constitution of india, recommended to the lok sabha, the introduction of the bill m n kaul, secretary (shri t t krishnamacha,i minister for finance) | Parliament_bills | 50f8b7b5-a0c3-544c-b78d-a92a5ca4dc64 |
bill no 10 of 2018 the constitution (amendment) bill, 2018 by shri asaduddin owaisi, mp a billfurther to amend the constitution of indiabe it enacted by parliament in the sixty-ninth year of the republic of india as follows:—1 (1) this act may be called the constitution (amendment) act, 2018short title and commencement(2) it shall come into force on such date as the central government may, by notification in the official gazette, appoint"(b) is, in the case of a seat in the council of states, not less than twenty-five years of age and, in the case of a seat in the house of the people, not less than twenty years of age; and"amendment of article 1733 in article 173 of the constitution, for clause (b), the following clause shall be substituted, namely:—"(b) is, in the case of a seat in the legislative assembly, not less than twenty years of age and, in the case of a seat in the legislative council, not less than twenty-two years of age; and"54 after article 329 of the constitution, the following article shall be inserted, namely:—insertion of new article 329a right to contest and vote"329a (1) save as otherwise provided in this constitution, no prerequisite or standard practice or procedure shall be imposed or applied to, discriminatorily or arbitrarily, deny or abridge the right of any citizen to contest or vote in any election held under this constitution10(2) nothing in this article shall be applicable to any reservation of seats or any provision made for special representation of certain classes under this constitutionexplanation— any requirement for a minimum educational qualification for contesting an election shall be deemed to be prohibited under this article" statement of objects and reasonsin 1989, the sixty-first amendment to the constitution of india lowered the voting age from twenty-one years to eighteen years to the house of the people and legislative assemblies of the states the reason was to include more number of adults and make the democratic process more inclusive inclusive democracy in the true sense would mean not only widening the voting net but also ensuring a more inclusive electoral contest a healthy democracy requires that the pool of contestants reflects the diversity of the electorate it has even been argued in a pil that was filed in the supreme court that articles 84 and 173 violate the fundamental right of citizens to choose a profession the public interest litigation (pil) was rejected on the ground that lowering the age of contesting required an amendment to the constitution, and the parliament, not the supreme court, had the authority to do itparliamentary democracy is part of the basic structure of this constitution an essential attribute of parliamentary democracy is free and fair elections the conduct of a free and fair election cannot be conducted when a major demographic group of citizenry is not eligible to contest in elections india's largest age group is currently prevented from contesting elections, this despite the fact that young individuals constitute 537 per cent of the total population of india according to the 2011 census in this light, it is essential that young citizens find a stake in parliamentary democracy and are able to articulate their aspirations and claims in the state legislatures and the parliamentmost democracies across the world have reduced the minimum age for contesting elections over the years to either eighteen years or twenty-one years for example, the minimum age to contest elections in the united kingdom (reduced from twenty-one in 2006), france, germany, australia is eighteen years in israel and indonesia it is twenty-one years in iran persons as young as twenty-one can even become the president of the country therefore, while young individuals across the world are enriching their democratic traditions, barring our youth from contesting in elections is regressive and exclusionary moreover, in order to strengthen the inclusiveness of our electoral democracy it is necessary that a constitutional protection against discriminatory practices in elections be incorporatedit has been observed that, increasingly, legislatures have made laws to incorporate school education as a prerequisite to contesting local elections similarly, it has been noted that under-trial citizens of this country are prevented from exercising their right to vote this despite the fact, that they are treated as innocent in the eyes of lawthe bill, therefore, seeks to amend the constitution with a view to prevent the dilution of the constitutional principles of equal citizenship and universal suffrage and to bar any discriminatory or arbitrary treatment in abridging the right to vote or contest in electionsthe bill seeks to achieve the above objectives 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 asaduddin owaisi, mp)gmgipmrnd—3628ls(s3)—19-01-2018 | Parliament_bills | 0f18a61e-90f3-5a39-83ca-73e659159086 |
bill no 31 of 2009 the compulsory voting bill, 2009 byshri jp agarwal, mpa billto provide for compulsory voting by the electorate in the country and for matters connected therewithbe it enacted by parliament in the sixtieth year of the republic of india as follows:— 1 (1) this act may be called the compulsory voting act, 2009 (2) it extends to the whole of indiashort title, extent and commencement(3) it shall come into force on such date as the central government may, by notification in the official gazette, appoint5compulsory voting2 it shall be compulsory for every voter who is eligible to vote at an election to exercise his right to vote when called for by the election commission:provided that a voter may be exempted from exercising his right to vote—10(a) if he is physically incapacitated from an illness of a serious nature and produces a medical certificate from a registered medical practitioner certifying such incapacity; or(b) if the election commission or such other authority as may be empowered by the election commission, on receipt of a request either before or after the poll, from the voter, is satisfied that there are genuine and bona fide grounds for such exemption3 the election commission shall ensure protection and safety of all citizens who come to polling booths to cast their votesprotection and safety for voters at polling booths4 the election commission shall send a list of names of all eligible voters, who have not cast their votes, to central government or the state government, as the case may besending of list of names of voters not casting their votes to the government5 5 (1) there shall be set up adequate number of polling booths at convenient locations, in every constituency of the house of the people or legislative assembly, as the case may beadequate number and spacing of polling booths(2) tshe polling booths shall be set up in such a way—(i) that number of voters in each booth shall be equal to the extent possible;10(ii) that the distance between one polling booth and another shall not exceed five hundred meters: provided that in hilly regions and desert areas polling booths may be set up according to geographical convenience and density of population6 there shall be made suitable arrangements enabling the persons deployed in connection with the polling duty to cast their votes15special arrangements for poll staff 7 there shall be made separate arrangement in every polling booth for senior citizens, physically challenged persons and pregnent women to enable them to cast their votesspecial arrangements for senior citizens, etc punishment8 any person, who fails to cast his vote shall be liable to—| ( | i | ) a fine of rupees five hundred, or ||----------------------------------|-----|---------------------------------------------------------------------------------|| ( | ii | ) two day's imprisonment, or || 20 | | || ( | iii | ) forfeiture of his ration card; || ( | iv | ) be rendered ineligible for contesting any election for a period of ten years || from the date of his conviction; | | || ( | v | ) be ineligible for allotment of a plot or a house in a government owned || organisation; | | || 25 | | || ( | vi | ) be ineligible to get loan of any kind from any financial institution owned by || the government; | | || ( | vii | ) be ineligible for entitlement to any welfare scheme announced by the || government from time to time: | | || 30 | | |provided that if such person is an employee of the union government or the state government or the union territory administration or any public sector undertaking owned or controlled by union government or the state government or the union territory administration, such person shall also be punished with—| ( | a | ) forfeiture of ten days' salary; and ||-----|-----|-------------------------------------------------|| ( | b | ) delay in promotion for a period of two years || 35 | | |incentive for voting9 any person who, despite his illness or physical incapacity has exercised his right to vote at an election or any person who has exercised his right to vote at all elections held during a period of fifteen years preceding the commencement of this act without any break shall be—(i) given preference in jobs in the services under the central government; and5(ii) given preference in admission to the institutions of higher educationpower to make rules10 (1) the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act10 15(2) every rule made under this act shall be laid, as soon as may be after it is made,before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both the houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule statement of objects and reasonsour country is the largest democracy in the world having population of more than a billion but it has been seen that only about thirty five to forty per cent of the eligible voters exercise their right to vote during almost all the elections in the country, it has been observed that the number of actual voters is far below the number of eligible voters therefore, the average voting is very low this type of electoral trend makes it clear to us that suitable steps are necessary to encourage the citizens to exercise their right to vote in order to elect their representative so that the results of the election show the will of all the electors and not just a segment of themin the last few elections, the problem of low voting percentage has become worse and the voting percentage has gone down even below thirty five per cent in many cases, citizens either deliberately avoided casting their votes or even boycotted elections therefore, the bill seeks to make voting compulsory for all the electors subject to certain restrictions so that the voting percentage in the country is increased however, the citizens who are either physically incapacitated or have bona fide reasons have been given exemption under the actsince voting is being made compulsory, punishment is also sought to be given to those who do not cast their votes at the same time, incentives are also proposed for those who do exercise their right to vote without break or in spite of illnesshence this billnew delhi;jp agarwaljune 17, 2009 financial memorandumclause 5 provides for setting up of adequate polling booths in every constituencyclauses 6 and 7 provide for special arrangements for persons deployed for poll duty and for special arrangements for senior citizens, physically challenged persons and pregnant women to enable them to cast their votes the bill, therefore, if enacted, will involve expenditure from the consolidated fund of india it is estimated that an annual recurring expenditure of about rupees eight crore is likely to be involveda non-recurring expenditure of about rupees fourteen crore is also likely to be involved memorandum regarding delegated legislationclause 10 of the bill empowers the central government to make rules for carrying out the purposes of this bill which will relate to matters of detail only the delegation of legislative power is, therefore, of a normal character———— a billto provide for compulsory voting by the electorate in the country and for matters connected therewith————(shri j p agarwal, mp)gmgipmrnd—2344ls(s-5)—29062009 | Parliament_bills | 5963a50a-9067-5c3e-8798-798682e2ec63 |
the citizenship (amendment) bill, 1957(as introduced in lok sabha) the citizenship (amendment) bill) 1957 (as introduced in lok sabra) a billto amend the citizensbip act, 1955 be it enacted by parliament in the eighth year of the republic of india as follows:-1 this act may be called the citizenship (amendment) act, short title 1957 57 of i95s s 2 in the first schedule to the citizenship act, 1955, under the am clme t heading "a the following commonwealth countries:-", after of ftrst n entry 8, the following entries shall be inserted, namely:-schedule "9 ghana 10 federation of malaya 10 11 singapore" statement of objects and reasons section 2 (1) (c) of the citizenship act, 1955, empowers the central government to declare, by notification in the official gazette, the citizenship or nationality law in relation to any country specified in the first schedule at the request of the government of that country where such a declaration is made, persons of full age and capacity who ere the citizens of that particular country may, subject to such conditions and restrictions as may be prescribed in this behalf, be registered as citizens of india under the provisions of section 5 (1) (e) of the citizenship act since the enactment of the citizenship act in 1955, ghana, the federation of ¥alay'l and singapore have become commonwealth countries in order to enable the gov~rnment of india to notify, on a reciprocal basis, the citizenship or nationality law of these countries as 6ild when it becomes necessary, it is proposed to amend the act to include these countries also in the first schedule g b pant nzwdelbi; the 5th december, 1957 extracts from the cmzenship act, 1955 (57 of 1955) - - - - - the first schedule[see 'sections 2(1) (b) and 5(1) (e)] a the following commonwealth co~tries:l united kingdom 2 canada 3 commonwealth of australia 4 new zealand 5 union of south mrica 6 pakistan 7 ceylon 8 federation of rhodesia and nyasaland b the republic of ireland explanation-in this schedule, "united kingdom" means the united kingdom of great britain and northern ireland, and includes the cmnnel islands, the isle of man and all colonies; and "commonwealth of australia" includes the territories of papua and the territory of norfolk island a bill to amend the citizenship act, 1955 (shrl go'dind bajlabh pant, minz"ster of homs affairs) | Parliament_bills | fc66e56d-599b-5a0d-8c9c-b577de3e11e6 |
bill no 37 of 1989 the terrorist and disruptive activities (preventioif) amendment bill, 1989 a billto amend the terrorist and di81'uptive activities (prevention) act, 1987 be it enacted by parliament in the fortieth year of the republic of india as follows:-5 1 this act may be called the terrorist and disruptive activities (prevention) amendment act, 1989 short title i in the terrorist and disruptive activities (prevention) act, 1987 in sub-section (4) of section i, for the words "two years", the words "four years" shall be substituted amend mentof section 1 of act 28 of 1987 statement of objects and reasonsthe terrorist and disruptive activities (prevention) act, 1987 was enacted in the background of escalation of terrorist activities in many parts of the country the life of the act is restricted to a period of two years from the date of its commencement which expires on the 23rd may, 1989 2 an assessment of the situation, in consultation with the governments of the states and union territories, has shown that it is necessary to continue the provisions of the said act for a further period of two years with a view to dealing effectively with the problem of terrorist violence and disruptive activities in the country hence this bill new delhi; the 17th april, 1989 buta singh section 9 of t\le terro~t an~ pisru:ptive activi:ties (frevention) act, 1987 provides for the constitution of designated courts by the central government or the state governments and also for appointment of judges and additional judges o~ those cou~ section 13 of the ~d act provides for appointment of public prosecutors, additional public pr~i~tors ~d ~~~ public prosecq~~rs by th~ c~~ qpvatrnment or ~e s~t~ aov~en~, 8& the ~ ~y be 2 the expenditure towards the setting up of ~signat~ cowts by the state governments uad towards salaries and allowances of the judge, public ~tors and staff of such courts will be defrayed ·out of the consolidated funds of the states the expenditure towards setting up ot ~~a~~ co~ qy u\e c~~r~ qovemm~t ~ ~y fa~te q~ unioa t~tpry (pther thlul :po~d,icherq') wm ~ met out 01 th,e ~~teci fund of india since the provisions of the ~d act ar~ beij:lg eztendecl for a further period of two years with effect from ~e 24th day, c?f may 1989 the likely expenditure on each designated court and on the salaries and anowan~ of the ju~es ~blic prosecut~, a~ditional :rublic prosecutors, std, ete, over a period of six months is expected to be about ~ 7 lakhs out ot ~~ch ~ ~5 ~~s ~~l be of a r~~, nature and rs 35 l~ of a p~~-r~g n~~e as it is n~t po~lple ilt tb,~ ~tjge to visualise the number of such courts that mfy ~ye ~ ~ ~~~whed it is, therefore not possible to give an estimate of actual expenditure that ul'ty,:q1le to, ~einc~ in tbta ~ (prevention) acr, 1987 extract from the tl:rborist and dxsruptive activltim (28 of 1987), 1 (1) - - - - - (4) it shall remain in fql'ce for a period of two years from the 24th day of may, 1987, but its expiry under the operation of this sub-section shall not affect-short title, extent, application, commencement, duration and savings (4) the previous operation of, or anything duly done or suffered under, this act or any rule made thereun~ or any order made under any such rule, or (b) any right, privilege, obligation or uabuity acquired, accrued or incurred under this act or any rule made thereunder or bny order made under any such rule, or (c) any penalty, forfeiture or punishment incurred in respect of any offence under this act or any contravention of any rule made under this act or of any order made under any such rule, or (d) any investigation, legal proceeding or remedy in respect of any such right, privilege, ob:ijgation, liability, penalty, forfeiture or , punishment as aforesaid, and any such investigation, legal proceeding or remedy maybe instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed as if this act had not expired a billto amend the terrorist and disruptive activities (pjevention) act, 1987 rsh,i bt&ta singh; minister of home affairs) | Parliament_bills | 1d9ffaea-0364-5236-86fd-eb04a229e186 |
bid no ·m of 1j89 - tlie appropri4\tion (rallways) no3 bul, 1 a billto authorise payment and apptop7"iation of certain jun_ aumb trom and out of the consolidtated fund of imlia for the etvices 6f the financial year 1988-89 for ~e purposes of railwoy8 be it enacted by parliament in the fortieth year 01 the flepublic of india as follows:-] this act may be called the appropriation (railways) no 2 act, short 1989 title s 2 from and out of the consolidated fund of india there may be paid and applied sums not exceeding those specified in column 3 of the schedule amounting in the aggregate to the sum of olle hundred and sev~nty-six crores, seventy-three !akhs and sixty-six thousand rupees towards defraying the several charges which will come in course ot pay-10 ment during the financial year 1988-89, in respect of the services relating to railways specified in column 2 of the schedule issue of rs 176,73, 66,000 out of the consolidated funci of india for the flnancial year 1988-89 3 the sums authorised to be paid and applied from and out of the appro-consolidated fund of india by this act shall be appropriated for the p'rjation services and purposes expressed in the schedule in relation to the said is year 2 3 - -,---------------------------5 total ri 8,53,68,000 10 no sums dot exceeciidi or services add purj)0se5 vote! voted by \ cliaried od the parliamer:t olils01idated fund __ 1--------------------1----------1' 1 rs ri i 4 repairs and maioten1nce or 1 permanent way and works i 8~92000 i 76,000 98,09,000 7 repain and maintenance of i i i plant a nd equipment 8\ operatina expena-rolling i stock and equipment : 98,09,000 19,02,00,000 15 1,82,000 9 \ operatiaa expelllc!o-traffic 1 19,00,18,000 i 30,8351,000 1,15000 10 i opcorating bxpeases-fucl i 57877,000 12 miscellaneous workid, expclllos i 3082,36,000 i 5,78,71fx» i 80,34,29,000 80,34,29,000 13 providedt fudd pelllion and i other retirement benefits i i, 20 i i 16 ajltq-ac:quiaitiod construction i' awl r,cpiacomi:dt-i otjaer bxpendlture ! capital railway fundt 58,17,000 i 1,00,000 j7,17,000 i i 30,64,18,000 , 30,64,18,000 \,----1-1 ----il---total 17513,70,000 \ isg96,ooo 11671,66,000 2s i 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 ce~tral government on railways for the financial year 198'8-8q madhavrao scindia president's recommendation under article 117 of the constitutio~ of india[copy of letter no 89-b-402, dated 'the 14th march, 1989 from shri madhavrao scindia, minister of state for railways to the secretary-general, lok sabha] the president, having been informed of the subject matter of the proposed appropriation bill to authorise payment and appropriation of certain further sums from and out of the consolidated fund of india for the services of the financial year 1988-89 for the purposes of railways, reo commends under claus<;:s (1) and (3) of article 117 of the constitution of india read with clause (2) of article 115 thereof, the introduction in and consideration by lok sabha of the appropriation bill billto authoris~ payment and appropriation of certain further s\luls from all(l out of the consolidated fund of india for the services of the financial year 11-80 for the purposes ot railway • ,--(shri madhavrao scindio, minister of state for railways) | Parliament_bills | 8425e9c8-1b71-51cc-b9c6-78c4d9a1129f |
bill no 275 of 2016 the constitution (amendment) bill, 2016 by shri kunwar pushpendra singh chandel, mp a billfurther to amend the constitution of indiabe it enacted by parliament in the sixty-seventh year of the republic of india as follows:—2 after article 371-j of the constitution, the following article shall be inserted, namely:—insertion of new article 371-k"371-k (1) notwithstanding anything contained in the constitution, the president may, by order made with respect to the state of uttar pradesh or the state of madhya pradesh, provide for any special responsibility of the governor for—5(a) protection of ownership of land and property of the domiciles of bundelkhand region;special provisions in respect of uttar pradesh and madhya pradesh(b) entrustment of the right to sell and purchase land only to the domiciles of bundelkhand region:10provided that in case of residents of other states and in case of married women, the right to sell and purchase land may be undertaken by way of lease for a period of twenty-one years:provided further that the domicile of a particular district of bundelkhand region shall not be eligible to purchase land in other districts of bundelkhand region15(2) no act of parliament in respect of social practices of the people belonging to bundelkhand region shall apply to the state of uttar pradesh or the state of madhya pradesh unless the legislative assembly of uttar pradesh or madhya pradesh by a resolution, so decidesexplanation—in this article, the expressions—20(a) "bundelkhand" means districts of hamirpur, banda, jalaun, jhansi, chitrakoot and lalitpur of the state of uttar pradesh and tikamgarh, panna, khajuraho, sagar, damoh, chhatarpur and datiya districts of the state of madhya pradesh; and(b) "domicile of bundelkhand" means such person who on or before 1940 have been ordinarily residents of the bundelkhand region and includes progeny of such persons25 statement of objects and reasonsvindhyachal or bundelkhand region is very ancient area of human inhabitation even today the most ancient evidence of human life in india are found here it is very surprising that the very area where the early inhabitants of india had set up their ancient accommodation is today witnessing high rate of elopement however, on the contrary, by taking advantage of the poverty and various types of compulsions and difficulties of the residents of the area, the practice of resourceful people from outside the bundelkhand region to acquire land and property using money power is on the rise this has made significant changes with regard to land-ownership in the bundelkhand region as a result of these changing circumstances, the residents of bundelkhand region are feeling cheated at the turn of eventsmigration is on the rise due to loss of land-ownership and it is posing a serious threat to the culture and language of the bundelkhand region as a result of which the danger of losing the special identity of this society is looming large before them in addition, the region has got some unique social practices and there is an urgent need to protect and preserve the said practices therefore, the development of bundelkhand region is required to be carried out in conformity with the regional recognitions so that there will not be any outrage among the people and the culture, language and the special social practices of bundelkhand region are protected as other states have been provided with special provision under the constitution, there is a need to include a special provision for bundelkhand region in the constitution for the welfare of the domiciles of bundelkhand regionhence this billnew delhi;kunwar pushpendra singh chandeloctober 10, 2016 lok sabha———— a billfurther to amend the constitution of india————(shri kunwar pushpendra singh chandel, mp)gmgipmrnd—2928ls(s4)—18-11-2016 | Parliament_bills | 3c818dc7-a173-5a8c-bfa2-822277ba8fc9 |
10k s,~ha corhi gendill'itotel afprofri;~tlon (vote on accotjnt) b1ll7 19801 'page b, against vote no70, in column 2? under the 118adliservi ces and purpo se s 11?_for 11fetilizersll read "fe r t lil zers 11new de:liu" ?bill no 41 of 1880 the appropriation (vote on account) bill, 1980 a billto provine fott' the withdrawal of certain sums from and out of the con~()lidated fund of india 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 indin as follows:-short title 1 this act may be called the appropriation (vote on account) act, 1980 s 2 j4'rl)m and out of the consolidated fund of india there may be withdrawn sums not exceeding those specified in column 3 of the schedule amounting in the aggregate to the sum of eighteen thousand and te::l crl)1"cs, ninety-six lakhs and nine thousand mpees towards defraying the several charges which will come in course of payment dur-0 ins the ftnancial year 1980-81 withdrewalof rd 180 10,98, 09,000 from and out of the con-101idatecl fund of india lor the ftnaftcial"'r \980-81 appropriation 3 the sums authorised to be withdrawn from and out of the consolidrted fund by this act shall be appropriated for the services and purposes expressed ~n ~ schedul(t in r(tlatiqil to the said year t references to ministries or departments in the schedule are to such ministries or departments as existing immediately before the 1st malch, 198() and shall, on or after that date, be construed as references to the appropriate ministries or departments as reconstituted from time to time construction of ref ences to ministries and departments in the schedule i ri ro rs 1,17,56,000 de-partme:lt of o\griculture !lod co-oocration rrvcnuc agriculture ~ rc\'l'nue 24,82,92,000 i 153,6'1,gg,000 299l1u,23o00 capital 10 6,5~,35·(1ol 3 6,16,65,000 6, 1/j6}, (,0" i 40,05,15,000 4-a'lim ii hu,ulnury and dairy d;:vdopmt"1i t revenue 7,000 j5 6,(u 30,000 6,18,97,000 capital 4,311,18,000 4,ss,18,000 forest r~venlle c'apital cooperd1ioo fi !~evcnue 1 i ,115,('9,000 1,11657,000 capital 20 ao5,~6,60,000 7 deptrtlllrn i of food revenu(' 15,t4,6g,ooo 17,00,000 capital 6,60,000 6,60,000 8 deplrtment of agriculturai rcjr<lrch and education reven ue 25 9 paymenntolndian council of agricultural research rf'venue 11,35,93,000 11,35,93,000 10 department of irrigation r('vc:-j1ue 10,44,118,000 1,93,61,000 clpital 30 72,81,000 71,81,000 ii mirlistry of commel'ct' and civil supplies • , revenue liz foreiljft<!fradl! and export pro:luction revenue 21,73,66,000 21,73,66,000 capital 2,94,20,000 re\'~nlle 13 i civil supphes - 3s i ,79,08,000 capital i su1ftl not ejrceediac no m of "vote servicpl and purposrs voted by parliament como,ldated i ntaj fund ra i,,::' ri 16 pons and telegraph_work-inl ex,_ -:jl~nue 116449,51 ,000 16,000 1is""ooo 17 polt~pho:-divi dend to general revenues, appropriation~ to - -a-rvl' f_d1 and repaymeat of lo-ml ko'll general r'~\'enues revmll~ 79,l! ,94,()()() 7,,81,9-4,000 18· capitaloutlayon pc ud tel graphs capital 14/l511 ,i) i ,1100 jj,ooo 1a,53,~4,000 i, 19 ministry oc dt-f"n (' rcvc:nue -jo,02,j!),ooo 10 ,011,15000 c1;lilal 31,30 ,93,(100 60, b,ooo 3191,3' ,000 ~ dqen<:e scrvic<""- rmy rl'vcnue i 718,70 • 'jf,000 r,41,ooo ,-t8,8,950<1o 768815000 50,000 7688,65000 ao • ilil _ 'ddeacreierviet:$- -air4llerce-aiut' &,,,,66000 ",800' 1187581; ,noo ·"'3· dl-m- ~·ice-p"flllians '~"nue o,~,33()(j(· 17oco i 67,08,51',,010 111 dd'enet: s~'rvic("::-~avy rcvt'nue ! lc~" c"pital 8'8 0~,000 ~o,oo,ooo 88,04,011,000 ii!i ca~! oltlay on defence i i 25 dep-ai'tmen! of e:iocalion rrv~nue 8123010 81,111000 25 ~6 education r ·e,\i~ 75311,00,000 7s,311,oo,ooo 3,93,,15,000 39345000 capital 1 1,7'l,h,ooo 1031,66000 ~1!l'3000 , 111 deparlme, ( of cllltu~e revelue ! 118 arclaec)logy re'enue 2,1i9,33,0i)(} 1i129,ss000 ;jiit mitlistry of energ} " 'revenuf' ,,,~,'i,ooo 2' i88, 7' ,000 30 c"pi!al 16~mii,68poo "1~' ·m,4&oao 30 mwislry of e'tterllal affair reven~ 45,8882,000 8,000 45,88,90,000 ('apit<ll 6,45711,000 6~5,711,ooo , midittry of finance rc,e!lu~ '5 '7,83()()(j ijooo t 5' 7gfi,ooo q,oital: · • ',13000 47,1,,000 35 511 cuiiorns rcenue 16,36(';000 ew- i -r oj6~';ot,ooo capital i 208",,000 1i,j08,'3,ooo i 33 uni4>n exci'ic duties re,'ellle 1105333,000 1,18,000 1101645',000 34 t~ on income ~'tate ~tax~ 1\x - revea;1: 21,79,60,000 80000 111,80,40,000 sii stalbps re el~f! 69340,000 693>40000 capi!ai 31,14,000 51 •• 4000 i and famiy wcllfare - rewelue ,o,6:z ,ooe \ '\ -0,68 ,000 4;1-mciiraf :lnd publ;c hdlth rejc,liu: $ ~5()()() ~' •• i7t8t1>41fooo ,capital 3,00,000 i 244d86,000 i \ uti,,8(iooo i ~~~ family welfille - ~ue '! "ji",ooo 30 ~ minis~ of l-lj;lme affairs ilevj:qi;ci i' , cabinet re cnue departelon t nr perioiiu' ldd mminillrati", ·, omi - 3,37 70,000 ,~67wzooo 1 i j~t70()0 , t , ~wooo i i ff~_1 ""'6apitaj 36,66,000 ~ 16,66000 | | qwital ||---------------|-----------|| ~"", | ~ooo || i | || ,1t1'~7,ooo1 | || | aai,if || - | revenue || ,,<>o | || ~ | || 64740 | || 000 | || i | || capital | || "'~ | || 3783~ | || :l9js-,rooo | || 106, | || ,000 | || ;;-"'''mfi | || ~ | || :15,,,000 | , || 56,s'a6iooo | || 56,6,000 | || 3s~j,50,ooo | || ,,~ooo | || i | || '~ooo | |vote} by i clll&rmj on the tolal pllrli:lidclt con, dated ! ri a 1 ra s anc:laman and nicobar hladdt revenu~ 10,20,68,000 1,000 10,llo,71,ooo capital 6,59,25000 6059,85,000 ~ 55 dwa and nasar haveli revenue i,oi,llliooo 1,01,112,000 10 i upital l,qo,gl,ooo 1209 i ,000 !i6 labhadweep revenur· 2,18,47,000 2,1847,000 capital 59,78,000 5!to78,ooo 57 minitry or indualry revenue 1a7,91ooo 1,q7,91,ooo 58 industries revenu, 1· 43048,000 1'41048,000 is capital 8gs164,00<> bg,gl4000 59 vil!:f and small in ultrhs - revenue 91439,00'1 s,oooo,ooo 1 +>8{ u,oo<l capital 7t,33,ooo i,j1jj,ooo 2,040 ,000 60 textiles, handloom and handicrafts revenu~ 37,05:10,000 37,0520,000 20 capital 1l0,59,4 7 ,000 j,jl,66,ooo 24011 ,13,000 61 minitry of information and ibroadcasting revenue 3510,000 55,10,000 611 information and publicity revenu 8,09,87,000 8,og,87000 capital 36,82,000 16,&,000 25 fiji broadeas ting revenue 26,03,29,000 ,6°3,29,000 capital 5,46,79,000 i ;, 4679,000 64 ministry of labour revenue 3363,000 3363000 65 labour and employmrnt revenue iii ,04!l6,ooo ii 1004,540000 8,0>10 ! capital ~5,000 5olz50000 !fo 6ti ministry or law, j uatice and company main revenue 9,20,22,000 9qoiiq,ooo capital saooo s30000 67 ~niltrtion or j ullice - revenue 16,07,000 u~6s'ooo 500711,000 ~ , or peu<>1<um, revenue 35 0hemica1t' iiidcl fertilizers 41,119000<> 41,8g,ooo it petroleum and p~trd< revenue o~ cht'idieala i ndultries ~040000 1··, ; "~i< ')0, ," 0 capital 311,04,51;000 j; sil,040''ooo , dhemiealint petlliaen \'_1-'<, -to laduatriel , reve~ue iiqa7&jo~ 1~178,jo,ooo i capi~a1 i i io~osooo iiolls,osooo 71 1 miniltry 01 pjp,ding revenue r • ~ 'i ' 30,000 72' 1 l-slalilties revellue ~'-,59,ooo 5>49,59000 nl plauniq commillioa lleveawe j,6im,goo 4~4s , ----------------no of vole suidi dot t"xceocliaa _ ·-------·-t voted by charged on total parliamen t the consoli-s dated fund lb lb ri 1 4o,oo,o!l,000 7 miniltryof rural ree<n-«ruction - reveaue 140,00,00000 capital 28,32,23000 10 75 minitry of shipping (1110 traaspart revenur 1,35,58,000 4,000 13554000 revenue 8,000 3839057,000 3339049000 capital 3:lr ,00,000 3818,'13000 revenlle 77 ports lighthouio and shipping 27,9763,000 rooo is capital 70,12,611,000 6945,5 i ,ooo revenue 78 road alld inland watrr tr81uport capital 13,84,41,000 '3,58,48,000 18,62040,000 18,62040,000 79 minitry 01 svciaj welfare revrnue 20 31,00,000 capital 3',00,000 5,4593,000 5 5,y3,ooo 80 department of steel capital· 130,,00,000 r,46,oo,oo") '312,1212,00,000 r,~,oo" 21,512,77,000 21,51,71,000 81 department 01 mines revenue 116,34,30 ,000 capital 262 1,00,000 37,46,58,000 37,46,58,000 biz department of coal - revenue 1,8,52 ,63,000 capital 17852,63000 ~qo,ooo 9,90,000 83j)toparldlcnt of supply revenue 3,11,49,000 3,11,48,000 st· ·8upp1icl and dispolala revenue lis department of rrbabilit tit'n revenue capital ' 110055,000 qo,55000 86 minitry 01 tourism and civil aviation revenue 586,46,000 revcnuf' 586,46•000 ii, ']62400n 2,76,1140 0() capital ,000 '''o,ii,oil,ood reovmlue 88 aviation 14·,7,·,171)('0 c!\pital -,ll i 6g,~9,too , ,iiq,u!),ooo rf"vriiue 89 touri!lll 15' ,,1:1,000 """', gipital 51,1--1,000 revc!lue f go ministry of woiks linrt i h ousillg rcvenur 38,or,-tb,ooo 91 i puhlic work! _ 5,oo,(j)o ("apital '1,7,\95000 2,5 1,580(00 i ~ooo r • it r • 9ik! w, 8" 1100 smerall!llt"_ ' nf~)! ,6to,ooo ik~, i lopment revi':due 74696,000 f29,61,ooo 7,75",000 ope 17~ 1,78-'1 , 764s,ooo 10 9t1 ~ printin_ r,· is;~ j,coo i 5tiit11e> 95, ldoar '·or ,atomic t enft"1iy reyfmue iior4o00 , io,84,ooo , is ~pmmt and induslrial~" -a~_ n si,oo,4!1,ooo capital :i~'" g6~ a ic--v reasrdi,, : :=t 97 i nucleal'lpowt-r sch~ rc:'~n'le 196486,000 ' 19,&,86,000 ! capital 19,62,7i ,oilo 19,62, ,,0(10 g8 ~ drparll1lf'n t of fl~tnnic~ 20 capital 11,16,00,000 i,16,~,ooo r!'\·rn·jr :i,7ft,oo,oo" ~j, 7~~,' to,(~jfl ~,,_0ilii 9"1i'jsiooo ~"roo 9,56,05000 re¥_", 191~;eoo , iq,166t,oon 14~1 llt""vl"llue i,1517,ooo rt'v'!t1uf' '73,ns,ooo 28,000 7'1:isooo statement of objects and reasonsthis bill is introduced in pursuance of article 114(1) of the constitution of india, read with article 116 thereof, to ?rovide for the appropriation from and out of the consolidated fund of india of the moneys required to meet the expenditure charged on the consolidated fund anti the- grants made in advance by the lok sabha in respect of the e~timate(l expenditure of the central government, excluding railways, for a p~l"t of the financial year 1980-81 r venkataraman president's recommendation under article 117 of the constitution of india[copy of, letter no f 2 (24) -b (d) 180, dated the 11th march, 1980 from s;'ri r venkataraman, mjnister of finance to the secretary, lok sabha] th<> president, having been informed of the subject matter of the prl)posed bill to authorise payment and rppropriation of certain sums from and ::jut of the consolidated fund of india for the services of a part o{ the flrtancial year 1980-'31, reommends the introduction of the appropriation (vote on account) bill, 1980 in the lok sabha and also recommeonds to the lok sabha the consideration of the bill under article 117(1) and (3) of the constit'ution of india read with article 116(2) thereof 2 the bill will be introduced in lok sabha immediately after the demands for in'ants, 'on account' for expenditure of the central government (excluding railways) for the year 1980-81 have been voted a billf 0 provide for the withdrawal of certain sums from and out of the col\~<)lidated fund of india for the services of a part of the financjal :vear 1980-81 (shri r venkataraman, minister of ffnance) - i | Parliament_bills | 63bff091-5b58-5bcf-bedf-3018e804990b |
bill no 308 of 2016 the representation of the people (amendment) bill, 2016 by shri feroze varun gandhi, mp a 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:—short title and commencement1 (1) this act may be called the representation of the people (amendment)act, 20165(2) it shall come into force on such date as the central government may, by notification in the official gazette, appointinterpretation43 of 19512 in section 2 of the representation of the people act, 1951 (hereinafter referred to as the principal act), in sub-section (1),—(a) after clause (bb), the following clause shall be inserted, namely:—10'(bc) "constituency" means the parliamentary constituency or theassembly constituency, as the case may be;"; (b) after clause (e), the following clause shall be inserted:—"(ea) "member" in reference to part vb means member of the house of the people or the legislative assembly of a state, as the case may be;';(c) after clause (h), the following clause shall be inserted:—'(ha) "recall petition" means a petition calling for vacation of seat of a member of parliament of the house of the people or the legislative assembly of a state, as the case may be;'; and5(d) after clause (i), the following clause shall be inserted:—'(ia) "speaker" means the speaker of the house of the people or the legislative assembly of a state, as the case may be;', andinsertion of new part vb3 after part va of the principal act, the following part and sections thereunder shall be inserted, namely:—10 "part vb recall of representativesinitiation of the recall process for a member1578c (1) any elector of a particular constituency, may, if not satisfied with the performance of elected member of that constituency, file a recall petition, signed by not less than one-fourth of the total number of electors of that constituency, with the speaker in such manner as may be prescribed(2) subject to the provisions of sub-section (1), no process of recall of a member shall be initiated—(i) within a period of two years from the date of election of that member; or (ii) if that member was elected in a bye-election and one-half of the periodof tenure of such member has not expired; or20(iii) before the expiry of a period of six months from the date of submissionof an earlier recall petition; or25(iv) within a period of six months prior to the polling day for the next general election for the purpose of constituting a new house of the people or a new state legislative assembly, as the case may be; or(v) if that member is already subject to a recall petition process30explanation—for the purpose of this section, the expression "member is already subject to a recall petition process" means the period beginning with the reference of the recall petition by the speaker to the election commission and ending with the notification by the speaker of the outcome of the petitionverification of signatures in recall petition78d (1) the speaker shall, as soon as possible, after confirming the genuineness of the recall petition filed under section 78c refer the recall petition to the election commission for verification and signing by electors of the constituency from where the member whose recall petition has been filed got elected3540explanation—for the purpose of this section, it is clarified that the speaker shall not entail a review of the merit of the recall petition or decide as to whether that member should be recalled but shall instead limit his review to decide whether the petition has been filed by an eligible person, whether it bears the requisite number of signatures and whether it sets out in detail reasons for recall of the member and that the recall petition is not prima facie frivolous(2) the election commission shall, on receipt of recall petition from the speaker, initiate the verification process for authentication of the signatures on the recall petition in such manner as may be prescribed:45provided that the verification process for authentication of signatures shall be completed within a period of ninety days from the date of receipt of the recall petition from the speaker78e (1) the election commission shall, if safisfied about the genuineness of signatures on the recall petition, designate one of its officials to be chief petition officer in relation to that recall petitionchief petition officer and other employees(2) the chief petition officer shall be responsible for the conduct of the recall petition5(3) the election commission shall provide the chief petition officer such number of employees and funds as may be necessary for the conduct of recall petition78f (1) the chief petition officer shall, within ten days of the receipt of recall petition, specify—procedure for signing recall petition10(a) a place or places where the recall petition shall be made available forsigning by the electors; and(b) the days on which the recall petition shall be made available for signingto the electors:provided that the chief petition officer shall not specify more than ten places within the constituency for signing the recall petition:15provided further that, in extraordinary circumstances, the chief petition officer may specify more than ten places within the constituency for signing the recall petition after presenting in writing detailed reasons thereof to the election commission and the speaker:20provided also that in specifying the number of places where the recallpetition shall be made available, due consideration shall be given to the size and population of the constituency in respect of whose member, the recall petition has been filed25(2) the chief petition officer, while specifying the place or places under clause (a) of sub-section (1), shall ensure that—(a) all electors entitled to sign the recall petition have such reasonable facilities for signing it as are practicable in the circumstances; and(b) as far as practicable, every place where the recall petition is made available for signing is accessible to persons with disabilities3078g (1) the chief petition officer shall, within a period of ten days after specifyingthe places and the days under sub-section (1) of section 78f,—notice of signing on the petition(a) issue a public notice containing details of the designated places anddays on which every elector eligible to vote in the constituency may sign on recall petition;35(b) cause such notice to be printed in all the leading newspapers circulatedin the constituency; and(c) cause such notice to be put up on the notice board of all the courts,government offices and institutions in the constituency4078h every elector of the constituency, in respect of whose member the recallpetition has been filed, shall be eligible to sign the recall petitionpersons eligible to sign recall petition78i (1) every recall petition shall be signed by means of electronic voting machinesmanner of signing the recall petition(2) for the purposes of this act, every voting on recall petition by electronic voting machines shall be deemed to be a signature of an elector on the recall petition4578j (1) the chief petition officer shall, within a period of not more than fifteen days after the end of the signing period, cause the signatures to be counted and forward the result of counting to the speakercounting of signatures and declaration of result(2) a recall petition of a member shall be deemed to be a successful recall petition for the purposes of this act, if it is signed under section 781 by electors whose number is not less than three-fourth of the member of valid votes which that member was polled in his election5(3) the speaker shall, within twenty-four hours of the receipt of the result of counting under sub-section (2), notify the result to the general public in such manner as may be prescribedvacation of seat upon recall1078k the member, in respect of whom the recall petition was filed, upon notificationof the successful recall petition under sub-section (3) of section 78j, shall be deemed to have vacated his seat in the house of the people or legislative assembly of a state, as the case may beconduct of abye-election1578l when as a result of a successful recall petition, a seat in the house of thepeople or the legislative assembly of a state, as the case may be, is duly vacated under section 78k, the election commission shall cause a bye-election to be held to fill the vacant seat in such manner as may be prescribedpenalties78m whoever,—(a) tampers with or forges any of the signatures including on the initial recall petition submitted to the speaker; or(b) signs the same recall petition more than once; or20(c) either directly or through an agent, gives bribe by way of gift, offer orpromise any gratification to any person with a view to directly or indirectly induce such person to sign or refrain from signing a recall petition; or25(d) receives, either directly or through an agent, by way of gift, offer or promise any gratification, either himself or through an agent , from any person in respect for signing or refraining from signing a recall petition, shall be punishable with imprisonment for a term which may extend upto five years or with a fine which may extend upto rupees ten lakh or with both explanation—for the purposes of this section the term "gratification" shall not be restricted to pecuniary gratifications or gratifications estimable in money and shall include all forms of entertainment and all forms of employment for reward"30 statement of objects and reasonstrue democracy envisages a government that is of the people, for the people and by the people unfortunately oftentimes, in a first past the post system not every elected representative truly enjoys the mandate of the people logic and justice necessitate that if the people have the power to elect their representatives, they should also have the power to remove these representatives when they engage in misdeeds or fail to fulfil their dutiesat present there exists no recourse to the electorate if they are unhappy with their elected representative the representation of the people act, 1951 only provides for vacation of office upon the commission of certain offences and does not account for general incompetence of the representatives or dissatisfaction of the electorate as a ground for vacationcountries all over the world have experimented with the concept of right to recallthe system exists at the state level in many states of the united states and at the cantonal level in switzerland as well as at the national level in venezuela in india too attempts have been made at the local level to incorporate recall provisions in the cases of mayors, sarpanchs and other local government officials in certain stateswhereas it is necessary to ensure that a recall process is not frivolous and does not became a source of harassment to elected representatives by preventing them from exercising their duties, the process for recall has several safeguards incorporated in it such as an initial recall petition to kick start the process and electronic based voting to finally decide its outcomethe bill provides for verification of signatures and first review by the speaker of the concerned house furthermore, to ensure that a representative cannot be recalled by a small margin of voters and that the recall procedure truly represents the mandate of the people, the threshold for success of a recall petition is accordingly high to ensure transparency and independence, chief petition officers from within the election commission have been designated to supervise and execute the process furthermore, the bill, recognizing the potential for abuse of certain provisions has accordingly provided more than adequate punishment for such abusesa free and fair election is right of the citizens of the country and in the event that their elected representatives no longer enjoy the confidence of the people, the people must have a right to remove them it is on this edifice of accountability of politicians that the true idea of democracy can be achievedhence this bill november 3, 2016 financial memorandumclause 3 of the bill vide proposed section 78e(3) provides that election commission shall provide the chief petition officer with such number of employees and funds as may be necessary for the conduct of recall petition the bill, therefore, if enacted, would involve expenditure from the consolidated fund of india as the expenditure to be incurred would depend upon the number of recall petitions filed, it is not possible at this stage to give the exact amount of recurring expenditure which would be involved out of the consolidated fund of indiano non-recurring expenditure is also likely to be involved memorandum regarding delegated legislationclause 3 of the bill vide proposed section 78c provides that any elector may file a recall petition with the speaker in such manner as may be prescribed the proposed section 78d empowers the election commission to initiate verification process for authentication of signatures on the recall petition in such manner as may be prescribed the proposed section 78j empowers the speaker to notify the result of counting of signatures on recall petition within 24 hours of the receipt of result in such manner as may be prescribed the proposed section 78k empowers the election commission to hold a bye-election to fill the vacant seat on a successful recall petition in such manner as may be prescribed as the rules with relate to matters of detail only, the delegation of legislative power is of a normal character annexure extracts from the representation of people act, 1951 (43 of 1951)interpretation2 (1) in this act, unless the context otherwise requires,—(bb) "chief electoral officer" means the officer appointed under section 13a of the representation of the people act, 1950 (43 of 1950);(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);(h) "public holiday" means any day which is a public holiday for the purposes of section 25 of the negotiable instruments act, 1881 (26 of 1881); lok sabha———— a billfurther to amend the representation of the people act, 1951————(shri feroze varun gandhi, mp)gmgipmrnd—3407ls(s3)—30-11-2016 | Parliament_bills | 4c5386d0-6008-5d7b-925c-5d77a37c9005 |
bill no lxxiii of 2016 the surrogate advertisements (prohibition) bill, 2016 a billto prohibit surrogate advertisements and for matters connected therewith or incidental theretobe it enacted by parliament in the sixty-seventh year of the republic of india as follows:—1 (1) this act may be called the surrogate advertisements (prohibition) act, 2016short title and extent(2) it extends to the whole of indiadefinitions52 (1) in this act, unless the context otherwise requires,—(a) "advertisement" includes any pamphlet, writing, drawing, painting, photograph, bill, circular, notice, label, poster, hoarding, banner or other documents and also includes any visible representation made through radio, television, cassettes or slides by means of any light, sound, smoke or gas and publication in print media such as newspapers, magazines, souvenirs and books;(b) " appropriate government" means in the case of a state, the government of that state and in all other cases, the central government;(c) "prescribed" means prescribed by rules made under this act; and5(d) "surrogate advertisement" means an advertisement which shows a substitute product in the guise of the real one which otherwise cannot be legally advertised through the print and electronic media37 of 1952 7 of 1995(2) words and expressions used but not defined in this act but defined in the cinematograph act, 1952 and the cable television networks (regulation) act, 1995 shall have the same meanings respectively assigned to them in those acts103 no person shall publish or telecast or cause to be publised or telecast or arrange totake part in the publication or telecast of surrogate advertisementprohibition to publish ortelecastsurrogate advertisements4 the appropriate government shall designate such agencies as it may considerappropriate for effective implementation of the provisions of this actappropriate govt to designate agencies to implement penalty155 whoever contravenes the provisions of this act shall be punished with imprisonmentfor a term which shall not be less than three years but which may extend upto ten years and with fine which shall not be less than three lakh rupees but which may extend upto ten lakh rupees20offences by companies, firms and other associations6 where an offence under this act has been committed by a company,firm or otherassociation of individuals, every person who, at the time the offence was committed, was incharge of, and was responsible to the company, firm or association for the conduct of the business of the company, firm or association, as the case may be, shall be deemed to be guilty and shall be liable to be proceeded against and punished accordingly7 the provision of this act shall be in addition to and not in derogation of any otherlaw for the time being in force regulating any of the matters dealt with in this actact not in derogation of other laws258 (1) for the removal of doubts, it is hereby declared that the provisions of this actshall not apply to advertisements which are aimed at educating the general public or aparticular group, in the public interest act not to apply to certain advertisements30(2) for the purpose of deciding whether an advertisement is aimed at educating generalpublic or a particular group, the central government shall designate such number of officers, not below the rank of joint secretary, as it may deem fitpower to make rules9 (1) the central government may be notification in the official gazette, make rulesfor carrying out the purpose of this act35 40(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 there after have effect only in such modified form or be of no effect, as the case may be; 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 government of india has banned product advertising for liquor and cigarette companies under the cable television network (regulation) act, 1995 rule 7 of the cable television rules, 1994 also prohibits any direct or indirect promotion of such items in the public domain section 6 of chapter iii of advertising standard council of india (asci) code had also laid down certain basic guidelines prohibiting surrogate advertising section 2(1) (r) of the consumer protection act 1986 gives a comprehensive definition of unfair trade practices section 5 of the cigarettes and other tobacco products (prohibition of advertisement and regulation of trade and commerce, production, supply and distribution) act, 2003 (copta) prohibits promotion of brand of all tobacco products in all forms of audio, visual and print media article 13 of the world health organisation framework convention on tobacco control 2005 bans advertising, promotion and sponsorship of tobacco however, manufacturers of liquor, cigarette, tobacco and other harmful products injurious to health still promote their products through surrogate advertisement surrogate advertisements are not only misleading, but also false and dishonest in many casesthe proposed bill seeks to put a total ban on surrogate advertising of liquor, tobacco and other harmful products to prohibit sponsorship of sports and cultural events either directly or indirectly by these manufacturershence this billdr t subbarami reddy memorandum regarding delegated legislationclause 9 of the bill empowers the central government to make rules for carrying out the purposes of the bill as the rules will relate to matters of detail only, the delegation of legislative power is of a normal charcter rajya sabha———— a billto prohibit surrogate advertisements and for matters connected therewith as incidental thereto————(dr t subbarami reddy, mp)gmgipmrnd—4943rs(s3)—10-03-2017 | Parliament_bills | 3025043d-2186-5fe2-a220-655171708226 |
bill no 136 of 2012 the competition (amendment) bill, 2012 a billfurther to amend the competition act, 2002be it enacted by parliament in the sixty-third year of the republic of india as follows:—1 (1) this act may be called the competition (amendment) act, 2012short title and commencement(2) it shall come into force on such date as the central government may, by notificationin the official gazette, appoint3 in section 3 of the principal act,—amendment of section 3(a) in sub-section (4), for the explanation, the following explanation shall be substituted, namely:-—'explanation—for the purposes of this sub-section,—5(a) "tie-in arrangement" includes any agreement requiring a purchaser of goods or recipient of services, as a condition of such purchase or provision of such services, to purchase some other goods or availing of some other services;10(b) "exclusive supply agreement" includes any agreement restricting in any manner the purchaser of goods or recipient of services in the course of his trade from acquiring or otherwise dealing in any goods or services other than those of the seller or service provider or any other person;15(c) "exclusive distribution agreement" includes any agreement to limit, restrict or withhold the output or supply of any goods or provision of services or allocate any area or market for the disposal or sale of the goods or provision of services;20(d) "refusal to deal" includes any agreement which restricts, or is likely to restrict, by any method the persons or classes of persons to whom goods are sold or services are provided or from whom goods are bought or services are availed of;(e) "resale price maintenance",—25(i) in case of goods includes any agreement to sell goods on condition that the prices to be charged on the resale by the purchaser shall be the prices stipulated by the seller unless it is clearly stated that prices lower than those prices may be charged;30(ii) in case of services includes any agreement to provide services on condition that the prices to be charged on retailing of services by the recipient of services shall be the prices stipulated by the service provider unless it is clearly stated that prices lower than those prices may be charged;';(b) in sub-section (5), in clause (i) after sub-clause (f), the following sub-clause shall be inserted, namely:—"(g) any other law for the time being in force relating to the protection of other intellectual property rights;"35amendment of section 44 in section 4 of the principal act, in sub-section (1), after the words "or group", the words "jointly or singly" shall be insertedamendment of section 55 in section 5 of the principal act, in the explanation, in clause (b), in sub-clause (i), for the words "twenty-six per cent", the words "fifty per cent" shall be substituted40insertion of new section 5a6 after section 5 of the principal act, the following section shall be inserted, namely:—"5a notwithstanding anything in section 5, the central government may, in consultation with the commission, by notification, specify different value of assets and turnover for any class or classes of enterprise for the purpose of section 5"power to specify different value of assets and turnover457 in section 9 of the principal act,—amendment of section 9(a) in sub-section (1), the words "and other members" shall be omitted;(b) after sub-section (1), the following sub-section shall be inserted, namely:—"(1a) the members of the commission shall be appointed by the central government from a panel of names recommended by a selection committee consisting of—(a) the chief justice of india or his nominee - chairperson;5(b) the secretary in the ministry of corporate affairs - member; (c) the secretary in the ministry of law and justice - member; (d) the chairperson of the commission - member;10(e) one expert of repute who has special knowledge of, andprofessional experience in, international trade, economics, business, commerce, law, finance, accountancy, management, industry, public affairsor competition matters including competition law and policy - member "8 in section 20 of the principal act, in sub-section (2), the words "or reference" shall be omitted159 in section 21 of the principal act, in sub-section (1),—(a) for the words "is raised by any party", the word "arises" shall be substituted;amendment of section 20 amendment of section 21(b) for the words "authority may", the words "authority shall" shall be substituted;(c) the proviso shall be omitted2010 in section 21a of the principal act, in sub-section (1),—(a) for the words "is raised by any party", the word "arises" shall be substituted;amendment of section 21a(b) for the words "this act", the words "any act" shall be substituted; (c) for the words "commission may", the words "commission shall" shall be substituted;25(d) the proviso shall be omitted11 in section 26 of the principal act,—amendment of section 26(a) in sub-section (7), after the words "in accordance with the provisions of this act", the words "and make appropriate orders thereon after hearing the concerned parties" shall be inserted;30(b) in sub-section (8), after the words "in accordance with the provisions of this act", the words "and make appropriate orders thereon after hearing the concerned parties" shall be insertedamendment of section 273512 in section 27 of the principal act,—(i) in clause (b), after the proviso, the following proviso shall be inserted, namely:—"provided further that no such penalty shall be imposed by the commission under this section without giving an opportunity of being heard to the producer, seller, distributor, trader or service provider, as the case may be;" (ii) in clause (g), after the proviso, the following proviso shall be inserted, namely:—40"provided further that while passing orders under this section, the commission shall give due regard to the opinion given by the statutory authority, where such opinion has been obtained under the provisions of sub-section (1) of section 21a of this act"13 in section 31 of the principal act,—amendment of section 31(a) in sub-section (11), for the words "two hundred and ten days", at both the places where they occur, the words "one hundred and eighty days" shall be substituted;5(b) in sub-section (12), for the words "ninety working days" the words "one hundred and eighty days" shall be substituted 14 in section 41 of the principal act,—amendment of section 41(a) for sub-section (3), the following sub-sections shall be substituted, namely:—10"(3) where in the course of investigation, the director general has reason to believe that any person or enterprise, to whom a notice under sub-section (2) has been issued,—(a) has omitted or failed to provide the information or produce documents as required notice; or15(b) would not provide the information or produce documents which will be useful for, or relevant to, the investigation; or(c) would destroy, mutilate, alter, falsify or secrete the information or documents useful for, or relevant to, the investigation, then, he may, after obtaining the authorisation from the chairperson of the commission,—20(i) enter, with such assistance and force, as may be required, the place or places where such information or documents are expected to be kept;(ii) search such place or places, as the case may be;25(iii) seize documents and take copies of information, including electronic mail, hard disk of computer and such other media;(iv) record on oath statements of persons having knowledge of the information or documents referred to in sub-clause (iii)2 of 197430(4) the provisions of the code of criminal procedure, 1973, relating to searches and seizure shall apply, so far as may be, to searches and seizure under sub-section (3)"; (b) the explanation shall be omittedamendment of section 4315 in section 43 of the principal act, for the words "punishable with fine", the words"liable to a penalty" shall be substituted35amendment of section 5116 in section 51 of the principal act, in sub-section (2), in clause (a), for the words"the registrar", the words "the secretary" shall be substitutedamendment of section 53a17 in section 53a of the principal act, in sub-section (1), in clause (a), for the words, brackets and figures "sub-sections (2) and (6)", the words, brackets and figures"sub-sections (2), (6), (7) and (8)" shall be substituted40amendment of section 6318 in section 63 of the principal act, in sub-section (3), after the words "everynotification issued under", the word, figure and letter "section 5a", shall be inserted statement of objects and reasonsthe competition act was enacted in 2002 keeping in view the economic developments that resulted in opening up of the indian economy, removal of controls and consequent economic liberalisation which required that the indian economy be enabled to allow competition in the market from within the country and outside it was subsequently amended in 2007 and 2009 the competition act, 2002, inter alia, provides for the following, namely:—(a) establishment of the competition commission of india, which shall be an expert body and would function as a market regulator for preventing and regulating anti-competitive practices in the country in accordance with the provisions of the act and it would also have advisory and advocacy functions in its role as a regulator which can also impose a penalty in certain cases specified in the act;(b) establishment of the competition appellate tribunal, which shall be a three member quasi-judicial body headed by a person who is or has been a judge of the supreme court or the chief justice of a high court to hear and dispose of appeals against any direction issued or decision made or order passed by the competition commission and to adjudicate claims on compensation and for passing of orders for the recovery of compensation from any enterprise for any loss or damage sufferred as a result of any contravention of the provisions of the act 2 the competition commission of india (the commission) has become fully functional since 2009 in the light of the experiences gained in its operation and the working of the commission, the government of india in june, 2011, constituted an expert committee to examine and suggest the modifications in the competition act, 2002 as suggested by the expert committee, the central government has decided to amend the said act and therefore, the competition (amendment) bill, 2012 is being introduced3 the competition (amendment) bill, 2012, inter alia, provides the following, namely:—(a) to insert a new sub-clause (g) in clause (i) of sub-section (5) of section 3 so as to provide that anti-competitive agreements shall not restrict the matters regarding the protection of intellectual property rights for the purposes of clause (i) of subsection (5) of the said section;(b) to amend section 4 of the act relating to abuse of dominant position so as to provide that no enterprise or group either jointly or singly shall abuse its dominant position;(c) to amend sub-clause (i) of clause (b) in the explanation to section 5 so as to increase the percentage of voting rights from twenty-six per cent or more to fifty per cent or more for the purpose of regulation of combinations;(d) to insert a new section 5a in the act so as to confer power upon the central government to specify, in consultation with the commission, different value of assets and turnover for any class of enterprises for the purpose of section 5 of the act;(e) the reference of issues by the statutory authority to the commission and the commission to the statutory authority are made mandatory;(f) to empower the commission to decide the matter after hearing the concerned parties in cases where the commission may not agree with director general's investigation;(g) to make provision that no penalty shall be imposed by the commission for contravention of the provisions of section 3 or section 4 without giving an opportunity of being heard to the concerned person;(h) to amend sub-section (11) of section 31 so as to reduce the period from two hundred and ten days to one hundred and eighty days within which the commission has to pass an order or issue direction on combinations and also to amend subsection (12) of the said section so as to increase the period from ninety working days to one hundred and eighty days to bring the time period on par with sub-section (11);(i) to amend section 51 of the act so as to substitute the expression ''the secretary''in place of the ''the registrar'' in clause (a) of sub-section (2) of the said section as there is no post of the registrar in the commission 4 the bill seeks to achieve the above objectivesnew delhi;sachin pilotthe 16th november, 2012 annexure extracts from the competition act, 2002 (12 of 2003)2 in this act, unless the context otherwise requires,—definitions(y) "turnover" includes value of sale of goods or services; chapter ii prohibition of certain agreements, abuse of dominant position and regulation of combinations prohibition of agreements3 (1) anticompetitive agreements(4) any agreement amongst enterprises or persons at different stages or levels of the production chain in different markets, in respect of production, supply, distribution, storage, sale or price of, or trade in goods or provision of services, including—(a) tie-in arrangement; (b) exclusive supply agreement; (c) exclusive distribution agreement; (d) refusal to deal; (e) resale price maintenance, shall be an agreement in contravention of sub-section (1) if such agreement causes or is likely to cause an appreciable adverse effect on competition in indiaexplanation—for the purposes of this sub-section,—(a) "tie-in arrangement" includes any agreement requiring a purchaser of goods, as a condition of such purchase, to purchase some other goods;(b) "exclusive supply agreement" includes any agreement restricting in any manner the purchaser in the course of his trade from acquiring or otherwise dealing in any goods other than those of the seller or any other person;(c) "exclusive distribution agreement" includes any agreement to limit, restrict or withhold the output or supply of any goods or allocate any area or market for the disposal or sale of the goods;(d) "refusal to deal" includes any agreement which restricts, or is likely to restrict, by any method the persons or classes of persons to whom goods are sold or from whom goods are bought;(e) "resale price maintenance" includes any agreement to sell goods on condition that the prices to be charged on the resale by the purchaser shall be the prices stipulated by the seller unless it is clearly stated that prices lower than those prices may be charged (5) nothing contained in this section shall restrict—(i) the right of any person to restrain any infringement of, or to impose reasonable conditions, as may be necessary for protecting any of his rights which have been or may be conferred upon him under— prohibition of abuse of dominant position4 (1) no enterprise or group shall abuse its dominant positionabuse of dominant position regulation of combinationscombination5 the acquisition of one or more enterprises by one or more persons or merger oramalgamation of enterprises shall be a combination of such enterprises and persons or enterprises, if—(a) any acquisition where—(i) the parties to the acquisition, being the acquirer and the enterprise, whose control, shares, voting rights or assets have been acquired or are being acquired jointly have,—(a) either, in india, the assets of the value of more than rupees one thousand crores or turnover more than rupees three thousand crores; or(b) in india or outside india, in aggregate, the assets of the value of more than five hundred million us dollars, including at least rupees five hundred crores in india, or turnover more than fifteen hundred million us dollars, including at least rupees fifteen hundred crores in india; or (ii) the group, to which the enterprise whose control, shares, assets or voting rights have been acquired or are being acquired, would belong after the acquisition, jointly have or would jointly have,—(a) either in india, the assets of the value of more than rupees four thousand crores or turnover more than rupees twelve thousand crores; or(b) in india or outside india, in aggregate, the assets of the value of more than two billion us dollars, including at least rupees five hundred crores in india, or turnover more than six billion us dollars, including at least rupees fifteen hundred crores in india; or(b) acquiring of control by a person over an enterprise when such person has already direct or indirect control over another enterprise engaged in production, distribution or trading of a similar or identical or substitutable goods or provision of a similar or identical or substitutable service, if—(i) the enterprise over which control has been acquired along with the enterprise over which the acquirer already has direct or indirect control jointly have,—(a) either in india, the assets of the value of more than rupees one thousand crores or turnover more than rupees three thousand crores; or(b) in india or outside india, in aggregate, the assets of the value of more than five hundred million us dollars, including at least rupees five hundred crores in india, or turnover more than fifteen hundred million us dollars, including at least rupees fifteen hundred crores in india; or (ii) the group, to which enterprise whose control has been acquired, or is being acquired, would belong after the acquisition, jointly have or would jointly have,—(a) either in india, the assets of the value of more than rupees four thousand crores or turnover more than rupees twelve thousand crores; or(b) in india or outside india, in aggregate, the assets of the value of more than two billion us dollars, including at least rupees five hundred crores in india, or turnover more than six billion us dollars, including at least rupees fifteen hundred crores in india; or(c) any merger or amalgamation in which—(i) the enterprise remaining after merger or the enterprise created as a result of the amalgamation, as the case may be, have,—(a) either in india, the assets of the value of more than rupees one thousand crores or turnover more than rupees three thousand crores; or(b) in india or outside india, in aggregate, the assets of the value of more than five hundred million us dollars, including at least rupees five hundred crores in india, or turnover more than fifteen hundred million us dollars, including at least rupees fifteen hundred crores in india; or (ii) the group, to which the enterprise remaining after the merger or the enterprise created as a result of the amalgamation, would belong after the merger or the amalgamation, as the case may be, have or would have,—(a) either in india, the assets of the value of more than rupees four thousand crores or turnover more than rupees twelve thousand crores; or(b) in india or outside india, in aggregate the assets of the value of more than two billion us dollars, including at least rupees five hundred crores in india, or turnover more than six billion us dollars, including at least rupees fifteen hundred crores in indiaexplanation—for the purposes of this section,— (b) "group" means two or more enterprises which, directly or indirectly, are in a position to—(i) exercise twenty-six per cent or more of the voting rights in the other enterprise; or 9 (1) the chairperson and other members of the commission shall be appointed by the central government from a panel of names recommended by a selection committee consisting of— 20 (1) inquiry into combination by commission(2) the commission shall, on receipt of a notice under sub-section (2) of section 6, inquire whether a combination referred to in that notice or reference has caused or is likely to cause an appreciable adverse effect on competition in india reference by statutory authority21 (1) where in the course of a proceeding before any statutory authority an issue is raised by any party that any decision which such statutory authority has taken or proposes to take, is or would be, contrary to any of the provisions of this act, then such statutory authority may make a reference in respect of such issue to the commission:provided that any statutory authority, may, suo motu make such a reference to the commission| ||--------------|| reference by || commission |21a (1) where in the course of a proceeding before the commission an issue is raised by any party that any decision which, the commission has taken during such proceeding or proposes to take, is or would be contrary to any provision of this act whose implementation is entrusted to a statutory authority, then the commission may make a reference in respect of such issue to the statutory authority:provided that the commission, may, suo motu, make such a reference to the statutory authroity| | | | | | | ||---------------|-----|------|------|------|------|-----|| 26 | (1) | | | | | || procedure for | | | | | | || inquiry under | | | | | | || section 19 | | | | | | |(7) if, after consideration of the objections or suggestions referred to in sub-section (5), if any, the commission is of the opinion that further investigation is called for, it may direct further investigation in the matter by the director general or cause further inquiry to be made in the matter or itself proceed with further inquiry in the matter in accordance with the provisions of this act(8) if the report of the director general referred to in sub-section (3) recommends that there is contravention of any of the provisions of this act, and the commission is of the opinion that further inquiry is called for, it shall inquire into such contravention in accordance with the provisions of this act27 where after inquiry the commission finds that any agreement referred to in section 3 or action of an enterprise in a dominant position, is in contravention of section 3 or section 4, as the case may be, it may pass all or any of the following orders, namely:—| ||---------------|| orders by || commission || after inquiry || into || agreements or || abuse of || dominant || position |(b) impose such penalty, as it may deem fit which shall be not more than ten per cent of the average of the turnover for the last three preceding financial years, upon each of such person or enterprises which are parties to such agreements or abuse: provided that in case any agreement referred to in section 3 has been entered into by a cartel, the commission may impose upon each producer, seller, distributor, trader or service provider included in that cartel, a penalty of up to three times of its profit for each year of the continuance of such agreement or ten per cent of its turnover for each year of the continuance of such agreement, whichever is higher (g) pass such other order or issue such directions as it may deem fit:provided that while passing orders under this section, if the commission comes to a finding, that an enterprise in contravention to section 3 or section 4 of the act is a member of a group as defined in clause (b) of the explanation to section 5 of the act, and other members of such a group are also responsible for, or have contributed to, such a contravention, then it may pass orders, under this section, against such members of the group 31 (1) orders of commission on certain combinations(11) if the commission does not, on the expiry of a period of two hundred and ten days from the date of notice given to the commission under sub-section (2) of section 6, pass an order or issue direction in accordance with the provisions of sub-section (1) or sub-section(2) or sub-section (7), the combination shall be deemed to have been approved by the commissionexplanation—for the purposes of determining the period of two hundred and ten days specified in this sub-section, the period of thirty working days specified in sub-section (6) and a further period of thirty working days specified in sub-section (8) shall be excluded(12) where any extension of time is sought by the parties to the combination, the period of ninety working days shall be reckoned after deducting the extended time granted at the request of the parties chapter v duties of director general41 (1) director general to investigate contraventions1 of 1956(3) without prejudice to the provisions of sub-section (2), sections 240 and 240a of the companies act, 1956 so far as may be, shall apply to an investigation made by the director general or any other person investigating under his authority, as they apply to an inspector appointed under that actexplanation—for the purposes of this section,—1 of 1956(a) the words "the central government" under section 240 of the companiesact, 1956 shall be construed as "the commission";1 of 1956(b) the word "magistrate" under section 240a of the companies act, 1956 shallbe construed as the "the chief metropolitan magistrate, delhi" 43 if any person fails to comply, without reasonable cause, with a direction given by—(a) the commission under sub-sections (2) and (4) of section 36; or| penalty | for ||---------------|-------|| failure | to || comply with | || directions of | || commission | || and director | || general | |(b) the director general while exercising powers referred to in sub-section (2) of section 41, such person shall be punishable with fine which may extend to rupees one lakh for each day during which such failure continues subject to a maximum of rupees one crore, as may be determined by the commission| | | | | ||------|------|------|------|-----|51 (1) constitution of fund(2) the fund shall be applied for meeting—(a) the salaries and allowances payable to the chairperson and other members and the administrative expenses including the salaries, allowances and pension payable to the director general, additional, joint, deputy or assistant directors general, the registrar and officers and other employees of the commission;| | | | | ||------|------|------|------|-----| chapter viiia competition appellate tribunal53a (1) the central government shall, by notification establish an appellate tribunal to be known as competition appellate tribunal,—establishment of appellate tribunal(a) to hear and dispose of appeals against any direction issued or decision made or order passed by the commission under sub-sections (2) and (6) of section 26, section 27, section 28, section 31, section 32, section 33, section 38, section 39, section 43, section 43a, section 44, section 45 or section 46 of this act; 63 (1) power to make rules(3) every notification issued under sub-section (3) of section 20 and section 54 and 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 notification or rule, or both houses agree that the notification should not be issued or rule should not be made, the notification or 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 notification or rule, as the case may be lok sabha———— a billfurther to amend the competition act, 2002————gmgipmrnd—3740ls(s3)—04122012 | Parliament_bills | 8caa1c5d-fe43-5da6-9f8b-cf17e4d5f19f |
bill no 74 of 2018 the constitution (amendment) bill, 2018 byshri faggan singh kulaste, mp a billfurther to amend the constitution of indiabe it enacted by parliament in the sixty-ninth year of the republic of india as follow:—short title1 this act may be called the constitution (amendment) act, 2018entry shall be inserted, namely:—amendment of eighth schedule"5 gondi" statement of objects and reasonsour country is a multilingual country at present twenty-two languages being spoken and written by our citizens have only been recognised in the eighth schedule to the constitution of india these languages represent the culture of a specific region a person learns most of the things through his mother tongue only language is the light of knowledge but it is unfortunate that despite the fact that crores of people in the states of madhya pradesh, uttar pradesh, chhattisgarh, telangana, west bengal, jharkhand, bihar and vidarbha region of maharashtra along with tribal community use the 'gondi' language, yet it is not included in eight schedule to the constitution so far gondi language is struggling hard to maintain its existence and dignitythe glory of a society or country is established by the language in which its literature is written if we go through the history of gondi language, we are able to know that the gondi community has its own history of almost fifteen hundred years which is the oldest one worldwide in nutshell, gondi language and its dialect is in vogue since 12-13 bc and being used in written and conversation form, respectively even rockediets, vision letters, certificates and royal orders were prepared in gondi language gondi language has a special contribution in the development of indian literature, history and way of life apart from abundant literature, gondi language is the voice of expression for our glorious culture gondi language is the monther tongue of gondi area that spreads over a vast territory of the states of madhya pradesh, uttar pradesh, chhattisgarh, vidarbha area of maharashtra, west bengal jharkhand and bihar the total number of people speaking gondi language in the area of thousands of square kilometres in most of the districts of frontier states is approximately six crores many times, demand for inclusion of gondi language in eighth schedule to the constitution has been raised by ordinary people, gond people of the aforesaid states and even public representatives have been raising this demand therefore, keeping in view the emotions of people speaking gondi language in different areas of different states covered by gondwana region, gondi language should be included in the eighth schedule to the constitutioninclusion of gondi language in the eighth schedule to the constitution would not only conserve and save gondi language but also preserve and encourage folk dances, folk songs, folk traditions, nature worship and other cultural heritagehence this billnew delhi;faggan singh kulastefebruary 8, 2018 annexure extract from the constitution of india eighth schedule[articles 344(1) and 351]languages1assamese2bengali3bodo4dogri5gujarati6hindi7kannada8kashmiri9konkani10maithili11malayalam12manipuri13marathi14nepali15oriya16punjabi17sanskrit18santhali19sindhi20tamil21telugu22urdu lok sabha————abillfurther to amend the constitution of india————(shri faggan singh kulaste, mp)mgipmrnd—4177ls(s3)—05-03-2018 | Parliament_bills | e26e6f78-4a18-5323-9720-986ddb162ce0 |
the emergency risks (goods) insurance bill, 1962(as introduced in lox sabha on stii december, 1962) bill, 1962 (as introduced in lox: sabha)a bill to 9m1ce certain provisions fm the insurance of goods in india againat damage by enemy action during the period of emergency bz it enacted by parliament in the thirteenth year of the republic of india as follows:- chaprer i preliminary, , (1) this act may be called the emergency insurance act, 1962 risks (gooda) short iidm atedcaad dortlue (!) it extends to the whole of india (3) it shall remain in force during the period of operation of the proclamation of emergency issued on the 26th october, 1962 and 10 for such further period as the central government may, by notification in the official gazette, declare to be the period of emergency for the purposes of this act, but its expiry shall not affect anything done or omitted to be done before such expiry and section 6 of the 10 of 197· general clauses act, 1897, shall apply upon the expiry of this act i~ as if it had been repealed by a central act 2 in this act, unless the context otherwise requires,-dehiti (a) "enemy" means--(i) any person or country committing external aggreslion against india; (ii) any person belonging to a country committing such aggression; (iii) such other country as may be declared by the central government to be assisting the country committing such aggression; ! s (iv) any person belonging to such other country; (b) iigoods" means any materials, commodities or articles and includes materials, commodities or articles used in or for the construction of any ship up to the time at which the ship after construction is launched; 10 (c) "scheme" means the emergency risks (goods) insurance scheme made under this act; (d) "seller of goods" includes a seller of goods acting as an agent; , (e) iisupplier of goods" means a person carrying on a is business in ·the course of which he supplies goods for the purpose of, or in pursuance of, contracts made by him for work, labour and materials; i (i) "emergency risks" means such risks arising from"':::' (i) action taken by an enemy or action taken in com- 20 bating an enemy or in repelling an imagined attack by an enemy; (ii) any explosion or fire which involves explosives or munitions or other dangerous things required for the purposes of defence against any action of an enemy and which 2s happens or is caused by, through, or in connection with, the manufacture, storage or transportation of· any such explosives, munitions or other dangerous things; (iii) measures taken under proper authority to avoi~ the spreading of, or otherwise to mitigate, the consequen- 30 ces of damage occurring (whether accidentally or not) ,as a direct result of any such action as is described jnsuhclause (i) or of any such explosion or fire as is described in sub-clause (ii); (iv) precautionary or preparatory measures taken 35 under proper authority with a view to preventing or hindering the carrying out of any attack by an enemy, being measures involving a substantial degree of risk to property; (v) precautionary or preparatory measures involving the doing of work on land and taken under proper authority in any way in anticipation of enemy action, being measures involving a substantial degree of risk to property; (vi) precautionary or preparatory measures taken under proper authority with a view to denying facilities to an enemy, being measures involving a substantial degree of damage to or diminution of value of property )0 chapter ii insurable goods and insurance scheme3 (1) subject to the provisions of this section, the following goods idaurgoods shall, in relation to any person carrying on business ~ie ;oder in india as a seller or supplier of goods of any description, e ct, j s be deemed to be goods insurable under this act, that is to say, all good$ situated in india or, consigned from one place in india to another place in india and in transit, being either-(i) goods of that description, or (ii) goods used as material from which goods of that des-20 cription are produced or as ingredients or component parts of goods of that description: provided that no goods shall be deemed to be insurable under this act-' - (a) fn relation to any person, being the owner of the goods, who carries on business as a seller of goods, unless they are owned by him with a view to being sold, or to being used as m~terial for the production of goods to be sold, or as ingredients or component parts of goods to be sold; (b) in relation to any person, being the owner of the goods, who oorries on business as a supplier of goods, unless they are owhed by him with a view to being supplied for the purpose of, -or in pursuance of, a contract made by him for work, labour and materials or to being used as material for the production -of goods to be supplied as aforesaid, or as ingredients or compo-nent parts of goods to be supplied 35 (2) the central government may, by notification in the omcial gazette, direct that goods of any description specified in the not~iication shall, _ notwithstanding anything contained in this section h~ deemed not to be good~ ~nsura1?l~ under this act, (3) nothing in sub-section (1) shall apply in relation to goodl which are owned by government or in respect of which the goy-ernment is the seller or supplier 4 (1) save in so far as is otherwise expressly provided in tht act, any goods, shall, subject to the provisions of this lecticm, be' deemed for the purposes of this act to be owned,-(a) if the property in the goods is for the time being ftlte4 in a person in relation to whom they are insurable under thii act, by that person; (b) if the property in the goods is not so vested, by any 10 person in relation to whom the goods are insurable under thia act and who is for the time being entitled, either unconditionally or conditionally, to have the property in the goods vested in him: provided that where-(i) any goods would, under the foregoing provisions of thtt section, be deemed to be owned by a person in whom the pr0-perty therein is vested otherwise than in the course of a business carried on by him in india, or who is entitled to have the property therein vested in him otherwise than in the course of 30 such a business, and (ii) any person carrying on business in india ii for the time being entitled to sell the goods as agent, the goods shall be deemed to be owned by the last mentioned per-8011 a, (2) where in the course of any business a ship is being, or hu been, constructed under contract, and the ship or any part thereof or any goods appropriated for the construction thereof-(a) would, apart from the provisions of this sub-section, have been deemed for the purposes of this act to be owned at ,0 any time by the person from time to time carrying on the business, or (b) have at any time been accepted, in pursuanee of a contract made with him, by the person from time to time earrying on the business, 3' then, notwithstanding that they would not, apart from the said ~ visions, be deemed for the said purposes to be owned by the perlon from time to time carrying on the business, the ship and any part thereof and any goods so appropriated as aforesaid shall, subject to the provisions of sub-section (3), be deemed, in 6 case to which clause (a) of this sub-section applies, to continue to be owned by 5 the person from time to time carrying on the business until the acceptance of the ship, in pursuance of the contract in question, by the person for whom it is being or has been, constructed, and in a case to which clause (b) of this sub-section applies, to be owned by the person from time to time carrying on the business at all 10 times between the acceptance referred to in the said clause (b) and the acceptance of the ship as aforesaid by the person for whom it is being, or has been, constructed (3) the provisions of sub-section (2) shall apply in relation to the construction under contract in the course of a business of part is of a ship, not being part of a ship which is being, or has been, constructed by the person from time to time oarrying on the business, as they apply in relation to the construction of a ship-(a) with the substitution for references to a ship of references to part of a ship; 20 (b) where the contract for the part of the ship is with the person for whom the ship is being constructed, with the substitution for reference~ to the acceptance of the ship under the contract in question of references to the acceptance of the ship under the contract for the construction thereof; 25 (c) where the contract for the part of the ship is with any other person, with the substitution for references to the acceptance of the ship under the contract in question of references to the acceptance of the part of the ship under the contract for the construction of the part by the person for whom it is being, or 30 has been, constructed (4) where the person from time to time carrying on a business receives any money, under a policy issued in pursuance of the scheme, in respect of the loss of or damage to a ship, part of a ship or' goods which are deemed to be owned by him by virtue of sub-35 section (2) or sub-section (3), the money shall be held by him on trust for the person who, apart from the provisions of those subsections, wo~ld be deemed for the purposes of this act to be the owner of the ship, part or goods, subject, however, to any lien or charge which would otherwise be enforceable against the ship, part 40 or goods and subject also to the right to retain out of the money the amount· of any expenses reasonably ircurred by the first mentioned l,>erson in making good any part of the loss or damage which he is liable to make good ~rgenc:y 5 (1) the central government may, by notification in the official f,;:da) gazette, put into operation a scheme to be called the emergency scheme risks (goods) insurance scheme, whereby the central government s undertakes in relation to persons carrying on business in india as sellers or suppliers of goods, the liability of insurance of such persons against emergency risks, to the extent provided by or under this act, in respect of goods insurable under this act which are from time to time ownpd by such persons in the course of such business 10 (2) the scheme may also extend-(a) to the undertaking by the central government in relation to any person carrying on business in india as seller or supplier of goods, of the liability of insuring such a person against emergency risks in respect of goods insurable under this is act which are not owned by him but in which he has an interest arising in the course of that business; (b) without prejudice to the provisions of clause (a) of this sub-section, to the undertaking by the central government, in relation to a person carrying on any business in india, of the zo liability of insuring such a person agaj~st emergency risks' in respect of-(i) any goods situated in india which are in his possession, otherwise than under a hire purchase agreement, for the purposes of that business, 25 (ii) any goods situated in india which are subject to a mortgage, pledge or charge in his favour held by him in the course of that business, being in either case goods which are not owned by him but which are insurable under this act in relation to the person by 30 whom they are owned; (c) to the undertaking by the central government, in relation to a person carrying on any business in india, of the liability of insuring such person against emergency risks in respect of any goods situated in india, which· having been sold in 35 india, for export from india, are in his possession for the purpose of such export and are goods which were prior to such sale insurable under this act in relation to the person by whom they were then owned; s (d) to the undertaking by the central government, in ~ lation to any person carrying on any business in india as a sellet or supplier of goods, of the liability of insuring such a person ag&inat emergency risks in respect of goods imported into india through any port of india, while such goods are situated at such port or are in transit to a place in india (3) the scheme shall be such as to secure-(a) that the liability of the central government as insurer shall not extend to more than eighty per cent of the insurable value of the property ins\h'able; 10 (b) that any liability of the central government as insurer under the scheme is determined by a policy of insurance 1ssued, in the form and in respect of a period not exceeding the period specified in the scheme, by a person acting on behalf of the central government: is provided that the form of policy may be such as to limit the extent and nature of the indemnity provided by the central government and to impose conditions subject to which the indemnity is provided; 20 (c) that any premium under a policy so issued is payable at such rate as may, for the time being, be specified in the scheme; and (d) that the amount of anyone premium payable under a policy so issued is not less than such sum as may be specified in 2s the scheme (4) different forms of policies may be specified under sub-section (3) in relation to different descriptions of goods (5) the central government may, by notification in the official 'gazette, add to, amend or vary any scheme made under this act 30 6 the central government may, by notification in the official &1plopdejlt gazette, employ or authorise the employment of any person to act ~!f:~o~ as its agent for any of the purposes of this act and may pay to the crnmcnt person so employed such remuneration as it may think fit chapter iii h compulsory insurance7 (1) while the scheme is in operation, no person shall, after !'!~!rto u lnaur-~ nch· date as may be specified in this behalf by the central govern- ante comment by notification in the official gazette, carry on any business in puiaory india as a seller or supplier of goods, unless, in respect of any gooda insurable under this act which are for the time being owned by him in the course of that business, there is in force a policy of insurance against emergency risks issued in accordance with the scheme, whereby he is insured in respect of such goods for a sum not less than , the value thereof for the time being: provided that the scheme shall not restrict the carrying on of business as aforesaid by any person, if and so long as the value of all goods insurable under this act which are for the time being owned by him within one and the same presidency town or district in the 10 course of that business does not exceed fifty thousand rupees (2) whoever contravenes the provisions of this section shall be punishable with fine which may extend to one thousand rupees and with further fine which may extend to five hundred rupees for every day after the first on which the contravention continues i' oml ion to 8 (1) without prejudice to the provisions of sub-section (2) of ::~~: ~~ t~o section 7, where any person has failed to insure as, or to the full the fuu amount, required by this act, and has thereby evaded the payment amount by way of premium of any i money which he would have had to pay but for such failure, an officer authorised in this behalf by the 20 central government may determine the amount payment of which has been so evaded and the amount so determined shall be payable by such person and shall be recoverable from him as an arrear of land revenue and shall be a first charge on the goods in respect of which the' default was made 25 (2) a person against whom ~ determination is made under subsection (1) may, within the period specified in tha scheme, appeal against such determination to the central government whose decision thereon shall be final resbicti'?d' 9 (1) after the date on which the scheme is put into operation, 30 : :rrz:!fn no person shall, except as a person authorised by the central govinsurance ernment as its agent to issue policies in pursuance of the scheme, buaineaa carry on any business of insuring persons carrying on business in india as sellers or suppliers of goods against emergency risks in respect of goods insurable under this act which are from time to time 3' owned by such persons in the course of such business as is last mentioned (2) whoever contravenes the provisions of sub-section (1) shall be punishable with fine which may extend to five thousand rupees and with further fine which may extend to one thousand rupees for 40 every day after the first on which the contravention continues 10 (1) the central government may, after due appropriation bme~lency made ity parliament by law in this behalf, transfer in each finadeial = ,ear to a fudd to be called the emergency risks (goods) insurance pund fund (hereinafter referred to as the "fund") such sums, as lljay be j of 11,1 ~ codsidered necessary, not exceeding the sums received b)' the, central government by way of insurance premiums under the scheme, or by way of payments made on composition of offences under section 15 or by way of expenses or compensation awarded by a court, under section 545 of the code of criminal procedure, 1898, out 01 10 any fine imposed in any prosecution under this act (2) there shall be paid from out of the fund all sums required for the discharge by the central government of any of its liabilities udder the scheme or for the payment by the central government of the remuderation and expenses of agents employed for the purposes i s of the scheme " (3) if at any time when a payment is to be made out of the fund, the sum standing to the credit of the fund is less than the sum ~quired for the making of that payment, an amount equal to the deftciency shall, after due appropriation made by parliament by law, be 20 paid into the fund as an advance out of the consolidated flmd of india (4) if at any time the amount standing to the credit of the fund exceeds the sum which, in the opinion of the central government, is likely to be required for the making of payments out of the fund, 2s the excess shall be disposed of in such manner as the central gov- emment may think fit (5) the central government shall prepare, in such fonn and manner 8$ may be specified in the scheme and shall publish either annually or at such shorter intervals as may be specified therein; :n 30 account of all sums received into and paid (jut of the fund chapter iv miscellaneous11 (1) aijy person authorised in this behalf by the central gov~ powe· of ernment may, for the purposes of ascertaining whether or not the =tc:v-35 requirements of this act have been complied with,-ob~in information (4) require any person carrying on in india the business of fire insurance or of a seller or supplier of goods to submit t5 him iuch accounts, books or other documents or to' furnish to him such information as he may reasonably think necessary,' or 2276 (b) ls-2 (b) at any reasonable time enter any premises oecupied by any penon carrying on in india the business of a seller or sup plies' of goods tor the purposes of that business rnd may inspect the premises and require any person found therein ~bo il for the time being in charge thereof, or in control of the business , carried on therein to produce to him and allow him to examlde weh a~unts, books or other documents as may relate to the business carried on in the premises and to furnish to him such other information as he may reasonably require for the purpose of ascertaining whether or not, and, if so to what extent, the 10 person carrying on the business is insured under the scheme in respect of goods owned by him in the course of that busineu, and of ascertaining the value of any goods insurable under the scheme which are or were at any relevant time owned by him in the course of that business and the maximum amount which j' would be recoverable in respect of any such goods under a polley issued under this act (2) whoever wilfully obstructs any person in the exercise of hi powers under this section or fails without any reasonable excuse to l'omply with a demand made thereunder, shall in respect of each 20 occasi~n on which any such obstruction or failure take5 place, be p\1l1ishable with fine which may extend to five hundred rupees (3) whoever, in purporting to comply with his obligations under this section, knowingly or recklessly makes a statement· false in a material particular, shall be punishable with fine which may extend 2' to one thousand :rupees (4) where in any proceedings in respect of a contravention ot etion 7 in relation to any business, it is proved, in relation to that i)usinen-(cz) that a demand for the production of a policy of huuranee ~o i •• ued in accordance with the scheme insuring the person earrying on the business was duly made under this section and was not complied with, and (b) that the person making the demand was not satisfied that there was such a policy in existence, it shall be presumed, exeept in so far as the contrary is proved, that tb\? said aection 7 was being contravened in relation to that businetl at the time when the demand was made and continued to be contravebed in relation to that business at all times thereafter 12 if any person, for the purpose of obtaining for himalf or any punil!-eat other person any payment in respect of any damage due to utei:he fnr!:! aetion of the enemy or under a p'jlicy issued in purs~dce of the ~iion; scheme,-, (a) furnishes any information which he know:i to be falh in a material particular, or recklessly furnishes any information which is false in a material particular; or (b) with intent to deceive, produces, furnishes, tendl or otherwise makes use of any book, account or other document 10 which it false in a material particular, or (c) with intent to deceive, withholds any mate1'"ial information, he shall be punishable with fine which may extend to ave thouand rupees, or with imprisonment for a term not exceeding three months is or with both 13 (1) where goods of any description have been insured by a retl'~ of seller or supplier of goods for any period, and before that period has =i'~ elapsed the goods of that description have ceased, by virtue of a notification under sub-section (2) of section 3 to be goods insurable 20 under this act, the person who has insured such goods shall be entitled to a proportionate refund of the premium (2) no suit shall be maintainable in any civil court againrt the central government or any person acting as the agent of the central government under section 6 for the refund of momy paid or pur-25 porting to have been paid as premium in respect of any policy issued or purporting to have been issued under this act 14 no prosecution for any offence punishable nnder this act umiwtioft shall be instituted against any person except by or with the consent ::i"oiecti-of, the central government or an authority authorised in this behalf )0 by the central government 15 any offence punishable under sub-section (2) of section 7, eaaoition or aub-seclion (2) of section 9 may either before or after the institu- of off_ tion of the prosecution, be compounded by the central government or by any authority authorised in this behalf by the central go", 35 ernment, on payment for credit to the fund of such sum as the central government or such authority, as the case may be, thinks ftt ii no suit, prosecution, or other legal proeee<iings lhall 1m liar of ill" against the central government or against any person for anythmc proeeecli which is in ,oad faith done or intended to be done under thil act - ' powerjur,ri-17 if any dtfticulty arises in giving effect to the provilionl of :uyti: this act, and in particular, if any doubt arises as to whether a person is insurable in re'spect of any goods under this act, the central government may, by order, make such provision or give such direction, not inconsistent with the provisions of this act, as appear to it to be s necessary or expedient for the removal of the doubt or difficulty; and the order of the central government, in such cases, shall be final statement of objects and reasonsin view of the present emergency, it is considered desirable that provision should be made for the insurance of goods against the risk of loss or damage as a result of enemy action as the degree of risk which may be involved is necessarily uncertain, it will not ,be p0ssible for the established insurers to cover it in the normal course, and the scheme will have to be formulated, brought into foree and operated on behalf of the central government 2 the bill seeks to provide for a scheme of insurance baaed on premium rates which can be varied within certain limits with reference to the actual nature or extent of the risk as it may exist from time to time the various provisions are explained in detail in the notes on clauses which are attached to the bill morarji desai new dzlhi; the 29th november, 1962 clatue 1, in effect provides that the bill, when it is passed into law, shall come into force immediately in all the states or territories of india including jammu and kashmir the provisions of the act will continue to be in force throughout the period of the present emer~ency and for a reasonable period thereafter clause 2 defines the words and expressions used in the bill, the definition of "enemy" in sub-clause (a) is based i)n the corresponding definition in the defence of india bill, 1962 thp deftnition of "emergency risks" is based mainly on the provisions of the previous law as it was in force during the second world waf, and inc:1uc:les clam ages caused by explosions or by the adoption of "searched earth" or "denial" policies clause 3 makes it clear that the property insurable under the provisions of the bill will be goods held in india for purposes of sale in the course of business, but provides that good!; which are in transit from any place in india to any other place in india will, throughout the period of such transit be insurable in accordance with the provisions of the bill goods belonging to or sold or supplied by government will not be illlurable sub-elause (2) also provides that goods which are not normally insurable or which were not insured for similar rlsb during the last war may be excluded from the list of goods insurable under the scheme clause 4 provides for the ownership of goods, and consequently for the liability or obligations in regard to them to be determined in the event of doubt the intention is that if there is anv duileulty about determining the question whether goods have ve~ted in any penon at the time of insurance, the real owner, or his agent if such an agent is entitled to sell the goods, should be the person entitled to the rights or liable for the obligations, as the case may be under the various provisions of the sill clmue s provides for a scheme of insurance of good • within the iedpe of the provisions of the bill, to be prepared and brought into fore by notification at an appropriate stage by the central governwnent it is clarifted for the avoidance of any doubt that persons interested in, or entitled to the possession of, any insurable loads in the course of their buainess, or persons to whom nny insurable oocia have been pledged, mortgaged, hypothecated or otherwise eharged, may insure the goods, on ,their initiative, in lieu of the persons who as the pre6umed owners for the purpolf:s of the scheme may be bound or compelled to insure the goods in the normal coutle goods which are in the process of being exported from, or imported into, india will be insurable at the stages at which and for the periods for which they are, or become, situated in india the central government's liability as the insurer under the scheme will be limited in each case to eighty per cent of the idlurable value of the goods the policies of insurance will be iuuecl for comparatively short peri0d6, the duration of which will be determined by the central government, but the periods of validity will be extended from time to time the premiums will be charged at a variable rate, which will be determined from time to time by the central government aft~~· taking into account the actual degree of risk which may be involved goods will normally be insurable under the scheme only if tbe risk of joss or damage is considerable vide the note under clause 7 clause 6 provides for the appointment of an agent to administer the scheme on behalf of the central government c1aubes 7 and 8-clause 7 provides that when a iicheme of insurance is notified and brought into force, every person who in the course of his business is a seller of goods will be compelled to insure such goods to the extent that they are insurable under the scheme clause 8 provides for the determination and recovery of any pay ment due to be paid to the central government on this account if it has been evaded or is in arrears goods, which being located in any district are of the value ot rs 50,000 or less, ar~ not compulsorily insurable in accordance with the provisions of the scheme clause 9 prohibits private insurers from competing with the central government in regard to the coverage of the abnormal emergency risks for which provision is made in the bill clause 10 provides for the establishment of an emergency riala (goods) insurance fund the fund is intended to be seltsuftleient, but provision is being made for the central government to advance to the fund, it it is temporarily in deficit any amount which may be needed for meeting the expenditure which may be chargeable to the fund if there is ultimately a surplus in the fund, after ~ vision has been made for all the obligations to the poucyholders, appropriate arrangements in regard to the utilisation of the ilul'plua will be made by the central government : clauses 11 and 12-clause 11 provides for the grant of power to the central government to obtain information or to carry out such inspections as may be necessary, and clause 12 provides for penalties for furnishing any false information clause 13 provides for the refund of premiums in the case of goods which are insurable under the provisions of the bill at the time that a policy of insurance is issued but which are subsequently excluded during the currency of the insurance policy from the scope of the insurance scheme clauses 14 to 17 contain the usual provisions in regard to the limitation of prosecutions, the composition of offences, bar of legal proceedings in respect of action taken in good faith, and power to ~ove difficulties, if any clause 10 of the bill provides that an emergency risks (goods) insurance fund will be established and that an amount not exceeding the amount of the premiums collected under the scheme of insurance will be paid into that fund after due appropriation by law the degree of risk as a result of enemy action is necessarily uncertain and a reasonably accurate estimate of the value of the property insurable in accordance with the provisions of the bill is not also available it is not possible, therefore, to anticipate exactly at this stage the rate at which premiums may have to be fixed or the amounts receivable on account of the emergency ~rsk8 (goods) insurance fund it is envisaged, however, that the rate of premium may not exceed three fourths of one per cent of the insurable value per quarter, to begin with it is also expected that the scheme may not involve any net burden on the consolidated fund of india over and above the obligation to transfer to the emergency risks (goods) insurance fund from out of the consolidated fund the premiums received under the scheme the coat of administering the scheme is expected to amount to about rs 1· 5 lakhs on account of the special ofbcer's organisation sub-clause (3) of clause (1) provides that the central government may by notification in the official gazette declare that the ppriod of the emergency for the purposes of the emergency risks (goods) insurance scheme will be extended until some suitable date after the expiry of the emergency which has been proclaimed by the president under article 352 of the constitution the delegation of power to the central government for this purpose is unavoidable 2 there is no other provision in the bill which involves any delegation of powers which is not of a routine or donna! charaeter - a bill to make certain provisions for the insurance of goods in india against damage by enemy action during the period of emergency the president has, in pursuance of clauses (i) and (3) of article ii, of the constitution of india, reqlidmended to lok sabha the introduction and consideration of the bill mn kaul, secretary (s"" murarji desai, min's, u/ finance) | Parliament_bills | 7f0a505b-8575-58a3-b137-24666fb7e99e |
bill no xxxiii of 2009 the handloom weavers (protection and welfare) bill, 2009 a billto provide for the protection of distressed handloom weavers who are debt ridden, exploitedand are committing suicide and for introduction of welfare measures like life insurance coverage, interest free working capial and consumption loan, healthcare, education to the children, availability of affordable raw material, modernization of looms, housing and compulsory purchase of handloom cloth by government and for the establishment of an authority and a welfare fund and for matters connected therewith and incidental theretobe it enacted by parliament in the sixtieth year of the republic of india as follows:—1 (1) this act may be called the handloom weavers (protection and welfare) act,2009short title, extent and commencement(2) it extends to the whole of india (3) it shall come into force with immediate effectdefinitions2 in this act, unless the context otherwise requires:—(a) "appropriate government" means in the case of a state, the government of that state and in other cases the central government;(b) "authority " means the national handloom weavers welfare authority established under section 3;(c) "fund" means the handloom weavers welfare fund established under section 5;63 of 1948(d) "handloom" means any loom used for production of cloth other than the powerloom as defined in clause (g) of section 2 of the factories act, 1948;(e) "prescribed" means prescribed by rules made under this act; (f) "weaver" means a person engaged in the production of cloth on a handloom and includes a person who owns, works or operates on a handloom for the production of cloth;(g) "worker" means a handloom worker whether male or female engaged by a weaver and who earns wages on daily or any other basis by working on handloom 3 (1)the central government shall, as soon as may be, by notification in the official gazette, establish an authority to be called the national handloom weavers welfare authority for the purposes of this act(2) the headquarter of the authority shall be at hyderabad in the state of andhra pradesh and the authority may establish offices at such other places in the country, as it may deem necessary for carrying out the purposes of this actcentral government to establish national handloom weavers welfare authority(3) the authority shall consist of the following members who shall be appointed by the central government, namely:—(a) a chairperson having adequate knowledge and professional experience in handloom sector;(b) a deputy chairperson with such qualification, as may be prescribed; (c) five members of parliament of whom three shall be from lok sabha and two from rajya sabha to be nominated by the respective presiding officers of the two houses;(d) three members to represent handloom cooperatives; (e) three members to represent the handloom weavers; (f) four members to represent the union ministries of finance, planning, labour and employment and textiles;(g) four members to be nominated by the government of the states to be rotated amongst them in alphabetical order (4) the authority shall be a body corporate by the name aforesaid, having perpetual succession and common seal, with power to acquire, hold and dispose of property both movable and immovable and to contract and shall, by the said name, sue or be sued(5) the term of office of the chairperson, deputy chairperson and members of the authority and the procedure to be followed in the discharge of the functions of the authority shall be such as may be prescribed(6) the authority shall have a secretariat with such officers and members of staff and with such terms and conditions of services as may be prescribed from time to timefunctions of the authority4 (1) subject to any guidelines issued by the central government under the provisions of the act, the authority shall perform and undertake such special steps in close coordination with the governments of the states for the overall welfare, removal of poverty and indebtedness, raising the standard of living, modernize the looms and making easy availability of raw materials at affordable prices and marketing of handloom cloth of and for the handloom weavers, their families and workers(2) without prejudice to the generality of the foregoing provisions, the authority shall,—(a) formulate welfare policy for the handloom weavers and workers; (b) maintain records of handlooms existing in all the villages, districts and other places throughout the country;(c) maintain a district-wise register of handloom weavers and handloom workers with such particulars and in such manner as may be prescribed;(d) regulate the service conditions of workers in such manner as may be prescribed;(e) fix minimum wages for handloom workers from time to time; (f) ensure modernization of all the old handlooms;(g) encourage and provide all necessary assistance to handloom weavers cooperatives and for their democratic functioning;(h) organise exhibitions, melas and such other activities to promote handloom sector in different parts of the country;(i) make suitable arrangements for purchase of handloom cloth by government agencies on cash and carry basis;(j) encourage export of handloom cloth and handloom garments from the country in a big way;(k) perform such other functions as may be assigned to it by the appropriate government from time to time 5 (1) the central government shall, as soon as may be, but within one year of the commencement of this act, by notification in the official gazette, establish a fund to be called the handloom weavers welfare fund with a corpus of rupees five thousand crore 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 government of the states in such ratio as may be prescribed(2) there shall also be credited to the fund such other sums as may be received by way of donations, contributions, assistance or otherwise from individuals, weavers and workers, body corporates, financial institutions firms, partnerships, etc(3) the fund shall be managed by a board of trustees, which shall be constituted by the central government in such manner as may be prescribed(4) the fund shall be spent on,—(a) providing interest free consumption loans to handloom weavers from time to time;(b) making ex-gratia payments at prescribed rates to each of the bereaved families of handloom weavers who die prematurely; (c) providing loans at nominal interest for purchasing cotton yarn and othernecessary raw materials to the handloom weavers;(d) insuring all handlooms, handloom weavers and workers;(e) providing healthcare facilities, maternity and such other facilities to thehandloom weavers and workers;(f) providing educational facilities and vocational training to the wards of weavers and workers; (5) such other welfare measures as may be prescribed 6 (1) it shall be the duty of the central government to ensure regular supply of yarn to the handloom weavers at affordable and subsidized rates throughout the countryrole of central g o v e r n m e n t and otherministries(2) the appropriate government, all its ministries, departments, subordinate offices, public sector enterprises shall purchase their entire cloth requirements for dusters, curtains, table cloth and such other things exclusively from the primary handloom weavers and not from the mills and power loom sectors(3) the appropriate government shall ban the export of cotton and cotton yarn from the countrycentral government to provide funds7 the central government shall, after due appropriation made by parliament by law in this behalf, pay to the authority in each financial year such sums as may be considered necessary and adequate for the performance of the functions of the authority under this actannual report8 the authority shall prepare once in every calendar year in such form and at suchtime as may be prescribed an annual report giving a true and full account of its activities during the previous year and copies thereof shall be forwarded to the president of india, who shall cause, the same to be laid before both the houses of parliamentpower to remove difficulties9 (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 appear to it to be necessary or expedient for removing the difficulty:provided that no such order shall be made after the expiry of the period of two years from the date of the commencement to this act(2) every order made under this section shall, as soon as may be, after it is made, be laid before both the houses of parliament10 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 to have overriding effect power to make rules11 the central government may, by notification in the official gazette, make rules forcarrying out the purposes of this act statement of objects and reasonsin a vast nation like ours there are lakhs of handloom units in whcih millions of weavers and workers weave cloth on the looms to earn their livelihood these handlooms units are mainly located in andhra pradesh, tamil nadu, uttar pradesh, bihar, madhya pradesh, maharashtra and, in fact, handloom units are there in every part of our country for most of the weavers, it is their family profession which passes on from one generation to other and their entire families are involved in this profession such as dyeing, bleaching, mercerizing, embroidery, printing, etc for them, handloom is the only source of their livelihood and prosperity handloom cloth is very popular amongst the people not only in the country but also abroad, where it is in great demand in fashion world too, it is very popularbut unfortunately, handloom sector is not doing very well and it is at the verge of collapse and extinction the foremost reason for this is non-availability of cotton yarn at affordable prices the cotton yarn, which is the principal raw material for handloom cloth has become very costly and it is difficult for the weavers to purchase it from the market if it is purchased at market price, then the cloth become prohibitively costly for the buyers this situation is leading to closure of the handloom units one of the primary reasons of costly cotton yarn is the export of cotton and cotton yarn from the country resulting in scarce availability of yarn in the country other reasons are costly handloom cloth which has gone beyond the reach of common man, non-purchase of handloom products by the government and its organisations, exploitation by private traders, non-availability of easy consumption and working loans from banks and other financial institutions resulting in exploitations of weavers by money-lenders, absence of welfare funds for the weavers and any statutory authority to watch their interestanother shocking factor is that this vital sector has been consistently ignored by the successive governments at the centre as well as in the states as a result, the powerloom sector and cloth mills have invaded this sector their lobby is so strong that it has ensured non-implementation of the handlooms (reservation of articles for production) act, 1985 by obtaining an injunction from the court and no government has tried to get it vacated from the court this way, the very purpose of enacting the law has been defeated this way, it is very likely that the handloom sector may vanish in near future, if no concrete, remedial measures are taken to save this sectorthe most disturbing and sad part is that the frustrated handloom weavers, who are neck deep in debt trap are committing suicides in various parts of the country thousands of such hapless weavers have already ended their lives and much more are at the verge of doing so the circle region of andhra pradesh is very much ahead in this regard reports of many starvation deaths of handloom weavers have also come to light, which is no doubt is a blot on our democratic polity as such remedial measures have to be taken urgently so that handloom weavers and handloom factories are saved from extinction it has, therefore, been proposed to establish the national handloom weavers authority and also the handloom weavers welfare fund for the purpose some other miscellaneous provisions have also been proposed this will certainly improve the lot of handloom weavers and save them from starvation and committing suicides in various parts of our nationhence this bill financial memorandumclause 3 of the bill seeks to constitute the national handloom weavers welfare authority and to have a secretariat with such officers and members of staff clause 5 provides for the establishment of handloom weavers welfare fund clause 6 provides that the central government should ensure regular supply of yarn to handloom weavers at subsidised rates clause 7 provides that the central government to provide appropriate funds to the authoritythe bill, if enacted and brought into force, will involve an expenditure from the consolidated fund of india it is estimated that a sum of rupees five thousand crore may involve as recurring expenditure per annuma non-recurring expenditure of rupees two hundred crore is also likely to be incurred memorandum regarding delegated legislationclause 11 of this 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 legislative powers is of normal character————— a billto provide for the protection of distressed handloom weavers who are debt ridden, exploitedand are committing suicide and for introduction of welfare measures like life insurance coverage, interest free working capital and consumption loan, healthcare, education to the children, availability of affordable raw material, modernization of looms, housing and compulsory purchase of handloom cloth by government and for the establishment of an authority and a welfare fund and for matters connected therewith and incidental thereto————(shri gireesh kumar sanghi, mp) | Parliament_bills | 3f4335dc-8fca-5e89-b08c-2cbe02aca158 |
bill no 18 of 2010 the energy conservation (amendment) bill, 2010 a billto amend the energy conservation act, 2001be it enacted by parliament in the sixty-first year of the republic of india as follows:—short title1 this act may be called the energy conservation (amendment) act, 2010amendment of section 252 of 20012 in section 2 of the energy conservation act, 2001 (hereinafter referred to as the principal act),—(i) in clause (a), for the words "an auditor possessing qualifications specified under", the words "an energy auditor accredited in accordance with the provisions of" shall be substituted;(ii) in clause (b), for the words and figures "established under section 30", the words and figures "referred to in section 30" shall be substituted;(iii) for clause (c), the following clause shall be substituted, namely:—'(c) "building" means any structure or erection or part of structure or erection after the rules relating to energy conservation building codes have been notified under clause (p) of section 14 and clause (a) of section 15 and includes any existing structure or erection or part of structure or erection, which is having a connected load of 100 kilowatt (kw) or contract demand of 120 kilovolt ampere (kva) and above and is used or intended to be used for commercial purposes;'; (iv) after clause (m), the following clauses shall be inserted, namely:—'(ma) "energy savings certificate" means any energy savings certificate issued to the designated consumers under sub-section (1) of section 14a;(maa) "equipment or appliance" means any equipment or appliance which consumes, generates, transmits or supplies energy and includes any device that consumes any form of energy and produces a desired work;'amendment of section 93 in section 9 of the principal act, in sub-section (3), for the words "three years", the words "five years" shall be substitutedamendment of section 104 in section 10 of the principal act, in sub-section (1), for the words "the central government", the words "the bureau" shall be substituted5 in section 13 of the principal act, in sub-section (2),—amendment of section 13(i) after clause (a), the following clause shall be inserted, namely:—"(aa) recommend to the central government for issuing of the energy savings certificate under section 14a"; (ii) for clause (p), the following clause shall be substituted, namely:—"(p) specify, by regulations, the qualifications, criteria and conditions subject to which a person may be accredited as an energy auditor and the procedure for such accreditation;"; (iii) in clause (r), for the words "energy managers", the words "energy auditors and energy managers" shall be substituted;(iv) after clause (s), the following clause shall be inserted, namely:—"(sa) conduct examination for capacity building and strengthening of services in the field of energy conservation including certification of energy managers and energy auditors"6 in section 14 of the principal act,—amendment of section 14 (i) in clause (c), for the proviso, the following provisos shall be substituted, namely:—"provided that no notification prohibiting manufacture or sale or purchase or import of equipment or appliance shall be issued within a period of six months from the date of notification issued under clause (a) of this section:provided further that the central government may, having regard to the market share and the technological development having impact on equipment or appliance, and for reasons to be recorded in writing, extend the said period of six months referred to in the first proviso by a further period not exceeding six months";(ii) in clause (e), for the words "any user or class of users of energy as a designated consumer", the words "any user or class of users of energy in the energy intensive industries and other establishments as specified in the schedule as a designated consumer" shall be substituted;(iii) in clause (m), for the words "energy managers", the words "energy auditors and energy managers" shall be substituted;(iv) in clause (o), for the words "such form and manner", the words "such form, the time within which and the manner" shall be substituted 7 after section 14 of the principal act, the following sections shall be inserted, namely:—insertion of new sections 14a and 14b"14a (1) the central government may issue the energy savings certificate to the designated consumer whose energy consumption is less than the prescribed norms and standards in accordance with the procedure as may be prescribedpower of central government to issue energy savings certificate(2) the designated consumer whose energy consumption is more than the prescribed norms and standards shall be entitled to purchase the energy savings certificate to comply with the prescribed norms and standards14b the central government may, in consultation with the bureau, prescribe the value of per metric ton of oil equivalent of energy consumed for the purposes of this act"power of central government to specify value of energy8 in section 26 of the principal act,—amendment of section 26(a) in sub-section (1),—(i) the words, brackets and letter "or clause (n)" shall be omitted; (ii) for the words "ten thousand rupees", the words "ten lakh rupees"shall be substituted;(iii) for the words "one thousand rupees", the words "ten thousand rupees" shall be substituted; (b) after sub-section (1), the following sub-section shall be inserted, namely:—"(1a) if any person fails to comply with the provisions of clause (n) of section 14, he shall be liable to a penalty which shall not exceed ten lakh rupees and, in the case of continuing failure, with an additional penalty which shall not be less than the price of every metric ton of oil equivalent of energy, prescribed under this act, that is in excess of the prescribed norms"9 for section 30 of the principal act, the following section shall be substituted, namely:—substitution of new section for section 30 appellate tribunal36 of 2003"30 the appellate tribunal established under section 110 of the electricity act,2003 shall, without prejudice to the provisions of the electricity act, 2003, be the appellate tribunal for the purposes of this act and hear appeals against the orders of the adjudicating officer or the central government or the state government or any other authority under this act" 10 after section 31 of the principal act, the following section shall be inserted, namely:—insertion of new section 31a36 of 2003procedure and powers of appellate tribunal"31a the provisions of sections 120 to 123 (both inclusive ) of the electricity act, 2003 shall, mutatis mutandis, apply to the appellate tribunal in the discharge of its functions under this act as they apply to it in the discharge of its function under the electricity act, 2003"11 sections 32 to 43 of the principal act shall be omittedomission of sections 32 to 43amendment of section 5412 in section 54 of the principal act, the words "chairperson of the appellate tribunal or the members of the appellate tribunal or officers or employees of the appellate tribunal or the members of the state commission or the" shall be omitted13 in section 56 of the principal act, in sub-section (2),—amendment of section 56(i) in clause (j), for the words "energy managers", the words "energy auditors and energy managers" shall be substituted;(ii) after sub-clause (l), the following clauses shall be inserted, namely:—"(la) prescribing the procedure for issuing the energy savings certificate under sub-section (1) of section 14a;(laa) the value of per metric ton of oil equivalent of energy consumed under section 14b;"; (iii) clauses (s), (t) and (u) shall be omitted14 in section 58 of the principal act, in sub-section (2),—amendment of section 58(a) for clause (f), the following clause shall be substituted, namely:—"(f) the qualifications, criteria and conditions subject to which a person may be accredited as an energy auditor and the procedure for such accreditation under clause (p) of sub-section (2) of section 13;"; (b) in clause (h), for the words "energy managers", the words "energy auditors and energy managers" shall be substituted 15 in the schedule to the principal act, in the heading, the words "specified as designated consumers" shall be omittedamendment of the schedule16 the enactment specified in the schedule to this act shall be amended in the manner specified thereinamendment of certain enactment the schedule (see section 16) amendment to the electricity act, 2003 (36 of 2003)in section 110, for the words "under this act", the words "under this act or any other law for the time being in force" shall be substitutedamendment of section 110 statement of objects and reasonsthe energy conservation act, 2001 was enacted, in march, 2002, to provide for efficient use of energy and its conservation and for the matters connected therewith or incidental thereto the said act provides for statutory measures to establish statutory authority by the name of bureau of energy efficiency (bureau) and confer upon the central government, state government and the bureau certain powers to enforce the said measures for efficient use of energy and its conservation2 the energy conservation act, 2001 (the act) provides for the legal framework and institutional arrangements for embarking on an energy efficiency drive, which, inter alia, includes to (a) establish the bureau by merging existing energy management centre to effectively co-ordinate with designated consumers and agencies for performing such functions and exercise such powers which may be necessary for efficient use of energy and its conservation; (b) confer power upon the central government to specify norms for processes and energy consumption standards, etc, to enforce efficient use of energy and its conservation; (c) confer power upon the state governments for enforcing the provisions of the act; (d) establish a fund called the energy conservation fund separately by the central government and state governments; (e) impose penalties in case of contravention of the provisions of the act; and (f) prescribe the procedure for adjudication of the penalties and appeal to the supreme court3 the efficient use of energy and its conservation has been engaging the attention of the central government for quite some time as a measure to provide for efficient use of energy and its conservation, the energy conservation act, 2001 was enacted and the bureau of energy efficiency under the said act has been taking measures for conservation of energy the said act was enacted as an enabling in nature so as to provide for more measures from a future date after infrastructure and institutional mechanism are set in place now, the infrastructure and institutional mechanism are in place and the bureau of energy efficiency has started discharging its functions for taking measures for conservation of energy a need has been felt to make more provisions in the aforesaid act to undertake effective measures for conservation of energy which, inter alia, include the following, namely:—(i) confer power upon the bureau of energy efficiency to appoint its officers andemployees instead of by the central government being done at present; (ii) power to give accreditation to energy auditors as well as energy audit firmswho are in the business of energy auditing;(iii) certification procedure for energy managers and energy auditors under theact;(iv) conduct of national examination by the bureau of energy efficiency for capacity building and strengthening of services in the field of energy conservation;(v) empower the central government to issue energy savings certificate to the designated consumers whose energy consumption is less than the prescribed norms and enable the designated consumers whose energy consumption is more than the prescribed norms to purchase the energy savings certificate to comply with the norms;(vi) levy of additional penalty for failure to comply with the provisions of clause(n) of section 14 which shall not be less than the price of every metric ton of oil equivalent of energy, prescribed under the act, that is in excess of the prescribed norms;(vii) provide for the appellate tribunal established under the electricity act,2003, as also the appellate tribunal to hear appeals against the orders of the adjudicating officers, or the central government or the state government or any other authority under the provisions of the act 4 the bill seeks to achieve the above objectsnew delhi;the 16th december, 2009bharat sinh solanki memorandum regarding delegated legislationsub-clause (ii) of clause 5 of the bill seeks to amend clause (p) of sub-section (2) of section 13 of the energy conservation act, 2001 so as to confer power upon the bureau of energy efficiency (bureau) to specify, by regulations, the qualifications criteria and conditions subject to which a person may be accredited as an energy auditor and procedure for such accreditation2 clause 7 of the bill seeks to insert two new sections 14a and 14b so as to confer power upon the central government to prescribe, by rules, the procedure for issue of energy savings certificate to the designated consumers; and the value of metric ton of oil equivalent of energy consumed3 the matters in respect of which said rules or regulations may be made are matters of procedure and administrative detail and it is not practicable to provide for them in the proposed legislation itself the delegation of legislative power is, therefore, of a normal character annexure extracts from the energy conservation act, 2001 (52 of 2001) definitions2 in this act, unless the context otherwise requires,—(a) "accredited energy auditor" means an auditor possessing qualifications specified under clause (p) of sub-section (2) of section 13;(b) "appellate tribunal" means the appellate tribunal for energy conservation established under section 30;(c) "building" means any structure or erection or part of a structure or erection, after the rules relating to energy conservation building codes have been notified under clause (a) of section 15 or clause (1) of sub-section (2) of section 56, which is having a connected load of 500 kw or contract demand of 600 kva and above and is intended to be used for commercial purposes; 9 (1) director- general of bureau(3) the director-general shall hold office for a term of three years from the date on which he enters upon his office or until he attains the age of sixty years, whichever is earlier10 (1) the central government may appoint such other officers and employees in the bureau as it considers necessary for the efficient discharge of its functions under this actofficers and employees of bureau chapter iv powers and functions of bureau13(1)powers and functions of bureau(2) the bureau may perform such functions and exercise such powers as may be assigned to it by or under this act and in particular, such functions and powers include the function and power to—(p) specify, by regulations, qualifications for the accredited energy auditors; (r) specify, by regulations, certification procedures for energy managers to be designated or appointed by designated consumers; chapter v power of central government to facilitate and enforce efficient use of energy and its conservation14 the central government may, by notification, in consultation with the bureau,— (c) prohibit manufacture or sale or purchase or import of equipment or appliance specified under clause (b), unless such equipment or appliance conforms to energy consumption standards:power of central government to enforce efficient use of energy and its conservationprovided that no notification prohibiting manufacture or sale or purchase or import of equipment or appliance shall be issued within two years from the date of notification issued under clause (a) of this section; (e) specify, having regard to the intensity or quantity of energy consumed and the amount of investment required for switching over to energy efficient equipments and capacity of industry to invest in it and availability of the energy efficient machinery and equipment required by the industry, any user or class of users of energy as a designated consumer for the purposes of this act; (m) prescribe minimum qualification for energy managers to be designated or appointed under clause (l); (o) direct any designated consumer, who does not fulfil the energy consumption norms and standards prescribed under clause (g), to prepare a scheme for efficient use of energy and its conservation and implement such scheme keeping in view the economic viability of the investment in such form and manner as may be prescribed;| ||--------------|| chapter viii || penalty |penalties and adjudication26 (1) if any person fails to comply with the provisions of clause (c) or clause (d) or clause (h) or clause (i) or clause (k) or clause (l) or clause (n) or clause (r) or clause (s) of section 14 or clause (b) or clause (c) or clause (h) of section 15, he shall be liable to a penalty which shall not exceed ten thousand rupees for each such failure and, in the case of continuing failure, with an additional penalty which may extend to one thousand rupees for every day during which such failure continues:provided that no person shall be liable to pay penalty within five years from the dateof commencement of this act chapter ix appellate tribunal for energy conservationestablishment of appellate tribunal30 the central government shall, by notification, establish an appellate tribunal to be known as the appellate tribunal for energy conservation to hear appeals against the orders of the adjudicating officer or the central government or the state government or any other authority under this act composition of appellate tribunal32 (1) the appellate tribunal shall consist of a chairperson and such number of members not exceeding four, as the central government may deem fit(2) subject to the provisions of this act,—(a) the jurisdiction of the appellate tribunal may be exercised by benches thereof;(b) a bench may be constituted by the chairperson of the appellate tribunal with two or more members of the appellate tribunal as the chairperson of the appellate tribunal may deem fit: provided that every bench constituted under this clause shall include at least one judicial member and one technical member;(c) the benches of the appellate tribunal shall ordinarily sit at delhi and such other places as the central government may, in consultation with the chairperson of the appellate tribunal, notify;(d) the central government shall notify the areas in relation to which each bench of the appellate tribunal may exercise jurisdiction (3) notwithstanding anything contained in sub-section (2), the chairperson of the appellate tribunal may transfer a member of the appellate tribunal from one bench to another benchexplanation—for the purposes of this chapter,—(i) "judicial member" means a member of the appellate tribunal appointed as such under item (i) or item (ii) of clause (b) of sub-section (1) of section 33, and includes the chairperson of the appellate tribunal;(ii) "technical member" means a member of the appellate tribunal appointed as such under item (iii) or item (iv) or item (v) or item (vi) of clause (b) of sub-section(1) of section 33 33 (1) a person shall not be qualified for appointment as the chairperson of the appellate tribunal or a member of the appellate tribunal unless he,—(a) in the case of chairperson of the appellate tribunal, is, or has been, a judge of the supreme court or the chief justice of a high court; and(b) in the case of a member of the appellate tribunal,—qualifications for appointment of chairperson and members of appellate tribunal(i) is, or has been, or is qualified to be, a judge of a high court; or (ii) is, or has been, a member of the indian legal service and has held a post in grade i in that service for at least three years; or(iii) is, or has been, a secretary for at least one year in the ministry or department of the central government dealing with the power or coal or petroleum and natural gas or atomic energy; or(iv) is, or has been the chairman of the central electricity authority for at least one year; or(v) is, or has been, director-general of bureau or director-general of the central power research institute or bureau of indian standards for at least three years or has held any equivalent post for at least three years; or(vi) is, or has been, a qualified technical person of ability and standing, having adequate knowledge and experience in dealing with the matters relating to energy, production and supply, energy management, standardisation and efficient use of energy and its conservation, and has shown capacity in dealing with problems relating to engineering, finance, commerce, economics, law or managementterm of office34 the chairperson of the appellate tribunal and every member of the appellate tribunal shall hold office as such for a term of five years from the date on which he enters upon his office:provided that no chairperson of the appellate tribunal or member of the appellate tribunal shall hold office as such after he has attained,—(a) in the case of the chairperson of the appellate tribunal, the age of seventy years;(b) in the case of any member of the appellate tribunal, the age of sixty-five yearsterms and conditions of service35 the salary and allowances payable to and the other terms and conditions of service of the chairperson of the appellate tribunal and members of the appellate tribunal shall be such as may be prescribed:provided that neither the salary and allowances nor the other terms and conditions of service of the chairperson of the appellate tribunal or a member of the appellate tribunal shall be varied to his disadvantage after appointmentvacancies36 if, for reason, other than temporary absence, any vacancy occurs in the office of the chairperson of the appellate tribunal or a member of the appellate tribunal, the central government shall appoint another person in accordance with the provisions of this act to fill the vacancy and the proceedings may be continued before the appellate tribunal from the stage at which the vacancy is filledresignation and removal37 (1) the chairperson or a member of the appellate tribunal may, by notice inwriting under his hand addressed to the central government, resign his office:provided that the chairperson of the appellate tribunal or a member of the appellate tribunal shall, unless he is permitted by the central government to relinquish his office sooner, continue to hold office until the expiry of three months from the date of receipt of such notice or until a person duly appointed as his successor enters upon his office or until the expiry of his term of office, whichever is the earliest(2) the chairperson of the appellate tribunal or member of the appellate tribunal shall not be removed from his office except by an order by the central government on the ground of proved misbehaviour or incapacity after an inquiry made by such person as the president may appoint for this purpose in which the chairperson or a member of the appellate tribunal concerned has been informed of the charges against him and given a reasonable opportunity of being heard in respect of such chargesmember to act as chairperson in certain circumstances38 (1) in the event of the occurrence of any vacancy in the office of the chairperson of the appleate tribunal by reason of his death, resignation or otherwise, the senior-most member of the appellate tribunal shall act as the chairperson of the appellate tribunal until the date on which a new chairperson, appointed in accoradnce with the provisions of this act to fill such vacancy, enters upon his office(2) when the chairperson of the appellate tribunal is unable to discharge his functions owing to absence, illness or any other cause, the senior-most member of the appellate tribunal shall discharge the functions of the chairperson of the appellate tribunal until the date on whcih the chairperson of the appellate tribunal resumes his duties39 (1) the central government shall provide the appellate tribunal with such officers and employees as it may deem fitstaff of appellate tribunal(2) the officers and employees of the appellate tribunal shall discharge their functions under the general superintendence of the chairperson of the appellate tribunal, as the case may be(3) the salaries and allowances and other conditions of service of the officers and employees of the appellate tribunal shall be such as may be prescribed5 of 1908procedure and powers of appellate tribunal40 (1) the appellate tribunal shall not be bound by the procedure laid down by thecode of civil procedure, 1908, but shall be guided by the principles of natural justice and, subject to the other provisions of this act, the appellate tribunal shall have powers to regulate its own procedure5 of 1908(2) the appellate tribunal shall have, for the purposes of discharging its functions under this act, the same powers as are vested in a civil court under the code of civil procedure, 1908, while trying a suit in respect of the following matters, namely:—| (a) | summoning and enforcing the attendance of any person and examining him ||-----------------------------------------------------------------------------------|--------------------------------------------------------------------------|| on oath; | || (b) | requiring the discovery and production of documents; || (c) | receiving evidence on affidavits; || 1 of 1872 | || (d) | subject to the provisions of sections 123 and 124 of the indian evidence || act, 1872, requisitioning any public record or document or copy of such record or | || document from any office; | || (e) | issuing commissions for the examination of witnesses or documents; |(f) reviewing its decisions; (g) dismissing a representation of default or deciding it, ex parte; (h) setting aside any order of dismissal or any representation for default or anyorder passed by it, ex parte;(i) any other matter which may be prescribed by the central government(3) an order made by the appellate tribunal under this act shall be executable by the appellate tribunal as a decree of civil court and, for this prupose, the appellate tribunal shall have all the powers of a civil court(4) notwithstanding anything contained in sub-section (3), the appellate tribunal may transmit any order made by it to a civil court having local jurisdiction and such civil court shall execute the order as if it were a decree made by that court45 of 1860 2 of 1974(5) all proceedings before the appellate tribunal shall be deemed to be judicial proceedings within the meaning of sections 193 and 228 of the indian penal code and the appellate tribunal shall be deemed to be a civil court for the purposes of sections 345 and 346 of the code of criminal procedure, 1973distribution of business amongst benches 41 where benches are constituted, the chairperson of the appellate thribunal may, from time to time, by notification, make provisions as to the distribution of the business of the appellate tribunal amongst the benches and also provide for the matters which may be dealt with by each benchpower of chairpersons to transfer cases42 on the application of any of the parties and after notice to the parties, and after hearing such of them as he may desire to be heard, or on his own motion without such notice, the chairperson of the appellate tribunal may transfer any case pending before one bench for disposal, to any other benchdecision to be by majority43 if the members of the appellate tribunal of a bench consisting of two members differ in opinion on any point, they shall state the point or points on which they differ, and make a reference to the chairperson of the appellate tribunal who shall either hear the point or points himself or refer the case for hearing on such point or points by one or more of the other members of the appellate tribunal and such point or points shall be decided according to the opinion of the majority of the members of the appellate tribunal who have heard the case, including those who first heard it 45 of 186054 the chairperson of the appellate tribunal or the members of the appellate tribunal or officers or employees of the appellate tribunal or the members of the state commission or the members, director-general, secretary, officers and other employees of the bureau shall be deemed, when acting or purporting to act in pursuance of any of the provisions of this act, to be public servants within the meaning of section 21 of the indian penal codechairperson, members, officers and employees of the appellate tribunal, members of state commission, director- general, secretary, members, officers and employees of the bureau to be public servants56 (1) power of central government to make rules(2) in particular, and without prejudice to the generally of the foregoing power, such rules may provide for all or any of the following matters, namely:—(j) the minimum qualifications for energy managers under clause (m) of section 14; (s) the salary and allowances payable to and other terms and conditions of service of the chairperson of the appellate tribunal and members of the appellate tribunal under section 35;(t) the salary and allowances and other conditions of service of the officers and other employees of the appellate tribunal under sub-section (3) of section 39;(u) the additional matters in respect of which the appellate tribunal may exercise the powers of a civil court under clause (i) of sub-section (2) of section 40; 58(1) power of bureau to make regulations(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:— (f) the qualifictions for accredited energy auditors under clause (p) of subsection (2) of section 13; (h) certification procedure for energy managers under clause (r) of sub-section(2) of section 13; the schedule [see section 2(s)] list of energy intensive industries and other establishments specifed as designated consumers extract from the electricity act, 2003 (36 of 2003) part xi appellate tribunal for electricityestablishment of appellate tribunal110 the central government shall, by notification, establish an appellate tribunal to be known as the appellate tribunal for electricity to hear appeals against the orders of the adjudicating officer or the appropriate commission under this act ———— a billto amend the energy conservation act, 2010————(shri bharatsinh solanki, minister of state in the ministry of power)gmgipmrnd—808ls(s-5)—02032010 | Parliament_bills | 7cd448dc-4d63-5892-81eb-defe81a44a86 |
the institutes of technology bill, 1961(as introduced in lok sabra on 2jst novbmbd, 1961) arrangement of clauses chapter i preliminary clauses1 short title and commencement 2 declaration of certain institutions as institutions of national importance 3 definitions chapter ii the institutes4 incorporation of institutions 5 effect of incorporation of institutions 6 powers of institutes 7 institutes to be open to all races, creeds and classes 8 teaching at institute 9 visitor 10 authorities of institutes 11 the board of governors 12 tenn of office of, vacancies amo!lg, and allowances payable to, members of board 13 functions of the board 14 senate~ 15 functions of senate 16 chairman of board 17 director 18 deputy director 19 registrar 20 other authorities and officers 21 grants by central government 22 fund of the institute 23 accounts and audit 24 pension and provident fund clauses25 appointments 26 statutes; 27 statutes how made 28 ordinancesj 29 ordinances how made 30 tribunal of arbitration chapreriii the council31 establishment of council 32 term of office of, vacancies among, and allowances payable to, members of council 33 functions of council 34 chairman of council 35 power to make rules in respect of matters in this chapter chapter ivmiscellanilous 36 acts and proceedings not to be invalidated by vacancies, etc 37 power to remove difficulties 38 transitional provisions 39 repeal and savings the schedule - bm no 60 011,61 the institutes of technology bill, 1961 (as introduced in lok sabka) a billto declare certain institutions of technology to be institutions of national importance and to provide for certain matters connected with such institutions and the indian institute of technology, kharagpur be it enacted by parliament in the twelfth year of the republic of india as follows:- chapter i preliminarys 1 (1) this act may be called the institutes of technology act, short title 1961 and com- meuc:ement (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 he appointed for different provisions of this act 10 z whereas the objects of the institutions known as the indian declar,:tion institute of technology, bombay, the indian institute of technology, f:,~f~~':ns kanpur and the indian institute of technology, madras are such as as institution to make them institutions of national importance, it is hereby declar- ~~~ ed that each such institution is an institution of national importance is 3 in this act, unless the context otherwise requires,-definitions (a) "board", in relation to any institute, means the board of governors thereof; (b) "chairman" means the chairman of the board; (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 insti- - tute of technology (kanpur) society, the indian institute of technology, kanpur, and (iii) in relation to the society known as the indian institute of technology, madras, the indian institute of technology, madras; 10 (d) "council" means the council established under subsection (1) of section 31; (e) "deputy director", in relation to any institute, means the deputy director thereof; (f) "dir(!c1;or", in relation to any institute, means the direc- is tor thereof; (g) "institute" means any of the institutions mentioned in section 2 and includes the indian institute of technology, kharagpur, incorporated under ·the indian institute of technology (kbaragpur) act, 1956; 5 ot 1956• (h) "registrar", in relation to any institute, means the regis- ao trar thereof; (i) "senate", in relation to any institute, means the senate thereof; (j) "society" means any of the following societies registered 25 under the societies registmtion act, 1860, namely:-:ii of 11i1i0 (i) the indian institute of technology, bombay; (ii) the indian institute' of technology (kanpur) society; (iii) the indian institute of technology, madras; 30 (k) "statutes" and "ordinances", in relation to any institute, mean the statutes and ordinances of the institute made under this act chapi'er ii the institutis35 " (1) each of the institutes mentioned in section 2 shall be a ~~o::d- body cgrporate having perpetual succession and a common seal and t u tiona shau, 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 of the institute s on and from the commencement of this act,-btfec:t of incorporation (a) any reference to a society in any law (other than this :o~:tituact) or in any contract or other instrument shall be deemed as a reference to the corresponding institute; (b) all property, movable and immovable, of or belonging to a society shall vest in the corresponding institute; 10 (c) all the rights and liabilities of a soci~ty shall be transferred to, and be the rights and liabilities of, the corresponding institute; and 20 (d) every person employed by a society immediately before such commencement shall hold his office or service in the corresponding institute 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 it this act had not been passed, and shall continue to do so unless and until his employment is terminated or until such tenure, remuneration and terms and conditions are duly altered by the statutes: provided that if the alteration so made is not acceptable to such employee, his employment may be terminated by the institute in accordance with the terms of the contract with the employee or, if no provision is made therein in this behalf, on payment to him by the institute of compensation equivalent to three months' remuneration in the case of permanent employees and one month'~ remuneration in the case of other employees 30 ft (1) subject to the provisions of this act, every institute shall pow~n of exercise the following powers and perform the following duties, ~::!~ namely: -, ~ (a) to provide for instruction and research in such branches of engineering and technology, sciences and arts, as the institut·e 3s may think fit, and for the advancement of learning and dissemination of knowledg~ in such branches; (b) to hold examinations and grant degrees, diplomas and other academic distinctions or titles; (c) to confer h~norery degrees or, other distinctions; (d) to fb:, demand and receive fees and other charges; (e) to eltablilh maintain ;and manage halls and hostels for the residence of students; (f) to supervise and control the residence and regulate the discipline of students of the institute and to make arrangements s for promoting their health general welfare and cultural and corporate life; (g) to provide for the maintenance of units of the national cadet corps for the8tudents «the institute; (h) to institute academic and other posts and to make 10 appoidtmatl thereto {except in the case of the director); (i) to frame statutes and ordinanees and to titer, modify or rescind the same; i (;) to deal with any property belonging to or vested in the institute in such manner as the institute may deem fit for advanc- is ing the objects of the institute; (k) to receive gifts, grants, donations or benefactions from the goverdljledt and to receive bequests, donations and transfers of jnoi!i9ble 01' immovable pr0periie6 from testators, donors or transferors as the case may be; i 20 (l) to co-operate with educational or other institutions in any part of the world having objects wholly or partly similar to those of the inltitute by exehange of teachers and seholars and genen:lly in such manner al may be conducive to their common ~~; ~ (m) to institute and award fellowships, scholarships, exhibitions, prizes and medals; and (ft) to do all sueh things as may be neces&ll1'y, incidental or conducive to the attainment of all or any of the objects of the institute i 30 (2) notwithstanding anything contained in sub-section (1), an institute shall not dispose of in any manner any immovable property without the prior approval of the visitor te to 7 (1) every institute shall be open to persons of either sex and be open to all of whatever race, creed, caste or class, and no test or condition shall 3~ =sc:~ be impoaed as to religious belief or profession in admitting or appointing members, students, teachers or workers or in any other connection whatsoever i (2) no bequest, donation or transfer of any property shall be accepted iby any institute which in the opinion of the council involves conditions or obligations opposed to the spirit and object of this section i s 8 all teaching at each of the lmititutes shall be conducted by 01' ~hinl at in the name of the institute in accordance with the statutes and ::::-ordinances made in this behalf 9 (1) the president of india shall be the visitor ot inery visitor iiulti~t~' i 10 (2) the vismor may appoint one' or more persons to review the work and progress of any institute and to hold inquiries into the affairs thereof add to report thereon in nch· manner as the visitor may direct, i (3) upon receipt of any such report; the' visitor may take such is action and issue such directions as he colisiders necesshy in respect of any of the matters dealt with in the' report and the institute shall be bouncl to comply with nch direetions~ 10 the following shall be the authorities of an inati,tute, namely: -authorities of insti-(a) a board of governors; i tutes 20 (b) a senate; and i (c) such other authorities as may be declared by the statutes to be the authorities of the institute 11~ 'nle board' of an institute shall consist of the following persons, the board namely: -of governoli 2s (01) the chllirman, to be nominated' by the visitor; (b) the director, ex-officio; (c) one person to be- nomiftated by ~ government of each of the states comprisil'lg the zone in which the institute is situated, from aml»ng parsons who, in the opinion of that gov-30 ernment, are technologists or industrialists of repute; (d) four persons having speciel knowledge or practical experience' in respect of education, engineering or science, to be nominated by the council; and (e) two pilofesscmr of the idstitu~ to' be nominated by the 3s senate i ereplanaticm-in this' section, the '~on "zone" means a zone as for the time being demaycated by the aimndia'council for technical education for'the purposes of this act: " r= 01 we-12 (l) save as otherwise provided in this section, the term of ~:ilamong office of the chairman or any other member of the board shall be ~e8 pa;bi~- three years from the date of his nomination - 0 members of board (2) the term of office of an ex-officio· member shall continue so long as he holds the office by virtue of which he is a member 5 (3) the term of office of a member nominated under clause (c) of section 11 shall be two years from the 1st day of january of the year in which he is nominated i (4) the term of office of a member nominated to fill a casual vacancy shall continue for the remainder of the term of the member 10 in whose place he has been nominated (5) notwithstanding anything contained in this section, an outgoing member shall, unless the council otherwise directs, continue in office until another person is nominated as a member in his place (6) the members of the board shall be entitled to such ellow- is ances, if any, from the institute as may be provided for in the statutes but no member other than the persons referred to in clauses (b) and (e) of section 11 shall be entitled to any salary by reason of this sub-section functionaof 13 (1) subject to the prov:isions of this act, the board of any 20 the board institute shall be responsible for the general superintendence, direction and control of the effairs of the institute and shall exercise all the powers of the institute not otherwise provided for by this act, the statutes and the ordinances, and shall have the power to review the acts of the senate ' 25 (2) without prejudice to the provisions of sub-section (1), the board of any institute sball-i (a) take decisions on questions of policy relating to the administration and working of the institute: (b) institute courses of study at the institute; 30 (c) make statutes; (d) institute and appoint persons to academic as well as other posts in the institute; ! (e) consider and modify or cancel ordinances; (f) consider and pass ~olutions on the annual report, the 35 annual accounts and the budget estimates of the institute for the next financial year as it thinks fit and submit them to council together with a statement of its development plans; (p) exercise such other powers and perform 'such other duties as may be conferred or imposed upon it by this actor the stwtes (3) the 'board ·shall have the power to appoint such committees 5 as it considers necessary for the exercise of tts powers -and the"performance of its duties under this act ,14; the ,senate·of itacl1,iastiiute slilau' consist ,of the following sedate per5$1ls;' _mely:-(a) the director, e:x:o{ficio,whoshall be the chairman of 10 the senate;' (b) the ~l,lty director, ~:x:-:()tjicio; (c) the pr-ofeilors"'p~lor l'~sed:8si ~h·by':lthe institute' for - ithe : ,purpose of impartidg iqtl1lction lin ·the institute: is (d)· thteepersons, not being eqji)lo~ees ·of ,the ,institute, to be nomiuated·bythe claairj;danin consultation withthedireqtor, from a~g edu~tio~ists of repute, one each from the fields of science, engineering and humanities~ and (e) such other members of the staff as may be laid down in 20 the ·statutes 15 subject to the provisions of this act, the'-statutes and the pullctior of orciimnces, :tlte stfilateofl,qll ·institutedshalt bave"the ~n'rol and senate - i,eneral regu}atia~ -dbe ~spodsibleforthe rualnt~e: of ~tandards of instruct ion, education and examination in the institute and 25 shall exercisesuchother powersand;perf,orm such otaer ciumes as may ·be confet"redor imposed upon' it by the,statutes ,,16 (1) the chairman shall ordinl3rily ~esuie! at the meetings chairman of of the board and at the codtvocations of the institute board (2) ·it:n1all be, the @,tyofthe chaipnan to ;~ure tbat thp 3'::> decisions taken by the board are implemented (3) "the' chairman shall, sereise sueh other -powers -and perform such ·otlaerduties: as 'may be assigned to him by this act or the statutes 17 (1) the director of each institute shall be appointed by the director 35 council with the prior approval of the ·v4sitor (2) the director shall be the principal academic and executive officer of the institute and'shall be ·responsible for the proper administration of thel institute· and' for:' tlte imparting· of 1nstmction ,and maintenance of, disci~line therein, i (3) the director shall submit annual reports and accounts to the board (4) the director shall exercise such other powers and perfonn such other duties as'may be assigned to him by this act or the statutes or c>rdulances s =~ 18 the deputy director of each institute shan be appointed on such tenns and conditions as may be laid down by the statutes and shall exercise such powers and perfonn such duties as may be assigned to him by this act or the statutes or by the direction llesiltrar 19 (1) the registrar of each institute shall be appointed on 10 such terms and conditions as may be laid down by the statutes and shall be the custodian of records, the common seal, the funds of the institute and such other property of the institute as the board shall commit to his charge (2) the registrar shall act as the secretary of the board, the 15 senate, and such committees as may be prescribed by the statutes (3) the registrar shall be responsible to the director for the proper discharge of his functions (4) the registrar shan exercise such other powers and perform such other duties as may be assigned to him by this act or the statutes 20 or by the director ~thor u~ zoo the powers and duties of authorities and officers other than o:rs a those hereinbefore mentioned shall be detennined by the statutes g;uu: by 21 for the purpose of enablidg the institutes to discharge their g!ernment functions efftclently under this act, the central government may, 25 after due appropriation made by parliament by law in this behalf, pay to each institute in each financial year such sums of money and in such manner as it may think fit | pund | of ||------------------------------------------------------------|------------|| the | || z2, | (1) every || iaatitutc | || credited- | || 30 | || (a) | || all moneys provided by | the || (b) all fees and other charges received by | || the | institute; || (c) | || all moneys received | by || gifts, donations, benefactions, bequests or transfers; and | || (d) all moneys received by | || the | institute || in | || any | other 35 || manner | or |(2) a1l moneys credited to the fund of any institute shall be deposi~ed in such banks or invested in such manner as the institute may, with the approval of the central government, decide (3) the fund of any institute shall be applied towards meeting the expenses of the institute including expenses incurred in the exercise of its powers and discharge of its duties under this act 23 (1) every institute shall maintain proper accounts and oth~r ~ti and· s relevant records and prepare an annual statement of accounts, including the balance-sheet, in such form as may be prescribed by the central government in consultation with the comptroller and auditor-general of india (2) the accounts of every institute shall be audited by the 10 comptroller and auditor-general of india and any expenditure incurred by him in connection with such audit shall be payable by the institute to the comptroller and auditor-general of india (3) the comptroller and auditor-general of india and any person appointed by him in connection with the audit of the accounts of j s any institute shall have the same rights, privileges and nuthority in connection with such audit as the comptroller and auditor-general of india has in connection with the audit of the government accounts, and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other 20 documents and papers and to inspect the offices of the institute (4) the accounts of every institute as certified by the comptroller and auditor-general of india or any other person appointed by him in this behalf together with the audit report thereon shall be forwarded annually to the central government and that govern-2s ment shall cause the same to be laid before each house of parliament m (1) every institute shall constitute for the benefit of its em- podiiod ad4i ployees, including the director, in such manner and subject to such c~dedt conditions as may be prescribed by the statutes, such pension, in-30 surance and provident funds as it may deem fit 19 of i92s(2) where any such provident fund has been so constituted, the central government may declare that the provisions of the provident funds act, 1925 shall apply to such fund as if it were a government provident fund 3s 25 all appointments on the staft of any institute, except that appolntof the director, shall be made in accordance with the procedure laid diedte down in the statutes, by-(4) the board, if the appointment is made on the academic staft in the post of lecturer or above or if the appointment is mad:t icii:the noi1"8luldemic i 3taff in i any ·cad~ the'm8ldmumot the pay'~aale for wtlich 'exee-eds ·iix ,hundred, rupees penntmthj (b) by the director, in any other case statutes 26' subject to the provisions of this act, the statutes may provide' for all' 'or any of 'the following matters, namely:~ s (4) ,the-'canfeiment of honorary' deg1'l!es; (b) the formation of departments of teaching; (c) lthe-fees to' be '1:harged fdr' ct)urses 'of study'in the irtsti-tu~"&aafdr 'admlsslon' to·theexaminatibns of idegrees 'and 'dip: 10ri, onhe~irlstitute~ jo (d) the institution of fellowships, scholarships, exhibitions, rneaale«nd prijies~ (e)tbe term of 'offi~e and the method of appointment of ofti"t'!ers of the institute; (f) the qualifications' of teachers of the institute; is (g) the' classification, the method of appointment and the determirtation of the terms and conditions of 'service of, teachers and other staff of the institute; (h)) th~ cltmtitutian ·of '·pension, insurance and 'provident funditforthe-, benefit of 'the ;ofb~ers;' teaehm and other·staff·cf·20 the "institute;' (i) the constitution; powers and duties of the a1lthorities of the institute;" (j) the establishment and maintenance of halls and hostels; (k)the" cenditions·of 'residenee of students iof the htstitl1te 25 and the levyingucf ·fees for residence, in· ,the- hall ;and"'holltejs: ' and·-of·other cha~geij;' (l) the mannet' of filling va«arcies'amongmemhers ·of tht' board; (m) the allowances to be,:paid to ,the chainnanarut mem 30 hers ~fthe board; (11) the authentication of the orders ';ard deeisions· of the board; (i\) the' jrt~tings·of the board, the senate, or any committe4!!; thequoruh1' at such 'meetings and the' procedure to be 3s followed in the conduct of their business; (p~ any other mattel',whl ··by·;thls aet'ilj to· b-or may be preserlbed :by' the' statutea' 2'7:1 (1) the fitrt statutes of each iristituteshah be framed by'the 'statutes ho couneil' with 'the -previous 'approval of the visitor' and a copy' of the made same lihall be-laid 'as soon as may' be befdre' each hbuse oi'parlia-' ment 5 (2),the,&ard"may, from'time·to timej make new· or ,additional statutes or· may "amend, -or rep"l the statutes -in, the manner ,here--after in "this' seeman ;provideci (3)j le\-ery new statute or ·additian to the statutes 'or any' amend-' ment"or-'repeal- of"astatute 'shallrequir(> the previous approval of ' 10 the visitor who may assent thereto or withhold assent or' remit it· to the board ,·for lcansidention (4) a new statute or a statute amending or repealing'an'existing , statute, shall have no validity unless: it, bas been qltieiltedto" by <the \ visitor, 15 28 subject to the provisions of this act and the statutes, the ordinances ordidanolslof··:ehlinsltitqt~ may prov~, far all or any of, the, following matters, namely:-(a) ,the admission! i()f the ! stud8lllts ,to the institute, (b) the courses of study to be laid down for all degrees 20 and diplomas of the institute; (c) the conditions under which students shall be admitted to the degree or diploma courses' 'and to the examinations of the·inatitute,ard shall be eligibledor degrees ·amd dipldmu; (d) 'the condititms of 'award of the fellowships, scholarships; exhibitions, mecism 'and prizes; (e) 'the conditions and mode of appointment 'and duties of examining bodies, examiners and moderators; (f) the conduct of' exanrtna~ns; (g) the maintenance of discipune ,among the students of the institute; and 30 (h), any other ,matter which by· this act or· the, statutes is to be or may be provided for by the ordinances au (1) sqved'otherwise 'pravided' 'in this section; ordinances ordin8llce1 shall be made by the senate how made - 35 (2) all ordinances made by the senate shall have effect from such date as it may direct, but every ordinance so made shall be submitt~ij d' 1i00ft'bs-'may i b~;' to 'the' boat'd and 'shall "be considered by the board at its next succeeding meeting (3) the board shall have power by resolution to modify or cancel any such ordinance and such ordinance shall from the date of such resolution stand modified accordingly or cancelled, as the case may be tribunal of arbitration 38 (1) any dispute arising eut of a contract between an institute 5 and any of its employees shall, at the request of the employee concerned or at the instance of the institute, be referred to a tribunal of arbitration consisting of one inember appointed by the institute, one member nominated by the employee, and an umpire appointed by the visitor 10 (2) the decision of the tribunal shall be final and shall not be questioned in any court (3) no suit or proceeding shall lie in any court in respect of any matter which is required by sub-section (1) to be referred to the tribunal of arbitration los (4) the tribunal of arbitration shall have power to regulate its own procedure (5) nothing in any law for the time being in force relating to arbitration shall apply to arbitrations under this section chapter iii20 the councilbit_bulh-iiicdt of coiidcil 31 (1) with effect from such date sa the central government may, by notification in the official gazette, specify in this behalf, there shall be established a central body to be called the council (2) the council shall consist of the following members, namely:--25 (a) the minister in charge of technical education in the central government, ez officio, as chairman; (b) the chairman of each institute, ez officio; (c) the director of each institute, ez officio; (d) the chairman, university grants commission, ez 30 officio; (e) the director-general, council of scientiftc and industrial research, ez officio; <f) the chairman of the council of the indian institute of science, b!lngalore, ez officio; :,c; (1/) the director of the indian institute of science, bangalore, ez officio; (h) three persons to be nominated by the central government, one to represent the ministry concerned with technical education, another to represent the ministry of finance and the third to represent any other ministry; 5 (i) one person to be nominated by the all-india council for technical education; 10 (j) not less than three, but not more than five, persons to be nominated by the visitor, who shall be persons having special knowledge or practical experience in respect of education, industry, science or technology; (k) three members of parliament, of whom two shall be elected by the house of the people from among its members and one by the council of states from among its members (3) an officer of the ministry of the central government con-is cerned with technical education shall be nominated by that government to act as the secretary of the council 32 (1) save as otherwise provided in this section, the term of term o~ office of a member of the council shall be three years from the date =e~' vi-of his nomination or election, as the case may be amolls,lnd allowance 20 (2) the term of office of an ex-officio member shall continue so pay~ to, long as he holds the office by virtue of which he is a member c~uncii~ 01 (3) a member of the council referred to in clause (h) of subsection (2) of section 31 shall hold office during the pleasure of the central government 25 (4) the term of office of a member elected under clause (k) of sub-section (2) of section 31 shall expire as soon as he ceases to be a member of the house which elected him (5) the term of office of a member nominated or elected to fill a casual vacancy shall continue for the remainder of the term of the 30 member in whose place he has been nominated or elected (6) notwithstanding anything contained in this section an outgoing member shall, unless the central government otherwise directs, continue in office until another person is nominated or elected as a member in his place 35 (7) the members of the council shall be paid such travelling and other allowances by the central government as may be determined by that government, but no member shall be entitled to any salary ~by reason of this sub-section pwlctiona"of :33 (l) it-ilhall be,the - -eral duty i)f:the g~il to co-ordinate council thet:acuvities~f all the ·itlstitutes (2)"without prejudice to the prgvisions of sub-section (1), the council shall perform the' following functions, namely:-(a) to advise on matters relatij)g to the, duration of the 5 courses, the degrees and other academic distinctions to be con· ,femoeci by the lnstitutes",admisswnstandards and other academic raatters; (b) to lay down policy regardiqg cadr~s, methods of recruit· ment and conditions of service of employees, institution of 10 ,scholus4ips·,and beeships,rlevyjng of ·fees and other matters of ·ooiilfl1gnijlteltest; (c) to examine the development plans of each institute and , t(hmjpl'~e such· of them ·as are -gnlsidered reeeuary, and also to -inliicate broadly: ·the·financial implications of streh, apprqwd is plans; (d) to examine the annual b~dget estimates of each institute and to recommend to ·the 'central'government the allocation of funds for that purpose; (e) to advise the visitor, if so l'equired,in respect of any 20 function to be performed by him under this act; and (i), t~ perform mlch· qtltell' fwlctiodsj ra~ fil'~·,il'led ~ it by or udder this,act ' chllinnan, of 3( (1) the chairman of the councilshall ordinarily preside at rouncil the meetings of the council 2s (2) it shall be the duty;of thej~hairman ofthe c-ueultcj _sure that the decisions taken by the council are iillplemented (3) , the cbairman:labau exercise: such other' powers and periorm such 0fa!lel" duties asare 8ssigaed to rum, by this-act power to ; 35 '(1) the central government may ·make rules to carry out the 30 make rule in'purposes of ,this chapter : re'pectof ~tt~~i;er (2) in particular and without prejudice to the geoera1ity of, the foregoing power, such rules may provide for all or any of the following matters, namely:-(a)the manner of'filling vacanoiesamong the'membe'rs of 35 the council; (b) ;the: disqualifications for beidg chosen as, al'ld- ft!' being, a member of the colmcu; , (c) the circumstances in which, and the authority by which, memben; may be removed; 5 (d) the meetings of the council and the procedure of conducting business thereat; (e) the travelling and other allowances payable to members of the council; and ' <f) the functions of the council and the mqner in which 10 such functions may be exercised - chapter iv miscellaneous36 no act of the council, or any institute or board or senate or actlandproany other body set up under this act or the statutes, shall be invalid :~:l=~~ is merely by reason of-'datedbyvacanc:iet, etc - (a) any vacancy in, or defect in the constitution thereof, or (b) any defect in the election, nomination or appointment of a person acting as a member thereof, or (c) any irregularity in its procedure not affecting the merits of the case 20 37 if any difficulty arises in giving effect to the provisions of this power to act, the central government may, by order published in the official ~de •• gazette, make such provision or give such direction not inconsistent with the purposes of this act, as appears to it to be necessary or 2s expedient for removing the difficulty 30 38 notwithstanding anything contained in this act,-tnlllitionil provialodi (a) the board of governors of an institute functioning as such immediately before the commencement of this act shall continue to so function until a new board is constituted for that institute under this act, but on the constitution of a new board under this act, the members of the board holding office before such constitution shall cease to hold office; 3s (b) any academic council constituted in relation to any institute before the commencement of this act shall be deemed to be the senate constituted under this act until a senate is constituted under this act for that institute; (c) until the fu:st statutes and the ordinances ,ate ~de under this act, the statutes and 'ordinances of the indian institute of technology, kbaragpur as in force immediately before the commencement ot this ~t spall cqn~in~e to pply to that institute and shall, with the' necessary modifications and a~pta- ~ tions, also apply to any other institute, in so far as t¥y are not inconsistent with ihe provisions of ~is act ' , repeal add 31 (1) the indian institute of 1l'echnology (kharagpur) act, 1~56 501,956• ~vina'; is hereby repealed ' (2) notwithstanding such repeal, the proyisions of the said act 10 ~et out in the schedule shall continue to have 'effect: ' ' - provided that in the said provisions, the expression "this a:~" means the said ~ro~sio~' ' , ' (see section 39)provisions of the indian institute of technology (kbaragpur) act, 1956, continued in force ; 2 whereas the objects of the institution lmown as the indian ~~~~c:il institute of technology at kharagpur in the district of midnapore in insulutcof the state of west bengal are such as to make the institution one of ~:~o:) national importance, it is hereby declared that the institution known ~ an inatilu-as the indian institute of technology, kharagpur, is an institution of :tic!~ 10 national idiportance importance 3 in this act, unless the context otherwise requires,-=-nc81litiolll (b) "board" means the board of governors of the institute; (c) "chairman" means the chairman of the board; (e) "director" means the director of the institute; (g) iiinstitute" means the institute known as the indian institute of technology, kharagpur, incorporated under this act 4 (1) the first chairman, the first director and the first members illc:orporaof that board who shall be the persons appointed in this behalf by lioll the central government, by notification in the ofticial gazette, and 20 all persons, who may hereafter become or be appointed as officers or members of the board, so long as they continue to hold such office or membership, are hereby constituted a body corporate by the name of the indian institute of technology, kharagpur (2) the institute shall have perpetual succession and a common ~5 seal, and shall sue and be sued by the said name s (1) subject to the provisions of this act, every person who is permanently employed in the indian institute of technology at =c~f of kharagpur immediately before the commencement of this act shall, aistinj em-qn and from such commencement, becon:te an employee of the insti- ~~~~~ ~o tute and shall hold his office or service therein by the same tenure, inltilu!t of at the same remuneration and upon the same terms and conditions -:;e~~ and with the same rights and privileges as to pension, leave, gratuity, put provident fund and other matters as he would have held the same on the date of commencement of this act if t,qis act had not been passed (2)notwithstanding anything contained in sub-section (1), the institute may, with the prior approval of the visitor, alter the terms and conditions of any employee specified in sub-section (1), and if the alteration is not acceptable to such employee, his employment may be terminated by the institute in accordance with the terms of the s contract with the employee or, if no provision is made therein in this behalf, on pa~nt to him by the lnstitu~ of compensation ·equivalent to three months' remuneration (3) ery pemm employed in the' incuanmstitute ()f'tdnmogy at- kharagpur otberthan any such panlon as is referred to kl bub- 10 8ection (1) • hau, on aild'from the commeneement of tbis'aet, become ·an ployee of the"insutute upon stlth terms and cendlttodj as may be pztovided for ill the statutes, and until such provl&ion is made, ~ the terms and conditions applicable to him immediately b6fore weh commencement is r statement of objects and reasonsin order to provide facilities on an extenaiw scale fer postgraduate courses, advanced work and research in the various banclles of science, engineering and technology, for whicb faei1iues in the cowltry were inadequate, the sarker committee recommended id 1945 that four institutions on the lines of the famous musachujetts iditi tllte of technology, usa be established, one in each of tiae four regions of the country government accepted this recommendation and the first institution named as the indian institute of technology, kharagpur startetl'ln 1950 in the eastern region as a g&verniftent in· stitution although situated in the east, it 'bas tunettoned as an all india institution in consonance with the original decision that these institutions should be open to students from all parts of the country later, the institute at kharagpur was declared by parliament as an institution of national importance under tbe indian institute of technology (kbaragpur) act, 1956 the act came into force on the 1st april, 1957 and the institute has ·been since functioning as an autonomous body corporate' 2 the three other institutions named as the indian institute of technology, bombay, the indian institute of technology, madras, and the indian institute of technology, kanpur were started in 1958, 1959 and 1960 respectively and were registered under the soct ties registration act 1860 all the four institutions provide mt degree courses in addition to facilities for post·graduate studies and advanced research this requires and provides cooperation between work at the post-graduate level and the ftrst degree level for the mutual benefit of both and also results in full utilisation of the facilities created in these institutions they aim at training per· sonnel who will combine the highest technical competence with broad human sympathy as well as a practical outlook and awarness of the social implications of planning the institutes have already succeeded in creating an atmosphere which instils in the minds of students a spirit of objective enquiry and a sense of purpose and are helping them develop a balanced and integrated personality 3 one of the important tasks of the institutions is to meet the present and future needs of industry and technology they therefore have an individuality and purpose of their own distinct from' those of a university the broad objectives of the four institutes are the same, although in their actual working, there will be difterence of emphasi5 011 separate fields, particularly at the advanced level& the bill seeks (i) to retain the individuality of the instituticns by declaring them institutions of national importance under article 246, read with 7th schedule, list i, entry 64 of the constitution; (if) to bring in the indian institute of technology, kharagpur, which has already been so declared and incorporated by an act of parliament, within the ambit of the proposed act, and (iii) to make provision for the coordination and regulation of the affairs of the four institutes the institutes will have the power to grant degrees, diplomas and other academic distinctions as at present possessedbr the indian institute of technology, kharagpur new deud; i humayun kabilt the 13th november, 1961 financial memorandumthe bill contemplates the declaration of the indian institute of technology, bombay, the indian institute of technology, madras, and the indian institute of te~ology, ~npur, as bodies corporate 1~ ~o contejll~lates br~nging in the indian institute of technology, ~aragpur, which has already been so declared and incorporat~ br 8!l act of parliament, within the ambit of the proposed act 2 the instit~tes will maintain the departments covering varioui fields of science, eng41eering and technology for training of techni~ cal personnel finances required by them for exe~ise of their powers and discharge of their functions shall be payable by tqe pentral qove~ent in the shape of grants-in-aid each yea~ at t~ stage it is no~ possible to frame an accurate estiinate of the man,:: ~ow:er:~ equipment, etc needect to enable the institutes to exercise ~heir powers and discharge the functions provided under the bill but, since the development of the institutes will be according to the pro~ ~als 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 each institute as determined! by the govermnent to fulfil its obligation to the industrial need's of the nation the indian institute of technology, kharagpur, since its inception in 1950, has incurred an expendi ture of about rs 5· 84 crores on buildings (including those for the residence of students and members of the staff) and equipment ujlto the end of the second plan period and proposes to spend another bs 1· 6 crores during the third plan period on these items having regard to the fact that eosts of building and equipment have risen considerably, it is estimated that the non-recurring cost on each of ether three institutions will be of the order of about rs 8 crores the annual recurring expenditure of the indian institute of technology, kharagpur'reached a level of rs 65 laims in 1960-61 (the last year of the second five year plan) and is expected to be of the order of :as 85-90 lakhs in 1965-66 3~ the (ollowing budget provisions has been made for grants-in--aid'to the institutes during the year 1961-62 under demand no 81-s~el ii ca for eaeb of the institutions:-(in lakhs) ri 131·36 rs 137·211 indian institute of technology, kharagpur lndian institute of technology, bombay funds to be mac:le·a¥aijable in the buibeequent years will be determ mined each year the total provision made for grants-in-aid to the four ibltitutiona during the thinl five year plad (apcll, 1981 to 14u'c:h 1966) is& lj' oa, croftjb 4 the institutes han been empowered to receive grants, gifti dgftaticms, beftefaetions, bequests or transfers from private bodies or indfriduali 5 all monies placed at the disposal of each of the institutes will eanstttute the fund of the respective institute and will not lapse at the e!ld of the -year it all be taken into account in making funds anuable to the respective institute in subsequent years memorandum regardilvg delegatto legistationclause 27 of the bill empowers the council to frame, with the previous approval of the visitor (president of india), the first statutes of each institute in respect of matters specified in clause 26 the board of governors of each institute has been empowered by this bill to amend, repeal or add to any of the statutes thus made by the council the matters in respec~ of which the statutes may be made inter alia relate to the conferment of honorary degrees; the formation of departments of teaching; the fees to be charged for courses of study and for admission to examinations; the institution of fellowships, scholarships, exhibitions, medals and prizes; the term of office, the method of appointment and the conditionsof service of officers, teachers and other staff of the institute; the constitution of pension, insurance and provident funds for the benefit of the employees of the institute; the constitution, powers and duties of authorities of the institute; the manner of filling vacancies among members of the board and the allowances payable to them; and the meetings of the board, the senate or any committee and the procedure to be followed in the conduct of their business it is not possible at this stage to provide for these matters especially in the bill the bill, however, prescribes that all such statutes will be operative after the visitor has approved them 2 clause 29 of the bill empowers the senate of each institute to make ordinances consistent with the provisions of the act rnd the statutes the matters in respect of which such ordinances may be made are specified in clause 28 they inter alia relate to the admission of students to the institute; the courses of study to be laid down for degrees and diplomas of the institute and the conditions under which students shall be admitted to degree or diploma courses and to examinations of the institute; the conditions of award of fellowships, scholarships, medals and prizes; the conditions and mode of appointment and duties of examining bodies; the conduct of examinations and the maintenance of discipline among students of the institute 3 clause 35 of the bill empowers the central government to make rules in respect of matters specified in that clause these matters relate to the manner of filling vacancies among members of the council, the disqualulcations for being such member, meetings of the council and the procedure of conducting business thereat, the allowances payable to members, and the functions of the council 4 the delegation of legislative power is of a character normal to such acts a bill to declare certain institutions of technology to be institutions of national importance and to provide for certain matters connected with such institutions and the indian institute of technology, kharagpur the president has, in pursuance of clause (3) of article 117 of the constitution of indja, recommended to lok sabha, the con~ideration of the bill m n kaul, secretary (shri humayun kabir, minister of scientific research and cultural affairs) | Parliament_bills | 8cd30632-e893-5a58-a76d-118fde44a6a9 |
statement of objects and reasonsparagraph 9 of the punjab 'memorandum of settlement signed at new delhi on the 24th july, 1985 provides as follows: - "9 1the farmers of punjab, haryana and rajasthan will continue to get water not less than what they are using from the ravi-beas system as on 1-7-1985 waters used for consumptive purposes will also remain unaffected quantum of usage claimed shall be verified by the tribunal referred to in para 92 below; 92 the claim of punjab and haryana regarding the shares in their remaining waters will be referred for adjudication to a tribunal to be presided over by a supreme court judge the decision of this tribunal will be rendered within six months and would be binding on both parties, all legal and constitutional steps required in this respect be taken expeditiously" 9 the tribunal contemplated under paragraph 9 of the punjab settlement could not be set up earlier due to certain unavoidable administrative reasons ag the intention was to give effect to all the terms of the punjab settlement from the 26th january, 1986, the ravi and beas waters tribunal ordinance, 1986 (2 of 1986) was promulgated by thes president-on the 24th january, 1986 so as to enable the constitution of the ravi and beas waters tribunal to give effect to the provisions of paragraph 9 of the punjab settlement the tribunal under the provisions of the ordinance has also been set up on the 25th january, 1986 3 the bill seeks to replace the aforesaid ordinance new delhi; the idth february, 1986 - b, shankaranand ¢ financial memorandumclause 3 of the bill provides for the constitution of a tribunal to be known as the ravi and beas waters tribunal consisting of a single member for the verification and adjudication of the matters referred to in paragraph 9 of the punjab settlement sub-clause (3) of that clause also provides that the said tribunal may appoint two or more persons _as assessors to advise it in any proceeding before it sub-clause (4) of that clause further provides that the presiding officer of the tribunal and the assessors appointed under sub-clause (3) shall receive such remuneration, allowances or fees as may be specified by the central 'government 2 sub-clause (2) of clause 6 enables the said tribunal to carry out such surveys and investigation as may be considered necessary by it for the verification or adjudication of the matters referred to it 3 in additior to the presiding officer of the tribunal and the assessors, certain posts will be required for a period of six months to | assist the tribunal in its functioning 4 the total expenditure involved in the functioning of the said tribunal for six months has been assessed at rs 2525 lakhs the said expenditure will be charged to "non-plan" head and will be accounted for under major-head 296 of the ministry of water resources the said expenditure will be met through by supplementary grant to be obtained for the said ministry 5 the bill will not involve any other recurring or non-recurring expenditure | Parliament_bills | b8c96479-b88d-5c71-978e-57661c5f8466 |
bui no· 157 ~ 1990 - the constitution (seventy-fifth amendment) bill, 1990 ii bill further to amend the constitution of indiabe it enacted by parliament in the forty-first year of the republic of india as follows:-1 this act may be !:alled the constitution (seventy-fifth amend-short ment) act, 1990 title 2 in article 356 of the conshtution in clause (4), in the third pro-viso, for the words "three years nnd six months", the words "four years" shall be substituted ament!-ment ·o~ flrtlc1e 356 statement of objects and reasonsunder clause (4) of article 356 of the constitution no proclamation issued under that article and approved by both the houses or parliament shall remain in force {'or more than three years however, under clause (5) of the said article, a resolution approving the continuance in force of a proclamation issued under clause (1) of that article beyond a period of one year cannot be passed by either house of parliament unless the two conditions relating to a proclamation of emergency being in operation in the whole or any part of the state and the certificate by the election commission that the continuation of the proclamation issued under clause (1) is necessary on account of difficulties in holding general elections to the legislative assembly of the state as specified in that clause are met the three year period in the case of proclamation issued on 11th may 1987 w:th respect to the state of punjab was extended to three years and six months by the constitution (sixty-fourth amendment) act, 1990 and clause (5) of article 356 was also suitably amended by that act in the expectation that it would be possible to hold elections to the lt>gislative assembly of that state the prevailing circumstan~es in the state however still do not hold out prospects for free and peaceful elections to the state legislative assembly clause (4) of article 356 of the constituuon is, therefor~, proposed to be amen~ed ~o as to facilitate the extension of the said proclamation up to a total period of four years in relation to the state of i'unjab 2 the bill seeks to achieve the above objects mufti mohammed sayeed '" '" '" '" '" 356 (1) '" '" '" '" '" (4) a proclamation so apprcved shall, unless revoked, cease to operate on the expiration of a period of six months from the date of issue of the proclamation: provisions in case of failure of constitutional machi· nery in states provided that if and so often as a re~olution approving the continuance in force of such <l proclamation is passed by both houses of parliament, the proclamation shall, unless revoked, continue in force for a further period of six montha from the date on which under this clause it would otherwise have ceased to operate, but no such proclamation shall in any case remain in force for more than three yl'ars: provided further that if the dissolution of the house of the people takes place during any such period of six months and a resolution approving the continuance in force of such :froclamation has been passed by the council of states, but no l'esolutioa ~th respect to the continuance in force of such prorlamation has been passed by the house of the peopje during the said peribd, tl\e'~l~t!tm shall cease to· operate at the expiration of thirty days from the date on which the house of the people first sits after its reconstitution unless before the expiration of the said period of thirty days a resolution approving the continuance in force of the proclamation has been also passed by the house of the people: provided also that in the case of the proclamation isaued under tja1ls8 ·f1) on the 11th day of may, 1987 with respect to the state of punjab the reference in the fll"st proviso to this clause to "three years" , ths" shall be construed as a reference to "three years and six mon - - - - - a bill further to amend the constitution of india " , , ,';' (shri mufti mohammed sayeed; minister of home affairs) | Parliament_bills | decbe23f-2aa2-5fe4-81ec-380ebbaaa265 |
bill no 119 of 2016 the high court of uttarakhand (establishment of a permanent bench at haridwar) bill, 2016 by dr ramesh pokhriyal 'nishank', mp a billto provide for the establishment of a permanent bench of the high court of uttarakhand at haridwarbe it enacted by parliament in the sixty-seventh year of the republic of india as follows:—short title1 this act may be called the high court of uttarakhand (establishment of a permanent bench at haridwar) act, 2016establishment of a permanent bench of the high court of uttarakhand at haridwar2 there shall be established a permanent bench of the high court of uttarakhand atharidwar and such judges of the high court of uttarakhand, being not less than three in number, as the chief justice of that high court may from time to time nominate, shall sit at haridwar in order to exercise the jurisdiction and power for the time being vested in that high court in respect of cases arising in the districts of haridwar, tehri, dehradun, uttarkashi, pauri, rudraprayag and chamoli statement of objects and reasonsjudiciary is an important pillar on which indian democracy rests when a person gets no relief from other quarters, judiciary is often his last resort but even in judiciary, in view of the large number of pending cases, there is not much possibility of getting speedy justice if justice is delayed, it amounts to denial of justice the population of uttarakhand is around 10,086,292 according to 2011 census out of total thirteen districts, seven districts fall in garhwal region the garhwal region includes haridwar, tehri, dehradun, uttarkashi, pauri, rudraprayag and chamoli districts having a population of around fifty-nine lakh the people living in these areas have to travel hundreds of kilometres to pursue their cases this is a painstaking, time consuming and costly exercise there has been a long pending demand to establish a bench of the high court of uttarakhand at haridwar with a view to dispensing speedy justice to the people living in the garhwal region of uttarakhand the establishment of a permanent bench of the high court of uttarakhand at haridwar will fulfil the needs to the people of the areahence this billnew delhi;ramesh pokhriyal 'nishank'april 11, 2016 lok sabha———— a billto provide for the establishment of a permanent bench of the high court of uttarakhand at haridwar————(dr ramesh pokhriyal 'nishank', mp)gmgipmrnd—169l(s3)—02052016 | Parliament_bills | cdf783db-8a31-564d-a8cb-d14c6d38699e |
bill no 120 of 2011 the arms (amendment) bill, 2011 a billfurther to amend the arms act, 1959be it enacted by parliament in the sixty-second year of the republic of india as follows:—1 (1) this act may be called the arms (amendment) act, 2011 (2) it shall be deemed to have come into force on the 27th day of may, 1988 statement of objects and reasonsthe arms act, 1959 provides for the law relating to arms and ammunition 2 existing provisions contained in section 7 of the arms act, 1959, inter alia, prohibits acquisition or possession, or of manufacture or sale, of prohibited arms or prohibited ammunition unless one has been specially authorised by the central government in this behalf sub-section (3) of section 27 of the arms act, 1959 provides that whoever uses any prohibited arms or prohibited ammunition or does any act in contravention of aforesaid section 7 and such use or act results in the death of any other person, shall be punishable with death the provisions contained in sub-section (3) of aforesaid section 27 of the arms act, 1959 provides imposition of mandatory sentence of death3 the constitutional validity of sub-section (3) of aforesaid section 27 of the arms act, 1959 has been challenged before the hon'ble supreme court in the state of punjab vsdalbir singh (criminal appeal no 117 of 2006) and is pending before the hon'ble supreme court earlier, the hon'ble supreme court in mithu vs state of punjab (1983/2 supreme court cases 277) while adjudicating the constitutional validity of section 303 of the indian penal code (which provided mandatory punishment of death to a person who being under sentence of imprisonment for life commits murder) held that imposition of mandatory sentence of death on commission of murder while undergoing life imprisonment in jail or outside jail when on parole, without giving any scope for application of judicial discretion considering facts and circumstances of each case, was, harsh, oppressive and unjust4 in view of the foregoing paragraph, it is proposed to amend sub-section (3) of aforesaid section 27 of the arms act, 1959 to provide that whoever uses any prohibited arms or prohibited ammunition or does any act in contravention of section 7 and such use or act results in the death of any other person, shall be punishable with death or imprisonment for life and shall also be liable to fine instead of mandatory sentence of death only5 the hon'ble supreme court in the state through cbi, delhi vs gian singh (1999/9supreme court case 312) held that it is a fundamental right of every person that he should not be subjected to greater penalty than what the law prescribes, and no ex post facto legislation is permissible for escalating the severity of the punishment but if any subsequent legislation would downgrade the harshness of the sentence for the same offence, it would be salutary principle for administration of criminal justice to suggest that the said legislative benevolence can be extended to the accused who awaits judicial verdict regarding sentence it is further proposed to give retrospective effect to the amendment proposed in the preceding paragraph with effect from the 27th may, 1988 so as to cover the pending criminal appeal no 117 of 2006 referred to in paragraph 3 above6 the bill seeks to achieve the above objectivesnew delhi;p chidambaramthe 17th november, 2011 annexure extract from the arms act, 1959(54 of 1959) 27 (1) punishment for using arms, etc(3) whoever uses any prohibited arms or prohibited ammunition or does any act in contravention of section 7 and such use or act results in the death of any other person, shall be punishable with death ————— a billfurther to amend the arms act, 1959—————(shri p chidambaram, minister of home affairs)gmgipmrnd—2911ls(s3)—02-12-2011 | Parliament_bills | ef67fd11-cad2-5ea3-833d-a1e91e2bb702 |
bill no xvi of 2017 the labour (welfare and rehabilitation) bill, 2017 a billto establish a labour welfare and rehabilitation authority to look into the dynamictrends in the labour market, provide for schemes to give interest free loans to workers un-employed for certain periods, issue guidelines for social sector schemes including universal basic income for all working in private and public sector, provide for wages during non-work time for seasonally employed workers, provide for hardship bonus for plantation workers, formulate schemes for rehabilitation of workers of closed industries and for all matters connected therewith and incidental theretobe it enacted by parliament in the sixty-eighth year of the repulbic of india as follows:—1 (1) this act may be called the labour (welfare and rehabilitation) act, 2017(2) it extends to the whole of indiashort title, extent and commencement5(3) it shall come into force on such date, as the central government may, by notification in the official gazettee, appointdefinitions2 in this act, unless the context otherwise requires,—(a) "annual report" means a report giving the details of developmental activities taken up over the year by the authority and detailing about targets set and achieved;(b) "appropriate government" means in the case of a state or a union territory having legislature, the concerned state government or the union territory government, as the case may be, and in all other cases, the central government;5(c) "authority" means the labour welfare and rehabilitation authority established under section 3;(d) "health certificate" means a document signed by a competent health authority providing proof that person is healthy and competent to work;(e) "prescribed" means prescribed by the rules made under this act103 (1) with effect from such date as the central government may, by notification, appoint, there shall be constituted, for the purposes of this act, an authority, to be known as the labour welfare and rehabilitation authority consisting of the following members, namely:—constitution of labour welfare and rehabilitationauthority(a) union minister of state in the ministry of labour and employment—ex officio chairperson;15(b) secretaries of the union ministeries of labour and employment, heavyindustries and statistics and programme implmentation—ex officio members;(c) director general vv giri national labour institute—ex officio members;(d) director, central board for workers education, union ministry of labourand employment—ex officio member;20(e) director, directorate general of employment union ministry of labourand employment—ex officio member(2) the central government shall appoint such number of officers and staff as it considers necessary for the functioning of the authority25(3) the salary, allowances and terms of conditions of services of officers and staff of the authority shall be such, as may be prescribed from time to time(4) the head office of the authority shall be at new delhi and the authority may establish offices at other places in the country as it may deem necessary for carrying out the purposes of this actmeetings of the authority304 (1) the authority shall meet at such intervals and places and shall determine itsown procedure in regard to transaction of business at its meetings as may be prescribed by the central government(2) the expenditure incurred to attend meetings by the members referred to in sub-clauses (a) to (e) of section 3, shall be borne by their concerned controlling authoritiesfunctions of the authority355 (1) the authority shall discharge such functions as it may deem necessary toensure welfare and rehabilitation of workers in the country and formulate a comprehensive policy within one year of its constitution for carrying out the purposes of the act(2) without prejudice to the provisions contained in sub-section (1), the functions of the authority shall include to:—40(a) undertake a baseline study to collect comprehensive data about the existingminimum working standards in all industries and necessary data on the labour industry which shall be completed within one year of setting up of the authority;(b) formulate a scheme for giving interest free loans for workers who areun-employed upto a certain period till they get employment;45(c) recommend to the appropriate government to formulate social securityschemes including a universal basic income for all workers in private and public enterprises;(d) formulate a scheme for providing wages all through the year for those employed seasonally;(e) study and recommend schemes including hardships bonus for workers inthe plantation sector and other heavy industry sector;5(f) study existing safety guidelines for workers and formulate a comprehensiveset of common guidelines for workers keeping in line with international standards;(g) undertake organisation of labour fairs and labour awards region-wise andsector-wise for creating greater awareness on importance of a high quality labour force;10(h) create an establishment to maintain data of workers of closed sick industriesand to formulate schemes for the welfare of such workers;(i) undertake, promote and publish studies relating to the importance of laboursafety standards and welfare; and15(j) undertake such other activities as may be prescribed by the centralgovernment(3) the authority shall disseminate the necessary knowledge and information collected, to the respective department of the central government and the state governments20annual report and its laying before parliament6 (1) the authority shall prepare once every year in such form and at such time as may be prescribed, an annual report giving the summary of its activities including schemes it has undertaken and recommended to the government during the previous year and it shall contain statements of annual accounts of the authority(2) a copy of the annual report shall be forwarded to the central government, and the central government shall cause the annual report to be laid as soon as may be after it is received, before each house of parliament257 the central government shall from time to time provide, after due appropriationmade by parliament by law in this behalf, requisite funds for carrying out the purposes of this actcentral government to provide funds power to remove difficulty308 if any difficulty arises in giving effect to the provisions of this act, the centralgovernment, 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 to be necessary orexpedient for the removal of any difficultypower to make rules9 the central government, in consultation with the state governments, may by notification in the official gazette, make rules for carrying out the purposes of this act statement of objects and reasonsindia is being termed as the next big economic powerhouse and recently we surpassed china to become the fastest growing economy in the world the challenge that we as a country face though is to ensure better labour market conditions to couple with this high growth rate vast majority of workers in our country still work in the informal sector though there has been a shift of workforce from agriculture to the manufacturing sector, still majority of the workforce are out of the social security net provided by existing legislationsdata shows that between 2004-05 and 2011-12, the share of workers in unorganised sector fell from 86% to 82% at the same time though, the informal workers in the organised sector (contract and other forms of casual labour) increased these workers do not have access to proper social security as of 2011-12, 79% of the non-agricultural wage workers had no written contract unemployment rates among skilled workforce is also high favourable policy needs to be put in place to capitalise on the demographic dividend of the country and to keep up with the changing trends in the labour marketthis bill aims at creating a labour welfare and rehabilitation authority, to study the dynamic trends in the labour market and provide for actionable schemes the authority shall provide for a scheme to give interest free loans for those un-employed upto a certain period until they get a job this authority will issue guidelines for a social security scheme which shall be applicable for all private and government workers which will include a minimum basic income those who have seasonal employment will be given the same wages for the other months when they don't have work the authority will also make a study of plantation workers and other heavy factory workers and provide for a scheme to give hardships bonuses for labourers in these sectors this will also include framing uniform safety guidelines relating to working conditions in these sectors it will also be responsible for conducting labour fairs and also constitute labour awards sector-wise to enthuse the worker community a body to rehabilitate workers from closed or sick industries will be formed by this authoritythe economic growth is sustainable only as long as the quality of the labour force is maintained a well-nourished labour market is the fuel which drives this growth engine since a large number of workers are not covered within the ambit of existing laws, this bill provides for the necessary safety net by providing for these measures, it will be the much needed antidote required for a faster and more inclusive growth within the countryhence this billvivek gupta financial memorandumclause 3 of the bill provides for constitution of the labour welfare and rehabilitation authority and also appointment of such number of officers and staffs for its functioning clause 7 makes it obligatory for the central government to provide requisite funds for carrying out the purposes of this bill the bill, therefore, if enacted, will involve recurring expenditure of three thousand crore rupees per annum from the consolidated fund of india a non-recurring expenditure to the tune of rupees one hundred crore is also likely to be involved memorandum regarding delegated legislationclause 9 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 only the delegation of legislative power is of normal character ———— a billto establish a labour welfare and rehabilitation authority to look into the dynamictrends in the labour market, provide for schemes to give interest free loans to workers un-employed for certain periods, issue guidelines for social sector schemes including universal basic income for all working in private and public sector, provide for wages during non-work time for seasonally employed workers, provide for hardship bonus for plantation workers, formulate schemes for rehabilitation of workers of closed industries and for all matters connected therewith and incidental thereto ————(shri vivek gupta, mp)gmgipmrnd—3406rs(s3)—02-01-2018 | Parliament_bills | 10f5d0be-f7b1-5f14-97f7-ef22ee448290 |
biu no 68 of 1976 the representation of the people (amendment) bill, 1976 a billfurther to amend the representation of the people act, 1950 be it enacted by parliament in the twenty'sixth year of the republic of india as follows:-1 this act may be called the representation of the people (amend-short ment) act, 1976 title 43 of 1950 5 2 for bub-section (5) of section 4 of the representation of the people amendmentot section 4 act, 1950 (hereinafter referred to as the principal act), the following sub-section shall be substituted, namely:-10 76 of 1972 20 of 1963 15 ii (5) save as provided in sub-section (4), the extent of all parlia· mentary constituencies except the parliamentary constituencies in the union territory of arunachal pradesh shall be as determined by the orders of the delimitation commission made under the provisions of the delimitation act, 1972 and the extent of the parliamentary constituencies in the union territory of arunachal pradesh shall be as determined by the order of the election commission under the provisions of the government of union territories act, 1963" amend_ ment ot section 7 20 3 for sub-section (3) of section 7 of the principal act, the following sub-section shall be substituted, namely:-"(3) subject to the provisions of sub-section (3)of section 7a, the extent of each assembly constituency in all the states and union territories except the assembly constituencies in the union territory of arunachal rr~d~~b shall be a~ ~~t~rmined by the order& of the delimitation commission made under the provisions of the delimitation act, 1972 and the extent of each assembly constituency in the union territory of arunachal pradesh shall be as determined by the order of the election commission made under the provisions of the government of union territories act, 1963" s 20 of 1983 4 in section 8 of the principal act,-amendment of section 8 (i) in sub-section (1), for the words and figures "the delimitation of parliamentary and assembly constituencies order, 1966", the words and figures "the delimitation of parliamentary and assembly constituencies order, 1976" shall be substituted; 10 (ii) after sub-section (2), the following sub-section shall be inserted, namely:-"(3) the consolidation under sub-section (1) of the orders referred to in sub-section (5) of section 4 or, as the case may be, sub-section (3) of section 7 shall not, as provided in sub-section 15 (5) of section 10 of the delimitation act, 1972, affect the repre-7 of 1972 sentation in, and the territorial constituencies of, the house ot the people or the legislative assembly of the state existing on the date of publication in the gazette of india of any such order or orders as may be relevant" :zo amendmentof section 9 amendment of section 28 5 in clause (a) of sub-section (1) of section 9 of the principal act, for the words and figures "the dellmltation of parliamentuy i1d assembly constituencies order, 1966", the words and figures "the delimitation of parliamentary and assembly constituencies order, 1966,· or, as the case may be, the delimitation of parliamentary and assembly :zs constituencies order, 1976" shall be substituted 6 for sub-section (3) of section 28 of the principal act, the following sub-section shall be substituted, namely:-"(3) every rule made by the central government under this act shall be laid, as soon as may be after it is made, before each 30 house of parliament, while it is in session, for a total period at thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the eesilon immediately following the session or the successive sessions doresaid, both houses agree in making any modifieation in the rule or both 35 houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form· or be of no ea!ect, as _ the case may be; so, however, that any such moc1ificatioa or annulment shall be without prejudice to tbevalidity 01 anything previously done under that rul~" 7 for the first schedule and the second schedule to the principal act, the following schedules shall be substituted, namely:-substitution of new schedules for the first schedule and the second schedule corrigejida to the representation of the people (amendment) bill, 1976 : (to be/a§ int!:q9-uced in 10k sabha)1 - page 1, line 1,-fq!: "twenty-sixth" read "twenty- seventh" 2 page 2, for the marginal citation against clause 4,-~ "76 of 1972" 3 page 9, line 24,-for "constituetd" rea4 "constituted" 4 page 11, line 8, in the heading above column 2,-~ad "total " 5 page 11, line 30,-before "manipur" ~d "18" 6 page 11, line 34,-before "goa ii read "1 " new dellii; amgust 1 0 19~6 8ravana 19, 1 98 (saka) "the first schedule (see section 3) allocation of sew in the house of the people| ~ | t~ ||--------------------------------------------|-----------------------------|| state/unioil | nwaber || of | || seats | || in | || the house | numbor || in | || the | || house | || s | || territory | as con'ltituted on 1-1-1973 || 't-ot-a-l--r-ese-rv"":-d-re-served- | || ~ | || ,r-t-o-ta-i--r-·-searv'-ed--r,-eae-rv-ed' | || tor | the || scheduled scheduled | scheduled || castes | || tribes | castes || 10 | || i | || 3 | || 4 | || 6 | || 7 | || i | || states: | || 1 | || andhra pradesh | || 41 | || 6 | || 2 | || 4z | || 6 | || a | || a | || assam | || 14 | || 1 | || 2 | || 14 | || 1 | || a | || 3· | || bihar | || 53 | || 7 | || 5 | || 54 | || b | || 5 | || is | || 4 | || gujarat | || 24 | || 2 | || 3 | || 26 | || 2 | || | || 5· | || haryllla | || 9 | || z | || 10 | || a | || 6 | || hbnachalpradesb | || 4 | || 4 | || i | || 7· | || jammu and kashmir | || 6 | 6 || b | || karnataka | || 27 | || 4 | || 28 | || | || 20 | || 9· | || kerala | || i~ | || a | || 20 | || z | || 10 | || madhya pradesh | || 37 | || 5 | || 8 | || 40 | || 5 | || 8 | || n | || maharllhtra | || 45 | || 3 | || 3 | || 48 | || 3 | || 3 | || la>~ | || z | || i | || 2 | || i | || j3· | || meihajaya | || 2 | || z | || z | || 25 | || 14·>, | || n~ | || i | || i | || 15· | || oriu | || ~ | || 3 | || s | || 2i | || 3 | || 5 | || 16- | || pya, | || 13 | || 3 | || 13 | || 3 | || 17· | || rajuthan | || z3 | || 4 | || 3 | || 2s | || | || 3 | || lb | || siktim | || i | || 30 | || ip | || tlnuinadu | || 39 | || 7 | || 39 | || 7 | || 30 | || trlpura | || 2 | || i | || 2 | || 1 | || 21 | || uttar | pradesh || 8s | || 18 | || 8s | || 18 | || 22 | || welt | || iedpl | || 40 | || 8 | || 2 | || 42 | || 8 | || 2 | |~--~ | name f | the | state/union ||-----------------------------|---------------------|----------------|| number | of | seats || in | | || the | house | || number | of | seat' || tenitory | | || as | | || constituted | on | || 1-1-19'73 | | || as subsequently constituted | | || --"- | | || __ | a- | __ || 5 | | || 'total | | || re$l:rved rcservecl | | || total | | || reserved | | || reserved | | || ,for | the | || f6rtbe | for | the || for | the | || schecluled scheduled | scheduled scheduled | || castes | | || tribes | | || castes | | || tribes | | || , | | || -, | | || | | || , | | || 1 | | || 2 | | || 3 | | || 4 | | || $ | | || 6 | | || 7 | | || ii | | || i'nion | tbrritoribs | : || i | | || andaman | | || and | | || nicxbar | | || islands | | || 1 | | || 10 | | || 2 | | || arunachal pradesh | | || 2 | | || 3· | | || chandiprh | | || | | || didra | | || and | | || nagar haveli | | || i | i | || s· | | || delhi | | || 7 | | || 7 | | || i | | || 6 | | || goa, | | || daman and diu | | || 2 | | || :i | | || 15 | | || 7· | | || labhadweep | | || 1 | 1 | || i | | || 8 | | || mizoram | | || 1 | 1 | 1 || 9· | | || p->ndicherry | | || 1 | | || i | | || total | | || $22 | | || 11 | | || 41 | | || $-42 | | || 78 | | || 38 | | | the second schedule (see sections 7 and 7a) total number of ,eat in the legislative assemblies '| name | ofthe ||--------------------------|-----------|| ~tate/ | || u,inn | || territory | || nwnber | || of | scats || in | || the | || lelislative | || asaembly | as || subsequently constituted | || nu | || ti | || ber | of || in | || the | || lejislative assembly as | || constituted on | || 1-1-1973 | || ,---- -1>- | _____ || total | || r<'lcl'ved | relerved || r-----~-a,---~ | || total | || reserved reserved | || for the | for the || scheduled scheduled | || cutes | tribes || for | the || scheduled scheduled | || cates | || tribct | || i | || 6 | || 7 | || 3 | || " | || i | || st4tbs: | || ii | || ii | || i | || andbra | prlllleab || 10 | || 126 | || 16 | || 3 | i\ilam || 38 | || 318 | || 4$ | || name | of | the state/union ||--------------------------|----------|--------------------|| territory | | || number | of | beats || ltgis1ative assnnbly | | || | | || subsequently constitutcd | | || number | | || of | sears | in || legislative | | || a,semblyas | | || conatituted | | || on | | || 1-1-1913 | | || r--- | | __ || ~ | | || ___ | | || a-"-"--"--'-,"\ | | || total | reserved | reserved || r | | || --a- | | || ---~ | | || total | rcscrwd | rcscrvcd || for the | | || for | | || the | | || scheduled scheduled | | || castes | tribes | || for the | for | || the | | || schcduled | schedukd | || castcs | tribes | || 6 | | || 2 | | || 1 | | || 1 | | || 3 | | || 4 | | || 12 | | || 4 gujarat | | || n | | || 168 | | || [0 | 5- | || haryua, | | || 81 | | || 11 | | || 15 | | || 16 | | || is | | || 3 | | || 3 | | || 6 himachal pradeah | | || , | jammu | || and | | || kashmir· | | || 2 | | || 216 | | || 8 | | || karnataka | | || 224 | | || 2 | | || ii | | || 9 | | || kerala | | || 140 | | || 133 | | || 61 | | || 320 | | || 39 | | || 16 | | || 288 | | || 11 | | || is | | || 10 | | || madhya pradesh | | || n | | || maharashtra | | || 11 | | || is | | || i | | || 60 | | || i | | || 12 | | || manipur | | || 19 | | || 1 | | || 9 | | || 60 | | || 60 | | || 13 | | || meghalaya | | || 60 | | || so | | || 60 | | || i4 | | || 'nqiiiad | | || 20 | 15 oris | •• || 141 | | || 34 | | || 16 | | || punjab | | || 117 | | || 23 | | || 200 | | || 21 | | || 17 rajasthan | | || 32 | | || 31 | | || i | | || is sikkim | | || 32 | | || :2 | | || 19 tamil | | || nadu | | || 42 | | || 42 | | || 2 | | || 34 | | || 2 | | || 34 | | || 60 | 60 | || 6 | | || 2s | | || 20 | | || tripura | , | || 11 | | || 1 | | || i | | || 8g | 8g | || 21 | | || uttar | pradesh | || j | | || 425 | | || 16 | | || 22 | | || west bengal | | || 11 | | || 59 | | || 294 | | || 55 | | | ii union territories;i arunachal pradesh 30 30 2 goa, daman and diu 30 30 30 3 mboram 30 4 pondicherry 30 5 30 5 | ·under | the constitution | of ||----------------------------------------------------------|------------------------------------------|-------|| i | | || ammu | | || and | | || kaahmir, the | nwnber | || of | | || aeats | in | the || assembly | of | that || the | | || 24 seats earmarked for pakiltan-occupied territory ii 76 | | || out | | || of | which 6 seats have | || been | | || reerved | | || for | | || the | scheduled caates in pw'luanceofthc jammu | || adel | kashmir reprcaentation | of || the | | || people act, 1957 | | || --reserved | | || for | | || s8i11bu | | | $tatement or objects and reasonsthe delimitation commission appointed under the delimitation act, 197a, has completed the work of final determination of the number and the extent of parliamentary and assemply constituencies in respeet of all states and union territories except the union territory of arunachal pradesh under the provisions of the government of union territories (amendment) act, 1975, the election commi,sion has issu~ tts order determining the extent of the parliam~iltary constit\1'ilc1~ ailq ~etl1bbt constituencies in respect of that uq\on terriwry sections 8 and 9 of the representation of the people act, 1860· (-43 of 1950) empower the election commission to consolidate alll or qfl d~ limitation into a single order and t~ maintain the ~a,pr~; u"i~te those sections and sectioll 4, sectipn 7 an~ the first schedrl'1 a~d t¥ second schedule to that act require amendment so as to bring the posltton in regard to the number of seats and the reference to orders of delimitation up-tq-date and to enable the election commission to ~ea new consolida~d or~ the bill seeks to achieve the above object new delm' , hrgo~ the 21st july, 1976 clause 2 of the bill provides that the extent of parliamentary 'c~ti~ 4nthe :tjliion ~mtoit of atiniaehal pradesh ihall be as (feter-itfl!led ibythe order 'of the election cortunission tinder theprovililons of tjie govnment of ttnloji terrlttiries act, 1963 (20 of 1963) (liause 8'of ihe bill provides 'that the extent of assenibly constituencies ia tl1t! uliion wrttory'of arunachal pradesh shall be 'as detennined by the onierof the inection commission made under the provisions 'of the govemmet ·of ljiiion territories act, 1963 (20 of 1963) clauses 4 and 5 of the bill empower the election commission to, consolidate all orders relating to delimitation of parliamentary and assembly constituencies into one single order to be known as the delimitation of parliamentary and assembly constituencies order, 1976, and to maintain them up-to-date clause & of the bill substitutes the rule laying provision in section 28 of the representation of the people act, 1950, so as to bring it in iine with the present pattern of the cqrresponding provision in recent legislation '2 all the above are either matters of procedure or of detiul the delegation of legislative power is theref6ret of a normal character annexure ex'l'racrs from the representation of the people act, 195031 of 1968 filling of seats in the house of the people and parlia mentary c0116tituencies 61 of 1962 20 of 1983 - (43 of 1950) - - - - - 4 (1) - - - - - (;) save as provided in sub-section (4), the extent of all parliamentary constituencies in each of the states of haryana, punjab and himachal pradesh shall be as determined by the order of the delimitation commission made under the i?rovisions of the punjab reorganisation act, 1966 and the extent of all other parliamentary constituencies shall be as determined by the orders of the delimitation commission made under the provisions of the delimitation commission act, 1962, or, as the case may be, under the provisions of the government of union teititories act, 1963 - - - - - the state legislative as!emblies 7 (1) - - - - - 27 of 1962 31 of 1966, total number of seats in legislative assem' blies and assembly constituencies (3) the extent ot each assembly constituency in the state of nagaland shall be as determined by the order of the election commission made under the provisions of the state of nagaland act, 1962; and the extent of each assembly constituency in each of the states of haryana, punjab and himachal pradesh shall be as determined by the order of the delimitation commission made under t,he provisions of the punjab reorganisation act, 1966, and the extent of each assembly constituency in any other state shall be as determined by the order of the delimitation commission made under the provisions of the delimitation commissioj) act, 1962, or, as the case may be, under the provisions of the government of union territories act, 1963 61 of 1962 20 of 1963 the delimitation of parliamentary and assembly constituencies order consolidation of delimitation order • 8 (1) as soon as may be, after all the orders referred to in sub-section (5) of section 4 or in sub-section (3) of section 7 relating to the delimitation of parliamentary and assembly constituencies have been made by the delimitation commission or, as the case may be, the election commission and published in the official gazette, the election commission shall, after making such amendments as 8fjpear to it to be necessary for bringing up-to-date the description of the extent of the parliamentary and assembly constituencies as given in such orders, consolidate all such orders into one single order to be known as the delimitation of parliamentary and assembly constituencies order, 1966 and shall send authentic copies of that order to thc central government and to the government of each state having a legislative assembly; and thereupon that order shall supersede all the orders referred to in sub-section (5) of section 4 or in sub-section (3) of section 7 and shall have the force of law and shall not be called in question in any court - - - - - powero! election commla sion to 9 (1) the election commission may, from time to time, by notification published in the gazette of india and in the official gazette of the state concerned,-(a) correct any printing mistake in the delimitation of parliamentary and assembly constituencies order, 1966, or any error arising therein from inadvertent slip or omission; maintain delimita tion order up to_date - - - - - part v general28 (1) - - - - power to make rt:les - - (3) every rule made under this act shall be laid as soon as may be after it is made before each house o~ parliament while it is in session for a total period of thirty days which may be comprised in one seasion or in two successive sessions, and if before the expiry of the session in which it is so laid or the session immediately following, both houses agree that the rule should be either modified or annulled, 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 modifics tion or annulment shall be without prejudice to the validity of anything previously: done under that rule - - • - the first schedule (see section 3) allocation of ,eats in the h01lse of the people| nwnber | of | seats in the house ||----------------------|----------------|-----------------------|| a | | || colltltituted on the | | || 18t | | || november, | | || 1966 | | || name | | || of | state, | || union | | || territory | | || or | | || ilrea | | || number | of | leats in || the | | || houle | | || 's | | || 8ubfoquently | | || eonstituetd | | || r-----'- | , | || r-----~--_ | | || reic'rvej | reserved | reservcd relelved || total | | || for | | || the | | || for | | || the | | || total | for | tho || scheduled | schrduled | scheduled || castetl | | || tribetl | | || cartes | | || tribes | | || 2 | | || 3 | | || 4 | | || s | | || 6 | | || 7 | | || ------ | | || ----- | | || i | | || states: | | || i | | || andhra pradesh | | || 43 | | || 6 | | || 2 | | || 41 | | || 6 | | || 2 | | || ·2 | | || alllam | | || 12 | | || 2 | | || 14 | | || 1 | | || 2 | | || 3 bihar | | || s3 | 7 | || s | | || s3 | | || ? | | || s | | || 4 gujarat | | || 22 | | || 3 | | || 24 | | || 2 | | || 3 | | || s | haryana - | || ii | | || 2 | | || 9 | | || 2 | | || 6 jammu | | || and | kalhlllir | || 6 | | || 6 | | || 7 | | || keral | | || iii | | || 2 | | || 19 | | || 2 | | || 8 | madhya pradesh | || 36 | | || , | | || 7 | | || 37 | | || , | | || 8 | | || 9 | | || tamil | nadu | || 41 | | || 7 | | || 39 | | || 7 | | || 10 | mabaratbtrl | || ii | | || kamatab | | || ------ | | || 44 | | || 6 | | || 2 | | || 4' | | || 3 | | || 3 | | || 26 | | || 3 | | || 27 | | || 4 | | || _-- | | || ----- | | || name | of ||-----------------|------------------|| st,te, | || union territory | || or | area || number | || of | || ta | || in | || the | || houle | ii || number | || of | || in | || the | || hollie | || c:onatituted | || on | || the | || ii | lubtequeatly || 1st | || november, | || 1966 | c:onatltuted || r-' | || -a____ | ____ || r-- | ____ || a- | ___ || ~ | || reserved | || r~8erved | || rl"lerved | reserved || total | for the || for | || the | || schedul,d | sclmlulcd || r | || du\ul | || scbedulw | || castes | tribes || i | || 2 | || 3 | || 4 | || s | || 6 | || 1 | || 1 | || 12 | || nlpland | || 13 | || oriaaa | || 20 | || 4 | || 4 | || 20 | || 3 | || s | || 14 punjab | || 13 | || 3 | || 13 | || 3 | || is rajasthan | || 22 | || 3 | || 2 | || 23 | || 4 | 3 || 16 | || uttar | prldesh || 116 | 18 || 8s | || 18 | || 17 west bengal | || 18 | himachal pradesh || 36 | || 6 | || 2 | || 40 | || 8 | || 2 | || | || 4 | || i | | ii union territories:i andaman and nicobar islands 2 chandiaarh 3 datira and nagar haveli 4 delhi s i 1 5 goa, daman and diu 2 2 -- - - - - - - 7 lakshadweep -8 manipur 2 2 i 9 pondicherry i - [0 tripura 2 2 i iii area: n reh eut' frontier tract total s08 76 31 s21 77 37 ,,' efer the allocation of seats to the states of assam, manipur, tripura and meghalaya and the union territory· of mizoram and arunachal pradesh in the house of the peopl~ and number of seats to be reserved £oj: the sc/st-please see section 14 of act 81 of 1971 (see section 7) total number of suts in the legislative assembliesnumber of seats in the lelia· number of leatl in the ltgillarive al8embly as coilitituted lative as8embly iii subscqutntly on the lit november 1966 c:onatitutell r--"--'--'-a-""""i __-"\ name of the reserved reserved reecrved resttvcd state/union for the for the total for the for the territory scheduled scheduled scheduled scheduled castes tribe cltes tribes i 2 3 4 5 6 7 i states: i a:1dhrl pradesh 300 43 ii 387 40 ii 2 assam los 5 23 114 8 10 3 bihar 318 40 32 318 45 29 4 gu;arat is 11 21 168 ii 22 s haryara 54 10 81 is 6 kerala 1)3 ii 2 133 11 2 7· madhya pradesh 288 43 s 396 39 61 8 tamil nadu 206 37 234 42 2 9 maharlshtra 264 3)· 14 270 is 16 10 karnltab 208 'ss :u6 39 2 iinaaaiand 46 52 12 orilsa 140 2s 39 140 22 34 13 punjab 87 20 104 33 14 rajasthan 176 a8 20 184 31 ai is uttar pradesh 430 119 425 89 16 west bengal 252 45 is a80 56 17 17 himachal pradesh 68 16 3 manipur 60 19 19 tripura 60 6 19 20 melhalaya 60 so 11 union territories: g>a, dolman and diu 30 30 - - - - - - - - - - - - - - - - , pondicherry 30 5 30 5 - - - - - - - -----_ ------ -& bilt 1urther to amend the representation of the people act, 1950 ,"" ,t (shri h r gokhale, minuter 01 law, jmt~~ and company ai',) | Parliament_bills | 7b476883-8220-59ab-acf4-c1050a2d57c2 |
and technology, trivandrum, bill, 1980 arra!,gement of clauses clauses1 short title and commencement ~ declaration of the sree chitra tirunal medical centre society for advanced studies in special'ties, trivandl'um, as an institution of national importance 3 definitions 4 incorporation of institute 5 composition of institute 6 term of ohlce of and vacancies among members 7 president o! institute 8 allowances of president and members ~ meetings of institute 10 governing body and other committees of in5ij~:tte 11 staff of institute 12 objects of institute 13 functions of institute 14 vesting of property 15 payment to institute 16 fund of institute 17 budget of institute 18 accounts and audit 19 annual r€l:;:>ort 20 pension and provident funds ~1 authentication of orders and instruments of institute :l:l acts and proceedings not to be invalidated by vacancies, etc 23 grant of medical degrees, diplomas, etc, by institute 24 recognition of medical qualifications granted by institute :l5 control by central government :l6 uisputes between institute and central government 27 returns and information zit transfer of service of existing employees 29 continuance of facilities at institute 30 power to remove difticulties 31 power w make rules 32 power to make regulations ul d regulations to b laid be·fol'e paruameat 33 1\ ell an billto declclr8 th~ stef c'hih'c ttruncl midieal cenwi soeiefij 1m aiinneii studjes in spe~8; trivcandr1cm if1j the $ice, of, keowta;to b an institution, c?f national importcuj,c8and to provide fot its incorporcltio~ and matters connected thertt"ith - "4 be, it en~t~ by parliament in the thirty-first year of the republic jf indi~ as follows:-i l '", ~ - ',' - ~ • 1, (1) this act may be called the sree ,c~tra t~nalrl~tltte for ~ medical sciences and technology, trivandrum, act, 1980 uu c~ " ,',~ (z) it sb~ cp,me into force on such, ,~a~ th~, central government may, by notification in the offtela} gazette, appoint z whereas the objects of the sree chitra tirunal medical centre society for advanced studies in specialities, trivandrwn, in the state of kerala, are such as to make the institution one of national importance, it is hereby declared that the institution, known as the sree chitn tirunal medical centre society for advanced studies in specialities, 5 trivandrum, is an institution of national importance 3 in 4jus act, unless the context otherwise requires,-(a) "chairman" means the chairman of the governing body; deoiara-udilof the sret chitra tirunal medical centre soclet7 foraclvance4 studleilr speclalltl- 'l'dvaddrum, a midi-tttution ofutlonal import- definitiono! tions (b) "director" means the director of the institute; (c) "fund" means the fund of the institute referred to in sec- 1 \) tion 16; (d) "governing body" means the governing body o£ the institute; (e) "institute" means the institution known as the sree chitra tirunal institute for medical sciences and technology, trivancirum, is incorporated under this act; <f) "member" means a member of the instibte; (g) "president" means the president of the institute; (h) "regulation" means a regulation made by the institute; (i) "ru1e" means a ru1e made by the central government 20 ldcorpo- auono! wtitute 4 d6 b,_cbitta~ tirunal medical centre society for advanced studies in ~pecialitiestrivandrum,is hereby constituted a body c011j!o-rate by tbe namt:! of sre~ chitrao tirun~ institute for medical $clences and technology, trlvahdrum ~>nd as' su~h body corporate, it shall have perpetual succession and a common seal with power, subject to the pro- 25 visions of this act to acquire hold and dispose of property and to contract; ,and shall; by that name, sue 'and be sued 5 !!"he institute sball~nsist of ~·cqllow~ jylemben, namely:-campolietan of lftlutute (a) the ·vicechancellor of the kerala university, e:e ~ (b) the director-general of healih servi~es goverrdnent ot 30 india, ex otjicio; ' \ ~ , , (c) the director, ex officio; (d)' 'foul' memb~rs to hi! nort;inatedby the central govertiment , to represent respectively the departments or, as the case my be,:1: ,: :"ministrles of- that government dealing w1~h science and t~o- ~s , " ; logy, healthl,fina~e and education';" " i ~ , '(r ,\ (e) two'members tobe nominated by the government 'oftbe' state of kvrala to represent relilpectively the departments or, ii cam' mity 'be;"ministrles of thilt goverftl'n~nt dealing wttb :plan';' \ ning, science and tec!hnology' and health:' u) three scientiiu of whgm two shall be medieal scientist an4 qoe &hall be a locial acientist, to be nominated by the cenlral government 1n the manner prescribed by rules; (g) three scientists representing en~ineering and technology to 5 be nomlnated by the central government in the manner prescribed by rules; (h) the head of the biomedical technology wing of the institute, ex offield; (i) three representatives of the medical far:-nlties of indian uni-10 versities to be nominated by the central government in the manner· prescribed by rules; and (j) three members of parliament of whom two shah be elected from among themselves by the members of the house of the people and one from among themselves by the members of the cowlcil of is states 6 (1) save as otherwise provided in this secti')fi, the tenn of office d tenn of a member shall be five ye~'r5 from the date of his nomination or election omce of and va-(2) the term of office of a member elected under clause (j) of section 5 shall come to :m enn ,is soon as he ceases to be a member of the house ,canciel amon, memberl 20 from which he w:1s elected (3)' the term of office of an ex-offico member shall continue so long as he holds the office by virtue of which he is such a member 4) the term of office of a member nominated or elected to fin a casual vacancy shall continue for 'the remainder of the term of the mem-25 ber in whose place he is nominated or elected (5) an outgoing member other than a member elected under clause (j) of section 5 shall, unless the central government otherwise directs, conti nue in office until another person is nominated as a member in his place (6) an outfloin~ memher shlill be eligible for re-nomination or re-30 election, -, (7) a member may resilnl his office by writing under his hand address· l ed to the central government but he shall continue in office until bf8 resignation is accepted by that government, (8) the manner of filling vacancies among members shall be such as may be prescribed by rules 35 7 (1) there shall be a president of the institute who shall be nominate~ by the central government ffom among the members other,tha:, the director (2) the president shall exercise such powers and discbarge such tunc 4 tions as are lal'd down in this a('t or as may be prescribed by rules or o )'egulatjons, p 'd nt ~nd other members shall receive such allowances, if &the res! e , 1 · h institute rs may be prescribed by ru el'l nnv from t e t the tnstitute thall h()ld its ftrat meeuttg 'at such time aii4 plate u may be appointed by the central government and~ai1 ob8lhe rules of procedure in regard to the transaction of bustneal at the tnt meeting as may be laid down by that governmentj and therealterthe institute shall meet at such times and places and observe such rulei of s procedure in regard to the transaction of business at its meetinp u may be prescribed by regulations 10 (1) there shall be a governing body of the institute which lball be constituted by the institute in such manner as may be prescribed by regulations: 10 provided that the number of persons who are not membera of the institute shall not exceed one-third of the total membership of the governing body (2) the governing body shall be the executive committee of the lna-, titute and shall exercise such powers and discharge such functions as the i 5 ldstitute may, by regulations made in this behalf, confer or impose upon it (3) the president shall be the chairman of the governing body and as chairman thereof shall exercise such powers and discharge iuch functions as may be ?rescribed by regulations 20 (4) the procedure to be followed in the exercise of it9 powers an(! discharge of its functions by the governing body, and the term of otdce of, and the manner of fl11in~ vacancies among, the members of the governing body shall be such as may be prescribed by regulations (5) subject to such control and restrictions as m,y be prescrlbed bv z5 rules, the institute may constitute as many standing committees and as many ad hoc committee~ ::ie; it think"; fit for f>'xf>t'c;~in!! anv power or discharging any function of the tm;titute or for inquiring into, or reporting or advising upon, any matter which the institute may refer to them (6) the chairmar and members of the governing body and chairman 30 and members of a standin!! committee or an ad hoc committee thanreceive such allowances if any, as may be prescribed by regulations staft of idltitute 11 (1) there sh"n h(> ;:'i ('hipf executive officer of the institute who shall be designated as the director of the institute and shall, iubject to such rules as may be made in this behalf, be appointed by the instttutt: 35 provided that the first director of the institute shall be appointed by the central government (2) the director shall act as the secretary to the institut~ as welj as the governing body (3) the director shall exercise such powers and (hschar~e such fw1~ 40 tion!'! as dtay be prescribed bv rellulations or as may be dele ~ated to him b'l the institute or the president or by the governing body or the cha1r~ man , i ' , (4) subject to such rulee; as may be made in this behalf the institute may appoint such number of other officers and employef's as may be 4~ 'n~sary for the exercise of fts powers and dtschar~e of its functions and ~r determine the designations and grades of such other officers and emp1eyees (5) subject to such rules as may be made in thia bebalf, the dil'ector and o~;r oftlcers and employees of the institute rhall be entitled 'to such ~alary and allowances and shall be gavel-ned by such conditions of service ~ respect of leave, p~qsion, gratuity, provident fund and other matters 5 as may be prescribed by' regulations made in this behalf 12 tbe oqjects of the in~titute shall be- , objects of institute (a) to promote biomedical engineering and technology; (b) to i?rovide and demonstrate high standards of r'tit$t care in advanced medical speciauties; and : ,",;'" 10 (c) to develop post-graduate training progratmne8 attn", qighest quality in advanced medical specialities and biomedical engineering and technology 13 with a view to the promotion of the objects speculectm secti"n 12, ""etlons i 5 the institute may-'int!-tute (a) provide for post-graduate ·chilli in tpe sci~c~ qt modem medicine and other allied sciences, including physical and biological sciences; (b) provide facilities for research in the various branches oj suq):k sciences; 20 (c) conduct experiments in integrated methods of post-graduate medical and technological educat'on in order tr- arrive at satisfactory standards of such education; (d) prescribe courses and curricula for post-graduate studies; 25 (e) provide for post-graduate teaching and training in biomedical sciences and technology; (f) notwithstanding anything contained in any other law for the time being in force, establish and maintain-(i) one or more well equipped hospitals, and 30 (ii) one or more centres for research and development in biomedical technology; (g) hold examinations and grant such degrees, dipl~mas ~~::, th demic distinctions and titles in poit~aduate medical, educao er aea b 1 'd do 'th gu1 t' , tion and biomedical technology a~ may e al wn m ,~j'e ' a ions, 35 (h) institute and appoint persons to professorships, readership', hi nd posts of any description in accordance with the lecturers ps a regulations; n receive grants from the governments and gittij, dqnations, ~ti ns bequests and transfers of properties, both mo~le bjld ben boi imjnova e, 'from donors benefactors, testators or tr,qll"~rs, 811 ' the ena may be; (f) deal with any property belodging to, or veste<iin, ,the institute in any manner which is considered necessary for promotidg the objects specified tn section 12; (k) demand ~ltd reeeive such fees and other charges as tnay be prescribed by regulations; and ' 5 (1) do all other acts and things as may be necessary to further the objecb> specified in section 12 v, otproper,u all properties which had vested in the sree chitra tirunal medical centre soc:i ;:ty tor advanced studies in specialitie, trivandrum, immediately bella 2 the commencement of this act, shall, on and from such 10 ,commencement, vest in the institute " 15 the central gov£mment may, aiter due appropriation iilade by parliada t by law ia iliis behall, pay to the institute eaell financial year such sums of money anu in such manner as may be codbiclwed necessary by that govemment for the exercise of its powers and dil- 15 eharge of its faetiolli under this act 16 (1) the institute shall maintain a fund to which shall be credited-pundof initltute (a) all moneys provided by the central government and the government of kerala; (b) all fees and other charges received by the institute; (c) all moneys received by the institute by way of grants, gifts, donations, benefactions, bequests or transfers; and (d) all moneys received by the lnstitttte in any other manner or from any other source (2) all moneys credited to the fund shall be deposited in such banks z5 or invested in such manner as the institute may, with the approval of the central government, decide (3) the fund shall be applied towards meeting the expenses of the institute including expenses incurred in the exercise of its powers and discharge of its functions under section 13 30 17 the institute shall prepare, in such form and at such time every year, as may be prescribed by rules, a budget in respect of the financial year next ensuing showing the estimated receipts and expenditure of the institute and shall forward 'to the central government iiuch number of copies thereof as may be prescribed by rules 18 (1) the institute shall maintain proper accounts and other relevant records and prepare an annual statement of acc<nnts including the l!ialance-sheet in such form as the central government may, by rules, prescribe, and in accord8dce with such general directions as,may be issued by that government, in consultation with the comptroller and auditor- 40 general of india , (2)~e accounts of the institute shall be audited by the comptro11et and at1:ditor-general of iildia and any expenditure incurred by him in connection with such audit shall be payable by the institute to the comptroller and auditor-general of india 5 (3) the comptroller and auditor-general of india and ally person appomted by him in connection with the audit of the accounts of the institute shall have the same rights, privileges and authorfty in connection with such audit as the comptroller and auditor-general of india has in connection with the audit of the government accounts and, in pati;icwar, 10 shall have the right to demand the production of books, accounts, c0nnected vouchers and other documents and papers and to inspect the o1bcea of the institute as well as' of the institutions established and maintained by it (4) the accounts of the institute as cer'tified by the comptroller and j 5 auditor-general of india or any other person appointed by him in tli8 behalf together with the audit report thereon shall be forwarded arumally to the central government and that government shall cause the same to be laid before both houses of panliament 19 the institute shall prepare for every year a report of its activities 20 during that year and submit the report to 'the central government in such form and on or befo,re such date as may be prescribed by rules and a copy of the report shall be laid, as soon as may be after it is received, before both houses of parliament 20 (1) tile institute shall constitute for the benefit of its ofbc;:ers, 25 teachers and oti1er employees in such manner and subject to such con~tiods as may be prescribed by regulations, such pension and provident funds as it may deem fit (2) where any such pension or provident fund has been constituted, ~ central government may declare that t~e ~rovisions of the provident 30 funds act, 1925, shall 8qply to such fund as if 'it were a government provident fund all d and decisions of the institu'te shall be autherticated by z1 or ers : of the president or any other member authoriaed by tbe the signature ther' trumenta shall be aultbenti",ted institute in this behalf, and all 0 ids 1ad_· trwmdta of idltltute - iii the director or any other officer of the institute autbo--35 by the signature uj rised in like manner in this behalf taken by the institute, g<>verning body 21 no act done or p=~rn!uttee 'under this act shall be 'lue&tioned fir' any standing or ci4 existence of any vacancy in, or defect in the on ide· ground merely o~ tbe ~verning body or such standing or ad hoc ~ comtitution of, the institute, ~ acta ~ m,jujt to be idvddateclbj' vc·d , 0:0· '23 notwithstanding anything contained in any other law for the time peing in °force, the institute sha1l have power to grant medical decree8, aiplomas and other academic distinctions and titles under this act grant of medical degrees diplomu, etc, by institute ~ notwithstanding anything contained in the indian medical council act, 1956, the medical degrees and diplomas granted by the i~titute s 112 et 1 •• under this act shall be recognised medical qualifications for the purposes of tbrj; act and shall be deemed to be included in the first schedule to that act recognition of medical qualiftcatiolls granted by institute ~ ;: 25 the institute shall carry out such directions as may be issued to it from time to time by the centra! government for the efticient adminls- j 0 tratiod of this acto control by central government 26 if 111, or in connection with, the erercise of its powers and discharge of its functions by the institute under this act, any dispute arises between the institute and the central government, the decision of the central government on such dispute shall be final 15 disputes between institute and cen~ goveln ment returns andinfor matton 21 the institute shall furnish to the central government such reports, returns and other information as that government may require from time to time ~er of otexiatin, emnl()yeea 28 subject to the provisions of this act, every person who was employed in the sree chitra tirunal medical centre society for advanced 20 studies in specialities, trivandrum, immediately before the commencement of this act shall, on and from such commencement, become an employee of the institute and shall hold his office or service therein by the same tenure, at the same remuneration and upon the same terms and conditions and with the same rights and privileges as to leave, pen 25 gratuity, provident fund and other matters as he would have held the same on the date of commencement of this act if this act had not ~ passed, and shall continue to do so unless and until his employment is terminated or until such tennure, remuneration and terms and conditions are duly altered by reg1llations: 30 ' " provided that the tenure, remuneration and terms and conditiodl of service of any such person shall not be altered to his disadvantage without the previous approval of the central government continuance of ta 'i1itlea" l~o 29 the institute shall continue to provide facilities to the gonmment add people of the state f kerala and the central government ad 3s s-ch facilities shall not, in any respect, be less fav01l1'8we to the governments and people than what were being provided to them won the commencement of this an· an' shalt be diilde vaila'bie for periocl and upon °such° tenns add conditio'" (including th_ rejatta to any contributions to be made for the provision of such fewti_) - iiia7 40 be nominated by the central government in the manner pftiici'iiied kerat and the central government power to remove difficulties • if qy diilc~ty arises in giving eftect to the provisions of this a,ct, b central government may, within a period ofthree years from··· the commencement of this act, by order published in the ofdcial gazette, make such provisions or give such directions not inconsistent with the s provisions of this act, as appears to it to be necessary or expedient for removing the difficulty, p~~· make ~i" 31, (1) the central government, after consultation with the institute, may, by notification in the oftlcial gazette, make rules to carry out the purposes of this act: 10 provided that consultation with the institute shall 'not be·nece'ssary' on the first occasion of the making o£ rules under this section, but the central government shall take into consideration any suggestions which the institute may make in relation to the amendment of such rules after they are made" 15 (2) in particular and without prejudice to the generality of' t~~ tore icing power, slreh rules may provide for all or any of the followiog matters, namely:-(g) the manner of nomination of members under clauses (i), (g) and (i) of section 5; 20 (b) the manner of filling of vacancies among members under section 6; (c) the powers and functions to be exercised and discharged by the president under sub-section (2) of section 7; (d) the allowances, if any, to be paid to the president and other inembers under section 8; 25 (e) the control and restrictions in relation to the constitution of standing and ad hoc committees under sub-section (5) of section 10; <f) the appointment of the director under sub-section (1) of section 11; (g) the number of officers and employees that may be appointed by the institute and the manner of such appointment under subsection (4) of section 11; (h) the sialaries and allowances to be paid to the director 'and other officers and employees of the institute under sublleetion (5) of section 11; 35 (i) the form in whicl, and the time at which, the budget 'shall be prepared by the institute and the number of copies thereof to be forwarded to the central government under section 17; (") the form in which an annual statement of accounts including t~e balance--sheet shall be prepared by the institute under subsection (1) of section 18; (k) the form in which and the date befor~ which, the report of t' "tl"es of the institute shall be submitted to the central gov-~~m ' ernment under section 19; (i) the form and manner in whieh 1'eporta, returbi and, o~r, inaiination are to be furnished by the 'institute to ' the centfil goyemment under section 27; (m) any other matter which has to be or maybe prescribed 'by: rules s powtr iuim"ai31 (1) the institute may, with the previous approval of the cienti;~1 government, make regulations consistent with this aet and tha rulei made thereunder to carry out the purposes of this act, and without pre--judice to the generality ot this power, such regulations may provide'far-(a) the powers and functions to be exercised and dilchargedby'io the president under bub·section (2) of section 7; (b) the summoning and holding of meetings, other than the first meeting, of the institute under section 9, the time and place wbere such meetings are to be held, the conduct of business at such meetings and the number of members necessary to form a quorum; 15 (c) the manner of constituting the governing body and stand· ing and ad hoc committees under section 10, the term of oftiae of, and the manner of filling vacancies among, the members of, the governing body and standing and ad hoc committees; (d) the powers and functions to be exercised and discharged by 2c the governing body and the chairman under sub-sections (2) and (3) of section 10; (e) the allowances, if any, to be paid to the chairman ,and the members of the governing body and of standing rnd ad hoc com· mittees under sub-section (6) of section 10; 25 (f) the procedure to be followed by the govert;ling body and standing and ad hoc committees in the conduct of their business, exercise of their powers and discharge of their functions under sec· tion 10; (g) the powers and funct;ons to be exercised and discharged by 30 tile director under sub-sect;on (3) of section 11; (h) the tenure of· office, salaries and allowances and otber eondi tions of service of the director and other officers and employees of the inltitute including teachers appointed by the institute under nhection (5) of section 11; 3s (i) the management of the properties of the institute under mction 13; (1) the degrees, diplomas, and other academic distinctioua ,and titles which may be granted by the institute under clause (g) of s~uool~ ~ (i:) the professotshtps, readerships, lecturershl~ arid otbaf :;postl which may be instituted and persons who may be app'dihted to such professorships, readerships, leclurershlps and other polts under atause (h) of section is; , (1) the feeb and other charges whloh may be denianded'aftd received by the institute under clause (1c) of section 13; ~m) the manner in which, and the conditions subject to w1peb pension and provident funds may be constituted for the benefit of offlcers, teachers and other employees of the institute under sui> section (1) of section 20; s (n) matters relating' to te~ure o£ oftlce, r'e~~e'~~tion and terms - iiuld,coaqitio of "j'~,of the rpenod8''lefjlrtidlmlji1 ~; _, ' (o)any 'other ,matter for whichundeithis)!ac(~rpy1s~pns mal: ~ trlade by regulations, ' i ~-;r ' i ) ' ~t -·· ,"i , (2) 1;io~withatanding anything contaaee (inl_~ien;(l), ;tile &it i 0 ~tions under this ~t ha1lbe made ,\ly the" caatral lgoftl'blllalt; and any: regulations so made may be altered tofracinded ,,: ibe lditiate in,ekei:cb~ of its power undersubsec,tion (ij)," ,l ;: ;:~! 33, every rule and every regulation made under this act shall be laid, rules and as soon as may be after it is made before 'eat!hh()ube·ittf nuament reeuiatlons h'i 't·' '~ ttl ' d f th'rt d hi h be ' to be laid ] 5 wi£: i js m session, lor a 0 a perlo 0 1 y ays w c may com- before prised in one session or in two or more successive sessions, [lire! if; 'berore parliathe jexpiryrolt~ session immed:ately following t;j:,'ell8im w fihe auoees- ment sive sessions aforesaid, both houses agree in making any modification in the rule or regulation or both houses agree that the rule or regulation 20 should not be made, the rule or regulation shall thereafter have effect only jn 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 statement of objects and reasonssr chltra tinmal medical centre, trivandrum, was set up as an autonomous body in 1974 under the travancore-cochin literary soeietiel and charitablct societies registration act, 1955 the centre is engaged in research in mec:tical field, biomedical engineering and taclmo1ogy it is proposed to make the centre a statutcary body corporate and declare it 88 an inlutution of national importance under entry m of ltat i of the seventh schedule to the constitution of india so that it may develop 8s 8 high level institution of medical sciences' and biomedical engineering and technology this bill seeks to achieve the above object new dmm:; the 4th august, 1980 c p n singh clause 15 of the bill provides fol' giving grants to the institute after due ap;»roprtatlon made by parliament by law in thf, behalf at the current leftt of aetivity (ineluddng the facilities to be provided uncler clause 29), the recurring annual grant-in-aid by the centnll governmedt to the institute is estimated to be rs 75lakhs per annuin in addition, provision required under plan resources for the ,,noel 1979-84, for construction of buildings and other non-recurring items of expenditure pertaining to developmental activitiest is estimated at rs 340 lakhs 3 the bill does not involve any other expenditure o£ a recurriag or non-recurring nature , ,,~1~~ ,3,\t oj,;u~ biij,~~ws the cejlk~ 'gowmldel1tto, make, ;~tefcon~~ij,on with ~ wtit~~, rules by ~wication"m:;tbe,oficial ~t~jq/~arry out ~rpfo~s ,of tbeact,· tbe\matten~,jn '·lepecx qf whichf\l~j'l~ ,may;'d)~~e aile speeitied:ulerei&l ,theae iiimtelw relate, inter cw4, to the ,manner 'of llonimatioo of ceriaib members,, the institute, control and restrictions in relation to the constitution of ~ an~l':"' hoccemmimees of the institute, ~c ,( ~' , : ,'\ + ',cj,au8, a; of ,the'bw ~wen the idstit~ to jpake" wi, the previous approval of the central government, regulatiol1l, ,cc:malstat with the provisions of this act and the rules made thereunder the 'm-n' ijr'rpect of whiolf'sueh regulations may 'be rnlade are specified therein these matters relate, inter olia, to the protje8itre idtcortducttng business at meetings other than the first meeting of the institute, the manner of constituting the governing body and standing and ad hoc committees, powers and funcions of the governing body, and the chairman thereof, etc, 3 the matters in respect of which rules and regulations may be made are matters of administrative detail and procedure and, as such, the delegation of legtslative power is of a normal character billto declare the sree chitra tirunal medical centre society for advanced studies in specialities, trivandrum, in the state of kerala, to be an institution of national importance and to "rovide for its incorporation and matters connected therewith (shri c p n singh minister of stgte in the minibtry of defence c:md department of science and technology) | Parliament_bills | 8f691855-6a00-5be9-a889-ca81ca89e3ab |
bill no 191 of 2014 the electricity (amendment) bill, 2014 a billfurther to amend the electricity act, 2003be it enacted by parliament in the sixty-fifth year of the republic of india as follows:—1 (1) this act may be called the electricity (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, appoint52 in section 2 of the electricity act, 2003 (hereinafter referred as the principal act)—amendment of section 236 of 2003(i) after clause (1), the following clause shall be inserted, namely:—'(1a) "ancillary services", in relation to power system or grid operation, means the services necessary to support the power system or grid operation for maintaining power quality, reliability and security of the grid;';(ii) after clause (2), the following clause shall be inserted, namely:—'(2a) "area of distribution" means the area within which a distribution licensee is authorised by his licence to distribute electricity;';5(iii) in clause (3), for the words "distribution licensee", the words "supply licensee" shall be substituted;(iv) in clause (8), after the words "or association" occurring at the end, the words "in terms and conditions as may be prescribed by the central government from time to time;" shall be inserted;10(v) in clause (12), after the words and brackets "useful energy (including electricity)" occurring at the end, the words "as specified by the authority" shall be inserted;(vi) after clause (15), the following clause shall be inserted, namely:—15'(15a) "decentralised distributed generation" means electricity generation from wind, small hydro, solar, biomass, biogas, bio-fuel, generation from any kind of waste including municipal and solid waste, geothermal, hybrid power system or such other sources as may be notified by the central government for end-use at or near the place of generation;'; (vii) for clause (16), the following clause shall be substituted, namely:—2025'(16) "dedicated transmission lines" means any radial electric supply-line for point to point transmission which is required for the purpose of connecting a captive generating plant or generating station to any transmission line or substation or switching station or generating station, or the load centre, as the case may be, subject to the condition that such line shall not form a loop with the grid and shall not be shared except with the prior approval of the appropriate commission;'; (viii) in clause (17), for the words "for supplying electricity to the consumers in his area of supply", the words "to enable supply of electricity to the consumers in his area of distribution" shall be substituted;(ix) after clause (17), the following clause shall be inserted, namely:—30'(17a) "distribution" means the conveyance of electricity by use of distribution system;'; (x) in clause (23), in sub-clause (a), for the word "supplied", the words "distributed, supplied" shall be substituted;(xi) after clause (23), the following clause shall be inserted, namely:—35'(23a) "electricity distribution code" means the electricity distribution code specified in section 50;'; (xii) in clause (24), for the figures "50" occurring at the end, the figures and letter"51g" shall be substituted;(xiii) in clause (25), after sub-clause (b), the following sub-clause shall be inserted, namely:—40"(ba) distribution system; or";10 of 1956 18 of 2013(xiv) in clause (31), for the words and figures "section 617 of the companies act,1956", the words, brackets and figures "sub-section (45) of section 2 of the companies act, 2013" shall be substituted;45(xv) in clause (35), for the words "high voltage line", the words "high voltage line or high pressure cables" shall be substituted;510 15 20 25 30 35 40(xvi) after clause (35), the following clauses shall be inserted, namely:—'(35a) "incumbent supply licensee" means the entity to which the supply functions and undertakings, other than those vested in the intermediary company, is vested under sub-section (4a) of section 131;(35b) "intermediary company" means the entity succeeding to the existing power purchase agreements and procurement arrangements of the relevant distribution licensees on reorganisation as per sub-section (4a) of section 131;';(xvii) for clause (41), the following clause shall be substituted, namely:—'(41) "local authority" means any urban local body or rural local body or body of port commissioners or other authority entrusted by the union or any state government with the control or management of any area or local fund;'; (xviii) after clause (46), the following clause shall be inserted, namely:—'(46a) "obligated entity" means the distribution licensee or the consumer owning the captive power plant or the open access consumer, as the case may be, which is mandated under section 86 of the act in order to procure electricity from or any market instrument representing the renewable energy sources;'; (xix) after clause (57), the following clause shall be inserted, namely:—'(57a) " renewable energy sources" for the purposes of this act, means the small hydro, wind, solar, bio-mass, bio-fuel, bio-gas, co-generation from these sources, waste including municipal and solid waste, geothermal, tidal, forms of oceanic energy and such other sources as may be notified by the central government from time to timeexplanation—for the purposes of this clause, the expression "small hydro" means hydro generating stations of capacity not exceeding the capacity notified by the central government for this purpose;(57b) "renewable energy service company" means an energy service company which provides renewable energy to the consumers in the form of electricity for the purposes of this act;'; (xx) after clause (61), the following clause shall be inserted, namely:—'(61a) "smart grid" means an electricity network that uses information and communication technology to gather information and act intelligently in automated fashion to improve the efficiency, reliability, economics, and sustainability of generation, transmission and distribution of electricity and such other information as may be specified by the authority;'; (xxi) after clause (70), the following clauses shall be inserted, namely:—'(70a) "supply licensee" means a person authorised under section 14 to supply electricity to consumers and shall include, incumbent supply licensee;(70b) "provider of last resort" means the supply licensee who, from time to time, is designated so by the appropriate commission;'; (xxii) in clause (71), the following proviso shall be inserted, namely:—"provided that sharing and use of power system for telecommunication shall not be construed as trading for the purpose of this act;"; (xxiii) in clause (72), after the words "from a generating station", the words "or a sub-station" shall be inserted453 for section 3 of the principal act, the following section shall be substituted, namely:—substitution of new section for section 3"3(1) the central government shall, from time to time, prepare, review and notify the national electricity policy, tariff policy and national renewable energy policy, in consultation with the state governments and the authority for development national electricity policy and planof the power system based on optimal utilisation of resources such as coal, natural gas, nuclear substances or materials, hydro and renewable sources of energy and for separation of distribution and supply functions and measures to promote smart grid, ancillary services and decentralised distributed generation, etc5(2) the authority shall prepare a national electricity plan in accordance with the national electricity policy and notify such plan once in five years:provided that the authority while preparing the national electricity plan shall publish the draft national electricity plan and invite suggestions and objections thereon from licensees, generating companies and the public within such time as may be prescribed:10provided further that the authority shall—(a) notify the plan after obtaining the approval of the central government;15(b) revise the plan incorporating therein the directions, if any, given by the central government while granting approval under clause (a)(3) the authority may review or revise the national electricity plan in accordance with the national electricity policy20amendment of section 4(4) the central government may, after such consultation with the state governments as may be considered necessary, notify policies and adopt measures for promotion of renewable energy generation including through tax rebates, generation linked incentive, creation of national renewable energy fund, development of renewable industry and for effective implementation and enforcement of such measures4 in section 4 of the principal act, for the words "notify a national policy permitting stand alone systems", the words "notify a national policy for harnessing solar power and other forms of renewable energy to ensure electricity to un-electrified rural households and permitting stand alone systems" shall be substituted25amendment of section 65 in section 6 of the principal act, for the word "areas" the words "parts of the country" shall be substituted6 for section 7 of the principal act, the following section shall be substituted, namely:—substitution of new section for section 730generating company and requirement for setting up of generating station35 40"7 (1) any generating company may establish, operate and maintain a generating station without obtaining a licence under this act, if it complies with the technical standards relating to connectivity with the grid referred to in clause (b) of section 73:provided that any generating company establishing may be required by the system operator to bjild and maintain a spinning reserve of such capacity as may be notified by the central government from time to time:provided further that any generating company before establishing or expanding the capacity of a generating station shall submit a detailed project report and duly inform about the same to the authorityexplanation—for the purposes of sub-section (1), the expression ''spinning reserve'' means the backup capacity of a generating station which shall be made available on the directions of the system operator, within a time limit as may be notified by the central government, to maintain grid safety and security45(2) notwithstanding anything contained in sub-section (1), any generating company establishing a coal and lignite based thermal generating station after a date and in a manner to be notified shall be required to establish a renewable energy generation capacity as prescribed by the central government from time to time which shall not be less than ten per cent of the thermal power installed capacity(3) in case any existing coal and lignite based thermal power generating station, with the concurrence of power procurers under the existing power purchase agreements, chooses for setting up additional renewable energy generating capacity, the energy produced from there shall be allowed to be bundled and pass through shall be allowed in such cases by the appropriate commission and the obligated entities who finally buy such power shall account the same towards their renewable purchase obligations"amendment of section 857 in section 8 of the principal act,—(a) in sub-section (1), after the words "hydro generating station", the words"including multipurpose hydro facilities with power generation" shall be inserted;(b) in sub-section (2), after clause (b), the following clause shall be inserted, namely:—"(c) project should maintain minimum ecological flow in the river;"108 for section 12 of the principal act, the following shall be substituted, namely:—substitution of new section forsection 12"12 (1) no person shall—(a) transmit electricity; orauthorised persons to transmit, distribute, etc, electricity(b) distribute electricity; or (c) undertake trading in electricity; or15(d) supply of electricity to consumer,unless he is authorised to do so by a licence issued under section 14, or is exempt under section 13:20provided that no licence shall be required by a generating company, acaptive generating plant and a trading licensee for supply of electricity to open access consumer in any place:provided further that no licence shall be required for the activities assignedto the intermediary company under the act25(2) the appropriate commission shall not grant licence to more than one distribution licensee in any area of distribution:provided that where two or more distribution licensees within the same area of distribution are existing on the date of the commencement of the electricity (amendment) act, 2014, they shall continue their operation till such period as specified in their licence30(3) without prejudice to sub-section (2), the central government in consultation with the appropriate commission may, in public interest, permit more than one distribution licensee to operate in any area, if it is considered necessary "9 for section 14 of the principal act, the following shall be substituted, namely:—substitution of new section for section 14 grant of licence3528 of 200540 45"14 the appropriate commission may, on an application made to it under section15, grant a licence to any person—(a) to transmit electricity as a transmission licensee; or (b) to distribute electricity as a distribution licensee:provided that the developer of a special economic zone notified under sub-section (1) of section 4 of the special economic zones act, 2005, shall be deemed to be a licensee for the purpose of this clause, with effect from the date of notification of such special economic zone:provided further that the decentralised distributed generation networks not connected to the distribution system may continue to operate without getting connected to the distribution system, even in case of grant of licence for operation of the distribution system in that area; or (c) to undertake trading in electricity as an electricity trader, or(d) to supply electricity as a supply licensee, in any area as may be specified in the licence:510provided that any person engaged in the business of transmission or supply of electricity under the provisions of the repealed laws or any act specified in the schedule on or before the appointed date shall be deemed to be a licensee under this act for such period as may be stipulated in the licence, clearance or approval granted to him under the repealed laws or such act specified in the schedule, and the provisions of the repealed laws or such act specified in the schedule in respect of such licence shall apply for a period of one year from the date of the commencement of this act or such earlier period as may be specified, at the request of the licensee, by the appropriate commission and thereafter the provisions of this act shall apply to such business:15provided further that any person engaged in the business of distribution of electricity on or before the commencement of the electricity (amendment) act, 2014 shall be deemed to have authorisation to undertake distribution of the electricity as a distribution licensee and also to supply electricity as a supply licensee till the transfer scheme under clauses (a) and (b) of sub-section (4a) of section 131 is effective in accordance with the provisions of this act, where upon the distribution business and the supply business shall be undertaken in the manner as stipulated in the said transfer scheme:20provided also that the central transmission utility or the state transmission utility shall be deemed to be a transmission licensee under this act:provided also that in case an appropriate government transmits electricity or distributes or supplies electricity or undertakes trading in electricity, whether before or after the commencement of this act, such government shall be deemed to be a licensee under this act, but shall not be required to obtain a licence under this act:2524 of 1989 60 of 2002provided also that the railways as defined under the indian railways act, 1989and the metro rail corporation established under the metro railways (operation and maintenance) act, 2002 be deemed to be a licensee under this act, and shall not be required to obtain a licence under this act:3014 of 1948provided also that the damodar valley corporation, established under sub-section (1) of section 3 of the damodar valley corporation act, 1948, shall be deemed to be a licensee under this act but shall not be required to obtain a licence under this act and the provisions of the damodar valley corporation act, 1948, insofar as they are not inconsistent with the provisions of this act, shall continue to apply to that corporation:3540provided also that the government company or the company referred to in sub-section (2) or sub-section (4) or sub-section (4a) of section 131 of this act and the company or companies created in pursuance of the acts specified in the schedule or any company or companies as may be notified by the central government, shall be deemed to be a licensee under this act:45provided also that the appropriate commission may grant a licence to two or more persons for supply of electricity within the same area of supply, subject to the conditions that the applicant for grant of supply licence within the same area shall, without prejudice to the other conditions or requirements under this act, comply with the additional requirements (relating to the capital adequacy, credit worthiness or code of conduct) as may be prescribed by the central government, and no such applicant, who complies with all the requirements for grant of licence, shall be refused grant of licence on the ground that there already exists a licensee in the same area for the same purpose:50provided also that at least one of the supply licensee shall be a government company or government controlled company:5provided also that where a person intends to generate, distribute and supply electricity in a rural area to be notified by the state government, such person shall not require any licence for such generation, distribution and supply of electricity, but he shall comply with the measures which may be specified by the authority under section 53:10provided also that where a person intends to generate and supply electricity from renewable energy sources, such person shall not require any licence for such generation and supply of electricity, but he shall comply with the measures which may be specified by the authority under sections 53 and 73:provided also that a supply licensee shall not require a licence to undertake trading in electricity:15provided also that a distribution licensee, after effective date of transfer under sub-section (4a) of section 13, shall not engage in trading or supply of electricity:provided also that in a case where a distribution licensee was undertaking the distribution of electricity, prior to the commencement of the electricity (amendment) act, 2014, for a specified area within his area of distribution through a franchisee such franchisee shall not be required to obtain any separate licence from the state commission concerned and such distribution licensee shall remain responsible for distribution and supply of electricity in that area of distribution till the expiry of the existing agreement with the distribution and supply licensee of that area"20amendment of section 1510 in section 15 of the principal act, for sub-section (8), the following sub-section shall be substituted, namely:—"(8) a licence shall continue to be inforce for a period of twenty-five years or more as may be specified in the licence, unless such licence is revoked or renewed"2511 in section 20 of the principal act,—amendment of section 20(a) in sub-section (1),—(i) in opening portion, after the words "licence of any licensee", the words"or when the duration of any licence expires" shall be inserted;30(ii) in clause (a), after the words "licence has been revoked", the words and brackets "or expires (hereinafter referred to as the outgoing licensee)" shall be inserted;(iii) in clause (c), after the words "revocation of licence", the words "or expiry of the period of the licence or" shall be inserted; (b) for sub-section (2), the following sub-section shall be substituted, namely:—35"(2) where a utility is sold under sub-section (1), the purchaser shall pay to the licensee the purchase price of the utility in such manner as may be agreed upon between the parties''; (c) in sub-section (3), for the words "the licence" wherever they occur, the words "outgoing licence" shall be substituted4012 for section 24 of the principal act, the following section shall be substituted, namely:—substitution of new section for section 24"24 (1) if at any time the appropriate commission is of the opinion that a distribution licensee or a supply licensee—45suspension of distribution licence or supply licence and sale of utility(a) has persistently failed to maintain uninterrupted distribution or supplyof electricity conforming to standards regarding quality of electricity to the consumers; or(b) is unable to discharge the functions or perform the duties imposed on it by or under the provisions of this act; or(c) has persistently defaulted in complying with any direction given by the appropriate commission under this act; or5(d) has broken the terms and conditions of licence,10and circumstances exist which render it necessary for it in public interest so to do, the appropriate commission may, for reasons to be recorded in writing, suspend, for a period not exceeding one year, the licence of the distribution licensee or a supply licensee and appoint an administrator to discharge the functions of the distribution licensee or a supply licensee in accordance with the terms and conditions of the licence:15provided that before suspending a licence under this section, the appropriate commission shall give a reasonable opportunity to the distribution licensee or a supply licensee to make representations against the proposed suspension of licence and shall consider the representations, if any, of the distribution licensee or a supply licensee20(2) upon suspension of licence under sub-section (1), the utilities of the distribution licensee or a supply licensee shall vest in the administrator for a period not exceeding one year or up to the date on which such utility is sold in accordance with the provisions contained in section 20, whichever is later25(3) the appropriate commission shall, within one year of appointment of the administrator under sub-section (1), either revoke the licence in accordance with the provisions contained in section 19 or revoke suspension of the licence and restore the utility to the distribution licensee or a supply licensee whose licence had been suspended, as the case may be30(4) in a case where the appropriate commission revokes the licence under sub-section (3), the utility of the distribution licensee or a supply licensee shall be sold within a period of one year from the date of revocation of the licence in accordance with the provisions of section 20 and the price after deducting the administrative and other expenses on sale of utilities and such other amounts as may be due from the licensee shall be remitted to the distribution licensee or a supply licensee"amendment of section 2913 in section 29 of the principal act, for sub-section (6), the following sub-section shall be substituted, namely:—35"(6) if any licensee fails to comply with the directions issued under sub-section (2)or sub-section (3), he shall be liable to a penalty not exceeding ten crore rupees:provided that in case of non-compliance of the directions issued under subsection (2) or sub-section (3), by a generating company for generating renewable energy, such generating company for generating renewable energy shall be liable to a penalty not exceeding one crore rupees"40amendment of section 3314 in section 33 of the principal act, for sub-section (5), the following sub-section shall be substituted, namely:—"(5) if any licensee fails to comply with the directions issued under sub-section (1), he shall be liable to a penalty not exceeding one crore rupees:45provided that in case of non-compliance of the directions issued under subsection (1), by a generating company for generating renewable energy, such generating company for generating renewable energy shall be liable to a penalty not exceeding ten lakh rupees"15 for section 34 of the principal act, the following section shall be substituted, namely:—substitution of new section for section 34 grid standards5"34 every licensee or generating company, person owning and maintainingdedicated transmission lines and any other person whose system is connected to the grid shall comply with such technical standards of operation and maintenance of transmission lines, in accordance with the grid standards, as may be specified by the authority"amendment of section 3710amendment of section 3816 in section 37 of the principal act, after the words "necessary for'', the words ''grid security and safety and for'' shall be inserted17 in section 38 of the principal act, in sub-section (2), in clause (d), for sub-clause(ii), the following sub-clause shall be substituted, namely:—15"(ii) any consumer as and when such open access is provided by the state commission under sub-section (2) of section 42, on payment of the transmission charges, as may be specified by the central commission and surcharge if any determined by the appropriate commission of the state in which the premises of the consumer is located:"amendment of section 3918 in section 39 of the principal act, in sub-section (2), in clause (d), in sub-clause(ii),—(a) for the words "as may be specified by the state commission", the words "if any determined by the appropriate commission of the state" shall be substituted;20(b) in the second proviso, for the words "state commission", the words''appropriate commission" shall be substituted;(c) in third proviso, for the words "state commission", the words ''appropriate commission" shall be substituted25amendment of section 4019 in section 40 of the principal act, in clause (c), in sub-clause (ii), for the words "as may be specified by the state commission", the words "as may be specified by the appropriate commission of the state in which the premises of the consumer is located" shall be substituted3020 for section 42 of the principal act, the following section shall be substituted, namely:—substitution of new section for section 42"42 (1) it shall be the duty of a distribution licensee to—duties of distribution licensee and open access(a) develop and maintain an efficient, co-ordinated and economical distribution system in his area of distribution and to enable supply electricity in accordance with the provisions contained in this act;35(b) provide non-discriminatory open access to its distribution system asspecified by the appropriate commission;(c) perform such other functions, not inconsistent with the act as may bespecified by the appropriate commission40(2) the state commission shall introduce open access for use of distribution system in such phases and subject to such conditions, (including the cross subsidies, and other operational constraints) as may be specified within one year of the appointed date by it and in specifying the extent of open access in successive phases and in determining the charges for wheeling, it shall have due regard to all relevant factors including such cross subsidies, and other operational constraints45(3) the open access shall be allowed on payment of a surcharge which shall be in addition to the wheeling and other charges payable to the distribution licensee, as compensatory charges determined by the state commission to meet the requirement of cross subsidy in the area of supply:provided that the surcharge and cross subsidies referred to sub-section (2) and sub-section (3) shall be progressively reduced in the manner as may be specified by the state commission:5provided further that such surcharge shall not be leviable in case open access is provided to a person who has established a captive generating plant for carrying the electricity to the destination of his own use(4) the open access consumers procuring electricity from renewable energy sources shall not be required to pay the surcharge for open access for such period as may be prescribed by the central government10(5) notwithstanding anything contained in this section, the open access consumer shall not switch over to any other supplier except by giving the notice of minimum time period as may be specified by the appropriate commission"21 for section 43 of the principal act, the following section shall be substituted, namely:—substitution of new section for section 43| 15 ||------------|| connect on || request |"43 (1) save as otherwise provided in this act, every distribution licensee, shall, on an application by the owner or occupier of any premises in the area of distribution, give connection to such premises to enable supply of electricity, within fifteen days after receipt of the application requiring such supply:20provided that where such connectivity to the premises requires extension of distribution mains, or commissioning of new sub-stations, the distribution licensee shall give connection to enable supply of electricity to such premises immediately after such extension or commissioning or within such period as may be specified by the appropriate commission:25provided further that in case of a village or hamlet or area wherein no provision for supply of electricity exists, the appropriate commission may extend the said period as it may consider necessary for electrification of such village or hamlet or area30explanation—for the purposes of this sub-section, the expression"application" means the application complete in all respects in the appropriate form, as required by the distribution licensee, along with documents showing payment of necessary charges and other compliances(2) it shall be the duty of every distribution licensee to provide, if required, electric plant or electric line for connectivity and enabling electric supply to the premises specified in sub-section (1)35(3) if a distribution licensee fails to give connection to the premises in the area of distribution within a period specified in sub-section (1), he shall be liable to a penalty which may extend to one thousand rupees for each day of default'amendment of section 4422 in section 44 of the principal act, for the words "licensee to give supply", the words "licensee to distribute electricity" shall be substituted4023 for section 45 of the principal act, the following section shall be substituted, namely:—substitution of new section for section 45power to recover charges45"45 (1) subject to the provisions of this section, the prices to be charged by a distribution licensee for the distribution of electricity by him in pursuance of section 43 shall be in accordance with such tariffs determined by the appropriate commission and such charges authorised by the appropriate commission or otherwise fixed from time-to-time and conditions of his licence(2) subject to the provisions of section 62, in determining charges under this section a distribution licensee shall not show undue preference to any person or class of persons or discrimination against any person or class of persons24 after section 45 of the principle act, the following section shall be inserted, namely:—| insertion | of ||--------------|---------|| new | section || 45a | || 5 | |''45a the appropriate government may, in consultation with the appropriate commission and the concerned authorities, prescribe the manner of collection and realisation of any dues under the relevant laws for the time being in force in the state along with the electricity dues''collection and realisation of other duesalong withe l e c t r i c i t y dues25 in section 46 of the principal act,—amendment of section 46(i) for the words "requiring a supply of electricity", the words "requiring connectivity to the distribution system" shall be substituted;10(ii) for the words "giving and supply", the words "giving and maintaining the connection for enabling supply of electricity" shall be substituted26 in section 47 of the principal act,—amendment of section 47(i) for sub-section (1), the following sub-section shall be substituted, namely:—15"(1) subject to the provisions of this section, a distribution licensee in the area of distribution may require any person, who requires connectivity to the distribution system in pursuance of section 51a, to give him reasonable security, as may be determined by regulations, for the payment to him of all monies which may become due to him—(a) in respect of the electricity distributed to such person; or20(b) where any electric line or electrical plant or electric meter is to be provided for distributing electricity to such person, in respect of the provision of such line or plant or meter, and if that person fails to give such security, the distribution licensee may, if he thinks fit, refuse to distribute electricity or to provide the line or plant or meter for the period during which the failure continues";25(ii) in sub-section (2), for the words "supply of electricity", the words "distribution of electricity" shall be substituted;(iii) in sub-section (3), for the words "supply of electricity", the words"distribution of electricity" shall be substituted3027 in section 48 of the principal act,—amendment of section 48(i) in the opening portion, for the words "supply of electricity", the words"distribution of electricity" shall be substituted;(ii) in clause (b), for the word "supplied" occurring at the end, the word"distributed" shall be substituted3528 for section 49 of the principal act, the following section shall be substituted, namely:—substitution of new section for section 4940"49 (1) with effect from the commencement of the electricity (amendment ) act,2014, all consumers having a connected load of 1 megawatt and above with the power system, may procure at their option electricity through open access under bilateral arrangement from any generating company, trading licensee, or from any other sourceagreements with respect to supply or purchase of electricity(2) notwithstanding anything contained in clause (d) of sub-section (1) of section 62, the consumers mentioned in sub-section (1), may enter into an agreement with any person for supply or purchase of electricity on such terms and conditions (including tariff) as may be agreed upon by them"29 for section 50 of the principal act, the following section shall be substituted, namely:—substitution of new section for section 505the electricity distribution code"50 the state commission shall specify an electricity distribution code toprovide for recovery of electricity charges, intervals for billing of electricity charges, disconnection of connectivity of electricity for non-payment thereof, restoration of supply of electricity, measures for preventing tampering, distress or damage to electrical plant or electrical line or meter, entry of distribution licensee or any person acting on his behalf for disconnecting connection and removing the meter, entry for replacing, altering or maintaining electric lines or electrical plants or meter and such other matters"1030 after part vi of the principal act, the following part and sections shall be inserted, namely:—insertion ofnew part viaand sections 51a to 51g 'part vi a supply of electricity1551a (1) it shall be the duty of the supply licensees to supply electricity in theconcerned area of supply in accordance with the provisions of the act:duties of supply licenseeprovided that till the transfer of the obligation to supply to the incumbent supply licensee, the existing distribution licensee shall have the obligations to continue to supply electricity in the area of supply in accordance with the provisions of the act with the same rights, privileges and duties of the supply licensee2025(2) the appropriate state government shall, within a period of one year from thecommencement of the electricity (amendment) act, 2014 or within such period as the appropriate state government may decide in consultation with the central government, provide for separation of distribution and supply of electricity and for such purpose issue appropriate transfer scheme and vest the supply functions in the incumbent supply licensee and the existing power purchase agreements and procurement arrangement in the intermediary company respectively as per the provision of section 131duty to supply on request3051b (1) the supply licensee as selected by the consumer shall, on an applicationof the owner or occupier of any premises within fifteen days of the connection being given to the premises by the distribution licensee in terms of section 43 commence supply of electricity as required by the person:provided that a supply licensee other than the incumbent supply licensee shallhave the duty to supply electricity progressively based on the load factor of the consumers as specified by the central government35(2) save as otherwise provided in this act, any consumer in the area of supplyshall, in such manner as may be prescribed by the central government; have the option to choose any of the supply licensees for supply of electricity to the premises owned or occupied by him40explanation—for the purposes of this sub-section, "application" means the application complete in all respects in the appropriate form, as required by the supply licensee, along with documents showing payment of necessary charges and other compliances:45provided that the provider of last resort shall have the obligation to supply electricity to the consumers in the area of supply in case the supply licensee chosen by the consumer ceases to be a supply licensee or otherwise his supply licence is suspended for any reason whatsoever(3) it shall be the duty of every supply licensee to arrange for the purchase of electricity including by procurement of electricity from the intermediary company with the objective of providing reliable and uninterrupted electricity supply5(4) if a supply licensee fails to give supply of electricity within a period asmentioned in sub-section (1), he shall be liable to a penalty which may extend to onethousand rupees for each day of defaultexceptions from duty to supply electricity51c nothing contained in section 51b, shall be taken as requiring a supply licensee to give supply of electricity to any premises in its area of supply, if he is prevented from so doing by cyclone, floods, storms or other occurrences beyond his control10power to recovercharges51d (1) subject to the provisions of this section, the prices to be charged by asupply licensee for the supply of electricity by him in pursuance of section 51b shall be in accordance with such tariffs fixed from time-to-time and conditions of his licence15(2) the charges for electricity supplied by a supply licensee in the area of supply shall be—(a) fixed in accordance with the methods and the principles as may be specified by the concerned state commission;(b) published in such manner so as to give adequate publicity for suchcharges and prices20(3) the charges for electricity supplied by a supply licensee in the area of supplymay include a fixed charge in addition to the charge for the actual electricity supplied(4) subject to the provisions of section 62, in fixing charges under this section a supply licensee shall not show undue preference to any person or class of persons or discrimination against any person or class of persons25(5) the charges fixed by a supply licensee shall be market determined:provided that the appropriate commission shall determine a ceiling charge based on the normative costs and standards of performance, subject to sub-section (3) and sub-section (4) of section 62:30provided further that the supply licensee shall not charge any amount higherthan the ceiling charge as applicable to all consumers in a category(6) notwithstanding anything contained in this act the supply licensee may, with the prior approval of the appropriate commission, charge any amount higher than the ceiling charge as may be mutually agreed with any consumer35power to require security4051e (1) subject to the provisions of this section, a supply licensee may requireany person, who requires a supply of electricity in pursuance of section 51b, to give him reasonable security, as may be determined by regulations, for the payment to him of all monies which may become due to him in respect of the electricity supplied to such person; and if that person fails to give such security, the supply licensee in the area of supply may, if he thinks fit, refuse to give the supply of electricity for the period during which the failure continues(2) where any person has not given such security as is mentioned in sub-section (1) or the security given by any person has become invalid or insufficient, the supply licensee may, by notice, require that person, within thirty days after the service of the notice, to give him reasonable security for the payment of all monies which may become due to him in respect of the supply of electricity45(3) if the person referred to in sub-section (2) fails to give such security, the supply licensee may, if he thinks fit, discontinue the supply of electricity for the period during which the failure continues(4) the supply licensee shall pay interest with reference to the bank rate, as may be specified by the state commission, on the security referred to in sub-section (1), and refund such security on the request of the person who gave such security5(5) a supply licensee shall not be entitled to require security in pursuance of clause (a) of sub-section (1) if the person requiring the supply is prepared to take the supply through a pre-payment meter51f a supply licensee may require any person who requires a supply of electricity in pursuance of section 51b to accept—additional terms of supply10(a) any restrictions which may be imposed for the purpose of enabling the supply licensee to comply with the regulations made under section 53;(b) any terms restricting any liability of the supply licensee for economic loss resulting from negligence of the person to whom the electricity is supplied15the electricity supply code51g the state commission shall specify an electricity supply code to provide for recovery of electricity charges, intervals for billing of electricity charges, disconnection of supply of electricity for non-payment thereof, assessment for unauthorised use and theft of electricity, restoration of supply of electricity and such other matters'31 after part via of the principal act, as so inserted, the following part and section shall be inserted, namely:—20insertion of new part vib and section 51h "part vib other provisions relating to distribution and supply of electricityconsumer grievances redressal2551h (1) every distribution licensee or supply licensee, as the case may be having the obligation to supply in the area of supply, shall, within six months from the appointed date or date of grant of licence, whichever is earlier, establish a forum for redressal of grievances of the consumers in accordance with the guidelines as may be specified by the state commission30(2) any consumer, who is aggrieved by non-redressal of his grievances under sub-section (1), may make a representation for the redressal of his grievance to an authority to be known as ombudsman to be appointed or designated by the state commission(3) the ombudsman shall settle the grievance of the consumer within such time and in such manner as may be specified by the state commission35(4) the provisions of sub-sections (1), (2) and (3) shall be without prejudice to right which the consumer may have apart from the rights conferred upon him by the those sub-sections"amendment of section 5424 of 198932 in section 54 of the principal act, in sub-section (1), in the proviso, after the wordsand figures "the railways act, 1989", the words, brackets and figures "or metro railway under the metro railways (operation and maintenance) act, 2002" shall be inserted60 of 200240amendment of section 5533 in section 55 of the principal act, in sub-section (2), the following proviso shall beinserted, namely:—45"provided that smart meters, as specified by the authority, shall be installed at each stage for proper accounting and measurement for the purpose of metering and consumption from the point of generation up to such consumers who consume more than the quantity of electricity in a month as prescribed by the central government"amendment of section 5634 in section 56 of the principal act, after sub-section (1), the following sub-section shall be inserted, namely:—5"(1a) nothing contained in this section shall require the supply licensee to disconnect electricity in case of prepayment meter in excess of the quantum of electricity pre-paid by the consumer"35 after section 59 of the principal act, the following section shall be inserted, namely:—insertion of new section 59a10r e c o m m e n - dation ofappropriate government for revocationof licence''59a in case any complaint is filed before the appropriate government and if the appropriate government is satisfied that any licens ee has not discharged any of the functions assigned to him by the act, including the standards of performance specified by the appropriate commission, the appropriate government may recommend for the revocation of licence of the said licensee''amendment of section 6115 20 25 3036 section 61 of the principal act shall be numbered as sub-section (1) thereof and,—(a) in sub-section (1) as so numbered—(i) for clause (d), the following clause shall be substituted, namely:—"(d) safeguarding of consumers' interest and at the same time, recovery of the cost of electricity by the licensees without any revenue deficit in the context of the tariff determined under section 62:provided that the revenue deficit, if any, prior to the commencement of the electricity (amendment) act, 2014, shall be recovered in such manner as may be prescribed by the appropriate government"; (ii) for clause (h), the following clause shall be substituted, namely:—"(h) the promotion of co-generation and generation of electricity from renewable sources of energy and hydro power"; (iii) in clause (i), the words ''and tariff policy'' shall be omitted(b) after sub-section (1) as so numbered the following sub-section shall be inserted, namely:—"(2) notwithstanding anything contained in this act, the provisions of tariff policy shall be followed by the appropriate commission for the purpose of tariff determination"37 for section 62 of the principal act, the following section shall be substituted, namely:—substitutionof new section for section 62determination of tariff35 40 45"62 (1) the appropriate commission shall determine the tariff in accordance with the provisions of this act for—(a) supply of electricity by a generating company to a supply licensee including supply of electricity under a back to back arrangement involving an intermediary company, electricity trader or any other licensee:provided that the appropriate commission may, in case of shortage of supply of electricity, fix the minimum and maximum ceiling of tariff for sale or purchase of electricity in pursuance of an agreement, entered into between a generating company and a licensee or between licensees, for a period not exceeding one year to ensure reasonable prices of electricity:provided further that there shall be no such determination of tariff by the appropriate commission under this clause (a) to the extent the central government specifies that the procurement of electricity from the sources identified for the purpose by the supply licensee shall be done only by competitive bidding as per section 63; (b) purchase of electricity by the supply licensee from the intermediary company;(c) transmission of electricity;(d) wheeling of electricity; (e) retail sale of electricity:510provided that the tariff determined for retail sale of electricity shall be the ceiling tariff for the respective categories of consumers, the supply licensee shall be entitled to charge any consumer category at an amount lesser than the ceiling tariff, subject to sub-section (3) and also, without in any way affecting the obligation of a supply licensee to pay the intermediary company, the transmission licensee, the distribution licensee and generating company, as the case may be15(2) the tariff determined by the appropriate commission for a licensee shall provide for recovery of all prudent costs of the licensee approved by the appropriate commission in the monthly bills during the tariff period through an appropriate price adjustment formula including wherever applicable the fuel, power purchase and procurement price surcharge formula as may be specified in the tariff policy(3) the appropriate commission may require a licensee or a generating company to furnish separate details, as may be specified in respect of generation, transmission, distribution and supply for determination of tariff20(4) the appropriate commission shall not, while determining the tariff under this act, show undue preference to any consumer of electricity but may differentiate according to the consumer's load factor, power factor, voltage, total consumption of electricity during any specified period or the time at which the supply is required or the geographical position of any area, the nature of supply and the purpose for which the supply is required25(5) no tariff or part of any tariff may ordinarily be amended, more frequently than once in any financial year, except in respect of fuel and power purchase price adjustment which shall be permitted under the terms of the fuel and power purchase price adjustment formula as may be specified by the appropriate commission30(6) the commission may require a licensee or a generating company to comply with such procedure as may be specified for calculating the expected revenues from the tariff and charges which he or it is permitted to recover(7) if any licensee or a generating company recovers a price or charge exceeding the tariff determined under this section, the excess amount shall be recoverable by the person who has paid such price or charge along with interest equivalent to the bank rate without prejudice to any other liability incurred by the licensee"3538 in section 64 of the principal act,—amendment of section 64(i) after sub-section (1), the following sub-sections shall be inserted, namely:—40"(1a) if the application is not filed in time the appropriate commission shall, not later than thirty days of the last date specified for such filing, on its own initiate proceedings for determination of tariff and call for such information, details and document as the appropriate commission may require for such determination(1b) the appropriate commission may draw adverse inference against the generating company or licensee for the failure to provide any information, details and document required to be filed before the appropriate commission"45(ii) in sub-section (3), in the opening portion, for the words "one hundred and twenty days from receipt of an application", the words "ninety days from receipt of application or initiation of proceedings, as the case may be," shall be substituted39 for section 66 of the principal act, the following section shall be substituted, namely:—substitution of new section for section 66development of market5"66 the appropriate commission shall endeavour to promote the developmentof a market (including trading and forward and futures contract) in power and a market for encouraging energy efficiency in power in such manner as may be specified and shall be guided by the national electricity policy, referred to in section 3, and other directions issued by the central government in the public interest from time to time"amendment of section 6740 in section 67 of the principal act, in sub-section (1), for the words "supply ortransmission", the words "distribution or transmission" shall be substituted1041 in section 68 of the principal act,—amendment of section 68(i) in sub-section (1), after the word, brackets and figure "sub-section (2)", thewords and figures "of section 67" shall be inserted;(ii) in sub-section (5), after the words "application of the licensee", the words"or the generating company" shall be substituted;15(iii) in sub-section (6), and before the explanation, after the words "from thelicensee", the words "or the generating company" shall be inserted42 after section 69 of the principal act, the following section shall be inserted, namely:—insertion of new section 69a no objection of licensees20 25"69awhenever any person is carrying out any activity within the area of any transmission or distribution licensee or within the area of any other person operating and maintaining any system for conveyance of electricity and such activity is likely to have any implication on the transmission system or distributions system of such licensee or of such other person, such person shall obtain the prior consent of such licensee or such other person, as the case may be, in such manner as may be specified by the appropriate commission"43 for section 70 of the principal act, the following section shall be substituted, namely:—substitution of new section for section 7030constitution, etc, of central electricity authority54 of 194835 40 45"70 (1) there shall be a body constituted by the central government to be called the central electricity authority to exercise such functions and perform such duties as are assigned to it under this act(2) the central electricity authority, established under section 3 of the electricity(supply) act, 1948 and functioning as such immediately before the date of commencement of the electricity (amendment) act, 2014, shall be deemed to be the central electricity authority for the purposes of this act and the chairperson, members, secretary and other officers and employees thereof shall be deemed to have been appointed under this act and they shall continue to hold office on the same terms and conditions on which they were appointed under the electricity (supply) act, 1948(3) the authority shall consist of not more than fourteen members (including its chairperson) of whom not more than eight shall be full-time members to be appointed by the central government(4) (a) the central government may appoint the chairperson and members of the authority from amongst persons of ability, integrity and standing who have knowledge of, and adequate experience and capacity in, dealing with problems relating to engineering, finance, commerce, economics or industrial matters, and at least one member shall be appointed from each of the following categories, namely:—(i) engineering with specialisation in design, construction, operation and maintenance of generating stations;(ii) engineering with specialisation in transmission and supply of electricity;(iii) applied research in the field of electricity; (iv) applied economics, accounting, commerce or finance;(b) the terms and conditions, including the eligibility and experience of the chairperson and members to be appointed by the central government shall be such as may be prescribed5(5) the chairperson shall be the chief executive of the authority (6) the headquarters of the authority shall be at delhi10(7) the authority shall meet at the head office or any other place at such time as the chairperson may direct, and shall observe such rules of procedure in regard to the transaction of business at its meetings (including the quorum at its meetings) as it may specify(8) the chairperson, or if he is unable to attend a meeting of the authority, any other member nominated by the chairperson in this behalf and in the absence of such nomination or where there is no chairperson, any member chosen by the members present from among themselves shall preside at the meeting15(9) all questions which come up before any meeting of the authority shall be decided by a majority of votes of the members present and voting, and in the event of an equality of votes, the chairperson or the person presiding shall have the right to exercise a second or casting vote20(10) all orders and decisions of the authority shall be authenticated by the secretary or any other officer of the authority duly authorised by the chairperson in this behalf25(11) no act or proceeding of the authority shall be questioned or shall be invalidated merely on the ground of existence of any vacancy in, or any defect in, the constitution of, the authority(12) the chairperson of the authority and other full-time members shall receive such salary and allowances as may be determined by the central government and other members shall receive such allowances and fees for attending the meetings of the authority, as may be prescribed by the central government"30 44 in section 78 of the principal act,—amendment of section 78(a) for sub-section (1), the following sub-section shall be substituted, namely:—"(1) the central government shall, for the purposes of selecting the members of the appellate tribunal and the chairperson and members of the central commission, constitute a selection committee consisting of–35(a) chairperson of the public enterprises selection boardchairperson, ex officio;(b) secretary-in-charge of the ministry of the central governmentdealing with the department of consumer affairs ………………member, ex officio;40(c) secretary-in-charge of the ministry of the central governmentdealing with the department of legal affairs—member, ex officio;(d) a person to be nominated by the central government inaccordance with sub-section (2)……………………… member, ex officio;45(e) a person to be nominated by the central government inaccordance with sub-section (3) …………………………………… member;(f) secretary-in-charge of the ministry of the central governmentdealing with power member, ex officio;amendment of section 795amendment of section 8510 15 2018 of 201325 30amendment of section 863545 in section 79 of the principal act, in sub-section (1), for clause (c), the following clause shall be substituted, namely:—"(c) to regulate the inter-state transmission of electricity including promotion and development of smart grid , ancillary services and decentralised distributed generation;"46 in section 85 of the principal act,—(a) for sub-section (1), the following sub-section shall be substituted, namely:—''(1) the state government shall, for the purposes of selecting the members of the state commission, constitute a selection committee consisting of—(a) a person who has been a judge of the high courtchairperson; (b) the chief secretary of the concerned state member; (c) the chairperson of the authority member;(d) the chairperson of the central commission or a member of the central commission to be nominated by the chairperson member;(e) a person to be nominated by the state government in accordance with sub-section (2a) member;(b) after sub-section (2), the following sub-section shall be inserted, namely:—"(2a) for the purposes of clause (e) of sub-section (1), the state government shall nominate from amongst persons holding the post of chairperson or managing director, by whatever name call, of any public financial institution specified in the companies act, 2013";(c) after sub-section (5), the following sub-section shall be inserted, namely:—"(5a) in case of delay in the constitution of the selection committee for more than two months or in appointment of the chairperson or members of the state commission for more than five months, the central government shall be entitled to nominate one officer from the central electricity authority not below the rank of chief engineer as ex-officio member of that commission and to discharge the functions of the member till such time the member is appointed in terms of this section and the member assumes the charge"47 in section 86 of the principal act, for sub-section (1), the following sub-section shall be substituted, namely:—''(1) the state commission shall discharge the following functions, namely:—(a) determine the tariff for generation, supply, transmission and wheeling of electricity, wholesale, bulk or retail, as the case may be, within the state:provided that where open access has been permitted to a category of consumers under section 42, the state commission shall determine only the wheeling charges and surcharge thereon, if any, for the said category of consumers;40(b) regulate electricity purchase and procurement process of supplylicensees including the price at which electricity shall be procured from the generating companies or licensees or from other sources through agreements for purchase of power for supply within the state;(c) facilitate intra-state transmission and wheeling of electricity and promotesmart grid, net metering, ancillary services and decentralised distributed generation;4550(d) issue licenses to persons seeking to act as transmission licensees,distribution licensees, supply licensees and electricity traders with respect to their operations within the state;(e) promote cogeneration from renewable sources of energy and generationof electricity from renewable sources of energy by providing suitable measures for connectivity with the grid and sale of electricity to any person, and also specify, for purchase of electricity from such sources, a percentage of the total consumption of electricity in the area of a supply licensee;51015(f) promote cogeneration from sources other than renewable sources and hydro power generation by providing suitable measures for connectivity with the grid and sale of electricity to the, licensee having the obligation to supply to consumers in the area of supply;(g) adjudicate upon the disputes amongst the licensees, generating companies, intermediary company or between any of them, as the case may be, and to refer any dispute for arbitration;(h) levy fee for the purposes of this act; (i) specify state grid code consistent with the grid code specified under clause (h) of sub-section (1) of section 79;(j) specify or enforce standards with respect to quality, continuity and reliability of service by licensees;(k) fix the trading margin in the intra-state trading of electricity, irrespective of final destination of the electricity;(l) to require creation of distribution system including metering and related infrastructure by the distribution licensee in a time bound manner;(m) to specify time bound reduction of cross - subsidies in tariff; (n) discharge such other functions as may be assigned to it under this act"48 for section 89 of the principal act, the following section shall be substituted, namely:—20substitution of new section for section 89"89 the chairperson or other member shall hold office for a term of three years from the date he enters upon his office:term of office and conditions of service of members25provided that the chairperson or other member in the central commission or the state commission shall be eligible for one more term through re-appointment in the same capacity as the chairperson or a member in that commission in which he had earlier held office as such:provided further that no chairperson or member shall hold office as such after he has attained the age of sixty-five years"amendment of section 9049 in section 90 of the principal act, after clause (f), the following clause shall beinserted, namely:—30"(g) on the basis of non-performance as adjudged by the committee constituted under section 109a"amendment of section 9250 in section 92 of the principal act, after sub-section (5), the following sub-section shall be inserted, namely:—35"(6) every proceedings before the appropriate commission shall be decided expeditiously and with the endeavour to dispose the proceedings within one hundred and twenty days and in the event of delay, the appropriate commission shall record the reasons for delay beyond one hundred twenty days"amendment of section 944051 in section 94 of the principal act, in sub-section (3), for the word "shall", the word"may" shall be substituted52 after section 109 of the principal act, the following section shall be inserted, namely:—insertion of new section 109a45a review of performance of appropriate commissions"109a (1) the forum of regulators shall, from time to time, constitute an independent committee consisting of not less than three persons of eminence to review the performance of any appropriate commissions and submit a report with recommendations of such committee to the central government(2) the committee appointed under sub-section (1) shall be entitled to take the assistance of experts and consultants to be engaged with the approval of the forum of regulators(3) the functions and the terms of reference, including the time period for submission of the report, by the committee shall be such as may be prescribed by the central government"5amendment of section 12753 in section 127 of the principal act, in sub-section (1), for the words "an appellate authority as may be prescribed", the words, brackets and figures "the ombudsman of the concerned area appointed in terms of sub-section (6) of section 42 and the ombudsman shall be the appellate authority under this section" shall be substituted54 for the marginal heading ''part xiii-reorganisation of board'', the marginal heading''part xiii-reorganisation of board and distribution licensee'' shall be substitutedamendment of marginal heading1055 in section 131 of the principal act—amendment of section 131(i) for the marginal heading "vesting of property of board in state government", the marginal heading "vesting of property of board and distribution licensee in the state government" shall be substituted;(ii) after sub-section (4), the following sub-section shall be inserted, namely:—15 20"(4a) (a) the state government shall within the period specified undersection 51a draw up a transfer scheme for transfer of such of the functions, the property, interest in property, rights and liabilities of the distribution licensees relating to supply of electricity to a company who shall be the incumbent supply licensee for the concerned area of supply and so far as the existing power purchase agreements and procurement arrangements, to which the distribution licensee is the beneficiary in the intermediary company and publish such scheme as statutory transfer scheme under the act25(b) the distribution licensee shall cease to be charged with and shall notperform the functions and duties under this act to the extent of the transfers made under sub clause (a) on and after the effective date of such transfer(c) the functions of the intermediary company shall be such as may be prescribed by the central government"56 for section 142 of the principal act, the following section shall be substituted, namely:—substitution of new section for section 14230punishment for noncompliance of directions by appropriate commission35 40"142 in case any complaint is filed before the appropriate commission by any person or if that commission is satisfied that any generating company or licensee has contravened any of the provisions of this act or the rules or regulations made thereunder, or any direction issued by the commission or has not complied with the renewable purchase obligation or renewable generation obligation as specified, the appropriate commission may after giving such generating company or licensee an opportunity of being heard in the matter, by order in writing, direct that, without prejudice to any other penalty to which the generating company or licensee may be liable under this act, such generating company or licensee shall pay, by way of penalty, which shall not exceed one crore rupees for each contravention and in case of continuing failure with an additional penalty which may extend to one lakh rupees for every day during which the failure continues after contravention of the first such direction:45provided that in case of non- compliance of by a generating company generating renewable energy, such generating company shall be liable to a penalty not exceeding rupees ten lakhs contravention and in case of continuing failure with an additional penalty which may extend to ten thousand rupees for every day during which the failure continues after contravention of the first such direction"57 for section 146 of the principal act, the following section shall be substituted, namely:—5substitution of new section for section 146punishment for noncompliance of orders or directions10"146 whoever, fails to comply with any order or direction given under this act, within such time as may be specified in the said order or direction or contravenes or attempts or abets the contravention of any of the provisions of this act or any rules or regulations made thereunder, shall be punishable with imprisonment for a term which may extend to three months or with fine which may extend to one crore rupees, or with both in respect of each offence and in the case of a continuing failure, with an additional fine which may extend to one lakh rupees for every day during which the failure continues after conviction of the first such offence:provided that nothing contained in this section shall apply to the orders, instructions or directions issued under section 121:15provided further that in case of non-compliance of by a generating company generating renewable energy, any person in charge of such generating company shall be liable for imprisonment for a term which may extend to three months or such generating company shall be liable to pay fine which may extend to ten lakh rupees, or with both in respect of each offence and in the case of a continuing failure, with an additional fine which may extend to ten thousand rupees for every day during which the failure continues after conviction of the first such offence"2058 section 149 of the principal act shall be omittedomission of section 149amendment of section 16225 30amendment of section 16635404559 in section 162 of the principal act, after sub-section (1), the following sub-section shall be inserted, namely:—"(1a) the appropriate government may prescribe—(a) the qualification, training, powers and functions of the chief electrical inspector and electrical inspectors;(b) the fees and charges payable for undertaking the testing, inspection and services by the chief electrical inspector and electrical inspectors; and(c) the manner of inspection to be performed by the chief electrical inspector and the electrical inspectors60 in section 166 of the principal act,—(i) for the marginal heading "coordination forum", the marginal heading"coordination forum, forum of regulations and district committee" shall be substituted;(ii) in sub-section (2), for the words "state commissions", the words "which shall perform such functions as may be prescribed by the central government" shall be inserted;(iii) in sub-section (4), for the words "and distribution licensees engaged in generation, transmission and distribution of electricity" the words "distribution licensees and supply licensee engaged in generation, transmission distribution and supply of electricity" shall be substituted;(iv) after sub-section (5), the following sub-sections shall be inserted, namely:—"(6) the decisions of the co-ordination committee constituted under sub-section (5) shall be placed before the appropriate commission within a period not exceeding seven days(7) the central government shall constitute a forum of electrical inspectors consisting of the chief electrical inspectors and the electrical inspectors of the central government and the state governments and specify its functions"61 in section 176 of the principal act, in sub-section (2)—amendment of section 176(i) after clause (d), the following clause shall be inserted, namely:—(da) the option of the consumer to choose the supply of licensee under subsection (2) of section 51b;(db) the consumption of the electricity, more than the quantity of electricity in a month, by such consumers under the proviso to sub-section (2) section 55;'';5(ii) in clause (g), for the words, brackets and figures "sub-section (14)", thewords, brackets and figure "sub-section (2)" shall be substituted;(iii) in clause (h), for the words, brackets and figures "sub-section (15)", the words, brackets and figure "sub-section (4)" shall be substituted;(iv) after clause (i), the following clause shall be inserted, namely:—10"(ia) the composition of the selection committee for appointment ofchairperson and members of regional commission, the qualifications, terms and conditions of services of the chairperson, members of the regional commission, etc, under section 83a;";(v) after clause (p), the following clause shall be inserted, namely:—15"(pa) the composition, functions and terms of reference of the committeeunder sub-section (3) of section 109a;";(vi) after clause (u), the following clause shall be inserted, namely:—"(ua) the functions of the intermediary under clause (c) of sub-section (4a) of section 131;"20amendment of section 17762 in section 177 of the principal act, in sub-section (2), in clause (a), after the words and figures "under section 34", the words "and also measures for smart grid and ancillary services" shall be inserted63 in section 180 of the principal act, in sub-section (2),(i) after clause (a), the following clause shall be inserted, namely:—amendment of section 18025"(aa) the manner of collection and realisation of other dues along withelectricity dues under section 45a;";(ii) after clause (m), the following clause shall be inserted, namely:—(ma) the powers to be exercised and the functions to be performed and the manner of inspection by the chief electrical inspectors and the inspectors under sub-section (1a) of section 162;''3064 after section 185 of the principal act, the following section shall be inserted, namely:—insertion of new section 186 power to remove difficulties35"186 (1) if any difficulty arises in giving effect to the provisions of the electricity(amendment) act, 2014, the central government may, by order published, make such provisions not inconsistent with the provisions of this act, as may appear to be necessary for removing the difficulty:provided that no order shall be made under this section after the expiry of five years from the date of commencement of this act40(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 electricity act, 2003 (the said act) was enacted to consolidate the laws relating to generation, transmission, distribution, trading and use of electricity and generally for taking measures conducive to development of electricity industry, promoting competition therein, protecting interest of consumers and supply of electricity to all areas, rationalisation of electricity tariff, ensuring transparent policies regarding subsidies, promotion of efficient and environmentally benign policies, constitution of the central electricity authority, regulatory commissions and establishment of appellate tribunal2 a working group on power was constituted by the planning commission on the4th march, 2011 for the purpose of development of power sector the said group, after consultation with various stakeholders, recommended for amendments in the said act based on its recommendations and experience gained during the years, it was felt that there is a need to review and amend some of the provisions keeping in view the overall objectives of the said act to bring in further competition and efficiency in the distribution sector by giving choice to the consumers, promotion of renewable energy, maintenance of grid security, rationalisation of tariff determination and strengthening of the regulatory commissions3 the amendments to the said act have been proposed to segregate the carriage(distribution sector/network) from the content (electricity supply business) in the power sector by introducing multiple supply licensees in the content based on market principles and continuing with the carriage (distribution network) as a regulated activity the proposed amendments also provide for recovery of revenue by licensees without any revenue gap, timely filing of tariff petitions by utilities and disposal of the same by the appropriate commission within a specified time period and empowering the appropriate commissions for initiating suo-motu proceedings for determination of tariff in case the utility or generating companies do not file their petitions in time4 moreover, it is felt necessary to improve accountability and transparency in the working of the appropriate commissions without affecting their functional autonomy and to bring clarity in the provisions pertaining to the central electricity authority further, granting deemed licensee status to companies notified by the central government, the provision of composite electricity bills, installation of smart meters beyond a consumption level to be prescribed by the central government, dedicated transmission lines and certain modifications in the composition of the selection committees at central and state level for selection of the chairperson and members of the regulatory commissions are some of the other amendments proposed in the said act5 accordingly, the electricity (amendment) bill, 2014, inter alia, proposes:—(a) to substitute section 3 of the said act so as to make the provisions for national renewable energy policy in addition to the existing national electricity policy and plan;(b) to amend section 7 of the said act to provide for setting up of renewable energy generating station with a spinning reserve;(c) to substitute section 14 of the said act so as to grant separate licence for distribution and supply and for specific exemptions to promote renewable energy;(d) to amend sub-section (8) of section 15 of the said act so as to substitute the period of licence from twenty five years to such period as may be specified by the appropriate commission(e) to amend sections 29 and 33 of the said act so as to enhance the penalty for non- compliance of directions by the concerned load despatch centres;(f) to substitute section 34 of the said act so as to include the dedicated transmission lines under grid standards;(g) to insert a new section 45a in the said act so as to provide that the appropriate government may, in consultation with the appropriate commission and the concerned authorities, prescribe the manner of collection and realisation of any dues under the relevant laws for the time being in force in that state, along with the electricity dues;(h) to insert new parts via and vib in the said act relating to supply of electricity and other provisions relating to distribution and supply of electricity respectively;(i) to insert a new section 59a enabling the appropriate government to recommend to appropriate commission for revocation of licence;(j) to amend section 61 of the said act so as to promote hydro power, reduction in regulatory assets and making the tariff policy mandatory;(k) to insert a new section 109a in the said act relating to "review of performance of appropriate commission" to constitute a committee for reviewing the performance of the said commission;(l) to amend section 162 of the said act so as to empower the appropriate government to make the rules relating to qualification, training, powers and functions of the chief electrical inspectors, electrical inspectors and levy of fees;6 the notes on clauses explain in detail the various provisions contained in the electricity (amendment) bill, 20147 the bill seeks to achieve the above objectspiyush goyalnew delhi;the 16th december, 2014 notes on clausesclause 2— this clause seeks to amend section 2 of the principal act to amend certain definitions and to insert the new definitions relating to "ancillary services", "area of distribution", "decentralised distributed generation", "electricity distribution code", "incumbent-supply licensee", "intermediary company", "obligated entity", "renewable energy sources", "renewable energy service company", "smart grid" and "provider of last resort"clause 3— this clause seeks to amend section 3 of the principal act to provide for a separate national renewable energy policy for the promotion of renewable sources of energy and for measures to promote smart grid, ancillary services and decentralised distribution generation, etc , clause 4— this clause seeks to amend section 4 of the principal act to provide for harnessing solar power and renewable sources included as a part of the national policy in the context of the stand alone systemclause 5— this clause seeks to amend section 6 of the principal act so as to substitute the expression "area" with the expression "parts of the country"clause 6— this clause seeks to substitute section 7 of the principal act to provide for maintenance of spinning reserve of certain capacity by the generating company and further provide that any generating company establishing a coal and lignite based thermal generating station after a date and in a manner to be notified shall be required to establish a renewable energy generation capacity as prescribed by the central government from time to time which shall not be less than ten per cent of the thermal power installed capacityclause 7— this clause seeks to amend section 8 of the principal act to provide that the multipurpose hydro power with power generation shall be included as a part of hydroelectric generation further, it is provided that the central electricity authority while giving concurrence to the hydro stations should take into account the maintenance of minimum ecological flow in the riverclause 8— this clause seeks to amend section 12 of the principal act so as to introduce the provision of a supply licensee and also to make other consequential changes due to the segregation of carriage and contentclause 9— this clause seeks to substitute section 14 of the principal act empowering the appropriate commission to grant licence to any person to transmit electricity as transmission licensee or to distribute electricity as a distribution licenseeclause 10— this clause seeks to amend section 15 of the principal act so as to clarify that the period of license shall be specified by the appropriate commissionclause 11— this clause seeks to amend section 20 of the principal act to bring clarity in respect of provisions pertaining to expiry, revocation of licence and regarding purchase price of utilityclause 12— this clause seeks to substitute section 24 of the principal act so as to enable the appropriate commission to suspend the licence of the distribution licensee or a supply licensee and appoint an administrator to discharge the functions of the distribution licensee or a supply licensee in accordance with the terms and conditions of the licenceclause 13— this clause seeks to amend section 29 of the principal act to increase the quantum of penalty for violation of directions by the regional load despatch centresclause 14— this clause seeks to amend section 33 of the principal act to increase the quantum of penalty for violation of directions by the state load despatch centresclause 15— this clause seeks to substitute section 34 of the principal act to provide for compliance of grid standards as specified by the central electricity authority by any licensee or a generating company or any person maintaining a dedicated transmission line or any other person whose system is connected to the gridclause 16— this clause seeks to amend section 37 of the principal act to empower the appropriate government to issue directions for grid security and safetyclause 17— this clause seeks to amend section 38 of the principal act to provide that a consumer getting electricity through open access shall be subject to payment of surcharge in addition to the transmission charges further, it has been clarified that the surcharge shall be as specified by the appropriate state commission instead of the central commission as it is the state commission which deals with the cross subsidy and not the central commissionclause 18— this clause seeks to amend section 39 of the principal act to provide that a consumer getting electricity through open access shall be subject to payment of surcharge in addition to the transmission chargesclause 19— this clause seeks to amend section 40 of the principal act to clarify that the quantum of surcharge to be paid as specified by the appropriate commission of the state where the end- use premise of the consumer is locatedclauses 20— this clause seeks to substitute section 42 of the principal act so as to specify the duties of distribution licensee and also provide certain provisions relating to open accessclause 21— this clause seeks to substitute section 43 of the principal act so as to provide that every distribution licensee, shall, on an application by the owner or occupier of any premises in the area of distribution, give connection to such premises to enable supply of electricity, within fifteen days after receipt of the application requiring such supplyclauses 22— this clause seeks to amend section 44 of the principal act so as to substitute the words "licence to give supply" with the words "licence to distribute electricity"clauses 23— this clause seeks to substitute section 45 of the principal act so as to provide that the prices to be charged by a distribution licensee for the distribution of electricity by him in pursuance of section 43 shall be in accordance with such tariffs determined by the appropriate commission and such charges authorised by the appropriate commission or otherwise fixed from time-to-time as per conditions of his licenceclause 24— this clause seeks to insert a new section 45a in the principal act so as to provide that the appropriate government may, in consultation with the appropriate commission and the concerned authorities, prescribe the manner of collection and realisation of any dues under the relevant laws for the time being in force in that state, along with the electricity duesclause 25— this clause seeks to amend section 46 of the principal act so as to substitute the words "requiring a supply of electricity", with the words "requiring connectivity to the distribution system" and the words "giving and supply", with the words "giving and maintaining the connection for enabling supply of electricity"clause 26— this clause seeks to amend section 47 of the principal act so as to provide that a distribution licensee in the area of distribution may require any person, who requires connectivity to the distribution system in pursuance of section 51a, to give him reasonable security, for the payment to him of all monies which may become due to him in respect of the electricity distributed to such person or where any electric line or electrical plant or electric meter is to be provided for distributing electricity to such person, in respect of the provision of such line or plant or meter, and if that person fails to give such security, the distribution licensee may, if he thinks fit, refuse to distribute electricity or to provide the line or plant or meter for the period during which the failure continuesclause 27— this clause seeks to amend section 48 of the principal act so as to substitute the words "supply of electricity", with the words "distribution of electricity" and the word "supplied" with the word "distributed"clause 28— this clause seeks to substitute section 49 of the principal act so as provide that with effect from the commencement of the electricity (amendment) act, 2014, all consumers having a connected load of 1 mega watt and above may enter into an agreement with any person for supply or purchase of electricity on such terms and conditions (including tariff) as may be agreed upon by themclause 29— this clause seeks to substitute section 50 of the principal act so as to provide that the state commission shall specify an electricity distribution code to provide for recovery of electricity charges, intervals for billing of electricity charges, disconnection of connectivity of electricity for non-payment thereof, restoration of supply of electricity, measures for preventing tampering, distress or damage to electrical plant or electrical line or meter, entry of distribution licensee or any person acting on his behalf for disconnecting connection and removing the meter, entry for replacing, altering or maintaining electric lines or electrical plants or meter and such other mattersclause 30— this clause seeks to insert a new part via in the principal act containing sections 51a to 51 g to deal with the supply of electricity as distinct from the distribution of electricityclause 31— this clause seeks to insert a new part vib in the principal act containing section 51h to deal with the common provisions applicable to both the distribution and supply functionclause 32— this clause seeks to amend section 54 of the principal act whereby the metro railway under the metro railways (operation maintenance) act, 2002 has been added in addition to railways in view of the necessity to treat both alikeclause 33—this clause seeks to amend section 55 of the principal act whereby additions have been made for proper energy accounting at various stages through an appropriate meterclause 34— this clause seeks to amend section 56 of the principal act and a provision has been made in regard to pre-paid meters, wherein the concept of notice for disconnection shall not be requiredclause 35— this clause seeks to insert a new section 59a in the principal act to enable the appropriate government to recommend for revocation of licence due to noncompliance of standard of performance by the licenseeclause 36— this clause seeks to amend section 61 of the principal act whereby certain additional guidelines have been added in regard to tariff determination it has been specifically provided that the provisions of the tariff policy shall be followed by the appropriate commission in the tariff determinationclause 37— this clause seeks to substitute section 62 of the principal act so as to provide the determination of tariff by the appropriate commission for the reasons mentioned in the sub-section (1) of the said section it is further provided that the tariff determined by the appropriate commission for a licensee shall provide for recovery of all prudent costs of the licensee approved by the appropriate commission in the monthly bills during the tariff period through an appropriate price adjustment formula including wherever applicable the fuel, power purchase and procurement price surcharge formula as may be specified in the tariff policy it is also provided that the appropriate commission may require a licensee or a generating company to furnish separate details, as may be specified in respect of generation, transmission, distribution and supply for determination of tariffclause 38— this clause seeks to amend section 64 of the principal act so as to provide the consequences of tariff petition not being filed in time by the utilities and enables the appropriate commission to proceed ahead in view of the importance of timely tariff revision for viability of the power sectorclause 39— this clause seeks to substitute section 66 of the principal act so as to provide that the appropriate commission shall endeavour to promote the development of a market (including trading and forward and futures contract) in power and a market for encouraging energy efficiency in power in such manner as may be specified and shall be guided by the national electricity policy, referred to in section 3, and other directions issued by the central government in the public interest from time to timeclause 40— this clause seeks to amend section 67 of the principal act so as to make certain consequential amendments on account of the segregation of distribution and supply functionsclause 41— this clause seeks to amend section 68 of the principal act so as to make certain amendments in the said section which are consequential in natureclause 42— this clause seeks to insert a new section 69a in the principal act for taking prior consent of the existing licensee while carrying on any activity in the area of licensee this is to protect the interest of the existing licensee and to avoid interruptions in the power systemclause 43— this clause seeks to amend section 70 of the principal act so as to bring clarity in the provisions relating the central electricity authorityclause 44— this clause seeks to amend section 78 of the principal act so as to make certain amendments in the provisions of the selection committee to select members of the central commissionclause 45— this clause seeks to amend section 79 of the principal act so as to include a new clause in sub-section (1) of the said section relating to functions of the central commissionclause 46— this clause seeks to amend section 85 of the principal act so as to make certain amendments in the provisions of the selection committee to select members of the state commissionclause 47— this clause seeks to amend section 86 of the principal act so as to provide additional functions being discharged by the state commissionclause 48— this clause seeks to amend section 89 of the principal act so as to provide the duration of the period of chairman and members of the state and central commission to be reduced from five years to three years and with a provision of reappointment for one more term of three yearsclause 49— this clause seeks to amend section 90 of the principal act so as to provide the conditions under which a member of the commission can be removed on the basis of non-performance as adjudged by a committee to be constituted by the forum of regulatorsclause 50— this clause seeks to amend section 92 of the principal act to provide that the appropriate commission shall decide the matters expeditiously and in case of delay, the reasons shall be recorded by the commissionclause 51— this clause seeks to amend section 94 of the principal act to provide that the appropriate commission shall appoint a person to represent the interest of the consumersclause 52— this clause seeks to insert a new section 109a in regard to the appointment of a committee by forum for regulators to review the performance of the appropriate commissionclause 53— this clause seeks to amend section 127 of the principal act to provide that the ombudsman to be appointed under sub-section (6) of section 42 shall be the appellate authorityclause 54— this clause seeks to amend the marginal heading of "part xiii - reorganisation of board", as "part xiii - re-organisation of board and distribution licensee" where the amendment is consequential in natureclause 55— this clause seeks to amend section 131 of the principal act to provide for re-organisations provisions to implement the segregation of the distribution functions and supply functions through a statutory schemeclause 56— this clause seeks to substitute section 142 of the principal act to provide punishment for non-compliance of directions by the appropriate commission the said section provide that for non-compliance of directions, the generating company or licensee shall pay, by way of penalty, which shall not exceed one crore rupees for each contravention and in case of continuing failure with an additional penalty which may extend to one lakh rupees for every day during which the failure continuesclause 57— this clause seeks to amend section 146 of the principal act to provide punishment for non-compliance of orders or directions given under the act with an imprisonment for a term which may extend to three months or with fine which may extend to one crore rupees, or with both in respect of each offence and in case of continuing failure with an additional penalty which may extend to one lakh rupees for every day during which the failure continuesclause 58— this clause provides for omission of section 149 of the principal act as substantive provisions of the act cover matters relating to offences by the companyclause 59— this clause seeks to amend section 162 of the principal act so as to empower the appropriate government to make the rules relating to qualification, training, powers and functions of the chief electrical inspectors, electrical inspectors and levy of feesclause 60— this clause seeks to amend section 166 of the principal act so as to make certain amendments in the said section which are consequential in natureclause 61— this clause seeks to amend section 176 of the principal act so as to empower the central government to frame rules on certain matters which have been inserted by the proposed amendmentsclause 62— this clause seeks to amend section 177 of the principal act so as to empower the central electricity authority to frame regulations on certain matters which have been inserted by the proposed amendmentsclause 63— this clause seeks to amend section 180 of the principal act to empower the state government to frame rules on certain matters which have been inserted by the proposed amendmentsclause 64— this clause seeks to insert a new section 186 to empower the central government to issue orders for removal of difficulty while during implementation of the electricity (amendment) act, 2014 memorandum regarding delegated legislationclause 61 of the bill seeks to amend section 176 of the electricity act, 2003 which empowers the central government to make rules the matters on which rules may be made inter alia, relate to (a) the option of the consumer to choose the supply of licensee under sub-section (2) of section 51b; (b) the consumption of the electricity more than the quantity of electricity in a month, by such consumers under the proviso to sub-section (2) of section55; (c) the composition, functions and terms of reference of the committee under sub-section (3) of section 109a, and (d) the functions of the intermediary company under clause (c) of sub-section (4a) of section 1312 clause 62 of the bill seeks to amend section 177 of the electricity act which empowers the central electricity authority to make regulations and for this purpose, it is proposed to amend clause (a) of sub-section (2) of said section which is consequential in nature3 clause 63 of the bill seeks to amend section 180 of the principal act, which empowers the state government to make rules the matters on which rules may be made, inter alia, relate to (a) the manner of collection and realisation of other dues along with electricity dues under section 45a and; (b) the powers to be exercised and the functions to be performed and the manner of inspection by the chief electrical inspectors and the inspectors under sub-section (ia) of section 1624 the matters in respect of which the said rules and regulations may be made are matters of procedure and administrative detail, and as such, it is not practicable to provide for them in the bill itself the delegation of legislative power is, therefore, of a normal character extracts from the electricity act, 2003 (36 of 2003) 2 in this act, unless the context otherwise requires,—definitions(1) (3) ''area of supply'' means the area within which a distribution licensee is authorised by his licence to supply electricity; (8) ''captive generating plant'' means a power plant set up by any person to generate electricity primarily for his own use and includes a power plant set up by any co-operative society or association of persons for generating electricity primarily for use of members of such co-operative society or association; (12)''cogeneration'' means a process which simultaneously produces two or more forms of useful energy (including electricity); (16) ''dedicated transmission lines'' means any electric supply-line for point to point transmission which are required for the purpose of connecting electric lines or electric plants of a captive generating plant referred to in section 9 or generating station referred to in section 10 to any transmission lines or sub-stations or generating stations, or the load centre, as the case may be;(17) ''distribution licensee'' means a licensee authorised to operate and maintain a distribution system for supplying electricity to the consumers in his area of supply; (23) ''electricity'' means electrical energy—(a) generated, transmitted, supplied or traded for any purpose; or (24) ''electricity supply code'' means the electricity supply code specified under section 50; 1 of 1956(31) ''government company'' shall have the meaning assigned to it in section617 of the companies act, 1956; (35) ''high voltage line'' means an electric line or cable of a nominal voltage as may be specified by the authority from time to time; (41) ''local authority'' means any nagar panchayat, municipal council, municipal corporation, panchayat constituted at the village, intermediate and district levels, body of port commissioners or other authority legally entitled to, or entrusted by the union or any state government with, the control or management of any area or local fund; (71) ''trading'' means purchase of electricity for resale thereof and the expression''trade'' shall be construed accordingly; (72) ''transmission lines'' means all high pressure cables and overhead lines(not being an essential part of the distribution system of a licensee) transmitting electricity from a generating station to another generating station or a sub-station, together with any step-up and step-down transformers, switch-gear and other works necessary to and used for the control of such cables or overhead lines, and such buildings or part thereof as may be required to accommodate such transformers, switchgear and other works; part ii national electricity policy and plannational electricity policy and plan3 (1) the central government shall, from time to time, prepare the national electricity policy and tariff policy, in consultation with the state governments and the authority for development of the power system based on optimal utilisation of resources such as coal, natural gas, nuclear substances or materials, hydro and renewable sources of energy(2) the central government shall publish the national electricity policy and tariff policy from time to time(3) the central government may, from time to time, in consultation with the state governments and the authority, review or revise the national electricity policy and tariff policy referred to in sub-section (1)(4) the authority shall prepare a national electricity plan in accordance with the national electricity policy and notify such plan once in five years:provided that the authority while preparing the national electricity plan shall publish the draft national electricity plan and invite suggestions and objections theron from licenses, generating companies and the publish within such time as may be prescribed:provided further that the authority shall—(a) notify the plan after obtaining the approval of the central government; (b) revise the plan incorporating therein the directions, if any, given by the central government while granting approval under clause (a) (5) the authority may review or revise the national electricity plan in accordance with the national electricity policy4 the central government shall, after consultation with the state governments, prepare and notify a national policy, permitting stand alone systems (including those based on renewable sources of energy and other non-conventional sources of energy) for rural areasnational policy on stand alone systems for rural areas and nonconventional energy systems 6 the concerned state government and the central government shall jointly endeavour to provide access to electricity to all areas including villages and hamlets through rural electricity infrastructure and electrification of householdsjoint responsibility to state government and central government in rural electrification part iii generating of electricity7 any generating company may establish, operate and maintain a generating station without obtaining a licence under this act if it complies with the technical standards relating to connectivity with the grid referred to in clause (b) of section 73generating company and requirement for setting up of generating stationhydroelectric generation8 (1) notwithstanding anything contained in section 7, any generating company intending to set up a hydro-generating station shal prepare and submit to the authority for its concurrence, a scheme estimated to involve a capital expenditure exceeding such sum, as may be fixed by the cenral government, from time to time, by notification(2) the authority shall, before concurring in any scheme submitted to it under subsection (1) have particular regard to, whether or not in its opinion,— part iv licensing12 no person shall—(a) transmit electricity; or (b) distribute electricity; or authorised persons to transmit, supply, etc, electricity(c) undertake trading in electricity, unless he is authorised to do so by a licence issued under section 14, or is exempt under section 13 grant of licence14 the appropriate commission may, on an application made to it under section 15, grant a licence to any person—(a) to transmit electricity as a transmission; or (b) to distribute electricity as a distribution licensee;or (c) to undertake trading in electricity as an electricity trader, in any area as may be specified in the licence:provided that any person engaged in the business of transmission or supply of electricity under the provisions of the repealed laws or any act specified in the schedule on or before the appointed date shall be deemed to be a licensee under this act for such period as may be stipulated in the licence, clearance or approval granted to him under the repealed laws or such act specified in the schedule, and the provisions of the repealed laws or such act specified in the schedule in respect of such licence shall apply for a period of one year from the date of commencement of this act or such earlier period as may be specified, at the request of the licensee, by the appropriate commission and thereafter the provisions of this act shall apply to such business:provided further that the central transmission utility or the state transmission utility shall be deemed to be a transmission licensee under this act:provided also that in case an appropriate government transmits electricity or distributes electricity or undertakes trading in electricity, whether before or after the commencement of this act, such government shall be deemed to be a licensee under this act, but shall not be required to obtain a licence under this act:14 of 1948provided also that the damodar valley corporation, established under sub-section (1)of section 3 of the damodar valley corporation act, 1948, shall be deemed to be a licensee under this act but shall not be required to obtain a licence under this act and the provisions of the damodar valley corporation act, 1948, in so far as they are not inconsistent with the provisions of this act, shall continue to apply to that corporation:provided also that the government company or the company referred to in sub-section (2)of section 131 of this act and the company or companies created in pursuance of the acts specified in the schedule, shall be deemed to be a licensee under this act:provided also that the appropriate commission may grant a licence to two or more persons for distribution of electricity through their own distribution system within the same area, subject to the conditions that the applicant for grant of licence within the same area shall, without prejudice to the other conditions or requirements under this act, comply with the additional requirements relating to the capital adequacy, creditworthiness, or code of conduct as may be prescribed by the central government, and no such applicant, who complies with all the requirements for grant of licence, shall be refused grant of licence on the ground that there already exists a licensee in the same area for the same purpose:provided also that in a case where a distribution licensee proposes to undertake distribution of electricity for a specified area within his area of supply through another person, that person shall not be required to obtain any separate licence from the concerned state commission and such distribution licensee shall be responsible for distribution of electricity in his area of supply:provided also that where a person intends to generate and distribute electricity in a rural area to be notified by the state government, such person shall not require any licence for such generation and distribution of electricity, but he shall comply with the measures which may be specified by the authority under section 53:provided also that a distribution licensee shall not require a licence to undertake trading in electricity15 (1) procedure for grant of licence(8) a licence shall continue to be in force for a period of twenty-five years unless such licence is revoked 20 (1) where the appropriate commission revokes under section 19 the licence of any licensee, the following provisions shall apply, namely:—sale of utilities of licensees(a) the appropriate commission shall invite applications for acquiring the utility of the licensee whose licence has been revoked and determine which of such applications should be accepted, primarily on the basis of the highest and best price offered for the utility; (c) all the rights, duties, obligations and liabilities of the licensee, on and from the date of revocation of licence or on and from the date, if earlier, on which the utility of the licensee is sold to a purchaser, shall obsolutely cease except for any liabilities which have accrued prior to that date; (2) where a utility is sold under sub-section (1), the purchaser shall pay to the licensee the purchase price of the utility in such manner as may be agreed upon(3) where the appropriate commission issues any notice under sub-section (1)requiring the licensee to sell the utility, it may, by such notice, require the licensee to deliver the utility, and thereupon the licensee shall deliver on a date specified in the notice, the utility to the designated purchaser on payment of the purchase price thereof 24 (1) if at any time the appropriate commission is of the opinion that a distribution licensee—suspension of distribution licence and sale of utility(a) has persistently failed to maintain uninterrupted supply of electricity conforming to standards regarding quality of electricity to the consumers; or(b) is unable to discharge the functions or perform the duties imposed on it by or under the provisions of this act; or(c) has persistently defaulted in complying with any direction given by the appropriate commission under this act; or(d) has broken the terms and conditions of licence, and circumstances exist which render it necessary for it in public interest so to do, the appropriate commission may, for reasons to be recorded in writing, suspend, for a period not exceeding one year, the licence of the distribution licensee and appoint an administrator to discharge the functions of the distribution licensee in accordance with the terms and conditions of the licence:provided that before suspending a licence under this section, the appropriate commission shall give a reasonable opportunity to the distribution licensee to make representations against the proposed suspension of licence and shall consider the representation, if any, of the distribution licensee (2) upon suspension of licence under sub-section (1), the utilities of the distribution licensee shall vest in the administrator for a period not exceeding one year or up to the date on which such utility is sold in accordance with the provisions contained in section 20, whichever is later(3) the appropriate commission shall, within one year of appointment of the administrator under sub-section (1), either revoke the licence in accordance with the provisions contained in section 19 or revoke suspension of the licence and restore the utility to the distribution licensee whose licence had been suspended, as the case may be(4) in a case where the appropriate commission revokes the licence under sub-section (3), the utility of the distribution licensee shall be sold within a period of one year from the date of revocation of the licence in accordance with the provisions of section 20 and the price after deducting the administrative and other expenses on sale of utilities be remitted to the distribution licensee 29 (1) compliance of directions(6) if any licensee, generating company or any other person fails to comply with the directions issued under sub-section (2) or sub-section (3), he shall be liable to a penalty not exceeding rupees fifteen lacs 33 (1) compliance of directions(5) if any licensee, generating company or any other person fails to comply with the directions issued under sub-section (1), he shall be liable to a penalty not exceeding rupees five lacs other provisions relating to transmissiongrid standards34 every transmission licensee shall comply with such technical standards, of operation and maintenance of transmission lines, in accordance with the grid standards, as may be specified by the authority directions by appropriate government37 the appropriate government may issue directions to the regional load despatch centres or state load despatch centres, as the case may be, to take such measures as may be necessary for maintaining smooth and stable transmission and supply of electricity to any region or state38 (1) (2) the functions of the central transmission utility shall be—central transmission utility and functions (d) to provide non-discriminatory open access to its transmission system for use by— (ii) any consumer as and when such open access is provided by the state commission under sub-section (2) of section 42, on payment of the transmission charges and a surcharge thereon, as may be specified by the central commission: provided that such surcharge shall be utilised for the purpose of meeting the requirement of current level cross-subsidy:provided further that such surcharge and cross subsidies shall be progressively reduced omitted in the manner as may be specified bythe central commission:provided also that the manner of payment and utilisation of the surchage shall be specified by the central commission:provided also that such surcharge shall not be leviable in case open access is provided to a person who has established a captive generating plant for carrying the electricity to the destination of his own use39(1) (2) the functions of the state transmission utility shall be—state transmission utility and functions (d) to provide non-discriminatory open access to its transmission system for use by— [10] m c(ii) any consumer as and when such open access is provided by the state commission under sub-section (2) of section 42, on payment of the transmission charges and a surcharge thereon, as may be specified by the state commission: provided that such surcharge shall be utilised for the purpose of meeting the requirement of current level cross-subsidy:provided further that such surcharge and cross subsidies shall be progressively reduced in the manner as may be specified by the state commission:provided also that the manner of payment and utilisation of the surcharge shall be specified by the state commission:provided also that such surcharge shall not be leviable in case open access is provided to a person who has established a captive generating plant for carrying the electricity to the destination of his own use40 it shall be the duty of a transmission licensee— duties of transmission licensees(c) to provide non-discriminatory open access to its transmission system for use by— [10] m c(ii) any consumer as and when such open access is provided by the state commission under sub-section (2) of section 42, on payment of the transmission charges and a surcharge thereon, as may be specified by the state commission: provided that such surcharge shall be utilised for the purpose of meeting the requirement of current level cross-subsidy:provided further that such surcharge and cross subsidies shall be progressively reduced in the manner as may be specified by the appropriate commission:provided also that the manner of payment and utilisation of the surcharge shall be specified by the appropriate commission:provided also that such surcharge shall not be leviable in case open access is provided to a person who has established a captive generating plant for carrying the electricity to the destination of his own use part vi distribution of electricity provisions with respect to distribution licensees42 (1) it shall be the duty of a distribution licensee to develop and maintain an efficient, co-ordinated and economical distribution system in his area of supply and to supply electricity in accordance with the provisions contained in this actduties ofdistributionlicensee and open access(2) the state commission shall introduce open access in such phases and subject to such conditions, (including the cross subsidies, and other operational constraints) as may be specified within one year of the appointed date by it and in specifying the extent of open access in successive phases and in determining the charges for wheeling, it shall have due regard to all relevant factors including such cross subsidies, and other operational constraints:provided that such open access shall be allowed on payment of a surcharge in addition to the charges for wheeling as may be determined by the state commission:provided further that such surcharge shall be utilised to meet the requirements of current level of cross subsidy within the area of supply of the distribution licensee:provided also that such surcharge and cross subsidies shall be progressively reduced in the manner as may be specified by the state commission:provided also that such surcharge shall not be leviable in case open access is provided to a person who has established a captive generating plant for carrying the electricity to the destination of his own use:57 of 2003provided also that the state commission shall, not later than five years from the date ofcommencement of the electricity (amendment) act, 2003, by regulations, provide such open access to all consumers who require a supply of electricity where the maximum power to be made available at any time exceeds one megawatt(3) where any person, whose premises are situated within the area of supply of a distribution licensee, (not being a local authority engaged in the business of distribution of electricity before the appointed date) requires a supply of electricity from a generating company or any licensee other than such distribution licensee, such person may, by notice, require the distribution licensee for wheeling such electricity in accordance with regulations made by the state commission and the duties of the distribution licensee with respect to such supply shall be of a common carrier providing non-discriminatory open access(4) where the state commission permits a consumer or class of consumers to receive supply of electricity from a person other than the distribution licensee of his area of supply, such consumer shall be liable to pay an additional surcharge on the charges of wheeling, as may be specified by the state commission, to meet the fixed cost of such distribution licensee arising out of his obligation to supply(5) every distribution licensee shall, within six months from the appointed date or date of grant of licence, whichever is earlier, establish a forum for redressal of grievances of the consumers in accordance with the guidelines as may be specified by the state commission(6) any consumer, who is aggrieved by non-redressal of his grievances under subsection (5), may make a representation for the redressal of his grievance to an authority to be known as ombudsman to be appointed or designated by the state commission(7) the ombudsman shall settle the grievance of the consumer within such time and in such manner as may be specified by the state commission(8) the provisions of sub-sections (5), (6) and (7) shall be without prejudice to right which the consumer may have apart from the rights conferred upon him by those subsectionsduty to supply on request43 (1) save as otherwise provided in this act, every distribution licensee, shall, on a application by the owner or occupier of any premises, give supply of electricity to such premises, within one month after receipt of the application requiring such supply:provided that where such supply requires extension of distribution mains, or commissioning of new sub-stations, the distribution licensee shall supply the electricity to such premises immediately after such extension or commissioning or within such period as may be specified by the appropriate commission:provided further that in case of a village or hamlet or area wherein no provisions for supply of electricity exists, the appropriate commission may extend the said period as it may consider necessary for electrification of such village or hamlet or areaexplanation— for the purposes of this sub-section, "application" means the application complete in all respects in the appropriate form, as required by the distribution licensee, along with documents showing payment of necessary charges and other compliances(2) it shall be the duty of every distribution licensee to provide, if required, electric plant or electric line for giving electric supply to the premises specified in sub-section (1):provided that no person shall be entitled to demand, or to continue to receive, from a licensee a supply of electricity for any premises having a separate supply unless he has agreed with the licensee to pay to him such price as determined by the appropriate commission(3) if a distribution licensee fails to supply the electricity within the period specified in sub-section (1), he shall be liable to a penalty which may extend to one thousand rupees for each day of default44 nothing contained in section 43 shall be taken as requiring a distribution licensee to give supply of electricity to any premises if he is prevented from so doing by cyclone, floods, storms or other occurences beyond his controlexceptions from duty to supply electricity power to recover charges45 (1) subject to the provisions of this section, the prices to be charged by a distribution licensee for the supply of electricity by him in pursuance of section 43 shall be in accordance with such tariffs fixed from time to time and conditions of his licence(2) the charges for electricity supplied by a distribution licensee shall be—(a) fixed in accordance with the methods and the principles as may be specified by the concerned state commission;(b) published in such manner so as to give adequate publicity for such charges and prices (3) the charges for electricity supplied by a distribution licensee may include—(a) a fixed charge in addition to the charge for the actual electricity supplied; (b) a rent or other charges in respect of any electric meter or electrical plant provided by the distribution licensee (4) subject to the provisions of section 62, in fixing charges under this section a distribution licensee shall not show undue preference to any person or class of persons or discrimination against any person or class of persons(5) the charges fixed by the distribution licensee shall be in accordance with the provisions of this act and the regulations made in this behalf by the concerned state commissionpower to recover expenditure46 the state commission may, by regulations, authorise a distribution licensee to charge from a person requiring a supply of electricity in pursuance of section 43 any expenses reasonably incurred in providing any electric line or electrical plant used for the purpose of giving that supplypower to require security47 (1) subject to the provisions of this section, a distribution licensee may require any person, who requires a supply of electricity in pursuance of section 43, to give him reasonable security, as may be determined by regulations, for the payment to him of all monies which may become due to him—(a) in respect of the electricity supplied to such person; or (b) where any electric line or electrical plant or electric meter is to be provided for supplying electricity to such person, in respect of the provision of such line or plant or meter, and if that person fails to give such security, the distribution licensee may, if he thinks fit, refuse to give the supply of electricity or to provide the line or plant or meter for the period during which the failure continues(2) where any person has not given such security as is mentioned in sub-section (1)or the security given by any person has become invalid or insufficient, the distribution licensee may, by notice, require that person, within thirty days after the service of the notice, to give him reasonable security for the payment of all monies which may become due to him in respect of the supply of electricity or provision of such line or plant or meter(3) if the person referred to in sub-section (2) fails to give such security, the distribution licensee may, if he thinks fit, discontinue the supply of electricity for the period during which the failure continues 48 a distribution licensee may require any person who requires a supply of electricity in pursuance of section 43 to accept—additional terms of supply (b) any terms restricting any liability of the distribution licensee for economic loss resulting from negligence of the person to whom the electricity is suppliedagreements with respect to supply or purchase of electricity49 where the appropriate commission has allowed open access to certain consumers under section 42, such consumers, notwithstanding the provisions contained in clause (d) of sub-section (1) of section 62, may enter into an agreement with any person for supply or purchase of electricity on such terms and conditions (including tariff) as may be agreed upon by themthe electricity supply code50 the state commission shall specify an electricity supply code to provide for recovery of electricity charges, intervals for billing of electricity charges, disconnection of supply of electricity for non-payment thereof, restoration of supply of electricity, measures for preventing tampering, distress or damage to electrical plant or electrical line or meter, entry of distribution licensee or any person acting on his behalf for disconnecting supply and removing the meter, entry for replacing, altering or maintaining electric lines or electrical plants or meter and such other matters 54 (1) save as otherwise exempted under this act, no person other than the central transmission utility or a state transmission utility, or a licensee shall transmit or use electricity at a rate exceeding two hundred and fifty watts and one hundred volts—control of transmission and use of electricity(a) in any street, or (b) in any place,—(i) in which one hundred or more persons are ordinarily likely to be assembled; or63 of 1948 35 of 1952(ii) which is a factory within the meaning of the factories act, 1948 or a mine within the meaning of the mines act, 1952; or(iii) to which the state government, by general or special order, declares the provisions of this sub-section to apply, without giving, before the commencement of transmission or use of electricity, not less than seven days' notice in writing of his intention to the electrical inspector and to the district magistrate or the commissioner of police, as the case may be, 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 xvii of this act, as may be applicable:24 of 1989provided that nothing in this section shall apply to electricity used for the public carriage of passengers, animals or goods, on, or for the lighting or ventiliation of the rolling stock of any railway or tramway subject to the provisions of the railways act, 1989 55 (1) use, etc, of meters(2) for proper accounting and audit in the generation, transmission and distribution or trading of electricity, the authority may direct the installation of meters by a generating company or licensee at such stages of generation, transmission or distribution or trading of electricity and at such locations of generation, transmission or distribution or trading, as it may deem necessary part vii tarifftariff regulations61 the appropriate commission shall, subject to the provisions of this act, specify the terms and conditions for the determination of tariff, and in doing so, shall be guided by the following, namely:— (d) safeguarding of consumers' interest and at the same time, recovery of the cost of electricity in a reasonable manner; (h) the promotion of co-generation and generation of electricity from reasonable sources of energy;(i) the national electricity policy and tariff policy: determination of tariff62 (1) the appropriate commission shall determine the tariff in accordance with the provisions of this act for—(a) supply of electricity by a generating company to a distribution licensee:provided that the appropriate commission may, in case of shortage of supply of electricity, fix the minimum and maximum ceiling of tariff for sale or purchase of electricity in pursuance of an agreement, entered into between a generating company and a licensee or between licensees, for a period not exceeding one year to ensure reasonable prices of electricity; (b) transmission of electricity;(c) wheeling of electricity;(d) retail sale of electricity:provided that in case of distribution of electricity in the same area by two or more distribution licensees, the appropriate commission may, for promoting competition among distribution licensees, fix maximum ceiling of tariff for retail sale of electricity(2) the appropriate commission may require a licensee or a generating company to furnish separate details, as may be specified in respect of generation, transmission and distribution for determination of tariff(3) the appropriate commission shall not, while determining the tariff under this act, show undue preference to any consumer of electricity but may differentiate according to the consumer's load factor, power factor, voltage, total consumption of electricity during any specified period or the time at which the supply is required or the geographical position of any area, the nature of supply and the purpose for which the supply is required(4) no tariff or part of any tariff may ordinarily be amended, more frequently than one in any financial year, except in respect of any changes expressly permitted under the terms of any fuel surcharge formula as may be specified(5) the commission may require a licensee or a generating company to comply with such procedure as may be specified for calculating the expected revenues from the tariff and charges which he or it is permitted to recover(6) if any licensee or a generating company recovers a price or charge exceeding the tariff determined under this section, the excess amount shall be recoverable by the person who has paid such price or charge along with interest equivalent to the bank rate without prejudice to any other liability incurred by the licensee 64 (1) procedure for tarrif order(3) the appropriate commission shall, within one hundred and twenty days from receipt of an application under sub-section (1) and after considering all suggestions and objections received from the public,—(a) issue a tariff order accepting the application with such modifications or such conditions as may be specified in that order;(b) reject the application for reasons to be recorded in writing if such application is not in accordance with the provisions of this act and the rules and regulations made thereunder or the provisions of any other law for the time being in force: provided that an applicant shall be given a reasonable opportunity of being heard before rejecting his application development of market66 the appropriate commission shall endeavour to promote the development of a market (including trading) in power in such manner as may be specified and shall be guided by the national electricity policy referred to in section 3 in this regard part viii worksworks of licensees provision as to opening up of streets, railways, etc67 (1) a licenses may, from time to time but subject always to the terms and conditions of his licence, within his area of supply or transmission or when permitted by the terms of his licence to lay down or place electrict supply lines without the area of supply, without that area carry out works such as—(a) to open and break up the soil and pavement of any street, railway or tramway;(b) to open and break up any sewer, drain or tunnel in or under any street, railway or tramway;(c) to alter the position of any line or works or pipes, other than a main sewer pipe;(d) to lay down and place electric lines, electrical plant and other works; (e) to repair, alter or remove the same; (f) to do all other acts necessary for transmission or supply of electricity provisions relating to overhead linesoverhead lines68 (1) an overhead line shall, with prior approval of the appropriate government, be istalled or kept installed above ground in accordance with the provisions of sub-section (2) (5) where any tree standing or lying near an overhead line or where any structure or other object which has been placed or has fallen near an overhead line subsequent to the placing of such line, interrupts or interferes with, or is likely to interrupt or interfere with, the conveyance or transmission of electricity or the accessibility of any works, an executive magistrate or authority specified by the appropriate government may, on the application of the licensee, cause the tree, structure or object to be removed or otherwise dealt with as he or it thinks fit(6) when disposing of an application under sub-section (5), an executive magistrate or authority specified under that sub-section shall, in the case of any tree in existence before the placing of the overhead line, award to the person interested in the tree such compensation as he thinks reasonable, and such person may recover the same from the licenseeexplanation—for the purposes of this section, the expression ''tree'' shall be deemed to include any shrub, hedge, jungle growth or other plant part ix central electricity authority constitution and functions of authority70 (1) there shall be a body to be called the central electricity authority to exercise such functions and perform such duties as are assigned to it under this actconstitution, etc, of central electricity authority54 of 1948(2) the central electricity authority, established under section 3 of the electricity(supply) act, 1948 and functioning as such immediately before the appointed date, shall be the central electricity authority for the purposes of this act and the chairperson, members, secretary and other officers and employees thereof shall be deemed to have been appointed under this act and they shall continue to hold office on the same terms and conditions on which they were appointed under the electricity (supply) act, 1948(3) the authority shall consist of not more than fourteen members (including its chaiperson) of whom not more than eight shall be full-time members to be appointed by the central government(4) the central government may appoint any person, eligible to be appointed as member of the authority, as the chairperson of the authority, or, designate one of the full time members as the chairperson of the authority(5) the members of the authority shall be appointed from amongst persons of ability, integrity and standing who have knowledge of, and adequate experience and capacity in dealing with problems relating to engineering, finance, commerce, economics or industrial matters, and at least one members shall be appointed from each of the following categories, namely:—(a) engineering with specialisation in design, construction, operation andmaintenance of generating stations;(b) engineering with specialisation in transmission and supply of electricity; (c) applied research in the field of electricity; (d) applied economics, accounting, commerce or finance(6) the chairperson and all the members of the authority shall hold office during the pleasure of the central government(7) the chairperson shall be the chief executive of the authority (8) the headquarters of the authority shall be at delhi (9) the authority shall meet at the head office or any other place at such time as the chairperson may direct, and shall observe such rules of procedure in regard to the transaction of business at its meetings (including the quorum at its meetings) as it may specify(10) the chairperson, or if he is unable to attend a meeting of the authority, any other member nominated by the chairperson in this behalf and in the absence of such nomination or where there is no chairperson, any member chosen by the members present from among themselves shall preside at the meeting(11) all questions which come up before any meeting of the authority shall be decided by a majority of votes of the members present and voting, and in the event of an equality of votes, the chairperson or the person presiding shall have the right to exercise a second or casting vote(12) all orders and decisions of the authority shall be authenticated by the secretary or any other officer of the authority duly authorised by the chairperson in this behalf(13) no act or proceedings of the authority shall be questioned or shall be invalidated merely on the ground of existence of any vacancy in, or any defect in, the constitution of, the authority(14) the chairperson of the authority and other full-time members shall receive such salary and allowances as may be determined by the central government and other members shall receive such allowances and fees for attending the meetings of the authority, as the central government may prescribe(15) the other terms and conditions of service of the chairperson and members of the authority including, subject to the provisions of sub-section (6), their terms of office shall be such as the central government may prescribe 78 (1) the central government shall, for the purposes of selecting the members of the appellate tribunal and the chairperson and members of the central commission, constitute a selection committee consisting of—constitution of selection committee to recommend members(a) member of the planning commission in charge of the energy sectorchairperson;(b)secretary-in-charge of the ministry of the central government dealing with the department of legal affairsmember;(c)chairperson of the public enterprises selection boardmember;(d)a person to be nominated by the central government in accordance with sub-section (2)member;(e)a person to be nominated by the central government in accordance with sub-section (3)member;(f)secretary-in-charge of the ministry of the central government dealing with powermember 79 (1) the central commission shall discharge the following functions, namely:— functions of central commission(c) to regulate the inter-state transmission of electricity; 85 (1) the state government shall, for the purposes of selecting the members of the state commission, constitute a selection committee consisting of—(a) a person who has been judge of the high courtchairperson; (b) the chief secretary of the concerned statemember;constitution of selection committee to select members of state commission(c) the chairperson of the authority or the chairperson of the central commissionmember:provided that nothing contained in this section shall apply to the appointment of a person as the chairperson who is or has been a judge of the high court 86 (1) the state commission shall discharge the following functions, namely:—functions of state commission(a) determine the tariff for generation, supply, transmission and wheeling of electricity, wholesale, bulk or retail, as the case may be, within the state:provided that where open access has been permitted to a category of consumers under section 42, the state commission shall determine only the wheeling charges and surcharge thereon, if any, for the said category of consumers;(b) regulate electricity purchase and procurement process of distribution licensees including the price at which electricity shall be procured from the generating companies or licensees or from other sources through agreements for purchase of power for distribution and supply within the state;(c) facilitate intra-state transmission and wheeling of electricity;(d) issue licences to persons seeking to act as transmission licensees, distribution licensees and electricity traders with respect to their operations within the state;(e) promote co-generation and generation of electricity from renewable sources of energy by providing suitable measures for connectivity with the grid and sale of electricity to any person, and also specify, for purchase of electricity from such sources, a percentage of the total consumption of electricity in the area of a distribution licensee;(f) adjudicate upon the disputes between the licensees and generating companies and to refer any dispute for arbitration;(g) levy fee for the purposes of this act; (h) specify state grid code consistent with the grid code specified under clause(h) of sub-section (1) of section 79;(i) specify or enforce standards with respect to quality, continuity and reliability of service by licensees;(j) fix the trading margin in the intra-state trading of electricity, if considered, necessary;(k) discharge such other functions as may be assigned to it under this act appropriate commission— other provisions89 (1) the chairperson or other member shall hold office for a term of five years from the date he enters upon his office:term of office and conditions of service of membersprovided that the chairperson or other member in the central commission or the state commission shall not be eligible for re-appointment in the same capacity as the chairperson or a member in that commission in which he had earlier held office as such:provided further that no chairperson or member shall hold office as such after he has attained the age of sixty-five years(2) the salary, allowances and other terms and conditions of service of the chairperson and members shall be such as may be prescribed by the appropriate government:provided that the salary, allowances and other terms and conditions of service of the members, shall not be varied to their disadvantage after appointment(3) every member shall, before entering upon his office, make and subscribe to an oath of office and secrecy in such form and in such manner and before such authority as may be prescribed(4) notwithstanding anything contained in sub-section (1), a member may—(a) relinquish his office by giving in writing to the appropriate government a notice of not less than three months; or(b) be removed from his office in accordance with the provisions of section 90(5) any member ceasing to hold office as such shall—(a) not accept any commercial employment for a period of two years from the date he ceases to hold such office; and(b) not represent any person before the central commission or any state commission in any manner explanation— for the purposes of this sub-section, "commercial employment" means employment in any capacity in any organisation which has been a party to the proceedings before the appropriate commission or employment in any capacity under, or agency of, a person engaged in trading, commercial, industrial or financial business in electricity industry and includes a director of a company or partner of a firm or setting up practice either independently or as partner of a firm or as an adviser or a consultant 94 (1) powers of appropriate commission(3) the appropriate commission may authorise any person, as it deems fit, to represent the interest of the consumers in the proceedings before it appeal to appellate authority127 (1) any person aggrieved by the final order made under section 126 may, within thirty days of the said order, prefer an appeal in such form, verified in such manner and be accompanied by such fee as may be specified by the state commission, to an appellate authority as may be prescribed part xiii reorganisation of board131 (1) vesting of property of board in state governmentpunishment for noncompliance of directions by appropriate commission142 in case any complaint is filed before the appropriate commission by any personor if that commission is satisfied that any person has contravened any of the provisions of this act or the rules or regulations made thereunder, or any direction issued by the commission, the appropriate commission may after giving such person an opportunity of being heard in the matter, by order in writing, direct that, without prejudice to any other penalty to which he may be liable under this act, such person shall pay, by way of penalty, which shall not exceed one lakh rupees for each contravention and in case of a continuing failure with an additional penalty which may extend to six thousand rupees for every day during which the failure continues after contravention of the first such directionpunishment for noncompliance of orders or directions146 whoever, fails to comply with any order or direction given under this act, withinsuch time as may be specified in the said order or direction or contravenes or attempts or abets the contravention of any of the provisions of this act or any rules or regulations made thereunder, shall be punishable with imprisonment for a term which may extend to three months or with fine which may extend to one lakh rupees, or with both in respect of each offence and in the case of a continuing failure, with an additional fine which may extend to five thousand rupees for every day during which the failure continues after conviction of the first such offence:provided that nothing contained in this section shall apply to the orders, instruction ordirections issued under section 121offences by companies149 (1) where an offence under this act has been committed by a company, everyperson 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 having committed the offence and shall be liable to be proceededagainst and punished accordingly:provided that nothing contained in this sub-section shall render any such personliable to any punishment 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 offence(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 having committed such offence and shall be liable to be proceeded against and punished accordinglyexplanation—for the purposes of this section,—(a) "company" means a 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 part xviii miscellaneous166 (1) coordination forum(2) the central government shall also constitute a forum of regulators consisting of the chairperson of the central commission and chairpersons of the state commissions (4) the state government shall constitute a coordination forum consisting of the chairperson of the state commission and members thereof representatives of the generating companies, transmission licensee and distribution licensees engaged in generation, transmission and distribution of electricity in that state for smooth and coordinated development of the power system in the state176 (1) power 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:— (g) allowances and fees payable to other members for attending the meetings of authority under sub-section (14) of section 70;(h) other terms and conditions of service of the chairperson and members of the authority under sub-section (15) of section 70; 177 (1) powers of authority to make regulations(2) in particular and without prejudice to the generality of the power conferred in sub-section (1), such regulations may provide for all or any of the following matters, namely:—(a) the grid standards under section 34;———————— a billfurther to amend the electricity act, 2003———— | Parliament_bills | 840c3b0d-dc42-5742-82a4-4e3d1392387d |
clause 3 of the bill provides for certain facilities like cash incentives, houses at subsidized rates, free education to the child in case either wife or husband opts for sterilization after their first child clause 4 provides for similar facilities in case either wife or husband opts for sterilization after their second child the bill, therefore, if enacted, will involve expenditure from the consolidated fund of india in respect of the union territories and in respect of central government employees the expenditure in relation to states will be met out of the respective consolidated funds of the states it is estimated that an annual recurring expenditure of about rupees four hundred crore is likely to be involved from the consolidated fund of india a non-recurring expenditure of about rupees two hundred 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 of detail only and as such the delegation of legislative power is of a normal character | Parliament_bills | 818c97c0-59c8-5cea-9ae2-ea920f9e4100 |
the appropriation (no7) bill it'll a billto authorise paifment and appropri4tion of certain' further buma fron and out of 'the c~ltdated fund of india for the sennce, of the fi~nciat y~~ 1976-77 be it enacted by parliament in the twenty-seventh year of the rephblieof iadia as fouows:!-1 this act may be called the approprimion (no7) act, 1976 2 from and out of the consolidated fund of india there may be paid and applied sums not exceeding those specifiei in column 3 of the 5 schedule amounting in the aggregate to the sum of one hundred and forty-three crores, ninety-nine lakhs and twelve thousand rupees towards defraying the several charges which will come in course of payment during the financial year 1976-77, in respect of the sen1ces specified in column 2 of the schedule short title luue of ra 143,90, 12,000 out of the consolidated fund of india for the year lr16-77 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 sums sm_ idd purposea voted by parliameqt dot ezccediqr -clwjed oq the coqlolidated total fund no of vote ri ri lb 2·· ap-ic:uhure revenue 3,75,00,000 00 '37500,000 10 capital 0 363s,oo,ooo 3603$,00,000 41 ,department of revenue idd bidkidi - revenue 6,00,000 41 family pliddidi revenue 48,00,00,000 '0 6,00,000 · 48,00:00,000 '0 5,oopoo is 61 ·lj\dustriea 0 0 capital 5,00,000 'j2 petroleum idd petro-chemicals iqdultriea 0 capital ss,is,si,ooo · ss,is,$i,ooo 79 ministry ci shippiq idd traqlport - 0 revenue 83 department of steel capital 1,000 93 midi~f woib iqd h - 0 revenue 43,12,000 h publicworb - revalue 27,2$,000 12,000 12000 1,000 20 · 43,12,000 - • j1,a5,ooo o - 'a,u,ooo 96 hoqi~ add urban d opmeat - revenue s,n,ooo ~ total 10774,00,000 36~s,ii,ooo 143,99;11,000 statement of objects and reasonsthis bill is introduced in pursuance of article 114(1) of the constitution of india, read with article 115 thereof, to provide for the appropriation out of the consoijdated 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 1976~77 sushila roha'lgi president's recommendation under article 117 of the constitution of india[copy of letter no f5 (71) -b (se) /76, dated the 23rd october, 1976 from shrimati sushila rohatgi, deputy minister, in the ministry of finance to the secretary-general, lok sabha] the president having been informed of the subject matter of the proposed bill to authorise payment and appropriation of certain further sums from and out of the consolidated fund of india for the services of the year ending on the 31st day of march, 1977, recommends the introduction of the appropriation (no7) bill, 1976 in lok sabha and also recommends to the sabha the consideration of the bill under clauses (h and (3) of article 117 of the constitution read with clause (2) of article 115 thereof 2 the bill will be introduced in the lok sabha after all the supplementary demands for grants for 1976-77 have been voted , a billto authorise payment and appropriation of certain further sums from and out of the codsolidated fund of india for the 'l!lel'viees of the financial year un8-7'1 -(shrimati sushilg ltohctti deputy minister in the miniatty of finance) | Parliament_bills | 776c982d-84bd-59da-a93c-75cab226b82d |
bill no 116 of 2020 the taxation and other laws (relaxation and amendment of certain provisions) bill, 2020 a billto provide for relaxation and amendment of provisions of certain acts 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 preliminary(2) save as otherwise provided, it shall be deemed to have into come into force on the31st day of march, 2020definitions2 (1) in this act, unless the context otherwise requires,—(a) "specified act" means—(i) the wealth-tax act, 1957;27 of 1957 43 of 1961(ii) the income-tax act, 1961;45 of 1988(iii) the prohibition of benami property transactions act, 1988;22 of 2004(iv) chapter vii of the finance (no 2) act, 2004;17 of 20135(v) chapter vii of the finance act, 2013;22 of 2015 (vi) the black money (undisclosed foreign income and assets) and imposition of tax act, 2015;28 of 2016(vii) chapter viii of the finance act, 2016; or3 of 2020(viii) the direct tax vivad se vishwas act, 2020;10(b) "notification" means the notification published in the official gazette(2) the words and expressions used herein and not defined, but defined in the specified act, the central excise act,1944, the customs act, 1962, the customs tariff act,1975 or the finance act,1994, as the case may be, shall have the meaning respectively assigned to them in that act1 of 1944 52 of 1962 51 of 1975 32 of 199415 chapter ii relaxation of certain provisions of specified actrelaxation of certain provisions of specified act20 3 (1) where, any time limit has been specified in, or prescribed or notified under, the specified act which falls during the period from the 20th day of march, 2020 to the 31st day of december, 2020, or such other date after the 31st day of december, 2020, as the central government may, by notification, specify in this behalf, for the completion or compliance of such action as—25(a) completion of any proceeding or passing of any order or issuance of any notice, intimation, notification, sanction or approval, or such other action, by whatever name called, by any authority, commission or tribunal, by whatever name called, under the provisions of the specified act; or(b) filing of any appeal, reply or application or furnishing of any report, document, return or statement or such other record, by whatever name called, under the provisions of the specified act; or43 of 1961(c) in case where the specified act is the income-tax act, 1961,—30(i) making of investment, deposit, payment, acquisition, purchase, construction or such other action, by whatever name called, for the purposes of claiming any deduction, exemption or allowance under the provisions contained in—35(i) sections 54 to 54gb, or under any provisions of chapter vi-aunder the heading "b-deductions in respect of certain payments" thereof; or(ii) such other provisions of that act, subject to fulfillment of such conditions, as the central government may, by notification, specify; or4028 of 2005(ii) beginning of manufacture or production of articles or things or providing any services referred to in section 10aa of that act, in a case where the letter of approval, required to be issued in accordance with the provisions of the special economic zones act, 2005, has been issued on or before the 31st day of march, 2020,5and where completion or compliance of such action has not been made within such time, then, the time limit for completion or compliance of such action shall, notwithstanding anything contained in the specified act, stand extended to the 31st day of march, 2021, or such other date after the 31st day of march, 2021, as the central government may, by notification, specify in this behalf: provided that the central government may specify different dates for completion or compliance of different actions:provided further that such action shall not include payment of any amount as is referred to in sub-section (2):43 of 196110provided also that where the specified act is the income-tax act, 1961 and the compliance relates to—(i) furnishing of return under section 139 thereof, for the assessment year commencing on the—15(a) 1st day of april, 2019, the provision of this sub-section shall have the effect as if for the figures, letters and words "31st day of march, 2021", the figures, letters and words "30th day of september, 2020" had been substituted;(b) 1st day of april, 2020, the provision of this sub-section shall have theeffect as if for the figures, letters and words "31st day of march, 2021", the figures, letters and words "30th day of november, 2020" had been substituted;20 25(ii) delivering of statement of deduction of tax at source under sub-section (2a)of section 200 of that act or statement of collection of tax at source under sub-section (3a) of section 206c thereof for the month of february or march, 2020, or for the quarter ending on the 31st day of march, 2020, as the case may be, the provision of this sub-section shall have the effect as if for the figures, letters and words "31st day of march, 2021", the figures, letters and words "15th day of july, 2020" had been substituted;30(iii) delivering of statement of deduction of tax at source under sub-section (3)of section 200 of that act or statement of collection of tax at source under proviso to sub-section (3) of section 206c thereof for the month of february or march, 2020, or for the quarter ending on the 31st day of march, 2020, as the case may be, the provision of this sub-section shall have the effect as if for the figures, letters and words "31st day of march, 2021", the figures, letters and words "31st day of july, 2020" had been substituted;35(iv) furnishing of certificate under section 203 of that act in respect of deduction or payment of tax under section 192 thereof for the financial year commencing on the 1st day of april, 2019, the provision of this sub-section shall have the effect as if for the figures, letters and words "31st day of march, 2021", the figures, letters and words "15th day of august, 2020" had been substituted;40(v) sections 54 to 54gb of that act, referred to in item (i) of sub-clause (i) of clause (c), or sub-clause (ii) of the said clause, the provision of this sub-section shall have the effect as if—(a) for the figures, letters and words "31st day of december, 2020", the figures, letters and words "29th day of september, 2020" had been substituted for the time limit for the completion or compliance; and45(b) for the figures, letters and words "31st day of march, 2021", the figures,letters and words "30th day of september, 2020" had been substituted for making such completion or compliance;50(vi) any provisions of chapter vi-a under the heading "b- deductions in respect of certain payments" of that act, referred to in item (i) of sub-clause (i) of clause (c), the provision of this sub-section shall have the effect as if—(a) for the figures, letters and words "31st day of december, 2020", the figures, letters and words "30th day of july, 2020" had been substituted for the time limit for the completion or compliance; and5(b) for the figures, letters and words "31st day of march, 2021", the figures, letters and words "31st day of july, 2020" had been substituted for making such completion or compliance;10(vii) furnishing of report of audit under any provision thereof for the assessment year commencing on the 1st day of april, 2020, the provision of this sub-section shall have the effect as if for the figures, letters and words "31st day of march, 2021", the figures, letters and words "31st day of october, 2020" had been substituted:43 of 1961provided also that the extension of the date as referred to in sub-clause (b) of clause (i)of the third proviso shall not apply to explanation 1 to section 234a of the income-tax act, 1961 in cases where the amount of tax on the total income as reduced by the amount as specified in clauses (i) to (vi) of sub-section (1) of the said section exceeds one lakh rupees:1543 of 1961provided also that for the purposes of the fourth proviso, in case of an individual resident in india referred to in sub-section (2) of section 207 of the income-tax act, 1961, the tax paid by him under section 140a of that act within the due date (before extension) provided in that act, shall be deemed to be the advance tax:203 of 2020provided also that where the specified act is the direct tax vivad se vishwas act,2020, the provision of this sub-section shall have the effect as if—(a) for the figures, letters and words "31st day of december, 2020", the figures, letters and words "30th day of december, 2020" had been substituted for the time limit for the completion or compliance of the action; and25(b) for the figures, letters and words "31st day of march, 2021", the figures, letters and words "31st day of december, 2020" had been substituted for making such completion or compliance30(2) where any due date has been specified in, or prescribed or notified under, the specified act for payment of any amount towards tax or levy, by whatever name called, which falls during the period from the 20th day of march, 2020 to the 29th day of june, 2020 or such other date after the 29th day of june, 2020 as the central government may, by notification, specify in this behalf, and if such amount has not been paid within such date, but has been paid on or before the 30th day of june, 2020, or such other date after the 30th day of june, 2020 as the central government may, by notification, specify in this behalf, then, notwithstanding anything contained in the specified act,—35(a) the rate of interest payable, if any, in respect of such amount for the period of delay shall not exceed three-fourth per cent for every month or part thereof;(b) no penalty shall be levied and no prosecution shall be sanctioned in respect of such amount for the period of delay40 explanation—for the purposes of this sub-section, "the period of delay" means the period between the due date and the date on which the amount has been paid chapter iii amendments to the income-tax act, 19614 in the income-tax act, 1961,—(i) in section 6, with effect from the 1st day of april, 2021,—amendment of act 43 of 196145(a) in clause (1), in explanation 1, in clause (b), for the words "the citizen or person of indian origin", the words "such person" shall be substituted;(b) in clause (1a), the following explanation shall be inserted, namely:—"explanation—for the removal of doubts, it is hereby declared that this clause shall not apply in case of an individual who is said to be resident in india in the previous year under clause (1)";5(c) in clause (6), in the explanation, the words "and which is not deemed to accrue or arise in india" shall be added at the end; (ii) in section 10,(a) in clause (4d), with effect from the 1st day of april, 2021,—10 15 20(i) for the words "convertible foreign exchange, to the extent such income accrued or arisen to, or is received in respect of units held by a non-resident", the words and brackets 'convertible foreign exchange or as a result of transfer of securities (other than shares in a company resident in india) or any income from securities issued by a non-resident (not being a permanent establishment of a non-resident in india) and where such income otherwise does not accrue or arise in india or any income from a securitisation trust which is chargeable under the head "profits and gains of business or profession", to the extent such income accrued or arisen to, or is received is attributable to units held by non-resident (not being the permanent establishment of a non-resident in india) computed in the prescribed manner' shall be substituted;(ii) in the explanation, after clause (b), the following clauses shall be inserted, namely:—'(ba) "permanent establishment" shall have the meaning assigned to it in clause (iiia) of section 92f;2542 of 1956(bb) "securities" shall have the same meaning as assigned to it in clause (h) of section 2 of the securities contracts (regulation) act, 1956 and shall also include such other securities or instruments as may be notified by the central government in the official gazette in this behalf;30(bc) "securitisation trust" shall have the meaning assigned to it in clause (d) of the explanation below section 115tca;'(b) in clause (23c),—35(i) in sub-clause (i), after the word "fund", the words and brackets"or the prime minister's citizen assistance and relief in emergency situations fund (pm cares fund)" shall be inserted and shall be deemed to have been inserted with effect from the 1st day of april, 2020;(ii) for the first and second provisos,—(a) with effect from the 1st day of june, 2020, the following provisos shall be substituted and shall be deemed to have been substituted, namely:—40 45"provided that the fund or trust or institution or any university or other educational institution or any hospital or other medical institution referred to in sub-clause (iv) or subclause (v) or sub-clause (vi) or sub-clause (via) shall make an application in the prescribed form and manner to the prescribed authority for the purpose of grant of the exemption, or continuance thereof, under sub-clause (iv) or sub-clause (v)or sub-clause (vi) or sub-clause (via) :provided further that the prescribed authority, before approving any fund or trust or institution or any university or other educational institution or any hospital or other medical institution, under sub-clause (iv) or sub-clause (v) or subclause (vi) or sub-clause (via), may call for such documents (including audited annual accounts) or information from the fund or trust or institution or any university or other educational institution or any hospital or other medical institution, as the case may be, as it thinks necessary in order to satisfy itself about the genuineness of the activities of such fund or trust or institution or any university or other educational institution or any hospital or other medical institution, as the case may be, and the compliance of such requirements under any other law for the time being in force by such fund or trust or institution or any university or other educational institution or any hospital or other medical institution, as the case may be, as are material for the purpose of achieving its objects and the prescribed authority, may also make such inquiries as it deems necessary in this behalf:"; (b) with effect from the 1st day of april, 2021, the following provisos shall be substituted, namely:—"provided that the exemption to the fund or trust or institution or university or other educational institution or hospital or other medical institution referred to in sub-clause (iv) or sub-clause (v) or sub-clause (vi) or sub-clause (via)under the respective sub-clauses shall not be available to it unless such fund or trust or institution or university or other educational institution or hospital or other medical institution makes an application in the prescribed form and manner to the principal commissioner or commissioner, for grant of approval,—| ( | i | ) where such fund or trust or institution or ||-------------------------------------------------------------|-----|--------------------------------------------------|| university or other educational institution or hospital | | || or other medical institution is approved under the second | | || proviso [as it stood immediately before its amendment | | || by the taxation and other laws (relaxation and | | || amendment of certain provisions) act, 2020], within | | || three months from the 1st day of april, 2021; | | || ( | ii | ) where such fund or trust or institution or || university or other educational institution or hospital | | || or other medical institution is approved and the period | | || of such approval is due to expire, at least six months | | || prior to expiry of the said period; | | || ( | iii | ) where such fund or trust or institution or || university or other educational institution or hospital | | || or other medical institution has been provisionally | | || approved, at least six months prior to expiry of the period | | || of the provisional approval or within six months of | | || commencement of its activities, whichever is earlier; | | || ( | iv | ) in any other case, at least one month prior to || the commencement of the previous year relevant to the | | || assessment year from which the said approval is sought, | | |and the said fund or trust or institution or university or other educational institution or hospital or other medical institution is approved under the second proviso:5 10 152025 30 35 40 4550 55 provided further that the principal commissioner or commissioner, on receipt of an application made under the first proviso, shall,—5(i) where the application is made under clause (i)of the said proviso, pass an order in writing granting approval to it for a period of five years;(ii) where the application is made under clause (ii)or clause (iii) of the said proviso,—10(a) call for such documents or information from it or make such inquiries as he thinks necessary in order to satisfy himself about—(a) the genuineness of activities of such fund or trust or institution or university or other educational institution or hospital or other medical institution; and15(b) the compliance of such requirements of any other law for the time being in force by it as are material for the purpose of achieving its objects; and (b) after satisfying himself about the objects and the genuineness of its activities under item (a), and compliance of the requirements under item (b), of sub-clause (a),—20(a) pass an order in writing granting approval to it for a period of five years;(b) if he is not so satisfied, pass an order in writing rejecting such application and also cancelling its approval after affording it a reasonable opportunity of being heard;25 30(iii) where the application is made under clause (iv) of the said proviso, pass an order in writing granting approval to it provisionally for a period of three years from the assessment year from which the registration is sought, and send a copy of such order to the fund or trust or institution or university or other educational institution or hospital or other medical institution:";(iii) for the eighth and ninth provisos,—(a) with effect from the 1st day of june, 2020, the following provisos shall be substituted and shall be deemed to have been substituted, namely:—35 40"provided also that any notification issued by the central government under sub-clause (iv) or sub-clause (v), before the date on which the taxation laws (amendment) bill, 2006 receives the assent of the president, shall, at any one time, have effect for such assessment year or years, not exceeding three assessment years (including an assessment year or years commencing before the date on which such notification is issued) as may be specified in the notification:45provided also that where an application under the first proviso is made on or after the date on which the taxation laws (amendment) bill, 2006 receives the assent of the president, every notification under sub-clause (iv) or sub-clause (v) shall be issued or approval under subclause (iv) or sub-clause (v) or sub-clause (vi) or sub-clause (via) shall be granted or an order rejecting the application shall be passed within the period of twelve months from the end of the month in which such application was received:"; (b) with effect from the 1st day of april, 2021, the following provisos shall be substituted, namely:—5"provided also that any approval granted under the second proviso shall apply in relation to the income of the fund or trust or institution or university or other educational institution or hospital or other medical institution,—(i) where the application is made under clause (i) of the first proviso, from the assessment year from which approval was earlier granted to it;10(ii) where the application is made under clause (iii) of the first proviso, from the first of the assessment years for which it was provisionally approved;(iii) in any other case, from the assessment year immediately following the financial year in which such application is made:15 20provided also that the order under clause (i), sub-clause(b) of clause (ii) and clause (iii) of the second proviso shall be passed, in such form and manner as may be prescribed, before expiry of the period of three months, six months and one month, respectively, calculated from the end of the month in which the application was received:"; (iv) in the twelfth proviso, for the word, figures and letters "section 12aa", the words, figures and letters "section 12aa or section 12ab" shall be substituted with effect from the 1st day of april, 2021;25(v) after fifteenth proviso, with effect from the 1st day of june, 2020, the following proviso shall be inserted and shall be deemed to have been inserted, namely:—30"provided also that in case the fund or trust or institution or any university or other educational institution or any hospital or other medical institution referred to in the first proviso makes an application on or after the 1st day of june, 2006 for the purposes of grant of exemption or continuance thereof, such application shall be made on or before the 30th day of september of the relevant assessment year from which the exemption is sought :";35(vi) with effect from the 1st day of april, 2021, the sixteenth proviso shall be omitted;(vii) for the eighteenth proviso,—40(a) with effect from the 1st day of june, 2020, the following proviso shall be substituted and shall be deemed to have been substituted, namely:—45"provided also that all pending applications, on which no notification has been issued under sub-clause (iv) or sub-clause (v) before the 1st day of june, 2007, shall stand transferred on that day to the prescribed authority and the prescribed authority may proceed with such applications under those sub-clauses from the stage at which they were on that day:";50(b) with effect from the 1st day of april, 2021, the following proviso shall be substituted, namely:—5"provided also that all applications made under the first proviso [as it stood before its amendment by the taxation and other laws (relaxation and amendment of certain provisions) act, 2020] pending before the principal commissioner or commissioner, on which no order has been passed before the 1st day of april, 2021, shall be deemed to be an application made under clause (iv) of the first proviso on that date:";10(c) after clause (23fbb), the following clause shall be inserted, with effect from the 1st day of april, 2021, namely:—"(23fbc) any income accruing or arising to or received by a unit holder from a specified fund or on transfer of units in a specified fundexplanation—for the purposes of this clause, the expressions—15(a) "specified fund" shall have the same meaning as assigned to it in clause (c) of the explanation to clause (4d);(b) "unit" means beneficial interest of an investor in the fund and shall include shares or partnership interests";(d) in clause (23fe), in the explanation, with effect from the 1st day of april, 2021;20(i) in clause (a), in sub-clause (ii), for the words "united arab emirates", the words "abu dhabi" shall be substituted";(ii) in clause (b), in sub-clause (vi), after the words "for this purpose", the words "and fulfils conditions specified in such notification" shall be inserted;25(iii) in clause (c), in sub-clause (iv), for the words "for this purpose", the words "for this purpose and fulfils conditions specified in such notification" shall be substituted;(iii) in section 11,—30(a) in sub-section (1), in explanation 2, after the word, figures and letters"section 12aa", the words, figures and letters "or section 12ab, as the case may be" shall be inserted with effect from the 1st day of april, 2021;(b) in sub-section (7),—35(i) for the words, figures and letters "under section 12aa or section12ab", the words, brackets, letters and figures "under clause (b) of subsection (1) of section 12aa" shall be substituted and shall be deemed to have been substituted with effect from the 1st day of june, 2020;(ii) for the words, brackets, letters and figures "under clause (b) of sub-section (1) of section 12aa", the words, figures and letters "under section 12aa or section 12ab" shall be substituted with effect from the 1st day of april, 2021;40(iii) in the second proviso,—45(a) with effect from the 1st day of june, 2020 for the words, figures and letters " under section 12ab", the words, figures and letters "under section 12aa" shall be substituted and shall be deemed to have been substituted;(b) with effect from the 1st day of april, 2021, the words, figures and letters " under section 12aa" the words, figures and letters or section 12ab" shall be inserted;(iv) in section 12a,—(a) in sub-section (1),—(i) with effect from the 1st day of june, 2020, clause (ac) shall be omitted and shall be deemed to have been omitted;5(ii) with effect from the 1st day of april, 2021, after clause (ab), the following clause shall be inserted, namely:—10"(ac) notwithstanding anything contained in clauses (a) to(ab), the person in receipt of the income has made an application in the prescribed form and manner to the principal commissioner or commissioner, for registration of the trust or institution,—33 of 199615(i) where the trust or institution is registered under section 12a [as it stood immediately before its amendment by the finance (no 2) act, 1996] or under section 12aa, [as it stood immediately before its amendment by the taxation and other laws (relaxation and amendment of certain provisions) act, 2020] within three months from the 1st day of april, 2021;12 of 2020(ii) where the trust or institution is registered under section 12ab and the period of the said registration is due to expire, at least six months prior to expiry of the said period;20(iii) where the trust or institution has been provisionally registered under section 12ab, at least six months prior to expiry of period of the provisional registration or within six months of commencement of its activities, whichever is earlier;25(iv) where registration of the trust or institution has become inoperative due to the first proviso to sub-section (7)of section 11, at least six months prior to the commencement of the assessment year from which the said registration is sought to be made operative;30(v) where the trust or institution has adopted or undertaken modifications of the objects which do not conform to the conditions of registration, within a period of thirty days from the date of the said adoption or modification;(vi) in any other case, at least one month prior to the commencement of the previous year relevant to the assessment year from which the said registration is sought,35and such trust or institution is registered under section 12ab;"; (b) in sub-section (2),—(a) with effect from the 1st day of june, 2020,— (i) the first proviso shall be omitted and shall be deemed to have been omitted,—40 45(ii) in the second proviso, for the words, figures and letters "provided further that where registration has been granted to the trust or institution under section 12aa or section 12ab" the words, figures and letters "provided that where registration has been granted to the trust or institution under section 12aa", shall be substituted and shall be deemed to be substituted;(iii) in the third proviso, for the words "provided also" the words"provided further", shall be substituted and shall be deemed to be substituted;(iv) in the fourth proviso, for the words, figures and letters "section12aa or section 12ab", the word, figures and letters 'section 12aa" shall be substituted and shall be deemed to be substituted; (b) with effect from the 1st day of april, 2021, namely:—5(i) in the first proviso, for the words "provided that where registration has been granted to the trust or institution under section 12aa", the following shall be substituted,—"provided that the provisions of sections 11 and 12 shall apply to a trust or institution, where the application is made under—10(a) sub-clause (i) of clause (ac) of sub-section (1), from the assessment year from which such trust or institution was earlier granted registration;15(b) sub-clause (iii) of clause (ac) of sub-section (1), from the first of the assessment year for which it was provisionally registered: provided further that where registration has been granted to the trust or institution under section 12aa or section 12ab"; (ii) in the second proviso, for the words "provided further", the words "provided also" shall be substituted figures and letters;20(iii) in the fourth proviso, for the word, figures and letters "section12aa" the words, figures and letters 'section 12aa or section 12ab" shall be substituted; (v) in section 12aa,—25(a) sub-section (5) shall be omitted and shall be deemed to have been omitted with effect from the 1st day of june, 2020; (b) after sub-section (4), the following sub-section shall be inserted with effect from the 1st day of april, 2021, namely:—"(5) nothing contained in this section shall apply on or after the1st day of april, 2021";30(vi) section 12ab shall be omitted and shall be deemed to have been omitted with effect from the 1st day of june, 2020;(vii) after section 12aa, the following section shall be inserted with effect from the 1st day of april, 2021, namely:—"12ab (1) the principal commissioner or commissioner, on receipt of an application made under clause (ac) of sub-section (1) of section 12a, shall,—35procedure for fresh registration(a) where the application is made under sub-clause (i) of the said clause, pass an order in writing registering the trust or institution for a period of five years;40(b) where the application is made under sub-clause (ii) or sub-clause(iii) or sub-clause (iv) or sub-clause (v) of the said clause,—(i) call for such documents or information from the trust or institution or make such inquiries as he thinks necessary in order to satisfy himself about—(a) the genuineness of activities of the trust or institution; and5(b) the compliance of such requirements of any other law for the time being in force by the trust or institution as are material for the purpose of achieving its objects; (ii) after satisfying himself about the objects of the trust or institution and the genuineness of its activities under item (a) and compliance of the requirements under item (b), of sub-clause (i),— (a) pass an order in writing registering the trust or institution for a period of five years; or10(b) if he is not so satisfied, pass an order in writing rejecting such application and also cancelling its registration after affording a reasonable opportunity of being heard;15(c) where the application is made under sub-clause (vi) of the said clause, pass an order in writing provisionally registering the trust or institution for a period of three years from the assessment year from which the registration is sought, and send a copy of such order to the trust or institution20(2) all applications, pending before the principal commissioner or commissioner on which no order has been passed under clause (b) of subsection (1) of section 12aa before the date on which this section has come into force, shall be deemed to be an application made under sub-clause (vi) of clause (ac) of sub-section (1) of section 12a on that date25 (3) the order under clause (a), sub-clause (ii) of clause (b) and clause (c), of sub-section (1) shall be passed, in such form and manner as may be prescribed, before expiry of the period of three months, six months and one month, respectively, calculated from the end of the month in which the application was received30 35(4) where registration of a trust or an institution has been granted under clause (a) or clause (b) of sub-section (1) and subsequently, the principal commissioner or commissioner is satisfied that the activities of such trust or institution are not genuine or are not being carried out in accordance with the objects of the trust or institution, as the case may be, he shall pass an order in writing cancelling the registration of such trust or institution after affording a reasonable opportunity of being heard(5) without prejudice to the provisions of sub-section (4), where registration of a trust or an institution has been granted under clause (a) or clause (b) of sub-section (1) and subsequently, it is noticed that—40(a) the activities of the trust or the institution are being carried out in a manner that the provisions of sections 11 and 12 do not apply to exclude either whole or any part of the income of such trust or institution due to operation of sub-section (1) of section 13; or45(b) the trust or institution has not complied with the requirement of any other law, as referred to in item (b) of sub-clause (i) of clause (b) of sub-section (1), and the order, direction or decree, by whatever name called, holding that such non-compliance has occurred, has either not been disputed or has attained finality, then, the principal commissioner or the commissioner may, by an order in writing, after affording a reasonable opportunity of being heard, cancel the registration of such trust or institution"5(viii) in section 13, in explanation 1, after the figures and letter "12a", the figures and letters ", 12aa, 12ab" shall be inserted with effect from the 1st day of april, 2021;(ix) in section 35,— (a) in sub-section (1),—10(i) with effect from the 1st day of june, 2020, in clause (iii), in the explanation,—(a) for the words, brackets, figures and letter "to which clause (ii) or clause (iii) or to a company to which clause (iia)", the words, brackets and figures "to which clause (ii) or clause (iii)"shall be substituted and shall be deemed to have been substituted;15 (b) for the words, brackets, figures and letter "clause (ii) or clause (iii) or to a company referred to in clause (iia)", the words, brackets and figures "clause (ii) or clause (iii)" shall be substituted and shall be deemed to have been substituted;20(ii) with effect from the 1st day of april, 2021, in sub-clause (iii), in the explanation, for the words, brackets and figures,—(a) "to which clause (ii) or clause (iii)", the words, brackets, figures and letter "to which clause (ii) or clause (iii) or to a company to which clause (iia)" shall be substituted;25(b) "clause (ii) or clause (iii)", the words, brackets, figures and letter "clause (ii) or clause (iii) or to a company referred to in clause (iia)" shall be substituted; (iii) the fifth and sixth proviso occurring after clause (iv) shall be omitted and shall be deemed to have been omitted with effect from the 1st day of june, 2020;30(iv) after the fourth proviso occurring after clause (iv), the following provisos shall be inserted with effect from the 1st day of april, 2021, namely:—35 40 45"provided also that every notification under clause (ii) or clause (iii) in respect of the research association, university, college or other institution or under clause (iia) in respect of the company issued on or before the date on which this proviso has come into force, shall be deemed to have been withdrawn unless such research association, university, college or other institution referred to in clause (ii) or clause (iii) or the company referred to in clause (iia) makes an intimation in such form and manner, as may be prescribed, to the prescribed income-tax authority within three months from the date on which this proviso has come into force, and subject to such intimation the notification shall be valid for a period of five consecutive assessment years beginning with the assessment year commencing on or after the 1st day of april, 2022:provided also that any notification issued by the central government under clause (ii) or clause (iia) or clause (iii), after the date on which the taxation and other laws (relaxation and amendment of certain provisions) bill, 2020 receives the assent of the president, shall, at any one time, have effect for such assessment year or years, not exceeding five assessment years as may be specified in the notification";5(b) sub-section (1a) shall be omitted and shall be deemed to have been omitted with effect from the 1st day of june, 2020;(c) after sub-section (1), the following sub-section shall be inserted with effect from the 1st day of april, 2021, namely:—10"(1a) notwithstanding anything contained in sub-section (1), the research association, university, college or other institution referred to in clause (ii) or clause (iii) or the company referred to in clause (iia) of sub-section (1) shall not be entitled to deduction under the respective clauses of the said sub-section, unless such research association, university, college or other institution or company—15(i) prepares such statement for such period as may be prescribed and deliver or cause to be delivered to the said prescribed income-tax authority or the person authorised by such authority such statement in such form, verified in such manner, setting forth such particulars and within such time, as may be prescribed:20provided that such research association, university, college or other institution or the company may also deliver to the prescribed authority a correction statement for rectification of any mistake or to add, delete or update the information furnished in the statement delivered under this sub-section in such form and verified in such manner as may be prescribed;25(ii) furnishes to the donor, a certificate specifying the amount of donation in such manner, containing such particulars and within such time from the date of receipt of sum, as may be prescribed";(x) in section 35ac, with effect from the 1st day of november, 2020,—(i) in sub-section (4)—30(a) in clause (i), for the word "committee", the words and brackets"the principal chief commissioner of income tax (exemption) or the chief commissioner of income tax (exemption)" shall be substituted;(b) in clause (ii), for the words " national committee", the words and brackets "the principal chief commissioner of income tax (exemption) or the chief commissioner of income tax (exemption)" shall be substituted;35(c) in the longline, for the words "national committee", the words and brackets "the principal chief commissioner of income tax (exemption) or the chief commissioner of income tax (exemption)" shall be substituted;40(d) in the proviso, for the words "national committee", the words and brackets "the principal chief commissioner of income tax (exemption) or the chief commissioner of income tax (exemption)" shall be substituted; (ii) in sub-section (5),—(a) in clause (i), for the words "national committee", the words and brackets "the principal chief commissioner of income tax (exemption) or the chief commissioner of income tax (exemption)" shall be substituted;45(b) in the first proviso, for the words "national committee", the words and brackets "the principal chief commissioner of income tax (exemption) or the chief commissioner of income tax (exemption)" shall be substituted;(iii) in sub-section (6), in clause (ii), after the words "national committee", the words and brackets "or the principal chief commissioner of income tax (exemption) or the chief commissioner of income tax (exemption), as the case may be," shall be inserted;(xi) in section 56, in sub-section (2),—5(a) with effect from the 1st day of june, 2020,—(i) in clause (v), in the proviso, in clause (g), for the words, figures and letters "section 12aa or section 12ab", the word, figures and letters "section 12aa" shall be substituted and shall be deemed to have been substituted;10(ii) in clause (vi), in the proviso, in clause (g), for the words, figures and letters "section 12aa or section 12ab", the word, figures and letters "section 12aa" shall be substituted and shall be deemed to have been substituted;15(iii) in clause (vii), in the second proviso, in clause (g), for the words, figures and letters "section 12aa or section 12ab", the word, figures and letters "section 12aa" shall be substituted and shall be deemed to have been substituted; (b) with effect from the 1st day of april, 2021,—20(i) in clause (v), in the proviso, in clause (g), for the word, figures and letters "section 12aa", the words, figures and letters "section 12aa or section 12ab" shall be substituted;(ii) in clause (vi), in the proviso, in clause (g), for the word, figures and letters "section 12aa", the words, figures and letters "section 12aa or section 12ab" shall be substituted;25(iii) in clause (vii), in the second proviso, in clause (g), for the word, figures and letters "section 12aa", the words, figures and letters "section 12aa or section 12ab" shall be substituted; (c) in clause (x), in the proviso, in clause (vii),—30(i) for the words, figures and letters "section 12a or section 12aa or section 12ab", the words, figures and letters "section 12a or section 12aa" shall be substituted and shall be deemed to have been substituted with effect from the 1st day of june, 2020;35(ii) for the words, figures and letters "section 12a or section 12aa",the words, figures and letters "section 12a or section 12aa or section 12ab" shall be substituted with effect from the 1st day of april, 2021;(xii) in section 80g,—40(a) in sub-section (2), in clause (a), in sub-clause (iiia), after the word"fund", the words and brackets "or the prime minister's citizen assistance and relief in emergency situations fund (pm cares fund)" shall be inserted and shall be deemed to have been inserted with effect from the 1st day of april, 2020;(b) in sub-section (5),—(i) with effect from the 1st day of june, 2020,—45(a) in clause (vi), for the words "approved by the principal commissioner or commissioner;" the words "approved by the commissioner in accordance with the rules made in this behalf; and" shall be substituted and shall be deemed to have been substituted;5(b) clauses (viii) and (ix) shall be omitted and shall be deemed to have been omitted; (ii) with effect from the 1st day of april, 2021,—(a) in clause (vi), for the words "approved by the commissioner in accordance with the rules made in this behalf; and", the words "approved by the principal commissioner or commissioner;" shall be substituted;10(b) after clause (vii), the following clauses shall be inserted, namely:—15"(viii) the institution or fund prepares such statement for such period as may be prescribed and deliver or cause to be delivered to the prescribed income-tax authority or the person authorised by such authority such statement in such form and verified in such manner and setting forth such particulars and within such time as may be prescribed;20provided that the institution or fund may also deliver to the said prescribed authority, (a) correction statement for rectification of any mistake or to add, delete or update the information furnished in the statement delivered under this sub-section in such form and verified in such manner as may be prescribed; and25 (ix) the institution or fund furnishes to the donor, a certificate specifying the amount of donation in such manner, containing such particulars and within such time from the date of receipt of donation, as may be prescribed:provided that the institution or fund referred to in clause (vi) shall make an application in the prescribed form and manner to the principal commissioner or commissioner, for grant of approval,—3012 of 2020(i) where the institution or fund is approved under clause (vi)(as it stood immediately before its amendment by the taxation and other laws (relaxation and amendment of certain provisions) act, 2020), within three months from the 1st day of april, 2021;35(ii) where the institution or fund is approved and the period of such approval is due to expire, at least six months prior to expiry of the said period;40(iii) where the institution or fund has been provisionally approved, at least six months prior to expiry of the period of the provisional approval or within six months of commencement of its activities, whichever is earlier;(iv) in any other case, at least one month prior to commencement of the previous year relevant to the assessment year from which the said approval is sought:45provided further that the principal commissioner or commissioner, on receipt of an application made under the first proviso, shall,—(i) where the application is made under clause (i)of the said proviso, pass an order in writing granting it approval for a period of five years;50(ii) where the application is made under clause(ii) or clause (iii) of the said proviso,—(a) call for such documents or information from it or make such inquiries as he thinks necessary in order to satisfy himself about—5(a) the genuineness ofactivities of such institution or fund; and(b) the fulfilment of all theconditions laid down in clauses (i) to (v);10(b) after satisfying himself about thegenuineness of activities under item (a),and the fulfilment of all the conditions under item (b), of sub-clause (a),—15(a) pass an order in writinggranting it approval for a period of five years; or20(b) if he is not so satisfied, passan order in writing rejecting such application and also cancelling its approval after affording it a reasonable opportunity of being heard;25| ( | iii | ) where the application is made under ||--------------------------------------------------|-------|-----------------------------------------|| clause ( | iv | ) of the said proviso, pass an order in || writing granting it approval provisionally for a | | || period of three years from the assessment year | | || from which the registration is sought, | | |and send a copy of such order to the institution or fund:30 35provided also that the order under clause (i), subclause (b) of clause (ii) and clause (iii) of the first proviso shall be passed in such form and manner as may be prescribed, before expiry of the period of three months, six months and one month, respectively, calculated from the end of the month in which the application was received:provided also that the approval granted under the second proviso shall apply to an institution or fund, where the application is made under—40(a) clause (i) of the first proviso, from the assessment year from which approval was earlier granted to such institution or fund;(b) clause (iii) of the first proviso, from the first of the assessment years for which such institution or fund was provisionally approved;(c) in any other case, from the assessment year immediately following the financial year in which such application is made";45(c) sub-section (5e), shall be omitted and shall be deemed to have been omitted with effect from the 1st day of june, 2020;(d) after sub-section (5d), the following sub-section shall be inserted with effect from the 1st day of april, 2021, namely:—50"(5e) all applications, pending before the commissioner on which no order has been passed under clause (vi) of sub-section (5) before the date on which this sub-section has come into force, shall be deemed to be applications made under clause (iv) of the first proviso to sub-section (5) on that date";(e) explanation 2a shall be omitted and shall be deemed to have been omitted with effect from the 1st day of june, 2020;5 10(f) after explanation 2, the following explanation shall be inserted with effect from the 1st day of april, 2021, namely:—"explanation 2a—for the removal of doubts, it is hereby declared that claim of the assessee for a deduction in respect of any donation made to an institution or fund to which the provisions of sub-section (5) apply, in the return of income for any assessment year filed by him, shall be allowed on the basis of information relating to said donation furnished by the institution or fund to the prescribed income-tax authority or the person authorised by such authority, subject to verification in accordance with the risk management strategy formulated by the board from time to time"; (xiii) in section 92ca, after sub-section (7), the following sub-sections shall be inserted with effect from the 1st day of november, 2020, namely:—15"(8) the central government may make a scheme, by notification in the official gazette, for the purposes of determination of the arm's length price under sub-section (3), so as to impart greater efficiency, transparency and accountability by—20(a) eliminating the interface between the transfer pricing officer and the assessee or any other person to the extent technologically feasible;(b) optimising utilisation of the resources through economies of scale and functional specialisation;(c) introducing a team-based determination of arm's length price with dynamic jurisdiction25(9) the central government may, for the purpose of giving effect to the scheme made under sub-section (8), by notification in the official gazette, direct that any of the provisions of this act shall not apply or shall apply with such exceptions, modifications and adaptations as may be specified in the notification:30provided that no direction shall be issued after the 31st day of march, 2022 (10) every notification issued under sub-section (8) and sub-section (9) shall, as soon as may be after the notification is issued, be laid before each house of parliament";(xiv) in section 115ad, with effect from the 1st day of april, 2021,—(a) in sub-section (1),—35(i) in the opening portion, for the words "foreign institutional investor", the words "specified fund or foreign institutional investor" shall be substituted;40(ii) for clause (i), the following clause shall be substituted, namely:—" (i) the amount of income-tax calculated on the income in respect of securities referred to in clause (a), if any, included in the total income,—(a) at the rate of twenty percent in case of foreign institutional investor;45(b) at the rate of ten percent in case of specified fund;";(iii) in clause (iv), for the words "foreign institutional investor", the words "specified fund or foreign institutional investor" shall be substituted; (b) after sub-section (1), the following sub-section shall be inserted, namely:—50"(1a) notwithstanding anything contained in sub-section (1), in case of specified fund, the provision of this section shall apply only to the extent of income that is attributable to units held by non-resident (not being a permanent establishment of a non-resident in india) calculated in the prescribed manner";(c) in sub-section (2), for the words "foreign institutional investor", at both the places where they occur, the words "specified fund or foreign institutional investor" shall be substituted;(d) in the explanation, for clause (b), the following clauses shall be inserted with effect from the 1st day of april, 2021, namely:—5'(b) the expression"permanent establishment" shall have the meaning assigned to it in clause (iiia) of section 92f;1042 of 1956(c) the expression "securities" shall have the meaning assigned to it in clause (h) of section 2 of the securities contracts (regulation) act, 1956;(d) the expression "specified fund" shall have the same meaning assigned to it in clause (c) of the explanation to clause (4d) of section 10',(xv) in section 115bbda, in the explanation, in clause (b), in sub-clause (iii),—15(i) for the words, figures and letters, "under section 12a or section 12aaor section 12ab", the words, figures and letters "under section 12a or section 12aa" shall be substituted and shall be deemed to have been substituted with effect from the 1st day of june, 2020;20(ii) for the words, figures and letters, "under section 12a or section 12aa"the words, figures and letters "under section 12a or section 12aa or section 12ab" shall be substituted with effect from the 1st day of april, 2021;(xvi) in section 115jee, after sub-section (2), the following sub-section shall be inserted with effect from the 1st day of april, 2021, namely:—25"(2a) the provisions of this chapter shall not apply to specified fund referred to in clause (c) of the explanation to clause (4d) of section 10"; (xvii) in section 115td,—(i) for the words, figures and letters, "under section 12aa or section 12ab" wherever they occur, the words, figures and letters "under section 12aa" shall be substituted and shall be deemed to have been substituted with effect from the 1st day of june, 2020;30(ii) for the words, figures and letters, "under section 12aa" wherever they occur, the words, figures and letters "under section 12aa or section 12ab" shall be substituted with effect from the 1st day of april, 2021;(xviii) after section 129, the following section shall be inserted with effect from the 1st day of november, 2020, namely:—35"130 (1) the central government may make a scheme, by notification in the official gazette, for the purposes of—faceless jurisdiction of income-tax authorities40| ( | a | ) exercise of all or any of the powers and performance of all ||------------------------------------------------------------------------|-----|-----------------------------------------------------------------|| or any of the functions conferred on, or, as the case may be, assigned | | || to income-tax authorities by or under this act as referred to in | | || section 120; or | | || ( | b | ) vesting the jurisdiction with the assessing officer as || referred to in section 124; or | | || ( | c | ) exercise of power to transfer cases under section 127; or |45(d) exercise of jurisdiction in case of change of incumbency as referred to in section 129, so as to impart greater efficiency, transparency and accountability by—(i) eliminating the interface between the income-tax authority and the assessee or any other person, to the extent technologically feasible;5(ii) optimising utilisation of the resources through economies of scale and functional specialisation;(iii) introducing a team-based exercise of powers and performance of functions by two or more income-tax authorities, concurrently, in respect of any area or persons or classes of persons or incomes or classes of income or cases or classes of cases, with dynamic jurisdiction10(2) the central government may, for the purpose of giving effect to the scheme made under sub-section (1), by notification in the official gazette, direct that any of the provisions of this act shall not apply or shall apply with such exceptions, modifications and adaptations as may be specified in the notification:15provided that no direction shall be issued after the 31st day of march, 2022(3) every notification issued under sub-section (1) and subsection (2) shall, as soon as may be after the notification is issued, be laid before each house of parliament";20(xix) in section 133a, with effect from the 1st day of november, 2020,—(i) in sub-section (6), for the proviso, the following proviso shall be substituted, namely:—25"provided that no action under this section shall be taken by an income-tax authority without the approval of the principal director general or the director general or the principal chief commissioner or the chief commissioner"; (ii) in the explanation, for clause (a), the following clause shall be substituted, namely:—'(a) "income-tax authority" means—30(i) a principal commissioner or commissioner, a principal director or director, a joint commissioner or joint director, an assistant director or a deputy director or an assessing officer, or a tax recovery officer; and35(ii) includes an inspector of income-tax, for the purposes of clause (i) of sub-section (1), clause (i) of sub-section (3) and subsection (5), who is subordinate to the principal director general of income-tax (investigation) or the director general of income-tax (investigation) or the principal chief commissioner of income-tax (tds) or the chief commissioner of income-tax (tds), as the case may be;';40(xx) in section 133c, with effect from the 1st day of november, 2020,—45(a) in sub-section (2), for the words "such information or document and make available the outcome of such processing to the assessing officer", the words, brackets, figures and letter "and utilise such information and document in accordance with the scheme notified under sub-section (3) or the provisions of section 135a" shall be substituted;(b) after sub-section (3), the following sub-section shall be inserted, namely:—50"(4) the scheme made under sub-section (3) shall cease to have effect from the date on which the scheme notified under section 135a in respect of this section comes into effect";(xxi) after section 135, the following section shall be inserted with effect from the 1st day of november, 2020, namely:—faceless collection of information5"135a (1) the central government may make a scheme, by notification inthe official gazette, for the purposes of calling for information under section 133, collecting certain information under section 133b, or calling for information by prescribed income-tax authority under section 133c, or exercise of power to inspect register of companies under section 134, or exercise of power of assessing officer under section 135 so as to impart greater efficiency, transparency and accountability by—10| ( | a | ) eliminating the interface between the income-tax authority and ||--------------------------------------------------------------------------|-----|--------------------------------------------------------------------|| the assessee or any other person to the extent technologically feasible; | | || ( | b | ) optimising utilisation of the resources through economies of || scale and functional specialisation; | | |15| ( ||------------------------------------------------------------------------|| for, or collect, or process, or utilise, the information, with dynamic || jurisdiction |20(2) the central government may, for the purpose of giving effect to the scheme made under sub-section (1), by notification in the official gazette, direct that any of the provisions of this act shall not apply or shall apply with such exceptions, modifications and adaptations as may be specified in the notification:provided that no direction shall be issued after the 31st day of march, 2022 (3) every notification issued under sub-section (1) and sub-section (2) shall, as soon as may be after the notification is issued, be laid before each house of parliament";25(xii) after section 142a, the following section shall be inserted with effect from the 1st day of november, 2020, namely:—faceless inquiry or valuation30"142b (1) the central government may make a scheme, by notification in the official gazette, for the purposes of issuing notice under sub-section (1) or making inquiry before assessment under sub-section (2), or directing the assessee to get his accounts audited under sub-section (2a), of section 142, or estimating the value of any asset, property or investment by a valuation officer under section 142a, so as to impart greater efficiency, transparency and accountability by—(a) eliminating the interface between the income-tax authority or valuationofficer and the assessee or any person to the extent technologically feasible;35(b) optimising utilisation of the resources through economies of scale andfunctional specialisation;(c) introducing a team-based issuance of notice or making of enquiries orissuance of directions or valuation with dynamic jurisdiction;40(2) the central government may, for the purpose of giving effect to the scheme made under sub-section (1), by notification in the official gazette, direct that any of the provisions of this act shall not apply or shall apply with such exceptions, modifications and adaptations as may be specified in the notification: provided that no direction shall be issued after the 31st day of march, 2022 (3) every notification issued under sub-section (1) and sub-section (2) shall, as soon as may be after the notification is issued, be laid before each house of parliament";45(xiii) in section 143, with effect from the 1st day of april, 2021,—(i) in sub-section (3b), in the proviso, for the figures "2022", the figures"2021" shall be substituted;(ii) after sub-section (3c), the following sub-section shall be inserted, namely:—50"(3d) nothing contained in sub-section (3a) and sub-section (3b)shall apply to the assessment made under sub-section (3) or under section 144, as the case may be, on or after the 1st day of april, 2021";(xiv) after section 144a, the following section shall be inserted with effect from the 1st day of april, 2021, namely:—faceless assessment5'144b (1) notwithstanding anything to the contrary contained in any other provisions of this act, the assessment under sub-section (3) of section 143or under section 144, in the cases referred to in sub-section (2), shall be made in a faceless manner as per the following procedure, namely:—10(i) the national faceless assessment centre shall serve a notice on the assessee under sub-section (2) of section 143;(ii) the assessee may, within fifteen days from the date of receipt of notice referred to in clause (i), file his response to the national faceless assessment centre;(iii) where the assessee—15(a) has furnished his return of income under section 139 or in response to a notice issued under sub-section (1) of section 142 or sub-section (1) of section 148, and a notice under sub-section (2) of section 143 has been issued by the assessing officer or the prescribed income-tax authority, as the case may be; or20(b) has not furnished his return of income in response to a notice issued under sub-section (1) of section 142 by the assessing officer; or25(c) has not furnished his return of income under sub-section(1) of section 148 and a notice under sub-section (1) of section 142has been issued by the assessing officer, the national faceless assessment centre shall intimate the assessee that assessment in his case shall be completed in accordance with the procedure laid down under this section;30(iv) the national faceless assessment centre shall assign the case selected for the purposes of faceless assessment under this section to a specific assessment unit in any one regional faceless assessment centre through an automated allocation system;(v) where a case is assigned to the assessment unit, it may make a request to the national faceless assessment centre for—35(a) obtaining such further information, documents or evidence from the assessee or any other person, as it may specify;(b) conducting of certain enquiry or verification by verification unit; and(c) seeking technical assistance from the technical unit;40 45(vi) where a request for obtaining further information, documents or evidence from the assessee or any other person has been made by the assessment unit, the national faceless assessment centre shall issue appropriate notice or requisition to the assessee or any other person for obtaining the information, documents or evidence requisitioned by the assessment unit;(vii) the assessee or any other person, as the case may be, shall file his response to the notice referred to in clause (vi), within the time specified therein or such time as may be extended on the basis of an application in this regard, to the national faceless assessment centre;5(viii) where a request for conducting of certain enquiry or verification by the verification unit has been made by the assessment unit, the request shall be assigned by the national faceless assessment centre to a verification unit in any one regional faceless assessment centres through an automated allocation system;10(ix) where a request for seeking technical assistance from the technical unit has been made by the assessment unit, the request shall be assigned by the national faceless assessment centre to a technical unit in any one regional faceless assessment centres through an automated allocation system;(x) the national faceless assessment centre shall send the report received from the verification unit or the technical unit, based on the request referred to in clause (viii) or clause (ix) to the concerned assessment unit;15(xi) where the assessee fails to comply with the notice referred to in clause (vi) or notice issued under sub-section (1) of section 142 or with a direction issued under sub-section (2a) of section 142, the national faceless assessment centre shall serve upon such assessee a notice under section 144 giving him an opportunity to show-cause, on a date and time to be specified in the notice, why the assessment in his case should not be completed to the best of its judgment;20(xii) the assessee shall, within the time specified in the notice referred to in clause (xi) or such time as may be extended on the basis of an application in this regard, file his response to the national faceless assessment centre;25(xiii) where the assessee fails to file response to the notice referred to in clause (xi) within the time specified therein or within the extended time, if any, the national faceless assessment centre shall intimate such failure to the assessment unit;30 35(xiv) the assessment unit shall, after taking into account all the relevant material available on the record make in writing, a draft assessment order or, in a case where intimation referred to in clause (xiii) is received from the national faceless assessment centre, make in writing, a draft assessment order to the best of its judgment, either accepting the income or sum payable by, or sum refundable to, the assessee as per his return or making variation to the said income or sum, and send a copy of such order to the national faceless assessment centre;(xv) the assessment unit shall, while making draft assessment order, provide details of the penalty proceedings to be initiated therein, if any;40(xvi) the national faceless assessment centre shall examine the draft assessment order in accordance with the risk management strategy specified by the board, including by way of an automated examination tool, whereupon it may decide to—45(a) finalise the assessment, in case no variation prejudicial to the interest of assessee is proposed, as per the draft assessment order and serve a copy of such order and notice for initiating penalty proceedings, if any, to the assessee, along with the demand notice, specifying the sum payable by, or refund of any amount due to, the assessee on the basis of such assessment; or50(b) provide an opportunity to the assessee, in case any variation prejudicial to the interest of assessee is proposed, by serving a notice calling upon him to show cause as to why the proposed variation should not be made; or (c) assign the draft assessment order to a review unit in any one regional faceless assessment centre, through an automated allocation system, for conducting review of such order;5(xvii) the review unit shall conduct review of the draft assessment order referred to it by the national faceless assessment centre whereupon it may decide to—10(a) concur with the draft assessment order and intimate the national faceless assessment centre about such concurrence; or(b) suggest such variation, as it may deem fit, in the draft assessment order and send its suggestions to the national faceless assessment centre; (xviii) the national faceless assessment centre shall, upon receiving concurrence of the review unit, follow the procedure laid down in—(a) sub-clause (a) of clause (xvi); or15(b) sub-clause (b) of clause (xvi);20(xix) the national faceless assessment centre shall, upon receiving suggestions for variation from the review unit, assign the case to an assessment unit, other than the assessment unit which has made the draft assessment order, through an automated allocation system;(xx) the assessment unit shall, after considering the variations suggested by the review unit, send the final draft assessment order to the national faceless assessment centre;25(xxi) the national faceless assessment centre shall, upon receiving final draft assessment order follow the procedure laid down in—(a) sub-clause (a) of clause (xvi); or(b) sub-clause (b) of clause (xvi);30(xxii) the assessee may, in a case where show-cause notice has been served upon him as per the procedure laid down in sub-clause (b) of clause (xvi), furnish his response to the national faceless assessment centre on or before the date and time specified in the notice or within the extended time, if any;(xxiii) the national faceless assessment centre shall,—(a) where no response to the show-cause notice is received as per clause (xxii),—35(a) in a case where the draft assessment order or the final draft assessment order is in respect of an eligible assessee and proposes to make any variation which is prejudicial to the interest of said assessee, forward the draft assessment order or final draft assessment order to such assessee; or40 45(b) in any other case, finalise the assessment as per the draft assessment order or the final draft assessment order and serve a copy of such order and notice for initiating penalty proceedings, if any, to the assessee, alongwith the demand notice, specifying the sum payable by, or refund of any amount due to, the assessee on the basis of such assessment; (b) in any other case, send the response received from the assessee to the assessment unit;(xxiv) the assessment unit shall, after taking into account the response furnished by the assessee, make a revised draft assessment order and send it to the national faceless assessment centre;5(xxv) the national faceless assessment centre shall, upon receiving the revised draft assessment order,—(a) in case the variations proposed in the revised draft assessment order are not prejudicial to the interest of the assessee in comparison to the draft assessment order or the final draft assessment order, and—10(a) in case the revised draft assessment order is in respect of an eligible assessee and there is any variation prejudicial to the interest of the assessee proposed in draft assessment order or the final draft assessment order, forward the said revised draft assessment order to such assessee;15(b) in any other case, finalise the assessment as per the reviseddraft assessment order and serve a copy of such order and notice for initiating penalty proceedings, if any, to the assessee, alongwith the demand notice, specifying the sum payable by, or refund of any amount due to, the assessee on the basis of such assessment;20(b) in case the variations proposed in the revised draft assessment order are prejudicial to the interest of the assessee in comparison to the draft assessment order or the final draft assessment order, provide an opportunity to the assessee, by serving a notice calling upon him to show-cause as to why the proposed variation should not be made;25(xxvi) the procedure laid down in clauses (xxiii), (xxiv) and (xxv)shall apply mutatis mutandis to the notice referred to in sub-clause (b) of clause (xxv);30(xxvii) where the draft assessment order or final draft assessment order or revised draft assessment order is forwarded to the eligible assessee as per item (a) of sub-clause (a) of clause (xxiii) or item (a) of sub-clause (a) of clause (xxv), such assessee shall, within the period specified in sub-section (2) of section 144c, file his acceptance of the variations to the national faceless assessment centre;(xxviii) the national faceless assessment centre shall,—(a) upon receipt of acceptance as per clause (xxvii); or35(b) if no objections are received from the eligible assessee within theperiod specified in sub-section (2) of section 144c,40finalise the assessment within the time allowed under sub-section (4) of section 144c and serve a copy of such order and notice for initiating penalty proceedings, if any, to the assessee, alongwith the demand notice, specifying the sum payable by, or refund of any amount due to, the assessee on the basis of such assessment;45(xxix) where the eligible assessee files his objections with the dispute resolution panel, the national faceless assessment centre shall upon receipt of the directions issued by the dispute resolution panel under sub-section (5)of section 144c, forward such directions to the concerned assessment unit;(xxx) the assessment unit shall in conformity of the directions issued by the dispute resolution panel under sub-section (5) of section 144c, prepare a draft assessment order in accordance with sub-section (13) of section 144c and send a copy of such order to the national faceless assessment centre;5(xxxi) the national faceless assessment centre shall, upon receipt of draft assessment order referred to in clause (xxx), finalise the assessment within the time allowed under sub-section (13) of section 144c and serve a copy of such order and notice for initiating penalty proceedings, if any, to the assessee, alongwith the demand notice, specifying the sum payable by, or refund of any amount due to, the assessee on the basis of such assessment;(xxxii) the national faceless assessment centre shall, after completion of assessment, transfer all the electronic records of the case to the assessing officer having jurisdiction over the said case for such action as may be required under the act10(2) the faceless assessment under sub-section (1) shall be made in respect of such territorial area, or persons or class of persons, or incomes or class of incomes, or cases or class of cases, as may be specified by the board(3) the board may, for the purposes of faceless assessment, set up the following centres and units and specify their respective jurisdiction, namely:—15(i) a national faceless assessment centre to facilitate the conduct of faceless assessment proceedings in a centralised manner, which shall be vested with the jurisdiction to make faceless assessment;20(ii) regional faceless assessment centres, as it may deem necessary, to facilitate the conduct of faceless assessment proceedings in the cadre controlling region of a principal chief commissioner, which shall be vested with the jurisdiction to make faceless assessment;25(iii) assessment units, as it may deem necessary to facilitate the conduct of faceless assessment, to perform the function of making assessment, which includes identification of points or issues material for the determination of any liability (including refund) under the act, seeking information or clarification on points or issues so identified, analysis of the material furnished by the assessee or any other person, and such other functions as may be required for the purposes of making faceless assessment;30(iv) verification units, as it may deem necessary to facilitate the conduct of faceless assessment, to perform the function of verification, which includes enquiry, cross verification, examination of books of accounts, examination of witnesses and recording of statements, and such other functions as may be required for the purposes of verification;35(v) technical units, as it may deem necessary to facilitate the conduct of faceless assessment, to perform the function of providing technical assistance which includes any assistance or advice on legal, accounting, forensic, information technology, valuation, transfer pricing, data analytics, management or any other technical matter which may be required in a particular case or a class of cases, under this section; and40 45(vi) review units, as it may deem necessary to facilitate the conduct of faceless assessment, to perform the function of review of the draft assessment order, which includes checking whether the relevant and material evidence has been brought on record, whether the relevant points of fact and law have been duly incorporated in the draft order, whether the issues on which addition or disallowance should be made have been discussed in the draft order, whether the applicable judicial decisions have been considered and dealt with in the draft order, checking for arithmetical correctness of variations proposed, if any, and such other functions as may be required for the purposes of review50(4) the assessment unit, verification unit, technical unit and the review unit shall have the following authorities, namely:—(a) additional commissioner or additional director or joint commissioner or joint director, as the case may be;(b) deputy commissioner or deputy director or assistant commissioner or assistant director, or income-tax officer, as the case may be;5(c) such other income-tax authority, ministerial staff, executive orconsultant, as considered necessary by the board10(5) all communication among the assessment unit, review unit, verification unit or technical unit or with the assessee or any other person with respect to the information or documents or evidence or any other details, as may be necessary for the purposes of making a faceless assessment shall be through the national faceless assessment centre;15(6) all communications between the national faceless assessment centre and the assessee, or his authorised representative, or any other person shall be exchanged exclusively by electronic mode; and all internal communications between the national faceless assessment centre, regional faceless assessment centres and various units shall be exchanged exclusively by electronic mode:provided that the provisions of this sub-section shall not apply to the enquiry or verification conducted by the verification unit in the circumstances referred to in sub-clause (g) of clause (xii) of sub-section (7);20(7) for the purposes of faceless assessment—(i) an electronic record shall be authenticated by—(a) the national faceless assessment centre by affixing its digital signature;25(b) assessee or any other person, by affixing his digital signature ifhe is required to furnish his return of income under digital signature, and in any other case, by affixing his digital signature or under electronic verification code in the prescribed manner;(ii) every notice or order or any other electronic communication shall be delivered to the addressee, being the assessee, by way of—30(a) placing an authenticated copy thereof in the assessee's registeredaccount; or(b) sending an authenticated copy thereof to the registered emailaddress of the assessee or his authorised representative; or(c) uploading an authenticated copy on the assessee's mobile app,35and followed by a real time alert;(iii) every notice or order or any other electronic communication shall be delivered to the addressee, being any other person, by sending an authenticated copy thereof to the registered email address of such person, followed by a real time alert;40(iv) the assessee shall file his response to any notice or order or any otherelectronic communication, through his registered account, and once an acknowledgement is sent by the national faceless assessment centre containing the hash result generated upon successful submission of response, the response shall be deemed to be authenticated;45(v) the time and place of dispatch and receipt of electronic record shall bedetermined in accordance with the provisions of section 13 of the information technology act, 2000;(vi) a person shall not be required to appear either personally or through authorised representative in connection with any proceedings before the incometax authority at the national faceless assessment centre or regional faceless assessment centre or any unit set up under this sub-section;510(vii) in a case where a variation is proposed in the draft assessment order or final draft assessment order or revised draft assessment order, and an opportunity is provided to the assessee by serving a notice calling upon him to show cause as to why the assessment should not be completed as per the such draft or final draft or revised draft assessment order, the assessee or his authorised representative, as the case may be, may request for personal hearing so as to make his oral submissions or present his case before the income-tax authority in any unit;15(viii) the chief commissioner or the director general, in charge of the regional faceless assessment centre, under which the concerned unit is set up, may approve the request for personal hearing referred to in clause (vii) if he is of the opinion that the request is covered by the circumstances referred to in sub-clause (h) of clause (xii);20(ix) where the request for personal hearing has been approved by the chief commissioner or the director general, in charge of the regional faceless assessment centre, such hearing shall be conducted exclusively through video conferencing or video telephony, including use of any telecommunication application software which supports video conferencing or video telephony, in accordance with the procedure laid down by the board;25(x) subject to the proviso to sub-section (6), any examination or recording of the statement of the assessee or any other person (other than statement recorded in the course of survey under section 133a of the act) shall be conducted by an income-tax authority in any unit, exclusively through video conferencing or video telephony, including use of any telecommunication application software which supports video conferencing or video telephony in accordance with the procedure laid down by the board;30 35(xi) the board shall establish suitable facilities for video conferencing or video telephony including telecommunication application software which supports video conferencing or video telephony at such locations as may be necessary, so as to ensure that the assessee, or his authorised representative, or any other person is not denied the benefit of faceless assessment merely on the consideration that such assessee or his authorised representative, or any other person does not have access to video conferencing or video telephony at his end;(xii) the principal chief commissioner or the principal director general, in charge of the national faceless assessment centre shall, with the prior approval of the board, lay down the standards, procedures and processes for effective functioning of the national faceless assessment centre, regional faceless assessment centres and the unit setup, in an automated and mechanised environment, including format, mode, procedure and processes in respect of the following, namely:—(a) service of the notice, order or any other communication; (b) receipt of any information or documents from the person inresponse to the notice, order or any other communication;(c) issue of acknowledgment of the response furnished by the person; (d) provision of "e-proceeding" facility including login accountfacility, tracking status of assessment, display of relevant details, and facility of download;5(e) accessing, verification and authentication of information andresponse including documents submitted during the assessment proceedings;(f) receipt, storage and retrieval of information or documents in acentralised manner;(g) circumstances in which proviso to sub-section (6) shall apply;10(h) circumstances in which personal hearing referred to clause (viii)shall be approved;(i) general administration and grievance redressal mechanism in therespective centres and units15(8) notwithstanding anything contained in sub-section (1) or sub-section (2), the principal chief commissioner or the principal director general in charge of national faceless assessment centre may at any stage of the assessment, if considered necessary, transfer the case to the assessing officer having jurisdiction over such case, with the prior approval of the board20(9) notwithstanding anything contained in any other provision of this act, assessment made under sub-section (3) of section 143 or under section 144 in the cases referred to in sub-section (2) (other than the cases transferred under sub-section(8), on or after the 1st day of april, 2021, shall be non-est if such assessment is not made in accordance with the procedure laid down under this sectionexplanation—in this section, unless the context otherwise requires—25(a) "addressee" shall have the same meaning as assigned to it in clause (b) of sub-section (1) of section 2 of the information technology act, 2000;21 of 2000(b) "authorised representative" shall have the same meaning as assigned to it in sub-section (2) of section 288;30(c) "automated allocation system" means an algorithm for randomisedallocation of cases, by using suitable technological tools, including artificial intelligence and machine learning, with a view to optimise the use of resources;35(d) "automated examination tool" means an algorithm for standardisedexamination of draft orders, by using suitable technological tools, including artificial intelligence and machine learning, with a view to reduce the scope of discretion;21 of 2000(e) "computer resource" shall have the same meaning as assigned to it in clause (k) of sub-section (1) of section 2 of the information technology act, 2000;4021 of 2000(f) "computer system" shall have the same meaning as assigned to it in clause (l) of sub-section (1) of section 2 of the information technology act, 2000;(g) "computer resource of assessee" shall include assessee's registered account in designated portal of the income-tax department, the mobile app linked to the registered mobile number of the assessee, or the registered email address of the assessee with his email service provider;4521 of 2000(h) "digital signature" shall have the same meaning as assigned to it in clause (p) of sub-section (1) of section 2 of the information technology act, 2000;(i) "designated portal" means the web portal designated as such by the principal chief commissioner or principal director general, in charge of the national faceless assessment centre;(j) "dispute resolution panel" shall have the same meaning as assigned to it in clause (a) of sub-section (15) of section 144c;5(k) "faceless assessment" means the assessment proceedings conducted electronically in 'e-proceeding' facility through assessee's registered account in designated portal;10(l) "electronic record" shall have the same meaning as assigned to it in clause (t) of sub-section (1) of section 2 of the information technology act, 2000;21 of 2000(m) "eligible assessee" shall have the same meaning as assigned to in clause (b) of sub-section (15) of section 144c;15(n) "email" or "electronic mail" and "electronic mail message" means a message or information created or transmitted or received on a computer, computer system, computer resource or communication device including attachments in text, image, audio, video and any other electronic record, which may be transmitted with the message;2021 of 2000(o) "hash function" and "hash result" shall have the same meaning as assigned to them in the explanation to sub-section (2) of section 3 of the information technology act, 2000;(p) "mobile app" shall mean the application software of the income-tax department developed for mobile devices which is downloaded and installed on the registered mobile number of the assessee;2521 of 2000(q) "originator" shall have the same meaning as assigned to it in clause (za) of sub-section (1) of section 2 of the information technology act, 2000;30(r) "real time alert" means any communication sent to the assessee, by way of short messaging service on his registered mobile number, or by way of update on his mobile app, or by way of an email at his registered email address, so as to alert him regarding delivery of an electronic communication;(s) "registered account" of the assessee means the electronic filing account registered by the assessee in designated portal;35(t) "registered e-mail address" means the e-mail address at which an electronic communication may be delivered or transmitted to the addressee, including—(i) the email address available in the electronic filing account of the addressee registered in designated portal; or40(ii) the e-mail address available in the last income-tax return furnished by the addressee; or(iii) the e-mail address available in the permanent account number database relating to the addressee; or(iv) in the case of addressee being an individual who possesses the aadhaar number, the e-mail address of addressee available in the database of unique identification authority of india; or45(v) in the case of addressee being a company, the e-mail address of the company as available on the official website of ministry of corporate affairs; or(vi) any e-mail address made available by the addressee to the income-tax authority or any person authorised by such authority (u) "registered mobile number" of the assessee means the mobile number of the assessee, or his authorised representative, appearing in the user profile of the electronic filing account registered by the assessee in designated portal;5(v) "video conferencing or video telephony" means the technological solutions for the reception and transmission of audio-video signals by users at different locations, for communication between people in real-time (xxv) in section 144c, after sub-section (14a), the following sub-sections shall be inserted with effect from the 1st day of november, 2020, namely:—10"(14b) the central government may make a scheme, by notification in the official gazette, for the purposes of issuance of directions by the dispute resolution panel, so as to impart greater efficiency, transparency and accountability by—15(a) eliminating the interface between the dispute resolution paneland the eligible assessee or any other person to the extent technologically feasible;(b) optimising utilisation of the resources through economies ofscale and functional specialisation;20(c) introducing a mechanism with dynamic jurisdiction for issuanceof directions by dispute resolution panel25(14c) the central government may, for the purpose of giving effect to the scheme made under sub-section (14b), by notification in the official gazette, direct that any of the provisions of this act shall not apply or shall apply with such exceptions, modifications and adaptations as may be specified in the notification:provided that no direction shall be issued after the 31st day of march, 202230(14d) every notification issued under sub-section (14b) and sub-section (14c) shall, as soon as may be after the notification is issued, be laid before each house of parliament"; (xxvi) after section 151, the following section shall be inserted with effect from the 1st day of november, 2020, namely:—35faceless assessment of income escaping assessment"151a (1) the central government may make a scheme, by notification in the official gazette, for the purposes of assessment, reassessment or re-computation under section 147 or issuance of notice under section 148 or sanction for issue of such notice under section 151, so as to impart greater efficiency, transparency and accountability by—(a) eliminating the interface between the income-tax authority and the assessee or any other person to the extent technologically feasible;(b) optimising utilisation of the resources through economies ofscale and functional specialisation;(c) introducing a team-based assessment, reassessment,re-computation or issuance or sanction of notice with dynamic jurisdiction(2) the central government may, for the purpose of giving effect to the scheme made under sub-section (1), by notification in the official gazette, direct that any of the provisions of this act shall not apply or shall apply with such exceptions, modifications and adaptations as may be specified in the notification:provided that no direction shall be issued after the 31st day of march, 2022(3) every notification issued under sub-section (1) and sub-section (2) shall, as soon as may be after the notification is issued, be laid before each house of parliament";(xxvii) after section 157, the following section shall be inserted with effect from the 1st day of november, 2020, namely:—5faceless rectification, amendments and issuance of notice or intimation157a (1) the central government may make a scheme, by notification in the official gazette, for the purposes of rectification of any mistake apparent from record under section 154 or other amendments under section 155 or issue of notice of demand under section 156, or intimation of loss under section 157, so as to impart greater efficiency, transparency and accountability by—10(a) eliminating the interface between the income-tax authority and the assessee or any other person to the extent technologically feasible;(b) optimising utilisation of the resources through economies of scale and functional specialisation;15(c) introducing a team-based rectification of mistakes, amendment of orders, issuance of notice of demand or intimation of loss, with dynamic jurisdiction(2) the central government may, for the purpose of giving effect to the scheme made under sub-section (1), by notification in the official gazette, direct that any of the provisions of this act shall not apply or shall apply with such exceptions, modifications and adaptations as may be specified in the notification:20provided that no direction shall be issued after the 31st day of march, 2022 (3) every notification issued under sub-section (1) and sub-section (2) shall, as soon as may be after the notification is issued, be laid before each house of parliament";(xxviii) in section 196d, after sub-section (1), the following sub-section shall be inserted with effect from the 1st day of november, 2020, namely:—25 30"(1a) where any income in respect of securities referred to in clause (a) of sub-section (1) of section 115ad, not being income by way of interest referred to in section 194ld, is payable to a specified fund [referred to in clause (c) of the explanation to clause (4d) of section 10], the person responsible for making the payment shall, at the time of credit of such income to the account of the payee, or at the time of payment thereof by any mode, whichever is earlier, deduct the income-tax thereon at the rate of ten per cent:provided that no deduction shall be made in respect of an income exempt under clause (4d) of section 10";35(xxix) after section 197a, the following section shall be inserted and shall be deemed to have been inserted with effect from the 14th day of may, 2020, namely:—40lower deduction in certain cases for a limited period"197b in case the provisions of sections 193, 194, 194a, 194c, 194d,194da,194ee, 194f, 194g, 194h, 194-i,194-ia, 194-ib, 194-ic, 194j, 194k,194la, sub-section (1) of section 194lba, clause (i) of section 194lbb, sub-section (1)of section 194lbc, sections 194m and 194-o require deduction of tax at source during the period commencing from the 14th day of may, 2020 to the 31st day of march, 2021, then notwithstanding anything contained in these sections the deduction of tax shall be made at the rate being the three-fourth of the rate specified in these sections";45(xxx) in section 206c, after sub-section (10), the following sub-section shall be inserted and shall be deemed to have been inserted with effect from the 14th day of may, 2020, namely:—"(10a) in case the provisions of sub-sections (1) [except the goods referred5at serial number (i) in the table], (1c), (1f) or (1h) require collection of tax at source during the period commencing from the 14th day of may, 2020 to the 31st day of march, 2021, then notwithstanding anything contained in these sub-sections the collection of tax shall be made at the rate being the three-fourth of the rate specified in these sub-sections";(xxxi) after section 230, the following section shall be inserted with effect from the 1st day of november, 2020, namely:—10faceless collection and recovery of tax15 20"231 (1) the central government may make a scheme, by notification in the official gazette, for the purposes of issuance of certificate for deduction of income-tax at any lower rates or no deduction of income-tax under section 197, or deeming a person to be an assessee in default under sub-section (1) of section 201 or sub-section (6a) of section 206c, issuance of certificate for lower collection of tax under sub-section (9) of section 206c or passing of order or amended order under sub-section (3) or sub-section (4) of section 210, or reduction or waiver of the amount of interest paid or payable by an assessee under sub-section (2a), or extending the time for payment or allowing payment by instalment under sub-section (3), or treating the assessee as not being in default under sub-section (6) or sub-section (7) of section 220, or levy of penalty under section 221, or drawing of certificate by the tax recovery officer under section 222, or jurisdiction of tax recovery officer under section 223, or stay of proceedings in pursuance of certificate and amendment or cancellation thereof by the tax recovery officer under section 225, or other modes of recovery under section 226 or issuance of tax clearance certificate under section 230 so as to impart greater efficiency, transparency and accountability by—25(a) eliminating the interface between the income-tax authority andthe assessee or any other person to the extent technologically feasible;(b) optimising utilisation of the resources through economies ofscale and functional specialisation;3035(c) introducing a team-based issuance of certificate for deduction or collection of income-tax at lower rate, or for no deduction, or for deeming a person to be an assessee in default, or for passing of an order or amended order, or extending the time for payment,or allowing payment by instalment, or reduction or waiver of interest, or for treating the assessee as not being in default, or for levy of penalty or for drawing of certificate or stay of proceedings in pursuance of certificate and amendment or cancellation thereof, by, or jurisdiction of, tax recovery officer or other modes of recovery or issuance of tax clearance certificate, with dynamic jurisdiction40(2) the central government may, for the purpose of giving effect to the scheme made under sub-section (1), by notification in the official gazette, direct that any of the provisions of this act shall not apply or shall apply with such exceptions, modifications and adaptations as may be specified in the notification:provided that no direction shall be issued after the 31st day of march, 2022 (3) every notification issued under sub-section (1) and sub-section (2) shall, as soon as may be after the notification is issued, be laid before each house of parliament";45(xxxii) in section 253,— (a) in sub-section (1), in clause (c),—50(i) for the words, figures and letters "under section 12aa or section12ab", the words, figures and letters "under section 12aa" shall be substituted and shall be deemed to have been substituted with effect from the 1st day of june, 2020;(ii) for the words, figures and letters "under section 12aa" the words, figures and letters "under section 12aa or section 12ab" shall be substituted with effect from the 1st day of april, 2021;5(b) after sub-section (7), the following sub-sections shall be inserted with effect from the 1st day of november, 2020, namely:—"(8) the central government may make a scheme, by notification in the official gazette, for the purposes of appeal to the appellate tribunal under sub-section (2), so as to impart greater efficiency, transparency and accountability by—10(a) optimising utilisation of the resources through economies of scale and functional specialisation;(b) introducing a team-based mechanism for appeal to the appellate tribunal, with dynamic jurisdiction 15(9) the central government may, for the purpose of giving effect to the scheme made under sub-section (8), by notification in the official gazette, direct that any of the provisions of this act shall not apply or shall apply with such exceptions, modifications and adaptations as may be specified in the notification:provided that no direction shall be issued after the 31st day of march, 202220(10) every notification issued under sub-section (8) and sub-section (9) shall, as soon as may be after the notification is issued, be laid before each house of parliament";(xxxiii) in section 263, in sub-section (1), in explanation 1, in clause (b), and in explanation 2, after the words "the principal", the words "chief commissioner or chief commissioner or principal" shall be inserted with effect from the 1st day of november, 2020;25(xxxiv) in section 264, in sub-section (1), in sub-section (2), in proviso to sub-section (3), in sub-section (4), in explanation 1 and in explanation 2, after the words "the principal", the words "chief commissioner or chief commissioner or principal" shall be inserted with effect from the 1st day of november, 2020;30(xxxv) after section 264, the following section shall be inserted with effect from the 1st day of november, 2020, namely:—faceless revision of orders"264a (1) the central government may make a scheme, by notification in the official gazette, for the purposes of revision of orders under section 263 or section 264, so as to impart greater efficiency, transparency and accountability by—35(a) eliminating the interface between the income-tax authority and the assessee or any other person to the extent technologically feasible;(b) optimising utilisation of the resources through economies of scale and functional specialisation;(c) introducing a team-based revision of orders, with dynamic jurisdiction40(2) the central government may, for the purpose of giving effect to the scheme made under sub-section (1), by notification in the official gazette, direct that any of the provisions of this act shall not apply or shall apply with such exceptions, modifications and adaptations as may be specified in the notification:provided that no direction shall be issued after the 31st day of march, 202245(3) every notification issued under sub-section (1) and sub-section (2)shall, as soon as may be after the notification is issued, be laid before each house of parliament5faceless effect of orders264b (1) the central government may make a scheme, by notification inthe official gazette, for the purposes of giving effect to an order under section 250, 254, 260, 262, 263 or 264, so as to impart greater efficiency, transparency and accountability by—(a) eliminating the interface between the income-tax authority and the assessee or any other person to the extent technologically feasible;10(b) optimising utilisation of the resources through economies of scale andfunctional specialisation;(c) introducing a team-based giving of effect to orders, with dynamic jurisdiction15(2) the central government may, for the purpose of giving effect to the scheme made under sub-section (1), by notification in the official gazette, direct that any of the provisions of this act shall not apply or shall apply with such exceptions, modifications and adaptations as may be specified in the notification:provided that no direction shall be issued after the 31st day of march, 202220(3) every notification issued under sub-section (1) and sub-section (2)shall, as soon as may be after the notification is issued, be laid before each house of parliament";(xxxvi) section 271k shall be omitted and shall be deemed to have been omitted with effect from the 1st day of june, 2020;25(xxxvii) after section 271j, the following section shall be inserted with effect from the 1st day of april, 2021, namely:—"271k without prejudice to the provisions of this act, the assessing officer may direct that a sum not less than ten thousand rupees but which may extend to one lakh rupees shall be paid by way of penalty by—penalty for failure to furnish statements, etc30(i) the research association, university, college or other institutionreferred to in clause (ii) or clause (iii) or the company referred to inclause (iia), of sub-section (1) of section 35, if it fails to deliver or cause to be delivered a statement within the time prescribed under clause (i), orfurnish a certificate prescribed under clause (ii) of sub-section (1a) of thatsection; or35(ii) the institution or fund, if it fails to deliver or cause to be delivereda statement within the time prescribed under clause (viii) ofsub-section (5) of section 80g, or furnish a certificate prescribed under clause (ix) of the said sub-section";40(xxxviii) in section 274, in sub-section (2a), in clause (a), for the words"assessing officer and the assessee in the course of proceedings", the words "income-tax authority and the assessee or any other person" shall be substituted and shall be deemed to have been substituted with effect from the 1st day of april, 2020;45(xxxix) in section 279, after sub-section (3), the following sub-sections shall be inserted with effect from the 1st day of november, 2020, namely:—"(4) the central government may make a scheme, by notification in the official gazette, for the purposes of granting sanction under sub-section (1) or compounding under sub-section (2), so as to impart greater efficiency, transparency and accountability by—45(a) eliminating the interface between the income-tax authority andthe assessee or any other person to the extent technologically feasible;(b) optimising utilisation of the resources through economies of scale and functional specialisation;(c) introducing a team-based sanction to proceed against, or for compounding, an offence, with dynamic jurisdiction5(5) the central government may, for the purpose of giving effect to the scheme made under sub-section (4), by notification in the official gazette, direct that any of the provisions of this act shall not apply or shall apply with such exceptions, modifications and adaptations as may be specified in the notification:provided that no direction shall be issued after the 31st day of march, 202210(6) every notification issued under sub-section (4) and sub-section (5) shall, as soon as may be after the notification is issued, be laid before each house of parliament";(xxxx) after section 293c of the income-tax act, the following section shall be inserted with effect from the 1st day of november, 2020, namely:—15faceless approval or registration"293d (1) the central government may make a scheme, by notification in the official gazette, for the purposes of granting approval or registration, as the case may be, by income-tax authority under any provision of the act, so as to impart greater efficiency, transparency and accountability by—(a) eliminating the interface between the income-tax authorities and the assessee or any other person to the extent technologically feasible;20(b) optimising utilisation of the resources through economies of scale and functional specialisation;(c) introducing a team-based grant of approval or registration, with dynamic jurisdiction25(2) the central government may, for the purpose of giving effect to the scheme made under sub-section (1), by notification in the official gazette, direct that any of the provisions of this act shall not apply or shall apply with such exceptions, modifications and adaptations as may be specified in the notification:provided that no direction shall be issued after the 31st day of march, 202230(3) every notification issued under sub-section (1) and sub-section (2)shall, as soon as may be after the notification is issued, be laid before each house of parliament" chapter iv amendments to the direct tax vivad se vishwas act5 in section 3 of the direct tax vivad se vishwas act, 2020,—35amendment of section 3 of act 3 of 2020(a) in the opening portion, for the words, "under the provisions of this act on or before the last date" the words "under the provisions of this act on or before such date as may be notified" shall be substituted and shall be deemed to have been substituted;(b) in the table,—40(i) in third column, in the heading, for the figures, letters and words"31st day of march, 2020", the figures, letters and words "31st day of december, 2020 or such later date as may be notified" shall be substituted and shall be deemed to have been substituted;45(ii) in fourth column, in the heading, for the figures, letters and words"1st day of april, 2020", the figures, letters and words "1st day of january, 2021 or such later date as may be notified" shall be substituted and shall be deemed to have been substituted; chapter v relaxation of time limit under certain indirect tax laws1 of 1944 52 of 1962 51 of 1975 32 of 1994 12 of 20175106 notwithstanding anything contained in the central excise act, 1944, the customs act, 1962 (except sections 30, 30a, 41, 41a, 46 and 47), the customs tariff act, 1975 or chapter v of the finance act,1994, as it stood prior to its omission vide section 173 of the central goods and service tax act, 2017 with effect from the 1st day of july, 2017, the time limit specified in, or prescribed or notified under, the said acts which falls during the period from the 20th day of march, 2020 to the 29th day of september, 2020 or such other date after the 29th day of september, 2020 as the central government may, by notification, specify, for the completion or compliance of such action as—relaxation of time limit under central excise act, 1944, customs act,1962, customs tariff act, 1975 and finance act, 1994(a) completion of any proceeding or issuance of any order, notice, intimation, notification or sanction or approval, by whatever name called, by any authority, commission, tribunal, by whatever name called; or15(b) filing of any appeal, reply or application or furnishing of any report, document, return or statement, by whatever name called, shall, notwithstanding that completion or compliance of such action has not been made within such time, stand extended to the 30th day of september, 2020 or such other date after 30th day of september, 2020 as the central government may, by notification, specify in this behalf:20provided that the central government may specify different dates for completion or compliance of different actions under clause (a) or clause (b) chapter vi amendment to the central goods and services tax act, 20177 after section 168 of the central goods and services tax act, 2017, the following section shall be inserted, namely:—25insertion of new section 168a in act 12 of 2017'168a (1) notwithstanding anything contained in this act, the government may, on the recommendations of the council, by notification, extend the time limit specified in, or prescribed or notified under, this act in respect of actions which cannot be completed of complied with due to force majeurepower of government to extend time limit inspecialcircumstances30(2) the power to issue notification under sub-section (1) shall include the power to give retrospective effect to such notification from a date not earlier than the date of commencement of this act35explanation—for the purposes of this section, the expression "force majeure"means a case of war, epidemic, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature or otherwise affecting the implementation of any of the provisions of this act' chapter vii amendment to the finance (no 2) act, 20198 in section 127 of the finance (no2) act, 2019,—40amendment of section 127 of act 23 of 2019(i) in sub-section (1), for the words "within a period of sixty days from the date of receipt of the said declaration", the words, figures and letters "on or before 31st day of may, 2020" shall be substituted;45(ii) in sub-section (2), for the words "within thirty days of the date of receipt of the declaration", the words, figures and letters "on or before the 1st day of may, 2020" shall be substituted;(iii) in sub-section (4), for the words "within a period of sixty days from the date of receipt of the declaration", the words, figures and letters "on or before the 31st day of may, 2020" shall be substituted;5(iv) in sub-section (5), for the words "within a period of thirty days from the date of issue of such statement", the words, figures and letters "on or before the 30th day of june, 2020" shall be substituted chapter viii amendment to the finance act, 20209 in the finance act, 2020, in section 2, with effect from the 1st day of april, 2020,—amendment of act 12 of 2020(i) in sub-section (6),—10(a) in clause (a), for the words "being a non-resident", the words"being a non-resident, except in case of deduction on income by way of dividend under section 196d of the income-tax act" shall be substituted and shall be deemed to have been substituted;(b) after clause (a), the following clause shall be inserted and shall be deemed to have been inserted, namely:—15 20"(aa) in the case of every individual or hindu undivided family or 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, being a non-resident, in case of deduction on income by way of dividend under section 196d of that act, calculated,—25(i) at the rate of ten per cent of such tax, where the income or the aggregate of such incomes paid or likely to be paid and subject to the deduction exceeds fifty lakh rupees but does not exceed one crore rupees;(ii) at the rate of fifteen per cent of such tax, where the income or the aggregate of such incomes paid or likely to be paid and subject to the deduction exceeds one crore rupees;";(ii) in sub-section (9), in the third proviso, in clause (aa),—30(a) in sub-clause (iii), for the words "excluding the income", the words "excluding the income by way of dividend or income" shall be substituted and shall be deemed to have been substituted;35(b) in sub-clause (iv), for the words "excluding the income", the words "excluding the income by way of dividend or income" shall be substituted and shall be deemed to have been substituted;(c) in sub-clause (v), for the words "including the income", the words "including the income by way of dividend or income" shall be substituted and shall be deemed to have been substituted;40(d) in the proviso, for the words "any income", the words "any income by way of dividend or income" shall be substituted and shall be deemed to have been substitutedpower to remove difficulties10 (1) 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 the difficulty:45provided that no such order shall be made after the expiry of a period of two years from the end of the month in which this act has received the assent of the president(2) every order made under this section shall be laid before each house of parliament 11 (1) the taxation and other laws (relaxation of certain provisions)ordinance, 2020 is hereby repealedrepeal and savingsord 2 of 20205(2) notwithstanding such repeal, anything done, any notification issued or any action taken under the said ordinance, shall be deemed to have been done, issued or taken under the corresponding provisions of this act statement of objects and reasonsthe outbreak of novel corona virus (covid-19) pandemic across many countries of the world, including india, has caused immense loss to lives of people and given rise to unprecedented humanitarian and economic crisis in the country due to vagaries of pandemic, a national lockdown was imposed which had to be further extended due to very rapid spread of pandemic, social distancing had to be ensured immediately to prevent society at large from its disastrous consequences this necessitated ease of compliance under certain tax and other laws2 as parliament was not in session and in view of the urgency, the taxation and other laws (relaxation of certain provisions) ordinance, 2020 (ord 2 of 2020) was promulgated on the 31st day of march, 2020 which, inter alia, relaxed certain provisions of the specified acts relating to direct taxes, indirect taxes and prohibition of benami property transactions further, certain notifications were also issued under the said ordinance3 in view of stakeholders' representations received after enactment of the finance act, 2020, and due to need for further rationalisation of some provisions of certain acts, further amendments are considered necessary to be incorporated in the proposed bill replacing the ordinance4 the taxation and other laws (relaxation and amendment of certain provisions)bill, 2020 which seeks to replace the said ordinance, inter alia, provides for extension of various time limits for completion or compliance of actions under the specified acts and reduction in interest, waiver of penalty and prosecution for delay in payment of certain taxes or levies during the specified period5 further, the bill proposes amendments to the income-tax act, 1961 which , inter alia, include providing of tax incentive for category-iii alternative investment funds located in the international financial services centre (ifsc) to encourage relocation of foreign funds to the ifsc, deferment of new procedure of registration and approval of certain entities introduced through the finance act, 2020, providing for deduction for donation made to the prime minister's citizen assistance and relief in emergency situations fund (pm cares fund) and exemption to its income, incorporation of faceless assessment scheme, 2019 therein, empowering the central government to notify schemes for faceless processes under certain provisions by eliminating physical interface to the extent technologically feasible and to provide deduction or collection at source in respect of certain transactions at threefourth's rate for the period from 14th may, 2020 to 31st march, 20216 the bill also proposes to amend the direct tax vivad se viswas act, 2020 to extend the date for payment without additional amount to 31st december, 2020 and to empower the central government to notify certain dates relating to filing of declaration and making of payment7 the finance act, 2020 is also proposed to be amended to clarify regarding capping of surcharge at 15 per cent on dividend income of the foreign portfolio investor8 the bill also proposes to empower the central government to remove any difficulty up to a period of two years and provide for repeal and savings of the taxation and other laws (relaxation of certain provisions) ordinance, 20209 the bill seeks to achieve the aforesaid objectivesnew delhi;nirmala sitharamanthe 11th september, 2020 financial memorandumthis bill seeks to replace the taxation and other laws (relaxation of certain provisions)ordinance, 2020 and further to amend the income-tax act, 1961, the central goods and services tax act, 2017, the finance (no2) act, 2019, the direct tax vivad se vishwas act, 2020 and the finance act, 2020 which are administered by the department of revenue through two boards, namely, the central board of direct taxes and the central board of indirect taxes thus, no additional expenditure is contemplated on the enactment of the bill memorandum regarding delegated legislationclause 4 of the bill seeks to amend certain provisions relating to income-tax act, 1961 the proposed amendment to clause (4d) of section 10 provides for calculation of income of non-resident in the prescribed mannerthe proposed amendment of the clause (23c) of section 10 empowers the board to prescribed form and manner for application for approval to funds or trust or institution or any university or other educational institutions or any hospital or other medical institutionsthe proposed insertion of new section 12ab relating to procedure for fresh registration empowers the board to provide by rules the form and the manner in which the order under the said sub-section shall be passedthe proposed amendment to section 35 seeks to insert new proviso to subsection (1) which empowers the board to provide by rules the form and manner of giving intimation by the research association, university, college or company, to the prescribed authoritythe proposed amendment to sub-section (5) of section 80g empowers the board to provide by rules the statement, time period, form and manner of verification, particulars and time for delivery of correction statement for rectification of any mistake in the information furnished in the said statement it further proposes to empower the board to make rules with regard to the manner, particulars and time for certificate of donationthe proposed insertion of sub-section (1a) in section 115ad provides for calculation of income that is attributable to units held by non-resident in the prescribed mannerthe 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 delegatio of legislative power is, therefore, of a normal character annexure extracts from the income-tax act, 1961 (43 of 1961) 6 for the purposes of this act,—residence in india(1) an individual is said to be resident in india in any previous year, if he— (c) having within the four years preceding that year been in india for a period or periods amounting in all to three hundred and sixty-five days or more, is in india fora period or periods amounting in all to sixty days or more in that yearexplanation 1—in the case of an individual,— (b) being a citizen of india, or a person of indian origin within the meaning of explanation to clause (e) of section 115c, who, being outside india, comes on a visit to india in any previous year, the provisions of sub-clause (c) shall apply in relation to that year as if for the words "sixty days", occurring therein, the words "one hundred and eighty-two days" had been substituted and in case of the citizen or person of indian origin having total income, other than the income from foreign sources, exceeding fifteen lakh rupees during the previous year, for the words "sixty days" occurring therein, the words "one hundred and twenty days" had been substituted (1a) notwithstanding anything contained in clause (1), an individual, being a citizen of india, having total income, other than the income from foreign sources, exceeding fifteen lakh rupees during the previous year shall be deemed to be resident in india in that previous year, if he is not liable to tax in any other country or territory by reason of his domicile or residence or any other criteria of similar nature (6) a person is said to be "not ordinarily resident" in india in any previous year if such person is—(a) an individual who has been a non-resident in india in nine out of the ten previous years preceding that year, or has during the seven previous years preceding that year been in india for a period of, or periods amounting in all to, seven hundred and twenty-nine days or less; or(b) a hindu undivided family whose manager has been a nonresident in india in nine out of the ten previous years preceding that year, or has during the seven previous years preceding that year been in india for a period of, or periods amounting in all to, seven hundred and twenty-nine days or less; or(c) a citizen of india, or a person of indian origin, having total income, other than the income from foreign sources, exceeding fifteen lakh rupees during the previous year, as referred to in clause (b) of explanation 1 to clause (1), who has been in india for a period or periods amounting in all to one hundred and twenty days or more but less than one hundred and eighty-two days; or(d) a citizen of india who is deemed to be resident in india under clause (1a)explanation—for the purposes of this section, the expression "income from foreign sources" means income which accrues or arises outside india (except income derived from a business controlled in or a profession set up in india) 10 in computing the total income of a previous year of any person, any income falling within any of the following clauses shall not be included—incomes not included in total income(4d) any income accrued or arisen to, or received by a specified fund as a result of transfer of capital asset referred to in clause (viiab) of section 47, on a recognised stock exchange located in any international financial services centre and where the consideration for such transaction is paid or payable in convertible foreign exchange, to the extent such income accrued or arisen to, or is received in respect of units held by a non-resident explanation—for the purposes of this clause, the expression—(42 of 1999)(a) "convertible foreign exchange" means foreign exchange which is for the time being treated by the reserve bank of india as convertible foreign exchange for the purposes of the foreign exchange management act, 1999 and the rules made thereunder;(15 of 1992)(b) "manager" shall have the meaning assigned to it in clause (q) of sub-regulation (1) of regulation 2 of the securities and exchange board of india (alternative investment fund) regulations, 2012, made under the securities and exchange board of india act, 1992; (23c) any income received by any person on behalf of,—(i) the prime minister's national relief fund; or (23fe) any income of a specified person in the nature of dividend, interest or longterm capital gains arising from an investment made by it in india, whether in the form of debt or share capital or unit, if the investment— explanation—for the purposes of this clause, "specified person" means—(a) a wholly owned subsidiary of the abu dhabi investment authority which—(i) is a resident of the united arab emirates; and (ii) makes investment, directly or indirectly, out of the fund owned by the government of the united arab emirates; (b) a sovereign wealth fund which satisfies the following conditions, namely:—(i) it is wholly owned and controlled, directly or indirectly, by the government of a foreign country;(ii) it is set up and regulated under the law of such foreign country; (iii) the earnings of the said fund are credited either to the account of the government of that foreign country or to any other account designated by that government so that no portion of the earnings inures any benefit to any private person;(iv) the asset of the said fund vests in the government of such foreign country upon dissolution;(v) it does not undertake any commercial activity whether within or outside india; and(vi) it is specified by the central government, by notification in the official gazette, for this purpose; (c) a pension fund, which—(i) is created or established under the law of a foreign country including the laws made by any of its political constituents being a province, state or local body, by whatever name called;(ii) is not liable to tax in such foreign country; (iii) satisfies such other conditions as may be prescribed; and (iv) is specified by the central government, by notification in the official gazette, for this purpose; 13_(1)_ nothing contained in section 11 or section 12 shall operate so as to exclude from the total income of the previous year of the person in receipt thereof--section 11 not to apply in certain cases explanation 1—for the purposes of sections 11, 12, 12a and this section, "trust"includes any other legal obligation and for the purposes of this section "relative", in relation to an individual, means—expenditure on eligible projects or schemes 35ac (1) (4) where an association or institution is approved by the national committee under sub-section (1), and subsequently—(i) that committee is satisfied that the project or the scheme is not being carried on in accordance with all or any of the conditions subject to which approval was granted; or(ii) such association or institution, to which approval has been granted, has not furnished to the national committee, after the end of each financial year, a report in such form and setting forth such particulars and within such time as may be prescribed, the national committee may, at any time, after giving a reasonable opportunity of showing cause against the proposed withdrawal to the concerned association or institution, withdraw the approval:provided that a copy of the order withdrawing the approval shall be forwarded by the national committee to the assessing officer having jurisdiction over the concerned association or institution(5) where any project or scheme has been notified as an eligible project or scheme under clause (b) of the explanation, and subsequently—(i) the national committee is satisfied that the project or the scheme is not being carried on in accordance with all or any of the conditions subject to which such project or scheme was notified; or(ii) a report in respect of such eligible project or scheme has not been furnished after the end of each financial year, in such form and setting forth such particulars and within such time as may be prescribed, such notification may be withdrawn in the same manner in which it was issued:provided that a reasonable opportunity of showing cause against the proposed withdrawal shall be given by the national committee to the concerned association, institution, public sector company or local authority, as the case may be: (6) notwithstanding anything contained in any other provision of this act, where—(i) the approval of the national committee, granted to an association or institution, is withdrawn under sub-section (4) or the notification in respect of eligible project or scheme is withdrawn in the case of a public sector company or local authority or an association or institution under sub-section (5); or(ii) a company has claimed deduction under the proviso to sub-section (1) in respect of any expenditure incurred directly on the eligible project or scheme and the approval for such project or scheme is withdrawn by the national committee under sub-section (5),80g (1) (2) the sums referred to in sub-section (1) shall be the following, namely:—(a) any sums paid by the assessee in the previous year as donations to—deduction in respect of donations to certain funds, charitable institutions, etc (iiia) the prime minister's national relief fund; or115ad (1) where the total income of a foreign institutional investor includes—(a) income other than income by way of dividends referred to in section 115-oreceived in respect of securities (other than units referred to in section 115ab); or(b) income by way of short-term or long-term capital gains arising from the transfer of such securities, tax on income of foreign institutional investors from securities or capital gains arising from their transferthe income-tax payable shall be the aggregate of—(i) the amount of income-tax calculated on the income in respect of securities referred to in clause (a), if any, included in the total income, at the rate of twenty per cent:provided that the amount of income-tax calculated on the income by way of interest referred to in section 194ld shall be at the rate of five per cent;(iv) the amount of income-tax with which the foreign institutional investor would have been chargeable had its total income been reduced by the amount of income referred to in clause (a) and clause (b) (2) where the gross total income of the foreign institutional investor—(a) consists only of income in respect of securities referred to in clause (a) of sub-section (1), no deduction shall be allowed to it under sections 28 to 44c or clause (i) or clause (iii) of section 57 or under chapter vi-a;(b) includes any income referred to in clause (a) or clause (b) of subsection (1), the gross total income shall be reduced by the amount of such income and the deduction under chapter vi-a shall be allowed as if the gross total income as so reduced, were the gross total income of the foreign institutional investor (3) nothing contained in the first and second provisos to section 48 shall apply for the computation of capital gains arising out of the transfer of securities referred to in clause (b) of sub-section (1)explanation—for the purposes of this section,—(a) the expression "foreign institutional investor" means such investor as the central government may, by notification in the official gazette, specify in this behalf;(b) the expression "securities" shall have the meaning assigned to it in clause (h)of section 2 of the securities contracts (regulation) act, 1956 (42 of 1956)power of survey 133a (1) (6) if a person under this section is required to afford facility to the income-tax authority to inspect books of account or other documents or to check or verify any cash, stock or other valuable article or thing or to furnish any information or to have his statement recorded either refuses or evades to do so, the income-tax authority shall have all the powers under subsection (1) of section 131 for enforcing compliance with the requirement made:provided that—(a) in a case where the information has been received from such authority, as may be prescribed, no action under sub-section (1) shall be taken by an assistant director or a deputy director or an assessing officer or a tax recovery officer or an inspector of income-tax without obtaining the approval of the joint director or the joint commissioner, as the case may be;(b) in any other case, no action under sub-section (1) shall be taken by a joint director or a joint commissioner or an assistant director or a deputy director or an assessing officer or a tax recovery officer or an inspector of income-tax without obtaining the approval of the director or the commissioner, as the case may be explanation—in this section,—(a) "income-tax authority" means a principal commissioner or commissioner, a joint commissioner, a principal director or director, a joint director, an assistant director or a deputy director or an assessing officer, or a tax recovery officer, and for the purposes of clause (i) of sub-section (1), clause (i) of sub-section (3) and sub-section (5), includes an inspector of income-tax;power to call for information by prescribed income-tax authority 133c(1) (2) where any information or document has been received in response to a notice issued under sub-section (1), the prescribed income-tax authority may process such information or document and make available the outcome of such processing to the assessing officer(3) the board may make a scheme for centralised issuance of notice and for processing of information or documents and making available the outcome of the processing to the assessing officerexplanation—in this section, the term "proceeding" shall have the meaning assigned to it in clause (b) of the explanation to section 133aassessment 143(1) (3b) the central government may, for the purpose of giving effect to the scheme made under sub-section (3a), by notification in the official gazette, direct that any of the provisions of this act relating to assessment of total income or loss shall not apply or shall apply with such exceptions, modifications and adaptations as may be specified in the notification:provided that no direction shall be issued after the 31st day of march, 2022(3c) every notification issued under sub-section (3a) and sub-section (3b) shall, as soon as may be after the notification is issued, be laid before each house of parliamentrevision of orders prejudicial to revenue 263 (1) the principal commissioner or commissioner may call for and examine the record of any proceeding under this act, and if he considers that any order passed therein by the assessing officer is erroneous in so far as it is prejudicial to the interests of the revenue, he may, after giving the assessee an opportunity of being heard and after making or causing to be made such inquiry as he deems necessary, pass such order thereon as the circumstances of the case justify, including an order enhancing or modifying the assessment, or cancelling the assessment and directing a fresh assessmentexplanation 1— for the removal of doubts, it is hereby declared that, for the purposes of this sub-section,— (b) "record" shall include and shall be deemed always to have included all records relating to any proceeding under this act available at the time of examination by the principal commissioner or commissioner; explanation 2—for the purposes of this section, it is hereby declared that an order passed by the assessing officer shall be deemed to be erroneous in so far as it is prejudicial to the interests of the revenue, if, in the opinion of the principal commissioner or commissioner,—(a) the order is passed without making inquiries or verification which should have been made;(b) the order is passed allowing any relief without inquiring into the claim; (c) the order has not been made in accordance with any order, direction or instruction issued by the board under section 119; or(d) the order has not been passed in accordance with any decision which is prejudicial to the assessee, rendered by the jurisdictional high court or supreme court in the case of the assessee or any other person [10] m crevision of other orders264 (1) in the case of any order other than an order to which section 263 applies passed by an authority subordinate to him, the principal commissioner or commissioner may, either of his own motion or on an application by the assessee for revision, call for the record of any proceeding under this act in which any such order has been passed and may make such inquiry or cause such inquiry to be made and, subject to the provisions of this act, may pass such order thereon, not being an order prejudicial to the assessee, as he thinks fit(2) the principal commissioner or commissioner shall not of his own motion revise any order under this section if the order has been made more than one year previously(3) in the case of an application for revision under this section by the assessee, the application must be made within one year from the date on which the order in question was communicated to him or the date on which he otherwise came to know of it, whichever is earlier:provided that the principal commissioner or commissioner may, if he is satisfied that the assessee was prevented by sufficient cause from making the application within that period, admit an application made after the expiry of that period(4) the principal commissioner or commissioner shall not revise any order under this section in the following cases—(a) where an appeal against the order lies to the deputy commissioner (appeals)or to the commissioner (appeals) or to the appellate tribunal but has not been made and the time within which such appeal may be made has not expired, or, in the case of an appeal to the commissioner (appeals) or to the appellate tribunal, the assessee has not waived his right of appeal; or(b) where the order is pending on an appeal before the deputy commissioner(appeals); or(c) where the order has been made the subject of an appeal to the commissioner(appeals) or to the appellate tribunal (5) every application by an assessee for revision under this section shall be accompanied by a fee of five hundred rupees(6) on every application by an assessee for revision under this sub-section, made on or after the 1st day of october, 1998, an order shall be passed within one year from the end of the financial year in which such application is made by the assessee for revisionexplanation—in computing the period of limitation for the purposes of this sub-section, the time taken in giving an opportunity to the assessee to be re-heard under the proviso to section 129 and any period during which any proceeding under this section is stayed by an order or injunction of any court shall be excluded(7) notwithstanding anything contained in sub-section (6), an order in revision under sub-section (6) may be passed at any time in consequence of or to give effect to any finding or direction contained in an order of the appellate tribunal, national tax tribunal, the high court or the supreme courtexplanation 1—an order by the principal commissioner or commissioner declining to interfere shall, for the purposes of this section, be deemed not to be an order prejudicial to the assesseeexplanation 2— for the purposes of this section, the deputy commissioner (appeals)shall be deemed to be an authority subordinate to the principal commissioner or commissionerprocedure 274 (1) (2a) the central government may make a scheme, by notification in the official gazette, for the purposes of imposing penalty under this chapter so as to impart greater efficiency, transparency and accountability by—(a) eliminating the interface between the assessing officer and the assessee in the course of proceedings to the extent technologically feasible; extract from the direct tax vivad se vishwas act, 2020 (3 of 2020)amount payable by 3 subject to the provisions of this act, where a declarant files under the provisions of this act on or before thissue of statement by designated committeee last date, a declaration to the designated authority in accordance with the provisions of section 4 in respect of tax arrear, then, notwithstanding anything contained in the income-tax act or any other law for the time being in force, the amount payable by the declarant under this act shall be as under, namely:—| sl no | nature of tax arrear ||---------------------------|---------------------------|| this act on or before the | this act on or 1st day of || 31st day of march, 2020 | april, 2020 but on or || before the last date | | extract from the finance (no 2) act, 2019 (23 of 2019)issue of statement by designated committee127 (1) where the amount estimated to be payable by the declarant, as estimated by the designated committee, equals the amount declared by the declarant, then, the designated committee shall issue in electronic form, a statement, indicating the amount payable by the declarant, within a period of sixty days from the date of receipt of the said declaration(2) where the amount estimated to be payable by the declarant, as estimated by the designated committee, exceeds the amount declared by the declarant, then, the designated committee shall issue in electronic form, an estimate of the amount payable by the declarant within thirty days of the date of receipt of the declaration (4) after hearing the declarant, a statement in electronic form indicating the amount payable by the declarant, shall be issued within a period of sixty days from the date of receipt of the declaration(5) the declarant shall pay electronically through internet banking, the amount payable as indicated in the statement issued by the designated committee, within a period of thirty days from the date of issue of such statement extracts from the finance act, 2020 (12 of 2020)income-tax 2 (1) (6) in cases in which tax has to be deducted under sections 192a, 194, 194c, 194da,194e, 194ee, 194f, 194g, 194h, 194-i, 194-ia, 194-ib, 194-ic, 194j, 194la, 194lb, 194lba, 194lbb, 194l8c, 194lc, 194ld, 194k, 194m, 194n, 194-0, 196a, 196b, 196c and 196d of the income-tax act, the deductions shall be made at the rates specified in those sections and shall be increased by a surcharge, for the purposes of the union,—(a) in the case of every individual or hindu undivided family or 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, being a non-resident, calculated,— (9) subject to the provisions of sub-section (10), in cases in which income-tax has to be charged under sub-section (4) of section 172 or sub-section (2) of section 174 or section 174a or section 175 or sub-section (2) of section 176 of the income-tax act or deducted from, or paid on, income chargeable under the head "salaries" under section 192 of the said act or in which the "advance tax" payable under chapter xvii-c of the said act has to be computed at the rate or rates in force, such income-tax or, as the case may be, "advance tax" shall be charged, deducted or computed at the rate or rates specified in part iii of the first schedule and such tax shall be increased by a surcharge, for the purposes of the union, calculated in such cases and in such manner as provided therein: provided also that in respect of any income chargeable to tax under section 115a,115ab, 115ac, 115aca, 115ad, 115b, 115ba, 115bb, 115bba, 115bbc, 115bbd, 115bbda, 115bbf, 115bbg, 115e, 115jb or 115jc of the income-tax act, "advance tax" computed under the first proviso shall be increased by a surcharge, for the purposes of the union, calculated,— (aa) in the case of individual or every 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, having income under section 115ad of the income-tax act,— (iii) at the rate of twenty-five per cent of such "advance tax", where the total income [excluding the income of the nature referred to in clause (b) of sub-section (1) of section 115ad of the income-tax act] exceeds two crore rupees but does not exceed five crore rupees;(iv) at the rate of thirty-seven per cent of such "advance tax", where the total income [excluding the income of the nature referred to in clause (b) of subsection (1) of section 115ad of the income-tax act] exceeds five crore rupees;(v) at the rate of fifteen per cent of such "advance tax", where the total income [including the income of the nature referred to in clause (b) of sub-section (1) of section 115ad of the income-tax act] exceeds two crore rupees but is not covered in sub-clauses (iii) and (iv):provided that in case where the total income includes any income chargeable under clause (b) of sub-section (1) of section 115ad of the income-tax act, the rate of surcharge on the advance tax calculated on that part of income shall not exceed fifteen per cent; 9 in section 11 of the income-tax act,—amendment of section 11(i) in sub-section (1), in explanation 2, for the words, figures and letters "to any other trust or institution registered under section 12aa, being contribution with a specific direction that they shall form part of the corpus of the trust or institution", the words, brackets, figures and letters "to any fund or trust or institution or any university or other educational institution or any hospital or other medical institution referred to in sub-clause (iv) or sub-clause (v) or sub-clause (vi) or sub-clause (via) of clause (23c) of section 10 or other trust or institution registered under section 12aa, being contribution with a specific direction that it shall form part of the corpus" shall be substituted;(ii) in sub-section (7), with effect the 1st day of june, 2020—(a) for the words, brackets, letters and figures "under clause (b) of sub-section (1) of section 12aa", the words, figures and letters "under section 12aaor section 12ab" shall be substituted;(b) for the words, brackets, figures and letter "clause (1) and clause (23c)", the words, brackets, figures and letter "clause (1), clause (23c) and clause (46)" shall be substituted;(c) the following provisos shall be inserted, namely:—"provided that such registration shall become inoperative from the date on which the trust or institution is approved under clause (23c) of section 10 or is notified under clause (46) of the said section, as the case may be, or the date on which this proviso has come into force, whichever is later:provided further that the trust or institution, whose registration has become inoperative under the first proviso, may apply to get its registration operative under section 12ab subject to the condition that on doing so, the approval under clause (23c) of section 10 or notification under clause (46) of the said section, as the case may be, to such trust or institution shall cease to have any effect from the date on which the said registration becomes operative and thereafter, it shall not be entitled to exemption under the respective clauses" ———— a billto provide for relaxation and amendment of provisions of certain acts and for matters connected therewith or incidential thereto————(smt nirmala sitharaman, minister of finance and corporate affairs) the taxation and other laws (relaxation and amendment of certain provisions) bill, 2020 [to be/as introduced in lok sabha]1page 1, line 7,-for "have into come" read "have come"2page 1, after line 9,-insert '(a) "notification" means the notification published in the official gazette'3page 1, line 10,-for (a) "specified act"read (b) "specified act"4page 2, omit line 10,-5page 2, line 37,-for "fulfillment of" read "fulfilment of"6page 5, line 31,-for "explanation below" read "explanation to"7page 7, line 32,-for "(iii) for" read "(iv) for"8page 8, line 37,-for "proviso shall" read "proviso as so inserted, shall"9page 9, line 7,-for "be an application"read "be applications"10page 10, line 45,-for "deemed to be"read "deemed to have been"11page 10, line 48,-for "deemed to be" read "deemed to have been"12page 11, line 3,-for "deemed to be" read "deemed to have been"13page 11, line 4,-for "2021, namely––" read "2021,––"14page 11, line 7,-for "substituted––" read "substituted, namely:––"15page 11, line 19,-for "substituted figures and letters," read "substituted,"16page 12, line 22,-for "be an application" read "be applications"17page 13, line 20,-for "explanation, for the words, brackets and figures,––" read "explanation,––"18page 13, line 21,-for '(a) "to which'read '(a) for the words, brackets and figures "to which'19page 13, line 24,-for '(b) "clause (ii)' read '(b) for the words, brackets and figures "clause (ii)'20page 13, line 27,-for "sixth proviso" read "sixth provisos"21page 16, line 19,-for "(a) correction"read "a correction"22page 16, omit marginal citation against line 3323page 19, line 4,-for "shall be inserted" read "shall be substituted"24page 19, line 5,-omit"with effect from the 1st day of april, 2021"25page 22, line 17,-for "sub-section (1)" read "under sub-section (1)"26page 23, line 4,-for "assessment centers" read "assessment center"27page 23, line 9,-for "assessment centers"read "assessment center"28page 28, line 49,-for "acknowledgment of" read "acknowledgement of "29page 34, line 30,-for "section shall" read "sections shall"30page 36, line 4,-for "compounding," read "compounding of ,"31page 37, line 41,-for "before 31st day" read "before the 31st day"32page 38, line 10,-for "the words" read "the words, figures and letter"33page 40, line 34,-for "vivad se visvas"read "vivad se vishvas"new delhi;14 september, 2020______ bhadrapada 23, 1942 (saka) | Parliament_bills | 49ebfabf-714d-5ee8-8594-2f742689fae9 |
bill no 168 of 2015 the constitution (amendment) bill, 2015 byshri nishikant dubey, 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:—short title1 this act may be called the constitution (amendment) act, 2015 2 in the eighth schedule to the constitution, existing entries 1 to 22 shall be re-numbered as entries 2 to 23, respectively, and before entry 2 as so re-numbered, the following entry shall be inserted, namely:—amendment of eighth schedule5"1 angika" statement of objects and reasonsangika is one of the most ancient and richest languages of india angika is considered as one of the oldest languages of the world angika is written in the anga lipi, kaithi and devanagri scripts angika is a language of the anga region of india which covers more than 58,000 kilometers of area falling within the states of bihar, jharkhand and west bengal angika is spoken in most of the metros like mumbai, delhi, kolkata and bengaluru and also spoken in most of the industrial cities like durgapur, vodadara, surat, patna, ranchi, jamshedpur, bokaro and other parts of the country angika is a language spoken in eastern part of bihar, santhal parganas of jharkhand and maldah district of west bengal as per 2001 census, angika is spoken by more than thirty million of the indian population and around fifty million people worldwide angika is also spoken in cambodia, vietnam, laos, malaysia and other southeast asian countries besides this, a sizeable angika speaking population is also residing in gulf countries, united states and united kingdomin view of above, in order to promote and protect the culture and traditions of the'angika' language, it is necessary that the language be given its due recognition by including it in the eighth schedule to the constitutionhence this billnew delhi;nishikant dubeyjuly 2, 2015 annexure extract from the constitution of india eighth schedule[articles 344(1) and 351]languages1 assamese 2 bengali 3 bodo 4 dogri 5 gujarati 6 hindi 7 kannada 8 kashmiri 9 konkani10 maithili 11 malayalam 12 manipuri 13 marathi 14 nepali 15 oriya 16 punjabi 17 sanskrit 18 santhali 19 sindhi 20 tamil 21 telugu 22 urdu ———— a billfurther to amend the constitution of india————(shri nishikant dubey, mp)gmgipmrnd—1419ls(s3)—15-07-2015 | Parliament_bills | a10203b8-3487-5cec-b9bf-4b0e874ee5c8 |
the occupational safety, health and working conditions code, 2019—————— arrangement of clauses—————— chapter i preliminary clauses1 short title, extent, commencement and application 2 definitionschapter ii registration3 registration of certain establishments 4 appeal 5 notice by employer of commencement and cessation of operation chapter iii duties of employer and employees, etc6 duties of employer 7 duties and responsibilities of owner, agent and manager in relation to mine 8 duties of manufacturers, designer, importers or suppliers 9 duties of architects, project engineers and designers10 notice of certain accident 11 notice of certain dangerous occurrences 12 notice of certain diseases 13 duties of employees 14 rights of employee 15 duty not to interfere with or misuse things chapter iv occupational safety and health16 national occupational safety and health advisory board 17 state occupational safety and health advisory board 18 occupational safety and health standards 19 research related activities 20 safety and occupational health surveys 21 statistics 22 safety committee and safety officersclauses chapter v health and working conditions23 responsibility of employer for maintaining health and working conditions chapter vi welfare provisions24 welfare facilities in the establishment, etc chapter vii hours of work and annual leave with wages25 weekly and daily working hours, leave, etc 26 weekly and compensatory holidays 27 extra wages for overtime 28 night shifts 29 prohibition of overlapping shifts 30 restriction on double employment in factory and mine 31 notice of periods of work 32 annual leave with wages, etc chapter viii maintenance of registers, records and returns33 maintenance of registers and records and filing of returns chapter ix inspector-cum-facilitators and other authority34 appointment of inspector-cum-facilitators 35 powers of inspector-cum-facilitators 36 powers and duties of district magistrate 37 third party audit and certification 38 special powers of inspector-cum-facilitator in respect of factory, mines and dockwork and building and other construction work39 secrecy of information by chief inspector-cum-facilitator or inspector-cum-facilitator, etc40 facilities to be afforded to the inspector-cum-facilitator 41 powers of special officer to enter, measure, etc, in relation to mine 42 medical officerclauses chapter x special provision relating to employment of women43 employment of women in night 44 prohibition of employment of women in dangerous operation chapter xi special provisions for contract labour and inter-state migrant worker, etc part i contract labour and inter-state migrant worker45 applicability of this part 46 appointment of licensing officers 47 licensing of contractors 48 grant of licence 49 no fees or commission or any cost to workers 50 information regarding work order to be given to the appropriate government 51 revocation, suspension and amendment of licence 52 appeal 53 liability of principal employer for welfare facilities 54 effect of employing contract labour from a non-licenced contractor 55 responsibility for payment of wages 56 experience certificate 57 prohibition of employment of contract labour 58 power to exempt in special cases 59 facilities to inter-state migrant workers 60 displacement allowance 61 journey allowance, etc 62 past liabilities part ii audio-visual workers63 prohibition of employment of audio-visual worker without agreement part iii mines64 managers 65 code not to apply in certain cases 66 exemption from provision regarding employment 67 employment of persons below eighteen years of age 68 decision of question whether a mine is covered under this codeclauses part iv beedi and cigar workers69 licence to industrial premises and person 70 appeals 71 permission to work by employees outside industrial premises 72 part not to apply to self-employed persons in private dwelling houses part v building and other construction workers73 prohibition of employment of certain persons in certain building or otherconstruction work part vi factories74 approval and licensing of factories 75 liability of owner of premises in certain circumstances 76 power to apply the code to certain premises 77 dangerous operations 78 constitution of site appraisal committee 79 compulsory disclosure of information by occupier 80 specific responsibility of occupier in relation to hazardous processes 81 national board to inquire into certain situations 82 emergency standards 83 permissible limits of exposure of chemicals and toxic substances 84 right of workers to warn about imminent danger 85 appeal against the order of inspector-cum-facilitator in case of factory 86 power to make exempting rules and order chapter xii offences and penalties87 general penalty for offences 88 punishment for causing obstruction to chief inspector-cum-facilitator orinspector-cum-facilitator, etc89 penalty for non-maintenance of register, records and non-filing of returns, etc 90 punishment for contravention of certain provisions 91 punishment for falsification of records, etc 92 penalty for omission to furnish plans, etc 93 punishment for disclosure of information clauses94 penalty for wrongfully disclosing results of analysis 95 penalty for contravention of provisions of duties relating to hazardous processes 96 penalty for contravention of the provisions of duties relating to safety provisionsresulting in an accident97 special provision for contravention of order under section 38 98 failure to appoint manager in mine 99 offences by employees100 prosecution of owner, agent or manager of a mine 101 exemption of owner, agent or manager of a mine or occupier of a factory fromliability in certain cases102 offences by companies, etc 103 limitation of prosecution and cognizance of offence 104 power of officers of appropriate government to impose penalty in certain cases 105 jurisdiction of a court for entertaining proceedings, etc, for offence 106 power of court to make orders 107 compounding of offences chapter xiii miscellaneous108 delegation of powers109 onus as to age 110 onus of proving limits of what is practicable, etc 111 common licence for contractor, factories and to industrial premises and person 112 effect of law and agreements inconsistent with this code 113 power of appropriate government to direct inquiry in certain cases 114 publication of reports 115 powers of central government to give directions 116 general restriction on disclosure of information 117 jurisdiction of civil courts barred 118 protection of action taken in good faith 119 power to exempt in special cases 120 power to exempt during public emergency 121 power to exempt public institution 122 persons required to give notice, etc, legally bound to do so 123 power of central government to amend schedule 124 power to remove difficulties 125 power of appropriate government to make rules 126 power of central government to make rules 127 power of state government to make rules 128 power of central government to make regulations in relation to mines and dockwork129 prior publication of rules, etc clauses 130 power to make regulation without previous publication131 bye-laws 132 laying of regulations, rules and bye-laws, etc, before parliament 133 laying of rules made by state government 134 repeal and savingsthe first schedule the second schedule the third schedulebill no 186 of 2019 the occupational safety, health and working conditions code, 2019 a billto consolidate and amend the laws regulating the occupational safety, health and working conditions of the persons employed in an establishment and the matters connected therewith or incidental thereto be it enacted by parliament in the seventieth year of the republic of india as follows:— chapter i preliminary(2) it extends to the whole of india:short title, extent, commencement and applicationprovided that the provisions of this code in so far as they relate to the beedi and cigar and plantation shall not be applicable in the state of jammu and kashmir:580 of 1976provided further that the provisions of this code in so far as they relate to the mines shall extend to whole of india, including the territorial waters, continental shelf, exclusive economic zone and other maritime zones of india as defined under the territorial waters, continental shelf, exclusive economic zone and other maritime zones act, 1976(3) it shall come into force on such date as the central government may, by notification, 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 provision10(4) it shall not apply to the offices of the central government, offices of the state government and any ship of war of any nationalitydefinitions2 (1) in this code, unless the context otherwise requires,—61 of 1986(a) "adolescent" shall have the same meaning as assigned to it in clause (i)of section 2 of the child and adolescent labour (prohibition and regulation) act, 1986;15(b) "adult" means a person who has completed his eighteenth years of age;20(c) "agent" when used in relation to a mine, 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 mine or of any part thereof;(d) "appropriate government" means—25 30(i) in relation to an establishment carried on by or under the authority of the central government or the establishment of, railways, mines, oil field, major ports, air transport service, telecommunication, banking and insurance company or a corporation or other authority established by a central act or a central public sector undertaking or subsidiary companies set up by the central public sector undertakings or autonomous bodies owned or controlled by the central government, including establishment of contractors for the purposes of such establishment, corporation or other authority, central public sector undertakings, subsidiary companies or autonomous bodies, as the case may be, the central government; and35(ii) in relation to any factory, motor transport undertaking, plantation, newspaper establishment and establishment relating to beedi and cigar including the establishments not specified in clause (i), the state government of a state in which it or, as the case may be, they are situated; (e) "audio-visual production" means audio-visual produced in wholly or partly in india including animation, cartoon depiction and audio-visual advertisement including digital production or any of the activities in respect of making thereof;40 45(f) "audio-visual worker" means a person, who is employed, directly or through any contractor, in or in connection with the audio-visual production to work as an artiste including actor, musician, singer, anchor, news reader or dancer or to do any work, skilled, unskilled, manual, supervisory, technical, artistic or otherwise, and his remuneration with respect to such employment in or in connection with the production of audio-visual does not exceed, where remuneration is by way of monthly wages or where such remuneration is by way of lump sum, in each case, the amount notified in this regard by the central government;50(g) "building or other construction work" means the construction, alteration, repair, maintenance or demolition in relation to buildings, streets, roads, railways,510tramways, 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, aqua-ducts, 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 of any factory or mine or any building or other construction work employing less than ten workers or any building or other construction work related to residential property not employing the workers more than such number as may be notified by the central government from time to time;15(h) "building worker" means a person who is employed to do any skilled,semi-skilled or unskilled, manual, technical or clerical work for hire or reward, whether the terms of such employment are express or implied, in connection with any building or other construction work, but does not include any such person who is employed mainly in a managerial or supervisory or administrative capacity;20(i) "cargo" includes anything carried or to be carried in a ship or othervessel, or vehicle;(j) "chief inspector-cum-facilitator" means a chief inspector-cum-facilitatorappointed under sub-section (3) of section 34;25(k) "competent authority" means any authority notified by the appropriategovernment to perform all or any of the functions of the competent authority under this code and for such areas as may be specified in the notification;30(l) "competent person", means a person or an institution recognised assuch by the chief inspector-cum-facilitator for the purposes of carrying out tests, examinations and inspections required to be done in an establishment having regard to—(i) the qualifications and experience of the person and facilitiesavailable at his disposal; or(ii) the qualifications and experience of the persons employed in suchinstitution and facilities available therein:35provided that in case of mines the competent person includes suchother person who is authorised by the manager referred to in section 64 to supervise or perform any work, or to supervise the operation of machinery, plant or equipment and is responsible for such duties assigned to him and also includes a shot firer or blaster;4045(m) "contract labour" means a worker who shall be deemed to be employedin or in connection with the work of an establishment when he is hired in or in connection with such work by or through a contractor, with or without the knowledge of the principal employer and includes inter-state migrant worker but does not include a worker (other than part time employee) who 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;50(n) "contractor", in relation to an establishment, means a person, who—(i) undertakes to produce a given result for the establishment, otherthan 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; (o) "controlled industry" means any industry the control of which has been transferred to the union by any central act in the public interest;5(p) "day" means a period of twenty-four hours beginning at mid-night; (q) "district magistrate", in relation to any mine, means the district magistrate or the deputy commissioner, as the case may be, who is vested with the executive powers of maintaining law and order in the revenue district in which the mine is situated:10provided that in case of a mine, which is situated partly in one district and partly in another, the district magistrate for the purpose shall be the district magistrate authorised in this behalf by the central government;15(r) "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—(i) work in connection with the preparation of ships or other vessels for receipt or discharge of cargoes or leaving port; and20(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;(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; (s) "employee" means,—2552 of 1961(i) in respect of an establishment, a person (other than an apprentice engaged under the apprentices act, 1961) employed on wages by an establishment to do any skilled, semi-skilled, unskilled, manual, operational, supervisory, managerial, administrative, technical or clerical work for hire or reward, whether the terms of employment be express or implied; and30(ii) a person declared to be an employee by the appropriate government, but does not include any member of the armed forces of the union:35provided that notwithstanding anything contained in this clause, in case of a mine a person is said to be "employed" in a mine who works as the manager or who works under appointment by the owner, agent or manager of the mine or with the knowledge of the manager, whether for wages or not—(a) in any mining operation (including the concomitant operations ofhandling and transport of minerals up to the point of dispatch and of gathering sand and transport thereof to the mine);40(b) in operations or services relating to the development of the mineincluding construction of plant therein but excluding construction of buildings, roads, wells and any building work not directly connected with any existing or future mining operations;(c) in operating, servicing, maintaining or repairing any part of any machinery used in or about the mine;(d) in operations, within the premises of the mine, of loading for dispatch of minerals;5(e) in any office of mine; (f) in any welfare, health, sanitary or conservancy services required tobe provided under this code relating to mine, or watch and ward, within the premises of the mine excluding residential area; or10(g) in any kind of work whatsoever which is preparatory or incidentalto, or connected with, mining operations;15(t) "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 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,—(i) in relation to an establishment which is a factory, the occupier ofthe factory;20(ii) in relation to mine, the owner of the mine or agent or managerreferred to in section 64;25(iii) in relation to any other establishment, the person who, or the authority which has ultimate control over the affairs of the establishment and where said affairs are entrusted to a manager or managing director, such manager or managing director; and(iv) contractor; and(v) legal representative of a deceased employer;(u) "establishment" means—30(i) a place where any industry, trade, business, manufacture or occupation is carried on in which ten or more workers are employed; or(ii) a factory, motor transport undertaking, newspaper establishment, audio-video production, building and other construction work or plantation, in which ten or more workers are employed; or(iii) a mine or dock work;35(v) "factory" means any premises including the precincts thereof—(i) whereon ten or more workers 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; or40(ii) whereon twenty or more workers are working, or were working onany 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,but 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 i—for computing the number of workers for the purposes of this clause all the workers in (different groups and relays) a day shall be taken into account;5explanation ii—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; (w) "family", when used in relation to a worker, means—(i) spouse,10(ii) children including adopted children of the worker who are dependent upon him and have not completed the age of eighteen years, and(iii) parents, grand-parents and widow sister, dependent upon such worker15explanation—for the purposes of this clause, such dependents shall not be included who are, for the time being, getting such income from such sources, as may be prescribed by appropriate government;20(x) "godown" means any warehouse or other place, by whatever name called, used for the storage of any article or substance required for any manufacturing process which means any process for, or incidental to, making, finishing or packing or otherwise treating any article or substance with a view to its use, sale, transport, delivery or disposal as finished products;25(y) "hazardous process" means any process or activity in relation to an industry specified in the first schedule where, unless special care is taken, raw materials used therein or the intermediate or finished products, bye-products, hazardous substances, wastes or effluents thereof would—(i) cause material impairment to the health of the persons engaged in or connected therewith, or(ii) result in the pollution of the general environment;30(z) "hazardous substance" means any substance or such quantity of the substance as may be prescribed by appropriate government or preparation of which by reason of its chemical or physio-chemical properties or handling is liable to cause physical or health hazards to human being or may cause harm to other living creatures, plants, micro-organisms, property or the environment;35(za) "industrial premises" means any place or premises (not being a private dwelling house), including the precincts thereof, in which or in any part of which any industry, trade, business, occupation or manufacturing is being ordinarily carried on with or without the aid of power and includes a godown attached thereto;40(zb) "industry" means any systematic activity carried on by co-operation between an employer and worker (whether such worker is employed by such employer directly or by or through any agency, including a contractor) for the production, supply or distribution of goods or services with a view to satisfy human wants or wishes (not being wants or wishes which are merely spiritual or religious in nature), whether or not,—45(i) any capital has been invested for the purpose of carrying on such activity; or(ii) such activity is carried on with a motive to make any gain or profit;but does not include—5(a) any activity of the government relatable to the sovereign functions of the government including all the activities carried on by the departments of the central government dealing with defence research, atomic energy and space; and(b) any domestic service; (zc) "inspector-cum-facilitator" means an inspector-cum-facilitator appointed under sub-section (1) of section 34;(zd) "inter-state migrant worker" means any person who is recruited by—10(i) an employer in one state for employment in his establishmentsituated in another state; or(ii) through a contractor in one state for employment in anestablishment in another state,15under an agreement or other arrangement for such employment and draws wages not exceeding the amount notified by the central government from time to time;20(ze) "machinery" means any article or combination of articles assembled, arranged or connected and which is used or intended to be used for converting any form of energy to performing work, or which is used or intended to be used, whether incidental thereto or not, for developing, receiving, storing, containing, confining, transforming, transmitting, transferring or controlling any form of energy;(zf) "manufacturing process" means any process for—25(i) making, altering, repairing, ornamenting, finishing, packing, oiling, washing, cleaning, breaking up, demolishing, 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; or30(iv) composing, printing, printing by letter press, lithography, offset, photogravure screen printing, 3 or 4 dimensional printing, prototyping, flexography or other types of printing process or book binding; or(v) constructing, reconstructing, repairing, refitting, finishing, orbreaking up ships or vessels; or(vi) preserving or storing any article in cold storage; or35(vii) such other processes as the central government may notify;(zg) "medical officer" means the medical officer appointed under sub-section (1) of section 42;(zh) "mine" means any excavation where any operation for the purpose of searching for or obtaining minerals has been or is being carried on and includes—40(i) all borings, bore holes, oil wells and accessory crude conditioning plants, including the pipe conveying mineral oil within the oilfields;(ii) all shafts, in or adjacent to and belonging to a mine, whether in thecourse of being sunk or not;(iii) all levels and inclined planes in the course of being driven;45(iv) all open cast workings;(v) all conveyors or aerial ropeways provided for the bringing into or removal from a mine of minerals or other articles or for the removal of refuse therefrom;5(vi) all adits, levels, planes, machinery, works, railways, tramways and sidings in or adjacent to and belonging to a mine;(vii) all protective works being carried out in or adjacent to a mine; (viii) all workshops and stores situated within the precincts of a mine and under the same management and used primarily for the purposes connected with that mine or a number of mines under the same management;10(ix) all power stations, transformer sub-stations, converter stations, rectifier stations and accumulator storage stations for supplying electricity solely or mainly for the purpose of working the mine or a number of mines under the same management;15(x) any premises for the time being used for depositing sand or other material for use in a mine or for depositing refuse from a mine or in which any operations in connection with such sand refuse or other material is being carried on, being premises exclusively occupied by the owner of the mine;20(xi) any premises in or adjacent to and belonging to a mine or which any process ancillary to the getting, dressing or preparation for sale of minerals or coke is being carried on;(xii) a mine owned by the government;25(zi) "minerals" means all substances which can be obtained from the earth by mining, digging, drilling, dredging, hydraulicing, quarrying, or by any other operation and includes mineral oils (such as natural gas and petroleum);(zj) "motor transport undertaking" means a motor transport undertaking employing motor transport worker and engaged in carrying passengers or goods or both by road for hire or reward, and includes a private carrier;30(zk) "motor transport worker" means a person who is employed in a motor transport undertaking directly or through an agency, whether for wages or not, to work in a professional capacity on a transport vehicle or to attend the duties in connection with the arrival, departure, loading or unloading of such transport vehicle and includes a driver, conductor, cleaner, station staff, line checking staff, booking clerk, cash clerk, depot clerk, time-keeper, watchman or attendant, but does not include any such person—35(i) who is employed in a factory;(ii) to whom the provisions of any law for the time being in force regulating the conditions of service of persons employed in shops or commercial establishments apply;40(zl) "newspaper" means any printed periodical work containing public news or comments on public news and includes such other class of printed periodical work as may, from time to time, be notified in this behalf by the central government;45(zm) "newspaper establishment" means an establishment under the control of any person or body of persons, whether incorporated or not, for the production or publication of one or more newspapers or for conducting any news agency or syndicate and includes the following newspaper establishments which shall be deemed to be one establishment, namely:—(a) two or more newspaper establishments under common control;(b) two or more newspaper establishments owned by an individual and his or her spouse unless it is shown that such spouse is a sole proprietor or partner or a shareholder of a corporate body on the basis of his or her own individual funds;5(c) two or more newspaper establishments publishing newspapersbearing the same or similar title and in the same language in any place in india or bearing the same or similar title but in different languages in the same state or union territory10explanation 1—for the purposes of sub-clause (a) two or more establishments shall be deemed to be under common control where—(a) (i) the newspaper establishments are owned by a common individual or individuals;(ii) the newspaper establishments are owned by firms, if suchfirms have a substantial number of common partners;15(iii) the newspaper establishments are owned by bodiescorporate, if one body corporate is a subsidiary of the other body corporate, or both are subsidiaries of a common holding company or a substantial number of their equity shares are owned by the same person or group of persons, whether incorporated or not;20(iv) one establishment is owned by a body corporate and theother is owned by a firm, if a substantial number of partners of the firm together hold a substantial number of equity shares of the body corporate;25(v) one is owned by a body corporate and the other is owned bya firm having bodies corporate as its partners if a substantial number of equity shares of such bodies corporate are owned, directly or indirectly, by the same person or group of persons, whether incorporated or not; or(b) where there is functional integrality between concerned newspaper establishments30explanation 2—for the purposes of this clause,—(i) different departments, branches and centres of newspaper establishments shall be treated as parts thereof;35(ii) a printing press shall be deemed to be a newspaperestablishment if the principal business thereof is to print newspaper(zn) "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 variation and cognate expressions shall be construed accordingly;40(zo) "occupier" of a factory means the person who has ultimate control over the affairs of the factory: provided that—(i) in the case of a firm or other association of individuals, any one of the individual partners or members thereof;45(ii) 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;5(iii) in the case of a factory owned or controlled by the central government or any 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:10provided further that in the case of a ship which is being repaired, or on which maintenance 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;15(zp) "office of the mine" means an office at the surface of the mine concerned;(zq) "open cast working" means a quarry, that is to say, an excavation where any operation for the purpose of searching for or obtaining minerals has been or is being carried on, not being a shaft or an excavation which extends below superjacent ground;20(zr) "ordinarily employed" with reference to any establishment or part thereof, means the average number of persons employed per day in the establishment or part thereof during the preceding calendar year obtained by dividing the number of man days worked by the number of working days excluding rest days and other non-working days;25 30(zs) "owner", in relation to a mine, means any person who is the immediate proprietor or lessee or occupier of the mine or of any part thereof and in case of a mine the business whereof is being carried on by a liquidator or receiver, such liquidator or receiver; but does not include a person who merely receives a royalty, rent or fine from the mine, or is merely the proprietor of the mine, subject to any lease grant or licence for the working thereof, or is merely the owner of the soil and not interested in the minerals of the mine; but any contractor or sub-lessee for the working of a mine or any part thereof shall be subject to this code in like manner as if he were an owner but not so as to exempt the former from any liability;35(zt) "plantation" means—(a) any land used or intended to be used for—(i) growing tea, coffee, rubber, cinchona or cardamom which admeasures five hectares or more;40(ii) growing any other plant, which admeasures five hectares or more and in which 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 directs45 50explanation—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; and(b) any land which the state government may, by notification, declares 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:5provided that no such declaration shall be made in respect ofsuch land which admeasures less than five hectares immediately before the commencement of this code; and10(c) offices, hospitals, dispensaries, schools and any otherpremises used for any purpose connected with any plantation within the meaning of sub-clause (a) and sub-clause (b); but does not includefactory on the premises;(zu) "prescribed" means prescribed by rules made by the appropriate government, the central government or the state government, as the case may be, under this code;15(zv) "principal employer", where the contract labour is employed or engaged, means—(i) in relation to any office or department of the government or a localauthority, the head of that office or department or such other officer as the government or the local authority, may specify in this behalf;20(ii) in a factory, the owner or occupier of the factory and where aperson has been named as the manager of the factory, the person so named;(iii) in a mine, the owner or agent of the mine;(iv) in relation to any other establishment, any person responsible forthe supervision and control of the establishment;25(zw) "producer", in relation to audio-visual production means the personby whom the arrangements necessary for producing such audio-visual (including the raising of finances and engaging audio-visual workers for producing audio-visual) are undertaken;30102 of 1956(zx) "qualified medical practitioner" means a medical practitioner who possesses any recognised medical qualification as defined in clause (i) of section 2 of the indian medical council act, 1956 and who is enrolled on a indian medical register as defined in clause (e) and on a state medical register as defined in clause (k) of the said section;35(zy) "relay" means a set of two or more persons carrying out the same kindof work during different periods of the day and each such period is called a "shift";40(zz) "sales promotion employees" means any person by whatever name called employed or engaged in any establishment for hire or reward to do any work relating to promotion of sales or business, or both, but does not include any such person who,—(i) being employed or engaged in a supervisory capacity, draws wages exceeding fifteen thousand rupees per mensem or an amount as may be notified by the central government from time to time; or45(ii) is employed or engaged mainly in a managerial or administrative capacity; (zza) "schedule" means the schedule appended to this code; (zzb) "serious bodily injury" means any injury which involves, or in all probability will involve, the permanent loss of any part or section of a body or the use of any part or section of a body, or the permanent loss of or injury to the sight or hearing or any permanent physical incapacity or the fracture of any bone or one or more joints or bones of any phalanges of hand or foot;5(zzc) "standards", "regulations", "rules", "bye-laws" and "orders"respectively means standards, regulations, rules, bye-laws and orders made under this code;(zzd) "week" means a period of seven days beginning at midnight on saturday night or such other night as may be approved in writing for a particular area by the chief inspector-cum-facilitator;10(zze) "worker" means any person employed in any industry to do any manual, unskilled, skilled, technical, operational, clerical or supervisory work for hire or reward, whether the terms of employment be express or implied, and includes working journalists and sales promotion employees, but does not include any such person—15(i) who is subject to the air force act, 1950, or the army act, 1950, or the navy act, 1957; or45 of 1950 46 of 1950 62 of 1957(ii) who is employed in the police service or as an officer or other employee of a prison; or20(iii) who is employed mainly in a managerial or administrative capacity; or(iv) who is employed in a supervisory capacity drawing wage of exceeding fifteen thousand rupees per month or an amount as may be notified by the central government from time to time;25 30(zzf) "working journalist" means a person whose principal avocation is that of a journalist and who is employed as such, either whole-time or part-time, in, or in relation to, one or more newspaper establishment, or other establishment relating to any electronic media such as newspaper or radio or like other media and includes an editor, a leader-writer, news editor, sub-editor, feature-writer, copy-tester, reporter, correspondent, cartoonist, news-photographer and proofreader, but does not include any such person who is employed mainly in a managerial, supervisory or administrative capacity; (2) for the purposes of this code, a person working or employed in or in connection with mine is said to be working or employed—(a) "above ground" if he is working in an open cast working or in any other manner not specified in clause (b); and35(b) "below ground" if he is working or employed—(i) in a shaft which has been or is in the course being sunk; or(ii) in any excavation which extends below superjacent ground chapter ii40 registration3 (1) every employer shall,—registration of certain establishments(a) in relation to an establishment to which this code applies on its commencement, within a period of sixty days from such commencement; and45(b) in relation to any other establishment to which this code may be applicable at any time after such commencement, within a period of forty-five days from the date on which this code becomes applicable to such establishment, make an application to the registering officer appointed by the appropriate government (hereinafter referred to as the registering officer) for the registration of such establishment:5provided that the registering officer may entertain any such application forregistration after the expiry of such period on payment of such late fees as may be prescribed by the appropriate government(2) every application under sub-section (1) shall be submitted to the registering officer in such manner, in such form, contain such particulars and shall be accompanied by such fees as may be prescribed by the appropriate government10(3) after the receipt of an application under sub-section (1), the registering officershall register the establishment and issue a certificate of registration to the employer thereof in such form and within such time and subject to such conditions as may be prescribed by the central government:15provided that if the registering officer fails to register an application so made or entertained within the prescribed period, then, such establishment shall be deemed to have been registered under this sub-section immediately on the expiration of such period20(4) any change in the ownership or management or in any particulars referred to in sub-section (2) which occurs after the registration of an establishment under this code, shall be intimated by the employer to the registering officer within thirty days of such change in such form as may be prescribed by the central government(5) the employer of an establishment shall, within thirty days of the closing of establishment—(a) inform the closing of such establishment; and25(b) certify payment of all dues to the workers employed in suchestablishment,30to the registering officer in such manner as may be prescribed by the central government and the registering officer shall, on receiving such information and certificates remove such establishment from the register of establishments maintained by him and cancel the registration certificate within thirty days(6) if an employer of an establishment—(a) violates any provision of this code applicable to such establishment; or (b) has misrepresented or misrepresents any fact relating to registration tothe registering officer,35the registering officer may after providing employer an opportunity of being heard, revoke the registration of the establishment(7) no employer of an establishment—(a) who has not registered the establishment under this section; or40(b) the registration of such establishment has been cancelled undersub-section (5) or revoked under sub-section (6) and no appeal has been preferred against such cancellation or revocation under section 4 or where such appeal has been preferred, such appeal has been dismissed,shall employ any employee in the establishmentappeal454 (1) any person aggrieved by an order made under section 3 may, within thirty days from the date on which the order is communicated to him, prefer an appeal to an appellate officer who shall be a person notified in this behalf by the appropriate government: provided that the appellate officer may entertain the appeal after the expiry of the said period of thirty days, if he is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time5(2) on receipt of an appeal under sub-section (1), the appellate officer shall, after giving the appellant an opportunity of being heard, dispose of the appeal within a period of thirty days from the date of receipt of such appeal10notice by employer of commencement and cessation of operation5 (1) no employer of an establishment being factory or mine or relating to contract labour or building or construction work shall use such establishment to commence the operation of any industry, trade, business, manufacture or occupation thereon without sending notice of such purpose in such form and manner and to such authority and within such time as may be prescribed by the appropriate government and shall also intimate the cessation of such operation in the prescribed manner to the said authority(2) the appropriate government shall provide electronic receipt of notice or intimation referred to in sub-section (1)15 duties of employer and employees, etc 6 (1) every employer shall,—duties of employer(a) ensure that workplace is free from hazards which cause or are likely to cause injury or occupational disease to the employees;20(b) comply with the occupational safety and health standards made under this code and of the regulations, rules, bye-laws and orders made thereunder;(c) provide such annual health examination or test free of costs to such employees of such age or such class of employees or establishments or such class of establishments, as may be prescribed by the appropriate government;25(d) provide and maintain, as far as is reasonably practicable, a working environment that is safe and without risk to the health of the employees;(e) ensure the disposal of hazardous and toxic waste including disposal of e-waste;30(f) issue a letter of appointment to every employee on his appointment in the establishment, with such information as may be prescribed by the appropriate government and where an employee has not been issued such appointment letter on or before the commencement of this code, he shall, within three months of such commencement, be issued such appointment letter;35(g) ensure that no charge is levied on any employee, in respect of anything done or provided for maintenance of safety and health at workplace including conduct of medical examination and investigation for the purpose of detecting occupational diseases;40(h) ensure and be responsible for the safety and health of persons who are in the work premises of the factory, mine, dock work, building or other construction work or plantation, with or without the knowledge of such employer, as the case may be (2) without prejudice to the generality of the provisions of sub-section (1), the duties of an employer shall particularly in respect of factory, mines, dock, building and other construction work or plantation include—45(a) the provision and maintenance of plant and systems of work in theworkplace that are safe and without risk to health;(b) the arrangements in the workplace for ensuring safety and absence ofrisk to health in connection with the use, handling, storage and transport of articles and substances;(c) the provision of such information, instruction, training and supervisionas are necessary to ensure the health and safety of all employees at work;5(d) the maintenance of all places of work in the workplace in a condition thatis safe and without risk to health and the provision and maintenance of such means of access to, and egress from, such places as are safe and without such risk;10(e) the provision, maintenance or monitoring of such working environmentin the workplace for the employees that is safe, without risk to health as regards facilities and arrangements for their welfare at work157 (1) the owner and agent of every mine shall jointly and severally be responsiblefor making financial and other provisions and for taking such other steps as may be necessary for compliance with the provisions of this code and the regulations, rules, bye-laws and orders made thereunderduties and responsibilities of owner, agent and manager in relation to mine20(2) in the event of any contravention by any person whosoever of any of the provisions of this code or of the rules, regulations, bye-laws or orders made thereunder, relating to mine, except those which specifically require any person to do any act or thing or prohibit any person from doing an act or thing, besides the person who contravenes, then, each of the following persons shall also be deemed to be guilty of such contravention unless he proves that he had used due diligence to secure compliance with the provisions and had taken reasonable means to prevent such contravention, namely:—25(a) the official or officials appointed to perform duties of supervision inrespect of the provisions contravened;(b) the manager of the mine; (c) the owner and agent of the mine; (d) the person appointed, if any, to carry out the responsibility undersection 2430(3) it shall not be a defence in any proceedings brought against the owner or agent of a mine under this section that the manager and other officials have been appointed in accordance with the provisions of this code or that a person to carry the responsibility under section 24 has been appointed358 (1) every person who designs, manufactures, imports or supplies any articlefor use in any establishment shall—duties of manufacturers, designer, importers or suppliers(a) ensure so far as is reasonably practicable, that the article is so designedand constructed in the establishment as to be safe and without risk to the health of the workers when properly used;40(b) carry out or arrange for the carrying out of such tests and examination inthe establishment as may be considered necessary for the effective implementation of the provisions of clause (a);(c) take out steps as may be necessary to ensure that adequate informationwill be available—45(i) in connection with the use of the article in any establishment;(ii) about the use for which such article is designed and tested; and(iii) about any conditions necessary to ensure that the article, when put to such use, shall be safe, and without risk to the health of the workers:provided that where an article is designed or manufactured outside india, then it shall be obligatory on the part of the importer to see—5(a) that the article conforms to the same standards of such article manufactured in india; or(b) that, if the standards adopted in the country outside india for the manufacture of such article is above the standards adopted in india, then the article conforms to such standards in such country; or10(c) that, if there is no standard of such article in india, then, the article conforms to the standard adopted in the country from where it is imported at its national level15(2) the designer, manufacturer, importer or supplier shall also comply with such duties as the central government may, in consultation with the national occupational safety and health advisory board, by regulations specify20(3) every person, who undertakes to design or manufacture any article and substance for use in any factory, may carry out or arrange for the carrying out of necessary research with a view to the discovery and, so far as is reasonably, practicable, the elimination or minimisation of any risks to the health or safety of the workers to which the design or manufacture of article and substance may give rise to such risk(4) nothing contained in sub-sections (1) and (2) shall be construed to require a person to repeat the testing, examination or research which has been carried out otherwise than by him or at his instance in so far as it is reasonable for him to rely on the results thereof for the purposes of the said sub-sections25(5) any duty imposed on any person by sub-sections (1) and (2) shall extend only to things done in the course of business carried on by him and to matters within his control(6) every person,—30(a) who erects or instal any article for use in a factory, shall ensure, so far as practicable, that such article so erected or installed does not make it unsafe or a risk to health when that article is used by the persons in such factory;(b) who manufactures, imports or supplies any substance for use in any factory shall—35(i) ensure, so far as practicable, that such substance is safe and has no risks involved to health of persons working in such factory;(ii) carry out or arrange for carrying out of such tests and examination in relation to such substance as may be necessary;40(iii) take such steps as are necessary to secure that the information about the results of tests carried out in connection with the use of the substance as referred to in sub-clause (ii) is available in a factory along with conditions necessary to ensure its safe use and no risks to health;45 (c) undertake the manufacture of any substance for use in any factory to carry out or arrange for the carrying out of any necessary research with a view to discover and, so far as practicable, to ensure the elimination or minimisation of any risks to health or safety to which the substance may give rise out of such manufacture or research;(7) for the purposes of this section, an article and substance is not to be regarded as properly used, if they are used without regard to any information or advice relating to their use which has been made available by the person who has designed, manufactured, imported or supplied the article and substance5explanation—for the purpose of this section—(a) "article" shall include plant and machinery;(b) "substance" means any natural or artificial substance whether in a solidor liquid form or in the form of a gas or vapour; and10 (c) "substance for use in any factory" means any substance whether or notintended for use by persons working in a factoryduties of architects, project engineers and designers159 (1) it shall be the duty of the architect, project engineer or designer responsible for any building or other construction work or the design of any project or part thereof relating to such building or other construction work to ensure that, at the planning stage, due consideration is given to the safety and health aspects of the building workers and employees who are employed in the erection, operation and execution of such projects and structures, as the case may be20(2) adequate care shall be taken by the architect, project engineer and other professionals involved in the project referred to in sub-section (1), not to include anything in the design which would involve the use of dangerous structures or other processes or materials, hazardous to health or safety of building workers and employees during the course of erection, operation and execution, as the case may be(3) it shall also be the duty of the professionals, involved in designing the buildings structures or other construction projects, to take into account the safety aspects associated with the maintenance and upkeep of the structures and buildings where maintenance and upkeep may involve special hazards25notice of certain accident10 (1) where at any place in an establishment, an accident occurs which causes death, or which causes any bodily injury by reason of which the person injured is prevented from working for a period of forty-eight hours or more immediately following the accident or which is of such nature as may be prescribed by the appropriate government, then,—30(a) employer or owner or agent or manager referred to in section 64 of suchestablishment if it is mine; or(b) employer or manager in relation to such establishment if it is factory orrelates to dock work; or35(c) the employer of such establishment if it is plantation, building or otherconstruction work or in relation to any other establishment,shall send notice thereof to such authorities, in such manner and within such time, as may be prescribed by the appropriate government40(2) where a notice given under sub-section (1) relates to an accident causing death in an establishment, the authority to whom the notice is sent shall make an inquiry into the occurrence within two months of the receipt of the notice or if there is no such authority, the chief inspector-cum-facilitator shall cause the inspector-cum-facilitator to make an inquiry within the said period45notice of certain dangerous occurrences11 where in an establishment there is any dangerous occurrence of such nature,(whether causing any bodily injury or disability, or not) the employer shall send notice thereof to such authorities, and in such form and within such time, as may be prescribed by the appropriate governmentnotice of certain diseases12 (1) where any worker in an establishment contracts any disease specified in thethird schedule, the employer of the establishment shall send notice thereof to such authorities, and in such form and within such time, as may be prescribed by the appropriate government5(2) if any qualified medical practitioner attends on a person, who is or has beenemployed in an establishment, and who is, or is believed by the qualified medical practitioner, to be suffering from any disease specified in the third schedule, the medical practitioner shall without delay send a report in writing to the office of the chief inspector-cum-facilitator in such form and manner and within such time as may be prescribed by the appropriate government10(3) if any qualified medical practitioner fails to comply with the provisions of sub-section (2), he shall be punishable with fine which may extend to ten thousand rupees13 every employee at work place shall—duties of employees15(a) take reasonable care for the health and safety of himself and of other personswho may be affected by his acts or omissions at the workplace;(b) comply with the safety and health requirements specified in the standards; (c) co-operate with the employer in meeting the statutory obligations of theemployer under the code;20(d) report any situation which is unsafe or unhealthy, that comes to his attention,as soon as practicable, to his employer or to the health and safety representative and in case of mine to the owner or agent or manager referred to in section 64, safety officers or an official for his workplace or section thereof, as the case may be, who shall report it to the employer;25(e) not wilfully interfere with, or misuse, or neglect any appliance, convenienceor other thing provided at workplace for the purpose of securing the health, safety and welfare of workers;(f) not do, wilfully and without reasonable cause, anything, likely to endangerhimself or others; and30(g) perform such other duties as may be prescribed by the appropriategovernmentrights of employee3514 (1) every employee in an establishment shall have the right to obtain the informationfrom the employer relating to employee's health and safety at work and represent to the employer directly or through a member of the safety committee, if constituted by the employer for such purpose, regarding inadequate provision for protection of his safety or health in connection with the work activity in the workplace, and if not satisfied, to the inspectorcum-facilitator40(2) where the employee referred to in sub-section (1) in any workplace have reasonable apprehension that there is a likelihood of imminent serious bodily injury or death or imminent danger to health, they may bring the same to the notice of their employer directly or through a member of the safety committee referred to in sub-section (1) and simultaneously bring the same to the notice of the inspector-cum-facilitator(3) the employer or any employee referred to in sub-section (1) shall take immediate remedial action if he is satisfied about the existence of such imminent danger and send a report forthwith of the action taken to the inspector-cum-facilitator45(4) if the employer referred to in sub-section (3) is not satisfied about the existence of any imminent danger as apprehended by his employees, he shall, nevertheless, refer the matter forthwith to the inspector-cum-facilitator whose decision on the question of the existence of such imminent danger shall be final15 no person shall intentionally or recklessly interfere with, damage or misuse anything which is provided in the interest of health, safety or welfare under this codeduty not to interfere with or misuse things chapter iv occupational safety and health516 (1) the central government shall, by notification, constitute the national occupational safety and health advisory board (hereinafter in this code referred to as the national board) to discharge the functions conferred on it by or under this code and to advise to the central government on the matters relating to—national occupational safety and health advisory board(a) standards, rules and regulations to be framed under this code;10(b) implementation of the provisions of this code and the rules and regulations relating thereto;(c) the issues of policy and programme relating to occupational safety and health referred to it, from time to time, by the central government; and15(d) any other matter relating to this code referred to, from time to time, by the central government (2) the national board shall consist of—(a) secretary, ministry of labour and employment—chairperson (ex officio); (b) director general, factory advice service and labour institutes, mumbai—member (ex officio);20(c) director general, mines safety, dhanbad—member (ex officio);(d) chief controller of explosives, nagpur—member (ex officio); (e) chairman, central pollution control board, new delhi—member (ex officio); (f) chief labour commissioner (central), new delhi—member (ex officio);25(g) principal secretaries dealing with labour matters of 4 states (by rotation as the central government may deem fit)—member (ex officio);(h) director general, employee state insurance corporation, new delhi—member(ex officio);(i) director general, health services, new delhi—member (ex officio); (j) five representatives of employers—member (ex officio);30(k) five representatives of employees—member (ex officio); (l) five eminent persons connected with the field of occupational safety and health, or representatives from reputed research institutions or similar other discipline —member:35(m) joint secretary, ministry of labour and employment—member secretary(ex officio) (3) the terms of office of the members referred to in clause (g), (j), (k) and (l) of sub-section (2) shall be of three years and the procedure to be followed in their appointment, the discharge of their functions by the national board shall be such as may be prescribed by the central government40(4) the central government may, in consultation with the board, determine the number,nature and categories of other officers and employees required to assist the board in the efficient discharge of its functions and terms and conditions of service of such officers and employees of the board shall be such as may be prescribed by the central government(5) the central government may constitute as many technical committees or advisory committees consisting of such number of members having such qualifications as may be prescribed by the central government, to assist the national board in discharge of its function specified in sub-section (1)517 (1) the state government shall constitute a board to be called the state occupational safety and health advisory board (hereinafter referred to as "state advisory board") to advise the state government on such matters arising out of the administration of this code as may be referred to it by the state governmentstate occupational safety and health advisory board10(2) the constitution, procedure and other matters relating to such advisory board shall be such as may be prescribed by the state government15(3) the state government may constitute as many technical committees or advisory committees of such advisory board including site appraisal committees, consisting of such number of members and having such qualifications as may be prescribed, to assist the state government or state advisory board in discharge of their functions relating to the area falling within their respective jurisdictions18 (1) the central government shall declare, by notification, standards on occupational safety and health for work places relating to factories, mines, dock work, building and other construction work and other establishmentsoccupational safety and health standards20(2) in particular and without prejudice to the generality of the power to declare standards to be followed under sub-section (1), such standards shall relate to—(a) physical, chemical, biological and any other hazards to be dealt with for the period of working life of employee to ensure to the extent feasible on the basis of the best available evidence or functional capacity, that no employee will suffer material impairment of health or functional capacity even if such employee has regular exposure to such hazards;25(b) the norms—(i) appraising the hazards to employees and users to which they are exposed;30(ii) relating to relevant symptoms and appropriate energy treatment and proper conditions and precautions of safe use or exposure;(iii) for monitoring and measuring exposure of employees to hazards; (iv) for medical examination and other tests which shall be made available, by the employer or at his cost, to the employees exposed to hazards; and35(v) for hazard evaluation procedures like safety audit, hazard and operability study, fault-free analysis, event-free analysis and such other requirements; (c) the medical examination including criteria for detection and reporting of occupational diseases to be extended to the employees even after he ceases to be in employment, if he is suffering from an occupational disease which arises out of or in the course of employment;40(d) such aspects of occupational safety and health relating to work places which the central government considers necessary on the report of the authority designated by such government for such purpose;45(e) such safety and health measures as may be required having regard to the specific conditions prevailing at the workplaces relating to mine, factory, building and other construction work, beedi and cigar, dock work or any other establishment notified; and(f) matters specified in the second schedule(3) notwithstanding anything contained in section 123, the central government may, on the basis of the recommendation of the national board and after notifying its intention so to do for not less than forty-five days', by notification, amend the second schedule to this code5(4) the state government may, with the prior approval of the central government, bynotification amend the standards made under sub-sections (1) and (2) for the establishment for which it is the appropriate government situated in the stateresearch related activities1019 it shall be the duty of such institutions in the field of occupational safety andhealth as the central government may notify to conduct research, experiments and demonstrations relating to occupational safety and health and thereafter submit their recommendations to the appropriate government20 (1) at any time during the normal working hours of an establishment or at any other time,—safety and occupational health surveys(a) the chief inspector-cum-facilitator in the case of factory or mine; or15(b) the director general of factory advice service and labour institute in thecase of factory; or(c) the director general of mines safety in the case of mine; or (d) the director general of health services in the case of factory or mine; or(e) such other officer as may be authorised by the appropriate government in the case of any other establishment or class of establishment,20as he may deem necessary, after giving notice in writing to the employer, conduct survey of the factory or mine or such other establishment or class of establishments and such employer shall afford all facilities for such survey, including facilities for the examination and testing of plant and machinery and collection of samples and other data relevant to the survey25explanation—for the purposes of this sub-section, the expression "employer"includes manager for the factory or in the case of any other establishment or class of establishments such person who is for the time being responsible for the safety and the occupational health of such other establishment or class of establishments, as the case may be30(2) for the purpose of facilitating surveys under sub-section (1) every worker shall, ifso required by the person conducting the survey, present himself to undergo such medical examination as may be considered necessary by such person and furnish all information in his possession which is relevant to the survey35(3) any time spent by a worker for undergoing medical examination or furnishinginformation under sub-section (2) shall, for the purpose of calculating wages and extrawages for overtime work, be deemed to be working hour for himexplanation—for the purposes of this section, the report submitted to the appropriate government by the person conducting the survey under sub-section (1) shall be deemed to be a report submitted by an inspector-cum-facilitator under this code40statistics21 for the purposes of this code, the central government and the state governmentshall develop and maintain an effective programme of collection, compilation and analysis of occupational safety and health statistics and for that purpose appropriate government may promote, encourage or directly engage in programme of studies, information and communication concerning occupational safety and health statistics45safety committee and safety officers22 (1) the appropriate government may, by general or special order, require anyestablishment or class of establishments to constitute in the prescribed manner a safety committee consisting of representatives of employers and workers engaged in such establishment in such manner that the number of representatives of workers on the committeeshall not be less than the number of representatives of the employer and the representatives of the workers shall be chosen in such manner and for such purpose as may be prescribed by appropriate government(2) in every establishment relating to,—5(a) factory and building and other construction work wherein five hundred workers or more; or(b) mine wherein one hundred workers or more, are ordinarily employed, the employer shall also appoint such number of safety officers, who shall possess such qualifications and perform such duties, as may be prescribed by appropriate government10 chapter v health and working conditions23 (1) the employer shall be responsible to maintain in his establishment such health and working conditions for the employees as may be prescribed by the central government15(2) without prejudice to the generality of the power conferred under sub-section (1), the central government may prescribe for providing all or any of the following matters in the establishment or class of establishments, namely:—responsibility of employer for maintaining health and working conditions(i) cleanliness and hygiene; (ii) ventilation, temperature and humidity; (iii) environment free from dust, noxious gas, fumes and other impurities;20(iv) adequate standard of humidification, artificially increasing the humidity ofthe air, ventilation and cooling of the air in work rooms;(v) potable drinking water; (vi) adequate standards to prevent overcrowding and to provide sufficient space to employees or persons, as the case may be, employed therein;25(vii) adequate lighting; (viii) sufficient arrangement for latrine and urinal accommodation to male, female and transgender separately for employees maintaining hygiene therein;(ix) effective arrangements for treatment of wastes and effluents; and (x) any other arrangement which the central government considers appropriate30 chapter vi welfare provisions24 (1) the employer shall be responsible to provide and maintain in his establishment such welfare facilities for the workers as may be prescribed by the central government, including,—welfare facilities in the establishment, etc35(i) adequate and suitable facilities for washing to workers for male and femaleseparately;(ii) bathing places and locker rooms for male, female and transgender employeesseparately;40(iii) place of keeping clothing not worn during working hours and for the dryingof wet clothing;(iv) sitting arrangements for all workers obliged to work in a standing position;(v) adequate standard of canteen or workers thereof in an establishment employing one hundred or more workers including contract labour ordinarily employed;and in case of mines, medical examination of the workers employed or to be employed in the mines, before their employment and at a specific intervals;(vi) adequate first-aid boxes or cupboards with contents readily accessible duringall working hours; and5(vii) any other welfare measures which the central government considers, underthe set of circumstances, as required for decent life of the workers(2) without prejudice to the generality of the powers referred to under sub-section (1), the central government may also prescribe for the following matters, namely:—10(i) ambulance room in every factory, mine and other construction work whereinmore than five hundred workers are ordinarily employed;(ii) medical facilities at the operating centres and halting stations, uniforms,raincoats and other like amenities for protection from rain or cold for motor transport workers;15(iii) adequate, suitable and separate shelters or rest-rooms for male, female andtransgender workers and lunch-room in every factory and mine wherein more than fifty workers are ordinarily employed and in motor transport undertaking wherein worker is required to halt at night;(iv) the appointment of welfare officer in every factory, mine or plantation whereintwo hundred and fifty or more workers are ordinarily employed and the qualification, conditions of service and duties of such welfare officer;20(v) to provide temporary living accommodation, free of charges and within the work site or as near to it as may be possible by the employer to all building workers employed by him and for causing removal or demolition of such temporary living accommodation and for returning by the employer the possession of any land obtained by him for such purpose from municipal board or any other local authority;25(vi) payment by the principal employer, the expenses incurred on providing theaccommodation to the contractor, where the building and other construction work is done through the contractor;(vii) any other matter which may be prescribed30(3) the central government may make rules to provide for the facility of creche having suitable room or rooms for the use of children under the age of six years of the employees at suitable location and distance either separately or along with common facilities in establishments wherein more than fifty workers are ordinarily employed35(4) every employer of plantation shall be responsible, subject to the provision of sub-sections (1) to (3), to provide and maintain welfare facilities through his own resources relating to drinking water, housing, medical, education and toilet to the workers in the plantation or through schemes for such purpose sponsored by the central government or state government, municipality or panchayat for the locality in which the plantation is situatedexplanation—for the purposes of this sub-section,—40(i) the expression "municipality" has the same meaning as assigned to it under clause (e) of article 243p; and(ii) the expression "panchayat" has the same meaning as assigned to it under clause (d) of article 243 chapter vii hours of work and annual leave with wages25 (1) no worker shall be required or allowed to work, in any establishment or class of establishments for more than—weekly and daily working hours, leave, etc5(a) such period as may be notified by the appropriate government; (b) such hours in a day as may be notified by the appropriate governmentsubject to the period specified in clause (a); and(c) the periods of work in each day shall be so fixed as not to exceed such hours,with such intervals within such period, as may be notified by the appropriate government:10provided that the period of work of a worker shall be so arranged, as not to spread over more than such hours as may be notified by the appropriate government in any day inclusive of intervals for rest under this sub-section:provided further that in the case of mines,—15(i) the persons employed below ground in a mine shall not be allowed to work for more than such hours as may be notified by the appropriate government in any day;20(ii) no work shall be carried on below ground in any mine except by a system of shifts so arranged that the period of work for each shift is not spread over more than the daily maximum hours as notified under clause (i);(iii) no person employed in a mine shall be allowed to be present in any part of a mine below ground except during the periods of work shown in respect of him in the register maintained under sub-section (1) of section 33:provided also that the hours of work in case of motor transport worker shall include—25(i) the time spent in work done during the running time of the transport vehicle;(ii) the time spent in subsidiary work; and30(iii) periods of mere attendance at terminals of less than fifteen minutesexplanation—for the purposes of this sub-section—35 40(a) "running time" in relation to a working day means the time from the moment a transport vehicle starts functioning at the beginning of the working day until the moment when the transport vehicle ceases to function at the end of the working day, excluding any time during which the running of the transport vehicle is interrupted for a period exceeding such duration as may be prescribed by the central government during which period the persons who drive, or perform any other work in connection with the transport vehicle are free to dispose of their time as they please or are engaged in subsidiary work;(b) "subsidiary work" means the work in connection with a transport vehicle, its passengers or its load which is done outside the running time of the transport vehicle, including in particular—(i) the work in connection with accounts, the paying of cash, the signing of registers, the handing over of service sheets, the checking of tickets and other similar work;(ii) taking over and garaging of the transport vehicles;(iii) travelling from the place where a person signs onto the place where he takes over the transport vehicle and from the place where he leaves the transport vehicle to the place where he signs off;5(iv) work in connection with the upkeep and repair ofthe transport vehicle; and(v) the loading and unloading of the transport vehicle;10(c) "period of mere attendance" means the period during whicha person remains at his post solely in order to reply to possible calls or to resume action at the time fixed in the duty schedule(2) notwithstanding anything contained in sub-section (1), the hours of work for working journalist shall, subject to a maximum of one hundred and forty-four hours of work during any period of four consecutive weeks and a period of not less than twenty-four consecutive hours of rest during any period of seven consecutive days, be such as may be prescribed by the central government15(3) notwithstanding anything contained in sub-sections (1) and (2), a sales promotion employee, —(i) in addition to such holidays, casual leave or other kinds of leave as may be prescribed by the central government, shall be granted, if requested for—20(a) earned leave on full wages for not less than one-eleventh of the periodspent on duty;(b) leave on medical certificate on one-half of the wages for not less thanone-eighteenth of the period of service;25(ii) may accumulate earned leave upto such maximum limit as may be prescribed by the central government;(iii) may limit up to which the earned leave may be availed of at a time by him and the reasons for which such limit may be exceeded, shall be such as may be prescribed by the central government;(iv) shall,—30(a) when he voluntarily relinquishes his post or retires from service; or (b) when his services are terminated for any reason whatsoever (not beingtermination as punishment),35be entitled to cash compensation, subject to such conditions and restrictions as may be prescribed by the central government (including conditions by way of specifying the maximum period for which such cash compensation shall be payable), in respect of the earned leave earned by him and not availed of;(v) dies while in service, his heirs shall be entitled to cash compensation for the earned leave earned by him and not availed of;40(vi) or his heirs shall be paid the cash compensation in respect of any period ofearned leave for which he or his heirs, is or are entitled to cash compensation under clause (iv) or clause (v), as the case may be, shall be an amount equal to the wages dueto such sales promotion employee for such period(4) notwithstanding anything contained in this section the working hours of an adolescent workers shall be regulated in accordance with the provisions of the child and adolescent labour (prohibition and regulation) act, 198626 (1) no worker shall be allowed to work in an establishment for more than six days in a week:weekly and compensatory holidays5provided that in any motor transport undertaking, an employer may, in order to prevent any dislocation of a motor transport service, require a worker to work on any day of rest which is not a holiday so arranged that the worker does not work for more than ten days consecutively without a holiday for a whole day intervening(2) the appropriate government may, by notification, exempt such workers as it thinks fit from the provisions of sub-section (1), subject to such conditions as may be prescribed10(3) where, as a result of the passing of an order or the making of a rule under the provisions of this code exempting an establishment or the workers therein from the provisions of sub-section (2), a worker is deprived of any of the weekly holidays, the worker shall be allowed, within the month in which the holidays were due or within the two months immediately following that month, compensatory holidays of equal number to the holidays so deprivedextra wages for overtime1527 there shall be paid wages at the rate of twice the rate of wages in respect ofovertime work, where a worker works in an establishment or class of establishments for more than such hours of work in any day or in any week as prescribed by the appropriate government and the period of overtime work shall be calculated on a daily basis or weekly basis, whichever is more favourable to such worker:provided that no worker shall be required to work overtime by the employer withoutthe prior consent of the worker in writing for such work20night shifts28 where a worker in an establishment works on a shift which extends beyondmidnight,—(a) for the purposes of section 26, a holiday for a whole day shall mean in hiscase a period of twenty-four consecutive hours beginning when his shift ends;25(b) the following day for him shall be deemed to be the period of twenty-fourhours beginning when such shift ends, and the hours he has worked after midnight shall be counted in the previous day3029 (1) the work shall not be carried on in any establishment by means of a system of shifts so arranged that more than one relay of workers is engaged in work of the same kind at the same timeprohibition of overlapping shifts35(2) the appropriate government or subject to the control of the appropriate government, the chief inspector-cum-facilitator, may, by written order and for the reasons specified therein, exempt on such conditions as may be deemed expedient, any establishment or class of establishments or any department or section of an establishment or any category or description of workers therein from the provisions of sub-section (1):provided that the provisions of this sub-section shall not apply to mines 30 no worker shall be required or allowed to work in a mine or factory if he has already been working in any other such similar establishment within the preceding twelve hours, save in such circumstances as may be prescribed by the appropriate governmentrestriction on double employment in factory and mine40notice of periods of work31 (1) there shall be displayed and correctly maintained in every establishment a notice of periods of work, showing clearly for every day the periods during which workers may be required to work in accordance with the provisions of this code45(2) the form of notice required by sub-section (1), the manner of display of such notice and the manner in which such notice shall be sent to the inspector-cum-facilitator shall be such as may be prescribed by the appropriate government(3) any proposed change in the system of work in any establishment which will necessitate a change in the notice referred to in sub-section (1) shall be intimated to the inspector-cum-facilitator before the change is made, and except with the previous sanction of the inspector-cum-facilitator, no such change shall be made until one week has elapsed since that last change32 (1) every worker employed in an establishment shall be entitled for leave with wages subject to the following conditions, namely:—annual leave with wages, etc5(i) that he has worked one hundred and eighty days or more in such calendar year;10(ii) that he shall be entitled for one day leave for every twenty days of his work, and in the case of adolescent worker for fifteen days of his work, in case of worker employed below ground mine, at the rate of one day for every fifteen days of his work, in such calendar year;(iii) any period of layoff, maternity leave or annual leave availed by such person in such calendar year shall be counted for calculating the period of ninety days or more under clause (i), but he shall not earn leave for the period so counted;15(iv) any holidays falling between the leave availed by such person in a calendar year or prefixed or suffixed holiday shall be excluded from the period of leave so availed;20(v) in case of such worker whose service commences otherwise than on the first day of january shall be entitled to leave with wages at the rate specified in clause (ii), if he has worked for one-fourth of the total number of days in the remainder of the calendar year;25(vi) in case such worker is discharged or dismissed from service or quits employment or is superannuated or dies while in service, during the course of the calendar year, such worker or his heir or nominee, shall be entitled to wages in lieu of the quantum of leave to which such worker was entitled immediately before his discharge, dismissal, quitting of employment, superannuation or death, calculated as specified in preceding clause, even if such worker has not worked for the required period under this sub-section making such worker eligible to avail such leave, and such payment shall be made—30(a) where such worker is discharged or dismissed or quits employment before the expiry of the second working day from the date of such discharge, dismissal or quitting; and(b) where such worker is superannuated or dies while in service, before the expiry of two months from the date of such superannuation or death;35(vii) if such worker does not in any one calendar year take the whole of the leave allowed to him under this sub-section and the rules made thereunder, then, any leave not taken by him shall be added to the leave to be allowed to him in the succeeding calendar year so that—40(a) the total number of days of leave that may be carried forward to a succeeding year shall not exceed thirty days; and(b) such worker, who has applied for leave with wages but has not been given such leave in accordance with this sub-section and the rules made thereunder shall be entitled to carry forward the leave refused without any limit45(viii) without prejudice to clause (vi) such worker shall be entitled on his demand for encashment of leave at the end of calendar year;(ix) such worker shall be entitled, where his total number of leave exceeds thirty days under sub-clause (a) of clause (vii), to encash such exceeded leave(2) the appropriate government may, by notification, extend the provisions of sub-section (1) to any other establishment except railway establishment5(3) the provisions of this sub-section (1) shall not operate to the prejudice of any right to which a person employed in a mine may be entitled under any other law or under the terms of any award, agreement or contract of service:10provided that if such award, agreement or contract of service, provides for longer annual leave with wages than that provided in sub-section (1), the quantum of leave, which the person employed shall be entitled to, shall be in accordance with such award, agreement or contract of service but leave shall be regulated in accordance with the provisions of sub-section (1) with respect of matters not provided for in such award, agreement or contract of service:15provided further that where the central government is satisfied that the leave rules applicable to persons employed in any mine provide benefits which in its opinion are not less favourable than those provided for in sub-section (1) it may, by order in writing and subject to such conditions as may be specified therein exempt the mine from all or any of the provisions of sub-section (1) chapter viii maintenance of registers, records and returns33 an employer of an establishment shall—20maintenance of registers and records and filing of returns(a) maintain register in prescribed form, electronically or otherwise, containing such particulars of workers as may be prescribed by the appropriate government including,—(i) work performed by them; (ii) number of hours of work constituting normal working hours in a day;25(iii) day of rest allowed in every period of seven days; (iv) wage paid and receipts given therefor; (v) leave, leave wages, overtime work, attendance and dangerous occurrences; and(vi) employment of adolescent;30(b) display notices at the workplace of the workers in the manner and form as may be prescribed by the appropriate government;(c) issue wage slips to the workers, in electronic forms or otherwise; and35(d) file such return electronically or otherwise to the inspector-cum-facilitator in such manner and during such periods as may be prescribed by the appropriate government chapter ix inspector-cum-facilitators and other authority40appointment of inspectorcum- facilitators34 (1) the appropriate government may, by notification, appoint inspector-cum-facilitators for the purposes of this code who shall exercise the powers conferred on them under this code throughout the state or such geographical limits assigned in relation to one or more establishments situated in such state or geographical limits or in one or more establishments, irrespective of geographical limits, assigned to him by the appropriate government, as the case may be45(2) the inspector-cum-facilitators appointed under sub-section (1) shall, apart from other duties to be discharged by them under this code, conduct such inspections including web based inspection in such manner as may be prescribed by the appropriate government5(3) the appropriate government may, by notification, appoint any person or persons possessing the prescribed qualifications and experience to be chief inspector-cum-facilitator for the purposes of such establishments or class of establishments and for such local limits of jurisdiction as may be specified in the notification and the chief inspector-cum-facilitator may within the local limits of his jurisdiction exercise the powers of the inspector-cum- facilitator:provided that a chief inspector-cum-facilitator may be appointed for the purposes of a state or more than one states or for the purposes of the whole of the country10(4) the appropriate government may, by notification, appoint for the purposes of such establishments, as many additional chief inspector-cum-facilitators, joint chief inspector-cum-facilitators and deputy chief inspector-cum-facilitators or any other officer of any designation as it thinks appropriate, to exercise such powers of the chief inspectorcum-facilitator within his jurisdiction as may be specified in the notification15(5) every additional chief inspector-cum-facilitator, joint chief inspector-cum-facilitator, deputy chief inspector-cum-facilitator and every other officer appointed under sub-section (4) shall, in addition to the powers of a chief inspector-cum-facilitator specified in the notification by which the officer is appointed, exercise the powers of an inspectorcum-facilitator within such local limits as may be specified in the notification20(6) no person shall be appointed under sub-section (1), sub-section (3), sub-section (4)or sub-section (7), or having been so appointed, shall continue to hold office, who is, or who becomes, directly or indirectly interested in a workplace or work activity or in any process or business carried on in any workplace or in any plant or machinery connected therewith25(7) the appropriate government may also, by notification, appoint such public officers as it thinks fit to be additional inspector-cum-facilitators for exercising the powers and discharging the duties of inspector-cum-facilitator for all or any of the purposes of this code within such local limits as may be specified in such notification30(8) without prejudice to the other functions of the inspector-cum-facilitator under this code, an inspector-cum-facilitator may in respect of any establishment or class of establishments in local area or areas of his jurisdiction where the chief inspector-cum- facilitator with the approval of the appropriate government and subject to such restrictions or conditions as he may think fit to impose, by order in writing authorise the inspector-cum- facilitator to exercise such of the powers of the chief inspector-cum-facilitator as may be specified in such order:35provided that the chief inspector-cum-facilitator, with the approval of the appropriate government, may by order in writing, prohibit the exercise, by any inspector-cum-facilitator or any class of inspector-cum-facilitators specified in such order, of any such power by such inspector-cum-facilitator or class of inspector-cum-facilitators4045 of 1860(9) every chief inspector-cum-facilitator, additional chief inspector-cum-facilitator, joint chief inspector-cum-facilitator, deputy chief inspector-cum-facilitator, inspectorcum-facilitator and every other officer appointed under this section shall be deemed to be a public servant within the meaning of section 21 of the indian penal code, and shall be officially subordinate to such authority as the appropriate government may specify in this behalf35 (1) subject to any rules made in this behalf, an inspector-cum-facilitator, within the local limits of his jurisdiction may,—45powers of inspectorcum- facilitators(i) enter, with such assistance of persons, being persons in the service of the government, or any local or other public authority, or with an expert, as he thinks fit, any place which is used, or which he has reason to believe, is used as a workplace;50(ii) inspect and examine the mine, premises, plant, machinery, article or any otherrelevant material;(iii) inquire into any accident or dangerous occurrence, whether resulting in bodily injury, disability or death or not and take on the spot or otherwise statement of any person which he may consider necessary for such inquiry;5(iv) in respect of a plantation and subject to any rules made by the state government in this behalf, within his jurisdiction, examine the crops grown in any plantation or any worker employed therein or require the production of any register or other document maintained in pursuance of this code, and take on the spot or otherwise statement of any person which he may consider necessary for carrying out the purposes of this code relating to plantation;10(v) supply information and sensitises the employers and workers regarding the provisions of this code and compliance thereof;(vi) require the production of any register or any other document relating to the workplace or work activity;15(vii) search or seize, or take copies of, any register, record or other document or any portion thereof, as he may consider necessary in respect of any offence under this code, which he has reason to believe, has been committed;20(viii) direct the concerned occupier or employer that any premises or any part thereof, or anything lying therein, shall be left undisturbed (whether generally or in particular respects) for so long as is necessary for the purpose of any inspection or inquiry;(ix) take measurements, photographs and videographs and make such recordings as he considers necessary for the purpose of any examination or inquiry;25(x) take samples of any articles or substances found in any premises into which he has power to enter and of the air of the atmosphere in or in the vicinity of any such premises in such manner as may be prescribed by the appropriate government;(xi) direct the employer to—(a) dismantle any arcticle or substance; or30(b) subject such article or substance to any process or test (but not so as to damage or destroy it unless the same is, in the circumstances necessary, for carrying out the purposes of any provision of this code);35if such article or substance is found in any premises, being an article or substance which appears to the inspector-cum-facilitator as having caused or is likely to cause danger to the health and safety of employees, and take possession of such article or substance or a part thereof and detain it for so long as is necessary for such examination, as required; (xii) issue show cause notice relating to safety, health and welfare provisions arising under this code, rules, regulations and bye-laws made thereunder;(xiii) prosecute, conduct or defend before any court any complaint or other proceeding arising under this code, the rules and regulations made thereunder; and40(xiv) exercise such other powers and perform such other duties as may be prescribed by the appropriate government (2) any person required to produce any document or to give any information required by an inspector-cum-facilitator under sub-section (1) shall be deemed to be legally bound to do so within the meaning of section 175 and section 176 of the indian penal code45 of 18602 of 197445(3) the provisions of the code of criminal procedure, 1973, shall, so far as may be, apply to such search or seizure under sub-section (1) as they apply to any search or seizure made under the authority of a warrant issued under section 94 of that code5036 the district magistrate shall, within the local limits of his jurisdiction, exercise such powers and duties of the inspector-cum-facilitator in respect of mines as may be prescribed by the central governmentpowers and duties of district magistratethird party audit and certification537 the appropriate government may, by notification, empanel experts possessing such specialised qualifications and experience as may be prescribed, and authorise the employers of such start up establishments and class of other establishments to choose any of such experts as are specified in the notification for third party certification in respect of such start up establishments and class of other establishments who shall perform such duties and hold such responsibilities as may be prescribed and submit their reports to the concerned employer and inspector-cum-facilitator separately for the purpose of ensuring compliance of the provisions of this code1038 (1) without prejudice to the other powers of the chief inspector-cum-facilitator or inspector-cum-facilitator in this code, the chief inspector-cum-facilitator or the inspectorcum-facilitator,—(a) in respect of a factory shall have the following special powers, namely:—15 20(a) where it appears to the inspector-cum-facilitator that conditions in a factory or part thereof are such that they may cause serious hazard or imminent danger by way of injury or death to the persons employed therein or to the general public in the vicinity, he may, by order in writing to the occupier of the factory, state the particulars in respect of which he considers the factory or part thereof to be the cause of such serious hazard or imminent danger and prohibit such occupier from employing any person in the factory or any part thereof other than the minimum number of persons necessary to attend to the minimum tasks till the hazard or danger is removed;special powers of the chief inspectorcum- facilitator or inspectorcum- facilitator in respect of factory, mines and dock work and building and other construction work(b) any order issued by the inspector-cum-facilitator under sub-clause (a)shall have effect for a period of three days until extended by the chief inspectorcum-facilitator by a subsequent order;25(c) any person aggrieved by an order of the inspector-cum-facilitator under sub-clause (a), and the chief inspector-cum-facilitator under sub-clause (b), shall have the right to appeal to the high court;14 of 194730(d) any person whose employment has been affected by an order issued under sub-clause (a), shall, without prejudice to the rights of the parties under the industrial disputes act, 1947, be entitled to wages and other benefits and it shall be the duty of the occupier to provide alternative employment to him wherever possible in such manner as may be prescribed by the appropriate government; (b) in respect of mines shall have the following special powers, namely:—35 40(a) if, in respect of any matter for which no express provision is made byor under this code, it appears to the chief inspector-cum-facilitator or an inspector-cum-facilitator that any mine or part thereof or any matter, thing or practice in or connected with the mine, or with the control, supervision, management or direction thereof, is dangerous to human life or safety or is defective so as to threaten or tend to cause, the bodily injury of any person, he may give notice in writing thereof to the employer of the mine stating therein the particulars in respect of which he considers the mine or part thereof or the matter, thing or practice to be dangerous or defective and require the same to be remedied within such time and in such manner as he may specify in the notice;45 50(b) where the employer of a mine fails to comply with the terms of a noticegiven under sub-clause (a) within the period specified therein, the chiefinspector-cum-facilitator or the inspector-cum-facilitator may, by order in writing, prohibit the employment in or about the mine or any part thereof of any person whose employment is not in his opinion reasonably necessary for securing compliance with the terms of the notice;(c) without prejudice to the provisions contained in sub-clause (a), thechief inspector-cum-facilitator or the inspector-cum-facilitator may, by order5in writing addressed to the employer of a mine, prohibit the extraction or reduction of pillars or blocks of minerals in any mine or part thereof, if, in his opinion, such operation is likely to cause the crushing of pillars or blocks of minerals or the premature collapse of any part of the workings or otherwise endanger the mine or the life or safety of persons employed therein or if, in his opinion, adequate provision against the outbreak of fire or flooding has not been made by providing for the sealing off and isolation of the part of the mine in which such operation is contemplated and for restricting the area that might be affected by fire or flooding;10 15(d) if the inspector-cum-facilitator authorised, by general or special order in writing by the chief inspector-cum-facilitator, is of opinion that there is urgent and immediate danger to the life or safety of any person employed in any mine or part thereof, he may, by order in writing containing a statement of the grounds of his opinion, prohibit until he is satisfied that the danger is removed, the employment in or about the mine or any part thereof of any person whose employment is not in his opinion reasonably necessary for the purpose of removing the danger;20(e) every person whose employment is prohibited under sub-clause (b) or sub-clause (d) shall be entitled to payment of full wages for the period for which he would have been, but for the prohibition in employment and the employer shall be liable for payment of such full wages of that person:provided that the employer may instead of paying such full wages provide such person with an alternative employment at the same wages which such person was receiving in the employment which was prohibited;25(f) where a notice has been given under sub-clause (a) or an order made under sub-clause (b) or sub-clause (c) or sub-clause (d) by an inspector-cum- facilitator, employer of the mine may, within ten days after the receipt of the notice or order, as the case may be, appeal against the same to the chief inspector-cum-facilitator who may confirm, modify or cancel the notice or order;30(g) the chief inspector-cum-facilitator or the inspector-cum-facilitator sending a notice under sub-clause (a) or making an order under sub-clause (b)or sub-clause (c) or sub-clause (d) and the chief inspector-cum-facilitator making an order (other than an order of cancellation in appeal) under sub-clause (f) shall forthwith report the same to the central government;35 40(h) if the employer of the mine objects to a notice sent under sub-clause (a)by the chief inspector-cum-facilitator or the inspector-cum-facilitator or to an order made by the chief inspector-cum-facilitator or the inspector-cum- facilitator under sub-clause (b) or sub-clause (c) or sub-clause (d) or sub-clause (f), he may, within twenty days after the receipt of the notice containing the requisition or of the order or after the date of the decision on appeal, as the case may be, send his objection in writing stating the grounds thereof to the central government which shall, ordinarily within a period of two months from the date of receipt of the objection, decide the matter45(i) every notice under sub-clause (a), or order under sub-clause (b) or sub-clause (c) or sub-clause (d) or sub-clause (f), to which objection is made under sub-clause (h), shall be complied with, pending with the conserned chief inspector-cum-facilitators or inspector-cum-facilitators of the mine for the decision of the central government:45provided that the central government may, on the application of the employer, suspend the operation of a notice under sub-clause (a), pending its decision on the objection2 of 1974(j) nothing in this section shall affect the powers of an executive magistrate under section 144 of the code of criminal procedure, 1973;5(k) where in respect of any matter relating to safety of mine for which express provision is made by or under this code, the employer of a mine fails to comply with such provisions, the chief inspector-cum-facilitator may give notice in writing requiring the same to be complied with within such time as he may specify in the notice or within such extended period of time as he may, from time to time, specify thereafter;10(l) where the employer fails to comply with the terms of a notice given under sub-clause (k) within the period specified in such notice or within the extended period of time specified under that sub-clause, the chief inspectorcum-facilitator may, by order in writing, prohibit the employment in or about the mine or any part thereof of any person whose employment is not, in his opinion, reasonably necessary for securing compliance with the terms of the notice;15(m) every person whose employment is prohibited under sub-clause (l),shall be entitled to payment of full wages for the period for which he would have been, but for the prohibition, in employment, and the owner, agent or manager shall be liable for payment of such full wages of that person:20provided that the employer may, instead of paying such full wages, provide such person with an alternative employment at the same wages which such person was receiving in the employment which was prohibited under sub-clause (l);25(n) the provisions of sub-clauses (g), (h) and (i) shall apply in relation to a notice issued under sub-clause (k) or an order made under sub-clause (l) as they apply in relation to a notice under sub-clause (a) or an order under sub-clause (b);(o) chief inspector-cum-facilitator may, for reasons to be recorded in writing, reverse or modify any order passed by him under this code or under any regulation, rule or bye-law made thereunder in relation to mine;30(p) no order prejudicial to the owner, agent or manager of a mine shall bemade under this section unless such owner, agent or manager has been given a reasonable opportunity of making representation;(q) the central government may reverse or modify any order passed by chief inspector-cum-facilitator under this code in relation to mine (c) in respect of dock work shall have the following special powers, namely:—35 40(a) if it appears to an inspector-cum-facilitator that any place where any dock work is being carried on is in such a condition that it is dangerous to life, safety or health, of dock workers, he may, in writing, serve on the employer, an order prohibiting any dock work in such place until measures have been taken to remove the cause of the danger to his satisfaction;(b) an inspector-cum-facilitator after serving an order under clause (a)shall endorse a copy thereof to the chief inspector-cum-facilitator who may modify or cancel the order without waiting for an appeal;45(c) any person aggrieved by an order under clause (a) or clause (b) may, within fifteen days from the date on which the order is communicated to him, prefer an appeal to the chief inspector-cum-facilitator or where such order is by the chief inspector-cum-facilitator, to the central government and the chief inspector-cum-facilitator or central government shall, after giving the appellant an opportunity of being heard, dispose of the appeal within sixty days:provided that the chief inspector-cum-facilitator or the central government may entertain the appeal after the expiry of the said period of fifteen days, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time:5provided further that an order under clause (a) shall be complied with, pending the decision of the chief inspector-cum-facilitator or central government(2) without prejudice to the other powers of an inspector-cum-facilitator elsewhere in this code,—10 15(a) if it appears to the inspector-cum-facilitator that any site or place at which any building or other construction work is being carried on, is in such condition that it is dangerous to life, safety or health of building workers or the general public, he may, in writing serve on the employer of building workers or on the employer of the establishment or on the person in charge of such site or place an order prohibiting any building or other construction work at such site or place until measures have been taken to remove the cause of the danger to his satisfaction;(b) an inspector-cum-facilitator serving an order under clause (a) shall endorse a copy to the chief inspector-cum-facilitator;(c) such prohibition order shall be complied with by the employer forthwith20(3) any person aggrieved by an order under clause (a) of sub-section (2), may, within fifteen days from the date on which the order is communicated to him, may prefer an appeal to the chief inspector-cum-facilitator or where such order is by the chief inspector-cum- facilitator, to the appropriate government and the chief inspector-cum-facilitator or the appropriate government, as the case may be, shall, after giving the appellant an opportunity of being heard, dispose of the appeal within sixty days:25provided that the chief inspector-cum-facilitator or the appropriate government may, entertain the appeal after the expiry of the said period of fifteen days if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time:30provided further that the prohibition, shall be complied with, subject to the decision of the chief inspector-cum-facilitator or the appropriate government35secrecy of information by chief inspectorcum- facilitator or inspectorcum- facilitator, etc39 (1) all copies of, and extracts from, registers or other records pertaining to any establishment and all other information relating to any manufacturing or commercial business or any working process acquired by the chief inspector-cum-facilitator or an inspectorcum-facilitator or by any one assisting him, in the course of the inspection or survey of any establishment under this code or acquired by any person authorised under section 20 in the exercise of his duties thereunder, shall be regarded as confidential and shall not, while in service or after leaving the service, be disclosed to any person or authority unless the chief inspector-cum-facilitator or the inspector-cum-facilitator considers disclosure necessary to ensure the health, safety or welfare of any person employed in establishment40(2) nothing in sub-section (1) shall apply to the disclosure of any such information to—(a) any court; (b) any committee or board constituted under this code; (c) an official superior or the employer of the establishment concerned;458 of 1923(d) a commissioner for employees' compensation appointed under the employees' compensation act, 1923;(e) the controller, indian bureau of mines; and (f) any such officer, authority or authorised as may be specified in this behalf by the appropriate government22 of 20055(3) notwithstanding anything contained in the right to information act, 2005, nochief inspector-cum-facilitator or inspector-cum-facilitator shall disclose the source of any complaint, without his consent, made to him regarding the contravention of the provisions of this code and shall also not while making an inspection under this code in pursuance of such complaint, disclose to the employer concerned or any of his representative that the inspection is being made in pursuance of such complaint40 every employer of an establishment shall afford the chief inspector-cum-facilitator and every inspector-cum-facilitator having jurisdiction or every person authorised by chief inspector-cum-facilitator all reasonable facilities for making any entry, inspection, survey, measurement, examination or inquiry under this code10facilities to be afforded to the inspectorcum- facilitator15powers of special officer to enter, measure, etc in relation to mine41 any person in the service of the government duly authorised in this behalf by a special order in writing of the chief inspector-cum-facilitator or of an inspector-cum- facilitator may, for the purpose of surveying, levelling or measuring any mine or any output therefrom, after giving not less than three days' notice to the manager of such mine, enter the mine and may survey, level or measure the mine or any part thereof or any output therefrom at any time by day or night:20provided that, where in the opinion of the chief inspector-cum-facilitator or of an inspector-cum-facilitator an emergency exists, he may, by order in writing, authorise any such person to enter the mine for any of the aforesaid purposes without giving any such noticemedical officer42 (1) the appropriate government may appoint medical practitioners having prescribed qualification to be medical officers for the purposes of this code in relation to factory, mines, plantation, motor transport undertakings and any other establishment as may be:25provided that the medical officers so appointed shall before entering into their office, disclose to the appropriate government their interest in the concerned establishment(2) the medical officer shall perform the following duties, namely:—(a) the examination and certification of workers in a mine or factory or any other establishment engaged in such dangerous occupations or processes as may be prescribed;30(b) the exercise of such medical supervision for any factory, mines, plantation,motor transport undertaking and such other establishment as may be prescribed by the appropriate government where cases of illness have occurred which it is reasonable to believe are due to the nature of any process carried on or other conditions of work prevailing in such establishments;35(c) the examination and certification of adolescent for the purpose of ascertaininghis fitness for employment in factory, plantation, motor transport undertakings and any other establishment as may be prescribed by the appropriate government in any work which is likely to cause injury to their health40 chapter x special provision relating to employment of womenemployment of women in night4543 notwithstanding any prohibition in any other law for the time being in force in this behalf and subject to such conditions relating to safety, holidays and working hours or any other condition to be observed by the employer as may be prescribed by the appropriate government, the women workers may, with her consent, be employed in an establishment before 6 am and beyond 7 pm44 where the appropriate government considers that the employment of women is dangerous for their health and safety, in an establishment or class of establishments, due to the operation carried out therein, such government may in the prescribed manner, prohibit the employment of women for such operationprohibition of employment of women in dangerous operation chapter xi special provisions for contract labour and inter-state migrant worker, etc part i contract labour and inter-state migrant worker45 (1) this part shall apply to—5applicability of this part(i) every establishment in which twenty or more contract labour are employed or were employed on any day of the preceding twelve months through contract;(ii) every manpower supply contractor who has employed on any day of the preceding twelve months twenty or more contract labour:10provided that the provisions of this clause shall not apply to sections 59 to 62: provided further that the appropriate government may, after giving not less than two months' notice of its intention so to do, by notification, apply the provisions of this part to any establishment or manpower supply contractor employing such number of worker less than twenty as may be specified in the notification:15provided also that, where any other threshold of contract labour as provided in this sub-section is in force in a state under the law for the time being in force in such state immediately before the commencement of this code, then, such threshold shall prevail, without prejudice to the first proviso, for the purposes of this sub-section till it is amended by the competent legislature20(2) this part shall not apply to the establishment in which work only of an intermittent or casual nature is performed:provided that if a question arises as to whether work performed in an establishment is of an intermittent or casual nature, the appropriate government shall decide that question after consultation with the national board or a state advisory board and its decision thereon shall be final25explanation—for the purpose of this sub-section, work performed in an establishment shall not be deemed to be of an intermittent nature—(i) if it was performed for more than one hundred and twenty days in the preceding twelve months; or30(ii) if it is of seasonal character and is performed for more than sixty days in ayearappointment of licensing officers46 the appropriate government may, by an order, appoint such persons, being gazettedofficers of the government, as it thinks fit to be licensing officers and define the limits, within which the licensing officer shall exercise the powers conferred on him by or under this part of the code3547 (1) no contractor to whom this part applies shall—licensing of contractors(a) supply or engage contract labour in any establishment; or (b) undertake or execute the work through contract labour,40except under and in accordance with a licence issued to him by a licensing officer after satisfying that the contractor fulfils such requisite qualifications or criteria as may be prescribed by the central government and such licence shall, in addition to the prescribed particulars and conditions specified in sub-section (3), specify the number of such contract labour who can be engaged and the amount of security to be deposited by the contractor45(2) where the contractor does not fulfil the requisite qualifications or criteria referred to in sub-section (1), the licensing officer may issue him a "work specific licence" renewable within such period as may be prescribed by the appropriate government to supply or engage the contract labour, or execute the work through contract labour, only for the concerned work order as may be specified in such licence and subject to such conditions as may be specified in such licence(3) subject to the provisions of this part,—5(a) a licence under sub-section (1), may contain such conditions including, inparticular, conditions as to hours of work, fixation of wages and other essential amenities in respect of contract labour as may be prescribed by the appropriate government;(b) the licence referred to in sub-section (1) or sub-section (2), shall be obtained from, if for such establishment the appropriate government is—10(i) the central government, the licensing officer appointed by thatgovernment; and(ii) the state government, the licensing officer appointed by thatgovernment:15provided that in case the contractor supplies or engages contract labour or undertakes or executes the work under sub-section (1) in more than one establishment situated in different states, then, he shall obtain the licence,—(i) where for such establishments, central government is the appropriate government, from the licensing officer appointed by the central government having jurisdiction over the place where the head office of the contractor is situated; or20(ii) where for such establishments, state government is the appropriate government from the licensing officer appointed by the state government having jurisdiction over the place where the head office of the contractor is situatedgrant of licence2548 (1) every application for issuing a licence under sub-section (1) or sub-section (2)of section 47 shall be made in such form and manner and shall contain such particulars regarding the number of contract labour, nature of work for which contract labour is to be employed and such other particulars as may be prescribed by the appropriate government(2) the licensing officer may make such investigation in respect of the application received under sub-section (1) and in making any such investigation the licensing officer shall follow such procedure as may be prescribed by the appropriate government30 35(3) the licence issued under sub-section (1) of section 47 shall be valid for a period of five years in respect of the number of contract labour specified therein and in case the contractor wants to increase the number of the contract labour, then, he shall apply in the prescribed manner for the renewal of the licence for such purpose to the licensing officer and if the licence is renewed by the licensing officer in the prescribed manner, the contract labour shall be increased to such extent by depositing such security deposit as specified in the renewed licence for the balance period| 49 ||--------------------------------------|| commission from the contract labour || no fees or || commission || or any cost || to workers |40| 50 ||------------------------------------------------------------------------------------------------|| contract labour in the establishment or to execute the contract through contract labour in the || establishment he shall, within such time and in such manner as may be prescribed, intimate || to the appropriate government || information || regarding || work order || to be given || to the || appropriate || government |45(2) where the contractor fails to give intimation under sub-section (1), the licensingofficer may, after giving the holder of the licence an opportunity of showing cause, suspend or cancel the licence in such manner as may be prescribed by the appropriate government51 (1) if the licensing officer is satisfied, either on a reference made to him in this behalf or otherwise, that—revocation, suspension and amendment of licence(a) a licence granted under this part has been obtained by misrepresentation orsuppression of any material fact, or5(b) the holder of a licence has, failed to comply with the conditions subject towhich the licence has been granted or has contravened any of the provisions of this part or the rules made thereunder, then code, without prejudice to any other penalty to which the contractor may be liable under this code, the licensing officer may, after giving the contractor an opportunity of showing cause, revoke or suspend the licence10(2) subject to any rules that may be made in this behalf, the licensing officer mayamend a licence granted under this partappeal1552 (1) any person aggrieved by an order made under section 47 or section 48 orsection 51 may, within thirty days from the date on which the order is communicated to him, prefer an appeal to an appellate authority notified in this behalf by the appropriate government:provided that the appellate authority may entertain the appeal after the expiry of the said period of thirty days, if he is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time20(2) on receipt of an appeal under sub-section (1), the appellate authority shall, after giving the appellant an opportunity of being heard, dispose of the appeal within thirty days from the date on which the appeal is preferred53 welfare facilities relating to providing of canteens, rest rooms, drinking water and first aid as referred to and prescribed, under section 23 and section 24 shall be provided by the principal employer of the establishment to the contract labour who are employed in such establishment25liability of principal employer for welfare facilities54 where any establishment is employing contract labour through a contractor who is required to obtain a licence under this part, but he has not obtained such licence, the contract labour so engaged through such contractor, shall be deemed to be employed by the principal employereffect of employing contract labour from a non-licenced contractor30responsibility for payment of wages55 (1) a contractor shall be responsible for payment of wages to each contract labouremployed by him and such wages shall be paid before the expiry of such period as may be prescribed by the appropriate government(2) every contractor shall, make the disbursement of wages referred to in sub-section (1), through bank transfer or electronic mode and inform the principal employer electronically the amount so paid by such mode:35provided that where it is not practicable to disburse such payment otherwise than in cash, then, it shall be disbursed in the presence of a representative duly authorised by the principal employer and it shall be the duty of such representative to certify the amount so paid as wages in such manner as may be prescribed by the appropriate government4045(3) in case the contractor fails to make payment of wages referred to in sub-section (1), within the prescribed period or makes short payment, then, the principal employer shall be liable to make payment of the wages in full or the unpaid balance due, as the case may be, to the concerned contract labour employed by the contractor and recover the amount so paid from the contractor either by deduction from any amount payable to the contractor under any contract or as a debt payable by the contractor50(4) the appropriate government, in the event the contractor does not pay the wages to the contract labour employed by him, shall pass the orders of making payment of such wages from the amount deposited by such contractor as security deposit under the licence issued by the licensing officer to the contractor, in the manner as prescribed by the appropriate governmentexperience certificate56 every concerned contractor or principal employer of the establishment concerned shall issue experience certificate, in such form as may be prescribed by the appropriate government, to the contract labour annually, or as and when demanded by the contract labour giving details of the work performed by such contract labour557 (1) notwithstanding anything contained in this part, the appropriate governmentmay, after consultation with the national board or a state advisory board, prohibit, by notification, employment of contract labour in any process, operation or other work in any establishmentprohibition of employment of contract labour10(2) before issuing any notification under sub-section (1), in relation to an establishment, the appropriate government shall have regard to the conditions of work and benefits provided for the contract labour in that establishment and other relevant factors, such as—| ( | a | ) whether the process, operation or other work is incidental to, or necessary ||----------------------------------------------------------------------------------------|-----|-----------------------------------------------------------------------------------|| for the industry, trade, business, manufacture or occupation that is carried on in the | | || establishment; | | || 15 | | || ( | b | ) whether it is of perennial nature, that is to say, it is of sufficient duration || having regard to the nature of industry, trade, business, manufacture or occupation | | || carried on in that establishment; | | || ( | c | ) whether it is done ordinarily through regular workers in that establishment or || an establishment similar thereto; and | | || 20 | | || ( | d | ) whether it is sufficient to employ considerable number of whole-time worker |explanation—if a question arises whether any process or operation or other work is of perennial nature, the decision of the appropriate government thereon shall be finalpower to exempt in special cases2558 the appropriate government may, in the case of an emergency, direct, by notification, that subject to such conditions and restrictions, if any, and for such period or periods, as may be specified in the notification, all or any of the provisions of this code or the rules made thereunder shall not apply to any establishment or class of establishments or any class of contractors59 it shall be the duty of every employer of an establishment employing inter-state migrant worker in connection with the work of that establishment,—facilities to inter-state migrant workers30(i) to ensure suitable conditions of work to such worker having regard to thefact that they are required to work in a state different from their own state;(ii) in case of fatal accident or serious bodily injury to any such worker, to reportto the specified authorities of both the states and also the next of kin of the worker;(iii) to provide and maintain suitable residential accommodation to such workerduring the period of their employment;35| ( ||-------------------------------------|| to the such worker, free of charge || displacement || allowance |60 (1) there shall be paid by the contractor to every inter-state migrant worker at the time of recruitment, a displacement allowance equal to fifty per cent of the monthly wages payable to him40(2) the amount paid to a worker as displacement allowance under sub-section (1), shall not be refundable and shall be in addition to the wages or other amount payable to himjourney allowance, etc4561 a journey allowance of a sum not less than the fare from the place of residence of the inter-state migrant workers in his state to the place of work in the other state shall be payable by the contractor to the workers both for the outward and return journeys at the time of recruitment only and such worker shall be entitled to payment of wages during the period of such journeys as if he were on dutypast liabilities62 no suit or other proceeding shall lie in any court or before any authority for the recovery of debt or any part thereof relating to an inter-state migrant worker after the completion of his employment where it remains unsettled obligation to the contractor or the principal employer and such debt or part thereof shall, on the completion of the period of employment of such worker, be deemed to have been extinguished5 part ii audio-visual workers63 (1) no person shall be employed as an audio-visual worker in or in connection with production of any audio-visual programme unless,—10(a) an agreement in writing is entered into—(i) with such person by the producer of such audio-visual programme; orprohibition of employment of audiovisual worker without agreement(ii) by the producer of such audio-visual programme with the contractor, where such person is employed through such contractor; and15(b) such agreement is registered with the competent authority by the producer of such audio-visual programme (2) every agreement, referred to in sub-section (1) shall,—(a) be in the prescribed form;20(b) specify the name and such other particulars as may be prescribed by the central government with respect to, the audio-visual worker whose employment the agreement relates;25(c) include, where such audio-visual worker is employed through a contractor, a specific condition to the effect that in the event of the contractor failing to discharge his obligations under the agreement to the audio-visual worker with respect to payment of wages or any other matter, the producer of the audio-visual programme shall also be liable to discharge such obligations and shall be entitled to be reimbursed with respect thereto by the contractor30(3) a copy of the agreement referred to in sub-section (1) with respect to the employment of the audio-visual worker shall, if such audio-visual worker is entitled to the benefits of provident fund, also be forwarded by the producer of the audio-visual programme to the authority as may be prescribed by the central government(4) notwithstanding anything contained in chapter v, vi and vii, the agreement referred to in sub-section (1) shall include,—(i) nature of assignment; (ii) wages and other benefits (including provident fund, if any);35(iii) health and working condition; (iv) safety;(v) hours of work; and (vi) welfare facilities,40and it shall be responsibility of the producer to provide the facilities specified in the agreement to the audio-visual worker and the payment of wages shall be through electronic mode part iii minesmanagers4564 (1) save as may be otherwise prescribed by the central government, every mineshall be under a sole manager who shall have the prescribed qualifications and the owner or agent of every mine shall appoint a person having such qualifications to be the manager:provided that the owner or agent may appoint himself as manager if he possesses the prescribed qualifications5(2) subject to any instructions given to him by or on behalf of the owner or agent of the mine, the manager shall be responsible for the overall management, control, supervision and direction of the mine and all such instructions when given by the owner or agent shall be confirmed in writing forthwith(3) except in case of an emergency, the owner or agent of a mine or anyone on his behalf shall not give, otherwise than through the manager, instructions affecting the fulfillment of his statutory duties, to a person, employed in a mine, who is responsible to the manager1065 (1) the provisions of this code, except those contained in sections 35, 38, 40, 41and 44, shall not apply to—code not to apply in certain cases(a) any mine or part thereof in which excavation is being made for prospecting purposes only and not for the purpose of obtaining minerals for use or sale subject to such conditions relating to number of employees, depth of excavation and other matters as may be prescribed by the central government;15 20(b) any mine engaged in the extraction of kankar, murrum, laterite, boulder, gravel, shingle, ordinary sand (excluding mouldings and glass sand and other mineral sands), ordinary clay (excluding kaolin, china clay, white clay or fire clay), building stone, slate, road metal, earth, fullers earth (marl, chalk) and lime stone subject to such conditions relating to workings, opencast workings and explosives as may be prescribed by the central government (2) notwithstanding anything contained in sub-section (1), the central government may declare that the provisions of this code shall apply to such mine or part thereof as may be prescribed by it25 30(3) without prejudice to the provisions contained in sub-section (2), if at any time anyof the conditions specified in clause (a) or clause (b) of sub-section (1) is not fulfilled inrelation to any mine referred to in that sub-section, the provisions of this code not set out in sub-section (1), shall become immediately applicable, and it shall be the duty of the employerof the mine to inform about such non-fulfillment to such authority in such manner and within such time as may be prescribed by the central governmentexemption from provision regarding employment3566 (1) in case of an emergency involving serious risk to the safety of the mine or of persons employed therein, or in case of an accident, whether actual or apprehended, or in case of any act of god or in case of any urgent work to be done to machinery, plant or equipment of the mine as a result of breakdown of such machinery plant or equipment, the manager may, subject to the provision of clause (b) of sub-section (1) of section 38 and in accordance with the provisions as specified in section 25 relating to exemption from weekly day of rest, hours of work above ground, hours of work below ground and notices regarding hours of work relating to mines, permit persons to be employed in contravention of sections 25, 30 and sub-section (1) of section 31 on such work as may be necessary to protect the safety of the mine or of the persons employed therein:40provided that in case of any urgent work to be done to machinery, plant or equipment under this section, the manager may take the action permitted by this section, although the production of mineral would thereby be incidentally affected, but any action so taken shall not exceed the limits necessary for the purpose of avoiding serious interference with the ordinary working of the mine45(2) every case in which action has been taken by the manager under sub-section (1), shall be recorded together with the circumstances relating thereto and a report thereof shall also be made to the chief inspector-cum-facilitator or the inspector-cum-facilitator67 (1) no person below eighteen years of age shall be allowed to work in any mine or part thereofemployment of persons below eighteen years of age5(2) notwithstanding anything contained in sub-section (1), apprentices and othertrainees, not below sixteen years of age, may be allowed to work, under proper supervision, in a mine or part thereof by the manager as referred to in section 64:provided that, in the case of trainees, other than apprentices, prior approval of the chief inspector-cum-facilitator or an inspector-cum-facilitator shall be obtained before they are allowed to work10(3) the central government may prescribe the provisions for medical examination of apprentice, other trainee and employee in the mine to ensure their fitness to work and to prevent the persons below sixteen years of age to work as apprentice or trainee and those who are not adults to work as such employee52 of 1961explanation—in this section, "apprentice" means an apprentice as defined in clause (a) of section 2 of the apprentices act, 196115decision of question whether a mine is covered under this code2068 if any question arises as to whether any excavation or working (or premises in or adjacent to and belonging to a mine, on which any process ancillary to the getting, dressing or preparation for sale of minerals or of coke is being carried on) is a mine within the meaning of this code, the central government may decide the question, and a certificate signed by a secretary to the central government in the ministry of labour shall be conclusive on the point part iv beedi and cigar workers25licence to industrial premises and person69 (1) save as otherwise provided in this part, no employer shall use or allow to use any place or premises as an industrial premises unless he holds a valid licence issued under this section and no such premises shall be used except in accordance with the terms and conditions of such licence30(2) any person who intends to use or allows to use any place or premises specified in sub-section (1), shall make an application in writing to the competent authority, appointed by the state government, in such form on payment of such fees as may be prescribed by the state government, for a licence to use, or allow to use, such premises as an industrial premises(3) the application shall specify the maximum number of employees proposed to be employed at any time of the day in the place or premises and shall be accompanied by a plan of the place or premises prepared in such manner as may be prescribed by the state government35(4) the competent authority shall, in deciding whether to grant or refuse a licence, have regard to the following matters, namely:—(a) the suitability of the place or premises which is proposed to be used for the manufacture of beedi or cigar or both;40(b) previous experience of the applicant or he has employed experienced person or has entered into agreement with the experienced person for employment for the period of licence;45(c) the financial resources of the applicant including his financial capacity to meet the demands arising out of the provisions of the laws for the time being in force relating to welfare of labour;(d) whether the application is made bona fide on behalf of the applicant himself or in benami of any other person; and(e) welfare of the labour in the locality, the interest of the public generally and such other matters as may be prescribed by the state government(5) a licence granted under this section shall be valid for three years and may be renewed thereafter5(6) an application for the renewal of a licence granted under this section shall be madeat least thirty days before the expiry of the period thereof, on payment of such fees as may be prescribed by the state government, and where such an application has been made, the licence shall be deemed to continue, notwithstanding the expiry of the period thereof, until the renewal of the licence, or, as the case may be, the rejection of the application for the renewal thereof:10provided that the competent authority shall not grant or renew a licence unless it is satisfied that the provisions of this code and the rules made thereunder have been complied with:provided further that the competent authority shall, in deciding whether to renew a licence or to refuse a renewal thereof, have regard to the matters specified in sub-section (3)15(7) the competent authority may, after giving the holder of a licence an opportunity ofbeing heard, cancel or suspend any licence granted or renewed under this section, if it appears to it that such licence has been obtained by misrepresentation or fraud or that the licencee has contravened or failed to comply with any of the provisions of this code or the rules made thereunder or any of the terms or conditions of the licence20(8) the state government may issue in writing to a competent authority such directions of a general character as that government may consider necessary in respect of any matter relating to the grant or renewal of licences under this section25(9) subject to the foregoing provisions of this section, the competent authority may grant or renew licences under this part on such terms and conditions as it may determine and where the competent authority refuses to grant or renew any licence, it shall do so by an order communicated to the applicant, giving the reasons in writing for such refusalappeals3070 any person aggrieved by the decision of the competent authority refusing to grant or renew a licence or cancelling or suspending a licence may, within such time and on payment of such fees as may be prescribed, appeal to such authority as the state government may, by notification, specify in this behalf, and such authority may by order confirm, modify or reverse any order refusing to grant or renew a licence or cancelling or suspending a licence71 (1) the state government may permit, the wetting or cutting of beedi or tobacco leaves by employees outside the industrial premises on an application made to it by the employer on behalf of such employees, as may be prescribed35permission to work by employees outside industrial premises(2) the employer shall maintain the record of the work permitted under sub-section (1), to be carried on outside the industrial premises, in the form as may be prescribed(3) save as otherwise provided in this section, no employer shall require or allow any manufacturing process connected with the making of beedi or cigar or both to be carried on outside the industrial premises:40provided that nothing in this sub-section shall apply to any labour who is given raw material by an employer or a contractor to make beedi or cigar or both at home72 nothing contained in this part shall apply to the owner or occupier of a private dwelling house, not being an employee of an employer to whom this part applies, who carries on any manufacturing process in such private dwelling house with the assistance of the members of his family living with him in such dwelling house and dependent on him45explanation—for the purposes of this section,—part not to apply to selfemployed persons in private dwelling houses61 of 1986(i) "family" does not include child, as defined in the child and adolescent(prohibition and regulation) act, 1986, for this section(ii) "private dwelling house" means a house in which persons engaged in the manufacture of beedi or cigar or both, reside part v building and other construction workers573 no person about whom the employer knows or has reasons to believe that he is a deaf or he has a defective vision or he has a tendency to giddiness shall be required or allowed to work in any such operation of building or other construction work which is likely to involve a risk of any accident either to the building worker himself or to any other person part vi factories10prohibition of employment of certain persons in certain building or other construction work74 (1) the appropriate government may make rules in respect of factory or class or description of factories for—approval and licensing of factories(a) the submission of plans including specifications, nature and certification thereof;15(b) the previous permission for the site on which the factory is to be situated and for the construction or extension thereof; and(c) registration and licensing and renewal thereof including fees to be payable for such registration, licensing and renewal, as the case may be20(2) if on an application for permission referred to in clause (b) of sub-section (1)accompanied by the plans and specifications required by the rules made under clause (c) of that sub-section, sent to the state government or chief inspector-cum-facilitator in the mode prescribed including electronic mode, no order is communicated to the applicant within three months from the date on which it is so sent, the permission applied for in the said application shall be deemed to have been granted25(3) where a state government or a chief inspector-cum-facilitator refuses to grant permission to the site, construction or extension of a factory and licensing of a factory, the applicant may within thirty days of the date of such refusal appeal to the central government if the decision appealed from was of the state government and to the state government in any other case30explanation—a factory shall not be deemed to be extended within the meaning of this section by reason only of the replacement of any plant or machinery or within such limits as may be prescribed, of the addition of any plant or machinery if such replacement or addition does not reduce the minimum clear space required for safe working around the plant or machinery or adversely affect the environmental conditions from the evolution or emission of steam, heat or dust or fumes injurious to health35liability of owner of premises in certain circumstances4075 where any premises or separate buildings are leased to different occupiers for useas separate factories, the owner of the premises and occupiers of the factories utilising such common facilities which include safety and fire prevention and protection, access, hygiene, occupational health, ventilation, temperature, emergency preparedness and response, canteens, shelter, rest rooms and crèches shall jointly and severally be responsible for providing maintenance of such common facilities and services as may be prescribed by the appropriate government45power to apply code to certain premises76 (1) the appropriate government may, by notification in the official gazette, declare that all or any of the provisions of this part shall apply to any place wherein a manufacturing process is carried on with or without the aid of power or is so ordinarily carried on irrespective of the number of workers working in the factory(2) after a place is so declared, it shall be deemed to be a factory for the purposes of this code, and the owner shall be deemed to be the occupier, and any person working therein, a workerexplanation—for the purposes of this section, "owner" shall include a lessee or mortgagee with possession of the premisesdangerous operations577 the appropriate government may by rules make the provisions relating to any factory or class or description of factories in which manufacturing process or operation is carried on which exposes any of the persons employed in it to a serious risk of bodily injury, poisoning or disease, for—(a) specifying the manufacturing process or operation and declaring it to be dangerous;10(b) prohibiting or restricting the employment of pregnant women in themanufacturing process or operation;(c) the periodical medical examination before, or at any time during theemployment to ascertain the fitness of a worker or employee for such employment on the cost of the occupier; and15(d) welfare amenities, sanitary facilities, protective equipment and clothing andany other requirement necessary for dangerous operationsconstitution of site appraisal committee78 (1) the appropriate government may, constitute one or more site appraisal committees consisting of a chairman and other members, for such purpose as may be prescribed including to consider and to give recommendations on an application for grant of permission for the initial location of a factory involving a hazardous process or for the expansion of such factory20(2) the site appraisal committee referred to in sub-section (1) shall make its recommendation within a period of ninety days of the receipt of the application for any of the purpose referred to in the said sub-section in such form, as may be prescribed25compulsory disclosure of information by occupier3079 (1) the occupier of every factory involving a hazardous process shall disclose in the manner prescribed by the state government all information regarding dangers, including health hazards and the measures to overcome such hazards arising from the exposure to or handling of the materials or substances in the manufacture, transportation, storage and other processes, to the workers employed in the factory, the chief inspector-cum-facilitator, the local authority within whose jurisdiction the factory is situated and the general public in the vicinity35(2) the occupier shall, at the time of registering the factory involving a hazardous process, lay down a detailed policy with respect to the health and safety of the workers employed therein and intimate such policy to the chief inspector-cum-facilitator and the local authority and, thereafter, at such intervals as may be prescribed by the state government, inform the chief inspector-cum-facilitator and the local authority of any change made in the said policy(3) the information furnished under sub-section (1) shall include accurate information as to the quantity, specifications and other characteristics of wastes and the manner of their disposal40(4) every occupier shall, with the approval of the chief inspector-cum-facilitator,draw up an on-site emergency plan and detailed disaster control measures for his factory and make known to the workers employed therein and to the general public living in the vicinity of the factory the safety measures required to be taken in the event of an accident taking place45(5) every occupier of a factory shall, if such factory proposes to engage in a hazardousprocess at any time after the commencement of this code, within a period of thirty days before the commencement of such process, inform the chief inspector-cum-facilitator about the nature and details of the process in such form and in such manner as may be prescribed by the state government(6) where any occupier of a factory contravenes the provisions of sub-section (5), the licence issued under section 74 to such factory shall, notwithstanding any penalty which may be imposed on the occupier of factory under the provisions of this code, be liable for cancellation5(7) the occupier of a factory involving a hazardous process shall, with the previous approval of the chief inspector-cum-facilitator, lay down measures for the handling, usage, transportation and storage of hazardous substances inside the factory premises and the disposal of such substances outside the factory premises and publicise them in the manner prescribed by the state government among the workers and the general public living in the vicinity1080 every occupier of a factory involving any hazardous process shall—specific responsibility of occupier in relation to hazardous processes15(a) maintain accurate and up-to-date health records or, as the case may be, medical records, of the workers in the factory who are exposed to any chemical, toxic or any other harmful substances which are manufactured, stored, handled or transported and such records shall be accessible to the workers subject to such conditions as may be prescribed by the state government;(b) appoint persons who possess qualifications and experience in handling hazardous substances and are competent to supervise such handling within the factory and to provide at the working place all the necessary facilities for protecting the workers in the manner prescribed by the state government:20provided that where any question arises as to the qualifications and experience of a person so appointed, the decision of the chief inspector-cum-facilitator shall be final;(c) provide for medical examination of every worker—25(i) before such worker is assigned to a job involving the handling of, or working with, a hazardous substance; and(ii) while continuing in such job, and after he has ceased to work in such job, at intervals not exceeding twelve months, in such manner as may be prescribed by the state government30national board to inquire into certain situations3581 (1) the central government may, in the event of the occurrence of an extraordinary situation involving a factory engaged in a hazardous process, direct the national board to inquire into the standards of health and safety observed in the factory with a view to finding out the causes of any failure or neglect in the adoption of any measures or standards prescribed by the state government for the health and safety of the workers employed in the factory or the general public affected, or likely to be affected, due to such failure or neglect and for the prevention and recurrence of such extraordinary situations in future in such factory or elsewhere(2) the recommendations of the national board shall be advisory in the natureemergency standards404582 (1) where the central government is satisfied that no standards of safety havebeen prescribed in respect of a hazardous process or class of hazardous processes, or where the standards so prescribed are inadequate, it may direct the directorate general occupational safety and health formerly known as directorate general of factory advice service and labour institutes or any institution authorised in matters relating to standards of safety in hazardous processes, to lay down emergency standards for enforcement of suitable standards in respect of such hazardous processes(2) the emergency standards laid down under sub-section (1) shall, until they are incorporated in the rules made under this code, be enforceable and have the same effect as if they had been incorporated in the rules made under this code83 the maximum permissible limits of exposure of chemical and toxic substances in manufacturing process in any factory shall be of the value as may be prescribed by the state governmentpermissible limits of exposure of chemicals and toxic substances5right of workers to warn about imminent danger84 (1) where the workers employed in any factory engaged in a hazardous process have reasonable apprehension that there is a likelihood of imminent danger to their lives or health due to any accident, they may, bring the same to the notice of the occupier, agent, manager or any other person who is in-charge of the factory or the process concerned directly or through their representatives in the safety committee and simultaneously bring the same to the notice of the inspector-cum-facilitator10(2) it shall be the duty of such occupier, agent, manager or the person in-charge of thefactory or process to take immediate remedial action if he is satisfied about the existence of such imminent danger and send a report forthwith of the action taken to the nearest inspector-cum-facilitator15(3) if the occupier, agent, manager or the person in-charge referred to in sub-section (2)is not satisfied about the existence of any imminent danger as apprehended by the workers, he shall, nevertheless, refer the matter forthwith to the nearest inspector-cum-facilitator whose decision on the question of the existence of such imminent danger shall be final2085 the appropriate government may prescribe the manner in which the appropriate authority to whom the manager or occupier of the factory may make appeal against the order of the inspector-cum-facilitator and the procedure for disposing of such appealsappeal against the order of inspectorcumfacilitator in case of factory power to make exempting rules and order2586 (1) the appropriate government may prescribe the provisions defining the persons who hold positions of supervision or management or employed in a confidential position in a factory or empowering the chief inspector-cum-facilitator to declare any person, other than a person so defined, as a person holding position of supervision or management or employed in a confidential position in a factory if, in the opinion of the chief inspector-cum-facilitator, such person holds such position or is so employed and the provisions of this code, shall not apply to any person so defined or declared30(2) the appropriate government may, by notification, make rules, in respect of any worker or class of workers in any establishment or class of establishments, for providing the exemption, extent of exemption and conditions subject to which such exemption may be given(3) in making rules under sub-section (1) and sub-section (2), the appropriate government shall prescribe for any establishment or class of establishments relating to overtime hours in respect of the following, namely:—(i) the total number of hours of work in any day;35(ii) the spread over in any one day; (iii) the total number of hours of work in a week; (iv) the total number of hours of overtime in a quarter; and (v) or any other related aspect40(4) the appropriate government or the chief inspector-cum-facilitator may, by orderin writing, exempt on such conditions as it may deem expedient, any or all of the adult workers in any establishment or class of establishments and any exemption so granted shall be subject to such conditions as may be prescribed by the appropriate governmentexplanation—"quarter" means a period of three consecutive months beginning on the 1st day of january, the 1st day of april, the 1st day of july or the 1st day of october chapter xii offences and penalties5general penalty for offences1087 save as is otherwise expressly provided in this code, if in, or in respect of, any establishment, there is any contravention of the provisions of this code or rules or regulations or bye-laws or any of standards, made thereunder or of any order in writing given under the code or such rules or regulations or bye-laws or standards, the employer of the establishment shall be liable to penalty which shall not be less than two lakhs but which may extend up to three lakh rupees, and if the contravention is continued after the conviction, then, with further fine which may extend to two thousand rupees for each day till the contravention is so continued88 (1) whoever wilfully—15(i) prevents or causes obstruction to a chief inspector-cum-facilitator or inspector-cum-facilitator or an officer of the appropriate government or a person authorised to discharge any duty or to exercise any powers under this code or the rules or the regulations or the bye-laws made thereunder, from discharging such duty or exercising such power; or20punishment for causing obstruction to chief- inspectorcum- facilitator or inspectorcum- facilitator, etc(ii) refuses entry to the chief inspector-cum-facilitator or the inspector-cum-facilitator or person or public authority or experts referred to in clause (i) of sub-section (1) of section 35 to any place where such chief inspector-cum-facilitator or inspector-cum-facilitator or such person or authority or experts is entitled to enter; or(iii) fails or refuses to produce any document which he is required to produce; or25(iv) fails to comply with any requisition or order issued to him, under this code or the rules, regulations or bye-laws made thereunder then, he shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to one lakh rupees, or with both30(2) where any person convicted of an offence punishable under sub-section (1) is again convicted of an offence under the same provision, then, he shall be punishable with imprisonment for a term which may extend to six months, or with fine which shall not be less than one lakh rupees but which may extend to two lakh rupees, or with both89 (1) any person, who is required under this code or the rules or regulations or bye-laws or order made thereunder, to—35(i) maintain any register or other document or to file returns, omits or fails tomaintain such register or document or to file such returns; orpenalty for nonmaintenance of register, records and non-filing of returns, etc(ii) produce any register or plan or record or report or any other document, omitsor fails to produce such register or plan or record or report or such other document,40then, he shall be liable to penalty which shall not be less than rupees fifty thousand but which may extend to one lakh rupees(2) where any person convicted of an offence punishable under sub-section (1) is again convicted of an offence under the same provision, then, he shall be liable to penalty which shall not be less than fifty thousand rupees but which may extend to two lakh rupees90 (1) any person, who, save as permitted by or under this code, contravenes, any—45(i) provision of this code or of any rule, regulation or bye-laws; orpunishment for contravention of certain provisions(ii) order prohibiting, restricting or regulating the employment of workersincluding women, audio-visual worker and contract labour and employee below eighteen years of age in case of mines,then, he shall be liable to penalty which shall not be less than fifty thousand but which may extend to one lakh rupees5(2) where any person convicted of an offence punishable under sub-section (1) is again convicted of an offence under the same provision, then, he shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to two lakh rupees, or with both91 (1) whoever—punishment for falsification of records, etc10| ( | a | ) produces false records or counterfeits or knowingly makes or produces or ||--------------------------------------------------------------------------------------|-----|------------------------------------------------------------------------------|| uses a false statement, declaration or evidence regarding any document in connection | | || with compliance of any of the provisions of this code or any rules, regulations or | | || bye-laws or any order made thereunder; or | | || ( | b | ) falsifies any plan or section, the maintenance of which is required by or || under this code or produces before any authority such plan or section, knowing the | | || same to be false; or | | |15(c) makes, gives or delivers knowingly a false plan, section, return, notice, recordor report containing a statement, entry or detail,then, he shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to one lakh rupees, or with both20(2) where any person convicted of an offence punishable under sub-section (1) is again convicted of an offence under the same provision, then, he shall be punishable with imprisonment for a term which may extend to six months, or with fine which shall not be less than one lakh rupees but which may extend to two lakh rupees, or with both25penalty for omission to furnish plans, etc92 any person who, without reasonable excuse, the burden to prove such excuse lies upon him, omits to make or furnish in the prescribed form or manner or at, or within, the prescribed time any plan, section, return, notice, register, record or report required by or under any provision of this code to be made or furnished, then he shall be liable to penalty which shall not be less than rupees one lakh but which may extend to two lakh rupees30punishment for disclosure of information93 (1) whoever being the chief inspector-cum-facilitator or inspector-cum-facilitator or any other person referred to in section 39 or section 116 discloses, contrary to the provisions of that section, any such information as is referred to in that section without the consent of the appropriate government, he shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to one lakh rupees, or with both35| ( | 2 ||----------------------------------------------------------------------------------------------|------------------------------------------------------------------------------------|| previous sanction of the appropriate government | || penalty for | || wrongfully | || disclosing | || results of | || analysis | || 94 | whoever, except in so far as it may be necessary for the purposes of a prosecution || for any offence punishable under this code, publishes or discloses to any person the results | || of an analysis, of a sample of substance used or intended to be used in any process under | || this code, shall be punishable with imprisonment for a term, which may extend to six months | || or with fine, which may extend to fifty thousand rupees or with both | |40| | | | 95 | ( | 1 | ) whoever fails to comply with or contravenes any of his duties specified under ||----------------------------------------------------|----|--------------------|--------|----------------------------|-----|-----------------------------------------------------------------------------------|| sub-section ( | 1 | ) or sub-section ( | 2 | ) of section 6 or clause ( | d | ) of section 13 in so far as such || duty relates to hazardous processes or section 80, | | | | | | |45penalty for contravention of the provisions of duties relating to hazardous processesshall, in respect of such failure or contravention, be punishable with an imprisonment for a term which may extend to two years and with fine which may extend to five lakh rupees, and in case the failure or contravention continues, with additional fine which may extend to twenty-five thousand rupees for every day during which such failure or contravention continues, after the conviction for the first such failure or contravention(2) if the failure or contravention referred to in sub-section (1) continues beyond a period of one year after the date of conviction, the offender shall be punishable with imprisonment for a term which may extend to three years or with a fine of twenty lakh rupees, or with both596 (1) if a person fails to comply with or contravenes any duties under this code or the rules, regulations, or bye-laws or orders made thereunder and such non-compliance or contravention has resulted in an accident or dangerous occurrences causing,—10(a) death, he shall be punishable with an imprisonment for a term which may extend to two years or with a fine which shall not be less than five lakh rupees or with both; or penalty for contravention of provisions of duties relating to safety provisions resulting in an accident(b) serious bodily injury to any person within the establishment, he shall be punishable with an imprisonment for a term which may extend to one year or with a fine which shall not be less than two lakh rupees but not exceeding four lakh rupees or both:15provided that while imposing the fine under this section, the court may direct that a portion of the fine, which shall not be less than fifty per cent thereof, shall be given as compensation to the victim or to the legal heirs of the victim, in the case of his death20(2) where a person having been convicted under sub-section (1) is again convicted thereunder, shall be punishable with double the punishment provided under that sub-sections for first conviction2597 whoever continues to work in contravention of any general or special order issued under the provisions of section 38, shall be punishable with imprisonment for a term which may extend to two years and shall also be liable to fine which may extend to five lakh rupees:special provision for contravention of order under section 38provided that the court shall not impose a fine under this section which shall be less than two lakh rupees without recording in the judgement the reasons for imposing such fine98 whoever in contravention of the provisions of section 64, fails to appoint a manager shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to one lakh rupees, or with both30failure to appoint manager in mineoffences by employees99 (1) subject to the provisions of section 13, except clause (d) thereof, if any employee employed in a workplace contravenes any provision of this code or any rules or orders made thereunder, imposing any duty or liability on employee, he shall be punishable with fine which may extend to ten thousand rupees35(2) where an employee is convicted of an offence punishable under sub-section (1)the employer of the establishment shall not be deemed to be guilty of an offence in respect of that contravention, unless it is proved that he failed to take all reasonable measures for its prevention40100 no prosecution shall be instituted against any owner, agent or manager of a mine for any offence under this code except at the instance of the chief inspector-cum-facilitator or of the district magistrate or of inspector-cum-facilitator authorised in this behalf by general or special order in writing by the chief inspector-cum-facilitator:prosecution of owner, agent or manager of a mine45provided that the chief inspector-cum-facilitator or the district magistrate or the inspector-cum-facilitator as so authorised shall before instituting such prosecution satisfy himself that the owner, agent or manager of a mine had failed to exercise due diligence to prevent the commission of such offenceprovided further that in respect of an offence committed in the course of the technical direction and management of a mine, the district magistrate shall not institute any prosecution against an owner, agent or manager of a mine without the previous approval of the chief inspector-cum-facilitator510exemption of owner, agent or manager of a mine or occupier of a factory from liability in certain cases101 where the owner, agent or manager of the mine or employer or occupier of the factory is charged with an offence punishable under this code he shall be entitled, upon complaint duly made by him and on giving to the prosecutor not less than three clear days' notice in writing of his intention so to do, to have any other person whom he charges as the actual offender brought before the court at the time appointed for hearing the charge; and if, after the commission of the offence has been proved, the owner, agent or manager of the mine or occupier or manager of the factory, as the case may be, proves to the satisfaction of the court—(a) that he has exercised due diligence to enforce the execution of this code, and15(b) that the said other person committed the offence in question without his knowledge, consent or connivance, that other person shall be convicted of the offence and shall be liable to the like punishment as if he was the owner, agent or manager of the mine or occupier or manager of the factory, as the case may be, and the owner, agent or manager of a mine or the occupier or the manager of the factory shall be, discharged from any liability under this code in respect of such offence:20provided that in seeking to prove as aforesaid the owner, agent or manager of a mine or the occupier or manager of the factory, as the case may be, may be examined on oath, and his evidence and that of any witness whom he calls in his support, shall be subject to crossexamination on behalf of the person he charges as the actual offender and by the prosecutor:25 30provided further that, if the person charged as the actual offender by the owner, agentor manager of the mine or occupier or manager of the factory as the case may be, cannot be brought before the court at the time appointed for hearing the charge, the court shall adjourn the hearing from time to time for a period not exceeding three months and if by the end of the said period the person charged as the actual offender cannot still be brought before the court, the court shall proceed to hear the charge against the owner, agent or manager of the mine or occupier or manager of the factory, as the case may be, and shall, if the offence be proved, convict himoffences by companies, etc35102 (1) where an offence under this code 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:provided 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 had exercised all due diligence to prevent the commission of such offence40 45(2) notwithstanding anything contained in sub-section (1) where any offence under this code has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of any director, manager, company secretary or other officer of the company, such director, manager, company secretary or other officer shall 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", means,—(i) in relation to a firm, a partner thereof; or (ii) the owner of a mine, being a firm or other association of individuals or a company; or5(iii) in case of association of individuals other than specified in sub-clause (ii), any of its members10103 (1) no court shall take cognizance of any offence punishable under this code, unless a complaint in respect thereof is made within six months of the date on which the alleged commission of the offence came to the knowledge of the inspector-cum-facilitator and a complaint is filed in this regardlimitation of prosecution and cognizance of offence(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 codeexplanation—for the purposes of this section,—15(a) in the case of a continuing offence, the period of limitation shall be computed with reference to every point of time during which the offence continues;(b) where for the performance of any act, time is granted or extended on an application made by the employer of an establishment, the period of limitation shall be computed from the date on which the time so granted or extended expired20104 (1) notwithstanding anything contained in section 103, for the purpose of imposing penalty under sections 87, 89, 90, 92, 99 and sub-section (3) of section 107, the appropriate government may appoint any officer not below the rank of under secretary to the government of india or an officer of equivalent rank in the state government, as the case may be, for holding enquiry in such manner, as may be prescribed by the central governmentpower of officers of appropriate government to impose penalty in certain cases25(2) while holding the enquiry, the officer referred to in sub-section (1) shall have the power to summon and enforce attendance of any person acquainted with the facts and circumstances of the case to give evidence or to produce any document, which in the opinion of such officer, may be useful for or relevant to the subject matter of the enquiry and if, on such enquiry, he is satisfied that the person has committed any offence under the provisions referred to in sub-section (1), he may impose such penalty as he thinks fit in accordance with such provisions30105 for the purposes of conferring jurisdiction on any court in relation to an offence under this code or the rules, regulation or bye-laws made thereunder in connection with an establishment, the place where the establishment is for the time being situate, shall be deemed to be the place where such offence has been committedjurisdiction of a court for entertaining proceedings, etc, for offence35power of court to make orders40106 (1) where the employer of a mine or a factory or a dock is convicted of an offencepunishable under this code, the court may, in addition to awarding him any punishment, by order in writing, require him within a period specified in the order (which may be extended by the court from time to time on application made in this behalf) to take such measures as may be specified in the order for remedying the matters in respect of which the offence was committed45(2) where an order is made under sub-section (1), the employer of the mine or the factory shall not be liable under this code in respect of the continuance of the offence during the period or extended period, if any, but if on the expiry of such period or extended period the order of the court has not been fully complied with, employer shall be deemed to have committed a further offence and shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one hundred rupees for every day after such expiry on which the order has not been complied with, or with bothcompounding of offences2 of 19745107 (1) notwithstanding anything contained in the code of criminal procedure, 1973,any offence punishable under this code, not being an offence punishable with imprisonment only, or with imprisonment and also with fine, may, on an application of the accused, either before or after the holding of the enquiry under section 104, be compoundable for a sum of fifty per cent of the maximum fine provided for such offence in such manner as may be prescribed by the appropriate government, by such gazetted officer, as the said government may, by notification, specify in this behalf:provided that the composition of an offence under this section shall have the effect ofan acquittal of the accused with whom the offence has been compounded:10provided further that where the composition of any offence is made after commencementof the inquiry under section 104 such composition shall be brought by the officer in writing, to the notice of the officers referred to in section 104 before whom the inquiry is pending and on such notice of the composition of the offence being given, the person against whom the offence is so compounded shall be discharged15(2) nothing contained in sub-section (1) shall apply to an offence committed by aperson for the second or subsequent time within a period of five years from the date of commission of such offence—(a) which was earlier compounded; or (b) for which such person was earlier convicted20(3) any person who fails to comply with an order made by the officer referred to insub-section (1), shall be liable to pay a sum equivalent to twenty per cent of the maximumfine provided for the offence, in addition to such fine chapter xiii miscellaneous25delegation of powers108 the central government may, by notification, direct that any power exercisableby it under this code or rules made thereunder shall, in relation to such matters and subject to such conditions, if any, as may be specified in the notification, be exercisable also by the state government or by such officer or authority subordinate to the state government as may be specified in the said notification30onus as to age109 (1) when any offence is committed under this code involving an issue of acertain age of a person and such person is in the opinion of the court prima facie under suchage, the burden shall be on the accused to prove that such person is not under such age35 40(2) the prescribed medical authority shall, while examining a worker for issuing the certificate of age for the purposes of this code, take into account the aadhaar card of the worker, and in the absence thereof, the date of birth certificate from school or the matriculation or equivalent certificate from the concerned examination board of the worker, if available, and in the absence thereof, the birth certificate of the worker given by a corporation or a municipal authority or a panchayat, and only in the absence of any of the methods specified in this sub-section, the age shall be determined by such medical authority through an ossification test or any other latest medical age determination testonus of proving limits of what is practicable, etc45110 in any proceeding for an offence for the contravention of any provision of this code or regulations or bye-laws or rules made thereunder consisting of a failure to comply with a duty or requirement to do something, it shall be for the person who is alleged to have failed to comply with such duty or requirement, to prove that it was not reasonably practicable or all practicable measures were taken to satisfy the duty or requirement111 (1) any person desirous of obtaining common licence in respect of a factory, for engaging contract worker and industrial premises for beedi and cigar work under this code shall make an application to such authority as may be designated by the appropriate government by notificationcommon licence for contractor, factories and to industrial premises and person(2) the application referred to in sub-section (1) shall be in such form and filed in such manner and accompanied by such fee as may be prescribed by the central government5(3) on receipt of an application under sub-section (1), the designated authority shall refer the same to the concerned licensing officers for his report within a period of thirty days and the provisions of this code relating to his area shall apply accordingly(4) where the licensing authority agrees to grant licence in respect of a factory, for engaging contract worker and industrial premises for beedi and cigar work, the designated authority shall issue a licence within sixty days of the receipt of application:10provided that where no report as referred to in sub-section (2) is received within the period specified therein it shall be presumed that the concerned licensing officer has no objection to the grant of the same:provided further that where a licensing officer opposes to grant of such licence, the applicant may be granted the licence in respect of rest of the areas specified in his application15(5) where all but one of the licensing officers oppose to grant the licence, the application for common licence shall be deemed to have been rejected and the applicant shall apply to respective licensing officer under the provisions of this code(6) any person aggrieved, by any order passed under this section, may file an appeal in such form, accompanied with such fee to such appellate authority as may be prescribed by the central government; and20(7) the rules relating to this section shall be made by the central government 112 (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 commencement of this code:effect of law and agreements inconsistent with this code25provided that where under any such award, agreement, contract of service or otherwise an employee is entitled to benefits in respect of any matters which are more favourable to him than those to which he will be entitled to under this code, the employee shall continue to get the former notwithstanding that he receives benefits in respect of other matters under this code30(2) nothing contained in this code shall be construed as precluding any employee from entering into an agreement with an 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 code35power of appropriate government to direct inquiry in certain cases40113 (1) the appropriate government may, in the event of the occurrence of an accident in an establishment which has caused or had the potentiality to cause serious danger to employees and other persons within, and in the vicinity of the workplace or whether immediate or delayed, or any occupational disease as specified in the third schedule, which has been or is suspected to have been contracted, in epidemic proportions, appoint one or more persons possessing legal or special knowledge to act as assessors or competent persons in such inquiry in order to inquire into the causes of the accident and disease, fix responsibilities and suggest a plan of action for the future to prevent such accidents or diseases and submit the report to the appropriate government45(2) the appropriate government may direct a chief inspector-cum-facilitator or any other officer under the control of the government concerned or appoint a committee to undertake a survey in such manner as may be prescribed by the appropriate government on the situation relating to safety or health at work at any workplace or class of workplaces or into the effect of work activity on the health of the employees and other persons within and in the vicinity of the workplace5 of 19085(3) the officer directed or committee appointed under sub-section (2) to hold an inquiry, shall have the powers of a civil court under the code of civil procedure, 1908, for the purposes of enforcing the attendance of witnesses and compelling the production of documents and material objects, and may also so far as may be necessary for the purposes of the inquiry, exercise such powers of an inspector-cum-facilitator under this code as may be necessary(4) the central government may make rules for regulating the procedure of inquiries and other related matters under this sectionpublication of reports10| 114 | the appropriate government may, if it thinks fit, cause to be published any report ||----------------------------------------------------------------------------------------|--------------------------------------------------------------------------------------|| submitted to it by the national board or state advisory board or any extracts from any | || report submitted to it under this code | || 115 | the central government may give directions to a state government for the || implementation of the provisions of this code | || powers of | || central | || government | || to give | || directions | |15| 116 ||---------------------------------------------------------------------------------------|| relating to any manufacturing or commercial business or any working process which may || come to his knowledge in the course of his official duties || general || restriction || on disclosure || of || information |20| ( | 2 ||--------------------------------------------------------------------------------------------------|----------------------------------------------------------------------------------------|| the previous consent in writing of the owner of the business or process or for the purposes | || of any legal proceeding (including adjudication or arbitration), pursuant to any of the relevant | || statutory provisions or of any criminal proceeding or proceeding before a tribunal under this | || code which may be taken, whether pursuant to any of the relevant statutory provisions or | || otherwise, or for the purposes of any report of any such proceedings | || jurisdiction | || of civil | || courts barred | || 117 | no civil court shall have jurisdiction in respect of any matter to which any provision || of this code applies and no injunction shall be granted by any civil court in respect of | || anything which is done or intended to be done by or under this code | |25| 118 ||------------------------------------------------------------------------------------------|| anything which is in good faith done or intended to be done in pursuance of this code or || any rule or regulation or bye-laws order made thereunder || protection || of action || taken in || good faith |30| ( ||------------------------------------------------------------------------------------------|| board or committees constituted under this code or any member of such board or any || officer or employee of the government or the board or any other person authorised by the || government or any board or committee, for any damage caused or likely to be caused by || anything which is in good faith done or intended to be done in pursuance of this code or || any rule or regulation or bye-laws order made or issued thereunder |35power to exempt in special cases119 the appropriate government may, by notification and subject to suchconditions and restrictions, if any, and for such period or periods as may be specified in the notification, direct that all or any of the provisions of this code or the rules or the regulations made thereunder shall not apply to or in relation to any establishment or class of establishments40| 120 ||---------------------------------------------------------------------------------------------|| exempt any workplace or work activity or class thereof from all or any of the provisions of || this code for such period and subject to such conditions as it may think fit: || power to || exempt || during public || emergency || provided that no such notification shall be made for a period exceeding three months || at a time |45explanation—for the purposes of this section 'public emergency' means a graveemergency whereby the security of india or any part of the territory thereof is threatened, whether by war or external aggression or internal disturbancepower to exempt public institution121 the appropriate government may exempt, subject to such conditions as it mayconsider necessary, any workshop or workplace where a manufacturing process is carried on and which is attached to a public institution maintained for the purposes of education, training, research or information, from all or any of the provisions of this code:5 10provided that no such exemption shall be granted from the provisions relating tohours of work and holidays unless the persons having the control of the institution submit, for the approval of the appropriate government, a scheme of the regulation of the hours of employment, intervals for meals, and holidays of the persons employed in or attending the institution or who are inmates for the institution, and the appropriate government is satisfied that the provisions of the scheme are not less favourable than the corresponding provisions of this code45 of 1860122 every person required to give any notice or to furnish any information to any authority in relation to the provisions of this code shall be legally bound to do so within the meaning of section 176 of the indian penal codepersons required to give notice, etc, legally bound to do so15123 the central government may, by notification, amend any schedule by way ofaddition, alteration or omission therein and on any such notification being issued, the schedule shall be deemed to be amended accordinglypower of central government to amend schedule power to remove difficulties20124 (1) if any difficulty arises in giving effect to the provisions of this code, thecentral government may, by order published in the official gazette, make such provisions not inconsistent with the provisions of this code, as appears to it to be necessary or expedient for removing the difficulty:provided that no such order shall be made after the expiry of two years from the date on which this code comes into force(2) every order made under this section shall, as soon as may be after it is made, be laid before each house of parliament25125 (1) the appropriate government may, subject to the condition of previous publication and by notification, make rules for carrying out the purposes of this codepower of appropriate governmentto makerules(2) in particular and without prejudice to the generality of the foregoing power, suchrules may provide for all or any of the following matters, namely:—30(a) income from the sources under explanation to clause (w) of sub-section (1)of section 2;(b) to prescribe the substance as hazardous substance under clause (z) ofsub-section (1) of section 2;(c) the late fee under the proviso to sub-section (1) of section 3;35(d) the manner of submitting application under sub-section (2) of section 3 andthe form of such application and the particulars to be contained therein and the fees to be accompanied therewith;40(e) the form and manner of sending the notice and the authority to whom thenotice shall be sent and the manner of intimating the authority under sub-section (1)of section 5;(f) test free of cost to such employees of such age or such class of establishments under clause (c) of sub-section (1) of section 6;(g) the information to be included in the letter of appointment under clause (f) ofsub-section (1) of section 6;(h) the nature of bodily injury and the form of notice and the time within which the notice shall be sent under sub-section (1) of section 10;(i) nature of dangerous occurrence and the form of notice, the time within whichand the authority to which notice shall be given under section 11;5(j) the form of notice related to certain diseases and the time within which thenotice shall be sent to the authority under sub-section (1) of section 12;(k) the form and manner of the report and the time within which such report shallbe sent to the office of the chief inspector-cum-facilitator under sub-section (2) ofsection 12;10(l) such other duties of employees under clause (g) of section 13; (m) the manner of constituting a safety committee and the manner and thepurpose for choosing the representative of the employer and the workers in the safety committee under sub-section (1) of section 22;15(n) the qualifications, duties and number of safety officers under sub-section (2)of section 22;(o) condition for exemption of workers from weekly and compensatory holidaysunder sub-section (2) of section 26;(p) circumstances for exemption from restriction on double employment in factoryand mine under section 30;20(q) the form and manner of display of such notice and the manner in which suchnotice is sent to the inspector-cum-facilitator under sub-section (2) of section 31;(r) the form of registers and particulars of workers under clause (a) of section 33;(s) the manner and form of displaying notices under clause (b) of section 33;25(t) the manner of filing return to the inspector-cum-facilitator under clause (d)of section 33;(u) the manner of conducting inspection including web based inspection undersub-section (2) of section 34;(v) the qualification and experience of chief inspector-cum-facilitator undersub-section (3) of section 34;30(w) the manner of taking samples of any article or substance found in anypremises under clause (x) of sub-section (1) of section 35;(x) the powers and duties of inspector-cum-facilitator under clause (xiv) ofsub-section (1) of section 35;35(y) the qualification, experience, duties and responsibilities of experts to beempaneled under section 37;(z) the manner of providing alternative employment under sub-clause (d) ofclause (a) of sub-section (1) of section 38;(za) the qualification for the appointment of medical practitioner and otherestablishment under sub-section (1) of section 42;40(zb) other establishment and the dangerous occupation or processes underclause (a) of sub-section (2) of section 42;(zc) medical supervision and any other establishment in respect of illness underclause (b) of sub-section (2) of section 42;45(zd) examination and certification of adolescent for his fitness for employment and any other establishment under clause (c) of sub-section (2) of section 42;(ze) any other condition to be observed by the employer under section 43; (zf) conditions as to hours of work, fixation of wages and other essential amenities in respect of contract labour under clause (a) of sub-section (3) of section 47;(zg) the particulars for great of licence under sub-section (1) of section 48;5(zh) the procedure for grant of licence under sub-section (2) of section 48; (zi) manner of applying for the renewal of licence and the manner of renewal of licence under sub-section (3) of section 48;(zj) information regarding work order for supply or engagement of contract labour under sub-section (1) of section 50;10(zk) to suspend or cancel the licence in such manner for contract labour under sub-section (2) of section 50;(zl) the period before which the wages shall be paid under sub-section (1) of section 55;15(zm) the manner of certifying the amounts paid as wages under proviso to sub-section (2) of section 55 ;(zn) the format of issuing experience certificate under section 56; (zo) the conditions relating to number of employees, depth of excavation and other matter under clause (a) of sub-section (1) of section 65;20(zp) the conditions relating to workings, opencast workings and explosives under clause (b) of sub-section (1) of section 65;(zq) any other common facilities for liability of owner of premises under section 75;(zr) from of application for establishment of factory involving hazardous process under sub-section (2) of section 78;25(zs) the appellate authority against the order of inspector-cum-facilitator of factory under section 85;(zt) for exemption, extent of exemption and conditions subject to which such exemption in respect of any worker or class of worker in an establishment or class of establishments under sub-section (2) of section 86;30(zu) rules selecting to overtime hours under sub-section (3) of section 86;(zv) the manner of holding inquiry by the adjudicating officer under sub-section (1) of section 104;(zw) the manner of compounding of offence under sub-section (1) of section 106;35(zx) any other matter which is required to be, or may be, prescribed under this code 126 (1) the central government may, subject to the conditions of previous publication and by notification, make rules for carrying out the purposes of this codepower of central government to make rules40(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 authority under sub-clause (iii) of clause (zo) of sub-section (1) ofsection 2;(b) to define the occupier in case of owner of dock under proviso of sub-clause(iii) of clause (zo) of sub-section (1) of section 2;(c) form of certificate of registration, the time within which and the conditions subject to which such certificates shall be issued under sub-section (3) of section 3;5(d) other particulars and form under sub-section (4) of section 3;(e) the manner of informing closing of establishment and certifying payment tothe registering officer under sub-section (5) of section 3;(f) procedure of national board and the officers and staff thereof undersub-section (3) of section 16;10(g) the number of members, qualifications and terms and conditions of serviceunder sub-section (4) of section 16;(h) the number of members of technical committees or advisory committees andtheir qualifications under sub-section (5) of section 16;(i) health and working conditions under sub-section (1) of section 23;(j) welfare facilities for the workers under sub-section (1) of section 24;15(k) to define "running time" in relation to a working day under explanation (a)of sub-section (1) of section 25;(l) the hours of work for working journalist under sub-section (2) of section 25; (m) other kinds of leave under clause (i) of sub-section (3) of section 25;20(n) the maximum period of accumulating leave under clause (ii) ofsub-section (3) of section 25;(o) the limit up to which the earned leave may be availed of at a time and thereasons for which such leave may be exceeding under clause (iii) of sub-section (3) ofsection 25;25(p) conditions and restrictions for entitlement of cash compensation underclause (iv) of sub-section (3) of section 25;(q) powers and duties of district magistrate under section 36; (r) requisite qualifications or criteria under sub-section (1) of section 47;(s) period of renewal of licence under sub-section (2) of section 47;30(t) specify the name and such other particulars under clause (b) of sub-section (2)section of 63;(u) authority to whom the information relating to audio-visual programme by theproducer under sub-section (3) of section 63;(v) the matter which may be save and the qualifications of sole manager under sub-section (1) of section 64;(w) to declare the mines and part threeof for the purpose of applicability of the provisions of this code under sub-section (2) of section 65;(x) for the grant of common lincence under section 111;(y) qualification under clause (g) of section 1285(z) the language of the bye-laws under sub-section (7) of section 131;127 (1) the state government may, subject to the conditions of previous publication and by notification, make rules for the matters relating to the factories, plantation and any other matter for the carrying out the provision of this code by the state governmentpower of state government to make rules10(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 constitution, procedure and other matters relating to state advisoryboard under sub-section (2) of section 17;(b) the number of members and their qualifications under sub-section (3) ofsection 17;15(c) the form of application and the payment of fees under sub-section (2) ofsection 69;(d) the manner of preparing the plan of the place of premises under sub-section (3)of section 69;(e) other matter under clause (e) of sub-section (4) of section 69;20(f) fees under sub-section (6) of section 69; (g) the time of filing appeal, fees and the appellate authority under section 70; (h) the form of application by the employee under sub-section (1) of section 71;(i) form of maintaining the record of the work under sub-section (2) ofsection 71;25(j) rules for manner and approval, licensing of factories under sub-section (1)of section 74;(k) mode of submission of application under sub-section (2) of section 74; (l) limit for replacement of any plant or machinery under explanation tosection 74;30(m) the manner of disclosing information by occupier of a factory under sub-section (1) of section 79;(n) the interval of informing chief inspector-cum-facilitator and the local authority about the policy relating to hazardous process of a factory under sub-section (2) of section 79;35(o) the form and manner of informing chief inspector-cum-facilitator undersub-section (5) of section 79;(p) the manner of publicising among the workers and the general public living in the vicinity of the factory including a hazardous process under sub-section (7) of section 79;5(q) maintain health and medical records of the workers and the conditions foraccessibility by workers engaged in hazardous process under clause (a) of section 80;(r) the qualification and experience of persons handling hazardous substanceand manner of providing necessary facilities for protecting the workers under clause (b)of section 80;10(s) the manner of providing medical examination of a worker under sub-clause (ii)of clause (c) of section 80;(t) the maximum permissible limit of exposure of chemical and toxic substancesin manufacturing process in any factory under section 83;(u) any other matter which has to be, or may be, prescribed15(3) the central government may, by notification and in consultation with the state government, make rules for the purposes of bringing uniformity, throughout the country, in occupational safety, health or such other matters as it considers necessary in respect of factories128 the central government may, by notification in the official gazette, make regulations consistent with this code for all or any of the following purposes, namely:—20(a) for prescribing the qualifications required for appointment as chiefinspector-cum-facilitator or inspector-cum-facilitator;power of central government to make regulations in relation to mines and dock work(b) for prescribing and regulating the duties and powers of the chiefinspector-cum-facilitator and of inspector-cum-facilitators in regard to the inspection of mines under this code;25(c) for prescribing the duties of owners, agents and managers of mines and ofpersons acting under them, and for prescribing the qualifications (including age) of agents and managers of mines and of persons acting under them;(d) for requiring facilities to be provided for enabling managers of mines andother persons acting under them to efficiently discharge their duties;30(e) for regulating the manner of ascertaining, by examination or otherwise, thequalifications of managers of mines and persons acting under them, and the granting and renewal of certificates of competency;(f) for fixing the fees, if any, to be paid in respect of such examinations and of thegrant and renewal of such certificates;35(g) for determining the circumstances in which and the conditions subject towhich it shall be lawful for more mines than one to be under a single manager, or for any mines to be under a manager not having the prescribed qualifications;405 of 1908(h) for providing for inquiries to be made under this code, including any inquiry relating to misconduct or incompetence on the part of any person holding a certificate under this code and for the suspension or cancellation of any such certificate and for providing, wherever necessary, that the person appointed to hold an inquiry 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;4 of 1884(i) for regulating, subject to the provisions of the indian explosives act, 1884, and of any rules made thereunder, the storage, conveyance and use of explosives;5(j) for prohibiting, restricting or regulating the employment of women in mines or in any class of mines or on particular kinds of labour which are attended by danger to the life, safety or health of such persons and for limiting the weight of any single load that may be carried by any such person;(k) for providing for the safety of the persons employed in a mine, their means of entrance there into and exit there from, the number of shafts or outlets to be furnished, and the fencing of shafts, pits, outlets, pathways and subsidences;10(l) for prohibiting the employment in a mine either as manager or in any other specified capacity of any person except persons paid by the owner of the mine and directly answerable to the owner or manager of the mine;(m) for providing for the safety of the roads and working places in mines, including the sitting, maintenance and extraction or reduction of pillars or blocks of minerals and the maintenance of sufficient barriers between mine and mine;15(n) for the inspection of workings and sealed off fire-areas in a mine, and for the restriction of workings in the vicinity of the sea or any lake or river or any other body of surface water, whether natural or artificial, or of any public road or building, and for requiring due precaution to be taken against the irruption or inrush of water or other liquid matter into, outbreak of fire in or premature collapse of, any workings;20(o) for providing for the ventilation of mines and the action to be taken in respect of dust, fire, and inflammable and noxious gases, including precautions against spontaneous combustion, underground fire and coal dust;9 of 1910 25(p) for regulating, subject to the provisions of the indian electricity act, 1910, and of any rules made thereunder, the generation, storage, transformation, transmission and use of electricity in mines and for providing for the care and the regulation of the use of all electrical apparatus and electrical cables in mines and of all other machinery and plant therein;30(q) for regulating the use of machinery in mines, for providing for the safety of persons employed on or near such machinery and on haulage roads and for restricting the use of certain classes of locomotives underground;(r) for providing for proper lighting of mines and regulating the use of safety lamps therein and for the search of persons entering a mine in which safety lamps are in use;35(s) for providing against explosions or ignitions of inflammable gas or dust or irruptions of or accumulations of water in mines and against danger arising there from and for prohibiting, restricting or regulating the extraction of minerals in circumstances likely to result in the premature collapse of workings or to result in or to aggravate the collapse of workings or irruptions of water or ignitions in mines;4045(t) for specifying type of accidents for the purposes of notice under section 10and for specifying the notices of accidents and dangerous occurrences, and the notices, reports and returns of mineral output, persons employed and other matters provided for by regulations, to be furnished by owners, agents and managers of mines, and for prescribing the forms of such notices, returns and reports, the persons and authorities to whom they are to be furnished, the particulars to be contained in them, and the time within which they are to be submitted;(u) for requiring owners, agents and managers of mines to have fixed boundaries for the mines, for prescribing the plans and sections and field notes connected therewith to be kept by them and the manner and places in which such plans, sections and field notes are to be kept for purposes of record and for the submission of copies thereof to the chief inspector-cum-facilitator, and for requiring the making of fresh surveys and plans by them, and in the event of non-compliance, for having the survey made and plans prepared through any other agency and for the recovery of expenses thereof in the same manner as an arrear of land revenue;5(v) for regulating the procedure on the occurrence of accidents or accidental explosions or ignitions in or about, mines for dealing effectively with the situation(w) for specifying the form of, and the particulars to be contained in, the notice to be given by the owner, agent or manager of a mine under section 5;109 of 1890| ( ||----------------------------------------------------------------------------------------|| mine before mining operations are commenced at or extended to any point within || forty-five meters of any railway subject to the provisions of the indian railways act, || 1890 or of any public roads or other works as the case may be, which are maintained by || the government or any local authority; || 15 |9 of 1890| ( ||--------------------------------------------------------------------------------------|| discontinued, of property vested in the government or any local authority or railway || company as defined in the indian railways act, 1890; |20(z) for requiring protective works to be constructed by the owner, agent ormanager of a mine before the mine is closed, and in the event of non-compliance, for getting such works executed by any other agency and for recovering the expenses thereof from such owner in the same manner as an arrear of land revenue;25(za) for requiring the fencing of any mine or part of a mine or any quarry, incline, shaft, pit or outlet, whether the same is being worked or not, or any dangerous or prohibited area, subsidence, haulage, tramline or pathway, where such fencing is necessary for the protection of the public;(zb) for specifying the number of officials to be appointed; (zc) for specifying the qualifications of the officials to be appointed; (zd) for specifying the qualifications and experience of the agents; (ze) for specifying the period during which the agent shall be resident in india;30(zf) for specifying duties and responsibilities of suppliers, designers, importerand contractors for safety in mines;(zg) for requiring the owners, agents and managers of mines to formulate, maintainand enforce safety management plan in their mines;35(zh) for requiring the managers of mines to formulate and implement codes of practice or standard operating procedure in respect of any machinery or operation used in the mines;(zi) for providing for the safety in opencast mines and associated operations and machineries used therein;(zj) for regulating the extraction of methane from working or abandoned coal mines or from virgin coal seam;40(zk) for specifying the forms of returns which shall be filed by the establishments or the class of establishments under this code;45(zl) for the general requirement relating to the construction, equipping and maintenance for the safety of working places on shore, ship, dock, structure and other places at which any dock work is carried on;(zm) for the safety of any regular approaches over a dock, wharf, quay or other places which dock workers have to use for going for work and for fencing of such places and projects;5(zn) for the efficient lighting of all areas of dock, ship, any other vessel, dock structure or working places where any dock work is carried on and of all approaches to such places to which dock workers are required to go in the course of their employment;(zo) providing and maintaining adequate ventilation and suitable temperature in every building or an enclosure on ship where dock workers are employed;(zp) providing for the fire and explosion prevention and protection;10(zq) providing for safe means of access to ships, holds, stagings, equipment, lifting appliances and other working places;(zr) providing for the safety of workers engaged in the opening and closing of hatches, protection of ways and other openings in the docks which may be dangerous to them;15(zs) providing for the safety of workers on docks from the risk of falling overboard being struck by cargo during loading or unloading operations;(zt) providing for the construction, maintenance and use of lifting and other cargo handling appliances and services, such as, pallets containing or supporting loads and provision of safety appliances on them, if necessary;20(zu) providing for the safety of workers employed in freight container terminals or other terminals for handling unitised cargo;(zv) providing for the fencing of machinery, live electrical conductors, steam pipes and hazardous openings;(zw) providing for the construction, maintenance and use of staging;25(zx) providing for the rigging and use of ship's derricks; (zy) providing for the testing, examination, inspection and certification as appropriate of loose gears including chains and ropes and of slings and other liftings devices used in the dock work;30(zz) providing for the precautions to be taken to facilitate escape of workers when employed in a hold, bin, hopper or the like or between decks of a hold while handling coal or other bulk cargo;(zza) providing for the measures to be taken in order to prevent dangerous methods of working in the stacking, unstacking, stowing and unstowing of cargo or handling in connection therewith;35(zzb) providing for the handling of dangerous substances and working in dangerous or harmful environments and the precautions to be taken in connection with such handling;(zzc) providing for the work in connection with cleaning, chipping, painting, operations and precautions to be taken in connection with such work;40(zzd) providing for the employment of persons for handling cargo, handling appliances, power operated hatch covers or other power operated ship's equipment, such as, door in the hull of a ship, ramp, retraceable car deck or similar equipment or to give signals to the drivers of such machinery;(zze) providing for the transport of dock workers;45(zzf) providing for the precautions to be taken to protect dock workers against harmful effects of excessive noise, vibrations and air pollution at the work place;(zzg) providing for protective equipment or protective clothing;(zzh) providing for the sanitary, washing and welfare facilities; (zzi) providing for—(i) the medical supervision;5(ii) the ambulance rooms, first aid and rescue facilities and arrangementsfor the removal of dock workers to the nearest place of treatment;(iii) the safety and health organisation; and(iv) the training of dock workers and for the obligations and rights of thedock workers for their safety and health at the work place;10(zzj) providing for the investigation of occupational accidents, dangerousoccurrences and diseases, specifying such diseases and the forms of notices, the persons and authorities to whom, they are to be furnished, the particulars to be contained in them and the time within which they are to be submitted;15(zzk) providing for the submission of statement of accidents, man-days lost,volume of cargo handled and particulars of dock workers; and(zzl) any other matter which has to be, or may be, prescribedprior publication of rules, etc129 the power to make rules, regulations, and bye-laws under this code shall be subject to the condition of the previous publication of the same being made, in the following manner, namely:—20(a) the date to be specified after a draft of rule, regulation, standard and byelaws proposed to be made will be taken under consideration, shall not be less than forty-five days from the date on which the draft of the proposed rule, regulation, standard and bye-laws is published for general information;25(b) rule, regulation, standard and bye-laws shall be published in the officialgazette and, on such publication, shall have effect as if enacted in this code30power to make regulationwithoutprevious publication130 notwithstanding anything contained in section 130, regulations under section 129may be made without previous publication and without reference to the national occupational safety health advisory board constituted under sub-section (1) of section 16 if the central government is satisfied that for the prevention of apprehended danger or the speedy remedy of conditions likely to cause danger it is necessary in making such regulations to dispense with the delay that would result from such publication and reference:provided that any regulations so made shall be sent to the said national occupational safety health advisory board for information and shall not remain in force for more than one year from the making thereofbye-laws35 40131 (1) the employer of a mine may, and shall, if called upon to do so by the chiefinspector-cum-facilitator or inspector-cum-facilitator, to frame and submit to the chief inspector-cum-facilitator or inspector-cum-facilitator a draft of such by-laws, not being inconsistent with this code or any regulations or rules for the time being in force, governing the use of any particular machinery or the adoption of a particular method of working in the mine, as the employer may deem necessary to prevent accidents and provide for the safety, convenience and discipline of the persons employed in the mine(2) if any such employer—(a) fails to submit within two months a draft of bye-laws after being called uponto do so by the chief inspector-cum-facilitator or inspector-cum-facilitator, or45(b) submits a draft of bye-laws which is not in the opinion of the chief inspectorcum-facilitator or inspector-cum-facilitator sufficient, the chief inspector-cum- facilitator or inspector-cum-facilitator may—(i) propose a draft of such bye-laws as appear to him to be sufficient; or (ii) propose such amendments in any draft submitted to him by theemployer as will, in his opinion, render it sufficient, and shall send such draft bye-laws or draft amendments to the employer for consideration5 10(3) if within a period of two months from the date on which any draft bye-laws or draft amendments are sent by the chief inspector-cum-facilitator or inspector-cum-facilitator to the employer under the provisions of sub-section (2), the chief inspector-cum-facilitator or inspector-cum-facilitator and the employer are unable to agree as to the terms of the bye-laws to be made under sub-section (1), the chief inspector-cum-facilitator or inspectorcum-facilitator shall refer the draft bye-laws for settlement to the technical committee constituted under sub-section (5) of section 16 in respect of mines15(4) when such draft bye-laws have been agreed to by the employer and the chief inspector-cum-facilitator or inspector-cum-facilitator, or, when they are unable to agree, have been settled by the committee constituted under sub-section (5) of section 16 in respect of mines, a copy of the draft bye-laws shall be sent by the chief inspector-cum- facilitator or inspector-cum-facilitator to the central government for approval:provided that the central government may make such modification of the draft byelaws as it thinks fit:20 25provided further that before the central government approves the draft bye-laws, whether with or without modifications, there shall be published, in such manner as the central government may think best adapted for informing the persons affected, a notice of the proposal to make the bye-laws and of the place where copies of the draft bye-laws may be obtained, and of the time (which shall not be less than thirty days) within which any objections with reference to the draft by-laws, made by or on behalf of persons affected should be sent to the central government(5) every objection under second proviso to sub-section (4) shall be in writing and shall state—(i) the specific grounds of objections, and (ii) the omissions, additions or modifications asked for30(6) the central government shall consider any objection made within the required time by or on behalf of persons appearing to it to be affected, and may approve the bye-laws either in the form in which they were published or after making such amendments thereto as it thinks fit35(7) the bye-laws, when so approved by the central government, shall have effect as if enacted in this code, and the employer shall cause a copy of the bye-laws, in english and in such other language or languages as may be prescribed by the central government, to be posted up in some conspicuous place at or near the mine, where the bye-laws may be conveniently read or seen by the persons employed; and, as often as the same become defaced, obliterated or destroyed, shall cause them to be renewed with all reasonable dispatch40(8) the central government may, by order in writing rescind, in whole or in part, any bye-laws so made, and thereupon such bye-law shall cease to have effect accordingly45laying of regulations, rules and bye-laws, etc, before parliament132 every standard, rule, regulation and bye-laws made by the central government under this code 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 regulation, rule or bye-law or both houses agree that the regulation, rule or bye-law should not be made, the regulation, rule or bye-law 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 regulation, rule or bye-law, as the case may be133 every rule made by the state government under this code shall be laid, as soon as may be, after it is made, before the state legislativelaying of rules made by state government5repeal and savings134 (1) the following acts shall stand repealed with effect from such date as may be notified in this behalf, namely:—63 of 1948(a) the factories act, 1948;35 of 1952(b) the mines act, 1952;54 of 1986(c) the dock workers (safety, health and welfare) act, 1986;1027 of 1996(d) the building and other construction workers (regulation of employmentand conditions of service) act, 1996;69 of 1951(e) the plantations labour act, 1951;37 of 1970(f) the contract labour (regulation and abolition) act, 1970;30 of 1979(g) the inter-state migrant workmen (regulation of employment and conditionsof service) act, 1979;1545 of 1955(h) the working journalist and other news paper employees (conditions ofservice and miscellaneous provision) act, 1955;29 of 1958(i) the working journalist (fixation of rates of wages) act, 1958;27 of 1961(j) the motor transport workers act, 1961;11 of 1976(k) the sales promotion employees (conditions of service) act, 1976;2032 of 1966(l) the beedi and cigar workers (conditions of employment) act, 1966;50 of 1981(m) the cine workers and cinema theatre workers act, 198125(2) every chief inspector, additional chief inspector, joint chief inspector, deputychief inspector, inspector and every other officer appointed for the purposes under any of the provisions of the enactments repealed by this code, shall be deemed to have been appointed under this code for such purposes under this code30(3) notwithstanding such repeal, anything done or any action taken under theenactments so repealed (including any rule, regulation, bye-laws, notification, nomination, appointment, order or direction made thereunder) shall be deemed to have been done or taken under the corresponding provisions of this code and shall be in force to the extent they are not contrary to the provisions of this code till they are repealed by the central government10 of 189735(4) without prejudice to the provisions of sub-section (2), provisions of section 6 of the general clauses act, 1897 shall apply to the repeal of such enactment the first schedule [see section 2(y)] list of industries involving hazardous processes1 ferrous metallurgical industries-integrated iron and steel -ferro-alloys -special steels2 non-ferrous metallurgical industries-primary metallurgical industries, namely, zinc, lead, copper, manganese and aluminium3 foundries (ferrous and non-ferrous)-castings and forgings including cleaning or smoothening/roughening by sand and shot blasting4 coal (including coke) industries-coal, lignite, coke, etc-fuel gases (including coal gas, producer gas, water gas)5 power generating industries 6 pulp and paper (including paper products) industries 7 fertiliser industries-nitrogenous -phosphatic-mixed8 cement industries-portland cement (including slag cement, puzzolona cement and their products)9 petroleum industries-oil refining-lubricating oils and greases10 petro-chemical industries 11 drugs and pharmaceutical industries-narcotics, drugs and pharmaceuticals12 fermentation industries (distilleries and breweries) 13 rubber (synthetic) industries 14 paints and pigment industries 15 leather tanning industries 16 electro-plating industries 17 chemical industries-coke oven by-products and coaltar distillation products-industrial gases (nitrogen, oxygen, acetylene, argon, carbondioxide, hydrogen, sulphur dioxide, nitrous oxide, halogenated hydrocarbon, ozone, etc)-industrial carbon-alkalies and acids -chromates and dichromates -lead and its compounds-electrochemicals (metallic sodium, potassium and magnesium, chlorates, perchlorates and peroxides)-electrothermal produces (artificial abrasive, calcium carbide) -nitrogenous compounds (cyanides, cyanamides and other nitrogenous compounds)-phosphorous and its compounds -halogens and halogenated compounds (chlorine, fluorine, bromine and iodine) -explosives (including industrial explosives and detonators and fuses)18 insecticides, fungicides, herbicides and other pesticides industries 19 synthetic resin and plastics 20 man made fibre (cellulosic and non-cellulosic) industry 21 manufacture and repair of electrical accumulators 22 glass and ceramics 23 grinding or glazing of metals 24 manufacture, handling and processing of asbestos and its products 25 extraction of oils and fats from vegetable and animal sources 26 manufacture, handling and use of benzene and substances containing benzene 27 manufacturing processes and operations involving carbon disulphide 28 dyes and dyestuff including their intermediates 29 highly flammable liquids and gases the second schedule[see section 18(2)(f)]list of matters:(i) fencing of machinery; (ii) work on or near machinery in motion; (iii) employment of adolescents on dangerous machines; (iv) striking gear and devices for cutting off power;(v) self acting machines; (vi) casing of new machinery; (vii) prohibition of employment of women and children near cotton openers;(viii) hoists and lifts;(ix) lifting machines, chains, ropes and lifting tackles;(x) revolving machinery; (xi) pressure plant; (xii) floors, stairs and means of access; (xiii) pits, sumps, openings in floors and other similar indentation of area; (xiv) safety officers; (xv) protection of eyes; (xvi) precautions against dangerous fumes, gases, etc; (xvii) precautions regarding the use of portable electric light; (xviii) explosive or inflammable dust, gas, etc; (xix) safety committee; (xx) power to require specifications of defective parts or tests of stability; (xxi) safety of buildings and machinery; (xxii) maintenance of buildings; (xxiii) prohibition in certain cases of danger; (xxiv) notice in respect of accidents; (xxv) court of inquiry in case of accidents; (xxvi) safety management in plantation; (xxvii) the general requirement relating to the construction, equipments and maintenance for the safety of working places on shore, ship, dock, structure and other places at which any dock work is carried on;(xxviii) the safety of any regular approaches over a dock, wharf, quay or other places which dock worker have to use for going for work and for fencing of such places and projects;(xxix) the efficient lighting of all areas of dock, ship, any other vessel, dock structure or working places where any dock work is carried on and of all approaches to such places to which dock workers are required to go in the course of their employment;(xxx) adequate ventilation and suitable temperature in every building or an enclosure on ship where dock workers are employed;(xxxi) the fire and explosion preventions and protection; (xxxii) safe means of access to ships, holds, stagings, equipment, appliances and other working places;(xxxiii) the construction, maintenance and use of lifting and other cargo handling appliances and services, such as, pallets containing or supporting loads and provision of safety appliances on them, if necessary;(xxxiv) the safety of workers employed in freight container terminals of other terminals for handing unitized cargo;(xxxv) the fencing of machinery, live electrical conductors, steam pipes and hazardous openings;(xxxvi) the construction, maintenance and use of staging; (xxxvii) the rigging and use of ship's derricks; (xxxviii) the testing, examination, inspection and certification as appropriate of'loose gears including chains and ropes and of slings and other lifting devices used in the dock work;(xxxix) the precautions to be taken to facilitate escape of workers when employed in a hold, bin, hopper or the like or between decks of a hold while handing coal of other bulk cargo;(xl) the measures to be taken in order to prevent dangerous methods of' working in the stacking, unstacking, stowing and unstowing of cargo or handing in connection therewith;(xli) the handling of dangerous substances and working, in dangerous or harmful environments and the precautions to be taken in connection with such handling;(xlii) the work in connection with cleaning, chipping painting, operations and precautions to be taken in connection with such work;(xliii) the employment of persons for handling cargo, handling appliances, power operated batch covers or other power operated ship's equipment such as, door in the hull of a ship, ramp, retraceable car deck or similar equipment or to give signals to the drivers of such machinery;(xliv) the transport of dock workers; (xlv) the precautions to be taken to protect dock workers against harmful effects of excessive noise, vibration and air pollution at the work place;(xlvi) protective equipment and protective clothing; (xlvii) the sanitary, washing and welfare facilities; (xlviii) the medical supervision;(xlix) the ambulance rooms, first aid and rescue facilities and arrangements for the removal of dock workers to the nearest place of treatment;(l) the investigation of occupational accidents, dangerous occurrences and diseases, specifying such diseases and the forms of' notices, the persons and authorities to whom, they are to be furnished, the particulars to be contained in them and the time within which they are to be submitted; and(li) the submission of statement of accidents, man-days lost, volume of cargo handled and particulars of dock workers(lii) the safe means of access to, and the safety of, any working place, including the provision of suitable and sufficient scaffolding at various stages when work cannot be safely done from the ground or from any part of a building or from a ladder or such other means of support;(liii) the precautions to be taken in connection with the demolition of the whole or any substantial part of a building or other structure under the supervision of a competent person child the avoidance of danger from collapse of any building or other structure while removing any part of the framed building or other structure by shoring or otherwise;(liv) the handling or use of explosive under the control of competent persons so that there is no exposure to the risk of injury from explosion or from flying material;(lv) the erection installation, use and maintenance of transporting equipment, such as locomotives, trucks, wagons and other vehicles and trailers and appointment of competent persons to drive or operate such equipment;(lvi) the erection, installation, use and maintenance of hoists, lifting appliances and lifting gear including periodical testing and examination and heat treatment where necessary, precautions to be taken while raising or lowering loads, restrictions on carriage of persons and appointment of competent persons on hoists or other lifting appliances;(lvii) the adequate and suitable lighting of every workplace and approach thereto, of every place where raising or lowering operations with the use of hoists, lifting appliances or lifting gears are in progress and of all openings dangerous to building workers employed;(lviii) the precautions to be taken to prevent inhalation of dust, fumes, gases or vapours during any grinding, cleaning, spraying or manipulation of any material and steps to be taken to secure and maintain adequate ventilation of every working place or confined space;(lix) the measures to be taken during stacking or unstacking, stowing or unstowing of materials or goods or handling in connection therewith;(lx) the safeguarding of machinery including the fencing of every fly-wheel and every moving part of prime mover and every part of transmission or other machinery, unless it is in such a position or of such construction as to be safe to every worker working only of the operations and as if it were securely fenced:(lxi) the safe handling and use of plant, including tools and equipment operated by compressed air:(lxii) the precaution to be taken in case of fire; (lxiii) the limits of weight to be lifted or moved by workers; (lxiv) the safe transport of workers to or from any workplace by water and provision of means for rescue from drowning;(lxv) the steps to be taken to prevent danger to workers from live electric wires or apparatus including electrical machinery and tools and from overhead wires;(lxvi) the keeping of safety nets, safety sheets and safety belts where the special nature or the circumstances of work render them necessary for the safety of the workers;(lxvii) the standards to be complied with regard to scaffolding, ladders and stairs, lifting appliances, ropes, chains and accessories, earth moving equipment and floating operational equipments;(lxviii) the precautions to be taken with regard to pile driving, concrete work, work with hot asphalt, tar or other similar things, insulation work, demolition operations, excavation, underground construction and handling materials;(lxix) the safety policy, that is to say, a policy relating to steps to be taken to ensure the safety and health of the building workers, the administrative arrangements therefore and the matters connected therewith, to be framed by the employers and contractors for tile operations to be carried on in a building or other construction work;(lxx) emergency standards for enforcement of suitable standards in respect of hazardous processes in a factory;(lxxi) the maximum permissible threshold limits of exposure of chemical and toxic substances in manufacturing processes (whether hazardous or otherwise) in any factory;(lxxii) lightning; (lxxiii) any other matter which is the central government considers under the circumstance for better working condition for safety at the work place the third schedule [see section 12(1)] list of notifiable diseases1 lead poisoning, including poisoning by any preparation or compound of leador their sequelae2 lead-tetra-ethyle poisoning 3 phosphorus poisoning or its sequelae 4 mercury poisoning or its sequelae 5 manganese poisoning or its sequelae 6 arsenic poisoning or its sequelae 7 poisoning by nitrous fumes 8 carbon bisulphide poisoning 9 benzene poisoning, including poisoning by any of its homologues, their nitroor amido derivatives or its sequelae10 chrome ulceration or its sequelae 11 anthrax 12 silicosis 13 poisoning by halogens or halogen derivatives of the hydrocarbons of thealiphatic series14 pathological manifestations due to— (a) radium or other radio-active substances; (b) x-rays 15 primary epitheliomatous cancer of the skin 16 toxic anaemia 17 toxic jaundice due to poisonous substances 18 oil acne or dermatitis due to mineral oils and compounds containing mineraloil base19 byssionosis 20 asbestosis 21 occupational or contact dermatitis caused by direct contract with chemicalsand paints these are of two types, that is, primary irritants and allergic sensitizers22 noise induced hearing loss (exposure to high noise levels) 23 beriyllium poisoning 24 carbon monoxide poisoning 25 coal miners' pneumoconiosis 26 phosgene poisoning 27 occupational cancer 28 isocyanates poisoning 29 toxic nephritis statement of objects and reasonsthe second national commission on labour (the commission) had submitted its report on "occupational safety, health and working conditions of the workers" in june, 2002 in pursuance of the recommendations of the said commission, it has become necessary to enact a central legislation in the form of a code, namely the occupational safety, health and working conditions code, 2019 which incorporates the essential features of the thirteen enactments relating to factories, mines, dock workers, building and other construction workers, plantations labour, contract labour, inter-state migrant workmen, working journalist and other news paper employees, motor transport workers, sales promotion employees, beedi and cigar workers, cine workers and cinema theatre workers and to repeal the respective enactments it provides broader legislative framework to secure just and humane conditions of work with flexibility and to provide enabling provisions for making rules and regulations in tune with the emerging technologies2 the occupational safety, health and working conditions code, 2019 simplifies, amalgamates and rationalises the provisions of thirteen enactments in the aforesaid areas and to comprise them in a concise volume with certain important changes the salient features of the said code, inter alia, provides for the following, namely:––(i) to impart flexibility in adapting dynamic factors and technological changes, in the matters relating to health, safety, welfare and working conditions of workers;(ii) to apply the provisions of the proposed code for all establishments having ten or more workers, other than the establishments relating to mines and docks;(iii) to expand––(a) the ambit of the provisions relating to working conditions of cine and theatre workers to include them in the digital audio-visual workers encompassing all forms of electronic media;(b) the scope of journalists to include them in electronic media such as in e-paper establishment or in radio or in other media;(c) the scope of inter-state migrant workers to include therein the workers recruited or engaged by an employer directly, from one state to another state for employment in his establishment;(d) the definition of "family" to include therein the dependent grandparents in order to take care of them in old age;(iv) to provide the concept of "one registration" for all establishments having ten or more employees;(v) to constitute "the national occupational safety and health advisory board"to give recommendations to the central government on policy matters, relating to occupational safety, health and working conditions of workers;(vi) to constitute "the state occupational safety and health advisory board"at the state level to advice the state government on such matters arising out of the administration of the proposed code;(vii) to make a provision for the constitution of "safety committee" by the appropriate government in any establishment or class of establishments;(viii) to allow the women employees to work at night, that is, beyond 7 pm and before 6am subject to the conditions relating to safety, holiday, working hours and their consent;(ix) to make a provision of "common license" for factory, contract labour and beedi and cigar establishments and to introduce the concept of a single all india license for five years for engaging the contract labour;(x) to enable the courts to give a portion of monetary penalties upto fifty per cent to the worker who is a victim of accident or to the legal heirs of such victim in the case of his death; and(xi) to make a provision for adjudging the penalties imposed under the code3 the notes on clauses explain in detail the various provisions contained in the code4 the code seeks to achieve the aforesaid objectivesnew delhi;santosh kumar gangwarthe 16th july, 2019 notes on clausesclause 1 of the bill relates to short title, extent, commencement and application of the occupational safety, health and working conditions codeclause 2 of the code relates to the definition of certain expressions used in the proposed codeclause 3 of the code relates to the procedure for the registration of certain establishmentsclause 4 of the code relates to the provision of appeal against the order of the registering officer under clause 3clause 5 of the code relates to the notice by employer for the commencement and cessation of the operation of any industry, trade, business, manufacture or occupation in the concern establishmentclause 6 of the code relates to the duties of employer clause 7 of the code relates to the duties and responsibilities of owner, agent and manager in relation to mineclause 8 of the code relates to the duties of manufacturers, designer, importers or suppliersclause 9 of the code relates to the duties of architects, project engineers and designers in respect of building or other construction work, project or part thereofclause 10 of the code relates to the notice of certain accidents at any place in an establishment by the employer or owner or agent or managerclause 11 of the code relates to the notice of certain dangerous occurrences by the employer to the authorities determined by the appropriate government by rulesclause 12 of the code relates to the notice of certain diseases specified in the third schedule to the codeclause 13 of the code relates to the duties of the employees at workplace clause 14 of the code relates to the rights of employee to obtain the information from the employerclause 15 of the code relates to the duty not to interfere with or misuse things which is provided in the interest of health, safety or welfareclause 16 of the code relates to the constitution of national occupational safety and health advisory board and the constitution of technical committees or advisory committees to assist the national boardclause 17 of the code relates to the constitution of state occupational safety and health advisory board and the committee to assist the boardclause 18 of the code empowers the central government to declare standards on occupational safety and health for work placesclause 19 of the code relates to the research related activities in the area of occupational safety and health so as to conduct research, experiments and demonstrationsclause 20 of the code relates to the safety and occupational health surveys by the director general of factory advice service, director general of mines safety, director general of health service and other officers authorised by the appropriate governmentclause 21 of the code relates to the statistics clause 22 of the code relates to the constitution of safety committee and appointment of safety officersclause 23 of the code relates to the responsibility of employer for maintaining health and working conditionsclause 24 of the code relates to impose responsibility on the employer to provide and maintain the welfare facilitiesclause 25 of the code relates to the weekly and daily working hours, leave, etc clause 26 of the code relates to the weekly and compensatory holidays to the workers clause 27 of the code relates to the extra wages for overtime clause 28 of the code relates to the provisions regarding night shifts clause 29 of the code relates to the prohibition of overlapping shifts and arrangement of the system of shiftsclause 30 of the code relates to the restriction on double employment in factory and mineclause 31 of the code relates to the notice of periods of work clause 32 of the code relates to the provision of annual leave with wages in an establishmentclause 33 of the code relates to maintenance of registers and records and filing of returns by the employer electronically or otherwise in accordance with the rules made by the appropriate governmentclause 34 of the code relates to the appointment of inspector-cum-facilitators and chief inspector-cum-facilitatorclause 35 of the code relates to the powers of inspector-cum-facilitators which includes power to enter to work place, examine the premises, etc, inquire into any accident or dangerous occurrence, etc, with necessary details in this regardclause 36 of the code relates to the powers and duties of district magistrate in respect of minesclause 37 of the code relates to the third party audit and certification by the empanel expertsclause 38 of the code relates to the special powers of inspector-cum-facilitator in respect of factory, mines and dock work and building and other construction workclause 39 of the code relates to the secrecy of information by chief inspector-cum-facilitator or inspector-cum-facilitator, etcclause 40 of the code relates to the facilities to be afforded to the inspector-cum-facilitator such facilities shall be provided by the employer of the establishmentclause 41 of the code relates to the powers of special officer to enter, measure, etc, in relation to mineclause 42 of the code relates to the appointment of the medical officer clause 43 of the code relates to the employment of women in night subject to the conditions to safety, holidays and working hours with the consent of such women before 6 am and beyond 7 pmclause 44 of the code relates to the prohibition of employment of women in dangerous operationclause 45 of the code relates to the details of the applicability of part i of chapter xiof the proposed codeclause 46 of the code relates to the appointment of licensing officers who shall be the gazetted officers of the appropriate government for the purpose of part i, chapter xi of the proposed codeclause 47 of the code relates to the licensing of contractors clause 48 of the code relates to the grant of license clause 49 of the code relates to the provisions that the contractor shall not charge directly or indirectly, in whole or in part, any fee or commission from the contract labourclause 50 of the code relates to the information regarding work order to be given to the appropriate governmentclause 51 of the code relates to revocation, suspension and amendment of licence clause 52 of the code relates to the provisions of the appeal such appeal shall be made by the aggrieved person against the order made in respect of licensing of contractor, grant of licence and revocation, suspension and amendment of licenceclause 53 of the code relates to the liability of principal employer for welfare facilities relating to providing of canteens, rest rooms, drinking water and first aidclause 54 of the code relates to the effect of employing contract labour from a nonlicenced contractor in case of employment of contract labour through such contractor shall be deemed to be employed by the principal employerclause 55 of the code relates to the responsibility for payment of wages clause 56 of the code relates to the experience certificate to be given by the concerned contractor or principal employer of the establishment concerned to the contract labour annually or as and when demanded giving details therein of the work performed by the contract labourclause 57 of the code relates to the prohibition of employment of contract labourthe appropriate government is empowered under this clause to impose restriction in respect of the employment, after consultation with the national board or a state advisory boardclause 58 of the code relates to the power to exempt in special cases such exemption relating to provisions of the proposed code or the rules made thereunder shall be made by the appropriate government, in the case of an emergency as specified in the clauseclause 59 of the code relates to the facilities to inter-state migrant workers such facilities shall be provided by the employer of an establishment employing inter-state migrant worker for the purposes as specified in the clauseclause 60 of the code relates to displacement allowance such allowance shall be paid by the contractor to the inter-state migrant worker at the time of recruitment which shall be equal to fifty per cent of the monthly wages payable to the workers, and so paid amount shall not be refundable and shall be in addition to the wages or other amount payable to the workerclause 61 of the code relates to the journey allowance, etc such journey allowance shall be confined from the place of residence of the inter-state migrant workers in his state to the place of work in the other state and vice versa and shall be payable by the contractorclause 62 of the code relates to the past liabilities on the completion of the period of employment of the inter-state migrant worker, the past liabilities deemed to have been extinguished and shall not be recoverable by the principal employer or the contractorclause 63 of the code relates to the prohibition of employment of audio-visual worker without agreement such agreement shall be in writing and between the audio-visual worker and the producer of audio-visual programme or between producers of the audiovisual programme with the contractor and shall be registered with the competent authorityclause 64 of the code relates to the managers in mine subject to the rules made in this behalf, every mine shall be under the sole manager the clause also provides the responsibility of a managerclause 65 of the code relates to non-applicability of the code in certain cases such as excavation in mine being made for prospecting purposes only and not for the purpose of obtaining minerals for use or sale subject to the conditions specified in the clause and in case the mine engaged in the extraction of kankar, murrum, laterite, boulder, gravel, shingle, ordinary sand, etc, as specified in the codeclause 66 of the code relates to the exemption from provision of the code regarding employment such exemptions or in case of emergency involving serious risk to the safety of the mine or of persons employed therein, or in case of an accident, or in case of any act of god or in case of any urgent work to be done to machinery, plant or equipment of the mine as a result of breakdown of such machinery plant or equipmentclause 67 of the code relates to the employment of persons below eighteen years of age it provides that no person below eighteen years of age shall be allowed to work in any mine or part thereof but in case of apprentices and other trainees, such age limit is not below sixteen yearsclause 68 of the code relates to decision of question whether any excavation or working or premises in or adjacent to and belonging to a mine on which any process ancillary to the getting, dressing or preparation for sale of minerals or of coke is being carried on in a mine shall be decided by the secretary to the government of india and a certificate given by him in this behalf shall be conclusiveclause 69 of the code relates to provide licence to industrial premises and personwithout licence no employer shall use or allow to use any place or premisesclause 70 of the code relates to appeals a person aggrieved by the decision of the competent authority refusing to grant or renew a licence or cancelling or suspending a licence may, within the prescribed time and with prescribed fee, appeal to such authority notified by the state governmentclause 71 of the code relates to permission to work by employees outside industrial premises such permission shall be granted by the state government and the employer shall maintain the record of the work permitted to be carried on outside the industrial premisesclause 72 of the code relates to non-applicability of part iv relating to beedi and cigar workersclause 73 of the code relates to prohibition of employment of certain persons in certain building or other construction work the employer shall not allow the person who is deaf, of defective vision or has a tendency to giddiness to work in any operation of building or other construction work as specified in the clauseclause 74 of the code relates to approval and licensing of factories the registration and licensing shall be made in accordance with the rules framed by the appropriate governmentclause 75 of the code relates to liability of owner of premises in certain circumstancesthe owner of the premises and occupier of the factories utilising common facilities shall jointly and severally be responsible for provision and maintenance of the common facilities and services as specified in the clauseclause 76 of the code relates to power to apply the proposed code certain premisesthe provision of part vi of the proposed code shall apply to any place wherein manufacturing process is carried on with or without the aid of power irrespective of the number of workers working in the factory by the appropriate government by notificationclause 77 of the code relates to dangerous operation in this respect, the appropriate government may make the rule relating to any factory or class or description of factories in which manufacturing process is carried on in which exposes any of the persons employed in it to a serious risk of bodily injury, poisoning or disease as specified in the clauseclause 78 of the code relates to constitution of site appraisal committee the site appraisal committee constituted under this clause shall make its recommendation within a period of ninety days of the receipt of the application for grant of permission for the initial location of a factory involving a hazardous process or for the expansion of such factory, etcclause 79 of the code relates to compulsory disclosure of information by the occupierthe disclosure shall be in the manner provided by the state government in the rules and as specified in the clauseclause 80 of the code relates to the specific responsibility of the occupier in relation to hazardous process such responsibility of the occupier of a factory involving hazardous process relates to maintaining accurate and up-to-date health recordsclause 81 of the code relates to national board to inquire into certain situations specified in the clause in such situation, the central government may direct the national board to inquire into the standards of health and safety observed in the factory with a view to finding out the causes of the failure or neglect in the adoption of any measures or standards as per rulesclause 82 of the code relates to emergency standards the central government may direct the directorate general occupational safety and health formerly known as directorate general of factory advice service and labour institutes or any institution authorised in matters relating to standards of safety in hazardous processes, to lay down emergency standards for enforcement of suitable standards in respect of the hazardous processesclause 83 of the code relates to permissible limits of exposure of chemicals and toxic substances the maximum permissible limits in any factory shall be of the value as may be in the rules by the state governmentclause 84 of the code relates to right of workers to warn about imminent danger in the case of reasonable apprehension of imminent danger, the workers may bring the same in the notice of the occupier, agent, manager, or any other person who is incharge of the factory or the person concerned directly or through their representatives in the safety committee and simultaneously bring the same to the notice of the inspector-cum-facilitatorclause 85 of the code relates to appeal against the order of inspector-cum-facilitator in case of factory the details regarding appeal shall be provided by the state government in the rulesclause 86 of the code relates to the power to make exempting rules and order this clause provides for defining by rules made by the appropriate government defining the persons who hold positions of supervision or management or employed in a confidential position in a factoryclause 87 of the code relates to the general penalty for offences such offences are those offences which are not expressly provided under the other provisions of the proposed codeclause 88 of the code relates to the punishment for causing obstruction to chief inspector-cum-facilitator or inspector-cum-facilitator etcclause 89 of the code relates to penalty for non-maintenance of register, records and non-filing of returns, etcclause 90 of the code relates to punishment for contravention of provisions of the proposed code or any rules, regulation, or bye-laws, etc it also provides enhanced punishment in case of repetition of such offences after convictionclause 91 of the code relates to punishment for falsification of records, etc clause 92 of the code relates to penalty for omission to furnish plans, etc, without reasonable excuse and the burden of proof lies on the person making the omissionclause 93 of the code relates to punishment for disclosure of information the details regarding the information have been specified in the clauseclause 94 of the code relates to penalty for wrongfully disclosing results of analysisthe details of the disclosure have been specified in the clauseclause 95 of the code relates to penalty for contravention of the provisions of duties relating to hazardous processes as specified in the clauseclause 96 of the code relates to penalty for contravention of the provisions of duties relating to safety provisions resulting in an accidentclause 97 of the code relates to punishment for working in contravention of any general or special order issued under the provisions of clause 38clause 98 of the code relates to punishment for failure to appoint manager in contravention of the provision of the clause 64clause 99 of the code relates to offences by employees clause 100 of the code relates to prosecution of owner, agent or manager of a mine as specified in the clauseclause 101 of the code relates to exemption of owner, agent or manager of a mine or occupier of a factory from liability in certain cases such cases are that the owner, agent or manager or occupier proves to the satisfaction of the court that he has exercise due diligence to enforce execution of the proposed court or that the other person committed the offence in question without his knowledge, consent or connivanceclause 102 of the code relates to offences by companies, etc, under the circumstances specified in the clause 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 accordinglyclause 103 of the code relates to limitation of prosecution and cognizance of offence under the proposed codeclause 104 of the code relates to power of officers of appropriate government to impose penalty in certain cases such cases are offences under the proposed code in which only fine is the penaltyclause 105 of the code relates to jurisdiction of a court for entertaining proceedings, etc, for offence the jurisdiction of the court shall be the place where the establishment is for the time being situatedclause 106 of the code relates to the power of court to make order such order relates to the awarding punishment requiring the offender within a period specified in the orderclause 107 of the code relates to compounding of offences under the provision, the offences in which only fine is punishment, are compoundableclause 108 of the code relates to delegation of powers in delegation, the conditions subject to which the delegation would be made, may be specifiedclause 109 of the code relates to onus as to age the burden of onus is on the accused to prove that such person is not under such ageclause 110 of the code relates to onus of proving limits of what is practicable, etcthis relates to the failure to comply with the duty to do something, it shall be for the person who is alleged to have failed to comply with such duty or requirement, to prove that it was not reasonably practicable or all practicable measures were taken to satisfy the duty or requirementclause 111 of the code relates to common licence for contractor, factories and to industrial premises and personclause 112 of the code relates to effect of law and agreements inconsistent with the proposed codeclause 113 of the code relates to power of the appropriate government to direct inquiry in certain cases such cases relate to event of the occurrence of an accident in an establishment which has caused or had the potentiality to cause serious danger to employees and other persons within, and in the vicinity of the workplace or whether immediate or delayed, or any occupational disease as specified in the third scheduleclause 114 of the code relates to publication of reports such reports are the reports, submitted to the appropriate government by the national board or state advisory board or any extracts from any report submitted to it under the proposed codeclause 115 of the code relates to powers of central government to give directions to state government for the implementation of the provisions of the proposed codeclause 116 of the code relates to general restriction on disclosure of information clause 117 of the code relates to barring of the jurisdiction of civil courts in respect of the matters to which any provision of the proposed code applies and no injunction shall be granted by any civil court in respect of anything which is done or intended to be done by or under the proposed codeclause 118 of the code relates to protection to the person from legal proceeding if action is taken in good faith in pursuance of the proposed codeclause 119 of the code relates to power to exempt in special cases as specified in the clauseclause 120 of the code relates to power to exempt during public emergency clause 121 of the code relates to power to exempt public institution such institution, workshop or workplace where a manufacturing process is carried on and which is attached to a public institution maintained for the purposes of education, training, research or information, from all or any of the provisions of the proposed codeclause 122 of the code relates to persons required to give notice, etc, legally, bound to do so within the meaning of section 176 of the indian penal codeclause 123 of the code relates to power of central government to amend the schedule by way of addition, alteration or omission thereinclause 124 of the code relates to power of central government to remove difficulties by the order published in the official gazetteclause 125 of the code relates to power of appropriate government to make rules subject to condition of previous publication and by notification, for carrying out the purposes of the proposed codeclause 126 of the code relates to power of the central government to make rules subject to condition of previous publication and by notification, for carrying out the purposes of the proposed codeclause 127 of the code relates to power of the state government to make rules subject to condition of previous publication and by notification, for carrying out the purposes of the proposed codeclause 128 of the code relates to power of central government to make regulations in relation to mines and dock work by notification in the official gazette which shall be consistent with the proposed codeclause 129 of the code relates to prior publication of rules, etc the power to make rules, regulations, and bye-laws under the proposed code shall be subject to the condition of the previous publicationclause 130 of the code relates to power to make regulation without previous publication the matters in which regulations shall be made are specified in the clauseclause 131 of the code relates to frame bye-laws the employer of a mine is empowered to made bye-laws as specified in the clauseclause 132 of the code relates to laying of regulations, rules and bye-laws, etc, before parliamentclause 133 of the code relates to laying of rules made by state government before the state legislatureclause 134 of the code relates to repeal and savings the enactments which are being repealed are enumerated in the clause every chief inspector, additional chief inspector, joint chief inspector, deputy chief inspector, inspector and every other officer appointed for the purposes under any of the provisions of the enactments repealed by the proposed code, shall be deemed to have been appointed under the proposed code for such purposes under the proposed code certain actions under the repealed enactments have also been saved financial memorandumthe provisions of the occupational safety, health and working conditions code, 2019 does not involve any expenditure, either recurring or non-recurring, from the consolidated fund of india memorandum regarding delegated legislationclause 125 of the code seeks to empower the appropriate government, by notification and subject to condition of previous publication, to make rules for carrying out the provisions of this code in particular, and without prejudice to the generality of the foregoing powers, such rules may provide for—(a) income from the sources under explanation to clause (x) of sub-section (1) of section 2; (b) to prescribe the substance as hazardous substance under clause (za) of sub-section (1) of section 2; (c) the late fee under the proviso to sub-section (1) of section 3; (e) the form and manner of sending the notice and the authority to whom the notice shall be sent and the manner of intimating the authority under sub-section (1) of section 5; (f) test free of cost to such employees of such age or such class of establishments under clause (c) of sub-section (1) of section 6; (g) the information to be included in the letter of appointment under clause (f) sub-section (1) of section 6; (h) the nature of bodily injury and the form of notice and the time within which the notice shall be sent under sub-section (1) of section 10; (i) nature of dangerous occurrence and the form of notice, the time within which and the authority to which notice shall be given under section 11; (j) the form of notice related to certain diseases and the time within which the notice shall be sent to the authority under sub-section (1) of section 12; (m) the manner of constituting a safety committee and the manner and the purpose for choosing the representative of the employer and the workers in the safety committee under sub-section (1) of section 22; (o) condition for exemption of workers from weekly and compensatory holidays under sub-section (2) of section 26; (q) the form and manner of display of such notice and the manner in which such notice is sent to the inspector-cum-facilitator under sub-section (2) of section 31; (t) the manner of filing return to the inspector-cum-facilitator under clause (d) of section 33; (u) the manner of conducting inspection including web based inspection under sub-section (2) of section 34; (v) the qualification and experience of chief inspector-cum-facilitator under sub-section (3) of section 34; (y) the qualification, experience, duties and responsibilities of experts to be empanelled under section 37; (za) the qualification for the appointment of medical practitioner and other establishment under sub-section (1) of section 42; (zd) examination and certification of adolescent for his fitness for employment and any other establishment under clause (i) of sub-section (2) of section 42; (zf) conditions as to hours of work, fixation of wages and other essential amenities in respect of contract labour under clause (a) of sub-section (3) of section 47clause 126 of the code seeks to empower the central government, by notification and subject to condition of previous publication, to make rules for carrying out the provisions of this code in particular, and without prejudice to the generality of the foregoing powers, such rules may provide for—(a) the authority under sub-clause (iii) of clause (zo)of sub-section (1) of section 2; (b) to define the occupier in case of owner of dock under proviso of clause (zo) of sub-section (1) of section 2; (c) form of certificate of registration, the time within which and the conditions subject to which such certificates shall be issued under sub-section (3) of section 3; (d) other particulars and form under sub-section (4) of section 3; (e) the manner of informing closing of establishment and certifying payment to the registering officer; (f) procedure for constitution of the national board and the officers and staff thereof and the number of members, qualifications and terms and conditions of service, members of technical committees or advisory committees and their qualifications; (i) health and working conditions under sub-section (1) of section 23; (j) welfare facilities for the workers under sub-section (1) of section 24; (m) the hours of work for working journalist under sub-section (3) of section 25; (n) other kinds of leave under clause (i) of sub-section (4) of section 25; (o) the maximum period of accumulating leave under clause (ii) sub-section (4) of section 25; (q) conditions and restrictions for entitlement of cash compensation under clause (iv) of sub-section (4) of section 25; (r) powers and duties of district magistrate under section 36; (u) the form and manner for issuing a licence and such other particulars under sub-section (1) of section 48; (w) application for renewal of the licence and procedure of renewal of licence by the licensing officer under sub-section (3) of section 48; (y) authority to whom the information relating to audio-visual programme by the producer under sub-section (3) of section 63; (z) the matter which may be save and the qualifications of sole manager under sub-section (1) of section 64clause 127 of the code seeks to empower the state government, by notification and subject to condition of previous publication, to make rules for carrying out the provisions of this code in particular, and without prejudice to the generality of the foregoing powers, such rules may provide for—(a) the constitution, procedure and other matters relating to state advisory board under sub-section (2) of section 17; (d) the manner of preparing the plan of the place of premises under sub-section (3) of section 69; (g) the time of filing appeal, fees and the appellate authority under section 70; (j) rules for manner and approval, licensing of factories under sub-section (1) of section 74; (m) form of application for establishment of factory involving hazardous process under sub-section (1) of section 78; (n) the manner of disclosing information by occupier of a factory under sub-section (1) of section 79; (r) maintain health and medical records of the workers and the conditions for accessibility by workers engaged in hazardous process under clause (a) of section 80; (u)the maximum permissible limit of exposure of chemical and toxic substances in manufacturing process in any factory under section 83; (v) rules relating to the persons who hold position of supervision or management or employed in confidential position in a factory under sub-section (1) of section 86clause 128 of the code seeks to empower the central government, by notification and subject to condition of previous publication, to make regulations in relation to mines and dock work in particular, and without prejudice to the generality of the foregoing powers, such regulations may provide for—(a) for prescribing the qualifications required for appointment as chief inspector-cum-facilitator or inspector-cum-facilitator; (c) for prescribing the duties of owners, agents and managers of mines and of persons acting under them, and for prescribing the qualifications (including age) of agents and managers of mines and of persons acting under them; (f) for fixing the fees, if any, to be paid in respect of such examinations and of the grant and renewal of such certificates; (g) for determining the circumstances in which and the conditions subject to which it shall be lawful for more mines than one to be under a single manager, or for any mines to be under a manager not having the prescribed qualifications; (h) for providing for inquiries to be made under this code including any inquiry relating to misconduct or incompetence on the part of any person holding a certificate under this code and for the suspension or cancellation of any such certificate and for providing, wherever necessary, that the person appointed to hold an inquiry 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; (q) "for regulating the use of machinery in mines, for providing for the safety of persons employed on or near such machinery and on haulage roads and for restricting the use of certain classes of locomotives underground; (u) for requiring owners, agents and managers of mines to have fixed boundaries for the mines, for prescribing the plans and sections and field notes connected there with to be kept by them and the manner and places in which such plans, sections and field notes are to be kept for purposes of record and for the submission of copies thereof to the chief inspector-cum- facilitator, and for requiring the making of fresh surveys and plans by them, and in the event of non-compliance, for having the survey made and plans prepared through any other agency and for the recovery of expenses thereof in the same manner as an arrear of land revenue; (zi) for providing for the safety in opencast mines and associated operations and machineries used therein; (zk) for specifying the forms of returns which shall be filed by the establishments or the class of establishments under this code; (zy) providing for the testing, examination, inspection and certification as appropriate of loose gears including chains and ropes and of slings and other lifting devices used in the dock work; (zzb)providing for the handling of dangerous substances and working in dangerous or harmful environments and the precautions to be taken in connection with such handling; (zzk) providing for the submission of statement of accidents, man-days lost, volume of cargo handled and particulars of dock workers2 the matters in respect of which the said rules and regulations may be made are matters of procedure and administrative detail, and as such, it is not practicable to provide for them in the proposed code itself the delegation of legislative power is, therefore, of a normal character———— a billto consolidate and amend the laws regulating the occupational safety, health and workingconditions of the persons employed in an establishment and the matters connected therewith or incidental thereto————[shri santosh kumar gangwar, minister of state for labour and employment,(independent charge)] | Parliament_bills | 80737925-5ff4-54a0-aba6-7a42a57dec86 |
bill no 31 of 2017 the wild life (protection) amendment bill, 2017 byshri gaurav gogoi, mpa billfurther to amend the wild life (protection) act, 1972be it enacted by parliament in the sixty-eighthyear of the republic of india as follows:—1 (1) this act may be called the wild life (protection) amendment act, 2017short title and commencement(2) it shall come into force on such date as the central government may, by notificationin the official gazette, appoint "chapter ivdinsertion of new chapter iv d national rhino conservation authoritydefinitions38za in this chapter,—5(a) "national rhino conservation authority" means the rhino conservation authority constituted under section 38zb;(b) "steering committee" means the committee constituted under section 38zj; (c) "rhino conservation foundation" means the foundation established undersection 38zm;(d) "rhino reserve state" means a state having rhino reserve; and10(e) "rhino reserve" means the area notified as such under section 38zk38zb (1) the central government shall constitute an authority to be known as the national rhino conservation authority (hereinafter in this chapter referred to as the rhino conservation authority), to exercise the powers conferred on, and to perform the functions assigned to it under this actconstitution of national rhino conservation authority15(2) the rhino conservation authority shall consist of the following members, namely:—(a) the minister in charge of the ministry of environment, forest and climate change—chairperson;(b) the minister of state in the ministry of environment, forest and climate change—vice chairperson;20(c) two members of parliament of whom one shall be elected by the house of the people and one by the council of states;(d) four experts or professionals having prescribed qualifications and experience in conservation of wildlife and welfare of people living in rhino reserve out of which at least one shall be from the field of tribal development;25(e) secretary, ministry of environment, forest and climate change; (f) director general of forests and special secretary, ministry of environment, forest and climate change;(g) director, wild life preservation, ministry of environment, forest and climate change;30(h) three chief wild life wardens from the rhino reserve states in rotation for three years;(i) an officer not below the rank of joint secretary and legislative counsel from the ministry of law and justice;35(j) an officer not below the rank of joint secretary from the ministry of home affairs;(k) secretary, ministry of tourism;(l) secretary, ministry of tribal affairs; (m) secretary, ministry of social justice and empowerment; (n) chairperson, national commission for the scheduled tribes; (o) chairperson, national commission for the scheduled castes;40(p) secretary, ministry of panchayati raj;(q) inspector general of forests or an officer of the equivalent rank having at least ten years of experience in a rhino reserve or wildlife management, who shall be the member-secretary, to be notified by the central government, in the official gazette5(3) it is hereby declared that the office of member of the rhino conservation authority shall not disqualify its holder for being chosen as, or for being, a member of either house of parliament38zc (1) a member nominated under clause (d) of sub-section (2) of section 38zbshall hold office for such period not exceeding three years:10term of office and conditions of service of membersprovided that a member may, by writing under his hand addressed to the central government, resign from his office(2) the central government shall remove a member referred to in clause (d) of sub-section (2) of section 38zb, from office if he—(a) is, or at any time has been, adjudicated as insolvent;15(b) has been convicted of an offence which, in the opinion of the central government, involves moral turpitude;(c) is of unsound mind and stands so declared by a competent court; (d) refuses to act or becomes incapable of acting; (e) is, without obtaining leave of absence from the rhino conservation authority, absent from three consecutive meetings of the said authority; or20(f) has, in the opinion of the central government, so abused his position as to render his continuation in office detrimental to the public interest: provided that no member shall be removed under this sub-section unless he has been given a reasonable opportunity of being heard in the matter25(3) any vacancy in the office of a member shall be filled by fresh appointment and such member shall continue for the remainder of the term of the member in whose place he is appointed30 (4) the salaries and allowances and other conditions of appointment of the members of the rhino conservation authority shall be such as may be prescribed(5) no act or proceeding of the rhino conservation authority shall be questioned or shall be invalid on the ground merely of the existence of any vacancy or defect in the constitution of the rhino conservation authority38zd (1) the rhino conservation authority shall have the following powers and perform the following functions, namely:—35powers and functions of the rhino conservation authority(a) to approve the rhino conservation plan prepared by the state government under sub-section (3) of section 38zk of this act;(b) to evaluate and assess various aspects of sustainable ecology and disallow any ecologically unsustainable land use such as, mining, industry and other projects within the rhino reserves;40(c) to lay down normative standards for tourism activities and guidelines for project rhino from time to time for rhino conservation in the buffer and core area of rhino reserves and ensure their due compliance;(d) to provide for management focus and to emphasise on co-existence in forest areas outside the national parks, sanctuaries or rhino reserve, in the working plan45code;(e) to provide information on protection measures including future conservation plan, estimation of population of rhino, status of habitats, disease surveillance, mortality survey, patrolling, reports on untoward happenings and such other management aspects as it may deem fit including future plan conservation;5(f) to approve, co-ordinate research and monitoring on rhino, habitat relatedecological and socio-economic parameters and their evaluation;(g) to ensure that the rhino reserves and areas linking one protected area orrhino reserve with another protected area or rhino reserve are not diverted for ecologically unsustainable uses, except in public interest and with the approval of the national board for wildlife and on the advice of the rhino conservation authority10(h) to facilitate and support the rhino reserve management in the state forbio-diversity conservation initiatives through eco-development and people's participation as per approved management plans and to support similar initiatives in adjoining areas consistent with the central and state laws;15(i) to ensure critical support including scientific, information technology andlegal support for better implementation of the rhino conservation plan;(j) to facilitate ongoing capacity building programme for skill development ofofficers and staff of rhino reserves;20(k) to coordinate with foreign countries and international organizations regardingconservation of rhinos and their habitat by technology sharing and monitoring methods and also in regard to measures against poaching of rhinos;(l) to promote awareness of greater one-horned rhinos and their importance as apart of school education and conduct awareness campaigns across the country about rhinos and their conservation; and25(m) to perform such other functions as may be necessary to carry out the purposesof this act with regard to conservation of rhinos and their habitat30(2) the rhino conservation authority may, in the exercise of its powers and performance of its functions under this chapter, issue directions in writing to any person, officer or authority for the protection of rhino or rhino reserves and such person, officer or authority shall be bound to comply with the directions:provided that no such direction shall interfere with or affect the rights of local people particularly the scheduled tribes38ze (1) the rhino conservation authority shall meet at such time and at such place as the chairperson may think fitmeetings of the rhino conservation authority and its regulations35(2) the chairperson or in his absence the vice-chairperson shall preside over themeetings of the rhino conservation authority40(3) the rhino conservation authority shall regulate its own procedure (4) all orders and decisions of the rhino conservation authority shall be authenticated by the member-secretary or any other officer of the said authority duly authorised by the member-secretary in this behalf38zf (1) the central government may, after due appropriation made by parliament by law in this behalf, make to the rhino conservation authority grants and loans of such sums of money as that government may consider necessary45(2) there shall be constituted a fund to be called the rhino conservation authority fund and there shall be credited thereto—(i) any grants and loans made to the rhino conservation authority by the central government;central government to provide grants to the rhino conservation authority and constitution of rhino conservation authority fund(ii) all fees and charges received by the rhino conservation authority under this act; and(iii) all sums received by the authority from such other sources as may bedecided upon by the central government5(3) the fund referred to in sub-section (2) shall be applied for meeting salary, allowances and other remuneration of the members, officers and other employees of the rhino conservation authority and the expenses of the rhino conservation authority incurred in the discharge of its functions under this chapter1038zg (1) the rhino conservation authority shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed by the central government in consultation with the comptroller and auditor- general of indiamaintenance of accounts and audit by comptroller and auditor general of india(2) the accounts of the rhino conservation authority shall be audited by the comptroller and auditor-general of india at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the rhino conservation authority to the comptroller and auditor-general of india15 20(3) the comptroller and auditor-general of india and any other person appointed byhim in connection with the audit of the accounts of the rhino conservation authority shall have the same rights and privileges and authority in connection with such audit as the comptroller and auditor-general generally has in connection with the audit of the government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect the office of the rhino conservation authority25(4) the accounts of the rhino conservation authority as certified by the comptroller and auditor-general of india or any other person appointed by him in this behalf together with the audit report thereon shall be forwarded annually to the central government by the rhino conservation authorityannual report of rhino conservation authority38zh the rhino conservation authority shall prepare in such form and at such time, for each financial year, as may be prescribed, its annual report, giving a full account of its activities during the previous financial year and to forward a copy thereof to the central government30annual report and audit report to be laid before parliament38zi the central government shall cause the annual report together with amemorandum of action taken on the recommendations contained therein, in so far as they relate to the central government, and the reasons for the non-acceptance, if any, of any of such recommendations, and the audit report to be laid, as soon as may be after the reports are received, before each house of parliament35constitution of the steering committee38zj (1) the state government may constitute a steering committee for ensuringcoordination, monitoring, protection and conservation of rhino in the rhino range state(2) the steering committee shall consists of—(a) the chief minister—chairperson; (b) the minister in-charge of wildlife—vice-chairperson; (c) the minister of home affairs;40(d) the dirctor general of police;(e) such number of official members not exceeding three including at least one field directors of rhino reserve or director of national park and one from the state government's department dealing with tribal affairs;45(f) two experts or professionals having qualifications and experience inconservation of wildlife of which one shall be from the field of tribal development;(g) one member from the state's tribal advisory council; (h) one representative each from state government's departments dealing with panchayati raj and social justice and empowerment;5(i) chief wildlife warden of the state shall be the member-secretary, to be notified by the state government, in the official gazette38zk (1) the state governmetn shall, on the recommendation of the rhino conservation authority, notify an area as a rhino reserverhino conservation plan(2) the provisions of sub-section (2) of section 18, sub-sections (2), (3) and (4) of section 27, section 30, section 32 and clauses (b) and (c) of section 33 of this act shall, as far as may be, apply in relation to a rhino reserve as they apply in relation to a sanctuary10(3) the state government shall prepare a rhino conservation plan including staff development and deployment plan for the proper management of each area referred to in sub-section (1), so as to ensure—15(a) ecologically compatible land uses in the rhino reserves and areas linking one protected area or rhino reserve with another for addressing the livelihood concerns of local people;(b) the forestry operations of regular forest divisions and those adjoining rhino reserves are not incompatible with the needs of rhino conservation20(4) subject to the provisions contained in this act, the state government shall while preparing a rhino conservation plan, ensure the agricultural, livelihood, developmental and other interests of the people living in rhino bearing forests or a rhino reserveexplanation—for the purposes of this section, the expression "rhino reserve"includes—25(i) core rhino habitat areas of national parks and sanctuaries, where it has been established, on the basis of scientific and objective criteria, that such areas are required to be kept as inviolate for the purposes of rhino conservation, without affecting the rights of the scheduled tribes or such other forest dwellers, and notified as such by the state government in consultation with an expert committee constituted for the purpose;30 35(ii) buffer or peripheral area consisting of the area peripheral to core area, identified and established in accordance with the provisions contained in explanation (i) above, where a lesser degree of habitat protection is required to ensure the integrity of the rhino habitat with adequate dispersal for rhino species, and which aim at promoting co-existence between wildlife and human activity with due recognition of the livelihood, developmental, social and cultural rights of the local peoplerhino reserve alterantion and de-notification38zl (1) no alteration in the boundaries of a rhino reserve shall be made except on a recommendation of the rhino conservation authority and the approval of the national board for wildlife(2) no state government shall de-notify a rhino reserve, except in public interest with the approval of the rhino conservation authority and the national board for wildlife40establishment of rhino conservation foundation38zm (i ) the state government shall establish a rhino conservation foundation for rhino reserves within the state in order to facilitate and support their management for conservation of rhino and biodiversity and, to take initiatives in eco-development by involvement of people in such development process(2) the rhino conservation foundation shall, have the following objectives:—45(a) to facilitate ecological, economic, social and cultural development in the rhino reserves;(b) to promote eco-tourism with the involvement of local stakeholder communities and provide support to safeguard the natural environment in the rhino reserves;(c) to facilitate the creation of, and or maintenance of, such assets as may benecessary for fulfilling the above said objectives;5(d) to solicit technical, financial, social, legal and other support required for theactivities of the foundation for achieving the above said objectives;(e) to augment and mobilise financial resources including recycling of entry andsuch other fees received in a rhino reserve, to foster stakeholder develpokent and eco-tourism;10(f) to support research, environmental education and training in the above relatedfields"amendment of section 513 in section 51 of the principal act, after sub-section (1d), the following sub-sections shall be inserted, namely:—1520"(1e) any person, who commits an offence in relation to the core area of a rhino reserve or where the offence relate to hunting in the rhino reserve or altering the boundaries of the rhino reserve, such offence shall be punishable on first conviction with imprisonment for a term which shall not be less than seven years but may extend to ten years, and also with fine which shall not be less than seventy five thousand rupees but may extend to five lakh rupees; and in the event of a second or subsequent conviction with imprisonment for a term of not less than ten years and also with fine which shall not be less than ten lakh rupees but may extend to fifty lakh rupees (1f) whoever, abets any offence punishable under sub-section (1e) shall, if the act abetted is committed in consequence of the abetment, be punishable with the punishment provided for that offence"25amendment of section 554 in section 55 of the principal act, after clause (ac), the following clauses shall be inserted, namely:—''(ad) member-secretary, rhino conservation authority; or(ae) director of the concerned rhino reserve; or''amendment of section 595 in section 59 of the principal act, after the word, figures and letter "chapter ivc", the word, figures and letter "chapter ivd" shall be inserted30amendment of section 606 in section 60 of the principal act, in sub-section (3), after the word, figures and letter"chapter ivc", the word, figures and letter "chapter ivd" shall be inserted;amendment of section 637 in section 63 of the principal act, in sub-section (1), after clause (gvi), the following clauses shall be inserted, namely:—35"(gvii) qualification and experience of experts or professionals under clause (d)of sub-section (2) of section 38zb;(gviii) the salaries and allowances and other conditions of appointment of themembers under sub-section (4) of section 38zc;(gix) the form in which the annual statement of accounts of rhino conservation authority shall be prepared under sub-section (1) of section 38zg;40(gx) the form in which and the time at which the annual report of rhino conservation authority shall be prepared under section 38zh" statement of objects and reasonsrhinoceros are one among the critically endangered species in the world at present there are only five species left in the world, two in southern and eastern africa ie the african white rhinoceros, the african black rhino and the sumatran rhino and the javan rhino and the great indian one-horned rhinoceros and three in tropical asiathe greater one-horned rhinoceros or indian rhinos are restricted to the alluvial plains of the indus, ganges, yamuna and bramhaputra rivers so, they remain confined to the nothern half of the country and they are also found in plain, marshy, riverine terrains at a higher elevation such as chitwan in nepal the largest resident population of greater one-horned rhinos happen to be at kaziranga national park, assamthe greater one-horned rhinoceros were initially found in almost all the south-asian countries but by mid 20th century, not more than two hundred rhinos in total are left in the world and now they happen to be only in india and nepal this was mostly because of hunting, habitat loss and poaching of rhinos greater one horned rhinoceros features in the red list of international union for conservation of nature (iucn) and also listed in the appendix-i of cites (convention on international trade in endangered species of wild fauna and flora) this indicates the existing extent of threat for the speciespoaching is the major reason for the decreasing rhino population in the world rhinos are generally poached for their horns; there is an overarching demand for rhino horns from some of the asian countries like vietnam and china vietnamese value it as an ingredient in traditional medicine to treat a variety of ailments from fever to hallucination and headaches, as well as, as a status symbol of wealth and power with highest population of rhinos residing at kaziranga, there is an increasing pressure on the national park for rhino horns in 2016, 19 rhinos were poached at kaziranga national park alone (as of 26122016) without proper protection and conservation, greater one-horned rhinos will soon face extinctionthe need is to constitute a conservation authority for rhinos comprising of the union, states and other experts, to help to solve the problem of poaching of rhinos in the country which will result in a better and protected environment for rhinos and other wildlife habitatsthe bill, therefore, seeks to amend the wildlife (protection) act, 1972 with a view to provide for—(i) constitution of the national rhino conservation authority; (ii) confer powers and functions of the rhino conservation authority, so as to include—(a) approval of rhino conservation plan prepared by state governments; (b) lay down normative standards, guidelines for tiger conservation in the buffer and core areas of rhino reserve, apart from ensuring their due compliance;(c) providing information on protection measures including future conservation plan, rhino estimation, disease surveillance, mortality survey, patrolling, reports on untoward happenings and such other management aspects as it may deem fit, including future plan for conservation;(d) approve and co-ordinate research on rhino, its habitat and related ecological and socio-economic parameters;(e) ensure that identified rhino bearing forests are not diverted for ecologically unsustainable uses, except in public interest, and with the approval of the national board for wildlife on the advice of the rhino conservation authority;(f) facilitate and support rhino reserve management in the state through eco-development and people's participation as per approved management plans, and to support similar initiatives in adjoining areas consistent with the central and state laws; (iii) preparing the annual report of the rhino conservation authority and sub-mission of the audited report to the central government for laying before parliament;(iv) constitution of steering committee by states; (v) preparation of the rhino protection and conservation plans by state governments including staff development and deployment, protection, habitat inputs, addressing the livelihood concerns of local people and compatibility of forestry operations in the adjoining forest divisions;(vi) ensuring the agricultural, livelihood, developmental and other interests of people living inside forests or in rhino bearing forest areas; and(vii) establishing a rhino conservation foundation by states for supporting their development hence this billnew delhi;gaurav gogoijanuary 11, 2017 financial memorandumclause 2 of the bill seeks to provide for the constitution of the national rhino conservation authority it also provides for appointment of the officers and other employees to the authority it also provides that central government shall provide grants and loans to the authority for being utilised for the purposes of the bill it further provides for constitution of the rhino conservation authority fund in which all grants, loans made by the central government, fees and charges, etc, received by the authority shall be credited it also provides for constitution of steering committee in rhino range states under the chairmanship of chief minister of the state concerned the expenditure relating to states shall be borne from the consolidated fund of the state concerned the bill, therefore, if enacted, will involve recurring expenditure of rupees sixty crore per annum which shall be charged from the consolidated fund of indiaa non-recurring expenditure to the tune of rupees twenty crore is also likely to be involved memorandum regarding delegated legislationclause 2 of the bill provides for the constitution of the national rhino conservation authority to which the central government may prescribe by rules—(i) the salaries, allowances and other conditions of appointment of members ofthe authority;(ii) the terms and conditions of service of officers and other employees of theauthority;(iii) the form in which the annual statement of accounts of the authority is to beprepared; and(iv) the form and time for submitting annual reports of the authority to thecentral governmentas the rules will relate to matter of detail only, the delegation of legislative power is of a normal character annexure extract from the wild life (protection) act, 1972 (53 of 1972)penalties 51 (1) any person who contravenes any provisions of this act except chapter va and section 38j or any rule or order made thereunder or who commits a breach of any of the conditions of any licence or permit granted under this act, shall be guilty of an offence against this act, and shall, on conviction, be punishable with imprisonment for a term which may extend to three years or with fine which may extend to twenty five thousand rupees or with both:provided that where the offence committed is in relation to any animal specified in schedule i or part 11 of sch 11, or meat of any such animal, animal article, trophy, or uncurled trophy derived from such animal or where offence relates to hunting in, ox, altering the boundaries of a sanctuary or a national park, such offence shall be punishable with imprisonment for a term which shall not be less than one year but may extend to six years and also with fine which shall not be less than five thousand rupees:provided further that in the case of a second or subsequent offence of the nature mentioned in this sub-section, the term or imprisonment may extend to six years 'and shall not be less than two years and the amount of fine shall not be less than ten thousand rupees(1a) any person who contravenes any provisions of chapter va, shall be punishable with imprisonment for a term which shall not be less then one year but which may extend to seven years and also with fine which shall not be less than five thousand rupees(1b) any person who contravenes the provisions of section 38j shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to two thousand rupees, or with both provided that in case of second or subsequent offence the term of imprisonment may extend to one year or the fine may extend to five thousand rupees(1c) any person, who commits an offence in relation to the core area of a tiger reserve or where the offence relate to hunting in the tiger reserve or altering the boundaries of the tiger reserve, such offence shall be punishable on first conviction with imprisonment for a term which shall not be less than three years but may extend to seven years, and also with fine which shall not be less than fifty thousand rupees but may extend to two lakh rupees; and in the event of a second or subsequent conviction with imprisonment for a term of not less than seven years and also with fine which shall not be less than five lakh rupees but may extend to fifty lakh rupees(1d) whoever, abets any offence punishable under sub-section (ic) shall, if the act abetted is committed in consequence of the abetment, be punishable with the punishment provided for that offencecognizance of offences 55 no court shall take cognizance of any offence against this act on the complaint of any person other than(a) the director of wildlife preservation or any other officer authorised in this behalf by the state government; or(ab) member-secretary, tiger conservation authority; or (ac) director of the concerned tiger reserve; or officers to be public servants59 every officer referred to [in chapter ii and the chairperson, members, membersecretary, officers and other employees referred to in chapter iva, chapter ivb and foreseen and every other officer exercising any of the powers conferred by this act shall be deemed to be a public servant within the meaning of sec 21 of the indian penal code (45 of 1860)protection of action taken in good faith60 (1) no suit, prosecution, or other legal proceeding shall lie against any officer or other employee of the central government or the state government for anything which is in good faith done or intended to be done under this act(2) no suit or other legal proceeding shall lie against the central government or the state government or any of its officers or other employees, for any damage caused or likely to be caused by anything which is in good faith done or intended to be done under this act(3) no suit or other legal proceeding shall lie against the authority referred to in chapter iva and chapter ivb and its chaiperson, member, member secretary, officers and other employees for anything which is in good faith done or intended to be done under this act63 (1) the central government may, by notification, make rules for all or any of the following matters, namely:power of central government to make rules (giv) the form in which the annual statement of accounts of tiger conservation authority shall be prepared under sub-section (1) of section 38r lok sabha———— a billfurther to amend the wild life (protection) act, 1972————(shri gaurav gogoi, mp)gmgipmrnd—4131ls(s3)—20022017 | Parliament_bills | be7e7325-b38f-5cf1-ae18-60d450228fb6 |
bill no 93 of 2019 the special economic zones (amendment) bill, 2019 a billto amend the special economic zones act, 2005be it enacted by parliament in the seventieth year of the republic of india as follows:—1 (1) this act may be called the special economic zones (amendment) act, 2019short title and commencement(2) it shall be deemed to have come into force on the 2nd day of march, 2019 2 in section 2 of the special economic zones act, 2005, in clause (v),—28 of 2005amendment of section 25(i) after the words "local authority", the words ",trust or any entity as may be notified by the central government" shall be inserted;(ii) for the words "authority or company", the words "authority, company, trust or entity" shall be substituted 3 (1) the special economic zones (amendment) ordinance, 2019 is hereby repealedrepeal and savingsord 12 of 201910(2) notwithstanding such repeal, anything done or any action taken under the said ordinance shall be deemed to have been done or taken under this act statement of objects and reasonsthe special economic zones act, 2005 (the act) was enacted with a view to provide for the establishment, development and management of the special economic zones for the promotion of exports2 clause (v) of section 2 of the act defines the term "person" which includes an individual, whether resident in india or outside india, a hindu undivided family, co-operative society, a company, whether incorporated in india or outside india, a firm, proprietary concern, or an association of persons or body of individuals, whether incorporated or not, local authority and any agency, office or branch owned or controlled by such individual, hindu undivided family, co-operative, association, body, authority or company as the said definition did not include "trust or entity", they could not be considered to be a "person" recognised as an entrepreneur eligible to be given permission to set up a unit in special economic zone3 as the trusts or entities are very common form of operating bodies in the financial sector, it has become necessary to amend clause (v) of section 2 of the act the special economic zones (amendment) bill, 2019 which seeks to replace the special economic zones (amendment) ordinance, 2019 provides for the amendment of clause (v) of said section of the act so as to include the expression "trust or entity" in the definition of "person"4 as the parliament was not in session and an urgent legislation was required to be made, the president promulgated the special economic zones (amendment) ordinance, 2019 (ord 12 of 2019) under clause (1) of article 123 of the constitution 5 the bill seeks to replace the aforesaid ordinancenew delhi;piyush goyalthe 18th june, 2019 annexure extract from the special economic zones act, 2005 (28 of 2005) 2 in this act, unless the context otherwise requires,—definitions (v) "person" includes an individual, whether resident in india or outside india, a hindu undivided family, co-operative society, a company, whether incorporated in india or outside india, a firm, proprietary concern, or an association of persons or body of individuals, whether incorporated or not, local authority and any agency, office or branch owned or controlled by such individual, hindu undivided family, co-operative, association, body, authority or company; ————a billto amend the special economic zones act, 2005————(shri piyush goyal, minister of railways and commerce and industry)mgipmrnd—615ls(s3)—19-06-2019 | Parliament_bills | d0d14fc0-d29c-5a39-b02d-8e9a25cca80b |
bill no 86 of 2019 the aadhaar and other laws (amendment) bill, 2019 a billto amend the aadhaar (targeted delivery of financial and other subsidies, benefits and services) act, 2016 and further to amend the indian telegraph act, 1885 and the prevention of money-laundering act, 2002be it enacted by parliament in the seventieth year of the republic of india as follows:— part i preliminaryof this act and any reference in any such provision to the commencement of this act shall be construed as a reference to the commencement of that provision part ii5 amendments to the aadhaar (targeted delivery of financial and other subsidies, benefits and services) act, 2016amendment of section 218 of 20162 in section 2 of the aadhaar (targeted delivery of financial and other subsidies, benefits and services) act, 2016 (hereafter in this part referred to as the principal act),—(i) for clause (a), the following clause shall be substituted, namely:—10'(a) "aadhaar number" means an identification number issued to an individual under sub-section (3) of section 3, and includes any alternative virtual identity generated under sub-section (4) of that section;';(ii) after clause (a), the following clause shall be inserted, namely:—15'(aa) "aadhaar ecosystem" includes enrolling agencies, registrars, requesting entities, offline verification-seeking entities and any other entity or group of entities as may be specified by regulations;'; (iii) after clause (b), the following clauses shall be inserted, namely:—'(ba) "adjudicating officer" means an adjudicating officer appointed under sub-section (1) of section 33b;20(bb) "appellate tribunal" means the appellate tribunal referred to in sub-section (1) of section 33c;'; (iv) after clause (i), the following clause shall be inserted, namely:—'(ia) "child" means a person who has not completed eighteen years of age;'; (v) after clause (p), the following clauses shall be inserted, namely:—25'(pa) "offline verification" means the process of verifying the identity of the aadhaar number holder without authentication, through such offline modes as may be specified by regulations;(pb) "offline verification-seeking entity" means any entity desirous of undertaking offline verification of an aadhaar number holder;'30amendment of section 33 in section 3 of the principal act, after sub-section (3), the following sub-section shall be inserted, namely:—35"(4) the aadhaar number issued to an individual under sub-section (3) shall be a twelve-digit identification number and any alternative virtual identity as an alternative to the actual aadhaar number of an individual that shall be generated by the authority in such manner as may be specified by regulations"4 after section 3 of the principal act, the following section shall be inserted,namely:—insertion of new section 3aaadhaar number of children40"3a (1) the enrolling agency shall, at the time of enrolment of a child, seek the consent of the parent or guardian of the child, and inform the parent or guardian, the details specified under sub-section (2) of section 3(2) a child who is an aadhaar number holder may, within a period of six months of attaining the eighteen years of age, make an application to the authority for cancellation of his aadhaar number, in such manner as may be specified by regulations and the authority shall cancel his aadhaar number5(3) notwithstanding anything in section 7, a child shall not be denied any subsidy, benefit or service under that section in case of failure to establish his identity by undergoing authentication, or furnishing proof of possession of aadhaar number, or in the case of a child to whom no aadhaar number has been assigned, producing an application for enrolment"amendment of section 45 in section 4 of the principal act, for sub-section (3), the following sub-sections shall be substituted, namely:—10"(3) every aadhaar number holder to establish his identity, may voluntarily use his aadhaar number in physical or electronic form by way of authentication or offline verification, or in such other form as may be notified, in such manner as may be specified by regulationsexplanation—for the purposes of this section, voluntary use of the aadhaar number by way of authentication means the use of such aadhaar number only with the informed consent of the aadhaar number holder15(4) an entity may be allowed to perform authentication, if the authority is satisfied that the requesting entity is—(a) compliant with such standards of privacy and security as may be specified by regulations; and20(b)(i) permitted to offer authentication services under the provisions of any other law made by parliament; or(ii) seeking authentication for such purpose, as the central government in consultation with the authority, and in the interest of state, may prescribe25(5) the authority may, by regulations, decide whether a requesting entity shall be permitted the use of the actual aadhaar number during authentication or only an alternative virtual identity(6) every requesting entity to whom an authentication request is made by an aadhaar number holder under sub-section (3) shall inform to the aadhaar number holder of alternate and viable means of identification and shall not deny any service to him for refusing to, or being unable to, undergo authentication30(7) notwithstanding anything contained in the foregoing provisions, mandatory authentication of an aadhaar number holder for the provision of any service shall take place if such authentication is required by a law made by parliament" 6 in section 8 of the principal act,—amendment of section 8(a) in sub-section (2),—35(i) in clause (a), after the words "consent of an individual", the words ", or in the case of a child obtain the consent of his parent or guardian" shall be inserted;(ii) after clause (b), the following proviso shall be inserted, namely:—40"provided that the requesting entity shall, in case of failure to authenticate due to illness, injury or infirmity owing to old age or otherwise or any technical or other reasons, provide such alternate and viable means of identification of the individual, as may be specified by regulations";(b) in sub-section (3), after the words "for authentication,", the words "or in the case of a child, his parent or guardian" shall be insertedinsertion of new section 8a7 after section 8 of the principal act, the following section shall be inserted, namely:—"8a (1) every offline verification of an aadhaar number holder shall be performed in accordance with the provisions of this section(2) every offline verification-seeking entity shall,—offline verification of aadhaar number5(a) before performing offline verification, obtain the consent of an individual, or in the case of a child, his parent or guardian, in such manner as may be specified by regulations; and10(b) ensure that the demographic information or any other information collected from the individual for offline verification is only used for the purpose of such verification15(3) an offline verification-seeking entity shall inform the individual undergoing offline verification, or in the case of a child, his parent or guardian the following details with respect to offline verification, in such manner as may be specified by regulations, namely:—(a) the nature of information that may be shared upon offline verification; (b) the uses to which the information received during offline verification may be put by the offline verification-seeking entity; and(c) alternatives to submission of information requested for, if any20(4) no offline verification-seeking entity shall—(a) subject an aadhaar number holder to authentication; (b) collect, use, or store an aadhaar number or biometric information of any individual for any purpose;25(c) take any action contrary to any obligation on it as may be specified by regulations"8 for section 21 of the principal act, the following section shall be substituted, namely:—substitution of new section for section 21"21 (1) the authority shall appoint such officers and employees as may be required for the discharge of its functions under this actofficers and other employees of authority30(2) the salaries and allowances payable to, and the other terms and conditions of service of, the officers and employees of the authority shall be such as may be specified by regulations" 9 after section 23 of the principal act, the following section shall be inserted, namely:—insertion of new section 23a35"23a (1) the authority may for the discharge of its functions under this act, or any rules or regulations made thereunder, by order, issue such directions from time to time to any entity in the aadhaar ecosystem, as it may consider necessarypower of authority to issue directions(2) every direction issued under sub-section (1) shall be complied with by the entity in the aadhaar ecosystem to whom such direction is issued"4010 for section 25 of the principal act, the following section shall be substituted, namely:—substitution of new section for section 25fund"25 (1) there shall be constituted a fund to be called the unique identification authority of india fund and there shall be credited thereto—(a) all grants, fees and charges received by the authority under this act; and(b) all sums received by the authority from such other sources as may be decided upon by the central government (2) the fund shall be applied for meeting—5(a) the salaries and allowances payable to the chairperson and members and administrative expenses including the salaries, allowances and pension payable to or in respect of officers and other employees of the authority; and(b) the expenses on objects and for purposes authorised by this act"11 in section 29 of the principal act,—amendment of section 29(a) for sub-section (3), the following sub-section shall be substituted, namely:—10"(3) no identity information available with a requesting entity or offline verification-seeking entity shall be—(a) used for any purpose, other than the purposes informed in writing to the individual at the time of submitting any information for authentication or offline verification; or15(b) disclosed for any purpose, other than purposes informed in writing to the individual at the time of submitting any information for authentication or offline verification:provided that the purposes under clauses (a) and (b) shall be in clear and precise language understandable to the individual";20(b) in sub-section (4), for the words "or core biometric information", the words'',demographic information or photograph", shall be substituted 12 in section 33 of the principal act,—amendment of section 33(i) in sub-section (1),—25(a) for the words "district judge", the words "judge of a high court"shall be substituted;(b) in the proviso, after the words "hearing to the authority", the words"and the concerned aadhaar number holder" shall be inserted;(c) after the proviso, the following proviso shall be inserted, namely:—"provided further that the core biometric information shall not be disclosed under this sub-section"30(ii) in sub-section (2), for the words "joint secretary", the word "secretary"shall be substituted 13 after chapter vi of the principal act, the following chapter shall be inserted, namely:—insertion of new chapter via35 "chapter via civil penalties40penalty for failure to comply with provisions of this act, rules, regulations and directions33a (1) where an entity in the aadhaar ecosystem fails to comply with the provision of this act, the rules or regulations made thereunder or directions issued by the authority under section 23a, or fails to furnish any information, document, or return of report required by the authority, such entity shall be liable to a civil penalty which may extend to one crore rupees for each contravention and in case of a continuing failure, with additional penalty which may extend to ten lakh rupees for every day during which the failure continues after the first contravention45(2) the amount of any penalty imposed under this section, if not paid, may be recovered as if it were an arrear of land revenuepower to adjudicate533b (1) for the purposes of adjudication under section 33a and imposing a penalty thereunder, the authority shall appoint an officer of the authority, who is not below the rank of a joint secretary to the government of india and possessing such qualification and experience as may be prescribed, to be an adjudicating officer for holding an inquiry in such manner as may be prescribed(2) no inquiry under sub-section (1) shall be initiated except by a complaint made by the authority(3) while holding an inquiry, the adjudicating officer shall—10(a) provide the entity in the aadhaar ecosystem against whom complaint is made, an opportunity of being heard;(b) have the power to summon and enforce the attendance of any person acquainted with the facts and circumstances of the case to give evidence or to produce any document which, in the opinion of the adjudicating officer, may be useful for or relevant to the subject matter of the inquiry15 20(4) if the adjudicating officer, on such inquiry, is satisfied that the entity in the aadhaar ecosystem has failed to comply with any provision of this act or the rules or regulations made thereunder or directions issued by the authority under section 23a, or has failed to furnish any information, document, or return of report required by the authority, the adjudicating officer may, by order, impose such penalty under section 33a as he thinks fitappeals to appellate tribunal24 of 199733c (1) the telecom disputes settlement and appellate tribunal established under section 14 of the telecom regulatory authority of india act, 1997, shall be appellate tribunal for the purposes of hearing appeals against the decision of the adjudicating officer under this act25(2) a person or entity in the aadhaar ecosystem aggrieved by an order of the adjudicating officer under section 33b, may prefer an appeal to the appellate tribunal within a period of forty-five days from the date of receipt of the order appealed against, in such form and manner and accompanied with such fee as may be prescribed:30provided that the appellate tribunal may entertain an appeal after the expiry of the said period of forty-five days if it is satisfied that there was sufficient cause for not filing it within that period35(3) on receipt of an appeal under sub-section (2), the appellate tribunal may, after giving the parties to the appeal an opportunity of being heard, pass such orders thereon as it thinks fit, confirming, modifying or setting aside the order appealed against(4) the appellate tribunal shall send a copy of every order made by it to the parties to the appeal and to the adjudicating officer40(5) any appeal filed under sub-section (2) shall be dealt with by the appellate tribunal as expeditiously as possible and every endeavour shall be made by it to dispose of the appeal within six months from the date on which it is presented to it(6) the appellate tribunal may, for the purpose of deciding an appeal before it, call for the records relevant to disposing of such appeal and make such orders as it thinks fitprocedure and powers of the appellate tribunal33d the provisions of sections 14-i to 14k (both inclusive), 16 and 17 of the telecom regulatory authority of india act, 1997 shall, mutatis mutandis, apply to the appellate tribunal in the discharge of its functions under this act, as they apply to it in the discharge of its functions under that act5 of 1908appeal to supreme court of india33e (1) notwithstanding anything contained in the code of civil procedure, 1908or in any other law for the time being in force, an appeal shall lie against any order, not being an interlocutory order, of the appellate tribunal to the supreme court on any substantial question of law arising out of such order5(2) no appeal shall lie against any decision or order made by the appellate tribunal which the parties have consented to(3) every appeal under this section shall be preferred within a period of forty-five days from the date of the decision or order appealed against:10provided that the supreme court may entertain an appeal after the expiry of the said period of forty-five days if it is satisfied that there was sufficient cause for not filing it within that periodcivil court not to have jurisdiction1533f no civil court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which an adjudicating officer appointed under this act or the appellate tribunal is empowered, by or under this act to determine, and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this act"amendment of section 3814 in section 38 of the principal act, for the words "three years", the words"ten years" shall be substitutedamendment of section 392015 in section 39 of the principal act, for the words "three years", the words"ten years" shall be substituted16 for section 40 of the principal act, the following section shall be substituted, namely:—substitution of new section for section 40"40 whoever,—25| ( | a | ) being a requesting entity, uses the identity information of an individual ||----------------------------------------------------|-----|-------------------------------------------------------------------------------|| in contravention of sub-section ( | 2 | ) of section 8; or || ( | b | ) being an offline verification-seeking entity, uses the identity information || of an individual in contravention of sub-section ( | 2 | ) of section 8a, || penalty for | | || unauthorised | | || use by | | || requesting | | || entity or | | || offline | | || verification- | | || seeking entity | | || | | |30shall be punishable with imprisonment which may extend to three years or with a fine which may extend to ten thousand rupees or, in the case of a company, with a fine which may extend to one lakh rupees or with both" amendment of section 4217 in section 42 of the principal act, for the words "one year", the words"three years" shall be substitutedamendment of section 4718 in section 47 of the principal act, in sub-section (1), the following proviso shall be inserted, namely:—35"provided that the court may, on a complaint made by an aadhaar numberholder or individual take cognizance of any offence punishable under section 34 or 35 or 36 or 37 or 40 or section 41"19 after section 50 of the principal act, the following section shall be inserted, namely:—40insertion of new section 50a43 of 1961exemption from tax on income"50a notwithstanding anything contained in the income-tax act, 1961 or anyother enactment for the time being in force relating to tax on income, profits or gains, the authority shall not be liable to pay income-tax or any other tax in respect of its income, profits or gains"amendment of section 514520 in section 51 of the principal act, for the words "member, officer", the words"member or officer" shall be substituted21 in section 53 of the principal act, in sub-section (2),—amendment of section 53(i) after clause (a), the following clause shall be inserted, namely:—"(aa) the purpose for which the requesting entity may be allowed by the authority to perform authentication under sub-clause (ii) of clause (b) of sub-section (4) of section 4;";5(ii) after clause (g), the following clauses shall be inserted, namely:—"(ga) the qualification and experience of, and the manner of appointment of, the adjudicating officer under sub-section (1) of section 33b;10(gb) the form, manner, and fee for an appeal to be filed under sub-section (2) of section 33c;"22 in section 54 of the principal act, in sub-section (2),—amendment of section 54(i) for clause (a), the following clause shall be substituted, namely:—15"(a) the entities or group of entities in the aadhaar ecosystem under clause (aa), the biometric information under clause (g) and the demographic information under clause (k), the process of collecting demographic information and biometric information from the individuals by enrolling agencies under clause (m), and the modes of offline verification of aadhaar number holder under clause (pa) of section 2;"; (ii) after clause (b), the following clauses shall be inserted, namely:—20"(ba) the manner of generating an alternative virtual identity under sub-section (4) of section 3;(bb) the manner in which cancellation of an aadhaar number may be carried out under sub-section (2) of section 3a"; (iii) after clause (c), the following clauses shall be inserted, namely:—25"(ca) standards of privacy and security to be complied with by the requesting entities under sub-section (4) of section 4;(cb) the classification of requesting entities under sub-section (5) of section 4;";(iv) after clause (f), the following clauses shall be inserted, namely:—30"(fa) the alternate and viable means of identification of individual under the proviso to clause (b) of sub-section (2) of section 8;(fb) the manner of obtaining consent under clause (a) of sub-section (2), the manner of providing information to the individual undergoing offline verification under sub-section (3), and the obligations of offline verification-seeking entities under clause (c) of sub-section (4), of section 8a;"3523 section 57 of the principal act shall be omittedomission of section 57 part iii amendment to the indian telegraph act, 18854024 in section 4 of the indian telegraph act, 1885, after sub-section (2), the following sub-sections shall be inserted, namely:—amendment of section 4 of act 13 of 1885'(3) any person who is granted a license under the first proviso to sub-section (1) to establish, maintain or work a telegraph within any part of india, shall identify any person to whom it provides its services by—(a) authentication under the aadhaar (targeted delivery of financial and other subsidies, benefits and services) act, 2016; or18 of 2016(b) offline verification under the aadhaar (targeted delivery of financial and other subsidies, benefits and services) act, 2016; or18 of 2016515 of 1967(c) use of passport issued under section 4 of the passports act, 1967; or(d) use of any other officially valid document or modes of identification asmay be notified by the central government in this behalf10(4) if any person who is granted a license under the first proviso to sub-section (1) to establish, maintain or work a telegraph within any part of india is using authentication under clause (a) of sub-section (3) to identify any person to whom it provides its services, it shall make the other modes of identification under clauses (b) to (d) of sub-section (3) also available to such person15(5) the use of modes of identification under sub-section (3) shall be a voluntary choice of the person who is sought to be identified and no person shall be denied any service for not having an aadhaar number(6) if, for identification of a person, authentication under clause (a) of sub-section (3) is used, neither his core biometric information nor the aadhaar number of the person shall be stored20(7) nothing contained in sub-sections (3), (4) and (5) shall prevent the central government from specifyingfurther safeguards and conditions for compliance by any person who is granted a license under the first proviso to sub-section (1) in respect of identification of person to whom it provides its services2518 of 2016explanation—the expressions "aadhaar number"and "core biometric information" shall have the same meanings as are respectively assigned to themin clauses (a) and (j) of section 2 of the aadhaar (targeted delivery of financial and other subsidies, benefits and services) act, 2016' part iv amendment to the prevention of money-laundering act, 200215 of 200230insertion of new section 11a25 in chapter iv of the prevention of money-laundering act, 2002 (hereafter in this part, referred to as the principal act), before section 12, the following section shall be inserted, namely:—| '11a ( | 1 | ) every reporting entity shall verify the identity of its clients and the ||---------------------------------------------------------------------------------|-----|-----------------------------------------------------------------------------|| beneficial owner, by— | | || verification of | | || identity by | | || reporting | | || entity | | || 18 of 2016 | 35 | || ( | a | ) authentication under the aadhaar (targeted delivery offinancial and || other subsidies, benefits and services) act, 2016 if the reporting entity is a | | || banking company; or | | || 18 of 2016 | | || ( | b | ) offline verification under the aadhaar (targeted delivery of financial || and other subsidies, benefits and services) act, 2016; or | | || 15 of 1967 | | || ( | c | ) use of passport issued under section 4 of the passports act, 1967; or || 40 | | || ( | d | ) use of any other officially valid document or modes of identification as || may be notified by the central government in this behalf: | | || 45 | | || 18 of 2016 | | |provided that the central government may, if satisfied that a reporting entityother than banking company, complies with such standards of privacy and security under the aadhaar (targeted delivery of financial and other subsidies, benefits and services) act, 2016, and it is necessary and expedient to do so, by notification, permit such entity to perform authentication under clause (a):provided further that no notification under the first proviso shall be issued without consultation with the unique identification authority of india established under sub-section (1) of section 11 of the aadhaar (targeted deliveryof financial and other subsidies, benefits and services) act, 2016 and the appropriate regulator18 of 2016 5(2) if any reporting entity performs authentication under clause (a) of sub-section (1), to verify the identity of its client or the beneficial owner it shall make the other modes of identification under clauses (b), (c) and (d) of sub-section (1) also available to such client or the beneficial owner10(3) the use of modes of identification under sub-section (1) shall be a voluntary choice of every client or beneficial owner who is sought to be identified and no client or beneficial owner shall be denied services for not having an aadhaar number(4) if, for identification of a client or beneficial owner, authentication or offline verification under clause (a) or clause (b) of sub-section (1) is used, neither his core biometric information nor his aadhaar number shall be stored15(5) nothing in this section shall prevent the central government from notifying additional safeguards on any reporting entity in respect of verification of the identity of its client or beneficial owner20 18 of 2016explanation—the expressions "aadhaar number" and "core biometric information" shall have the same meanings as are respectively assigned to them in clauses (a) and (j) of section 2 of the aadhaar (targeted delivery of financial and other subsidies, benefits and services) act, 2016'amendment of section 1226 in section 12 of the principal act, in sub-section (1), clauses (c) and (d) shall beomittedamendment of section 732527 in section 73 of the principal act, in sub-section (2), clauses (j) and (jj) shall beomitted28 (1) the aadhaar and other laws (amendment) ordinance, 2019 is hereby repealedrepeal and savingsord 9 of 2019(2) notwithstanding the repeal of the said ordinance, anything done or any action taken under the said ordinance shall be deemed to have been done or taken under the corresponding provisions of this act statement of objects and reasonsthe aadhaar (targeted delivery of financial and other subsidies, benefits and services) act, 2016 (the aadhaar act) was enacted to provide for good governance, efficient, transparent, and targeted delivery of subsidies, benefits and services, the expenditure for which is incurred from the consolidated fund of india, to individuals residing in india through assigning of unique identity numbers to such individuals and for matters connected therewith or incidental thereto2 on 27th july, 2018 the committee of experts chaired by justice (retd) b n srikrishna submitted its report "a free and fair digital economy: protecting privacy, empowering indians" regarding various issues related to data protection along with a draft personal data protection bill and also suggested certain amendments to the aadhaar act3 the constitution bench of the supreme court, in its judgment dated the 24th august,2017 in wp 494 of 2012 - justice ks puttaswamy (retd) and another vs uoi and others declared privacy as a fundamental right under article 21 of the constitution further, the supreme court vide its judgment dated the 26th september, 2018 has upheld the constitutional validity of the aadhaar act, with certain restrictions and changes, such as obtaining consent of parent or guardian in case of enrolment of children, providing option to children to cancel their aadhaar number on attaining the age of eighteen years, providing for informed consent for authentication and limiting the authentication only to purposes permitted by law4 with over 122 crore aadhaar numbers having been issued and with the widespread use of aadhaar as a proof of identity for various purposes by the government of india, state governments and other entities, it is essential to have a regulatory framework for the operation of aadhaar the unique identification authority of india (the authority) created under the aadhaar act, therefore, must have powers similar to that of a regulator for taking enforcement actions the aadhaar act, in its present form, does not empower the authority to take enforcement action against errant entities in the aadhaar ecosystem this needs to be addressed with a view to protect privacy and also to ensure the autonomy of the authority5 it is, therefore, proposed to amend the aadhaar (targeted delivery of financial and other subsidies, benefits and services) act, 2016, the indian telegraph act, 1885 and the prevention of money-laundering act, 2002 the salient features of the bill are as follows—(a) to provide for twelve-digit aadhaar number and its alternate numbers to be generated by the authority in such manner as may be specified by regulations to conceal the actual aadhaar number of an individual;(b) to give an option to children who are aadhaar number holders to cancel their aadhaar number on attaining the age of eighteen years;(c) to provide for voluntary use of aadhaar number in physical or electronic form by authentication or offline verification or any other mode which may be notified by the central government;(d) authentication of offline verification of aadhaar number can be performed only with the informed consent of the aadhaar number holder;(e) prevention of denial of services for refusing to, or being unable to, undergo authentication;(f) to permit the entities performing authentication only when they are compliant with the standards of privacy and security specified by the authority; and the authentication is permitted under any law made by parliament or the authentication is for such purpose, as the central government may, in consultation with the authority and in the interest of state, prescribe;(g) to lay down the procedure for offline verification of an aadhaar number holder;(h) to confer power upon the authority to give such directions as it may consider necessary to any entity in aadhaar ecosystem;(i) for establishment of unique identification authority of india fund; (j) to enhance the restrictions on sharing of information by requesting entity and offline verification-seeking entity;(k) to provide for civil penalties, its adjudication, appeal thereof and realisation of the sum of penalty as arrear of land revenue;(l) to omit section 57 of the aadhaar act relating to use of aadhaar by private entities;(m) to allow the use of aadhaar number for authentication on voluntary basis as acceptable kyc document under the telegraph act, 1885 and the prevention of moneylaundering act, 2002 6 the notes on clauses explain in detail the various provisions of the bill 7 as parliament was not in session and an urgent legislation was required to be made, the president promulgated the aadhaar and other laws (amendment) ordinance, 2019 (ord 9 of 2019) on 2nd march, 20198 the bill seeks to replace the aforesaid ordinancenew delhi;the 14th june, 2019ravi shankar prasad notes on clausesclause 1—this clause seeks to provide for short title and commencement of the actclause 2—this clause seeks to amend section 2 of the aadhaar (targeted delivery of financial and other subsidies, benefits and services) act, 2016 (the aadhaar act) relating to definitions so as to provide for new definitions of certain expressions used in the bill, which, inter alia, include the definitions of "aadhaar number", "aadhaar ecosystem", "adjudication officer", "appellate tribunal", "child", "offline verification" and "offline verification seeking entity"clause 3—this clause seeks amend section 3 of the aadhaar act relating to aadhaar number so as to insert a new sub-section (4) therein providing for "any alternative virtual identity generated by the authority" within the meaning of aadhaar numberclause 4—this clause seeks to insert a section 3a in the aadhaar act which provides for "aadhaar number of children"clause 5—this clause seeks to amend section 4 of the aadhaar act relating to properties of aadhaar number so as to substitute sub-section (3) thereof with five new sub-sections which provide for voluntary use of aadhaar number, conditions under which entities can perform authentication, classification of entities into those that can use aadhaar number and those that can use only alternative virtual identity, offering alternate and viable means of identification and condition for mandatory authenticationclause 6—this clause seeks to amend section 8 of the aadhaar act relating to authentication of aadhaar number so as to amend sub-sections (2) and (3) to provide for the requirement of obtaining the consent of the parent or guardian before authenticating the aadhaar number issued to a childclause 7—this clause seeks to insert a new section 8a in the aadhaar act so as to provide for offline verification of aadhaar numberclause 8—this clause seeks to substitute section 21 of the aadhaar act relating to officers and other employees of authority so as to provide for appointment of officers and other employees by the authorityclause 9—this clause seeks to insert a new section 23a to the aadhaar act relating to power of authority to issue directions it provides that the authority may issue directions to the entities in the aadhaar ecosystem for the discharge of its functions under the actclause 10—this clause seeks to substitute section 25 of the aadhaar act to provide for constitution of a unique identification authority of india fundclause 11—this clause seeks to amend section 29 of the aadhaar act relating to restriction on sharing information it substitutes sub-sections (3) and (4) thereof so as to provide that identity information is not used for any other purposeclause 12—this clause seeks to amend section 33 of the aadhaar act relating to disclosure of information in certain cases it seeks to amend sub-sections (1) and (2) thereof, inter alia, to provide the individual, whose information is sought to be released, an opportunity of hearing and stepping up disclosure permissions to higher levelsclause 13—this clause seeks to insert a new chapter via in the aadhaar act so as to provide for civil penalties the proposed new section 33a provides for civil penalty which may extend to one crore rupees for each contravention, for failure to comply with provisions of the act, rules, regulations and directions by any entity in the aadhaar ecosystem the proposed new section 33b provides for appointment of an adjudicating officer by the authority and the procedure and powers of such officer the proposed new section 33c provides that the telecom disputes settlement and appellate tribunal established under section 14 of the telecom regulatory authority of india act, 1997 as the appellate tribunal under the act for hearing of appeals against the order of the adjudicating officer the proposed new section 33d lays down the procedures and powers of the appellate tribunal the proposed new section 33e provides for appeal to the supreme court against the orders of the appellate tribunal the proposed new section 33f provides for cases where civil court shall not have jurisdictionclause 14—this clause seeks to amend section 38 of the aadhaar act relating to penalty for unauthorised access to the central identities data repository so as to enhance the punishment from three years to ten yearsclause 15—this clause seeks to amend section 39 of the aadhaar act relating to penalty for tampering with data in central identities data repository so as to enhance the punishment from three years to ten yearsclause 16—this clause seeks to substitute section 40 of the aadhaar act relating to penalty for unauthorised use by requesting entity so as to provide for penalty for unauthorised use by requesting entity and offline verification-seeking entityclause 17—this clause seeks to amend section 42 of the aadhaar act relating to general penalty so as to enhance the punishment from one years to three yearsclause 18—this clause seeks to amend section 47 of the aadhaar act relating to cognizance of offences so as to insert a new proviso therein to provide that the aadhaar number holder or an individual may also file a complaint and initiate proceedings in respect of any offence punishable under sections 34, 35, 36, 37, 40 or 41 of the principal actclause 19—this clause seeks to insert a new section 50a in the aadhaar act relating to exemption from tax on income so as to exempt the authority from tax on income, profits or gainsclause 20—this clause seeks to amend section 51 of the aadhaar act relating to delegation so as to substitute the words "member, officer" with "member or officer"clause 21—this clause seeks to amend section 53 of the aadhaar act relating to power of central government to make rules so as to inserts new clauses in sub-section (2)providing for rules on certain matters proposed under the billclause 22—this clause seeks to amend section 54 of the aadhaar act relating to power of the authority to make regulations so as to insert new clauses in sub-section (2)providing for regulations on certain matters proposed under the billclause 23—this clause seeks to omit section 57 of the aadhaar act relating to act not to prevent use of aadhaar number for other purposes under lawclause 24—this clause seeks to amend section 4 of the indian telegraph act, 1885relating to exclusive privilege in respect of telegraphs, and power to grant licenses so as to insert therein new sub-sections (3), (4), (5), (6) and (7) to provide for the use of aadhaar authentication and offline verification on voluntary basis besides other modes for identification, of persons who receive services from a licenseeclause 25—this clause seeks to insert a new section 11a under chapter 4 relating to obligations of banking companies, financial institutions and intermediaries to the prevention of money-laundering act, 2002 (the pml act) so as to provide for the use of aadhaar authentication and offline verification on voluntary basis besides other modes for verification of identity of a client or beneficial owner by a reporting entityclause 26—this clause seeks to amend section 12 of the pml act relating to reporting entity to maintain records so as to omit clauses (c) and (d) of sub-section (1) thereofclause 27—this clause seeks to amend section 73 of the pml act relating to power to make rules so as to omit clauses (j) and (jj) of sub-section (2) thereofclause 28––this clause seeks to replace the aadhaar and other laws (amendment)ordinance, 2019 and to save the action done during the said ordianance memorandum regarding delegated legislationclause 21 of the bill seeks to amend section 53 of the act which confers power upon the central government to make rules providing for—(i) the purpose for which the requesting entity may be allowed to perform authentication under sub-clause (ii) of clause (b) of sub-section (6) of section 4; (ii) the qualification and experience of, and the manner of appointment of, the adjudicating officer under sub-section (1) of section 33b; and (iii) the form, manner, and fee for an appeal to be filed under sub-section (2) of section 33d2 clause 22 of the bill seeks to amend section 54 the act which confers power upon the authority to make regulations providing for—(i) the entities or group of entities in the aadhaar ecosystem under clause (aa), the biometric information under clause (g) and the demographic information under clause (k), the process of collecting demographic information and biometric information from the individuals by enrolling agencies under clause (m), and the modes of offline verification of aadhaar number holder under clause (pa) of section 2; (ii) the manner of generating alternate aadhaar number under sub-section (4) of section 3; (iii) the manner in which cancellation of an aadhaar number may be carried out under sub-section (2) of section 3a; (iv) standards of privacy and security to be complied with by the requesting entities under sub-section (4) of section 4; (v) the classification of requesting entities under sub-section (5) of section 4; (vi) the alternate and viable means of identification of individual under the proviso to clause (b) of sub-section (2) of section 8; and (vii) the manner of obtaining consent under clause (a) of sub-section (2), the manner of providing information to the individual undergoing offline verification under sub-section (3), and the obligations of offline verification-seeking entities under clause (c) of sub-section (4), of section 8a3 the matters in respect of which the 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 annexure extracts from the aadhaar (targeted delivery of financial and other subsidies, benefits and services) act, 2016 (18 of 2016)| | | | | ||------|------|------|------|-----|definitions2 in this act, unless the context otherwise requires,—(a) "aadhaar number" means an identification number issued to an individual under sub-section (3) of section 3;8 (1) 4 (1) properties of aadhaar number(3) an aadhaar number, in physical or electronic form subject to authenticationand other conditions, as may be specified by regulations, may be accepted as proof of identity of the aadhaar number holder for any purpose21 of 2000explanation—for the purposes of this sub-section, the expression "electronic form" shall have the same meaning as assigned to it in clause (r) of sub-section (1) of section 2 of the information technology act, 20008 (1) 8 (1) (2) a requesting entity shall—authentication of aadhaar number(a) unless otherwise provided in this act, obtain the consent of an individual before collecting his identity information for the purposes of authentication in such manner as may be specified by regulations; and(b) ensure that the identity information of an individual is only used for submission to the central identities data repository for authentication (3) a requesting entity shall inform, in such manner as may be specified by regulations, the individual submitting his identity information for authentication, the following details with respect to authentication, namely:—| | | | | ||------|------|------|------|-----|21 (1) the authority may, with the approval of the central government, determine the number, nature and categories of other officers and employees required by the authority in the discharge of its functionsofficers and other employees of authority (2) the salaries and allowances payable to, and the other terms and conditions of service of, the chief executive officer and other officers and other employees of the authority shall be such as may be specified by regulations with the approval of the central government| | | | | ||------|------|------|------|-----|other fees and revenues25 the fees or revenue collected by the authority shall be credited to the consolidated fund of india| | | | | | | | ||----------------|----|------------------------------------------------------------------------|------|------|------|------|-----|| 29 | ( | 1 | ) | | | | || restriction on | | | | | | | || sharing | | | | | | | || information | | | | | | | || ( | 3 | ) no identity information available with a requesting entity shall be— | | | | | |(a) used for any purpose, other than that specified to the individual at the time of submitting any identity information for authentication; or (b) disclosed further, except with the prior consent of the individual to whom such information relates (4) no aadhaar number or core biometric information collected or created under this act in respect of an aadhaar number holder shall be published, displayed or posted publicly, except for the purposes as may be specified by regulations disclosure of information in certain cases33 (1) nothing contained in sub-section (2) or sub-section (5) of section 28 or sub-section (2) of section 29 shall apply in respect of any disclosure of information, including identity information or authentication records, made pursuant to an order of a court not inferior to that of a district judge:provided that no order by the court under this sub-section shall be made without giving an opportunity of hearing to the authority (2) nothing contained in sub-section (2) or sub-section (3) of section 29 shall apply in respect of any disclosure of information, including identity information or authentication records, made in the interest of national security in pursuance of a direction of an officer not below the rank of joint secretary to the government of india specially authorised in this behalf by an order of the central government:provided that every direction issued under this sub-section, shall be reviewed by an oversight committee consisting of the cabinet secretary and the secretaries to the government of india in the department of legal affairs and the department of electronics and information technology, before it takes effect:provided further that any direction issued under this sub-section shall be valid for a period of three months from the date of its issue, which may be extended for a further period of three months after the review by the oversight committee 38 whoever, not being authorised by the authority, intentionally,—(a) accesses or secures access to the central identities data repository; (b) downloads, copies or extracts any data from the central identities data repository or stored in any removable storage medium;penalty for unauthorised access to the central identities data repository(c) introduces or causes to be introduced any virus or other computer contaminant in the central identities data repository; (d) damages or causes to be damaged the data in the central identities data repository; (e) disrupts or causes disruption of the access to the central identities data repository; (f) denies or causes a denial of access to any person who is authorised to access the central identities data repository;(g) reveals any information in contravention of sub-section (5) of section 28, or shares, uses or displays information in contravention of section 29 or assists any person in any of the aforementioned acts;(h) destroys, deletes or alters any information stored in any removable storage media or in the central identities data repository or diminishes its value or utility or affects it injuriously by any means; or(i) steals, conceals, destroys or alters or causes any person to steal, conceal, shall be punishable with imprisonment for a term which may extend to three years and shall also be liable to a fine which shall not be less than ten lakh rupees21 of 2000explanation—for the purposes of this section, the expressions "computer contaminant", "computer virus" and "damage" shall have the meanings respectively assigned to them in the explanation to section 43 of the information technology act, 2000, and the expression "computer source code" shall have the meaning assigned to it in the explanation to section 65 of the said act39 whoever, not being authorised by the authority, uses or tampers with the data in the central identities data repository or in any removable storage medium with the intent of modifying information relating to aadhaar number holder or discovering any information thereof, shall be punishable with imprisonment for a term which may extend to three years and shall also be liable to a fine which may extend to ten thousand rupeespenalty for tampering with data in central identities data repository40 whoever, being a requesting entity, uses the identity information of an individual in contravention of sub-section (3) of section 8, shall be punishable with imprisonment which may extend to three years or with a fine which may extend to ten thousand rupees or, in the case of a company, with a fine which may extend to one lakh rupees or with bothpenalty for unauthorised use by requesting entity general penalty42 whoever commits an offence under this act or any rules or regulations madethereunder for which no specific penalty is provided elsewhere than this section, shall be punishable with imprisonment for a term which may extend to one year or with a fine which may extend to twenty-five thousand rupees or, in the case of a company, with a fine which may extend to one lakh rupees, or with both cognizance of offences47 (1) no court shall take cognizance of any offence punishable under this act, saveon a complaint made by the authority or any officer or person authorised by it delegation51the authority may, by general or special order in writing, delegate to 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 (except the power under section 54) as it may deem necessary 54 (1) power of authority to make regulations(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 biometric information under clause (g) and the demographic information under clause (k), and the process of collecting demographic information and biometric information from the individuals by enrolling agencies under clause (m) of section 2;| | | | | ||------|------|------|------|-----|57 nothing contained in this act shall prevent the use of aadhaar number for establishing the identity of an individual for any purpose, whether by the state or anybody corporate or person, pursuant to any law, for the time being in force, or any contract to this effect:act not to prevent use of aadhaar number for other purposes under lawprovided that the use of aadhaar number under this section shall be subject to the procedure and obligations under section 8 and chapter vi| | | | | ||------|------|------|------|-----|(15 of 2003) chapter iv obligations of banking companies, financial institutions and intermediaries12 (1) every reporting entity shall— reporting entity to maintain records(c) verify the identity of its clients in such manner and subject to such conditions, as may be prescribed;(d) identify the beneficial owner, if any, of such of its clients, as may be prescribed; 73(1) power to make rules(2) in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (j) the manner and the conditions in which identity of clients shall be verified by the reporting entities under clause (c) of sub-section (1) of section 12; (jj) the manner of identifying beneficial owner, if any, from the clients by the reporting entities under clause (d) of sub-section (1) of section 12; ———— a billto amend the aadhaar (targeted delivery of financial and other subsidies, benefits and services) act, 2016 and further to amend the indian telegraph act, 1885 and the prevention of money-laundering act, 2002————(shri ravi shankar prasad, minister of law and justice; communications and electronics and information technology)mgipmrnd—594ls—18-06-2019 | Parliament_bills | 47ad0d1a-9eec-5569-979e-ea1a47cb8c0e |
(c) the cost of packing which is of - durable nature and is returnable to the assessee or to the buyer, whosoever supplied it ezpiclnclotion-in this sub-clause, "packing" includes the wrapper, container, bobbin, pim, spool, reel or warp beam or any other thing in which or on which the exeis· _ -' lok babha- ,'- corrigendato the customs, central excises ,aid salt and cen'ffial boards of revenue (amendment) bill, 1977 l-to belas introduced in ipk sabha 7 1 page 3, line 27,-after "is" insert "not" 2 page 17, line 8 from bottom,-for "firts" ~ "first" 3 page 24, in the marginal heading to ~ection 75,-for "materrials" ~ "materials" 4 page 28i against line 5 from bottom, in the margina citation,-for "1863" ~ "1'''3'' 1'ew dellii; december 15 197~ for dift~t ;;rieti~- -of thp samr "xcisllbje ~oodi ot·· for c!t'ffetent areas or 10r different seasons" bill no 149 of 1977 the customs, central excises and salt and central boards of revenue (amendment) bill, 1977a bill to provide for certain amendments to the customs act, 1002, the central excises and salt _4ct, 1944 and the cenflral boards of revenue act, 1963 be it enacted by parliament in the twenty-eighth year of the republic of india as follows:- chapter i preliminarys 1 (1) this act may be called the customs, cent~al excises and 8alt short and central boards of revenue (amendment) act, 1977 title and commence-(2) it shall come into force on such date as the central government ment may, by notification in the official gazette, appoint: provided that different dates may be appointed for different provisions 10 of this act and any reference in any such provision to the commencement of this act shan be construed as a reference to the com;ng into force of that provision chapter ii amendments to tile cl1stom~ acr, 1962amendment of section 2, 52 of 1962 is ~ in section 2 of the cus":oms act, 1962 (hereafter in this chapter referred to as the customs act), in clause (28), for the words "waters extending into the sea to a distance of twelve nautical miles m?asureti from the appropriate base line on the coast of inciia''', the words and figures "waters extending into the sea up t() the limit of contiguous zone of india under secti~n 5 of the territorial waters, continental shelf, exclusive economic zone and other maritime zones act, 1976" shall be substituted 3 in section 14 of the customs act,-(<<) in sub-section (1), in clause (<<), for the proviso, the follow-amendment of ection 14 ing proviso shall be substituted, namely:-s "provided that such price shall be calculated with reference to the rate of exchange as in force on the difte on which a bid of entry is presented under section 46, or a shipping bill or bill of export, as the case may be, is presented under section 50;"; (b) after sub-section (2), the following sub-section shall be in- 10 serted, namely:-'(3) for the purposes of this section-(<<) "rate of exchange" means the rate of exchangc-(i) determined by the central government, or (ii) ascertained in such manner as the central gov- is emment may direct, for the conversion of indian currency into foreign currency or foreign currency into indian currency; (b) "foreign currency" and "indian currency" have the meanings respectively assigned to them in the foreign ex- 20 change regulation act, 1973' 46 of 1973 4 in section 15 of the customs aci-amendment of section 15 (<<) in sub-section (1), the words ", rate of exchange" shall be omitted; (b) suib-section (3) shall be omitted - 2s amendment of aection 27 5 in section 27 of the customs act, for sub-section (1), the following sub-section shalll be substituted, namely:-"(1) any person claiming refund of any duty paid by him in pursuance of an order of assessment made by an officer of customs lower in rank 'than an assistant collector of customs may make an 30 application for refund of such duty to the assistant collector of customs-(a) in the case of any import made by any individual for his personal use or by government or by any educational, research or charitable institution or hospital, before the expiry of one year; 3s (b) in any other case, before the exp'hry of six months, from the date of payment of duty: provided that ,the limitation of one year or six months, as the case may be, shall not apply whf'l'e any duty has been paid under protest 40 e:r:pz«nation-where any duty is paid provisionally under section 18, 'the period of one yea'r or six months, as the case may be, ehall be computed from the date of adjustment of duty after the final assessment thereof" 6 in section 28 of the customs act, in sub-section (1)-amendment of section 28 (a) for the opening paragraph the following shall be substituted, namely:-"when any duty has not been levied or has been shorl-ievied or erroneously refunded, the proper officer may-(a) in the case of any import made by any individual for his personal use 01' by government or by any educational, research or charitable institution or hospital, within one year; 10 (b) in any other case within six months from the relevant date, serve netice on the person chargeable with the duty which has not been ilevied or which has bead 80 short-levied or to whom the refund has erroneously been made requiring him to show cause why he shouild not pay the amount 15 specified in the notice: "; (b) in the proviso, for the words' "six months" " the words' "one ye - and "six months'" shall be substitutecf 7 atfter section 28 of the customs act, the following section shall be insertecl, namely:-insertion of new section 28a "28a notwithstanding anything contained in this act, if the power central government is satisfiednot to (a) that a practice was, or is, generally prevalent regarding levy of duty (including non-levy thereof) on any goods imported into, or exported from, india; and (b) that such goocfs were, or are, liablerecover duties not levied or shortlevied a a result of ,eneral practice (i) to cfuty, in cases where according to the saicl practice the duty was not, or is being, levied, or (ii) to a higher amount of duty than what was, or is being, levied, according to the said practice, 30 then, the central government may, by notification in the oftlcial gazette, djrect that the whole of the duty payable on such joods, or, as the case may be, the duty in excess of that payable on iuch goods, but for the said practice, shall not be required to be paid in respect of the goods on which the duty was not, or is not being, levied or was, 01' i8 being, short-levied, in accordance with the said practice" 3s 8 in section 46 of the customs act, in sub-section (3),-ameadmedtof secuon (a) in the proviso, for the words "such manifest or report" the words "such i1'eport" shall be substituted; (b) after the proviso as so amended, the following further proviso shall be inserted, namely:-"provided further that a bill of entry may be presented even before the delivery of such manifest if the vessel by which the goods have been shipped for importation into india is expected to arrive within a week from the date of burb pn!sentation" 9 in section 61 of the customs act,-amend ment of iectioft 61 (a) for the opening paragraph, the following shall be substituted, namely:-"any warehoused goods maybe left in the warehouse in which they art" deposited or in any warehouse to which they 5 may be removed,-(a) in the case of non-consumable stores, till 'the expiry of three years; and 10 (b) in the case of any other goods, till the expiry of one year, after the cbte on which the proper officer made an order under section 60 permitting the deposit of the goods in a warehouse: "; (b) in the first proviso, for the words "three yeais", in both places where they occur the words "three years or one year as the case may be," shall be substituted is 10 in section 75 of the customs act-amendmental section '7~ (a) after sub-section (1), the following sub-section shall be inserted, namely:-"(la) where it appears to 'the centr'al govemment that the quantity of a particular marterial imported into jndlla is mote 20 than ihe total quantity of like material that has been used in the goods manufactured in india and exported outside india, then, the central government may, by notification in the official gazette, declare that so much of the material as is contained in the goods exported shall, for the purpose of sub-section (1), be 2s deemed to be imported material"; (b) in sub-section (2), in clause (a), for the words "gooda of that class or description", the words "export goods of that class or description" shall be substituted 11 in section 113 of the customs act, in clause (i), after the words 30 "dutiable or prohibited goods", the words "or goods entered for exportation muler claim for drawback" shall be insel'lted 12 in section 122 of the customs act, for clauses (b) and (c), the following clauses shall be substitutecl namely:-amendment of section 118 amendment ot section 122 (b) where the value of the goods liable to confileation dots not 3' aceed twenty-five thousand rupees, by an aaaistant cojlectgr of customs; (c) where the value of the goods liaible to conftaeatloft ,4081 not ex~eed two thousand five hundred rupees, by a ~ted 'o~ of cus'toms lower in rank than an assistant collector of customs" 40 amen6-rnnt ·ot section 128 13 in section 128 of the customs act, in sub-section (1) in the 'ot'ej1to irt patagraph, after the woil"ds "any decision ~ order passed ·uader thll act", the brackets, words and figures "(not ibei1lg an order pusad udder section 130)" shall be inserted 14 for section 130 of the customs act, the following section abau be 4' substituted, namely:-substitution of new section for section 130 powers of revision of board s "130 (1) the board may, of its own motion or otherwise call for and examine the record of any proceeding in which a collector of customs has passed any decision or order under this act for the purpose of satisfying itself as to the correctness; legality or propriety of such decision or order and may pass such order thereon as it thinks fit to is 20 30 ,(z) the collector of customs may of his own motion or otherwise call for and examine it he record of any proceeding in which an oftlcer of customs sulbordinate to him has passed any decision or order under this act (not being an order paased in appeal under section 128) for the purpose o£ satisfying himself as to the correctness, legality or propriety of such decision or order and may pass such order thereon as he thinks fit (3) (a) no order enhancing any penalty or fine in lieu of confiscation or confiscating goods of greater value shall be passed under this section unless the person affected by the proposed order has been given a reaijonable opportunity of showing cause against it (b) where the board or, as the case may be, the collectorot customs' is of opinion that any duty of customs has not !been 1ev1ad of has been shott-levted, no order levying or enhancing the duty shall be tn'atfe under this section unless the person affected by the pr0posed order is given notice to show cause against it within the time limit specified in section 28 (4) no proceeding shall be initiated under this section in respect of any decision or order after the expiry of a period of one year from the date of such decision or order: provided that where in respect of any decision or order passedby an officer of cuc;toms before the commencement, of the culjtoms, central excises and salt and central boards of revenue (amendment) act, 1977, the period of one year for initiating revision proceedings had expired at such commencement, then, revision proceedings may be initiated within a period of six months from such commencement" 15 in section 131 of the customs act, after sumection (z), the follow-35 iftg sub-section shall be inserted, namely:-amend ment of section 131 "(2a) an application under sub-section (1) shall 'be accompanied by a he of one bundred and twenty five rupees" 11 iii section 135 of the customs act, for the words "six months", wherever they occur, the words "one year" shall be subsututect 40 11 after section 143 of the customs act, the following seotion shall be inserted, namely:-18 of 1167 amendment of section 135 insertion of new section 143a duty defer_ ment "l~ (1) when any material is imported under an import licence belongin~ to the category of advance licence granted under 1m, orger made under the imports and exports (control) act, 1947, 'subject to an obligation to export the goods as are specified in the said licence the assistant collector of customs may, notwithstanding anything contained in this act, permit clearance of such material 1vtthout payment of duty leviable thereon (2) the permission for clearance without payment of duty unrler bub4~tiol1 (l)ehtdl be subj~ to the following conditian 1hat is to so, 88y-(a) the duty payable on the material imported shall be adjusted against the dorawback of duty payable under this act or under any other law for the time bemg in force on the export of goods specifled in the said advance licence; and (b) where the duty is not so acijusted either for the reason 5 that the goods are not exported as required by the said advance licence or for any oth~ sufficient ifeason, the importer shall, notwithstanding anything contained in section 28, be liable to pay the amount of duty not so adjusted together with simple interest at the rate of twelve per cent per annum from the date the said 10 permission for clearance is given to the date of payment (3) while permitting clearance under sub-section (1), the assistant collector of customs may il"equire the importer to execute a bond with such surety or security as he thinks fit for complying with the conr\itions specified in sub-section (2)" 15 amendment of section 159 18 in section 159 of the customs act, for the words "in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following", the words "in two or more succeive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid" shall be substituted ao chapter iii amendments to the central excises and salt act, 1944amendmental section 2 19 in section 2 of the central elreises and salt act, 1944 (hereafter 1 of 1944 in this chapter referred to as the central excises and salt act), for clause (f), the following clause shall be substituted, namely:-:as '(f) "manufacture" shall include-(i) any manufacturing process to make a product marketable to the consumell"s or users; (ii) any process carried out on the excisable gool\&-(a) with the aid of power or machine; or 30 (b) without the aid of power or machine where specifically so provided ill the first schedule, which, in either case, adds to their value but does not include any process camied out in the ccurse of manufacture of any other excisable goods; 3s fa of 191i8 (iii) applying, either on the excisable goods or on their packing or both, trade mark as defined in the trar\e and merchandise marks act, 1958; (iv) packing of the excisable goods for their storage in the retailer's or industrial consumer's premises, but does not in- 40 elude- 1; (a) packing done solely for the purpose of transporting the said goods; or (b) packing clone by the retailer; (v) any other process incidental or ancillary to the comple- 4s tion of a manufactured product, ancl the word "manufacturer" shall be construed' accordingly and shall include not only a person who employs hired labour in the production or manufacture of excisable goods, but also any person who engages in their production or manufacture on his own account;' 30 in section 3 of the central excises and salt act, for sub-section (8), the following sub-section shall be substituted, namely:-amend· mentof section 8 s , (8) different tariff values may be fixed-(a) for different classes or descriptions of the same excisable goods; or (b) for excisable goods of the same class or r\escription-(i) produced or manufactured by different classes of producers or manufacturers; or 10 (ii) sold to different classes of buyers: is ptrovided that in fixing different tariff values in respect of excisable goods falling under sub-clause (i) or sub-clause (ii) , regard shall be had to the sale prices charged by the rtifferent classes of producers or manufacturers or, as the case may be, the normal practice of the wholesale 'trade in such goods" 21 after section 3 of the central excises and salt act, the following section shall be inserted, namely:-insertion otnew section 3a u3a where any excisable goods, after payment of duty of excise, are subjected to further manufacture-20 adjuatnlent of duty (4) by any of the processes referred to in sub-clauses (i), (ii) and (v) of clause (f) of section 2; or (b) by applying any trade mark refel'll'ed to in sub-clause (iii) of the said clause (f); or (c) by the packing referred to in sub-clause (iv) of the said clause (f), 30 anlt such goods continue to fall under the same sub-item of a particular item in the first schedule, or if there is no sub-item, under the same item in the said schedule, the duty of excise already paid on such go('ds shall be adjusted against the duty of excise leviable thereon after such further manufacture" 12 in section 4 of the central excises and salt act-amend mentof section'-(a) fot' sub-section (2), the following sub-seeti( n shall be substituted, namely:-35 "(2) where the value of any excisable goods is determined with reference tij the price which includes the cost of tral1'sportation !rom the place of removal to the place of delivery, whether on average basis or otherwise, such cost of transportation shall be excluded from such price"; (b) in sub-section (4) ,-(i) for clause (c) including the explanation thereto, the following shall be substituted, namely:-'(c) urelated person" means a person who is so associated with the assessea that such person and the assessee s have such interest, dilrectly or indirectly in the business of each other, as may affect the price charged for the excisable goods, and includes a holding company, a subsidiary company, an employee, a relative, or a distributor of the assessee and 10 any sub-distributor of such distributor explanation i-in this clause "holding company" and "subsidiwry company" have the same meanings as in the companies act, 1956 1 of 1956 e~lanatwn ll-in this clause, "relative" has the same meaning as in the companies act, 1956 and includes-is l of 1956 (i) in relation to a partnership firm • a relative of every partner of that firm; and (ii) in relation to a company, a relative of the chairman or a relative of a director such directgr being a person controlling or managing the business of the 21) company e~lanation lll-where by agreement or otherwise-(i) any excisable goods are generally sold only to or through a particu'- dealer in the whole of india or in more than one state or in the whole r:f a state 01'· in a region comprising several districts of one or more states los or in a metropolitan city having a population of more than one million as ascertainen at the last preceding census of which the relevant figures have been published; or (ii) the entire production of an assessee of any 30 excisable go;)ds is generally sold in an area or a city smaller than the area covered bv the region or the metropolitan city referred to in clause (i) and such sales are generally to or through one particu181l' dealer only such dealer shall be deemed to be a distributor or, as the case 35 may be, sub-distributorj"; (ii) in clause (d)-(a) for the portion commencing with the words' ''value'' in relation to' and ending with the words "wrapped, collt!lvied 40 or wounn", the following shall be substituted, namely:-'''vrlue'' in relation to any excisable goodl'-ei) where the /loom afe delivered at the time of removal in a packed condition includes the crst of packing requilfed for their ~tora·pf! in the tll!tl!lilp1"s or industria1 4s consumer'a premises hut doi!r not include--(a) the cost of nllckinll done snlely for the purpose of transportin{1 such /loods: (b) the cost of paclring done hy the retailer-: and (e) the cost of packing which is ot a durable nature and is returnable to the assessee or to the buyer, whosoever supplied it , ezplanation-in this sub-clause, "packing" includes the wrapper, container, bobbin, pim, spool, reel or warp beam or any other thing in which or on which the excisable goods are wrapped, contained or wound; > (b) after sub-clause (ii), the following e:q)lanatlon shall be inserted, namely:-10 'e~iamtion :ror the removal of doubts his baby declared that "value" includes-(i) the expenses incurred by or on bebalf of the assessee for promoting the sale of ejrefsable goods; 15 (ii) the expenses incurred by the assessee for the sale of exdsable goods in the course of the wholesale trade either from the factory or from any place ,outside the factory: provided that where the sale is from any place outside the factory, the cost of transportation of the goods from the factory to s1reb place shall be dedueted; (iii) the expenses incurred by the assessee fof discharging the obligation for il'ectifying, manufacturing defects for the period for which such obugation is normally undertaken by or on behalf of the manufacturers of such goods, or any amount representing the discount or reduction made in the price of such excisable goods on account of transfer of the obligation aforesaid to any other person; ' (i1') , the profit made,by the assessee on the sale of the excisable goods;' 30 13 after section 4 of the central excises ~nd s!llt act, the followin~ seetlon shall he inserted, namely:-insertion 01 new section 5 -_ ----- ---"5 (1) the central government mav, by rules made under this lie~ion provide for remission of duty of ex('isf! leviable em any excia-able jtnods which due to any natural' c8us~ are friuhd'to he dpftcient in quan'tity' 35 - remislion 01 duty on goods found deficient in quantity (2) anv rules made under sub-section (1) may, havin~ re~a,rd to the nature of the excisable ~oor1!1 or of pr~e~!llh~ or of curfng thereof the nerlod of their stoi'9j!p n'r' transft and' ~t1iet' relpvant considerations ftx the limit or limits of percentage b~yondwhic'h no "uch remission· shall be allowed: provided that' dffferpnt lfmft or hmfts nf perce"ta,e mllv be "xed for different varietfes of the:> samf' "1c'cisable ~oodi or· tn1- dfffetent areas 01' for different seasons" m after section 11 of the central excises and salt act, the fouowina sections shall be inserted, namely:-insertion of new sections lla,lib and lie clla (1) when any duty of excise has not been levied or paid or has been short-levied or short-paid or erroneously refunded, a central excise officer may, within six months from the 5 'r~lcvlult date, serve notice on the penlon chargeable with the duty which has not been levied or paid or which bas been short-:levied or short-paid orto whom the refund has erroneously been made, nsquir-1ng him to show cause why he should not pay the amount specifted in the notice: 10 recovery of duties not levied or not paid or shortlevied or short_ paid or erroneously refunded provided that where any duty of ex'cise has not been levied or paid or has been short-levied or short-paid or erroneously refunded by reason of fraud, collusion or any wilful misstatement or suppression of facts, or contravention of any of the provisions of this act or of the rules made thereunder with intent 15 to evade payment of duty, by such person or his agent, the provisions of this sub-section shall have effect, as if for the words "six months", the words "five years" were substituted e~ian4tion-where the service of the notice is stayed by an ao order of a court, the period of such stay shall be excluded in computing the aforesaid period of six months or five years, as the case may tma ' \ (2) the assistant collector of central excise shall, after considering the representation, if any mane by the person on whom notice is served under sub-section (1) determine the amount of duty of 35 excise due from such person (not hein~ in excess of the amount speeified in the notice) and thereupon such person shall pay the amount so determined (3) for the purposes of this section-(i) clrefund" includes rebate of duty of excise on excisable 30 goods exported out of india or on excisable materials ubefl in the manufacture of goods which are exported out of india; (ii) "relevant date" means,-(a) in the case of excisablr ~oods on which duty of excise har not been levied or naid or has been short-levied or short 35 paid, th,e date on which the duty was required to be paid under this act or the rules made thereunder; (b) in a case where duty of excise is provisionally assessed under this act or the rules made thereunder, the nate of adjustment of duty after th~ final assossment thereof:- 40 (c) in the case of excisable poods on which duty of excise has been el'l1'oneously refunded the date of such retund claim for-mund of duty 1tb, (1) any person e1ajmfn~ refund of any ituty of excir" may make an anplication for refund of such tiutv to the assistant collector of ceqtral excise before :tn~ ~1cpil'v of six months lfom the date of 45 f'yrle~t, of duty; -~ provided that the limitation of six dlonthlhall not appry w~ any duty has been paid under protest ' s ea:plgnation-where any duty of excise is paid provisionally under this act or the rules maue thereunder, the periud of six months shall be computed from the date of adjustment of duty after tbi bnal assessment thereot (2) if on receipt of any such application, the assisqmt collector "01 central excise is satisfied that the whole or any part of tbe duty of excise paid by the applicant should be refunded to him, he may , make an order accordingly 10 (3) where as a result of any order passed in appeal or l1'evision under this act refund of any duty of excise becomes due to any person, the assistant collector of central excise may refund the amount to such person without his having to make any claim in that ~ -is (4) save as otherwise provif\ed by or under this act, no claim for refund of any duty of excise shall be entertained ]0 (5) notwithstanding anything contained in any other law, ,the provision of this section shall alao apply to a clafm for refund of any amount collected as duty of excise made on the ground that the goods in respect of which such amount was collected were not excisable or were entitled to exemption from duty and no court shall have any jurisdiction in respect of such claim 2s ea:planation-for the purposes of this section, "refunel" includes il'ebate of duty of excise on excisable goods exported out of india or on excisable materials used in the manufacture of goods which are exported out of india nc notwithstanding anything contained in this act if tbp central government is satisfted-(4) that a practice was, m is, generally prevalent regarding levy of duty of excise (including non-levy thereof) on any excisable goods; anel ('b) that such goods were, or, are, liable-(i) to duty ot excise, in cases where according to the said practice the duty was not, or is not bejn:g, levled, or power not to recover duty of excise not levied orlhortlevied a retlult of general practice 3s 40 (ii) to a higher amount of duty of excise than what wu, or is being, levied according to the said practice then, the central govemment may, by notiftcatlon in the ofilctal gazette, direct that the whole of the duty of excise payable on such goods, or, as the case may be, the duty of excise in excess of that payable on such goods, but for the said practice, shall not be required tn be paid in respect of tha goods on which the duty of excise was not, or is not being, levied, or was, or is being short-levied, in accordance with the said practice' amendmentor eetion h 4s 15 in section 35 of the central excises and salt act, in sub-section (l), after the words "the rules made thereunder", the brackets, words, figures and letter (not being an order passed under section 35a)" shall be inserted as for section 35a of the central excises a~ salt acl, lh,e fo~widi ' \_ ' " )' i" i"~ 1 becuon shall be substituted, namely:-subiututionof neon section for section 35a revision by board or collector "35a (1) the central board of excise and c~~~ r9;~m~~cl under the central boards of revenue act, 1963, (hereid8fter referre4, m of 1963 to fts the board), may,' of its own motion or otherwise, call-'for and 5 examine the record of any proceeding in which any decision or one!' ,hils been passed under this act or the rules made thereunder by a collector of central excise (not being a decision oil' order-jjassedojli ap~a~ under section 3s) for the purpose of satisiying itsej:f ~ to the corr~c~ess, legality or propriety of such decision or~rd!r a~<l u\'y 10 ~~s8 s~ order thereon as it thinks fit (2) -the collector of central excise may, of his own motion or otherwise call for and examine the record of any proceeding in which any ciecision oj;" order has been passed under this act or ~ rules made thereunder by a central excise officer subordinate to ~ ~ot is " ' ~ ," : 1 being a decision or order passed on appeal under section 35) for the purpoae o~ satisfying himself as to the correctness, legality or propriety of such decision or order and may pass such order·tbereon jls he thinks 6t (3) (a) no decision or order under this section shall be varied so 20 as to prejudicially affect any p~rson unless such per~on is giy~n a reasonab~ opportunity of making a t'epresentation and, 'if 'he so ~~~, 9t l,,~g heard i~ his defence (b) where the board or, af the case may be, tbe collector of central excise is of opinion that any duty of excise has not been 25 levied or has been short-levied or erroneously refunded, no qrder levying or enhancing the duty or no order requiring payment of the duty 80 refunded, shall be made under this section unless the person affected by the proposed order is given notice to show cause against n, ~~j,n lae ~e ~mit sp~i11ed in section lla," 30 (4) no proceedings shall be commen~~~ ':ln4~~ t~ ~iion in respect of any decision or order [whether such decision or order has been passed before or after the commencement of the customs, central exdaes and salt and central boards of revenue (amendment) act, 1977] after the expiration of a period of one year from the date of 35 s~cb deci,,!jion or order ,1:j l~ se~tion 36 of the central excisj!s and salt act,- , ' ' - , " ' , ' •••• , < , (a) after sub-section (1), the following sub-section shall be inaerteci, namely:-amendmentof section 18 "(la) every application under sub-section (1) u be 40 accompanied by a fee of ifupees one hundred and twentf~~ve'~; (b) in sub-section (2), after the second proviso, the fouowinl ,,' further proviso "hah b~ inserted, ~amely:-~ " ' ,: , ' !wravided also that where the central government is of ~on,ihat any duty of excise has 'not been levied or hal been ",s short-levied or erroneously refunded, no order levying or en bancing the duty or no order requiring payment of the duty so refunded, shall be made under this section unless the person affected by the proposed order is given notice to show cause against it within the time limit specified in section lla" s 28 in section 37 of the 'central excises and, salt act, in sub-sectiod amend (~), af~r ~use (ib), the following clause ,hall be in,serted, namely: _ ment of - i i , ," •• - "' section "(iic) provide for the remission of tluty of excise leviable on any 37 excisable goods, whic!h due to any natural cause are fo'udd to be 10 deftcient in quantity, the limit or limits of percentage beyond which no such remission shall be allowed and the different limit or limits of percentage fur different varieties of the same excisable goods or for di1ferent areas or for different seasons;" 29 mtet: section 37 of the central excises and salt act, the following 's section shah be inserted, nam~ly:-insertion of new section 37 \ delegation of powers "37a the central government may, by notiftcat~~ ijl tjie 0fbclal gazette, direct that subject to such connitions, if any, as may be specifted in the n9tiftcation-(0) any power exercisable by the board under this act may be exercisable also by a coli~ctor of central excise empowered in this behalf by the central government; (b) any power exercisable by a collector of central excise under this act may be exercisable also by a deputy collector of central excise or an assistant collector of central excise em-2s powered in this behalf by the central government; (c) any power exercisable by a deputy collector of tatnkal excise under this act may b1! exercisable also by an assistant collector of central excise empowered in this behalf by the central government; and 30 (d) any power exercisable by an assistant collector of central excise under this act may be exercisable also by a gazetted oftker of central excise empowered in this behalf by the baard!' chapter iv amendment to the central boards of rilvenue act, 19633s 30 iii seetion 3 of the central boards of revenue aet 1963 in lubseetiod (2) for the words "dot exeeeding flve" the words "not exeeeding seven" shall be subsdtuted amendmentot act 54 of 1983 statement of objects and reasonsthe bill seeks to carry out certain amendments in the customs act, 1962 and the central excises and salt act, 1944 essentially the amendmerits are intended to remove certain practical difficulties experieruled' in the operation of customs and central excise laws, and doubts regardillg tht:l intel'pretation of certain important provisions therein, to provide facilities to exporters and to increase the minimum punishment for smuggling some of the amendments to the customs act and the central excises and salt act are similar in nature the bill also seeks to amend the 'central boards of revenue act, 1963, with a view to raise the maximum strength of the members of each of the two boards (the central bo&rd of direct taxes and othe central board of excise and customs) as it has become necessary in view of the phenomen8ll increase in the responsibilities of the two boards the notes on clauses appended to the bill explain in detail the various provisions thereof new d&;uu; satish agarwal the 3rd decqt7iber 1977 president's recommendation under articles 117 and 274 of the constitution of india[copy of letter no 492/11/77-cus vi, dated the 13th december, 1977 from shri satish agarwal minister of state in the ministry of finance to the secretary, lok babha] the president having been informed of the subject matter of the cus toms, central excises and salt and central boards of revenue (amend, ment) bill, 1977 has recommended, under clause (1) and clause (3) of article 117 and clause (1) of article 274 of the constitution, the introduc- 1 tion in, add consideration by !ok sabha of the said bill " czwse 2-this clause seeks to amend clause (28) of section 2 of the customs act, 1962 with a view to make the limits of the "indian customs waters" as co--extensive with that of the contiguous zone of india under section 5 of the territorial waters, continental shelf, exclusive economic zone and other maritime zones act, 1976 clause a-this clause seeks to amend section 14 of the customs act 1962 wi'th a view'to specify the rate of exchange ~hich shall be applicabl~ for calculating the pri::e both for imported goods and the export goods it also seeks to avoid the n~essity under the existing law of recalculating the price with reference to the date of inward entry of 'the vessel clause 4-this clause which seeks to amend section 15 of the customs act is consequential to the amendment proposed in clause 3 to section 1~ clause s-this clause seeks to amend section 27 of the customs act to provide a longer time limit, ie, one year for claiming refund of duty of customs in respect of non-commercial importations, ie, importations made by any individual for his personal use or by government or by any educational, research or charitable institution or hospital clause 6-this clause seeks to amend section 28 of the customs act to provide a longer time limit;ie, one year for issuing notice in respect of non-commerclal imporiations for payment of duties not-levied, shorilevied or erroneously refunded this change is complementary to the rmendment proposed in clause 5 clause 7-this clause seeks to in'!el't a new section 28a in the customs act with a view to empower the central government not to recover duties not levied or the difference in duty short-levied as a result of the practice that generally prevailed during the period the non-levy or short-levy occurred the rationale for this amendment is that if all concerned--the assessee, the customs authorities and the consumers-had acted upon a ('ertain basis, that basis should not be disturbed retrospectively and no demand should be made in respect of assessments made on that bas1a filerely because subsequently a different assessment is regardpd as appropriate clause 8-this clause seeb ¥> amend section 46 of the customs act at present only in special circumstances the co~lector may permi,t a bill of entry to be presented before the delivery of import manifest or report a provision is now being made in this clause that the bill of entry may be presejyted even before the ftling of import manifest if the vessel by which the goods have h~en shipped for importation into india is expected to arrive within a week cl4ub8 9-this clause seeks to amend section 61 of the customs act with· a view to provide that except for non-consumable stores the period for which thl' goods can be retained in the werehouse would be one year insitead of three years as at present clause io-·titis clause seeks to insert a new sub-section (ia) in secbon 75 of the customs act with a view to introduce a provision for deeming materials as imported for grant of drawback of duty if on an overall basis, it appears to the central government that the quantity of imports of a material is more than, the quantity of comparable material used in all the exported products, then the central govenunent may, by notfftcation in the official gazette" provide that such material when contained in any ~ort goods shall, for the purpose of granting drawback, be deemed to be imported material a consequential change is also being made in section 75 (2) (a) by adding the word 'export' before the words 'goods of that c19ss or description' clause h-this clause seeks to amend clause (i) of section 113 of -the customs act which provides for confiscation of goods in case of misdeclilration it is now being provided that this clause will apply not only 'to dutiable and prohibited goods but also ,to goods entered for exportation under claim for drawback clause 12-this clause seeks to amend section 122 of the customs act with a view to enh:mce the power of adjudication of the assistant collectors and of gazettci officers lower in rank than 'the assistant co1s1eclors clause 13-this clause seeks to amend section 128 of the customs aet with a view to male it clear that no appeal lies to the board under section 128 of the customs act against any order pallsed by a colleetor of customs under section 130 of the customs act clause 14-this clause seeks to substitute section 130 of the customs act with a view to make two changes, narruely, (i) to give 'the power to the collectors to revise the decisions or orders passed by officers subordinate to them, and (ii) as in the case "f the central excises and salt act, t!l provide a time limit for commencement of the proceedings and not for their finalisation clause 15-this clause seeks to insert a new liiub-section (2a) in section 131 of t:le customs act to p'rovide that an application for revision shall be accompanied by a fee of one hundred and twenty£ive rupees clause l6-this clause seeks to amend section 135 of the customs act with a view to enhance the minimum punishment for certain kintb of offences from six months to one year clause 17-this clause seeks to insert a new section 143a in the cu8~ toms act with a view to provide for deferment of payment of duty on goods imported against advance licence granted under the imports and edcports (control) act, 1947 and its adjustment against the drawback payable on the export of produetg specified in such licence the, new provision also requires the importer to pay the unadjusted amount together with interest on that amount at the rate of 12 per cent per annum czeluse 18-this clause seeks to amend section 159 of tlie customs act relating to layin~ of rules before ellch hr,use of parliament to bring it in oonfirmlty with the recommendations of the committee on subordinate legislation clause 19-this clausp s~ek!; to ~ub<:mlltn dause (f) of sectinn 2 of the central excises and salt act with a view to -"ake it clear that the word 'manufacture' shall include certain processes, applying of a registered trade mark as defined in the trade and merchandise marks act 1958 on the excisable goods and the packing of excisable goods for thed storage in the retailer's or industrial consumer's premises but shall not include the packing done solely for the purpose of transport of the said goods gil' packing done by the retailer the processes comprise (i) any manufacturing process to make a product marketable to the consumers or users, (ii) any process carried out on the excisable goods which adds to their value and which is carried out with the aid of power or machine or if carried on without the aid of power or machine where specifical1y so provided in the first schedule provided that such process is not carried out in the course of manufacture of any other goods, and (iii) any other process incidental or ancillary t:> the completion of a manufactured ll'l"oduct clause 20-this clause seeks to substitute sub-section (3) of section 3 of the central excises and salt act with a view to set the legal position beyond doubt that different tariff values may be fixed not only for different classes or descriptions of the excisable gooos but also for (i) excisable goods of the same class or description produced or manufactured by different classes of pr:>ducers or manufacturers, or (ii) excisable goods of the same class or description sold to different classes of buyers while fixing different tariff values, regard should be had to the sale prices charged by the r\ifterent classes of producers or manufacturers or to the normal practice of the wholesale trade in such goods clause 21- this clause seeks to insert a new section 3a in the central exeises and salt act which prov:des for adjustment of the duty already paid against the duty leviable after further manufacture as indicated in this clause clause 22-this clause seeks to amend section 4 of the central excises and salt act with a view to bring out more clearly the intention behind the valuation provision introduceci in the central excise law in the year 1973 and to effect certain other changes sub-section (2) af section 4 is being substituted to provide that even in the cases of equalised freight the cost of transportation shall be excluded from the price the definition of 'related person' is also being recast to provide that only a person who is so associated with the assessee' that such person and the assessee have such business interest between each other as may aftect the price charged will be a related person employee of the assessee is also being included in the category of 'related persons' the definition of 'relative' is being extended to cover in the case of a partnership firm, a relative of a partner and in the case of a company, a relative of the chairman or of a director who is controlling or managing the business of the company the expressions 'distributor' and 'sub-custributor' are also being defined clause (d) of sub-section (4) is also amended with a view to effect two changes in the lirts place 'sub-clause (i) is being amende(! to make it conform to the new definition of 'manufacture' further, it is now being c1arl1led that the cost of packing which is of a durable nature is not to be included not only when the packing supplien by the assessee is returnable to him butaiso where the p'lck;n~ supplied by the buyer is returnable to him lastly, the explanation is being reworded to make it clear that it is an inclusive and not an exhaustive definition of 'packing' an explanatfon is being added to aub-clause (11) of clause (d) to clarify that the value includes the expenses incurred by or on behalf of the ass&osee for promoting the sale of excisable goods, the expenses incurred by the ~essee for the sale of ex"'cisable goods in the course of wholesale trene, the expenses incurred by the assessee for discharging the warranty obligation for rectifying manufacturing defects for the period during which qonnally warranty is given ann also any amount representing the discount or il'eduction given for the transfer of the warranty obligat;on to aoy other person the value shall also include the profit made by the &s8e5iee on the sale of the excis: ble goods clause 23-this clause seeks b insert a new section 5 in the central excises and salt act with a view to empower the central government to make rules for remission of duty on any excisable goods liable to duty but which due to any natural cause are found to be deficient in quantity such rules may also fix the limit or limits 01 percentage beyond which no such remission shall be allowed and the different limit or limits of percentuge for different varieties of the same excisable goods or for different areas or for different seasons clause 24-this clause seeks to insert new sections llat lib and lie in the central ex~ises and salt act section lla seeks to incorporate in the act the existing provision contained in the central excise rules relating to recovery of duties not levied or not paid or shoft-levled or short-paid or eri"jneously refunded similarlyt dew section llb seeks to incorporate in the act the time limit of· six months provided in the central excise rules for claiming refund of duty paid in ~s it also imposes a prohibition that no claim for refund, except as otherwise provided by or under the central excises and salt act, shall be entertained it is being further provided that the pl":>visions of this section shall also apply to a claim for refund of any amount cauded as duty of excise though the goods in respect of which such amount was collected were in fact mt liable to duty of excise or were exempt from such duty and no court shall have any jurisdiction in respect of such claim new section uc seeks to provide that if the central government is satisfied that there has been a uniform practice or near uniform practice prevaiung all over india for assessment of any goods, the government may direct that the duty in excess of that payeble in accordance with such practice shall not be required to be paid for the period during which the government considers that such practice was prevalent clause 25-this clause seeks to amend section 35 of the central excises and salt act with a view to provide that no appeal ullder this section shall lie to the central board ofexciae and customs against a decision or order passed in revision under section 35a by a collector of central excise clause 26-this clause'seeles to substitute section 35a of the ·ceral excises and salt act with a view to make two chanits in thisprovisian in the ftrst place, the couector of central excise· is b,mg, ,given the power to reviae any decision or order ~1ihd under, ,tbe,central bxcises and salt act or the, rules made thereunder by a central exmse dlfteer subordinate to him secondly, it is beidg provided that where the proposed order in revision relates to levy or enhancement of duty or requires pa~ent·of duty erroneously refunded, the notice to shlw cause should be given to the person affected witbid the time limit specified in section lla ie the time limit for issuing notice for recovery of duties not levied or not paid, or short-levied or short-paid or erroneously refunded clause 27-this clause seeks to amend sectkm 36 of the central e1cc1ses and salt act, firstly to provide that every application for revision under sub-section (1) shall be accompanied by a fee of rupees one hundred and 'tweny-five and secondly that no order levying or enhancing the duty or no order requiring the payment of duty so refunded shall be made by the central government unless the person affected by the proposed order is given notice to show cause against it within the time limit specified in section lla ctause 28-this clause seeks tj nmend sed;on 37 of the central excises an1 salt act for m1king rules in respect of matters dealt with by new se :tion 5, inserted by clausz 23 clause 29-this clause seeks to insert a new section 37a in the central excises and salt act to p:ovide for a general prjvision lor delegation of powers as in section 152 of the customs act clause 30-this clause seeks to amend sub-section (2) of section 3 of the central boards of revenue act, 1963 with a view to provid;! that each of the two boards, namely, t:le central board of direct taxes and the central board of excise and customs shall consist of such number of persons not exceeding seven as the central gjvernment may deem fit to appoint the maximum strength, at present, is five clause 30 of the bill seeks t::> amend the central boards of revenue act, 1963 the effect of this amendment will be that the maximum number of members of each of the two boards, namely, the central bjard of excise and customs and the central board of direct taxes could be up to seven instead of the present strength of five the amendment proposed as such does not involve any expenditure, but as and when the number of members is increased, there will be additional expenditure it is not posslble to anticipate accurately the expenditure which would be inv'::>lved in this regard because that would depend on the increase in the number of members however, on the basis that the maximum number of members would be seven in each of the two boards, the recurring annual expenditure is likely to be ot the order of rs 2,64,000 the non-recurring expenditure will be of the order of rs 60,000 clause 28 seeks to insert a new clause in sub-se~tion (2) of section 37 of the central excises and salt act, 1944 which provides for the making of rules under the new clause, the central government is being empowered to make rules to provide for the remission of duty of excise leviable on any excisable goods which due to any natural cause arc found to be deficient in quantity, for the limit or limits of percentage beyond which no such remission shall be allowed and for the different limit or limits of percentage for di~erent varieties of the same excisable g::lods or for different areas or for different seasons the matters with respect to which rules may be made ate matters of procedure and detail and it is not practicable to provide them in the bill itself the delegation of legislative power is, therefore, of a normal character - (52 of 1962) - definitions - 2 in this act, unless the context otherwise requires,-- - - (28) "indian customs waters" means the waters extending into the sea to a distance of twelve nautical milei!i l!rjbaiure& 'fnm, the appropriate base line on the coast of india del includes my be" gulf, harbour, creek or udal river; - iu of 1975 14 (1) for the purposes of the customs tariff act, 1975, or any other law for the time being in ~)rce whereunder a duty of customs is chargeable on any goods by reference to their value, the value of such goods shall be d·eemed to be-valuation of goods for purposes of assessment (a) the price at which such or like goods are ordinarily sold, or loffered for sale, for delivery at the time and place of importation or exportation, as the case may be, in the course of international trade, where the seller and the buyer have no interest in the business of each other and the price is the sole consideration for the sale or offer for sale: provided that in the case of imported goods, such price shall be calculated with reference to the rate of exchange as in force on the relevant date referred to in sub-section (1) of section 15; - - - - 15 (1) the rate of duty, rate of exehange and tariff valuation, if any, applicable to any imported goods, shall be the rate and valuation in force-(a) in the case of goods entered for home consumption under section 46, r:>n the date on which a bill or entry in respect of such goods is presented under that section; date for determination of rate of duty and tariff valuation of imported goods (b) fn the case of goods clearer! from a warehouse under section 68, on the date on which the goods are actually removed from the warehouse; (c) in the case of any other goods, on the date at payment of duty: i ' provided that if a bill of entry has been presented before the date ~f entry inwards of the vessel by which the goods are imported, the bill of entry shall be deemed to have been presented on the date of such entry inwards - - - - (3), for the purposes of section 14 and this seetion-(a) "rate "f exchange" means the rate of exchange determined by 'the central government for the comrcrsion of indian currency into foreign currency or foreign currency into indian currency; 7 of lm7 (b) "foreign currency\' and "indian currency" have the meanings respectively assigned to them in the foreign exchange regula-·tionad, 1947 - - - - - claim for refund of duty 17 (1) aay person chumjng refund of any duty paid by him in puraumae·of anm-dar of·assessirent made by an ,deer of eustems lower in: rbdk than an auistant collector of customs may make an application for refund of such duty t) the assistant collector of customs before the expiry of six months from the date of payment of duty: previded that the itmituion of"ix mcmths ·shall not apply where·· any duty bas'been paid under protest &rplanation-:wbere any duty is paid provisionally under section 18, the period, of six months shall be computed from the date at adjustment of duty after the final assessment 'thereof - - - - - 28 (1) when aay duty has not been levied or has been short-levied or erroneously refunded, the proper officer may, within six months from the relevant date, serve notice on the person chargeable with the duty wbidh has not beerdevied orwhieh has'beensoshort-levied or to wh~m the ,refund ·bas·errolleeusjy been made, requiring him to show cause why 'he sh,yld not pay the amount specified in the notice: notlcelor payment of· duties bot levied, shol'tlevied or erroneously refunded provided that where any duty has not been levied or has been shortlevied or has been errel\eously l'<6funded by reason of collusion or any wilful mil-statement or suppression of facts by the importer or the exporter or the agent or employee of the importer 'or exporter, the profilll(jiis of this subaecttonshal1 have effect as if ilgr the words usix months" tbe words "five years" were substituted - - - - - m (1) - - - - - ktry ot loods on impor~ tauon (") a bt11 of entry under sulhection (1) may be presented at any time 1lfter '~he delivery of the import manifest or import report as the case may be: provided that the collector of customs may in any special circumstances permit a bnt of entry to be presented before the delivery of such manifest or repert - - - - - 61 any warehoused goods may be left in the warehouse in which they are deposited or in any warehouse to which they may be removed, till the expiry of three years after the date on which the proper officer made an order under section 60 permitting the deposit of the gojds in a warehouse: period for 'l'ihieh goods may remain warehoused pl'i:>vided that-(i) in the case of any goods which are likely to deteriorate, the aforesaid period of three years may be reduced by the collector of customs to such shorter period as he may deem fit; (ii) in the case of any goods which are not likely to deteriorate, the aforesaid period i()f three years may, od sufticient cause being shown, be extended by the collector of customs for a period not exceeding one year and by the board for such further period as it may deem fit: provided further that when the licence for any private warehowie is cancelled, the owner (jf any goods warehoused thej:ei'n shall, within seven days from the date on which notice of such cancellation is given or witni •• such extended period as the proper office may allow, remove the goocts from such warehouse to another warehouse or clear them for home consumption or exportation - - - - - 75 (1) - - - - - (2) the central government may make rules for the purpose of carrying out the provisions of sub-section (1) and, in particular, such rules may provide-drawback onimported materrials used in the manufacture of ,oods which are exported (a) for the payment of drawback equal to the amowlt of duty actually paid on the imported matedals used ill the manufacture of the goods or as is specified in the rules as the average amount of duty paid ijn the materials of that class or description used in the manufacture of goods of that class or desci'iption either by manufacturers generally or by any particular manufacturer; - - - - - confiscation of gockla attempted to belmproperly exported, etc 113 the following export goods shall be liable to confiscation:-- - - - - (i) any dutiable or prohibitet\ goods which do not correspond in any material particular with the entry made under this act or in the case of baggage with the declaration made under section 77 in respect thereof; - - - - - 122 in every case under this chapter in which anything is liable to confiscation or any person is liable to a, penalty, such confiscation or penalty may be adjuged,-- - - - - adjudication of eonftacations and penalties (b) where the valve of the goods liable to confiscation does not exceed ten thousand rupees and where the penalty proposed to be imposed does not exceed two thousand rupees, by an assistant collector of customs; (c) where the value of the goods liable to confiscation does not exceed ode thousand rupees and where the penalty proposed to be imposed does not exceed two hundred rupees, by a gazetted officer of customs lower in rank than an assistant collector of customs - - - - - 128 (1) any person aggrieved by any decision or order passed under appeals 6ia act may, within three months from the date of the communication ~ him of such decision or order-(4) where the decision pr order has been passed by a conector at customs, appeal to the board (b) where the decision or order has been passed by an ofticer of customs lower in rank than a collector 1:>( customs, appeal to the appellate collector of customs: provided that the appellate authority may, if it is satisfted that the appellant was prevented by sufficient cause from presenting the appeal within the aforesaid period of three m:>nths, allow it to be !presented within a further period of three months - - - - - powers of revision of board 130 (1) the board may of its own motion or on the application of any aggrieved person call for and examine the recorr\ of any proceeding in which an officer of customs has passed any decision or order under -t1iis act (not being an order passed in appeal under section 128) for the purpose of satisfying itself as to the legality or p'ropriety of any such ·decision or order and may pass such order thereon as it thinks fit: provided that no order enhancing any penalty or fine in lieu of con- fiscation or confiscating goods of greater value shall be passed under this section unless the person affected by the proposed lorder has been given a reasonable opportunity of showing cause against it: provided further that where the board is of opinion that any duty ,of customs has not been levied or has been short-levied, no order levyiag or enhancing the duty shall be made unless the person affected by "the proposed order is given notice to show cause against it within the "time limit specified in section 28 (2) no decision or order passed by an officer of customs shall be 'revised under this section by the board of its own motion and no application for the revis):>n of any such decision or order shall be entertained, after the expiry of two years from the date of such decision or order - - - - - 135 (1) without prejudice to any action that may be taken under ; this act, if any person-evuiodof duty or prohibitions (4) is in relation to any goods in any way knowingly concerned · in any fraudulent evasion or attempt at evasion of any duty charge-· able thereon or of any prohibition for the time befng imposed under this act or any other law for the time being in force with respect to · such goods, or (b) acquires possession of or is in any way concerned in carryjd,,-removing, depositing, harbouring, keeping, concealing, selling or purchasing or in any other manner dealing with any goods which he knows or has reason to believe are liable to confiscation under aec- tion 111, he shall be punishable,-(i) in the case of an offence relating to any of the goods to w1ilc1i section 123 applies and the market price whereof exceeds one laldl of rupees, with imprisonment for a term which may extend to seva years and with fine: provided that in the absence of special and adequate reasons to - the contrary to be recorded in the judgment of the court, such imprisonment shall not be for less than six months; (ii) in any other case, with imprisonment for a term which may extend to three years, or with fine, or with both (2) if any person convicted of an offence wider this section or under sub-section (1) of section 136 is again convicted of an offence under tbui c section, then, he shall be punishable for the second and for every subsequent offence with imprisonment for a term which may extend to seven years and with fine: provided that in the absence of special and adequate reasons to tlie contrary to be recorded in the judgrrumt of the court su~ imprisouinent shall not be for less than six months (3) for the purposes of sub-sections (1) and (2), the following sbad" not be considered as special and adequate reasons for awarding a sentence , of imprisonment for a term of less than six months, namely:-' (i) the fact that the accused has been convicted for the first time ' for an offence under this act; (ii) the fact that in any proceeding under this act, othertli8l'l a prosecution, the accused has been ordered to pay a penalty or the goods which a~e the subject matter of such proceectings have bed·· ordered to be confiscated or any other action has been taken apiiiit him for the same act which constitutes the offen-ce; (iii) the fact that the accused was not the principal offender and was acting merely as a carrier of goods or otherwise was a seeolidary party to the commission of the offence; (iv) the age of the accused - - - - - ruleland certajn notifteationa to be laid before paruament lb every rule made under this act ilnd every notit\cation ismed' under sections 11, llb, 11h, 11-1, 11k, 11n, 14, 25, 43, 86, 89; 70; 14; 'l5j 76, 98, 101 and 123 shall be laid as soon as may be after it is made or issued ' before each house of parliament while it is in session for a total period of thirty days which may be comprised in ode session or bl two succeiidve sessions, and if~ before the expiry ot the session in which it is so ldl or' the session immediately following, both houses agree in matdng 'any' modification in the rule or notification or both houses agree that the'rule should not be made or the notification should not be issued the rule or notification shall thereafter have e1fect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shan be without prejudice to the validity of anything previously done under that rule or notification - - - - - ex'l1lacts prom the central excises and salt ak:r, 1944(1 01' 1944) - - - - - 2 in this act, unless there is anything repugnant in the subject or deflnicontext,-ticma - - - - - (f) "manufbcture" includes any process incid~ntal or ancillary to the completion of a manufactured product; and (i) in relation to tobacco includes the preparation of cigarettes, cigars, cheroots, biris cigarette or pipe or hookah tobacco, chewing tobacco or snuff; (i4) in relation to m8nufactul'ed tobacco, includes the labelling or re-labelling of containers and re-packing from bulk packs to retail packs or the adoption of any other trea~ent to render the produt:t marketable to the consumer; (ii) in relation to salt, includes collection, removal, preparation, steeping evaporation, boiling, or anyone or more of these processes, the separation or purification of salt obtained in the manufacture of saltpetre, the separation of salt from earth or other substance so as to produce alimentary salt, and the excavation or removal of natural saline deposits or efflorescence; (iii) in relation to patent or proprietary meaicines as defined in item no 14e of the first schedule and in relation to cosmetics and toilet preparations as defined in item nof4f of that schedule, includes the conversion of powder into tablets or capsules, the labellilli dr re-iabelling of containers intended for consumers and re-packing from bulk packs to retail packs or the adoption of any other treatment to render the product mark~~ abje to the consumers; (iv) in relation to goods comprised in item no loa of the first schedule, idcludes sizing, beaming warping, wrapping, winding or reeling, or anyone or more of these processes, or tne conversion of any form of the said goods into another form at such goods; and the word "manufacturer" shall be construed accordingly and shall fnc1ude not only a person· who employs hired labour in the production or manufacture o~ 'excii;at)le goods, but also any person who engages m their production or manufacture on his own account; - - - - - 3 (1) - - - - - (3) different tariff values may be ftxed for different classes or des criptions of the same article - - - - - duties 'pecified in the first schedule to be levied 4 (1) - - - - - valuation of excisable goods for purposes of charging of duty of excise (2) where, in relation to any excisable goods the price thereof for delivery at the place of removal is not known and the value thereof ii determined with reference to the price for delivery at a place other than the place of removal, the cost of transportation from the place of ~emoval to the place of delivery shall be excluded from such price - - - - - (4) for the purposes of this section,-- - - - - (c) "related person" means a person who is so associated with the assessee that they have interest, directly or indirectly, in the business of each other and includes a holding company, a subsidiary company, a relative and a distributor of the assessee, and -any subdistributor of such distributor expzanation-in this clause "holding company", subsidiary company'" and "relative" have4!tthe same meanings as ih the companies act, 1956j : ; ~ : ':: (d) "value" in relation to any excisable goods,-(i) where the goods are delivered at the time of removal in a packed condition, includes the cost of such packing except the cost of the packing which is of a durable nature and is returnable by the buyer to the assessee , j' explanation-in this sub-clause "packing" means the wrapper, container, bobbin, pirn, spool, reel or warp beam or any other thing in which or on which the excisable goods are wrapped, contained or wound; (ii) does not include the amount of the duty of excise, sales tax and other taxes, if any, payable on such goods and, subject to such rules as may be made, the lrade discount (such discount not being refundable on any account whatsoever) allowed in accardance with the normal practice of the wholesale trade at the time of removal in respect of such goods sold or contracted for sale; - - - - - appeals 35 (1) any person deeming himself aggrieved by any decision or order passed by a central excise otftcer under this act or the rules made thereunder may, within three months from the date of such decision or order, appeal therefrom~o the central board of excise and customs constituted under the central boards -of revenue act, 1963, or, in suoh cases as the central government directs, to any central excise oftlcer not inferior in rank to an assistant collector of central excise and empowered in that behalf by the central government such authority or officer may thereupon make such fllll'ther inquiry and pass such order 88 he thinks fit, confirming, altering or annulling the decision or order appealed against: provided that no such order in appeal shall have the effect of subjecting any person to any greater confiscation or penalty than has been revision by board 54 of 1963 adjudg~d against him in the original decision or order '" 35a the central board of excise and customs, constituted under the central boards of revenue act, 1963, may of its own motion or otherwise, call for and examine the record of any proceeding in which any decision or order has been passed under this act or the rules made thereunder (not b~ing a decision or order passed on appeal under section 35) for the purpose of satisfying itself as to the correctness legality or propriety 01 such decision or order and may pais such order thereon as it thinks fit: provided that no decision or order shall be varied so as to prejudicially affect any person unless such person is given a reasonable opportunity of making a representation and, if he so desires, of being heard in hii defence: provided further that no proceedings shall be commenced under this section in respect of any decision or order (whether such decision or order has been passed before or after the coming into force of this section) after the expiration of a period of, one year from the date of such decision or order revision by central government 38 (1) - - - - - (2) the central government may, of its own motion or otherwise call fol' and examine the record of any proceeding in which any decision or order has been passed under section 35 or section 35a of this act fqr the purpose of satisfying itself as to the correctness legality or propriety of such decision or order and may pass such order thereon as it thinks tit: provided that no decision or order shall be varied so 35 to prejudicially affect any person unless such person is given a reasonable opportunity of making a representation and, jf, he so desires, of being haard in his defence: provided further that no proceedings shall be commenced under this sub-section in respect of any decision or order (whether such decision or order has been passed before or after the coming into force of this subsection) after the expiration of a period of one year from the date of, such decision or order - - - - - 37 (1) - - - - - (~) in particular, and without prejudice to the generality of the furegoing }jower, such rules may-- - - • - - power of ccftltral govem- ment to make rules extract from the centjlal boards of revenue act, 1983 (54 or 1963, - • - • •3 (1) - - - - - (1) each board shall consist of luch number of persons not exceeding five as the central government may think fit to appoint - - - - - constitution of separate central boards for direct taxes and for excise ndega· tolds a billto pl'ovide for certain amendments to the customs act, 1962, the central kcisea and salt act, 1944 and the central boatds of revenue act, 1963 (shri sc1tiah aggnoc11, minuter oj stgte in the minibtry of finance) | Parliament_bills | 107dbfdb-37dd-592d-9e5d-506ff6530120 |
the provisional collection of taxes (temporary amendment) bill, 1957(as introduced in 1o1t sabha) the provisional collection of taxes (temporary amendment) bill,' 1957 (as introduced in lor sabha)a bill to amend the provisional collection of taxes "act 1931" for temporary period be it enaeted by parliament in the eighth year of the republic of india as follows:-1 this act may be called the provisional collection of tuell short lltk , (temporary amendment) act, 1957 ~ 2 where a bill introduced in parliament during the period tempoiiid1 commencing on the 15th day of may, 1957, and ending with the 311t :::::: day of december, 1957, contains a declared provision as defined in and s act section 2 of the provisional collection of, taxes act, 1931, sections 4: 16 of (9)' and 5 of that act shall have effect in relation to such bill as if for c() the words "sixtieth day" in clause (c) of sub-section (2), 01 section and in sub-section (1) of section 5, the words "one hundred and twentieth day" had been substituted statement of objects and reasonsa finance bill proposing inter alia certain increases in customs and excise duties has been introduced in the current session of parliament by virtue of a declaration appended to the bill under the provisional collection of taxes act, 1931, these increases have been provisionally brought into force immediately with the introduction of the bill the authority for provisional collection of the increases derived from this declaration lapses at the end of 60 days the finance bill would, therefore, have to be enacted into law within this period, if provisional collection is not to come to a stop and an du~ie8 provisionally collected are not to become refundable the duration of the current session of parliament is expected to be about three weeks only, which will not give parliament sufficient time to examine the important taxation proposals being made in the finance bill in order, therefore, that parliament may be enabled to consider that bill in its next session which is expected to commence in the month of july, 1957, the present bill proposes to extend the 6o-day period provided in the provisional collection of taxes act, 19'31 to 129 days as a temporary measure t t krishnal\4achari new dzlhi; the 11th mcifl, 1917, annexureeatract from the provisional collection of taxes act, 1931 no xvi of 1931 - - - - - 2 in this act, a "declared provision" means a provision 1n a definitiod sm in respect of which a declaration has been made under section 3 - - - - - 4 (1) a declared provision shall have the force of law immediately on the expiry of the day on which the bill containing it is ~~io; sf introduced under till, act, an,t duratil'n ihereof (2) a declared provision shall cease to have the force of law under the provisions of this act-(a) when it comes into 'operation as an enactment, with or without amendment, or (b) when the central government, in pursuance of a motion passed by the parliament, directs, by notification in the official gazette, that it shall cease to have the force of law, or (c) if it has not already ceased to have the force of law under clause (a) or clause (b), then on the expiry of the slxtieth day after the day on which the bill containing it was introduced 5 (1) where a declared provision comes into operation as an fuddcertain ro- - - to bl enactment 1d an amended form before the expiry of the sixtieth day made whel after the day on which the bill containing it was introduced, refunds :~~~ shall be made of all duties collected which would not have been have eft'~ collected if the provision adopted in the enactment had been the declared provision: provided that the rate at which refunds of any duty may be made under this sub-section shall not exceed the difference between the rate of such duty proposed in the d'eclared provision and the rate of such duty in force when the bill was introduced (2) where a declared provision ceases to have the force of law under clause (b) or clause (c) of sub-section (2) of section 4 refunds shall be made of all duties collected which would not have been collected if the declaration in respect of it had not been made a billto amend the provisional collection of taxes act 1931 for a temporary period the president has in pursuance of clauses (1) and (3) of article ii7 and clause (1) of article 274 of the constitution of india, recommended to lok sabha the introduction and consideration of the bill m n kaul secretary (shri t t krishnamachari, ministe1' of finance) gmgipnd-l8-i-324 ls-17-s-s7-175o | Parliament_bills | bb4f9952-e8b4-5341-8432-1c1edbe3f9f9 |
bill no 181 of 2016 the compulsory teaching of legal education in educational institutions bill, 2016 byshri chandra prakash joshi, mp a billto provide for compulsory teaching of legal education in all educational institutions and for matters connected therewith or incidental theretobe it enacted by parliament in the sixty-seventh year of the republic of india as follows:—definitions2 in this act, unless the context otherwise requires,—(a) "advisory council" means the advisory council for legal education constituted under section 6;5(b) "appropriate government" means in the case of a state, the government of that state and in all other cases, the central government;(c) "educational institution" means a primary or a middle or a secondary or a senior secondary level school imparting education to children, by whatever name such institution is called, but does not include a minority educational institution;10(d) "legal education" means such aspects of civil and criminal law as are necessary for development of legal awareness in students; and(e) "prescribed" means prescribed by rules made under this act3 from such date, as the central government may, by notification in the official gazette specify, the legal education shall be taught as a compulsory subject in all educational institutions from such class onwards as may be determined by the central government on the recommendation of advisory council15compulsory teaching of legal education in educational institutions4 the appropriate government shall, immediately after issuance of the notification under section 3, issue directions for compulsory teaching of legal education in all educational institutions within its jurisdictionappropriate government to issue directions for compulsory teaching of legal education in educational institutions appointment of teachers205 subject to such matters, as may be prescribed, the appropriate government shall ensure appointment of such number of teachers with such qualifications, as may be specified, for teaching legal education in educational institutionsconstitution of advisory council6 (1) the central government shall, within three months of the coming into force of the compulsory teaching of legal education in educational institutions act, 2016, by notification in the official gazette, constitute an advisory council for legal education25(2) the advisory council shall consist of such number of persons, having special knowledge or practical experience in the field of law, as the central government may deem fit7 the advisory council shall perform the following functions, namely:—functions of advisory council(a) recommend to the central government the syllabus of legal education foreach class upto senior secondary level;30(b) recommend to the central government the class from which onwards thelegal education shall be taught in educational institutions;(c) recommend to the appropriate government the qualifications of teachers tobe appointed in educational institutions for teaching legal education;35(d) recommend to the appropriate government the institutions which may begiven recognition for training teachers in legal education for the purpose of their appointment in educational institutions; and40(e) co-ordinate with the appropriate government and the educational institutions authorities with a view to ensuring effective implementation of the provisions of this act8 the appropriate government shall derecognize such educational institutions, which does not comply with the provisions of section 4, after giving such institution a reasonable opportunity of being heardderecognition of educational institutions for noncompliance of the provisions of the act5 9 the central government shall, after due appropriation made by parliament by law in this behalf, provide adequate funds to the state governments for carrying out the purposes of this actcentral government to provide funds10 the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in forceoverriding effects of the actpower to make rules11 (1) the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act10 15(2) every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both the houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule statement of objects and reasonsit has been generally believed among different sections and groups of the society that legal education is only for the law students, lawyers etc however, basic legal education can play a very important role in our daily life it is very necessary for every person to have certain basic knowledge of law, otherwise it would become very difficult for him to tackle several problems, from consumer protection to fundamental rights there are certain laws and regulations, the basic knowledge of which is very necessary for every person lack of legal awareness and knowledge is the main reason that certain rights of a person get violated so easilythe main reason why a common man does not take the violation of his rights seriously is that he lives under a belief that he would have to pay certain amount to the concerned lawyer moreover, he is scared of the legal process and the judicial system of the country and, indeed he is not wrong but there is another way which can be used to know how your rights can be protected from being violatedit has been said that knowledge is power it is the responsibility of education system to make a common man aware of his legal rights and how these legal rights can be saved current education system in schools lays emphasis on imparting quality education however, it is missing out on legal education and is, therefore, incomplete without itthe bill, therefore, seeks to provide for making legal education compulsory in all educational institutions right from primary school level to senior secondary level in order to make it a part of school curriculumhence this billnew delhi;chandra prakash joshijuly 4, 2016 financial memorandumclause 5 of the bill provides for appointment of law education teachers in all schoolsclause 6 provides for constitution of advisory council for law education by the central government clause 9 provides for payment of adequate funds to the state for carrying out the purpose of the act the bill, therefore, if enacted, would involve expenditure from the consolidated fund of india at this stage, it is not possible to give exact estimate of expenditure, both recurring and non-recurring, which will be involved from the consolidated fund of india, if the bill is enacted into a law however, it is estimated that a recurring expenditure of about rupees one hundred crore will be involved per annum from the consolidated fund of indiaa non-recurring expenditure of about rupees one hundred crore is also likely to be involved memorandum regarding delegated legislationclause 11 of the bill empowers the central government to make rules for carrying out the purpose of the bill as the rules will relate to matters of detail only, the delegation of legislative power is of a normal character———— a billto provide for compulsory teaching of legal education in all educational institutions and for matters connected therewith or incidental thereto————(shri chandra prakash joshi, mp)gmgipmrnd—1485ls(s3)—22-07-2016 | Parliament_bills | 294deda7-0465-5045-b008-ac92a9be77d3 |
the assam reorganisation (karbi dimanchal) bill, 2016 byshri biren singh engti, mp———— arrangement of clauses————part ipreliminary clauses1short title, extent and commencement2definitions part ii formation of the autonomous state of karbi dimanchal3formation of karbi dimanchal4executive power of karbi dimanchal5extent of executive power of karbi dimanchal6council of ministers7other provisions as to ministers8advocate-general for karbi dimanchal9conduct of business10duties of chief minister as respects the furnishing of information to governor, etc part iii the legislature general11constitution of the legislature of karbi dimanchal12delimitation of constituencies13power of election commission to maintain delimitation orders up-to-date14electors and electoral rolls15right to vote16qualification for membership17election to the legislative assembly18duration of the legislative assembly19sessions of legislative assembly, prorogation and dissolution20right of governor to address and send messages to legislative assembly (ii)21special address by the governor22rights of ministers as respects legislative assembly officers of the legislative assembly23speaker and deputy speaker of legislative assembly24speaker and deputy speaker not to preside while a resolution for his removal from office is under consideration25secretariat of legislative assembly26public service commission27police cadre conduct of business28oath or affirmation by members29voting in assembly, power of assembly to act notwithstanding vacancies and quorum disqualifications of members30vacation of seats31disqualifications for membership32penalty for sitting and voting before making an oath or affirmation or when not qualified or when disqualified33powers, privileges, etc of members34salaries and allowances of members legislative powers and procedure35extent of legislative power36exemption from taxation of properties of the union and the state of assam and of certain vehicles registered in assam or karbi dimanchal37inconsistency between laws made by parliament and laws made by the legislatureof karbi dimanchal38inconsistency between laws made by the legislature of the state of assam and laws made by the legislature of karbi dimanchal39special provisions as to finance bill40procedure as to lapsing of bills41assent to bills42bills reserved for consideration43requirements as to sanction and recommendation to be regarded as matters ofprocedure only procedure in financial matters44annual financial statement45procedure in legislative assembly with respect to estimates46appropriation bills47supplementary, additional or excess grants48vote on account and exceptional grantprocedure generally49rules of procedure50restrictions on discussion in the legislative assembly51courts not to enquire into the proceedings of legislative assembly legislative power of the governor52power of governor to promulgate ordinances during recess of legislative assembly part iv financial provisions53consolidated fund54contingency fund55custody of suitors' deposits and other moneys received by public servants andcourts56custody, etc, of consolidated fund, contingency fund and moneys credited to the public accounts57certain taxes levied by assam to be appropriated by karbi dimanchal58distribution of revenues59authorisation of expenditure pending its sanction by legislative assembly part v assets and liabilities60apportionment of assets and liabilities part vi administrative relations61obligation of karbi dimanchal, the state of assam and the union62control over the autonomous state in certain cases63entrustment of functions part vii transitional provisions64provisions as to provisional legislative assembly part viii miscellaneous provisions65special committee for development of diphu and haflong66provisions as to continuance of courts67provision relating to services68continuance of existing laws and their adaptations69autonomous state to be a state for certain purposes of the constitution70power of governments of assam and karbi dimanchal to carry on trade, etc, in karbi dimanchal71power to suspend provisions of this act in case of failure of constitutional machinery72construction of references to ''state'' and ''state government'' in other laws in relation to karbi dimanchal73power to construe laws74effect of provisions of act inconsistent with other laws75power to remove difficulties76amendment of the sixth schedule77amendment of act 2 of 193478amendment of act 37 of 195679power to make rules the first schedule the second schedule the third schedulethe fourth schedule bill no 145 of 2016 the assam reorganisation (karbi dimanchal) bill, 2016 by shri biren singh engti, mp a billto provide for the formation within the state of assam of an autonomous state to be known as karbi dimanchal and for matters connected therewithbe it enacted by parliament in the sixty-seventh year of the republic of india as follows:— part i preliminaryin the official gazette, appoint:provided that the different dates may be appointed for different provisions of this actdefinitions2 in this act, unless the context otherwise requires,—(a) "appointed day" means such date as the central government may, by notification in the official gazette, appoint for the formation of autonomous state;(b) "article" means an article of the constitution;5(c) "autonomous state" means the autonomous state of karbi dimanchal formed under section 3;(d) "constituency" means a territorial constituency provided by order made under section 12 for the purpose of election to the legislative assembly;10(e) "election commission" means the election commission appointed by the president under article 324;(f) "governor" means the governor of assam exercising his functions as governor in relation to karbi dimanchal by virtue of this act;15(g) "law" includes any enactment, ordinance, regulation, order, bye-law, rule, scheme, notification or other instrument, having immediately before the appointed day, the force of law in the whole or in any part of the autonomous state;(h) "legislative assembly" means the legislative assembly of karbi dimanchal;(i) "karbi dimanchal" means the autonomous state referred to in section 3; (j) "member" means a member of the legislative assembly;20(k) "official gazette" means the official gazette of karbi dimanchal or the gazette of india; and(l) "prescribed" means prescribed by rules made under this act part ii formation of the autonomous state of karbi dimanchal25formation of karbi dimanchal3 on and from the appointed day, there shall be formed within the state of assam an autonomous state to be known as karbi dimanchal which shall, subject to the provisions of part i in the table appended to paragraph 20 of the sixth schedule, comprising the following tribal areas namely:—(i) the north cachar hills district (now dima hasao autonomous district); and (ii) the karbi anglong district304 (1) the executive power of karbi dimanchal shall be vested in the governor and shall be exercised by him either directly or through officers subordinate to him in accordance with this actexecutive power of karbi dimanchal(2) nothing this section shall—35(a) be deemed to transfer to the governor any functions conferred by any existing law on any other authority; or(b) prevent parliament or the legislature of the state of assam or karbi dimanchal from conferring by law functions on any authority subordinate to the governor405 (1) subject to the provisions of this act, the executive power of karbi dimanchal shall extend to the matters with respect to which the legislature of karbi dimanchal has power to make laws:extent of executive power of karbi dimanchalprovided that in any matter with respect to which the legislature of karbi dimanchal, the legislature of the state of assam and parliament have power to make laws, the executive power of karbi dimanchal shall be subject to, and limited by, the executive power expressly conferred by this act or by any law made by parliament upon the union or the state of45assam or the authorities thereof or, as the case may be, by the legislature of the state of assam upon the state of assam or authorities thereof5(2) on and from the appointed day, the executive of the state of assam shall not extend, in relation to karbi dimanchal, to the matters with respect to which the legislature of karbi dimanchal has executive power to make laws under this act(3) for the removal of doubts, it is hereby declared that, save as otherwise provided in this act, the executive power of the state of assam shall, in relation to karbi dimanchal, continue to extend to the matters with respect to which the legislature of karbi dimanchal has no power to make laws10council of ministers6 (1) there shall be a council of ministers with the chief minister at the head to aid and advise the governor in the exercise of his functions in relation to karbi dimanchal(2) the question whether any, and if so, what, advice was tendered by minister to the governor shall not be inquired into in any court15other provisions as to ministers7 (1) the chief minister shall be appointed by the governor and 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(2) the council of ministers shall be collectively responsible to the legislative assembly20(3) before a minister enters upon his office, the governor shall administer to him the oaths of office and of secrecy according to the form set out for this purpose in the first schedule(4) a minister who for any period of six consecutive months is not a member of the legislative assembly shall at the expiration of that period cease to be a minister25(5) the salaries and allowances of the ministers shall be such as the legislature of karbi dimanchal may from time to time by law determine and, until the legislature so determines, shall be determined by the governor8 (1) the governor may, if he thinks fit to do so, appoint a person who is qualified to be appointed a judge of a high court to be advocate-general for karbi dimanchaladvocate- general for karbi dimanchal30(2) it shall be the duty of the advocate-general to give advice to the government of karbi dimanchal upon such legal matters, and to perform such other duties of a legal character as may, from time to time, be referred or assigned to him by the governor, and to discharge the functions conferred on him by or under this act or any other law for the time being in force35(3) the advocate-general shall hold office during the pleasure of the governor, and shall receive such remuneration as the governor may determineconduct of business9 (1) all executive action of the government of karbi dimanchal shall be expressed tobe taken in the name of the governor40(2) orders and other instruments made and executed in the name of the governor shall be authenticated in such manner as may be specified in rules to be made by the governor, and the validity of an order or instrument which is so authenticated shall not be called in question on the ground that it is not an order or instrument made or executed by the governor(3) the governor shall make rules for the more convenient transaction of the business of the government of karbi dimanchal and for the allocation among ministers of the said business4510 it shall be the duty of the chief minister of karbi dimanchal—| ( ||------------------------------------------------------------------------------------|| relating to the administration of the affairs of karbi dimanchal and proposals for || legislation; || duties of || chief minister || as respects || the furnishing || of || information || to governor, || etc |50(b) to furnish such information relating to the administration of the affairs ofkarbi dimanchal and proposals for legislation as the governor may call for; and(c) if the governor so requires, to submit for the consideration of the council of ministers any matter on which a decision has been taken by a minister but which has not been considered by the council5 general11 (1) there shall be a legislature for karbi dimanchal which shall consist of the governor and the legislative assemblyconstitution of the legislature of karbi dimanchal10(2) the total number of seats in the legislative assembly to be filled by persons chosen by direct election from constituencies in karbi dimanchal shall be fixed by the central government by notification in the official gazette after consultation with the election commission, but shall not be less than fifty four:provided that all the seats of legislative assembly shall be reserved for persons belonging to the scheduled tribes15(3) the existing twenty six missing autonomous council (mac) constituencies of autonomous hills district of karbi anglong and twenty eight mac constituencies of autonomous hills district of dima hasao shall be the legislative assembly constituencies of the karbi dimanchal autonomous state20(4) the governor may, if he is of opinion that any unrepresented communities in karbi dimanchal need representation in the legislative assembly and are not adequately represented therein, nominate not more than three members of such communities, not being persons in the service of the government, to the legislative assemblydelimitation of constituencies2512 (1) the election commission shall, in the manner herein provided, distribute thetotal number of seats in the legislative assembly as fixed under sub-section (2) of section 11 to single member constituencies and delimit them on the basis of the latest census figures having regard to the following provisions, namely:—(a) all constituencies shall, as far as practicable, consist of geographically compact areas, and in delimiting them, regard shall be had to the physical features, existing boundaries of administrative units, facilities of communication and public convenience;30(b) every constituency shall be so delimited as to fall only within an assembly constituency of the legislative assembly of the state of assam; and(c) the population of each constituency shall, as far as practicable, be the same throughout karbi dimanchal35(2) for the purpose of assisting the election commission in the performance of its functions under this section, the commission shall associate with itself such number of associate members not exceeding five as the governor may nominate to represent karbi dimanchal:provided that none of the associate members shall have a right to vote or to sign any decision of the election commission40(3) if owing to death or resignation, the office of an associate member falls vacant, it shall be filled as soon as may be practicable by the governor in accordance with the provisions of sub-section (2)(4) the election commission shall—45(a) publish its proposals for the delimitation of constituencies, together with the dissenting proposals, if any, of any associate member who desires publication thereof, in the official gazette and in such other manner as the commission may consider fit, together with a notice inviting objections and suggestions in relation to the proposals and specifying a date on or after which the proposals will be further consider by it;(b) consider all objections and suggestions which may have been received by it before the date so specified, and for the purpose of such consideration hold one or more public sittings at such place or places as it may think fit; and5(c) after considering all objections and suggestions which may have been received by it before the date so specified, determine by one or more orders the delimitation of the constituencies and cause such order or orders to be published in the official gazette; and upon such publication, the order or orders shall have the full force of law and shall not be called in question in any court10(5) as soon as may be after such publication, every such order shall be laid before the legislative assembly(6) upon the completion of each census, the total number of seats in the legislative assembly and the division of karbi dimanchal into territorial constitutencies shall be readjusted by such authority and in such manner as parliament may be law determine;15provided that such readjustment shall not affect representation in the legislative assembly until the dissolution of the then existing assemblyexplanation—in this section "latest census figures" mean the census figures with respect to karbi dimanchal ascertainable from the latest census of which the finally published figures are available2013 (1) the election commission may, from time to time, by notification in the official gazette,—(a) correct any printing mistake in any order made under section 12 or any error arising therein from inadvertent slip or ommission; andpower of election commission to maintain delimitation orders up-todate25(b) where the boundaries or name of any territorial division mentioned in any such order are or is altered, make such amendments as appear to it to be necessary or expedient for bringing such order up-to-date (2) every notification under this section shall be laid, as soon as may be after it is issued, before the legislative assemblyelectors and electoral rolls3014 (1) the persons entitled to vote at an election of members shall be the persons entitled by virtue of the provisions of the constitution and the representation of the people act, 1950, to be registered as voters at elections to the house of people(2) the electoral roll for every constituency shall consist of so much of the electoral roll for an assembly constituency of the legislative assembly of the state of assam as relates to the areas comprised within each such constituency and it shall not be necessary to prepare or revise separately the electoral roll for any such constituency35right to vote15 every person, whose name is for the time being entered in the electoral roll for a constituency, shall be entitled to vote at the election of a member from that constituency16 a person shall not be qualified to be chosen to fill a seat in the legislative assembly unless he—qualification for membership40(a) is a citizen of india and makes and subscribes before some person authorisedin that behalf by the election commission an oath or affirmation according to the form set out for the purpose in the first schedule;(b) is not less than twenty-five years of age; and (c) is an elector in any constituency in karbi dimanchal45election to the legislative assembly17 the provisions of part i, chapter iii and iv of part ii and parts iii to xi of the representation of the people act, 1951, and of any rules and orders made thereunder for the time being in force, shall apply to and in relation to the elections to the legislative assembly of karbi dimanchal as they apply to and in relation to an election to the legislative assembly of a state, subject to such modifications as the president may, after consultation with the election commission, by order, direct18 the legislative assembly, 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 legislative assembly:duration of the legislative assembly5provided that the said period may, while a proclamation of emergency issued underclause (1) of article 352 is in operation, be extended by parliament by law for a period notexceeding one year at a time and not extending in any case beyond a period of six months after the proclamation has ceased to operate1019 (1) the governor shall, from time to time, summon the legislative assembly to meet at such time and place as he thinks fit, but six months shall not intervene between its last sitting in one session and the date appointed for its first sitting in the next session(2) the governor may, from time to time,—sessions of legislative assembly, prorogation and dissolution(a) prorogue the legislative assembly(b) dissolve the legislative assembly1520 (1) the governor may address the legislative assembly and may for that purpose require the attendance of membersright of governor to address and send messages to legislative assembly(2) the governor may send messages to the legislative assembly, whether with respect to a bill then pending in the legislative assembly or otherwise and when a message is so sent, the legislative assembly shall with all convenient dispatch consider any matter required by the message to be taken into consideration20special address by the governor21 (1) at the commencement of the first session after each general election to thelegislative assembly and at the commencement of the first session of each year, the governor shall address the legislative assembly and inform the assembly of the causes of its summons(2) provision shall be made by the rules regulating the procedure of the legislative assembly for the allotment of time for discussion of the matters referred to in such address25rights of ministers as respects legislative assembly22 every minister and the advocate-general for karbi dimanchal shall have the rightto speak in, and otherwise to take part in the proceedings of, the legislative assembly, and to speak in, and otherwise to take part in the proceedings of, any committee of the legislative assembly of which he may be named a member, but shall not, by virtue of this section, be entitled to vote officers of the legislative assembly3023 (1) the legislative assembly shall, as soon as may be, choose two members of the assembly to be respectively speaker and deputy speaker thereof, and, so often as the office of speaker or deputy speaker becomes vacant, the assembly shall choose another member to be speaker or deputy speaker, as the case may bespeaker and deputy speaker of legislative assembly(2) a member holding office as speaker or deputy speaker of the legislative assembly—35(a) shall vacate his office if he ceases to be a member of the assembly; (b) may at any time by writing under his hand addressed, if such member is the speaker, to the deputy speaker, and if such member is the deputy speaker, to the speaker, resign his office; and40(c) may be removed from his office by a resolution of the legislative assembly passed by a majority of all the then members of the assembly: provided that no resolution for the purpose of clause (c) shall be moved unless at least fourteen days' notice has been given of the intention to move the resolution:45provided further that whenever the legislative assembly is dissolved, the speaker shall not vacate his office until immediately before the first meeting of the assembly after the dissolution(3) while the office of speaker is vacant, the duties of the office shall be performed by the deputy speaker or, if the office of the deputy speaker is also vacant, by such member of the legislative assembly as the governor may appoint for the purpose(4) during the absence of the speaker from any sitting of the legislative assembly, the deputy speaker or, if he is also absent, such person as may be determined by the rules of procedure of the legislative assembly, or, if no such person is present, such other person as may be determined by the legislative assembly, shall act as speaker5(5) there shall be paid to the speaker and the deputy speaker of the legislativeassembly such salaries and allowances as may be respectively fixed by the legislature of karbi dimanchal by law and, until provision in that behalf is so made, such salaries and allowances as the governor may, by order, determine1024 (1) at any sitting of the legislative assembly, while any resolution for the removal of the speaker from his office is under consideration, the speaker, or, while any resolution for the removal of the deputy speaker from his office is under consideration, the deputy speaker, shall not, though he is present, preside, and the provisions of sub-section (4) of section 23 shall apply in relation to every such sitting as they apply in relation to a sitting from which the speaker or, as the case may be, the deputy speaker is absent15speaker and deputy speaker not to preside while a resolution for his removal from office is under consideration(2) the speaker shall have the right to speak in, and otherwise to take part in the proceedings of, the legislative assembly while any resolution for his removal from office is under consideration in the legislative assembly and shall, notwithstanding anything in section 27, be entitled to vote only in the first instance on such resolution or on any other matter during such proceedings but not in the case of an equality of votes2025 (1) the legislative assembly shall have a separate secretarial staffsecretariat of legislative assembly(2) the legislature of karbi dimanchal may by law regulate the recruitment, and the conditions of service of persons appointed, to the secretarial staff of the legislative assembly25(3) until provision is made by the legislature of karbi dimanchal under sub-section(2), the governor may, after consultation with the speaker of the legislative assembly, make rules regulating the recruitment, and the conditions of service of persons appointed, to the secretarial staff of the legislative assembly, and any rules so made shall have effect subject to the provisions of any law made under and said sub-sectionpublic service commission3026 the karbi dimanchal autonomous state shall have its own department of personnel administration and as such shall have own service cadre and shall be known as "karbi dimanchal public service commission"police cadre27 the karbi dimanchal autonomous state shall have its own police cadre to beknown as karbi dimanchal police cadre which shall be recruited by the karbi dimanchal public service commission conduct of business35oath or affirmation by members28 every member of the legislative assembly shall, before taking his seat, make andsubscribe before the governor, or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the first schedule4029 (1) save as otherwise provided in this act, all questions at any sitting of the legislative assembly shall be determined by a majority of votes of the members present and voting other than the speaker or person acting as such(2) the speaker or person acting as such shall not vote in the first instance, but shall have and exercise a casting vote in the case of an equality of votesvoting in assembly, power of assembly to act notwithstanding vacancies and quorum45(3) the legislative assembly shall have power to act notwithstanding any vacancy in the membership thereof, and any proceedings in the legislative assembly shall be valid notwithstanding that it is discovered subsequently that some person who was not entitled so to do sat or voted or otherwise took part in the proceedings(4) until the legislature of karbi dimanchal by law otherwise provides, the quorum to constitute a meeting of the legislative assembly shall be ten members50(5) if at any time during a meeting of the legislative assembly there is no quorum, it shall be the duty of the speaker or person acting as such either to adjourn the assembly or suspend the meeting until there is a quorum disqualifications of membersvacation of seats530 (1) no person shall be a member of parliament or of the legislative assembly of thestate of assam and also of the legislative assembly of karbi dimanchal, and if a person is chosen a member of parliament or of the legislative assembly of assam and also of the legislative assembly of karbi dimanchal, then, at the expiration of such period, as may be specified in rules made by the president, that person's seat in parliament or, as the case may be, in the legislative assembly of assam shall become vacant unless he has previously resigned his seat in the legislative assembly of karbi dimanchal(2) if a member of the legislative assembly—10(a) becomes subject to any of the disqualifications mentioned in section 31, or (b) resigns his seat by writing under his hand addressed to the speaker, his seatshall thereupon become vacant15(3) if for a period of sixty days a member of the legislative assembly is, without permission of the legislative assembly, absent from all meetings thereof, the assembly may declare his seat vacant:provided that in computing the said period of sixty days no account shall be taken of any period during which the legislative assembly is prorogued or is adjourned for more than four consecutive days2031 (1) a person shall be disqualified for being chosen as, and for being, a member of the legislative assembly—disqualifications for membership(a) if he holds any office of profit under the government of india or the governmentof any state or the government of karbi dimanchal other than an office declared by the legislature of karbi dimanchal by law not to disqualify its holder;(b) if he is of unsound mind and stands so declared by a competent court;25(c) if he is an undischarged insolvent; (d) if he is not a citizen of india, or has voluntarily acquired the citizenship of aforeign state or is under any acknowledgement of allegiance or adherence to a foreign state;30(e) if he is so disqualified by or under any of the provisions of chapter iii of part ii of the representation of the people act, 1951, as applied to and in relation to the legislative assembly by section 1735(2) for the purposes of this section, a person shall not be deemed to hold an office of profit under the government of india or the government of any state or the government of karbi dimanchal by reason only, that he is a minister either for the union or for such state or for karbi dimanchal(3) if any question arises as to whether a member has become disqualified for being such a member under the provisions of sub-section (1), the question shall be referred for the decision of the governor and his decision shall be final40(4) before giving any decision on any such question, the governor shall obtain the opinion of the election commission and shall act according to such opinion4532 if a person sits or votes as a member of the legislative assembly before he has complied with the requirements of section 28, or when he knows that he is not qualified or that he is disqualified for membership thereof, or that he is prohibited from so doing by the provisions of any law made by parliament or the legislature of karbi dimanchal, he shall be liable in respect of each day on which he so sits or votes, to a penalty of five hundred rupees to be recovered as a debt due to karbi dimanchalpenalty for sitting and voting before making an oath or affirmation or when not qualified or when disqualified33 (1) subject to the provisions of this act and to the rules and standing orders regulating the procedure of the legislature of karbi dimanchal, there shall be freedom of speech in the legislative assembly of karbi dimanchalpowers, privileges, etc of members5(2) no member of the legislative assembly of karbi dimanchal shall be liable to any proceedings in any court in respect of anything said or any vote given by him in the assembly or any committee thereof, and no person shall be so liable in respect of the publication by or under the authority of the assembly of any report, paper, votes or proceedings10(3) in other respects, the powers, privileges and immunities of the legislative assembly and of the members and the committees thereof shall be such as may from time to time be defined by the legislature of karbi dimanchal by law, and until so defined, shall be those for the time being enjoyed by the house of the people and its members and committees15(4) the provisions of sub-section (1), (2) and (3) shall apply in relation to persons who by virtue of this act have the right to speak in, or otherwise to take part in the proceedings of, the legislative assembly or any committee thereof as they apply in relation to members of that assemblysalaries and allowances of members34 members of the legislative assembly shall be entitled to receive such salaries and allowances as may from time to time be determined by the legislature of karbi dimanchal by law and, until provision in that respect is so made, such salaries and allowances as the governor may, by order, determine20 legislative powers and procedureextent of legislative power35 (1) subject to the provisions of this act, the legislature of karbi dimanchal has exclusive power to make laws for karbi dimanchal or any part thereof with respect to any of the matters enumerated in part a or part b of the second schedule25(2) subject to the provisions of this act, the legislature of karbi dimanchal and the legislature of state of assam also shall have power to make laws for karbi dimanchal or any part thereof with respect to any of the matters enumerated in part c of the second schedule(3) for the removal of doubts it is hereby declared that nothing in sub-section (1) or sub-section (2) shall derogate from the powers conferred by the constitution—30(a) on parliament to make laws for the whole or any part of the state of assam,including karbi dimanchal, with respect to any of the matters enumerated in the second schedule; or35(b) on the legislature of the state of assam to make laws for the whole or anypart of assam, including karbi dimanchal, with respect to any of the matters enumerated in list ii or list iii in the seventh schedule to the constitution, except in so far as any of the matters aforesaid falls within sub-section (1)36 (1) the property of the union shall, save in so far as parliament may, by law, otherwise provide, be exempt from all taxes imposed by karbi dimanchal or by any authority within karbi dimanchal40(2) nothing in sub-section (1) shall, until parliament by law otherwise provides, prevent any authorty within karbi dimanchal from levying any tax on any property of the union to which such property was immediately before the commencement of this act liable or treated as liable so long as that tax continues to be levied in karbi dimanchalexemption from taxation of properties of the union and the state of assam and of certain vehicles registered in assam or karbi dimanchal45(3) the property of the state of assam shall, so long as the property of karbi dimanchal in the rest of assam in exempt from taxes imposed by the government of assam or by any authority within the state of assam, be exempt from all taxes imposed by karbi dimanchal or by any authority within karbi dimanchal(4) no vehicle registered at any place in the state of assam, not being a place in karbi dimanchal, and transiting through karbi dimanchal shall be liable to any tax under any law enacted by the legislature of karbi dimanchal so long as any vehicle registered at any place in karbi dimanchal and transiting through the territory of assam (not comprised in karbi dimanchal) is exempt from payment of any tax under any law enacted by the legislature of the state of assam5 10inconsistency between laws made by parliament and laws made by the legislature of karbi dimanchal37 (1) if any provision of a law made by the legislature of karbi dimanchal is repugnant to any provision of a law made by parliament which parliament is competent to enact, or to any provision of any existing law with respect to one of the matters enumerated in the concurrent list in the seventh schedule to the constitution, then, subject to the provisions of sub-section (2), the law made by parliament, whether passed before or after the law made by the legislature of karbi dimanchal, or, as the case may be, the existing law, shall prevail and the law made by the legislature of karbi dimanchal shall, to the extent of the repugnancy, be void15(2) where a law made by the legislature of karbi dimanchal with respect to one of the matters enumerated in the concurrent list in the seventh schedule to the constitution, which the legislature of karbi dimanchal is competent to enact under this act contains any provision repugnant to the provisions of an earlier law made by parliament or an existing law with respect to that matter, then, the law so made by the legislature of karbi dimanchal shall, if it has been reserved for the consideration of the president and has received his assent, prevail in karbi dimanchal:20provided that nothing in this sub-section shall prevent parliament from enacting at any time any law with respect to the same matter, including a law adding to, amending, varying or repealing the law so made by the legislature of karbi dimanchal2538 where a law made by the legislature of karbi dimanchal with respect to one of the matters enumerated in part c of the second schedule contains any provision repugnant to the provision of an earlier law made by the legislature of the state of assam which that legislature is competent to enact, or to any provision of any existing law with respect to that matter, then, the law so made by the legislature of karbi dimanchal shall, to the extent of the repugnancy, be void unless the law has received assent under section 41 after the governor has obtained the advice of the chief minister of assam:inconsistency between laws made by the legislature of the state of assam and laws made by the legislature of karbi dimanchal30provided that nothing contained in this section shall prevent the legislature of the state of assam from enacting at any time any law with respect to the same matter including a law adding to, amending, varying or repealing the law so made by the legislature of karbi dimanchal35explanation 1—in this section and in sections 37 and 61, "existing law" means any law, ordinance, order, bye-law, rule or regulation passed or made before the appointed day by any legislature, authority or person having power to make such a law, ordinance, order, bye-law, rule or regulation40explanation 2—in this section and in sections 41 and 52, the reference to the advice of the chief minister of assam shall, while a proclamation issued in relation to the state of assam under clause (1) of article 356 of the constitution is in operation, be construed as a reference to the instructions from the president39 (1) a bill or amendment shall not be introduced into, or moved in, the legislative assembly except on the recommendation of the governor if such bill or amendment makes provisions dealing with any of the following matters, namely:—special provisions as to financial bill45(a) the imposition, abolition, remission, alteration or regulation of any tax;(b) the regulation of the borrowing of money or the giving of any guarantee by karbi dimanchal, or the amendment of the law with respect to any financial obligations undertaken or to be undertaken by karbi dimanchal;50(c) the custody of the consolidated fund or the contingency fund of karbi dimanchal, the payment of moneys into, or withdrawal of moneys from, any such fund;(d) the appropriation of moneys out of the consolidated fund of karbi dimanchal;(e) the declaring of any expenditure to be expenditure charged on the consolidated fund of karbi dimanchal or the increasing of the amount of any such expenditure;(f) the receipt of money on account of the consolidated fund of karbi dimanchal or the public account of karbi dimanchal or the custody or issue of such money:5provided that no recommendation shall be required under this sub-section for the moving of an amendment making provision for the reduction or abolition of any tax10(2) a bill or amendment shall not be deemed to make provision for any of the matters specified in sub-section (1) by reason only that it provides for the imposition of fines or other pecuniary penalties, or for the demand or payment of fees of licences or fees for services rendered, or by reason that it provides for the imposition, abolition, remission, alteration or regulation of any tax by any local authority or body for local purposes(3) a bill, which if enacted and brought into operation, would involve expenditure from the consolidated fund of karbi dimanchal, shall not be passed by the legislative assembly unless the governor has recommended to the assembly for the consideration of the bill1540 a bill pending in the legislative assembly shall not lapse by reason of the prorogation of the assembly, but shall lapse on a dissolution thereofprocedure as to lapsing of bills assent to bills2041 when a bill has been passed by the legislative assembly, it shall be presented to the governor and the governor shall declare either that he assents to the bill or that he withholds assent therefrom or that he reserves the bill for the consideration of the president:25provided that the governor may, as soon as possible after the presentation to him of the bill for assent, return the bill if it is not a money bill together with a message requesting that the legislative assembly will reconsider the bill or any specified provisions thereof and, in particular, will consider the desirability of introducing any such amendments as he may recommend in his message and, when a bill is so returned, the legislative assembly shall reconsider the bill accordingly, and if the bill is passed again by the assembly with or without amendment and presented to the governor for assent, the governor shall not—(a) give assent in the case of a bill containing provisions of the nature referred to in section 38 execpt after obtaining the advice of the chief minister of assam; and30(b) withhold assent in the case of any other bill35explanation—for the purposes of this section and section 42, a bill shall be deemed to be a money bill if it contains only provisions dealing with all or any of the matters specified in sub-section (1) of section 39 or any matter incidental to any of those matters and there is endorsed thereon the certificate of the speaker of the legislative assembly signed by him that it is a money bill :provided that a bill shall not be deemed to be a money bill by reason only that it provides for the imposition of fines or other pecuniary penalties, or for the demand or payment of fees for licences or fees for services rendered or by reason that it provides for the imposition, abolition, remission, alteration, or regulation of any tax by any local authority or body for local purposes4042 when a bill is reserved by the governor for the consideration of the president, the president shall declare either that he assents to the bill or that he withholds assent therefrom:bills reserved for consideration45provided that where the bill is not a money bill, the president may direct the governor to return the bill to the legislative assembly together with such a message as is referred to in section 41, and when a bill is so returned, the legislative assembly shall reconsider it accordingly within a period of six months from the date of receipt of such message, and if it is again passed by the legislative assembly with or without amendment, it shall be presented again to the president for his consideration43 no act of the legislature of karbi dimanchal and no provision in any such act shall be invalid by reason only that some recommendation or previous sanction required by the constitution or this act was not given, if assent to that act was given—5(a) where the recommendation required was that of the governor, either by thegovernor or by the president; andrequirements as to sanction and recommendation to be regarded as matters of procedure only(b) where the recommendation or previous sanction required was that of the president, by the president procedure in financial matters10annual financial statement44 (1) the governor shall in respect of every financial year cause to be laid before thelegislative assembly a statement of the estimated receipts and expenditure of karbi dimanchal for that year, hereinafter referred to as "the annual financial statement"(2) the estimates of expenditure embodied in the annual financial statement shall show separately—15(a) the sums required to meet expenditure described by this act as expenditure charged upon the consolidated fund of karbi dimanchal; and(b) the sums required to meet other expenditure proposed to be made from the consolidated fund of karbi dimanchal, and shall distinguish expenditure on revenue account from other expenditure20(3) the following expenditure shall be expenditure charged upon the consolidated fund of karbi dimanchal—(a) the salaries and allowances of the speaker and deputy speaker of the legislative assembly;25(b) debt charges for which the autonomous state in liable including interest, sinking fund charges and redemption charges, and other expenditure relating to the raising of loans and the service and redemption of debt;(c) any sums required to satisfy any judgement, decree or award of any court or arbitral tribunal; and(d) any other expenditure declared by the constitution or by the legislature of karbi dimanchal to be so charged3045 (1) so much of the estimates as relates to expenditure charged upon the consolidated fund of karbi dimanchal shall not be submitted to the vote of the legisalative assembly, but nothing in this sub-section shall be construed as preventing the discussion in the legislative assembly of any of those estimatesprocedure in legislative assembly with respect to estimates35(2) so much of the said estimates as relates to other expenditure shall be submitted in the form of demands for grants to the legislative assembly, and the legislative assembly shall have power to assent, or to refuse to assent, to any demand, or to assent to any demand subject to a reduction of the amount specified therein| ( | 3 | ) no demand for a grant shall be made except on the recommendation of the governor ||------------------------------------------------------------------------------------------------|-----|---------------------------------------------------------------------------------------|| appropriation | | || bills | | || 40 | | || 46 | ( | 1 || legislative assembly, there shall be introduced a bill to provide for the appropriation out of | | || the consolidated fund of karbi dimanchal of all moneys required to meet— | | || ( | a | ) the grants so made by the legislative assembly; and || ( | b | ) the expenditure charged on the consolidated fund of karbi dimanchal, |but not exceeding in any case the amount shown in the statement previously laid before the assembly5(2) no amendment shall be proposed to any such bill in the legislative assembly which will have the effect of varying the amount or altering the destination of any grant so made or of varying the amount of any expenditure charged on the consolidated fund of karbi dimanchal, and the decision of the person presiding as to whether an amendment is inadmissible under this sub-section shall be final(3) subject to the provisions of sections 47 and 48, no money shall be withdrawn from the consolidated fund of karbi dimanchal except under appropriation made by law passed in accordance with the provisions of this section47 (1) the governor shall,—10supplementary, additional or excess grants(a) if the amount authorised by any law made in accordance with the provisionsof section 46 to be expended for a particular service for the current financial year is found to be insufficient for the purposes of that year or when a need has arisen during the current financial year for supplementary or additional expenditure upon some new service not contemplated in the annual financial statement for the year, or15(b) if any money has been spent on any service during a financial year in excessof the amount granted for that service and for the year,cause to be laid before the legislative assembly another statement showing the estimated amount of that expenditure or cause to be presented to the legisaltive assembly a demand for such excess, as the case may be20 25(2) the provisions of sections 44, 45 and 46 shall have effect in relation to any suchstatement and expenditure or demand and also to any law to be made authorising the appropriation of moneys out of the consolidated fund of karbi dimanchal to meet such expenditure or the grant in respect of such deamnd as they have effect in relation to the annual financial statement and the expenditure mentioned therein or to a demand for a grant and the law to be made for the authorisation of appropriation of moneys out of the consolidated fund of karbi dimanchal to meet such expenditure or grant48 (1) notwithstanding anything in the foregoing provisions of this part, the legislative assembly shall have power—votes on account and exceptional grant30(a) to make any grant in advance in respect of the estimated expenditure for apart of any financial year pending the completion of the procedure prescribed in section 45 for the voting of such grant and the passing of the law in accordance with the provisions of section 44 in relation to that expenditure;35(b) to make a grant for meeting an unexpected demand upon the resources of theautonomous state when on account of the magnitude or the indefinite character of the service the demand cannot be stated with the details ordinarily given in an annual financial statement; and40(c) to make an exceptional grant which forms no part of the current service of anyfinancial year; and the legislature of karbi dimanchal shall have power to authorise by law the withdrawal of moneys from the consolidated fund of karbi dimanchal for the purpose for which the said grants are made45(2) the provisions of sections 45 and 46 shall have effect in relation to the making of any grant under sub-section (1) and to any law to be made under that sub-section, as they have effect in relation to the making of a grant with regard to any expenditure mentioned in the annual financial statement and the law to be made for the authorisation of appropriation of moneys out of the consolidated fund of karbi dimanchal to meet such expenditure procedure generallyrules of procedure49 (1) the legislative assembly may make rules for regulating, subject to the provisions of this act, its procedure and the conduct of its business including the language or languages to be used in the legislative assembly(2) until rules are made under sub-section (1), the rules of procedure and standing orders with respect to the legislative assembly of the state of assam in force immediately before the commencement of this act shall have effect in relation to the legislative assembly subject to such modifications and adaptations as may be made therein by the governor550 no discussion shall take place in the legislative assembly with respect to the conduct of any judge of the supreme court, or of a high court, in the discharge of his dutiesrestrictions on discussion in the legislative assembly51 (1) the validity of any proceeding in the legislative assembly shall not to be called in question on the ground of any alleged irregularity of procedure10courts not to enquire into the proceedings of legislative assembly(2) no officer or member of the legislative assembly in whom powers are vested by or under this act for regulating procedure or the conduct of business or for maintaining order, in the legislative assembly shall be subject to the jurisdiction of any court in respect of the exercise by him of those powers legislative powers of the governor1552 (1) if at any time, except when the legislative assembly is in session, the governor is satisfied that circumstances exist which render it necessary for him to take immediate action, he may promulgate such ordinances as the circumstances appear to him to require:provided that the governor shall not without instructions from the president, promulgate any such ordinance, if—power of governor to promulgate ordinances during recess of legislative assembly20(a) a bill containing the same provisions would under the constitution or this act have required the previous sanction of the president for the introduction thereof into the legislative assembly of karbi dimanchal; or(b) he would have deemed it necessary to reserve a bill containing the same provisions for the consideration of the president; or25(c) an act of the legislature of karbi dimanchal containing the same provisions would under this act have been invalid unless, having been reserved for the consideration of the president, it had received the assent of the president:30provided further that the governor shall not, except on the advice of the chief minister of assam, promulgate any such ordinance if with respect to a bill containing the same provisions he would have deemed it necessary under this act to obtain the advice of the chief minister before assenting thereto(2) an ordinance promulgated under this section shall have the same force and effect as an act of the legislative assembly assented to by the governor, but every such ordinance—35(a) shall be laid before the legislative assembly and shall cease to operate at the expiration of six weeks from the reassembly of the legislative assembly or if before the expiration of that period a resolution disapproving it is passed by the legislative assembly, upon the passing of the resolution; and(b) may be withdrawn at any time by the governor40(3) if and so far as an ordinance under this section makes any provision which would not be valid if enacted in an act of the legislature of karbi dimanchal assented to by the governor, it shall be voidprovided that—(a) for the purposes of section 37 relating to the effect of an act of the legislature of karbi dimanchal which is repugnant to an act of parliament or an existing law with respect to a matter enumerated in the concurrent list in the seventh schedule to the45constitution, an ordinance promulgated under this section in pursuance of instructions from the president shall be deemed to be an act of the legislature which has been reserved for the consideration of the president and assented to by him;5(b) for the purposes of section 38 relating to the effect of an act of the legislatureof karbi dimanchal which is repugnant to an act of the legislature of the state of assam or an existing law with respect to a matter enumerated in part c of the second schedule, an ordinance promulgated under this section on the advice of the chief minister of assam shall be deemed to be an act of the legislature which has been assented to on the advice of the chief minister 10 part iv financial provisionsconsolidated fund1553 (1) subject to the provisions of section 54, all revenue received by the government of karbi dimanchal, all loans raised by that government by the issue of treasury bills, loans or ways and means advances and all moneys received by that government in repayment of loans shall form one consolidated fund to be entitled "the consolidated fund of karbi dimanchal"(2) all other public moneys received by or on behalf of the government of karbi dimanchal shall be credited to the public account of karbi dimanchal20(3) no moneys out of the consolidated fund of karbi dimanchal shall be appropriated except in accordance with law and for the purposes and in the manner provided in this actcontingency fund2554 the legislature of karbi dimanchal may, by law, establish a contingency fund in the nature of an imprest to be entitled "the contingency fund of karbi dimanchal" into which shall be paid from time to time such sums as may be determined by such law, and the said fund shall be placed at the disposal of the governor to enable advances to be made by him out of such fund for the purposes of meeting unforeseen expenditure pending authorisation of such expenditure by the legislature of karbi dimanchal by law under section 47 or section 4855 all moneys received by or deposited with—30(a) any officer employed in connection with the affairs of karbi dimanchal in his capacity as such, other than revenues or public moneys raised or received by the government of karbi dimanchal, orcustody of suitors' deposits and other moneys received by public servants and courts(b) any court within karbi dimanchal to the credit of any cause, matter, accountor persons,shall be paid into the public account of karbi dimanchal35 4056 the custody of the consolidated fund and the contingency fund of karbidimanchal, the payment of moneys into such funds, the withdrawal of moneys therefrom, the custody of public moneys other than those credited to such funds received by or on behalf of the government of karbi dimanchal, their payment into the public account of karbi dimanchal and the withdrawal of moneys from such account and all other matters connected with or ancillary to matters aforesaid shall be regulated by law made by the legislature of karbi dimanchal, and, until provision in that behalf is so made, shall be regulated by rules made by the governorcustody, etc, of consolidated fund, contingency fund and moneys credited to the public accounts45certain taxes levied by assam to be appropriated by karbi dimanchal57 (1) notwithstanding anything contained in this act, any tax on the consumption or sale of electricity relatable to entry 53 in the state list in the seventh schedule to the constitution, and any tax on the sale or purchase of goods relatable to entry 54 in the said list levied by the government of assam shall be collected within karbi dimanchal, and the proceeds in any financial year of any such tax leviable within karbi dimanchal shall not form part of the consolidated fund of assam, but shall form part of the consolidated fund of karbi dimanchal5(2) where a tax relatable to entry 54 in the state list aforesaid levied by the government of assam is collected by that government at the first point of sale or purchase of goods, such portion of the tax so collected as may be agreed upon by the governments of assam and karbi dimanchal or in default of such agreement, as the central government may determine shall be payable to karbi dimanchal(3) the laws with respect to the taxes referred to in sub-section (1) shall have effect subject to such exceptions and modifications as the central government, may, by order, specify for the purpose of giving effect to the provisions of that sub-sectiondistribution of revenues10 1558 (1) the grants-in-aid under clause (1) of article 275 and the share of the taxes onincome, the distributable union duties of excise, the additional duties of excise on goods of special importance and estate duty payable to the state of assam under the constitution (distribution of revenues) order, 1969, the union 'duties of excise (distribution) act, 1962, the additional duties of excise (goods of special importance) act, 1957, the estate duty (distribution) act, 1962, shall be construed, as from the appointed day, as payable to the state of assam and the autonomous state of karbi dimanchal in such proportion as the president may, by order, determine(2) every order made by the president under sub-section (1) shall be laid before parliament as soon as may be after it is made2059 the governor may, at any time before the appointed day, authorise such expenditure from the consolidated fund of karbi dimanchal as he deems necessary for a period of not more than six months beginning with the appointed day pending the sanction of that expenditure by the legislative assembly:authorisation of expenditure pending its sanction by legislative assembly25provided that the governor may, after the appointed day, authorise such further expenditure as he deems necessary from the consolidated fund of karbi dimanchal for any period not extending beyond the said period of six months part v assets and liabilitiesapportionment of assets and liabilities3060 the assets and liabilities of the state of assam immediately before the appointed day shall be apportioned between that state and karbi dimanchal in accordance with the provisions contained in the third schedule part vi administrative relations35obligation of karbi dimanchal, the state of assam and the union61 the executive power of karbi dimanchal shall be so exercised as to ensure compliance with the laws made by parliament, the legislature of the state of assam and any existing laws which apply in karbi dimanchal, and the executive power of the union and of the state of assam shall extend to the giving of such directions to karbi dimanchal as may appear to the government of india or the government of assam, as the case may be, to be necessary for that purpose40control over the autonomous state in certain cases62 the executive power of karbi dimanchal shall be so exercised as not to impede orprejudice the exercise of the executive power of the union or the government of assam, as the case may be, and the executive power of the union and the state of assam shall extend to the giving of such directions to karbi dimanchal as may appear to the government of india or the government of assam, as the case may be, to be necessary for that purpose63 notwithstanding anything in this act,—entrustmen of functions45(a) the government of assam may, with the consent of the government of karbi dimanchal, entrust either conditionally or unconditionally to that government or to its officers functions in relation to any matter to which the executive power of the state of assam extends;(b) the government of karbi dimanchal may, with the consent of the government of assam, entrust either conditionally or unconditionally to that government or to its officers functions in relation to any matter to which the executive power of karbi dimanchal extends 5 part vii transitional provisionsprovisions as to provisional legislative assembly1064 (1) until the legislative assembly of karbi dimanchal has been duly constituted and summoned to meet for the first session under the provisions of part iii, there shall be a provisional legislative assembly which shall consist of not less than thirty five and not more than fifty five persons as the central government may, after consultation with the election commission, by order, determine, and such persons shall be elected in the manner specified in sub-section (2)(2) subject to the provisions of sub-section (1), the members of the provisional legislative assembly shall be elected in the following manner, namely:—15(a) there shall be an electoral college for each autonomous district within karbidimanchal which shall consist of the elected members of the district council thereof, and each electoral college shall elect such number of persons to the provisional legislative assembly as the president may, after consultation with the election commission, by order, determine;20(b) the election of members of the provisional legislative assembly shall be inaccordance with the system of proportional representation by means of the single transferable vote and shall be subject to such rules as the central government may, after consultation with the election commission, make in this behalf25(3) the central government may nominate to the provisional legislative assembly not more than three persons, not being persons in the service of the government to represent any unrepresented communities in karbi dimanchal which, in its opinion, need representation in the assembly30(4) no person shall be qualified to be chosen as a member of the provisional legislative assembly unless he is a person whose name is for the time being entered in the electoral roll for so much of any constituency of the legislative assembly of assam as is comprised within karbi dimanchal and is not less than twenty-five years of age(5) if owing to death, resignation or otherwise, the office of a member of the provisional legislative assembly falls vacant, it may be filled up as soon as practicable under and in accordance with the foregoing provisions of this section35(6) the term of office of the members of the provisional legislative assembly shallexpire immediately before the first meeting of the legislative assembly duly constituted under this act40(7) the election by the electoral college under this section shall not be called in question on the ground merely of the existence of a vacancy in the membership of any district council forming part of the electoral college45(8) the provisional legislative assembly constituted under this section shall, for so long it is in existence, be deemed to be the legislative assembly duly constituted under this act, and accordingly the provisions of part iii shall, so far as may be, apply in relation to the provisional legislative assembly as they apply in relation to the legislative assembly part viii miscellaneous provisions5special committee for development of diphu and haflong65 the central government may, in consultation with the governments of assam and karbi dimanchal, by order, constitute a committee consisting of such number of persons as it may think fit for advising the two governments on matters of common interest with respect to diphu and haflong in the field of education and water supply in particular, and with respect to its development and administration in general10provisions as t o continuance of courts66 all courts and tribunals and all authorities discharging lawful functions throughout karbi dimanchal or any part thereof immediately before the appointed day shall, unless their continuance is inconsistent with the provisions of this act or until other provision is made by a competent authority, continue to exercise their respective functionsprovisions relating to services1567 (1) every person who being a member of all india service is for the time beingborne on the assam state cadre of that service or is otherwise serving in connection with theaffairs of the state of assam as a member of class i service of that state may be required by the government of that state to serve in connection with the affairs of karbi dimanchal for such period or periods as the government of assam may, by order, direct:provided that no such order shall be made—(a) before the appointed day, except with the approval of the central government;and20(b) on or after the appointed day, except in accordance with such rules as may be made by the central government after consultation with the governments of assam and karbi dimanchal25(2) subject to any general or special order which the central government may make in this behalf, the control over any such person as it referred to in sub-section (1) shall, for so long as he is required to serve in connection with the affairs of karbi dimanchal, be vested in the government of karbi dimanchal30(3) such persons serving in connection with the affairs of the state of assam immediately before the appointed day, not being a person referred to in sub-section (1), as may be determined by agreement between the government of assam and the government of karbi dimanchal or in default of agreement, by the central government, may, notwithstanding anything in the terms of their appointments or their conditions of service, be required to serve in connection with the affairs of the autonomous state35(4) all previous service rendered by a person referred to in sub-section (3) in connection with the affairs of the state of assam shall be deemed to have been rendered in connection with the affairs of the autonomous state for the purposes of the rules regulating his conditions of service(5) nothing in sub-sections (3) and (4) shall be deemed to affect the power of the legislature of karbi dimanchal or the governor to determine the conditions of service of persons serving in connection with the affairs of karbi dimanchal:40provided that the conditions of service applicable immediately before the appointed day to any person referred to in sub-section (3) shall not be varied to his disadvantage except with the previous approval of the government of assam4568 (1) all laws in force immediately before the appointed day in the autonomous state shall continue to be in force therein until altered, repealed or amended by a competent legislature or other competent authorityadaptations(2) for the purpose of facilitating the application in relation to the autonomous state of any law made before the appointed day, the appropriate government may, within two years from that day, by order, make such adaptations or modifications of the law, whether by way of repeal or amendment, as may be necessary or expedient and thereupon every such law shall have effect subject to the adaptations and modifications so made until altered, repealed or amended by a competent legislature or other competent authority5explanation—in this section, the expression "appropriate government" means as respects any law relating to a matter enumerated in the union list in the seventh schedule to the constitution, the central government, as respects any law relating to a matter in the second schedule, the government of karbi dimanchal, and, as respects any other law, the government of assam1069 subject to the other provisions contained in this act, reference to a state (by whatever form of words) in any of the following articles of the constitution shall be construed as including a reference to the autonomous state, namelyautonomous state to be a state for certain purposes of the constitution15articles 12 to 15 (inclusive), 16 (except clause (3) thereof) 18, 19, 23, 25, 28 to 31(inclusive), 31a, 34 to 51 (inclusive), 58, 59, 66, 73, 102, 110 (1) (f); 131, 138, 149, 150, 151, 161, 209, 210, 233, 234, 235, 237, 251, 252, 256 to 258a (inclusive), 261, 262, 263, 268, 269, 270, 272, 274 to 280 (inclusive), 282, 288, 289, 293, 296, 298 to305 (inclusive), 308 to 311 (inclusive), 320, 323 (2), 324 to 329 (inclusive), 339 to 342 (inclusive), 345 to 348 (inclusive) 350, 350a, 350b, 353, 355 to 358 (inclusive), 360, 361, 364 to 367 (inclusive)20explanation—reference in any of the articles above specified to the high court or to the state public service commission shall be construed as reference to the high court of assam or the public service commission of the state of assam, as the case may be2570 (1) the executive power which the government of assam may exercise under article 298 in karbi dimanchal for the carrying on of any trade or business and for the acquisition, holding and disposal of property and the making of contracts for any purpose shall, in so far as such trade or business or such purpose is not one with respect to which the legislature of the state of assam may make laws, be subject to legislation by the legislature of karbi dimanchalpower of governments of assam and karbi dimanchal to carry on trade, etc in karbi dimanchal30(2) the executive power which the government of karbi dimanchal may exercise under article 298 in karbi dimanchal for the carrying on of any trade or business and for the acquisition, holding and disposal of property and the making of contracts for any purpose shall, in so far as such trade or business or such purpose is not one with respect to which the legislature of karbi dimanchal may make laws, be subject also to legislation by the legislature of the state of assam3571 where a proclamation is issued under article 356 in respect of karbi dimanchal, thepresident may, by the same proclamation or a subsequent proclamation varying it, suspend also, in whole or in part, the operation of any of the provisions of this actpower to suspend provisions of this act in case of failure of constitutional machinery4072 without prejudice to the provisions of sections 68 and 73 the central governmentmay, after consulting the government of assam by notification in the official gazette, declare that any reference to a "state" in a central act specified in the notification shall, in its application to karbi dimanchal, be construed as a reference to the whole or any part of karbi dimanchal and any reference to "state government" in a central act specified in the notification shall in its application to karbi dimanchal be construed as a reference to the central governmentconstruction of reference to "state" and "state government" in other laws in relation to karbi dimanchal power to construe laws4573 notwithstanding that no provision or insufficient provision has been made undersection 68 for the adaptation of a law made before the appointed day, any court, tribunal or authority required or empowered to enforce such law may, for the purpose of facilitating its application in relation to the autonomous state, construe the law in such manner not affecting the substance as may be necessary or proper in regard to the matter before the court, tribunal or authority, as the case my be74 the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other laweffect of provisions of act inconsistent with other laws power to remove difficulties75 (1) if any difficulty arises in giving effect to the provisions of this act, the president,may, by order, do anything not inconsistent with such provisions which appears to him to be necessary or expedient for the purpose of removing the difficulty5(2) every order made under this section shall be laid before both houses of parliament as soon as may be after it is made76 the sixth schedule in the constitution shall stand amended as specified in the fourth scheduleamendment of the sixth schedule10amendment of act 2 of 193477 in section 21a of the reserve bank of india act, 1934 in sub-section (1), afterwords "any state", the brackets and words "(including the autonomous state of karbi dimanchal)" shall be inserted78 in section 16 of the state reorganisation act 1956, in sub-section (1), for clause(d), the following clause shall be substituted, namely:—amendment of act 37 of 195615"(d) in the case of the eastern zone,—(i) the chief minister and another minister of the aunonomous state of karbi dimanchal to be nominated by the governor of assam and if there is no council of ministers therein, not more than two members from the autonomous state of karbi dimanchal to be nominated by the president; and20(ii) the person for the time being holding the office of the adviser to the governor of assam for tribal areas"power to make rules79 (1) the central government may, by notification in the official gazette, make rulesto give effect to the provisions of this act25 30(2) every rule made under this section shall be laid as soon as may be after it is made, before each house of parliament, while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions, and, if before the expiry of the session in which it is so laid or the session immediately following, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule statement of objects and reasonsarticle 244a of the constitution was inserted by the constitution (twenty-second)amendment act, 1969 to enable parliament to enact a law to give effect to the scheme for reorganisation of the state of assam by forming within the state of assam an autonomous state comprising (whether wholly or in part) all or any of the tribal areas, specified in part-i of the table appended to paragraph 20 of the sixth schedule the present bill has been brought forward in pursuance of this article and seeks to establish an autonomous state to be known as 'karbi dimanchal autonomous state' within the state of assam as envisaged in the reorganisation scheme, 'karbi dimanchal autonomous state' will comprise the areas now forming part of the karbi anglong and north cachar hills (now dima hasao) as defined in the substantive part 1 of paragraph 20 of the sixth schedule the legislative powers of 'karbi dimanchal autonomous state' have been set out in the second schedule to the bill and subject to the provisions of the bill, the executive powers of 'karbi dimanchal autonomous state' will extend to matters with respect to which the legislature of "karbi dimanchal autonomous state', delimitation of constituencies, elections to the assembly and its procedure, council of ministers for 'karbi dimanchal autonomous state', administrative relations between the government of assam and 'karbi dimanchal autonomous state' and between the central government and the government of 'karbi dimanchal autonomous state' provision has also been made for transferring to 'karbi dimanchal autonomous state' such assets and liabilities of the assam government in the 'karbi dimanchal autonomous state' area as are relatable to matters which fall within the purview of the autonomous stateprovision has also been made in the bill for the constitution of a provisional legislative assembly for 'karbi dimanchal autonomous state' pending general elections to the assemblyin order to dovetail the scheme of the bill with the main provisions of the constitution, the autonomous state will be treated as a state for certain provisions of the constitution specified in clause 69 of the billas indicated in the re-organisation scheme, the fourth schedule to the bill contains provisions for the amendment of the sixth schedule to the constitution in order to improve the procedures of the district councils and make them function effectivelyhence this billnew delhi;biren singh engtinovember 23, 2015 president's recommendation under articles 117 (1), 274(1) and 117 (3) of the constitution ————[copy of letter no 11012/206/2015-neiv dated 27 april, 2016 from shri kiren rijiju, minister of state in the ministry of home affairs to the secretary general, lok sabha]the president, having been infromed of the subject matter of the assam reorganisation(karbi dimanchal) bill, 2016 by shri biren singh engti, member of parliament, has recommended under articles 117(1) and 274 (1) for introduction and under article 117(3) of the constitution for consideration of the bill in lok sabha financial memorandumclause 6 of the bill provides for constitution of council of ministers for state of karbi dimanchal clause 11 provides for constitution of legislature for state of karbi dimanchal clauses 7, 23 and 34 provides for payment of salaries and allowances to the ministers, speaker and deputy speaker and members of the legislative assembly clause 12 seeks to empower the election commission to delimit the territorial constituencies for elections to the legislative assembly of karbi dimanchal it also provides for appointment of not more than five associate members to assist the election commission in delimiting the constituencies clause 17 provides for elections to the legislative assembly of karbi dimanchal being held in accordance with the provisions of the representation of the people act, 1951 clause 25 provides for a separate secretarial staff for the legislative assembly clause 64 provides for setting up of a provisional legislative assembly clause 60 provides for apportionment of assets and liabilities of the state of assam insofar as karbi dimanchal is concerned clause 65 provides for a special committee for diphu and haflong being constituted for advising the two governments on matters of common interest with respect to diphu and haflong under clause 69 karbi dimanchal is proposed to be treated as state for the purposes of articles 272, 275 and 282 clause 78 provides for representation of karbi dimanchal on the eastern zonal council the bill, therefore, if enacted would involve expenditure from the consolidated fund of the state of karbi dimanchal and consolidated fund of india at this stage, it is not possible to estimate the expenditure to be incurred from the consolidated fund of karbi dimanchal as the same may be estimated when the karbi dimanchal government comes into existence however, it is expected that a recurring expenditure of about rupees five thousand crore per annum would be involved from the consolidated fund of indiaa non-recurring expenditure of about rupees five hundred crore per annum is also likely to be involved memorandum regarding delegated legislationclause 9 of the bill empowers the governor to make rules for the more convenient transaction of business of the government of karbi dimanchal and for allocation among ministers of the said business clause 25 empowers the governor to make, after consultation with the speaker of the legislative assembly, rules regulating the recruitment and conditions of service of persons appointed to the secretarial staff of the legislative assembly, pending enactment of law on the subject clause 49 empowers the legislative assembly of karbi dimanchal to make rules for regulating its own procedure and conduct of business clause 56 provides for rules regarding the custody, etc, of consolidated fund and contingency fund of karbi dimanchal being made by the governor pending the enactment of legislation in this behalf clause 79 empowers the central government to make rules for carrying out the purposes of this act as the rules will relate to matters of detail only, the delegation of legislative power is of a normal character annexure extract from the constitution of india sixth schedule5[articles 244(2) and 275(1)]provisions as to the administration of tribal areas in the states of assam, meghalaya, tripura and mizoram autonomous districts and autonomous regions1 2 10(3) the governor may, by public notification,—(a) include any area in [any of the parts] of the said table, (b) exclude any area from [any of the parts] of the said table, (c) create a new autonomous district,(d) increase the area of any autonomous district,15(e) diminish the area of any autonomous district, (f) unite two or more autonomous districts or parts thereof so as to form one autonomous district,[(ff) alter the name of any autonomous district, (g) define the boundaries of any autonomous district:20provided that no order shall be made by the governor under clauses (c), (d), (e) and (f)of this sub-paragraph except after consideration of the report of a commission appointed under sub-paragraph (1) of paragraph 14 of this schedule:25provided further that any order made by the governor under this sub-paragraph may contain such incidental and consequential provisions (including any amendment of paragraph 20 and of any item in any of the parts of the said table) as appear to the governor to be necessary for giving effect to the provisions of the order2 there shall be a district council for each autonomous district consisting of not more than twenty-four members, of whom not less than three-fourth shall be elected on the basis of adult suffrage30constitution of district councils and regional councils 35(6) the governor shall make rules for the first constitution of district councils and regional councils in consultation with the existing tribal councils or other representative tribal organisations within the autonomous districts or regions concerned, and such rules shall provide for— (e) the term of office of members of regional councils; 40(g) the procedure and the conduct of business (including the power to act notwithstanding any vacancy) in the district and regional councils; (7) the district or the regional council may after its first constitution make rules [with the approval of the governor] with regard to the matters specified in sub-paragraph (6) of this paragraph and may also make rules with like approval regulating—5(a) the formation of subordinate local councils or boards and their procedureand the conduct of their business; and(b) generally all matters relating to the transaction of business pertaining to theadministration of the district or region, as the case may be:10provided that until rules are made by the district or the regional council under this sub-paragraph the rules made by the governor under sub-paragraph (6) of this paragraph shall have effect in respect of elections to, the officers and staff of, and the procedure and the conduct of business in, each such council:15provided further that the deputy commissioner or the sub-divisional officer, as the case may be, of the north cachar and mikir hills shall be the chairman ex-officio of the district council in respect of the territories included in items 5 and 6 respectively of part a of the table appended to paragraph 20 of this schedule and shall have power for a period of six years after the first constitution of the district council, subject to the control of the governor, to annul or modify any resolution decision of the district council or to issue such instructions to the district council, as he may consider appropriate, and the district council shall comply with every such instruction issued203 (1) the regional council for an autonomous region in respect of all areas with suchregion and the district council for an autonomous district in respect of all areas within the district except those which are under the authority of regional councils, if any, within the district shall have power to make laws with respect to—powers of the district councils and regional councils to make laws25(a) the allotment, occupation or use, or the setting apart, of land, other than anyland which is a reserved forest for the purposes of agriculture or grazing or for residential or other non-agricultural purposes or for any other purpose likely to promote the interests of the inhabitants of any village or town:30provided that nothing in such laws shall prevent the compulsory acquisition ofany land, whether occupied or unoccupied, for public purposes by the government of the state concerned] in accordance with the law for the time being in force authorising such acquisition;(b) the management of any forest not being a reserved forest; (c) the use of any canal or water-course for the purpose of agriculture; (d) the regulation of the practice of jhum or other forms of shifting cultivation;35(e) the establishment of village or town committees or councils and their powers; (f) any other matter relating to village or town administration, including village ortown police and public health and sanitation;(g) the appointment or succession of chiefs or headmen; (h) the inheritance of property;40(i) marriage and divorce; (j) social customs 45administration of justice in autonomous districts and autonomous region4 (1) the regional council for an autonomous region in respect of areas within such region and the district council for an autonomous district in respect of areas within the district other than those which are under the authority of the regional councils, if any, within the district may constitute village councils or courts for the trial of suits and cases between the parties all of whom belong to scheduled tribes within such areas, other than5suits and cases to which the provisions of sub-paragraph (1) of paragraph 5 of this schedule apply, to the exclusion of any court in the state, and may appoint suitable persons to be members of such village councils or presiding officers of such courts, and may also appoint such officers as may be necessary for the administration of the laws made under paragraph 3 of this schedule10(2) notwithstanding anything in this constitution, the regional council for an autonomous region or any court constituted in that behalf by the regional council or, if in respect of any area within an autonomous district there is no regional council, the district council for such district, or any court constituted in that behalf by the district council, shall exercise the powers of a court of appeal in respect of all suits and cases triable by a village council or court constituted under sub-paragraph (1) of this paragraph within such region or area, as the case may be, other than those to which the provisions of sub-paragraph (1) of paragraph 5 of this schedule apply, and no other court except the high court and the supreme court shall have jurisdiction over such suits or cases15(3) the high court shall have and exercise such jurisdiction over the suits and cases to which the provisions of sub-paragraph (2) of this paragraph apply as the governor may from time to time by order specify(4) a regional council or district council, as the case may be, may with the previous approval of the governor make rules regulating—20(a) the constitution of village councils and courts and the powers to be exercisedby them under this paragraph;(b) the procedure to be followed by village councils or courts in the trial of suitsand cases under sub-paragraph (1) of this paragraph;25(c) the procedure to be followed by the regional or district council or any courtconstituted by such council in appeals and other proceedings under sub-paragraph (2) of this paragraph;(d) the enforcement of decisions and orders of such councils and courts; (e) all other ancillary matters for the carrying out of the provisions of sub-paragraphs (1) and (2) of this paragraph30 35powers of the district council to establish primary schools, etc6 (1) the district council for an autonomous district may establish, construct, or manage primary schools, dispensaries, markets cattle pounds, ferries, fisheries, roads, road transport and waterways in the district and may, with the previous approval of the governor, make regulations for the regulation and control thereof and, in particular, may prescribe the language and the manner in which primary education shall be imparted in the primary schools in the district| 7 | ( | 1 | ) | ||-------------------------------------------------------------------------------------------------|------|---------------------------------------------------------------------------------------|--------|------|| district and | | | | || regional | | | | || funds | | | | || 40 | | | | || ( | 2 | ) the governor may make rules for the management of the district fund, or, as the | | || case may be, the regional fund and for the procedure to be followed in respect of payment | | | | || of money into the said fund, the withdrawal of moneys therefrom, the custody of moneys | | | | || therein and any other matter connected with or ancillary to the matters aforesaid | | | | || | | | | || 8 | | | | || power to | | | | || assess and | | | | || collect land | | | | || revenue and to | | | | || impose taxes | | | | || 45 | | | | || ( | 4 | ) a regional council or district council, as the case may be, may make regulations to | | || provide for the levy and collection of any of the taxes specified in sub-paragraphs (2) and (3) | | | | || of this paragraph and every such regulation shall be submitted forthwith to the governor | | | | || and, until asserted to by him shall have no effect | | | | |5(b) the governor may, by public notification, direct that any act of the legislature of the state of assam to which the provisions of clause (a) of this sub-paragraph do not apply, shall not apply to the autonomous district or an autonomous region in that state, or shall apply to that district or such region, or any part thereof, subject to such exceptions or modifications, as he may specify in the notificationapplication of acts of parliament and of the legislature of the state of assam to the autonomous district and autonomous regions in the state of assam1013 the estimated receipts and expenditure pertaining to an autonomous district which are to be credited to, or is to be made from, the consolidated fund of the state shall be first placed before the district council for discussion and then after such discussion be shown separately in the annual financial statement of the state to be laid before the legislature of the state under article 202estimated receipts and expenditure pertaining to autonomous districts to be shown separately in the annual financial statement15annulment or suspension of acts and resolutions of district and regional councils15 (1) if at any time the governor is satisfied that an act or resolution of a district or a regional council is likely to endanger the safety of india or is likely to be prejudicial to public order, he may annul or suspend such act or resolution and take such steps as he may consider necessary (including the suspension of the council and the assumption to himself of all or any of the powers vested in or exercisable by the council) to prevent the commission or continuance of such act, or the giving of effect to such resolution extract from the reserve bank of india act, 1934 (2 of 1934) 21a (1) the bank may by agreement with the government of any state undertake—5(a) all its money, remittance, exchange and banking transactions in india, including in particular, the deposit, free of interest, of all its cash balances with the bank; and(b) the management of the public debt of, and the issue of any loans by, that state10 ———— extract from the states reorganisation act, 1956 (37 of 1956) 1516 (1) the zonal council for each zone shall consist of the following members, namely:— (d) in the case of the eastern zone, the person for the time being holding the office of the adviser to the governor of assam for tribal areas20 ———— a billto provide for the formation within the state of assam of an autonomous state to be known as karbi dimanchal and for matters connected therewith or incidental thereto————(shri biren singh engti, mp) | Parliament_bills | fa36dd86-a816-5d44-9bdc-1432d3f759c8 |
bill no 66 of 2014 the government services (regulation of compassionate appointments) bill, 2014 by shri at nana patil, mp a billto provide for the regulation of appointments on compassionate grounds in offices under the control of central government and for matters connected therewithbe it enacted by parliament in the sixty-fifth year of the republic of india as follows:—1 (1) this act may be called the government services (regulation of compassionateappointments) act, 2014short title,extent andcommencement(2) it shall apply to the offices under the control of central government5(3) it shall come into force at oncedefinitions2 in this act, unless the context otherwise requires,—(a) "appointment on compassionate grounds" means any appointment to the government service of a member of the family of a government servant who dies while being in service;(b) "dependent family member" means(i) spouse; or (ii) son (including adopted son); or (iii) daughter (including adopted daughter); or5(iv) brother or sister in the case of unmarried government servant, who was wholly dependent on the government servant at the time of his death in harness; or(v) parents, if the government servant was their only child;(c) "government" means the central government;10(d) "government servant" means a person who was a government servant at the time of his death but does not include a person 'who' was appointed on daily wage or casual or apprentice or on ad hoc basis or contract or re-employment basis;15(e) "government service" means any service to any ministry, organization, undertaking, autonomous body or society or any establishment for which funds are provided by the central government or where majority of shares are held by the central government; and(f) "prescribed" means prescribed by rules made under this act203 (1) notwithstanding anything contained in any other law or rule or order or bye-law or notification or judgement or order of any court, for the time being in force, the central government shall provide appointment on compassionate grounds to one dependent family member of a government servant who dies in harness within a period of two months from the date of death of the government servant in such manner as may be prescribed(2) the appointment on compassionate grounds provided under sub-section (1) shall not be subject to any quota or ceiling prescribed for such appointmentsappointment on compassionate grounds to be provided within two months from the date of death of a government servant254 (1) the central government may prescribe such eligibility conditions and other guidelines for appointment on compassionate grounds, as it may think fitcentral government to prescribe guidelines(2) without prejudice to the generality of the foregoing provision, such eligibility conditions shall also include,—30(i) that the dependent family member shall be living with the government servant at the time of his death;(ii) that the eligible family member makes an application for appointment on compassionate grounds; and(iii) that the total income of the dependent family members shall not be more than rupees two lakh per annum35government to provide employment5 (1) subject to section 4, if no suitable employment is available on compassionate grounds in the organisation in which the government servant was working at the time of his death, it shall be mandatory for the government to provide employment in another organization in the government, preferably in the same city in which the government servant was residing at the time of his death40(2) if none of the family members is eligible for compassionate appointment, then theoldest member of the family who has not attained the age of fifty years shall be provided with employment after giving him suitable training necessary for the jobpower to make rules6 (1) the central government may, by notification in the official gazette, make rulesfor carrying out the purposes of this act45(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 rule5 statement of objects and reasonswhen a government servant dies in service, his immediate family is left uncared forwith the meagre pension benefits, the family will not be able to sustain in the present day when cost of living is going up consistently of course, there is a provision for providing employment to eligible dependent member of the immediate family of the government servant on compassionate grounds but it has been observed that the employment is refused on flimsy grounds or the family is made to run from pillar to post to get employment sometimes, employment is also refused on the ground that quota fixed for such appointments is already over or none of the family members was found eligible for appointment in government service only in very few cases, compassionate employment is provided to immediate family members of the government servantsin order to mitigate the sufferings of the family members of the government servant, the bill seeks to provide for compulsory employment to dependent family members of the government servant on compassionate grounds within a given time framethe bill will go a long way in mitigating the sufferings of the family members of the government servants moreover, the supreme court has, in a judgement, ordered that compassionate appointments can be mandatory but can only be given in certain circumstances as a result, many of the families are sufferingthe bill seeks to achieve the above objectivesnew delhi;a t nana patiljune 27, 2014 financial memorandumclause 3 of the bill provides for appointment of dependent family members of the government servant on compassionate grounds within a given time frame the bill also provides for suitable training to dependant family members in order to make them eligible for government service the bill, therefore, if enacted, would involve expenditure from the consolidated fund of india it is estimated that a recurring expenditure of about rupees one hundred crore per annum will be involveda non-recurring expenditure of about rupees ten crore is also likely to be involved memorandum regarding delegated legislationclause 6 of the bill empowers the central government to make rules for carrying out the purposes of the bill as the rules will relate to matters of detail only, the delegation of legislative power is of a normal character lok sabha———— a billto provide for the regulation of appointments on compassionate grounds in offices under the control of central government and for matters connnected therewith————(shri at nana patil, mp)gmgipmrnd—990ls(s3)—23-07-2014 | Parliament_bills | 4981f5b4-3104-56d3-904c-35f8507a4098 |
bill no 137 of 2014 the farmers (protection from natural calamities and other welfare measures) bill, 2014 by shri devji m patel, mp a billto provide for the protection of farmers affected by natural calamities and for other welfare measures and for matters connected therewithbe it enacted by parliament in the sixty-fifth year of the republic of india as follows:—(2) it extends to the whole of indiadefinitions2 in this act, unless the context otherwise requires,—(a) "appropriate government" means in case of a state, the government of that state and in all other cases, the central government;5(b) "farmer affected by natural calamity" means a farmer whose property, including livestock, crop, orchard, field, machine or tools, is lost, destroyed or damaged due to natural calamity;(c) "fund" means the farmers welfare fund constituted under section 4;10(d) "natural calamity" includes drought, flood, cyclone, hailstorm, cloud burst, tsunami, landslide or earthquake or such other conditions as may be notified by the appropriate government from time to time;(e) "old age farmer" means a farmer who has completed sixty years of age;and(f) "prescribed" means prescribed by rules made under this act153 (1) notwithstanding anything contained in any other law for the time being in force, every farmer affected by natural calamity shall be paid adequate compensation by the appropriate government in such manner as may be prescribedpayment of adequate compensation to farmers affected by natural calamities(2) the amount of compensation payable to a farmers under sub-section (1) shall be such as may be specified by the appropriate government from time to time, by notification in the official gazette;20(3) the appropriate government, while specifying the compensation under sub-section (2), shall take into account the actual loss suffered by a farmer affected by natural calamity;25(4) every claimant shall apply to an officer nominated by the appropriate government for the purpose of payment of compensation in such form and giving such information as may be prescribed:provided that nothing in this act shall prevent a gram panchayat from applying for compensation on behalf of all the farmers affected by natural calamity living within the jurisdiction of such gram panchayat30(5) every application for compensation under this act shall be disposed of within a period of thirty days from the date of its filingfarmers welfare fund4 (1) the central government shall, by notification in the official gazette, constitute a fund to be known as the farmers welfare fund35(2) the initial corpus of the fund shall be rupees five thousand crore of which rupees four thousand crore shall be credited by the central government, after due appropriation made by parliament by law in this behalf, and rupees one thousand crore shall be credited by the state governments in such manner as may be prescribed(3) the central government and the state governments shall contribute every year to the fund in such ratio as may be prescribed40(4) there shall also be credited to the fund any grant or donation that may be made by any person or institution5 (1) the appropriate government shall take such measures as it may think necessary and expedient for the removal of indebtedness amongst farmersmeasures for removal of indebtedness amongst farmers45(2) without prejudice to the generality of the foregoing provision, the measures shall include giving remunerative prices to farmers for their agricultural produce and provision of a comprehensive crop insurance scheme for farmerspension to old age farmers6 the appropriate government shall pay such pension, being not less than rupees one thousand per month, as it may deem appropriate keeping in view the rate of inflation and other necessary factors, to every old age farmer, whose income from all sources is not more than two thousand rupees per month, in such manner as may be prescribed5farmers credit scheme7 (1) the central government, in consultation with the state governments,formulate a scheme to be known as the farmers credit scheme for providing loans to farmers through banks and financial institutions(2) the scheme shall provide for—(i) terms and conditions governing the flow of credit to the farmers;10(ii) procedure of settling outstanding loans of farmers; (iii) guidelines regarding rate of interest to be charged on loans; (iv) relief measures for farmers affected by natural calamities; and (v) such other matters as the central government may deem necessary158 the central government may issue such directives to the banks and the financialinstitutions, as it may deem necessary, for carrying out the purposes of this act9 the provisions of this act shall be in addition to and not in derogation of any other law for the time being in force, relating to matters provided in this actcentral government to issue directives to banks and financial institutions act not to be in derogation of other lawspower to make rules10 (1) the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act2025(2) every rule made under this act shall be laid, as soon as may be after it is made,before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both the houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modificationor annulment shall be without prejudice to the validity of anything previously done under that rule statement of objects and reasonsin our country farmers constitute nearly seventy per cent of the total populationbeing a vast country, natural calamities do occur in one part of the country or the other almost round the year for instance, the state of rajasthan and parts of gujarat, maharashtra, bihar, uttar pradesh, jharkhand, madhya pradesh and chhattisgarh are drought prone every year, half of bihar is flooded and the other half faces drought similarly, in southern states, coastal areas are lashed with cyclones or tsunami whereas other parts of these states face drought conditions many parts of the country face earthquake, hailstorm, cloud bursts, extreme cold conditions and other natural calamities farmers mostly bear the brunt of such natural calamities they lose their crops, livestock and many a time their dwelling units and household items including food grains despite this, farmers are supposed to repay their loans whether their harvest is good or not in depression, many of them end their lives thousands of farmers have committed suicide in recent years in the states of andhra pradesh, maharashtra, punjab, uttar pradesh, madhya pradesh, tamil nadu and karnataka indebtedness of our farming community is a chronic and continuing problem which has to be taken care of through active efforts due to increase in life expectancy, the number of old age farmers is increasing and in their old age they have to face a number of problems compelling them to lead a miserable life since ours is a welfare state, the government is duty bound to provide social security to the farmers by giving them old age pension, remunerative prices of their produce and also provide them adequate compensation if their crops and property are affected by natural calamityhence this billnew delhi;devji m patelnovember 3, 2014 financial memorandumclause 3 of the bill provides for the compensation to farmers affected by natural calamity clause 4 provides for constitution of farmers welfare fund clause 6 provides for old age pension to farmers clause 7 provides for the formulation of farmers credit scheme the expenditure in relation to the states shall be borne out of the consolidated funds of the respective states however, the expenditure in respect of union territories shall be borne out of the consolidated fund of india further, the central government is also required to assist the state governments by crediting monies into the farmers welfare fund for carrying out the purposes of the act the bill, therefore, if enacted, will involve expenditure from the consolidated fund of india it is estimated that a sum of rupees five thousand crore may be involved as recurring expenditure per annuma non-recurring expenditure to the tune of rupees five hundred crore is also likely to be involved 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———— a billto provide for the protection of farmers affected by natural calamities and for other welfare measures and for matters connected therewith————(shri devji m patel, mp)gmgipmrnd—2720ls(s3)—02-12-2014 | Parliament_bills | 39c18c87-bd3c-5e00-8931-9da7e5e9a43a |
" ,~" ":,\ :'; i""~ \:" \ l' " 'it, , "' >, '7--/' 41'1-, ~ , ' the advocates (amendment) bill, 1962(as introduced in lok sabha on 12m march, 1962) the advocates (amendment) bill, 1962 [as introduced in lok sabha]a bill to amend the advocates act, 1961 be it enacted by parliament in the thirteenth year of the republic of india as follows:-1 this act may be called the advocates (amendment) act, 1962 short title 2 in paragraph (ii) of the proviso to clause (d) of sub-section (1) amendment 5 of section 24 of the advocates act, 1961 (hereinafter referred to as of section 24· the principal act), for the words "is a member", the words "is or has been a member" shall be substituted 3 in section 54 of the principal act, the words "nominated and", amendment ~~~~ d~u 10 4 in the principal act, after section 57, the following sections inlcl'tion of shall be, and shall be deemed always to have been, inserted,;:w and~~nt namely:-is "58 (1) where a state bar council has not been constituted spec~ under this act ?r where a state bar council so constituted is s:i~:~h! unable to perform its functions by reason of any order of a court tr~itiona1 or otherwise, the functions of that bar councilor of any com- penod mittee thereof, in so far as they relate to the admission and enrolment of advocates, shall be performed by the high court in accordance with the provisions of this act 20 (2) until chapter iv comes into force, a state bar council or a high court performing the functions of a state bar council may enrol any person to be an advocate on a state roll, if he is aualifted to be so enrolled under this act, notwithstanding that no rules have been made under section 28 or that the rules so made have not been approved by the bar council of india and every per~n so enrolled shall, until that chqpter comes into force, be entitled to all the rights of practice conferred on an advocate under section 14 of the indian bar councils act, 1926 538 of i926 (3) notwithstanding anything contained in this act, every person who, immediately before the 1st day of december, 1961, was an advocate on the roll of any high court under the indian bar councils act, 1926 or who has been enrolled as an advocate 3!l of 1920-under this act shall, until chapter iv comes into force, be en- 10 titled as of right to practise in the supreme court, subject to the rules made by the supreme court in this behalf (4) notwithstanding the repeal by sub-section (2) of section 50 of the provisions of the legal practitioners act, 1879 or 8 of i87q of the bombay pleaders act, 1920, relating to the admission and 15 bombay',- t enrolment of legal practitioners, the provisions of those acts and xvii of any rules made thereunder in so far as they relate to the issue 1920 and renewal of a certificate to a legal practitioner authorising him to practise shall have effect until chapter iv comes into force and, accordingly, every certificate issued or renewed to a 20 legal practitioner (who is not enrolled as an advocate under this act) which is or purports to be issued or renewed under the provisions of either of the aforesaid acts during the period beginning with the 1st day of december, 1961 and ending with the date on which chapter iv comes into force, shall be deemed to 25 have been validly issued or renewed | removal ||--------------|| difbculties |59 (1) if any difficulty arises in giving effect to the provisions of this act, particularly in relation to the transition from the enactments repealed by this act to the provisions of this act, the central government may, by order published in the oftlcial 30 gazette, make such provisions not inconsistent with the purposes of this act, as appear to it to be necessary or expedient for removing the difficulty (2) an order under sub-section (1) may be made so as to have retrospective eftect from a date not earlier than the 1st day 35 of december, 1961 repeal of 5 (1) the advocates (amendment) ordin~ce, 1962 is hereby ordinance i repealed of 1962 (2) notwithstanding such repeal, anything done or any action taken under the said ordinance shall be deemed to have been done or 40 taken under this act as if this act had commenced on the 24~ day 0f january 1962 - the advocates act 1961 provides for an autonomous bar council in each state and an all india bar council consisting mainly of the representatives of the state bar councils under the act, a state bar council is to enrol qualified persons as advocates and prepare a roll of advocates practising in the state and thereafter a common roll of advocates for the whole of india is to be prepared by the bar council of india the advocates whose names are entered in the common roll would be entitled as of right to practise in all the courts in india including the supreme court 2 provision was made in the act for its enforcement piece-meal and chapters i ii and vii which provide for the constitution of bar councils and certain transitional measures were brought into force on the 16th august 1961 it was expected that all the bar councili' would be constituted by december 1961 and a common roll would be prepared soon thereafter on that expectation chapter iii which relates to the admission and enrolment of advocates was brought into force on the 1st december, 1961 the expectation has not however been realised one of the state bar councils i3 yet to be constituted and the bar council of india could not therefore be formed 3 the delay in the constitution of bar councils and the preparation of the common roll has created certain difficulties where a state bar council has not been constituted there is no authority to enrol qualified persons as advocates and even where such a council has been constituted it cannot function effectively in the absence of proper rules which require the previous approval of the all india bar council moreover, even when a person is enrolled as an advocate on a state roll he will not be entitled to practise until his name is entered in the common' roll and chapter iv is brought into force 4 difficulties therefore, arose in the enrolment of proper persons as advocates and in conferring on them the right to practise since sections 6 and 7 of the legal practitioners act, 1879 stood repealed from the 1st december, 1961 when chapter iii was brought into force doubts arose whether the certificate to a pleader or a mukhtar could be issued or renewed after that date these unforeseen difficulties were causing unintended hardship to certain persons and it was considered necessary to take immediate action to amend the advocates act 1961 by promulgating an ordinance the advocates (amendment) , - 3 ordinance was accordingly promulgated on the 24th january 1962 for making suitable transitional provisions to overcome the difficulties which arose in the working of the act this bill seeks merely to replace the ordinance by an act of parliament opportunity has been taken to make certain minor drafting changes in the advocates ad ' ' • new delhi; a k sen the 20th february 1962 - - - - - - 24 (1) subject to the provisions of this act, and the rules made persons who thereunder, a person shall be qualified to be admitted as an advocate ~~~ on a state roll, if he fulftls the following conditions, namely:-:dvocate8a~n - - - - - - (d) he has undergone a course of training in law and passed an examination after such training both of which shall be prescribed by the state bar council: provided that this clause shall not apply to-(i) a barrister who has received practicaltraining in england or a person who has obtained a degree in law from any university in india before the appointed day; (ii) any person who has for at least two years held a judicial office in the territory of india or is a member of the central legal service; - - - - - - 54 notwithstanding anything contained in this act, the term of term of office of the nominated and elected members of the bar council of ~~b~~ at india and a state bar council constituted for the first time, shall be first bar two years from the date of the first meeting of the council ?nd~c~~c:f - - - - - - state bu councils i!:r;t'rg= :a-::-dr!i: 1}1:~:!: n gel "sol' 12' '!o!1jjwatioi or fbi qlriiibci - , ad,eate ie', 1961 pre't'1c1 •• '-i" _ __ ue aar cancil: sa 8"_~ •• ul-ja41a bar cudcl1 ce~81'lng tal, et tbe ,represeta1;1, - • t tb hate bar cwcua udder till - let •• s_ bar cewacll 1 ed'rel cjdlitjed per ••• a ed aad prepare rell et d'ften'te p~ctll11!w la tile -'te;;na tbereatter - e __ a ft11 et dfteat •• far ttl •• ~le t xadia _j1d ba pnpared , ,be all-ladia 1" '-acu ala adw __ wbe __ 1 enterecl iii ttle oem_ rell wwld be at~tled w preo'ie 10 all ta •• un 'd wi tncll1dlluj the pre ceun 2 a prcedt1re anri_ed ia _b1_ le' 1 aub_teat1al1, 41tterent rna tbe u1atl, practlce, preyl ws de ill the aet ter 1-' edt _a' piece l cbapter i, 11 add yli1ihleil cc"ta1n tranit1ediil _e ~ br~bt 10m terce ois t ib ~n 1961 wb_ bar ce1&de1l 111 _ywal 8_te wei' c8dautalud, there was - de1lllldll ~t; chapter iii etch relate te ta _1_led iidd nrejat et ad,oam •• be\lld be brelul':h\ 1nte taree without dela, l' wa axpected tha' all tbe bar ceudcll w ld be eanaututed by dec_ber, 1961 aad ed 'bib wld"8t di~t cblpt iii _ brought lou &rca ell ttle t n de ber, 1961 but ene te bar cellneu -1 yet ta be __ 'i_tect add the all-ladle bar ceuae'u ceuld dd thanezoe, be ie "l'9" ft_ bar ce\1oc11 be,: ' " cenetituted, there 1 de auttwrldt1 te entrel qualified p sene s ad~cte, add eftd w zoe ill_ - c ncll baa beed cen8t1tllte", l' cllnnet f\mct1ed treeti •• lr in the ab •• ace et ,reper hie wbjcb require the preyielia epnrevsl t tbe a1i-ildill bar caci1 mereeyer, eftd aea a peren 1 earelled •• an dftcet ••• a state rell, b will net be utled te practise unul hi ia edtereci 1d e ___ nil •• chapter it 18 breugbt ~ fir, add, a _'tera -dd, it udlike11 tba' aia1a cbaptt 8";' breught int '-'e ar __ tllltt ) dlft1ealt~, \brter, an •• 1d 1;b •• dn~d' t qulltl •• per_ae ••• d , •• aael in centerrldg d ttl 'lib rigllt te pl"lc'l la ne - • t ~a rttpeltl et eenaid pr'ri81en - • t the laal 'not1t»_" lot, t8?9 wi eftee' freii the 1t deeellber, t 961 1dwd quip'" iii , breugbt in_ tree, debt •• ra •• whethr cert1fi'e toe plederb, _kbtatta •• te eeuld b il!!j8uad mrewed n ,bet da ~ iii der '- ~e'ft 'b an"'e tifft_iue, l' b ••• _ar, '- tad 1jdidi8, aet1ed _d jtftlrllce •• _ 41i11d - a 8illtable preria1ea ter ttle ara_at t preper "reea a •• dft08' dd tel' oedterrlq tta tile right _ )'jnou •• add 81 tel' tile "l •• u alii " __ 1 et oertlt1c' •• te pl_dera - - "klatara, e' •• , pedd1q tile ca_ce - , ~t chaptr iv e l4fto ('-ad_a') ord1 dee accrd1acl1 pnllulgaw d zj jdlar, t9 •• ------a bill to amend the advocates act, !961 lasoke k sen, minister 0/ law) | Parliament_bills | 1d210170-f6b8-5a17-a087-15020a856eca |
-- plifno;u·!( ins the union duties of excise- (distributl'on) amendment bill, 1965 ,: a bu fuftmf' to amend the vtdtm· dutiu of z%dae -(diltribution) adttr2 si it e»acted by parliament in the sixteenth year of the repqbl1c of itlc:ua follows:-l (1) thii'act'may be called the union duties of exclae (i:siitri short but1on) amendment act, 1965 ' title add commence- (2) it shall come into force on the 1st day of april, 1968:' , ment , -i in the long title of the union duties of excise (dlstribuuod) ~_' act, 1~'th~w··t"efetted -to-"" -the prlncipalaet), for the m ,' words, ftgurea and letters "dated the 14th day of december, 1981", otyd:i: ': the warp apreaadd letters "dated the 12th day of ausuat, 1965" title 10 abal1 be tubstltuted a in aectlod 2 ot the principal act, for the worda and 4jurea "oil each of the articl specljled in the schedule to thfi act, u deftned in " the firat schedule to the central hci uid s81taci, im4";-ttie-·--i wordl, bracket and agure "and of the duties of excile levied and conected under the mineral products (addluonal dutl ot ezelle , add customa) act, 18s8" ihall be iubit1tutecl to for 1ecti0d 3 ot the principal act, the fo11qwfn, aecuod iball be 1ublt1tuted, iwde1y: - "3 durina each ftdadcial year ~encidg on and after the 1st day of april, 1968, there ahall be paid out of the consolidated 10 fund of india to each of the states lpecifled in colujdd 1 of the table below such percentage of the distributable union duu of exclle as li'set out against it in column 2:-' i state peft:cutiae a-m bjhai gujuii jimalu add icmbmlr - kalla "77 3'3:1 10'03 '80 20 2·:14 '16 "oio "'11 "2! 2' "41 2':11 ·b 4'16 5'06 30 ~yapndelh ~ mabarahtn myaon nj,,,,, on pudjab ii'lthen uuar pncieib wat bcaaa1 ', ~, "51", 5 the schedule to the principal act thall be omitted -at preledt ~ of the net proceeds of the union dutfea of ezc:ue od 86 commoditiea on which duties were collected in' 1980-81 excludfdj those '(but not excluding sdk' fabrics) od which the yield wu below ra so' jakha ' year distributed amodl the stat other ~ nag-land in addition, 0·1 per cent; of the net proceeds on these as commodities 11 payable to nagaland the fourth fjn8nc8 commfutod bas recommended that 20 per cent of the uc:lae duties on all commodities which are at present subject to such duties under the central excfaes and salt act, 1944 and ~e mineral products (addluodal duties of excfae and cuitoma) act, 1958, and which will be subject to wch duties during the period 1st april, 1968 to 31st march, 1971 except regulatory duties, special excises and duties and ceases earmarked for apecl1lc purposes should be distributed among the stat • the b~ fa intended to sive effect to these recommendatiods new dam; t t krisbnamachaijj the 20th npvembef', 1965 president's recommendation under articles 117 and 274 of the constitution of india- i [copy of letter no f13(15)-b/65, dated the 22nd november, 1885 from shri t t krislmamacharl, minister of finance to the secretary, lok sabha] the president having been informed of the subject matter of the proposed bill to further amend the union duties of exc1ae (distribution) act 1962, in pursuance of the principles of distribution:' formulated and the recommendations made by the finance commfaiod ill its report dated 12th day of august, 1965, recommebda under article 117 (1) and (3) of the constitution of india read with article 274 thereof, the introduction of the union duties of excise (distribution) amendment bill, 1965, in the lok sabha and also consideration of the bill - ··-·····-;~hjjfw9~!at~e~'~~~~~ii,j~mcp~~;~wtltp1-~~vpw the ~~ijp~im' ~~ jjpjd;~,~,,~~ji~)p~~ ludlo~~8jt~~jn"i'tpna1pr~;~c;i!""'qf,:~~ cror • ~_tilltlll¥1m~ ~ tm ~ q~41~n ~~~":~ tat '1dcjlr:at ~'i~"~'~'" annexure •~c'l's ~ ~ union dum:s or excise' (distbibl1'1'ion) act 1962 i (3 of' 1962) - - - - - - an act to provide for the distribution of a part of the net proceeds of certain union duties of excise among the states in persuance of the principles of distribution formulated and the recommendations made by the finance commission in its report dated the 14th day of december 1961 - - - - - - j in this act, the expression "distributable union duties of deftnition excise·' means ,twenty per cent of the net proceeds of the duties of excise levied and collected under the central excises and salt act, 1 of 1144 1944 on each of the articles specified in the schedule to this act, as defined in the first schedule to the central excises and salt act 1944 3 (1) during each financial year commencing on and after the first distribuday of april 1962, there shall be paid out of the consolidated fund tion of - of india to each of the states specified in column 1 of the table puu: of , , ,dlon below such percentage of the distributable umon duties of excise ~s duties of is set out _against it in column 2:-~xcae amon, the states i a state perc:cntqe \qdhra pradesh 8'a3 allam" 4'73 bihar n-,6 gujarat 6'4' jammu and iciahmir a-o:a keraia "46 madhya pradclh 8'46 madm 6'08 mahataahtra ,'73 myaore " sa orilla 7'07 padjab 6-71 rajutllad '-93 uttar pradesh 10'68 weatbedpl ,'07 - " (j) ·ftei1hau - he paid out of the ccmao1idated pudd of !adia to the state of napland, an amount equal to o· 03 per cent of the dfatributabll udlon du~ of excile durin, the financial year 1983-m and an iji1oudt equal to 0·1 per cent of the· diltributable union dutlel of aclh d11ridl each 01 the iub_quent ftnanclal jean - - - - - - the schltdule (see hction 2)i nlzuotlftide i 'apr -' 2 coi'ee ' tea 3 tobllcco· 4 ki!foied8 7 \ ~ "' s reftded dieael oila vaporiziaa od diclcl oil, not otherwise lpecified 9 10 puroacc oil ' - n alphatt nd bitumen 13 vegetable non-aaendal oua veaetable product 13 piamentl, colow's, paiotl, emmell nrniih , blicb id4 cellulose ilcquera - - soap 14 i, 16 tyiei paper rayon aa4 ijdlbedc ibrel ad ju'il cotton fabrica 11 " i, ~ silk fabtica al zz woodm fabrici' ~ or artllciallilk fabrtca = cement - ~~ ~ stel1daota am - 11d piilo ad dqdid ibeiii facirdfnt lid, -' of iuch p 1beeti or· iaiemal combuldoa iiiigi'ii biktric moton, au iodi ilks pau mot biictdc biittedei, ad pull thereof p biictric jtabdaa bulbi aa4 iuanadt lip biectric tdt motor vehicla lit - it 'e,diii, pug of cyciea giber tba macar cjdit pootwear is , , ,, ' -- -, ~ -' - -- it', ' ••• a bill ~et to amend the union duties of excise (distributk,n) aa, i962 , -" (shri t t krishtuzmtz&hari~ m~d/,p~) " | Parliament_bills | fb34d866-7510-5d74-b59e-e08f67a47444 |
bill no 72 of 2018 the chit funds (amendment) bill, 2018 a billfurther to amend the chit funds act, 1982be it enacted by parliament in the sixty-ninth year of the republic of india as follows:—1 (1) this act may be called the chit funds (amendment) act, 2018short title and commencement(2) it shall come into force on such date as the central government may, by notification in the official gazette, appoint540 of 1982amendment of section 22 in the chit funds act, 1982 (hereinafter referred to as the "principal act"), in section2, in clause (b), after the word "kuri", the words, "fraternity fund" shall be inserted3 for section 11 of the principal act, the following section shall be substituted, namely:—substitution of new section for section 11'11 (1) no person shall carry on chit business unless he uses as part of his name any of the words "chit", "chit fund", "chitty", "kuri" or "fraternity fund" and no person other than a person carrying on chit business shall use as part of his name any such worduse of words "chit", "chit fund", chitty""kuri" or"fraternity fund"(2) where at the commencement of this act,—(a) any person is carrying on chit business without using as part of his name any of the words specified in sub-section (1); or5(b) any person not carrying on chit business is using any such word as part of his name, he shall, within a period of one year from such commencement, add as part of his name any such word or, as the case may be, delete such word from his name:10provided that the state government may, if it considers it necessary in the public interest or for avoiding any hardship, extend the said period of one year by such further period or periods not exceeding one year in the aggregate'amendment of section 164 in section 16 of the principal act, in sub-section (2), after the words "two subscribers", the words "present in person or through video conferencing duly recorded by the foreman" shall be inserted5 in section 17 of the principal act, in sub-section (1),—amendment of section 1715(i) after the words "at least two other subscribers who are present", the words"in person or through video conferencing" shall be inserted;(ii) the following proviso shall be inserted, namely:—20"provided that where two subscribers required to be present under sub-section (2) of section 16 are present through video conferencing, the foreman shall have the minutes of the proceedings signed by such subscribers within a period of two days of the date of the draw"6 in section 21 of the principal act, in sub-section (1),—amendment of section 21(i) in clause (b), for the words "five per cent", the words "seven per cent" shall be substituted;25(ii) for clause (f), the following clauses shall be substituted, namely:—"(f) to substitute subscribers in place of defaulting subscribers; (fa) to exercise his right to lien against the credit balance in other non-prized chits; and "amendment of section 85307 in section 85 of the principal act, in clause (b), for the words "one hundred rupees", the words "such amount as may be specified, by notification in the official gazette, by the state government " shall be substituted statement of objects and reasonsthe chit funds act, 1982 was enacted to provide for the regulation of chit funds which are indigenous business in india and have conventionally satisfied the financial needs of the low-income households the chit is a mechanism which combines credit and savings in a scheme, in which a group of individuals come together for a pre-determined duration and subscribe a certain sum of money by way of periodical instalments and each such subscriber, in his turn as determined by lot or by auction or by tender or any other specified manner, gets the collected sum in this way, people who are in need of funds and those who want to save are able to meet their requirements simultaneously2 in past, concerns had been expressed by various stakeholders regarding challenges being faced by the chit business therefore, the central government constituted a key advisory group on chit funds to review the existing legal, regulatory and institutional framework for chit funds and its efficacy and to suggest legal and regulatory initiatives required for orderly growth of the said sector the key advisory group submitted its recommendations relating to improvements in the institutional and legal structure to further develop the chit business in order to reduce the regulatory burden of the chit business and to protect the interest of the subscribers of the chits3 the parliamentary standing committee on finance (sixteenth lok sabha), in its twenty-first report on efficacy of regulation of collective investment schemes (cis), chit funds, etc, had also recommended to finalise the legislative and administrative proposals for strengthening and streamlining of the registered chit fund sector further, the said committee, in its thirty-fifth report on the action taken by the government on the recommendations contained in the twenty-first report, had recommended the need to quickly firm up the legislative and administrative proposals for the chit funds sector4 in view of the above, it has been decided to amend the chit funds act, 1982accordingly, the chit funds (amendment) bill, 2018, inter alia, proposes—(a) the use of "fraternity fund" also for chits by amending sections 2(b) and 11;(b) to allow the mandatory presence of two subscribers, as required under section16(2), either in person or through video conferencing duly recorded by the foreman;(c) that where the presence of the mandatory two subscribers was through videoconferencing, the minutes of proceedings should be signed by them within two days;(d) the increase of ceiling of foreman's commission from five per cent to seven per cent under section 21;(e) to enable the foreman to have a right to lien for the dues from subscribers, so that set-off is allowed by the chit fund for subscribers who have already drawn funds, so as to discourage default by them;(f) to amend section 85(b), so as to confer power upon the state government to specify the amount, by notification, upto which any chit fund shall be exempted under the said section5 the bill seeks to achieve the above objectsnew delhi;arun jaitleythe 28th february, 2018 annexure extracts from the chit funds act, 1982 (40 of 1982)definitions2 in this act, unless the context otherwise requires,—(b) "chit" means a transaction whether called chit, chit fund, chitty, kuri or by any other name by or under which a person enters into an agreement with a specified number of persons that every one of them shall subscribe a certain sum of money (or a certain quantity of grain instead) by way of periodical instalments over a definite period and that each such subscriber shall, in his turn, as determined by lot or by auction or by tender or in such other manner as may be specified in the chit agreement, be entitled to the prize amountexplanation—a transaction is not a chit within the meaning of this clause, if in such transaction,—(i) some alone, but not all, of the subscribers get the prize amount without any liability to pay future subscriptions; or(ii) all the subscribers get the chit amount by turns with a liability to pay future subscriptions;11 (1) no person shall carry on chit business unless he uses as part of his name any of the words "chit", "chit fund", "chitty" or "kuri" and no person other than a person carrying on chit business shall use as part of his name any such worduse of the words "chit", "chit fund" "chitty" or "kuri"(2) where at the commencement of this act,—(a) any person is carrying on chit business without using as part of his name any of the words specied in sub-section (1); or(b) any person not carrying on chit business is using any such word as part of his name, he shall, within a period of one year from such commencement, add as part of his name any such word or, the case may be, delete such word from his name:provided that the state government may, if it considers it necessary in the public interest or for avoiding any hardship, extend the said period of one year by such further period or periods not exceeding one year in the aggregate 16 (1) date, time and place of conducting chits(2) every such draw shall be conducted in accordance with the provisions of the chit agreement and in the presence of not less than two subscribers| | | | | ||-----------------------------------------------------------------------------------------------|-----|-----|-----|-----|| minutes of | | | | || proceedings | | | | || 17 | | | | || ( | | | | || 1 | | | | || ) the minutes of the proceedings of every draw shall be prepared and entered in | | | | || a book to be kept for that purpose immediately after the closure of the draw and shall be | | | | || signed by the foreman, the prized subscribers, if present, or their authorised agents, and at | | | | || least two other subscribers who are present, and where a direction has been made under | | | | || sub-section ( | | | | || 3 | | | | || ) of section 16, also by the registrar or the person deputed by him under that | | | | || sub-section | | | | || | | | | |21 (1) the foreman shall be entitled,—rights of foreman(b) to such amount not exceeding five per cent of the chit amount as may be fixed in the chit agreement, by way of commission, remuneration or for meeting the expenses of running the chit; (f) to substitute subscribers in place of defaulting subscribers; and85 nothing in this act shall apply in respect of—act not to apply to certain chits(b) any chit the amount of which, or where two or more chits were started or conducted simultaneously by the same foreman, the aggregate amount of which does not exceed one hundred rupees lok sabha————— a billfurther to amend the chit funds act, 1982—————(shri arun jaitley, minister of finance and corporate affairs) | Parliament_bills | 744aaa46-efb2-5e6a-8a8d-b4da3b42cf4c |
bill no 250 of 2015 the witnesses (protection of identity) bill, 2015 byshri rabindra kumar jena, mpa billto provide for protection of identity to threatened witnesses in criminal cases involving serious offences, procedure and mechanism for such protection and for matters connected therewith or incidental theretobe it enacted by parliament in the sixty-sixth year of the republic of india as follows:— chapter i preliminary51 (1) this act may be called the witnesses (protection of identity) act, 2015short 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, bynotification in the official gazette, appoint2 (1) in this act, unless the context otherwise requires,—definitions| ( | a | ) "close relative" includes spouse, parents, grandparents, sons, ||-------------------------------------------------------------------------------------|-----|----------------------------------------------------------------------------|| daughters, grandchildren, brothers and sisters; | | || ( | b | ) "identity" in relation to a person includes name, sex, names of parents, || occupation and address of such person; | 5 | || ( | c | ) "judge" means the presiding judge of a court of session or the judge || of a court of equivalent status or of a special court; | | || 2 of 1974 | | || 10 | | || ( | d | ) "serious offence" means an offence which is described as triable by a || court of session in the first schedule to the code of criminal procedure, 1973 | | || and includes any offence which is required to be tried by a court of session or | | || any other equivalent designated court or a special court, by law; | | || ( | e | ) "threatened witness" means any witness, in respect of whom, there is || likelihood of danger to the safety of his life or life of his close relatives or | | || serious danger to his property or property of his close relatives, by reason of | | || his being a witness; | | || 15 | | || ( | f | ) "victim" means any person who has suffered physical, mental, || psychological or monetary harm or harm to his property as a result of the | | || commission of any offence; and | | || 20 | | || ( | g | ) "witness" means any person who is acquainted with the facts and || circumstances, or is in possession of any information or has knowledge, | | || necessary for the purpose of investigation, inquiry or trial of any crime involving | | || serious offence, and who is or may be required to give information or make a | | || statement or produce any document during investigation, inquiry or trial of | | || such case and includes a victim of such serious offence | | || 25 | | || 2 of 1974 | | |(2) words and expressions used but not defined in this act and defined in the code of criminal procedure, 1973 shall have the meaning as assigned to them in that codeapplication3 the provisions of this act shall apply to—| ( | a | ) investigation, inquiry and trial of serious offences; ||------------------------------------------------------------------------------|-----|-------------------------------------------------------------------------|| 30 | | || ( | b | ) victims of serious offences, the recording of whose statements at the || trial in the court of session has not commenced; and | | || ( | c | ) threatened witnesses in relation to serious offences whose identity || has not been revealed to the accused or whose statements have not been | | || recorded during investigation or during inquiry before the magistrate at the | | || date of commencement of this act | | || 35 | | | chapter ii witness identity protection order part- i identity protection during investigation40application for seeking identity protection order4 (1) during the course of investigation of any serious offence, if the investigating officer is satisfied that for the purpose of effective investigation of the case, it is necessary to protect the identity of any threatened witness, he may, through the public prosecutor or the assistant public prosecutor, as the case may be, apply in writing to the judicial magistrate of first class or metropolitan magistrate, as the case may be, for seeking an identity protection order45(2)in every application made under sub-section (1), the true identity of the threatened witness and such other particulars as may lead to the identification of the threatened witness shall not be mentioned, and instead a pseudonym or a letter of english alphabet shall be mentioned to identify the threatened witness, but the true identity and other particulars shall be disclosed to the magistrate(3) every application under sub-section (1)—5(a) shall be accompanied by relevant material and documents which areevidence that the witness is a threatened witness and need a grant of identity protection order, and(b) may be accompanied by a certificate of an officer of the rank ofsuperintendent of police or above certifying that the witness is a threatened witness10ex parte preliminary inquiry by the magistrate5 (1) the magistrate shall, upon receipt of an application under section 4, holda preliminary ex parte inquiry in camera to determine whether the witness is athreatened witness as claimed in the application and whether there is necessity to pass a protection order, and shall follow the procedure laid down in this section for such determination15(2) the magistrate may require the prosecution to place before him any materialor document which has not been already submitted, and which he considers relevant for the disposal of the application(3) the magistrate shall hear the prosecution and, in his discretion, may examine any person including the witness who is subject of the application orally, and shall record the substance of the statement20(4) during the course of the preliminary inquiry, no prosecutor, officer of the court or other person present or involved in the preliminary hearing shall disclose or reveal or leak out any information regarding the true identity of the witness, or any other particulars likely to lead to the identification of witness25(5) during the course of the preliminary inquiry, no oral evidence shall be given,and no question may be put to any person, if such evidence or question relates directly or indirectly to the true identity of the witness who is subject of the application(6) while considering the application, the magistrate shall have regard to the following:—(i) the general right of the accused to know the identity of witness;30(ii) the principle that witness anonymity orders are justified only inexceptional circumstances;(iii) the gravity of the offence; (iv) the importance of the evidence of threatened witness in the case;35(v) whether the statement of witness, if any, under sub-section (3) as towhy he is a threatened witness and as to why there is necessity to pass a protection order, is reliable; and(vi) whether there is other evidence which corroborates the evidence ofthreatened witness in respect of the offence6 (1) if, after consideration of—40order by the magistrate(a) the application and all material and documents submitted in support of the application under section 4; and(b) the statement of any person recorded, if any, under sub-section (3) of section 5;and, after hearing the prosecution, the magistrate is satisfied that—45(i) the witness who is subject of the application is a threatened witness;| ( | ii | ) withholding the identity of threatened witness until the investigation ||------------------------------------------------------------------------------------|------|----------------------------------------------------------------------------|| is completed and final report of charge sheet is submitted in the court, shall not | | || be contrary to the interests of justice; and | | || 5 | | || 2 of 1974 | | || ( | iii | ) the need for passing a protection order outweighs the general right || of the accused to know the identity of the witness, he shall pass a reasoned | | || judicial order that until the investigation is completed and the police report | | || referred to in sub-section ( | 2 | ) of section 173 of the code of criminal procedure, || 1973 or charge sheet under any other law is forwarded to the magistrate or | | || judge, the identity of threatened witness shall not be reflected or mentioned | | || in— | | || 10 | | || 2 of 1974 | | || ( | a | ) any document prepared or any statement recorded under || sections 161 and 164 of the code of criminal procedure, 1973 or any other | | || statement recorded during the course of investigation, including the case | | || diary; | | || 15 | | || ( | b | ) the police report or charge sheet referred to above and documents || forwarded along with the police report or charge sheet; | | || ( | c | ) any other document forwarded to the magistrate or judge in || any proceeding in relation to such offence; | | || ( | d | ) any proceeding before the magistrate or before any other court, || during investigation, in relation to such offence | | || 20 | | |(2) if, however, after such consideration and hearing as referred to in subsection (1), the magistrate is satisfied that—| ( | a | ) the witness who is the subject of the application is not a threatened ||--------------|-----|---------------------------------------------------------------------------|| witness; or | | || ( | b | ) withholding the identity of such a witness shall— || 25 | | || ( | i | ) be contrary to the interests of justice, or || ( | ii | ) not outweigh the right of the accused to know the identity of || the witness, | | |he shall, by a reasoned judicial order, dismiss the application307 (1) the true identity of witness who is subject of the application shall not bementioned or reflected in any order sheet or proceeding under this partprohibition of mentioning identity of witness(2) it shall not be lawful for any person to print or publish in any manner anymatter in relation to any proceeding under this part part- ii identity protection after completion of investigation35application for identity protection2 of 1974408 (1) if, after the police report referred to in sub-section (2) of section 173 ofthe code of criminal procedure, 1973 or charge sheet referred to in any other law is forwarded to the magistrate or judge, as the case may be, but before the examination of witnesses begins to commence at the trial, including inquiry, the assistant public prosecutor or the public prosecutor, as the case may be, is of the opinion that it is necessary to protect the identity of a threatened witness, whether or not, identity protection in respect of such threatened witness was sought or ordered at the stage of investigation under part-i, he may, move an application in writing to the judicial magistrate of first class or judge, before whom the case is pending, seeking an identity protection order(2) the application referred to in sub-section (1) may also be moved by the threatened witness, if such a witness intends to seek a protection order(3) the provisions of sub-sections (2) and (3) of section 4 shall apply mutatis mutandis to the application made under this section5(4) where an application filed under sub-section (1) before the magistrate or judge, as the case may be, has been rejected at any time under part-i or this part, such rejection, shall not preclude a fresh application being filed before the magistrate or judge, if fresh circumstances have arisen after the rejection of the earlier application for the grant of a protection order10preliminary inquiry by magistrate or judge9 (1) the magistrate or judge, as the case may be, shall, upon receipt of an application under section 8, hold a preliminary inquiry in camera to determine whether the witness is a threatened witness as claimed in the application and whether there is necessity for the passing of a protection order and shall follow the procedure laid down in this section for such determination15(2) the magistrate or judge, as the case may be, may require the prosecution or the threatened witness who has moved the application under section 8, to place before him any material or document which has not already been submitted, and which he considers relevant for the disposal of the application(3) the magistrate or the judge, as the case may be, shall hear the prosecution, and, subject to provisions of sub-sections (4) and (5) of this section, the accused, and may examine any person including the witness who is subject of the application, orally and shall record the substance of the statement2025(4) the magistrate or judge, as the case may be, shall, on the basis of the information which has come before him under sub-section (1) of section 8 or sub-sections (2) and (3), inform the accused or his pleader as to the apprehensions of the witness and as to why he is a threatened witness and the necessity for passing a protection order and, for that purpose, give a hearing to the accused before passing an order of protection:provided that the magistrate or judge shall not disclose the identity of the witness or any other particulars which may lead to the identification of the said witness:3035provided further that if the accused or his pleader wants to elicit furtherinformation from the prosecution of the threatened witness on the question of likelihood of danger to the life or property of the said witness or his close relatives, such accused or his pleader may be permitted to furnish a list of questions to be answered by the prosecution or the said witness but no question or information which may lead directly or indirectly to the identification of the said witness shall be permitted(5) the magistrate or judge, as the case may be, while examining the witness or any other person under sub-section (3) or hearing the submissions of the prosecutor or the applicant witness shall not allow the accused and his pleader to remain present during such inquiry40(6) the provisions of sub-sections (4) to (6) of section 5 shall apply mutatis mutandis to the preliminary inquiry under this part10 (1) if, after consideration of—order by the magistrate or judge(a) the application and all materials and documents submitted in support of the application by the parties; and45(b) the statements, if any, recorded under sub-section (3) of section 9 and after hearing the submissions of the prosecutor or the applicant witness, as the case may be, and the accused, the magistrate or judge, as the case may be, is satisfied that—| ( | i | ) the witness who is subject of the application is a threatened ||-------------------------------------------------------------------------------|-----|-------------------------------------------------------------------|| witness; | | || 5 | | || ( | ii | ) withholding the identity of threatened witness until the || judgement in trial is given and if any appeal or revision is presented | | || against the judgement, until the decision in the appeal or revision, as the | | || case may be, is given, shall not be contrary to the interests of justice; and | | || ( | iii | ) the need for passing a protection order outweighs the general || right of the accused to know the identity of the witness, | | || 10 | | |he shall pass a reasoned judicial order that until the judgement in trial is given and if any appeal or revision is presented against the judgement, until the decision of the appeal or revision, as the case may be, is given, the identity of threatened witness shall not be reflected or mentioned in,—| ( | a | ) any document produced before the magistrate or judge, or before an ||---------------------------------------------------------------------------------|-----|------------------------------------------------------------------------|| appellate or revisional court, in relation to such case; | | || 15 | | || ( | b | ) any proceeding (including judgement and order) before the magistrate || or judge, or before an appellate or revisional court, in relation to such case; | | || 2 of 1974 | | |(c) any copy of documents required to be supplied to the accused as specified in sections 207 and 208 of the code of criminal procedure, 1973 or under any other law20(2) if, however, after such consideration and hearing as referred to in sub-section (1), the magistrate or judge, as the case may be, is satisfied that—(a) the witness who is subject of the application is not a threatened witness, or(b) that withholding the identity of such a witness shall—(i) be contrary to the interests of justice, or25(ii) not outweigh the right of the accused to know the identity of the witness, he shall, by a judicial reasoned order, dismiss the application11 (1) the true identity of witness who is subject of the application shall not be mentioned or reflected in any order sheet or proceeding under this part30prohibition of mentioning identity of witness(2) it shall not be lawful for any person to print or publish in any manner any matter in relation to any proceeding under this part chapter iii protection of witnesses and victims at the trial3512 (1) when in respect of a threatened witness, an order for identity protection has been passed under sub-section (1) of section 10, his statement in the court during trial shall be recorded as per the procedure laid down in the schedule i, by using two-way closed—circuit television or video link in such a manner that the identity of the witness is not disclosed to the accused and his pleader:recording of statements of threatened witnesses at the trial by closedcircuit television40provided that the accused and his pleader shall, subject to the provisions of sub-section (2), be entitled to hear the voice of the witness during recording of the statement45(2) the presiding judge may, on his own or on an application made by the prosecution or the threatened witness, if he is so satisfied, direct that while recording the statement referred to in sub-section (1), the voice of the witness shall be distorted, and in that event, the accused or his pleader shall be entitled to hear the distorted voice:provided that the undistorted voice-recording shall be kept in a sealed cover and the presiding judge shall have the exclusive right to access the undistorted voice5(3) when the statement is recorded as mentioned in sub-section (1), the public generally, including the media personnel, shall not have access to, or be or remain, in the room or other places used by the court for the purpose of recording of the statement(4) where the statement of the threatened witness is recorded under sub-sections (1)and (2), it shall not be lawful for any person to print or publish in any manner whatsoever, the identity of the threatened witness whose statement is so recorded1015recording of statements of victim at the trial of serious offences where protection order has not been sought or has been refused13 where in the case of trial of a serious offence, no application for a protection order has been made or having been made, has been refused but where the victim seeks that he may be permitted to depose without seeing the accused either physically or through television or video link to avoid trauma, the court may, except for enabling the victim to identify the accused either physically or through television or video link, direct that examination of the witness shall be conducted by using two-way closed—circuit television or video link and two-way audio system in the manner specified in the second schedule2014 (1) the technical personnel operating the two-way television or video link and the two-way audio system and the court master or stenographer of the judge referred to in the schedule i and ii, shall be administered an oath of secrecy in respect of the identity and other particulars of the threatened witnessoath of secrecy to be administered to certain persons referred to in schedules i and ii(2) it shall not be lawful for any of the persons referred to in sub-section (1) to reveal the identity of the witness to any other person or body25 chapter iv district witness protection authoritydistrict witness protection authority15 (1) every state government shall, as soon as may be, by notification in the official gazette, establish a district witness protection authority for every district for carrying out purposes of this act(2) the authority shall consist of—30(a) the superintendent of police of the district, who shall be chairperson, ex-officio; and(b) not exceeding five officials of the police department, to be appointed by state government, as members3516 (1) every district witness protection authority shall formulate a witness protection programme to ensure safety and welfare of witnesseswitness protection programme(2) without prejudice to the generality of foregoing provision, the witness protection programme shall include—(a) making necessary arrangements to protect the witness or allow him to establish a new identity;40(b) relocating the witness; (c) providing accommodation to the witness; (d) providing financial assistance to the witness;45(e) permitting persons involved in the administration of the witness protection programme to use assumed names in carrying out their duties and to have documentation supporting those assumed names; or(f) doing any other thing permitted under the witness protection programme to ensure the safety of the witness chapter v miscellaneousappeal17 any person who is aggrieved by an order passed under section 10, mayappeal against such order to the high court within thirty days from the date of order:5provided that the high court shall dispose of the appeal as expeditiously aspossible and preferably within thirty days from the date of service of notice on respondentoffences1018 whoever contravenes the provisions of sub-section (2) of section 7,sub-section (2) of section 11 and sub-section (2) of section 14, shall be punished with imprisonment of either description which may extend to two years and shall also be liable to fine which may extend upto rupees twenty thousandoverriding effect of act19 the provisions of this act shall have effect notwithstanding anythinginconsistent therewith contained in any provision of the code of criminal procedure, 1973 or any other law for the time being in force2 of 197415power of high court to make rules20 (1) every high court may, with the previous approval of the stategovernment, make rules for the purpose of enforcement of the provisions of this act in the court of the magistrate or of the judge(2) in particular and without prejudice to the generality of the provision ofsub-section (1), such rules may provide for—20(a) the manner in which and the places at which the statement ofthreatened witnesses referred to in section 12 and the schedule i and the statement of victim referred to in section 13 and the schedule ii may be recorded by using two way closed-circuit television or video link and two-way audio system;25(b) the appointment, control and making available technical staff necessaryfor installation and operation of closed-circuit television and video link system, and for screening the victim and other witnesses from accused (3) all rules made under this section shall be published in the official gazette schedule i(see section 12)1 there shall be a two-way closed-circuit television or video link and a twoway audio system established between the room from which the presiding judge functions (hereinafter called room a) and another room (hereinafter called room b)2 in room a, the presiding judge, the court master and the stenographer, the public prosecutor, the threatened witness in whose favour a protection order under section 10 has been passed and the technical personnel of the court operating the television or video link and the audio system, shall alone be present3 in room b, the accused, his pleader and the technical personnel of the court operating the television or video link and the audio system, shall alone be present4 (a) the threatened witness shall be examined by the prosecutor who is in room a directly, and he may identify the accused on the video screen but the camera in room a shall not be focused on the threatened witness and his image shall not be visible on the screen in room b(b) the said witness who is in room a shall be cross-examined by the accused or his pleader who are in room b through the two-way television or video link and the two-way audio system, subject to the procedure stated in sub-sections (1) and (2) of section 12 schedule ii(see section 13)1 there shall be a two-way closed-circuit television or video link and a twoway audio system established between the room from which the presiding judge functions (hereinafter called room a) and the other room (hereinafter called room b)2 in room a, the presiding judge, the court master and stenographer, the accused and the technical personnel operating the two-way television or video link and the two-way audio system shall be present and the camera shall not be focused on the accused except when the victim has to identify the accused3 in room b, the victim, the public prosecutor and the pleader of the accused shall be present and except as permitted under para 2, the image of the accused shall not be shown on the screen in room b4 the victim shall be examined by the prosecutor or cross-examined by the pleader of the accused directly and the image of the accused who is in room a shall not be visible on the screen in room b statement of objects and reasonsthe present judicial system has taken the witnesses completely for grantedwitnesses are summoned to the court to give evidence in serious crimes however, due to lack of security to witness and his family members they turn hostile the legislative measures to emphasis the protection of witnesses have become imminent and inevitable need of the daythe law commission of india in its 198th report has also recommended for witness identity protection and witness protection programmes in case of all serious offences wherein there is danger to witnessesthe bill, therefore, seeks to provide for protection of identity of a threatened witness in criminal cases involving serious offences to ensure effective criminal justice delivery system in the countrynew delhi;rabindra kumar jenajuly 8, 2015 financial memorandumclause 12 of the bill provides for recording of statements of threatened witnesses at the trial by using closed-circuit television or video link clause 13 provides for recording of statements of victim at the trial of serious offences by using closedcircuit television or video link clause 15 provides that every state government shall establish district witness protection authority clause 16 provides for providing accommodation and financial assistance to the witnesses the expenditure relating to the states shall be borne out of the consolidated funds of the respective states however, the expenditure in respect of union territories shall be borne out of the consolidated fund of india it is estimated that an annual recurring expenditure of rupees two hundred crore would be involved from the consolidated fund of indiaa non-recurring expenditure of rupees fifty crore is also likely to be involved———— a billto provide for protection of identity to threatened witnesses in criminal cases involving serious offences, procedure and mechanism for such protection and for matters connected therewith or incidental thereto————(shri rabindra kumar jena, mp)gmgipmrnd—2409ls(s3)—26112015 | Parliament_bills | aa276d0e-8b4d-56fa-ac17-43c1171819e1 |
bill no 101 of 2010 the scheduled tribes and other traditional forest dwellers (recognition of forest rights) amendment bill, 2010 byshri l rajagopal, mpa billto amend the scheduled tribes and other traditional forest dwellers(recognition of forest rights) act, 2006be it enacted by parliament in the sixty-first year of the republic of india as follows:—short title and commencement1 (1) this act may be called the scheduled tribes and other traditional forest dwellers (recognition of forest rights) amendment act, 2010 statement of objects and reasonsthe scheduled tribes and other traditional forest dwellers (recognition of forest rights) act, 2006 seeks to provide for forest rights and occupation of forest land by forest dwelling scheduled tribes and other traditional dwellers who have been residing there for generationsthe aim of the government and the spirit of the act is to protect the rights of all scheduled tribes, irrespective of the fact whether they are living in the forest or in any village or hamlet in and around forests not covered under scheduled areas however, in the present act, scheduled tribes living in villages and hamlets situated in the areas which are not scheduled areas have not been expressly given the same rights as the scheduled tribes living in the scheduled areas, although they are also equally entitled for forest rights as they entirely depend on forests for their livelihood they also deserve to be given their rightful share, as they have no other source of income of their own for example, in andhra pradesh, there are more than 800 villages situated in or around forests which are totally inhabited by scheduled tribes but they are not treated as forest dwelling scheduled tribes and are thereby denied of their forest rights even under the above act because these areas are not covered within the meaning of scheduled areasso, the objective of the bill is to redefine the phrase 'forest dwelling scheduled tribes'under section 2(c) of the act by amending the phrase 'forest dwelling scheduled tribes', forest rights have not only been extended to tribes living in forests of scheduled areas but also to tribes living in villages and hamlets which are situated in and around the forest areas falling in non-scheduled areasthe bill seeks to achieve the above objectivenew delhi;l rajagopaljuly 15, 2010 annexure extract from the scheduled tribes and other traditional forest dwellers (recognition of forest rights) act, 2006(act no 2 of 2007) chapter i preliminary definitions2 in this act, unless the context otherwise requires, - (a) (b) (c) ''forest dwelling scheduled tribes'' means the members or community of the scheduled tribes who primarily reside in and who depend on the forests or forest lands for bona fide livelihood needs and includes the scheduled tribes pastoralist communities; ———————— a billto amend the scheduled tribes and other traditional forest dwellers(recognition of forest rights) act, 2006————(shri l rajagopal, mp)gmgipmrnd—3589ls(s3)—18-08-2010 | Parliament_bills | f7aef42d-fcf5-54cb-a8f2-28043d4117d7 |
the national bank for financing infrastructure and development bill, 2021 —————— arrangement of clauses —————— chapter i preliminary clauses1 short title, extent and commencement 2 definitions chapter ii establishment and incorporation of institution3 establishment and incorporation of institution 4 purpose and objectives of institution 5 authorised share capitalchapter iiiboard of directors and management6 board of directors 7 management 8 delegation of powers 9 term of office and other terms and conditions of service of chairperson and otherdirectors of board10 disqualification and removal of directors from office 11 removal of chairperson and other directors in certain cases 12 vacation and resignation of office by directors 13 meetings of board 14 defects in appointment not to invalidate acts, etc 15 committees of board 16 disclosure of interest by members of board or of committees chapter iv activities of institution17 functions and powers of institution 18 prohibited business 19 related party transactions 20 performance review of institution chapter v government grants, guarantees and other concessions21 grants and contribution 22 concessional rate of government guarantee 23 hedging costs chapter vi accounts, audit and report24 disposal of profits accruing to institution, to reserve fund 25 preparation of balance-sheet and accounts clauses26 audit 27 returns and report chapter vii miscellaneous28 receivables to be held in trust 29 setting up of other development financial institution 30 officers and employees 31 power of central government to make rules 32 power of board to make regulations 33 rules and regulations to be laid before parliament 34 protection of action taken in good faith 35 sanction for enquiry, inquiry, investigation and prosecution 36 appointment of directors by institution to prevail 37 validity of loan or advance not to be questioned 38 obligations as to fidelity and secrecy 39 adjudication 40 indemnity of directors 41 bankers' books of evidence act, 1891 to apply in relation to the institution42 sections 34a and 36ad of the banking regulation act, 1949 to apply to institution 43 liquidation of institution 44 power of central government to issue directions 45 overriding effect of this act46 power to remove difficulties 47 amendment of act 2 of 1934 48 amendment of act 10 of 1949 the first schedule the second schedule the third schedulebill no 76 of 2021 the national bank for financing infrastructure and development bill, 2021 a billto establish the national bank for financing infrastructure and development to support the development of long term non-recourse infrastructure financing in india including development of the bonds and derivatives markets necessary for infrastructure financing and to carry on the business of financing infrastructure and for matters connected therewith or incidental thereto be it enacted by parliament in the seventy-second year of the republic of india as follows:— chapter i preliminary(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 act and any reference in any provision to the commencement of this act shall be construed as a reference to the coming into force of that provision5definitions2 (1) in this act, unless the context otherwise requires,—(a) "audit committee" means the audit committee of the board constituted under sub-section (1) of section 15;(b) "board" means the board of directors constituted under section 6;10(c) "bureau" means a body which the central government may notify, for the purpose of recommending candidates for appointment of managing director and deputy managing director under sub-section (1) of section 6 and for removal of a director under clause (ii) of sub-section (1) of section 11;(d) "chairperson" means the chairperson of the board appointed under clause(a) of sub-section (1) of section 6;15(e) "committee" means a committee of the board constituted under section 15; (f) "deputy managing director" means the deputy managing director appointed under clause (c) of sub-section (1) of section 6;(g) "director" includes a chairperson, managing director, deputy managing directors and other directors of the board appointed or nominated under section 6;20(h) "executive committee" means the executive committee of the board constituted under sub-section (2) of section 15;54 of 2002(i) "financial institution" shall have the meaning assigned to it under clause (m)of sub-section (1) of section 2 of the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002;25(j) "independent director" means the independent director of the board appointed under clause (f) of sub-section (1) of section 6;(k) "infrastructure" means the sectors covered by the list of infrastructure sector notified by the central government from time to time;(l) "institution" means the national bank for financing infrastructure and development established under section 3;304 of 1938(m) "insurer" shall have the meaning assigned to it under sub-section (9) of section 2 of the insurance act, 1938;(n) "managing director" means the director appointed under clause (b) of sub-section (1) of section 6;35(o) "nomination and remuneration committee" means the nomination and remuneration committee of the board constituted under sub-section (1) of section 15;(p) "notification" means a notification published in the official gazette and the expression "notify" shall be construed accordingly;4023 of 2013(q) "pension fund" shall have the meaning as assigned to it under clause (l) of sub-section (1) of section 2 of the pension fund regulatory and development authority act, 2013;(r) "prescribed" means prescribed by rules made under this act by the central government;45(s) "regulations" means regulations made by the board under this act and includes the regulations made by the reserve bank under section 29;2 of 1934(t) "reserve bank" means the reserve bank of india established under the reserve bank of india act, 1934;(u) "risk management committee" means the risk management committee of the board constituted under sub-section (1) of section 15;5(v) "schedule" means a schedule appended to this act(2) words and expressions used but not defined in this act but defined in the indian contract act, 1872, the indian partnership act, 1932, the securities contracts (regulation) act, 1956, the securities and exchange board of india act, 1992, the recovery of debts due to banks and financial institutions act, 1993, the limited liability partnership act, 2008 and the companies act, 2013, shall have the meanings respectively assigned to them in those acts109 of 1872 9 of 1932 42 of 1956 15 of 1992 51 of 1993 6 of 2009 18 of 2013 chapter ii establishment and incorporation of institution153 (1) there shall be established, for the purposes of this act, an institution to be called the national bank for financing infrastructure and development as a development financial institutionestablishment and incorporation of institution(2)the institution 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, and to contract, and shall, by the said name, sue or be sued20(3) the head office of the institution shall be in mumbai(4) the institution may establish offices, branches or agencies at any place within or outside india4 (1) the institution shall have developmental and financial objectives as set out in sub-sections (2) and (3)purposes and objectives of institution25(2) the developmental objective of the institution shall be to coordinate with thecentral and state governments, regulators, financial institutions, institutional investors and such other relevant stakeholders, in india or outside india, to facilitate building and improving the relevant institutions to support the development of long-term non-recourse infrastructure financing in india including the domestic bonds and derivatives markets30(3) the financial objective of the institution shall be to lend or invest, directly orindirectly, and seek to attract investment from private sector investors and institutional investors, in infrastructure projects located in india, or partly in india and partly outside india, with a view to foster sustainable economic development in indiaauthorised share capital355 (1) the authorised share capital of the institution shall be one hundred thousand crore rupees divided into ten thousand crores of fully paid-up shares of ten rupees each:provided that the board may increase or reduce the nominal or face value of the shares, and divide the authorised capital into such denomination as it may decide:40provided further that the board may, in consultation with the central government, increase or reduce the authorised capital subject to the shares in all cases being fully paid-up shares(2) the issued share capital of the institution shall, on such date as may be notified by the central government, stand allotted to the central government(3) shares of the institution may be held by the central government, multilateral institutions, sovereign wealth funds, pension funds, insurers, financial institutions, banks, and any such institution as may be prescribed:—provided that the central government shall hold at least twenty-six per cent of the shares of the institution at all times5(4) the board may, with the prior approval of the central government, reduce its share capital, including by way of buy-back of shares chapter iii board of directors and management6 (1) the board of directors of the institution shall consist of the following, namely:—board of directors10(a) a chairperson, to be appointed by the central government in consultation with the reserve bank;(b) a managing director, to be appointed by the board, on the recommendations of the bureau and subject to such procedure and clearances from such agencies, as may be determined by the central government;15(c) not more than three deputy managing directors, each of whom shall be appointed by the board, on the recommendations of the bureau and subject to such procedure and clearances from such agencies, as may be determined by the central government;(d) two directors, to be nominated by the central government, who shall be the officials of the central government;20(e) such number of directors not exceeding three, elected by shareholders in such manner as may be prescribed, such that a shareholder, other than the central government, holding ten per cent or more of the total issued equity share capital may nominate one director;25(f) such number of independent directors not exceeding three or one-third of the total number of directors on the board, whichever is higher, to be appointed by the board on the recommendation of the nomination and remuneration committee:30provided that if the percentage of holding of issued equity share capital with the shareholders does not permit election of three directors or until the assumption of charge by the directors elected by the shareholders, the board may at any time co-opt such number of independent directors, not exceeding three, to be appointed by the board on the recommendation of the nomination and remuneration committee, who shall hold office until the assumption of charge by the directors elected by the shareholders and an equal number of such co-opted independent directors shall retire in the order of co-option:35provided further that at least one of the directors specified in clause (e) or in clause (f) shall be a woman (2) the managing director and deputy managing directors shall be whole-time directors of the board40(3) no person who is a salaried officer or other employee of the institution shall be appointed as a director of the board except to the post of a managing director or a deputy managing director(4) the chairperson shall preside over the meetings of the board (5) the terms and conditions of induction of independent directors to the board under clause (f) of sub-section (1) shall be such as may be prescribed(6) the directors appointed under clauses (d) and (f) of sub-section (1) shall be deemed to be independent directors under the companies act, 2013, for the purpose of immunities available to independent directorsmanagement7 (1) the general superintendence, direction and management of the affairs and business of the institution shall vest in the board which shall exercise all powers and do all acts and things which may be exercised or be done by the institution(2) subject to the provisions of this act, the board in discharging its functions shall act on business principles5delegation of powers8 the board may, by general or special order, delegate to any director or committee constituted under this act or to any officer or other employee of the institution, subject to such conditions and limitations, if any, as may be specified in the order, such of its powers and functions under this act as it may deem necessary109 (1) the chairperson, managing director, deputy managing directors and otherdirectors of the board other than the directors nominated by the central government under clause (d) of sub-section (1) of section 6, shall hold office for such term, not exceeding fiveyears, and shall be eligible for re-appointment subject to an overall term not exceeding ten years:15term of office and other terms and conditions of service of chairperson and other directors of boardprovided that the managing director and deputy managing directors shall not hold office as such after they have attained the age of sixty-five years and sixty-two years, respectively20(2) notwithstanding anything contained in sub-section (1), the chairperson and directors nominated or appointed under sub-section (1) of section 6 shall hold office during the pleasure of the authority nominating or appointing them(3) the chairperson and directors nominated by the central government or shareholders and independent directors shall receive such fees and reimbursements as may be prescribed:provided that any fees and reimbursements payable under this sub-section shall not be linked with the profits of the institution25(4) the salaries and allowances payable to the managing director and deputymanaging directors shall be specified by regulations on the recommendations of the nomination and remuneration committee guided by market standards30(5) the term of office and other terms and conditions of service of, the chairperson,managing director, deputy managing directors and other directors of board other than the directors nominated by the central government under clause (d) of sub-section (1) ofsection 6, shall be such as may be prescribed(6) notwithstanding anything contained in this act, no fees shall be payable to any director who is an officer of the central government10 (1) the central government may remove from office any director who—(a) is, or at any time has been, adjudged as insolvent; or35disqualification and removal of directors from office(b) has become physically or mentally incapable of acting as a director; or (c) has been convicted of an offence which, in the opinion of the central government, involves moral turpitude; or40(d) has acquired such financial or other interest as is likely to affect prejudicially his functions as a director; or(e) has, in the opinion of the central government, so abused his position as to render his continuance in office detrimental to the public interest; or(f) has, for any reason, been removed or dismissed from the service of—(i) the government; or45(ii) any bank including the reserve bank or the state bank of india; or(iii) any public financial institution or state financial corporation, or (iv) any other corporation owned or controlled by the government(2) no such director shall be removed under clause (d) or clause (e) of sub-section (1)unless he has been given a reasonable opportunity of being heard in the matter5(3) any director who is elected or nominated as a member of parliament or of any state legislature, shall cease to be a director from the date of such election or nomination, as the case may be(4) the disqualifications or removal under this section shall not take effect—(a) for thirty days from the date of the adjudication, sentence or order; or10(b) where any appeal or petition is preferred within thirty days against the adjudication, sentence or conviction resulting in the sentence or order, until the expiry of seven days from the date on which such appeal or petition is disposed of 11 (1) notwithstanding anything contained in section 10,—15(i) the central government may, after consulting the reserve bank, remove from office the chairperson and appoint in his place another person to fill the vacancy;and other directors in certain cases(ii) the board may, after consulting the bureau, remove from office any director appointed under clause (b) or clause (c) or clause (f) of sub-section (1) of section 6 and appoint in his place another person to fill the vacancy;20(iii) the shareholders, other than the central government, may, by a resolution passed by majority, of the votes of such shareholders holding in the aggregate not less than one-half of the share capital held by all such shareholders, remove any director elected under clause (e) of sub-section (1) of section 6 and elect in his place another person to fill the vacancy:25provided that no person shall be removed from office under this sub-section unless such person has been given an opportunity of showing cause against such removal30(2) notwithstanding anything contained in sub-section (1), the central government shall, in consultation with the reserve bank, have the right to terminate the term of office of the chairperson, managing director, deputy managing directors or directors, as the case may be, at any time before the expiry of the term prescribed under sub-section (5) of section 9, by giving notice of not less than three months in writing or three months' salary and allowances in lieu of such notice12 (1) if a director—vacation and resignation of office by directors35(a) becomes subject to any of the disqualifications mentioned in section 10 or is removed under section 11; or(b) is absent without leave of the board for three or more consecutive meetings thereof, his seat shall thereupon become vacant40(2) any director may resign his office by giving notice thereof in writing to the board and on such resignation being accepted by the board, or, if such resignation is not accepted sooner, on the expiry of three months from the receipt thereof by board, such director shall be deemed to have vacated his officemeetings of board4513 (1) the board shall meet at such times and places and shall observe such rules of procedure in regard to the transaction of business at its meetings, as may be specified by the regulations(2) a meeting of the board shall be held at least once in every calendar quarter and at least four such meetings shall be held every year5(3) the chairperson of the board, or, if for any reason he is unable to attend any meeting, the managing director, or, in the event of both the chairperson and the managing director being unable to attend a meeting, any other director nominated by the chairperson in this behalf and in the absence of such nomination, any director elected by the directors present from among themselves at the meeting, shall preside at the meeting of the board10(4) all questions which come up before any meeting of the board shall be decided by a majority of votes of the directors present and voting, and in the event of an equality of votes, the chairperson, or, in his absence, the person presiding, shall have a second or casting vote(5) save as provided in sub-section (4), every director shall have one vote1514 (1) no act or proceeding of the board or of any of its committee shall be questioned on the ground merely of the existence of any vacancy in, or defect in the constitution of, the board or the committee, as the case may bedefects in appointment not to invalidate acts, etc(2) no act done by any person acting in good faith as a director of the board or as a member of its committee shall become invalid merely on the ground that he was disqualified to be a director or that there was any other defect in his appointmentcommittees of board2015 (1) the board shall constitute a nomination and remuneration committee, a risk management committee and an audit committee, each consisting of a minimum of three directors with independent directors forming a majority(2) the board shall constitute an executive committee consisting of such number of directors as it may consider necessary25(3) the chairperson of the institution shall not be a member of the executive committee and after the first year not be chairperson of audit committee or the nomination and remuneration committee(4) the board may constitute such other committees as it may deem fit (5) the executive committee or any other committees constituted under this section shall meet at such times and places, observe such rules of procedure in regard to transaction of business at its meetings and shall perform such functions, as may be specified by regulations30disclosure of interest by members of board or of committees3516 (1) every director shall at the first meeting of the board in which he participates as a director and thereafter at the first meeting of the board in every financial year, or whenever there is any change in the disclosures already made, then at the first board meeting held after such change, disclose his concern or interest in any body corporate, which shall include shareholding, in such manner as may be prescribed(2) every director who is in any way, whether directly or indirectly, concerned or interested in a contract or arrangement or proposed contract or arrangement entered into or to be entered into by the institution—40(a) with a body corporate in which such director or such director in association with any other director, holds more than two per cent shareholding of that body corporate, or is a promoter, manager, chief executive officer or trustee of that body corporate; or(b) with a firm or other entity in which such director is a partner, owner ormember, as the case may be,45shall not participate in any meeting of the board or of its committee in which such contract or arrangement is deliberated upon, or in any other deliberations or discussions regarding such contract or arrangement, and shall, in the case of such deliberations in a meeting of the board or its committee, disclose the nature of his concern or interest to the board or the committee, as the case may be:—5provided that where any director who is not so concerned or interested at the time of entering into such contract or arrangement, shall, if he becomes concerned or interested after the contract or arrangement is entered into, disclose his concern or interest forthwith when he becomes concerned or interested, or at the first meeting of the board held after he becomes so concerned or interested(3) a contract or arrangement entered into by the institution without disclosure under sub-section (2) or with participation by a director who is concerned or interested in any way, whether directly or indirectly, in such contract or arrangement, shall be voidable at the option of the institution10(4) such employees as the board may specify as constituting the senior management of the institution shall make disclosures to the board relating to all material, financial and commercial transactions, in which they have personal interest that may have a potential conflict with the interest of the institution, and the board shall formulate a policy on such transactions, including any materiality threshold therefor, and shall review such policy at least once every three years15explanation—for the purposes of this sub-section, conflict of interest relates to dealing in the shares of the institution or any of its subsidiaries or associate companies, commercial dealings with bodies in which the senior management individual or his relatives have shareholding, etc20(5) if an individual who is a director contravenes the provisions of sub-section (1) or sub-section (2), or an employee referred to in sub-section (4) contravenes such provisions, such an individual or employee shall be liable to pay penalty of a sum of up to one lakh rupees25(6) without prejudice to anything contained in sub-section (5), it shall be open to the institution to proceed against a director or any other employee who had entered into such contract or arrangement in contravention of the provisions of this section for recovery of any loss sustained by it as a result of such contract or arrangement18 of 201330explanation—for the purposes of this section and section 19, the expression"body corporate" shall include a company, a body corporate as defined under clause (11) of section 2 of the companies act, 2013, a firm, a financial institution or a scheduled bank or a public sector enterprise established or constituted by or under any central act or state act, and any other incorporated association of persons or body of individuals chapter iv activities of institution3517 (1) the institution shall perform the following functions and exercise the following powers, namely:—functions and powers of institution40(i) form subsidiaries or joint ventures or branches, in india or outside india, forcarrying out its functions; and enter into any arrangement with such subsidiary company or joint venture or branch including for financing any such subsidiary company or joint venture or branch or guaranteeing any of their liabilities or make any other arrangement which may seem desirable to the board;45(ii) co-ordinate its operations and the operations of various institutions engagedin the field of infrastructure finance and maintain expert staff to study problems relating to infrastructure finance and be available for consultation to the central government, the reserve bank and the other institutions engaged in the field of infrastructure finance;2 of 188250(iii) set up trusts under the indian trusts act, 1882 for establishment of fundsfor such nature as would assist in financing of infrastructure projects located in india, or partly in india and partly outside india, including real estate investment trusts and infrastructure investment trusts;(iv) support the development of a deep and liquid market for bonds, loans and derivatives for infrastructure financing including facilitating electronic and negotiated markets infrastructure, investor protection, adjudication infrastructure, etc;5(v) lend and invest in infrastructure projects located in india, or partly in indiaand partly outside india, including by underwriting credit, securitisation of its receivables, including by way of any pass through certificate or direct assignment, transfer or novation, or by means of innovative financial tools including transactions secured by receivables from project;10(vi) extend loans and advances to any company or statutory corporation or trustor any financial institution funding infrastructure, for the purposes of providing financial assistance for infrastructure projects located in india, or partly in india and partly outside india;(vii) take over or refinance existing loans extended by a lender for infrastructureprojects located in india, or partly in india and partly outside india;15(viii) transfer loans and advances granted by it, with or without the securities, totrusts, for consideration;20(ix) set aside loans or advances held by the institution and issue and sell securitiesbased upon such loans or advances so set aside in the form of debt obligations, trust certificates of beneficial interest or other instruments, by whatever name called, and act as a trustee for the holders of such securities;(x) assign securities issued to the institution;25(xi) subscribe to or purchase, underwrite, acquire, hold or sell stocks, shares,bonds, debenture stocks, debt securities, obligations and securities, commercial papers, certificates of deposit or debentures issued or guaranteed by any company or trust or registered society or co-operative society or association or the central government or any state government or any financial institution funding infrastructure, to facilitate financing of infrastructure projects in india, or partly in india and partly outside india, or to facilitate deepening of bond market for infrastructure financing;3035(xii) borrow or raise money by way of loans or otherwise both in rupees andforeign currencies or secure the payment of money by the issue and sale of debentures, debenture stock, bonds, obligations, mortgages and securities of all kinds, either perpetual or terminable and either redeemable or otherwise and charge or secure the same by trust deed, or otherwise on the undertaking of the institution including its authorised or issued capital, or upon any specific property and rights, present or future, of the institution or otherwise, howsoever;40(xiii) borrow money from the central government, scheduled banks, financialinstitutions, mutual funds, any class of persons, and from any other institution or authority or organisation notified by the central government, on such terms and conditions as may be agreed upon and accept short term loans only for managing asset liability mismatches and not for any other business purpose;(xiv) buy or sell, or enter into such other dealings in foreign exchange as may benecessary for the discharge of its functions;45(xv) issue participation certificates or debt securities, and promote and facilitatesecuritisation of loan portfolio of companies and other entities engaged in the development and financing of infrastructure and create and develop a secondary market for the securitised receivables including by way of acting as an intermediary;(xvi) lend money with or without security and make advances upon, hold intrust, issue, buy, sell or otherwise acquire or dispose of on commission or otherwise any of the securities or investments or act as agent for any of the like purpose;(xvii) lend to or invest in or acquire professional or technical services of companies operating in the infrastructure domain across the life cycle of projects;5(xviii) act as an intermediary in respect of transactions or services relating to debt securities issued by infrastructure companies and financial institutions for financing infrastructure projects located in india, or partly in india and partly outside india, including by way of extension of credit enhancement facilities;(xix) take an active role in negotiations and discussions with various government authorities and stakeholders for effective dispute resolution in the field of infrastructure financing;1015(xx) apply for, receive, accept, administer and manage grants, aids, subsidies, funds or donations, etc, from national and international sources including world bank, new development bank, japan international co-operation agency, united states agency for international development, kreditanstaltfür wiederaufbau, european investment bank, asian development bank, international finance corporation and other organisations and agencies, and organise and facilitate foreign participation in infrastructure development projects;(xxi) issue guarantee, letters of comfort, or letters of credit for loans or credit arrangements made, or, debentures or bonds issued, by any financial institution funding infrastructure projects in india, or partly in india and partly outside india;20(xxii) borrow money from the reserve bank repayable on demand or on the expiry of fixed periods not exceeding ninety days from the date on which the money is so borrowed against the security of stocks, funds or securities (other than immovable property) in which a trustee is authorised to invest trust money by any law for the time being in force in india;25(xxiii) borrow money from the reserve bank against bills of exchange or promissory notes arising out of bona fide commercial or trade transactions maturing within five years from the date of the borrowing;(xxiv) convert any debt it has extended to a borrower into equity; and (xxv) any other kind of business or undertake any other kind of activity which the central government in consultation with the reserve bank may authorise30(2) in furtherance of sub-section (1), the institution, either by itself or through its subsidiaries or joint ventures or in association with others, may carry out the following functions, namely—35(a) organise and facilitate participation from the central government, public sector, private sector and institutional investors from india or overseas in infrastructure development projects located in india, or partly in india and partly outside india;40(b) provide facilities for training, for dissemination of information and the promotion of research including the undertaking of studies, researches, techno-economic and other surveys in the field of infrastructure development and it may for the said purposes make loans or advances or grants including grants by way of provision for fellowships and chairs to any institution;(c) provide technical, legal, marketing and administrative assistance to any person engaged in infrastructure development activities;45(d) provide consultancy services in the field of infrastructure development, project structuring, capital structuring or operations subsequent to commissioning and other related matters in or outside india;(e) act as trustees of any deeds constituting or securing any debentures, debenture stock, or other securities or obligation and undertake and execute any other trusts, and also undertake the office of or exercise the powers of executor, administrator, receiver, treasurer, custodian and trust corporation;5(f) acquire an undertaking including the business, assets and liabilities of any institution the principal object of which is the promotion or development of infrastructure financing for projects located in india, or partly in india and partly outside india;10(g) act as a financial intermediary for the purpose of promotion, financing and development of infrastructure projects and facilities located in india, or partly in india and partly outside india, through developing and disseminating appropriate financial instruments, negotiating loans and advances of all nature, and formulating schemes for mobilisation of resources;(h) structure proposals and negotiate agreements, with the proponents of infrastructure projects and with investors in infrastructure projects located in india, or partly in india and partly outside india;15(i) open any account in any bank in or outside india or make any agency arrangement with, or act as an agent or correspondent of, any bank or other institution in or outside india; and(j) do such other acts and things as may be incidental to, or consequential upon, the exercise of its powers or the discharge of its duties under this act or any other law for the time being in force, including sale or transfer of any of its assets20(3) the central government may, on a request being made to it by the institution, guarantee the bonds, debentures and loans issued by the institution as to the repayment of principal and the payment of interest at such rate, terms and conditions as may be agreed by the central governmentprohibited business2518 (1) the institution shall not make any loan or advance on the security of its own bonds or debentures(2) the institution shall not make loans or advances to any person or body of persons of which any of the directors of the institution is a proprietor, partner, director, employee or guarantor, or in which one or more directors of the institution hold substantial interest30(3) sub-section (2) shall not apply to any borrower if any director of the institution is nominated by the institution or the central government as director on the board of such borrower or is elected on the board of such borrower by virtue of shares held in the borrower by the institution3518 of 2013explanation— for the purpose of this section, "substantial interest" in relation to a borrower, means the beneficial interest held by one or more of the directors of the institution or by any relative of such director as defined in clause (77) of section 2 of the companies act, 2013 whether singly or taken together, in the shares of the borrower, and the aggregate amount paid-up on which either exceeds fifty lakhs rupees or two per cent of the paid-up share capital of the borrower, whichever is lesser or such other threshold as may be prescribedrelated party transactions4019 (1) except with the consent of the board and subject to such conditions as may be prescribed, the institution shall not enter into any contract or arrangement with a related party with respect to—(a) sale, purchase or supply of any goods or materials; (b) selling or otherwise disposing of, or buying, property of any kind; (c) leasing of property of any kind;45(d) availing or rendering of any services; (e) appointment of any agent for purchase or sale of goods, materials, servicesor property;(f) such related party's appointment to any office or place of profit in the institution, its subsidiaries or joint ventures or associate companies;(g) underwriting the subscription of any securities, or derivatives thereof, of the institution:5provided that no contract or arrangement involving transactions exceeding such sums as may be specified by regulations, shall be entered into except with the prior approval in the general meeting of the shareholders:provided further that no shareholder shall vote in such general meeting to approve any contract or arrangement which may be entered into by the institution, if such shareholder is a related party:10provided also that nothing in this sub-section shall apply to any transactions entered into by the institution in its ordinary course of business, other than transactions which are not on an arm's length basis:15provided also that the requirement of approval under the first proviso shall not be applicable for transactions entered into between the institution and its wholly owned subsidiary, if any, whose financial statements are consolidated with the institution and placed before the shareholders at the general meeting for adoption explanation—in this sub-section,—(a) the expression "office or place of profit" means any office or place—20(i) where such office or place is held by a director, if the director holding it receives from the institution anything by way of remuneration over and above the remuneration to which he is entitled as director, by way of salary, fee, commission, perquisites, any rent-free accommodation, or otherwise;25(ii) where such office or place is held by an individual other than a director or by any firm, private company or other body corporate, if the individual, firm, private company or body corporate holding it receives from the institution anything by way of remuneration, salary, fee, commission, perquisites, any rent-free accommodation, or otherwise;30(b) the expression "arm's length transaction" means a transaction between two related parties that is conducted as if they were unrelated, so that there is no conflict of interest (2) every contract or arrangement entered into under sub-section (1) shall be referred to in a report made by the board to the shareholders, along with the justification for entering into such contract or arrangement35 40(3) where any contract or arrangement is entered into by a director or any employee, without obtaining the consent of the board or approval by a resolution in the general meeting of the shareholders under sub-section (1) and if it is not ratified by the board or, as the case may be, by the shareholders at a meeting within three months from the date on which such contract or arrangement was entered into, such contract or arrangement shall be voidable at the option of the board or, as the case may be, of the shareholders and if the contract or arrangement is with a related party to any director, or is authorised by any other director, the directors concerned shall indemnify the institution against any loss incurred by it45(4) without prejudice to anything contained in sub-section (3), it shall be open to the institution to proceed against a director or any other employee who had entered into such contract or arrangement in contravention of the provisions of this section for recovery of any loss sustained by it as a result of such contract or arrangement(5) any director or employee of the institution who had entered into or authorised a contract or arrangement in violation of the provisions of this section, shall be liable to pay penalty of a sum of up to twenty-five lakh rupees20 (1) the performance of the institution shall, once in every five years, be reviewed by an external agency to be appointed by the central government5performance review of institution(2) the external agency shall review the performance of the institution for the last five years with respect to the purpose and objectives of the institution as set out in section 4 and shall take into account such key performance indicators as may be prescribed10(3) the external agency shall submit a report of its findings to the board which shall forward a copy thereof along with action taken, if any, pursuant to such report to the central government within a period of three months from the date of receipt of the report chapter v government grants, guarantees and other concessionsgrants and contribution1521 (1) the central government may support the institution through grants or contribution, as and when necessary, in the form of cash or marketable government securities(2) without prejudice to the generality of the foregoing , the central government shall, by the end of the first financial year from the establishment of institution, grant or contribute an amount of five thousand crore rupees to the institution in the form of cash or marketable government securities20concessional rate of government guarantee22 the government shall prescribe a concessional rate of fees, not exceeding 01 per cent at which government guarantee may be extended to the institution for borrowings from multilateral institutions, sovereign wealth funds, and such other foreign institutions as may be prescribedhedging costs2523 hedging costs in connection with any borrowing of foreign currency by the institution for the purposes of granting loans and advances or its repayment, to insulate the institution from any fluctuations in the rates of exchange, may be reimbursed by the central government in part or in full chapter vi accounts, audit and report3024 (1) the institution shall establish a reserve fund to which may be transferred such sums as the board may deem fit out of the annual profits accruing to the institution:disposal of profits accruing to institution, to reserve fundprovided that the sums to be transferred under this sub-section shall not be less than twenty per cent of the annual profits accruing to the institution35(2) after making provisions for bad and doubtful debts, depreciation of assets and for all other matters for which provision is necessary or expedient or which is usually provided for by bankers and for the reserve fund referred to in sub-section (1), and after transferring a part of the profit to such other reserves or funds as may be considered appropriate, the board may out of its net profits propose a dividend25 (1) the balance-sheet and accounts of the institution shall be prepared in suchform and manner as may be prescribed40preparation of balance-sheet and accounts(2) the board shall cause the books and accounts of the institution to be closed and balanced as on the 31st day of march each year or such other date as the board may determineaudit4518 of 201326 (1) the accounts of the institution shall be audited by auditors duly qualified toact as auditors under sub-section (1) of section 141 of the companies act, 2013, who shall beappointed by the institution in general meeting of the shareholders out of the panel ofauditors approved by the reserve bank for such term and on such remuneration as the reserve bank may fix5(2) the auditors shall be supplied with a copy of the annual balance-sheet of the institution and it shall be their duty to examine it together with the accounts and vouchers relating thereto and they shall have a list delivered to them of all books kept by the institution and shall at all reasonable times have access to the books, accounts, vouchers and other documents of the institution10(3) the auditors may, in relation to such accounts, examine any director or any officer or other employee of the institution and shall be entitled to require from the board or officers or other employees of the institution such information and explanation as they may think necessary for the performance of their duties15(4) the auditors shall make a report to the institution upon the annual balance-sheet and accounts examined by them and in every such report they shall state whether in their opinion the balance-sheet is a full and fair balance-sheet containing all necessary particulars and properly drawn up so as to exhibit a true and fair view of the state of affairs of the institution and in case they had called for any explanation or information from the board or any officer or other employee of the institution, whether it has been given and whether it is satisfactory20(5) the institution shall furnish to the central government and the reserve bank within four months from the date on which its accounts are closed and balanced, a copy of its balance-sheet and accounts together with a copy of the auditor's report and a report of the working of the institution during the relevant year, and the central government shall, as soon as may be after they are received by it, cause the same to be laid before each house of parliament25returns and report27 the institution shall furnish, from time to time, to the central government and tothe reserve bank, such returns as the central government or the reserve bank may require chapter vii miscellaneous30receivables to be held in trust28 (1) any sums received by a financial institution for refinancing from the institution shall, to the extent of the accommodation granted by the institution and remaining outstanding, be deemed to have been received by the financial institution in trust for the institution and shall accordingly be paid by such financial institution to the institution35(2) where any accommodation has been granted by the institution to a financial institution, all securities held, or which may be held, by such financial institution on account of any transaction in respect of which such accommodation has been granted, shall be held by such financial institution in trust for the institution29 (1) any person who intends to set up a development financial institution, in addition to the institution established under this act, shall make an application to the reserve bank for licencesetting up of other development financial institution40(2) the reserve bank may in consultation with the central government, grant licence subject to such criteria, terms and conditions as may be specified by the reserve bank by regulations10 of 1949 2 of 193445(3) the institution to which licence is granted under sub-section (2) shall be subject to the provisions of the reserve bank of india act, 1934 or the banking regulation act, 1949, as the case may be(4) the regulations made by the reserve bank shall apply to the institution established under this act to such extent as are not inconsistent with the provisions of this actofficers and employees30 (1) the institution may appoint such number of officers and other employees as it considers necessary or desirable for the efficient performance of its functions and determine the terms and conditions of their appointment of service5(2) the duties and conduct, terms and other conditions of service including their salaries and allowances and the establishment and maintenance of provident fund or any other fund for the benefit of the officers and other employees of the institution appointed under sub-section (1) shall be such as may be specified by regulations:10provided that the salaries and allowances payable to the officers and employees shall be determined by the nomination and remuneration committee guided by the market standards(3) the institution may depute any officer or any member of its staff for such period and on such terms and conditions as it may determine, to any other institution including an infrastructure finance or development institution15(4) the institution may receive or take on deputation any officer or other employee from any institution including an infrastructure finance or development institution, for such period and on such terms and conditions as may be specified by regulations20(5) nothing contained in this section shall empower the institution to depute any officer or member of its staff to any institution on any salary, emoluments or other terms and conditions which is or are less favourable to him than that or those to which he is entitled to immediately before such deputation31 (1) the central government may, by notification, make rules to carry out the provisions of this actpower of central government to make rules(2) in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—25(a) institutions that may hold shares of the institution under sub-section (3) ofsection 5;(b) the manner of election of directors by shareholders under clause (e) ofsub-section (1) of section 6;30(c) the terms and conditions of induction of independent directors to the boardunder sub-section (5) of section 6;(d) the fees and reimbursements in respect of independent directors under sub-section (3), and the term of office and other terms and conditions of service of, the chairperson, managing director, deputy managing directors and other directors of board under sub-section (5), of section 9;35(e) manner of disclosure of interest by members of board and of committeesunder sub-section (1) of section 16;(f) the threshold for determination of beneficial interest by directors of theinstitution or any relative of such director under the explanation to sub-section (3) ofsection 18;40(g) conditions subject to which the institution may enter into a contract or anarrangement under sub-section (1) of section 19;(h) the parameters on the basis of which the external agency shall review theperformance of the institution under sub-section (2) of section 20;(i) the rate of fees for government under section 22;45(j) the form and manner in which the balance-sheet and accounts of the institutionshall be prepared under sub-section (1) of section 25;(k) any other matter which is to be, or may be, prescribedpower of board to make regulations532 (1) the board may, with the previous approval of the central government and in consultation with the reserve bank, by notification, make regulations not inconsistent with the provisions of this act to provide for all matters for which provision is necessary or expedient for the purpose of giving effect to the provisions of this act(2) in particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:—(a) the salaries and allowances payable to the managing director and deputy managing directors under sub-section (4) of section 9;10(b) the times and places and rules of procedure in regard to the transaction of business of the board under sub-section (1) of section 13;(c) the times and places and rules of procedure in regard to the transaction of business of the committees and their functions under sub-section (5) of section 15;(d) amount for transactions under the proviso to sub-section (1) of section 19;15(e) the terms and other conditions of service of the officers and employees of the institution under sub-section (2) and the terms and conditions of deputation under sub-section (4), of section 30;20(f) the mechanism under sub-section (1) of section 39 for the purpose of determining the penalties specified under sub-section (5) of section 16 and sub-section (5)of section 19;(g) any other matter which is to be, or may be, specified by regulationsrules and regulations to be laid before parliament253033 every rule and every regulation made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or regulation or both houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulationprotection of action taken in good faith34 no suit, prosecution or other legal proceedings shall lie against the institution orits chairperson or other directors, employees or officers for anything which is done in good faith or intended to be done under this act, or the rules or the regulations made thereunder, including in respect of assets created or transferred to the institution35sanction for enquiry, inquiry, investigation and prosecution4035 (1) no investigation agency, including but not limited to police, central bureau ofinvestigation, serious fraud investigation office, directorate of enforcement and such other agencies, shall conduct any enquiry or inquiry or investigation into any offence alleged to have been committed under any law, in relation to any recommendation made or decision taken by the chairperson or other directors, employees or officers of the institution in discharge of his official functions or duties, without the previous approval of—(a) the central government, where the offence is alleged have to been committedby the chairperson or other directors; or(b) the managing director, where the offence is alleged to have been committedby an employee or officer of the institution:45provided that no such approval shall be necessary for cases involving arrest ofa person on the spot on the charge of accepting or attempting to accept any undue advantage for himself or for any other person:provided further that the central government or the managing director, as the case may be, shall convey its decision within a period of three months, and such period may, for reasons to be recorded in writing by the central government or the managing director, as the case may be, be extended by a further period of one month:5provided further that failure of central government or the managing director toconvey its decision under this section within the stipulated time period shall not be considered as deemed approval for initiation of any enquiry or inquiry or investigation49 of 198810explanation—for the purposes of this sub-section, the expression "undue advantage" shall have the meaning as assigned to it under the prevention of corruption act, 1988 (2) no court shall take cognizance of an offence punishable under any law alleged to have been committed by the chairperson or other directors, employees or officers of the institution for which a sanction to conduct any enquiry or inquiry or investigation was granted under sub-section (1), except with the previous sanction of—15| ( | a | ) the central government, where the offence is alleged to be committed by the ||-----------------------------------------|-----|---------------------------------------------------------------------------------|| chairperson or other directors; or | | || ( | b | ) of the managing director, where the offence is alleged to be committed by an || employee or officer of the institution: | | |20provided that the central government or the managing director shall, after thereceipt of the proposal requiring sanction for prosecution under this sub-section, endeavour to convey the decision on such proposal within a period of three months from the date of its receipt:25provided further that in case where, for the purpose of grant of sanction forprosecution, legal consultation is required, such period may, for the reasons to be recorded in writing, be extended by a further period of one month:provided also that failure of the central government or the managing director toconvey its decision under this sub-section within the time specified under the first proviso shall not be considered as deemed approval for the initiation of prosecution30appointment of directors by institution to prevail18 of 201335| 36 ||-------------------------------------------------------------------------------------------------|| while granting loans and advances provides for the appointment or nomination by the || institution of one or more directors of such entity, such provision and any appointment of || directors made in pursuance thereof shall be valid and effective notwithstanding anything to || the contrary contained in the companies act, 2013, or in any other law for the time being in || force or in the memorandum and articles of association or any other instrument relating to the || entity, and any provision regarding share qualification, age limit, number of directorships, || removal from office of directors and such like conditions contained in any such law or || instrument aforesaid, shall not apply to any director appointed by the institution in pursuance || of the arrangement as aforesaid |(2) any director appointed as aforesaid shall—18 of 201340(a) be deemed to be an independent director under the companies act, 2013 forthe purpose of immunities available to independent directors;(b) hold office during the pleasure of the institution and may be removed orsubstituted by any person by order in writing of the institution;45(c) not incur any obligation or liability by reason only of his being a director orfor anything done or omitted to be done in good faith in the discharge of his duties as a director or anything in relation thereto;(d) not be liable to retirement by rotation and shall not be taken into account forcomputing the number of directors liable to such retirementvalidity of loan or advance not to be questioned537 (1) notwithstanding anything to the contrary contained in any other law for thetime being in force, the validity of any loan or advance granted by the institution in pursuance of the provisions of this act shall not be called in question merely on the ground of non-compliance with the requirements of such other law as aforesaid or of any resolution, contract, memorandum, articles of association or other instrument(2) nothing in this section shall enable any company to obtain any loan or advancewhere the instrument relating to the constitution of such company does not empower such company to do so10obligations as to fidelity and secrecy38 (1) the institution shall not, except as otherwise required by this act or by anyother law, divulge any information relating to, or to the affairs of, its constituents except in circumstances in which it is, in accordance with the law or practice and usage customary among bankers, necessary or appropriate for the institution to divulge such information15(2) every director, member of a committee, auditor, officer or other employee of theinstitution or of the reserve bank, whose services are utilised by the institution under the provisions of this act, shall, before entering upon his duties, make a declaration of fidelity and secrecy in the form set out in the first scheduleadjudication39 (1) the board shall make regulations for setting up a mechanism for the purpose ofdetermining the penalties specified under sub-section (5) of section 16 and sub-section (5)of section 1920(2) the regulations shall provide for a reasonable opportunity of being heard, to thedirector or an employee against whom a complaint is made for violating the provisions of section 16 or section 19, as the case may be, and a right to prefer an appeal against any order imposing the penaltyindemnity of directors2540 (1) every director shall be indemnified by the institution against all losses andexpenses incurred by him in, or in relation to, the discharge of his duties, except such as are caused by his own wilful act or default30(2) a director shall not be responsible for any other director or for any officer or otheremployee of the institution or for any loss or expenses resulting to the institution from the insufficiency or deficiency of the value of, or title to, any property or security acquired or taken on behalf of the institution or the insolvency or wrongful act of any debtor or any person under obligation to the institution or anything done in good faith in the execution of the duties of his office or in relation thereto18 of 189141 the bankers' books evidence act, 1891, shall apply in relation to the institution as if it were a bank as defined in section 2 of that actbankers' books of evidence act, 1891 to apply in relation to the institution35 10 of 194942 the provisions of section 34a and section 36ad of the banking regulation act, 1949 shall apply to the institutionsections 34a and 36ad of the banking regulation act, 1949 to apply to institution liquidation of institution43 no provision of law relating to the winding up of companies shall apply to the institution and the institution shall not be placed in liquidation save by order of the central government and in such manner as it may direct4044 without prejudice to the foregoing provisions of this act, the institution shall, in the performance of its functions under this act, be bound by such directions on questions of policy as the central government may give in writing to it from time to timepower of central government to issue directionsoverriding effect of this act45 the provisions of this act shall have effect, notwithstanding anything inconsistent therewith contained in any other law for the time being in force or any instrument having effect by virtue of any such law5power to remove difficulties46 (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 or give such directions not inconsistent with the provisions of this act, as appears to it to be necessary or expedient for removing the difficulty:provided that no such order shall be made after the expiry of three years from the date of commencement of this act10(2) every order made under this section shall be laid, as soon as may be after it is made,before each house of parliament47 the reserve bank of india act, 1934 shall be amended in the manner specified in the second schedule1548 the banking regulation act, 1949 shall be amended in the manner specified in the third scheduleamendment of act 2 of 1934 amendment of act 10 of 1949 the first schedule [see section 38(2)] declaration of fidelity and secrecyi do hereby declare that i will faithfully, truly and to the best of my skill and ability execute and perform the duties required of me as director, auditor, officer or other employee, as the case may be, of the national bank for financing infrastructure and development and which properly relate to the office or position held by me in the said institution2 i further declare that i will not communicate or allow to be communicated to any person not legally entitled thereto any information relating to the affairs of the said institution or to the affairs of any person having any dealing with the said institution or will i allow any such person to inspect or have access to any books or documents belonging to or in the possession of the said institution and relating to the business of the said institution or the business of any person having any dealing with the said institution signed before me(signature) the second schedule (see section 47) amendments to the reserve bank of india act, 19342 of 1934amendment of section 21 in the reserve bank of india act, 1934 (hereinafter referred to as the principal act), in section 2, after clause (ccc), the following clauses shall be inserted, namely:—'(ccci) "national bank for financing infrastructure and development" means the institution established under section 3 of the national bank for financing infrastructure and development act, 2021;(cccii) "other development financial institution" means a development financial institution licensed under section 29 of the national bank for financing infrastructure and development act, 2021;' 2 in section 17 of the principal act,—amendment of section 17(a) in sub-section (4g), after the words "or the small industries bank", the words "or the national bank for financing infrastructure and development or other development financial institution" shall be inserted;(b) in sub-section (4-i), after the words "the industrial finance corporation", the words ", the national bank for financing infrastructure and development or other development financial institution" shall be inserted;(c) after sub-section (4k), the following sub-section shall be inserted, namely:—"(4l) the making to the national bank for financing infrastructure and development or other development financial institution of loans and advances—(a) repayable on demand or on the expiry of a fixed period not exceeding ninety days, from the date of such loan or advance against the security of stocks, funds and securities (other than immovable property) in which a trustee is authorised to invest trust money by any law for the time being in force in india; or(b) against the security of bills of exchange or promissory notes, arising out of bona fide commercial or trade transactions bearing two or more good signatures and maturing within five years from the date of such loan or advance;";(d) in sub-section (12b), after the words "the industrial finance corporation,", the words "the national bank for financing infrastructure and development or other development financial institution," shall be insertedamendment of section 423 in section 42 of the principal act, in sub-section (1), in the explanation, in clause (c), in sub-clause (ii), after the words "or from the small industries bank", the words "or from the national bank for financing infrastructure and development or from the other development financial institution" shall be inserted4 in section 46c of the principal act, in sub-section (2),—amendment of section 46c(a) in clause (c), after the words "or the small industries bank,", the words "or the national bank for financing infrastructure and development or the other development financial institution," shall be inserted;(b) in clause (d), after the words "or the small industries bank,", the words "or the national bank for financing infrastructure and development or the other development financial institution," shall be inserted the third schedule (see section 48) amendments to the banking regulation act, 1949amendment of section 510 of 19491 in the banking regulation act, 1949 (hereinafter referred to as the principal act), in section 5, after clause (ha), the following clauses shall be inserted, namely:—'(hb) "national bank for financing infrastructure and development" means the institution established under section 3 of the national bank for financing infrastructure and development act, 2021;(hc) "other development financial institution" means a development financial institution licensed under section 29 of the national bank for financing infrastructure and development act, 2021;'amendment of section 182 in section 18 of the principal act, in sub-section (1), in the explanation, in clause(a), in sub-clause (ii), after the words "or from the small industries bank", the words "or from the national bank for financing infrastructure and development or from the other development financial institution" shall be insertedamendment of section 34a3 in section 34a of the principal act, in sub-section (3), after the words "the smallindustries bank", the words "the national bank for financing infrastructure and development or the other development financial institution," shall be insertedamendment of section 36ad4 in section 36ad, in sub-section (3), after the words "the small industries bank", thewords ", the national bank for financing infrastructure and development or the other development financial institution," shall be inserted statement of objects and reasonsindia needs significant investments in infrastructure infrastructure financing requires long-term and non-recourse financing, which is inherently risky in nature due to higher credit costs, high risk of delay and failure of projects traditionally, banks and financial institutions in india have been an important source of financing for infrastructure sector while banks rely heavily on short-term liabilities, infrastructure financing essentially involves long-term finance consequently, exposure to long-term infrastructure financing has been a fundamental source of asset-liability mismatch on the balance-sheets of the banks which raises systemic concerns on the other hand, the indian corporate bond market is not sufficiently deep and is inadequately mature to meet india's infrastructure financing requirements in view of this, government's intervention is necessary to facilitate and to enable flow of low cost, long-term, patient capital (primarily debt) from india or abroad into greenfield infrastructure projects to foster sustainable economic development solutions for financing would be part of overall policy interventions addressing challenges to infrastructure development2therefore, it has been decided to set up a statutory institution to be called the national bank for financing infrastructure and development as the principal development financial institution and development bank for infrastructure financing its aim is to address market failures that stem from the long-term, low margin and risky nature of infrastructure financing the institution shall be wholly owned by the central government to begin with in order to foster confidence on its stability and sustainability and to raise resources at competitive rates the government will provide the institution with grants and contributions, guarantees at concessional rates for foreign borrowings and any other concessions dilution or sale of stake may be considered once the institution has achieved stability and scale in its business operations but the government would at all times hold twenty-six per cent of the paid-up voting equity share capital of the institution3the institution shall have both developmental and financial objectives among other things, this would include developing a deep and liquid bond market of international standards for long-term infrastructure financing in india including through widening of the issuer and investor base it would also facilitate the development of markets for interest rate derivatives, credit derivatives, currency derivatives and such other innovative financial instruments as may be necessary for infrastructure financing the financing objectives would involve establishing a credible framework that attracts equity investments from domestic and global institutional investors as well as debt investments, including green finance, from investors, aligned to their risk appetite and asset-liability profile, in order to cater the financing needs of indian infrastructure sector4 debt securities, including bonds and debentures, issued by the institution should be considered as eligible for the purposes such as approved investments, securities, etc, as per limits and conditions to be prescribed by indian financial regulators for their regulated entities the institution would also be empowered to lend to, or invest in, infrastructure projects located in india, or partly in india and partly outside india, prioritising systemic risk mitigation, credit enhancement, subordinate debt, debt maturities suited to project life spans and to raise long-term finance for the samethe institution may also be involved in project structuring, monitoring and monetisation of completed projects by itself or through its subsidiaries, etc, promoting innovation in financial products and services including by issuing long-term bonds with explicit or implicit sovereign guarantee, underwriting and dealer services overall, the institution shall provide a supporting, technology enabled ecosystem across the life-cycle of infrastructure projects as a provider, enabler and catalyst for sustainable infrastructure financing in india with the backing of the government the institution shall support the bond market with the aim of fostering complementarity of market raised debt with lending for infrastructure projects5 accordingly, it is proposed to bring a legislation, namely, the national bank for financing infrastructure and development bill, 2021 which seeks to provide, inter alia, for the following:—(i) to establish a statutory institution to be called the national bank for financing infrastructure and development to support the development of long-term infrastructure financing in india and to carry on the business of financing infrastructure;(ii) to enable the central government, multilateral institutions, sovereign wealth funds, and such other institutions to hold equity in the institution;(iii) to enable the institution to provide financial assistance to infrastructure projects located in india, or partly in india and partly outside india;(iv) to enable the institution to borrow or raise money by way of loans or otherwise, both in rupees and foreign currencies;(v) to provide adequate safeguards for decision making to address risk aversion;and(vi) to make provision for the establishment of other development financial institution, in addition to the institution established under the proposed legislation 6 the notes on clauses explain in detail the various provisions contained in the bill 7 the bill seeks to achieve the above objectivesnew delhi;nirmala sitharamanthe 18th march, 2021 ———— president's recommendation under article 117 of the constitution of india ————[do no 18/7/2019-if-i, dated 1232021 from smt nirmala sitharaman, minister of finance and corporate affairs to the secretary general, lok sabha]the president, having been informed of the subject matter of the proposed national bank for financing infrastructure and development bill, 2021, recommends the introduction of the bill under article 117(1) and consideration of the bill under article 117(3) of the constitution notes on clausesclause 1 of the bill provides for short title, extent and commencement of the proposed billclause 2 of the bill seeks to define the various expressions used in the bill clause 3 of the bill provides for the establishment and incorporation of an institution to be called the national bank for financing infrastructure and development as a development financial institutionclause 4 of the bill provides for the purposes and objectives of institution covering both developmental and financial objectivesclause 5 of the bill provides for the authorised share capital of institution of the institution which shall be one hundred thousand crore rupees divided into ten thousand crores of fully paid-up shares of ten rupees each it further provides that shares of the institution may be held only by the central government, multilateral institutions, sovereign wealth funds, pension funds, insurers, financial institutions, banks, etc, and the central government shall hold at least twenty-six per cent of the shares of the institution at all timesclause 6 of the bill provides for a board of directors of the institution which shall comprise of a chairperson to be appointed by the central government, a managing director and not more than three deputy managing directors to be appointed by the board, two directors to be nominated by the central government from amongst its officials, not more than three directors to be elected by shareholders and not more than three independent directors or one-third of the total number of directors on the board, whichever is higher, to be appointed by the boardclause 7 of the bill provides that the general superintendence, direction and management of the affairs and business of the institution shall vest in the board of directors of the institution and the board shall exercise all powers and do all acts and things which may be exercised or be done by the institutionclause 8 of the bill empowers the board to delegate to any director or committee constituted under this act or to any officer or other employee of the institution, such of its powers and functions under this act as it may deem necessaryclause 9 of the bill provides for the term of office and other terms and conditions of service of chairperson and other directors of the boardclause 10 of the bill provides for disqualification and removal of directors from office clause 11 of the bill provides for the removal of chairperson and other directors in certain casesclause 12 of the bill provides for the vacation and resignation of office by directors clause 13 of the bill provides that the board shall meet at such times and places and shall observe such rules of procedure in regard to the transaction of business at its meetings, as may be specified by regulations it further provides that the meeting of the board shall be held at least once in every calendar quarter, and at least four such meetings shall be held every yearclause 14 of the bill provides that no act or proceeding of the board or of any of its committee shall be questioned on the ground merely of the existence of any vacancy in, or defect in the constitution of, the board or the committee, as the case may beclause 15 of the bill provides for the board to constitute a nomination and remuneration committee, a risk management committee, and an audit committee and such other committees as it may consider necessaryclause 16 of the bill provides that every director shall at the first meeting of the board in which he participates as a director and thereafter at the first meeting of the board in every financial year, or whenever there is any change in the disclosures already made, then at the first board meeting held after such change, disclose his concern or interest in any body corporate, which shall include shareholding, in such manner as may be provided by rules made by the central government it further provides for penalty for contravention of the provisions of the said clauseclause 17 of the bill specifies the functions and powers of the institution which, inter alia, includes the development of a deep and liquid market for bonds and derivatives;lend, invest in infrastructure projects located in india, or partly in india; extend loans and advances for funding infrastructure; take over or refinance existing loans; transfer loans and advances granted by it; subscribe to or purchase, underwrite, acquire, hold or sell stocks, shares, bonds, debenture stocks, debt securities; borrow or raise money, etcclause 18 of the bill prohibits the institution from certain business which, inter alia, includes any loan or advance on the security of its own bonds or debentures, to any person or body of persons of which any of the directors of the institution is a proprietor, partner, director, employee or guarantor, or in which one or more directors of the institution hold substantial interestclause 19 of the bill prohibits the institution from entering into any contract or arrangement with a related party with respect to certain transaction specified thereinclause 20 of the bill provides for performance review of the institution by an external agency every five years on certain key performance indicatorsclause 21 of the bill provides that the central government may support the institution through grants or contribution, as and when necessary, in the form of cash or marketable government securities it further provides that the central government shall, by the end of the first financial year from the establishment of institution, grant or contribute an amount of five thousand crore rupees to the institution in the form of cash or marketable government securitiesclause 22 of the bill provides that the government shall prescribe a concessional rate of fees, not exceeding 01 per cent at which government guarantee may be extended to the institution for borrowings from multilateral institutions, sovereign wealth funds, and such other foreign institutions as may be provided by rules made by the central governmentclause 23 of the bill provides that hedging costs in connection with any borrowing of foreign currency by the institution for the purposes of granting loans and advances or its repayment, to insulate the institution from any fluctuations in the rates of exchange, may be reimbursed by the central government in part or in fullclause 24 of the bill provides for the establishment of a reserve fund to which such sums may be transferred as the board may deem fit out of the annual profits which shall not be less than twenty per cent of the annual profits accruing to the institutionclause 25 of the bill provides for the preparation of balance-sheet and accounts it further seeks to provide that the board shall cause the books and accounts of the institution to be closed and balanced as on the 31st day of march each year or such other date as the board may determineclause 26 of the bill provides that the accounts of the institution shall be audited by auditors duly qualified to act as auditors under sub-section (1) of section 141 of the companies act, 2013, who shall be appointed by the institution out of the panel of auditors approved by the reserve bank for such term and on such remuneration as the reserve bank may fixclause 27 of the bill provides that the institution shall furnish, from time to time, to the central government and to the reserve bank, such returns as the central government or the reserve bank may requireclause 28 of the bill provides that any sums received by a financial institution for refinancing from the institution shall, to the extent of the accommodation granted by the institution and remaining outstanding, be deemed to have been received by the financial institution in trust for the institution and shall accordingly be paid by such financial institution to the institution it further provides that where any accommodation has been granted by the institution to a financial institution, all securities held, or which may be held, by such financial institution on account of any transaction in respect of which such accommodation has been granted, shall be held by such financial institution in trust for the institutionclause 29 of the bill provides that any person who intends to set up a development financial institution, in addition to the institution established under this act, shall make an application to the reserve bank for licence and the reserve bank may in consultation with the central government, grant licence subject to such criteria, terms and conditions as may be specified by the reserve bank by regulationsclause 30 of the bill provides that the institution may appoint such number of officers and other employees as it considers necessary or desirable for the efficient performance of its functions and determine the terms and conditions of their appointment of serviceclause 31 of the bill empowers the central government to make rules to carry out the provisions of the bill sub-clause (2) of the said clause specifies the matters in respect of which such rules may be made by the central governmentclause 32 of the bill empowers the board, with the previous approval of the central government and in consultation with the reserve bank, to make regulations for the purpose of giving effect to the provisions of the bill sub-clause (2) of the said clause specifies the matters in respect of which such regulations may be made by the boardclause 33 of the bill provides for the laying of the rules and regulations before each house of parliamentclause 34 of the bill provides for the protection of action taken in good faith by the institution or its chairperson or other directors, employees or officersclause 35 of the bill provides that no investigation agency, including but not limited to police, central bureau of investigation, serious fraud investigation office, directorate of enforcement and such other agencies, shall conduct any enquiry or inquiry or investigation into any offence alleged to have been committed under any law, in relation to any recommendation made or decision taken by the chairperson or other directors, employees or officers of the institution in discharge of his official functions or duties, without the previous approval of the competent authority specified thereinclause 36 of the bill provides that where any arrangement entered into by the institution with a borrowing entity while granting loans and advances provides for the appointment or nomination by the institution of one or more directors of such entity, such provision and any appointment of directors made in pursuance thereof shall be valid and effective notwithstanding anything to the contrary contained in the companies act, 2013, or in any other law for the time being in force or in the memorandum and articles of association or any other instrument relating to the entity, and any provision regarding share qualification, age limit, number of directorships, removal from office of directors and such like conditions contained in any such law or instrument aforesaid, shall not apply to any director appointed by the institution in pursuance of the arrangement as aforesaidclause 37 of the bill provides that notwithstanding anything to the contrary contained in any other law for the time being in force, the validity of any loan or advance granted by the institution in pursuance of the provisions of the bill shall not be called in question merely on the ground of non-compliance with the requirements of such other law as aforesaid or of any resolution, contract, memorandum, articles of association or other instrumentclause 38 of the bill provides for obligations as to fidelity and secrecy by the institutionit further provides that every director, member of a committee, auditor, officer or other employee of the institution or of the reserve bank, whose services are utilised by the institution under the provisions of the bill, shall, before entering upon his duties, make a declaration of fidelity and secrecy in the form set out in the first schedule to the billclause 39 of the bill provides for the board to make regulations for setting up a mechanism for the purpose of determining the penalties specified under sub-clause (5) of clause 16 and sub- clause (5) of clause 19clause 40 of the bill provides that every director shall be indemnified by the institution against all losses and expenses incurred by him in, or in relation to, the discharge of his duties, except such as are caused by his own wilful act or defaultclause 41 of the bill provides that the bankers' books evidence act, 1891, shall apply in relation to the institution as if it were a bank as defined in section 2 of that actclause 42 of the bill provides that the provisions of section 34a and section 36ad of the banking regulation act, 1949 shall apply to the institutionclause 43 of the bill provides that no provision of law relating to the winding up of companies shall apply to the institution and the institution shall not be placed in liquidation save by order of the central government and in such manner as it may directclause 44 of the bill empowers the central government to issue directions to the institution and the institution shall be bound by such directionsclause 45 of the bill provides 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 any instrument having effect by virtue of any such lawclause 46 of the bill empowers 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 difficultyclause 47 of the bill seeks to amend the reserve bank of india act, 1934 in the manner specified in the second schedule of the bill clause 48 of the bill seeks to amend the banking regulation act, 1949 in the manner specified in the third schedule of the bill financial memorandumsub-clause (1) of clause 3 of the bill provides for the establishment of an institution to be called the national bank for financing infrastructure and development as a development financial institution2 sub-clause (1) of clause 5 of the bill provides that the authorised share capital of the institution shall be one hundred thousand crore rupees divided into ten thousand crores of fully paid-up shares of ten rupees each sub-clause (2) of the said clause provides that the issued share capital of the institution shall, on such date as may be notified by the central government, stand allotted to the central government the first proviso to sub-clause (3) of the said clause provides that the central government shall hold at least twenty-six per cent of the shares of the institution at all times sub-clause (4) of the said clause provides that the board may, with the prior approval of the central government, reduce its share capital, including by way of buy-back of shares3 sub-clause (3) of clause 17 of the bill provides that the central government may, on a request being made to it by the institution, guarantee the bonds, debentures and loans issued by the institution as to the repayment of principal and the payment of interest at such rate, terms and conditions as may be agreed by the central government4 sub-clause (1) of clause 21 of the bill provides that the central government may support the institution through grants or contribution, as and when necessary, in the form of cash or marketable government securities sub-clause (2) of the said clause 21 provides that the central government shall, by the end of the first financial year from the establishment of institution, grant or contribute an amount of five thousand crore rupees to the institution in the form of cash or marketable government securities5 clause 22 of the bill provides that the government shall prescribe a concessional rate of fees, not exceeding 01 per cent at which government guarantee may be extended to the institution for borrowings from multilateral institutions, sovereign wealth funds, and such other foreign institutions as may be specified by rules made by the central government6 clause 23 of the bill provides that the hedging costs in connection with any borrowing of foreign currency by the institution for the purposes of granting loans and advances or its repayment, to insulate the institution from any fluctuations in the rates of exchange, may be reimbursed by the central government in part or in full7 at present, it is not possible to estimate such recurring and non-recurring expenditures for the purposes specified in paragraphs 3, 5 and 6 above8 the bill, if enacted and brought into operation, would not involve any other expenditure of a recurring or non-recurring nature other than that mentioned in the preceding paragraph memorandum regarding delegated legislationclause 31 of the bill 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) institutions that may hold shares of the institution under sub-clause (3) of clause 5; (b) the manner of election of directors by shareholders under sub-clause (1) (e) of clause 6; (c) the terms and conditions of induction of independent directors to the board under sub-clause (5) of clause 6; (d) the fees and reimbursements in respect of independent directors under sub-clause (3), and the term of office and other terms and conditions of service of, the chairperson, managing director, deputy managing director and other directors of board under sub-clause (5), of clause 9; (e) manner of disclosure of interest by members of board and of committees under sub-clause (1) of clause 16; (f) the threshold for determination of beneficial interest by directors of the institution or any relative of such director under the explanation to sub-clause (3) of clause 18; (g) conditions subject to which the institution may enter into a contract or an arrangement under sub-clause (1) of clause 19; (h) the parameters on the basis of which the external agency shall review the performance of the institution under sub-clause (2) of clause 20; (i) the rate of fees for government under clause22; (j) the form and manner in which the balance-sheet and accounts of the institution shall be prepared under sub-clause (1) of clause 25; (k) any other matter which is required to be, or may be, provided by rules by the central government under the provisions of the bill2 clause 32 of the bill empowers the board, with the previous approval of the central government and in consultation with the reserve bank, to make regulations for giving effect to the provisions of the bill these matters include (a) the salaries and allowances payable to the managing director and deputy managing directors under sub-clause (4) of clause 9; (b) the times and places and rules of procedure in regard to the transaction of business of the board under sub-clause (1) of clause 13; (c) the times and places and rules of procedure in regard to the transaction of business of the committees and their functions under sub-clause (5) of clause 15; (d) amount for transactions under the proviso to subclause (1) of clause 19; (e) the terms and other conditions of service of the officers and employees of the institution under sub-clause (2) and the terms and conditions of deputation under sub-clause (4), of clause 30; (f) the mechanism under sub-clause (1) of clause 39 for the purpose of determining the penalties specified under sub-clause (5) of clause 16 and subclause (5) of clause 19; (g) any other matter which is to be, or may be, specified by regulations3 sub-clause (2) of clause 29 of the bill empowers the reserve bank of india, in consultation with the central government, to make regulations to provide for the criteria, terms and conditions for the grant of licence under the said clause4 the matters in respect of which rules and 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 annexure extracts from the reserve bank of india act, 1934 (2 of 1934) 17 the bank shall be authorised to carry on and transact the several kinds of business hereinafter specified, namely:—business which the bank may transact (4g) the making of loans and advances to, and the purchasing of bonds and debentures of, the exim bank or the reconstruction bank or the small industries bank out of the national industrial credit (long term operations) fund established under section 46c; [10] m c(4-i) the making to scheduled banks, the exim bank the reconstruction bank or the small industries bank the industrial finance corporation and any other financial institution as may, on the recommendation of the bank, be approved in this behalf by the central government of loans and advances repayable on demand or otherwise and against such security and on such other terms and conditions as may be approved in this behalf by the central board for the purpose of enabling such banks, or financial institution, as the case may be, to purchase foreign exchange from the bank for the purpose of financing the import of capital goods or for such other purposes as may be approved by the central government; [10] m c(12b) the making of loans and advances in foreign currencies to scheduled banks, the exim bank, or the reconstruction bank or the small industries bank the industrial finance corporation, any state financial corporation and any other financial institution as may, on the recommendation of the bank, be approved by the central government and on such terms and conditions as may be specified by the central board in this behalf, against promissory notes of such bank or financial institution, as the case may be:provided that the borrowing bank or financial institution, as the case may be, furnishes a declaration in writing to the effect that—(a) it has made loans and advances in foreign currencies for financing international trade or for the import of capital goods or for such other purposes as may be approved by the central government; and(b) that the amount of loans or advances so made and outstanding at any time will not be less than the outstanding amount of the loans or advances obtained by it from the bank; cash reserves of scheduled banks to be kept with the bank42 (1) every bank included in second schedule shall maintain with the bank an average daily balance the amount of which shall not be less than such per cent of the total of the demand and time liabilities in india of such bank as shown in the return referred to in sub-section (2), as the bank may from time to time, having regard to the needs of securing the monetary stability in the country, notify in the gazette of indiaexplanation— for the purposes of this section,— (c) "liabilities" shall not include—| | | | | ||------|------|------|------|-----|(ii) the amount of any loan taken from the bank or from the exim bank or from the reconstruction bank or from the national housing bank or from the national bank or from the small industries bank; 46c (1) (2) the amount in the said fund shall be applied by the bank only to the following objects, namely:—national industrial credit (long term operations) fund| | | | | ||------|------|------|------|-----|(c) the making to the exim bank or the reconstruction bank or the small industries bank, as the case may be of loans and advances for the purposes of any business of the exim bank or the reconstruction bank or the small industries bank, as the case may be;(d) the purchasing of bonds and debentures issued by the exim bank or the reconstruction bank or the small industries bank, as the case may be ———— extracts from the banking regulation act, 1949 (10 of 1949)| ||---------------|| cash reserve || 26 of 1881 |18 (1) every banking company, not being a scheduled bank, shall maintain in india on a daily basis by way of cash reserve with itself or by way of balance in a current account with the reserve bank, or by way of net balance in current accounts or in one or more of the aforesaid ways, a sum equivalent to such per cent of the total of its demand and time liabilities in india as on the last friday of the second preceding fortnight as the reserve bank may specify, by notification in the official gazette, from time to time, having regard to the needs of securing the monetary stability in the country and shall submit to the reserve bank before the twentieth day of every month a return showing the amount so held on alternate fridays during a month with particulars of its demand and time liabilities in india on such fridays or if any such friday is a public holiday under the negotiable instruments act, 1881, at the close of business on the preceding working dayexplanation—in this section, and in section 24,—(a) "liabilities in india" shall not include— (ii) any advance taken from the reserve bank or from the exim bank or from the reconstruction bank or from the national housing bank or from the national bank, or from the small industries bank, by the banking company; 34a (1) protection of documents of confidential nature(3) for the purposes of this section "banking company" includes the reserve bank, the exim bank, the reconstruction bank, the national housing bank, the national bank, the small industries bank, the state bank of india, a corresponding new bank, a regional rural bank and a subsidiary bank part iib prohibition of certain activities in relation to banking companies36ad (1) punishments for certain activities in relation to banking companies(3) for the purposes of this section "banking company" includes the reserve bank, the exim bank, the reconstruction bank, the national housing bank, the national bank, the small industries bank, the state bank of india, a corresponding new bank, a regional rural bank and a subsidiary bank ———— a billto establish the national bank for financing infrastructure and development to support thedevelopment of long term non-recourse infrastructure financing in india including development of the bonds and derivatives markets necessary for infrastructure financing and to carry on the business of financing infrastructure and for matters connected therewith or incidental thereto————(shrimati nirmala sitharaman, minister of finance and corporate affairs)mgipmrnd—1688ls—18-03-2021 | Parliament_bills | e1aaaf0d-65ee-5330-98d6-e4ca0c5516e3 |
bill no 54 of 2010 the national accreditation regulatory authority for higher educational institutions bill, 2010———— arrangement of clauses———— chapter i preliminary clauses1short title, extent and commencement2application of act3definitions chapter ii obligation for accreditation of higher educational institutions and programmes conducted therein4accreditation to be mandatory chapter iii national accreditation regulatory authority for higher educational institutions5establishment of national accreditation regulatory authority for higher educational institutions6composition of authority7qualification for appointment as chairperson or other member8selection committee9term of office, salaries and allowances of chairperson and other members10removal and suspension of chairperson and other members11prohibition as to holding of office by chairperson or other member on ceasing to be such chairperson or members12member not to participate in meetings in certain cases13vacancies, etc, not to invalidate proceedings of authority14resignation15staff of authority chapter iv powers and functions of authority16powers and functions of authority17power of authority to engage experts18power of audit and inspection by authority chapter v registration of accreditation agencies19registration of accreditation agency20application for registration clauses 21 eligibility for registration as an accreditation agency22procedure for grant of certificate23grant of certificate of registration24renewal of certificate of registration25accreditation agency not to do certain things26amendment to certificate of registration27suspension or revocation of certificate of registration28appeal against any order of authority chaper vi duties and obligations of accreditation agencies29duties and obligations of accreditation agencies30procedure of accreditation by accreditation agency31application to authority on accreditation by accreditation agency chapter vii finance, accounts and audit32grants by central government33national accreditation regulatory authority for higher education institutions fund34accounts and audit of authority35annual report of authority chapter viii offences and penalties36compensation to affected higher educational institution37penalty in case of contravention38penalty for obstructing or impersonating an officer of authority39punishment for contravening the provision of section 1940punishment for false information41general provisions relating to offences and fine42offences by companies43offences by society, trust and institutions44cognizance of offences45adjudication of penalty chapter ix miscellaneous46power to call for information47returns and reports by accreditation agencies48power of central government to issue directions49power to exempt50power of central government to supersede authority51bar of jurisdiction52members and staff of authority to be public servants53protection of action taken in good faith clauses54act to have overriding effect55application of other laws not barred56power of central government to make rules57power of authority to make regulations58laying of rules, regulations and notification59power to remove difficulties bill no 54 of 2010 the national accreditation regulatory authority for higher educational institutions bill, 2010 abillto make provisions for assessment of academic quality of higher educational institutions, programmes conducted therein and their infrastructure through mandatory accreditation by independent accreditation agencies and to establish a statutory authority for the said purpose and to provide for matters connected therewith or incidental thereto be it enacted by parliament in the sixty-first year of the republic of india as follows:— chapter i preliminary1 (1) this act may be called the national accreditation regulatory authority for higher educational institutions act, 2010short 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, appointapplication of act2 this act shall apply to all higher educational institutions other than the higher educational institutions engaged mainly in agricultural education and research and the programmes of study conducted thereindefinitions3 (1) in this act, unless the context otherwise requires,—(a) "academic quality" means the quality of teaching, learning and research and consequently their contribution to enhancement of knowledge and includes physical infrastructure, human resources (including faculty), administration, course curricula, admission and assessment procedures, governance structures, of the higher educational institution;(b) "accreditation" with its grammatical variations means the process of quality control in higher education, whereby, as a result of evaluation or assessment or by any other scientific method followed by accreditation agencies, a higher educational institution or any programme conducted therein is recognised by it as conforming to parameters of academic quality and benchmarking of such academic quality determined by the appropriate statutory regulatory authority;(c) "accreditation agency" means an agency registered under section 23; (d) "appropriate statutory regulatory authority" means any regulatory authority established under any law for the time being in force, for co-ordinating or determining or maintaining the standards of higher education;(e) "authority" means the national accreditation regulatory authority for higher educational institutions established under section 5;(f) "certificate of registration" means the certificate of registration of an accreditation agency granted under section 23;(g) "chairperson" means the chairperson of the authority appointed under section 6 of this act;(h) "code of ethics" includes integrity, objectivity, professional competence, professional conduct, avoidance of conflict of interest, transparency and information disclosure and such other ethical principles as may be specified by regulations;(i) "college" means any institution, whether known as such or by any other name which provides for a course of study for obtaining any qualification from a university and which, in accordance with the rules and regulations of such university, is recognised as competent to provide for such course of study and present students undergoing such course of study for the examination for the award of such qualification;3 of 1956(j) "degree" means any such degree, as may, with the previous approval of the central government, be specified in this behalf by the university grants commission, by notification in the official gazette, under section 22 of the university grants commission act, 1956;(k) "diploma" means such award, not being a degree, granted by a higher educational institution certifying that the recipient has successfully completed a course of study of not less than nine months duration;50 of 1985(l) "distance education system" means the distance education system as defined in clause (e) of section (2) of the indira gandhi national open university act, 1985;(m) "higher educational institution" means an institution of learning including a university, an institution deemed to be university, a college, an institute, an institution of national importance declared as such by an act of parliament, or a constituent unit of such institution, which is imparting (whether through conduct of regular classes or distance education system) higher education beyond twelve years of schooling leading to the award of a degree or diploma;3 of 1956(n) "institution deemed to be university" means an institution declared by the central government as deemed to be a university under section 3 of the university grants commission act, 1956;(o) "member" means member of the authority appointed under of section 6and includes the chairperson;1 of 1956(p) "memorandum of association" means, in case of a company, such memorandum as defined under sub-section (28) of section 2 of the companies act,1956, or in case of a society, such memorandum as specified under section 2 of the societies registration act, 1860;21 of 1860(q) "national educational tribunal" means the national educational tribunal established under the educational tribunals act, 2010;1 of 1956 21 of 1860 2 of 1882(r) "non profit organisation" means an organisation being a company registered under section 25 of the companies act, 1956 or a society formed and registered under the societies registration act, 1860 or a trust formed under the indian trusts act, 1882 or any other law for the time being in force, which—(i) undertakes any venture, profession, vocation or business without profit motive or gainful objective;(ii) applies its surplus or other income in promoting its objects; (iii) prohibits payment of any of its surplus or other income to its members, except by way of salaries or allowances payable for services rendered for carrying out such venture, profession, vocation or business; (s) "notification" means a notification published in the official gazette and the expression "notify" with its cognate meanings and grammatical variation shall be construed accordingly;(t) "programme" means a course or programme of study leading to the award of a degree or a diploma in a higher educational institution;(u) "prescribed" means prescribed by rules made by the central government under this act;(v) "regulations" means regulations made by the authority under this act; (w) "state educational tribunal" means a state educational tribunal established under the educational tribunals act, 2010;(x) "university" means a university established or incorporated by or under a central act, a provincial act or a state act, and includes an institution deemed to be university;(y) "vice chancellor" means the chief executive of a university, by whatever name called, and includes a head of an institutions of national importance declared as such by an act of parliament3 of 1956(2) words and expressions used and not defined in this act but defined in the university grants commission act, 1956 and not inconsistent with this act shall have the meanings respectively assigned to them in that act chapter ii obligation for accreditation of higher educational institutions and programmes conducted thereinaccreditation to be mandatory4 every higher educational institution and every programme conducted therein shall be accredited in accordance with the provisions of this act and the rules and regulations made thereunder and assessment of such accreditation shall be made before such institution starts the process of admission to such programme:provided that a higher educational institution, (other than a higher educational institution engaged mainly in medical education) existing before the commencement of this act, shall, within a period of three years from the date of such commencement, make an application to an accreditation agency for accreditation of such institution or programme conducted therein under this act:provided further that a higher educational institution engaged mainly in medical education and existing before the commencement of this act, shall, within a period of five years from the date of such commencement, make an application to an accreditation agency for accreditation of such institution or programme conducted therein under this act:provided also that the accreditation agency, to whom such application for accreditation has been made by such higher educational institution, shall, within a period of one hundred and eighty days from the date of such application, undertake and complete accreditation under this act:provided also that the higher educational institution which has been accredited before the commencement of this act by an agency setup by or under any law for the time being in force, shall be deemed to be accredited under this act for the period of accreditation by such agency:provided also that in case the higher educational institutions referred to in the first or second proviso fails, to, make an application for accreditation or obtain accreditation of such institution or programme conducted therein, within the specified period, such institution shall, without prejudice to any action that may be initiated by the appropriate statutory regulatory authority or proceedings under any law for the time being in force be liable for penalty under section 41 of this act chapter iii national accreditation regulatory authority for higher educational institutions5 (1) the central government shall, by notification, establish, for the purposes of this act, an authority to be known as "the national accreditation regulatory authority for higher educational institutions"establishment of national accreditation regulatory authority for higher educational institutions(2) the authority shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power, subject to the provisions of this act, to acquire, hold and dispose of property, both movable and immovable, and to contract, and shall, by the said name, sue or be sued(3)the head office of the authority shall be at new delhicomposition of authority6 the authority shall consist of a chairperson and four other members, of whom at least one shall be woman, to be appointed by the central government7 (1) a person shall be qualified to be appointed as the chairperson, if such person—(a) is not less than fifty-five years of age;qualification for appointment as chairperson or other member(b) is of ability, integrity and standing, and has adequate knowledge and experience of at least twenty-five years in dealing with matters relating to higher education and research;(c) is, or has been, a vice chancellor of any university, or a head of an institution of national importance (2) a person shall be qualified to be appointed as a member, if such person—(a) is not less than fifty-five years of age; (b) is of ability, integrity and standing, and has adequate knowledge and experience of at least twenty-five years in higher education and research or legal matters (3) out of the four members referred to in section 6, one each shall be chosen from amongst—(a) professors in the field of medical education in any university or an institution of national importance;(b) professors in the field of science or technology in any university or an institution of national importance;(c) professors in the field of social sciences or humanities in any university or an institution of national importance;(d) persons having knowledge and experience in legal mattersselection committee8 (1) the chairperson and other members of the authority shall be appointed by the central government from a panel of names recommended by a selection committee consisting of—(a) cabinet secretary chairperson; (b) secretary in charge of higher education in the ministry of human resource development of the government of indiamember;(c) an expert in the field of medical education member; (d) an expert in the field of agricultural education and research member; (e) an expert in the field of legal education member; (f) chairman, university grants commission…… member(2) the secretary to the government of india dealing with the higher education shall be the convenor of the meetings of the selection committee(3) the experts in the fields specified in clauses (c) to (e) of sub-section (1) shall be nominated, in such manner as may be prescribed, by the central government(4) the term of the selection committee and the manner of selection of panel of names shall be such as may be prescribed(5) no appointment of the chairperson or member of the authority shall be invalid merely by reason of any vacancy in the selection committee(6) subject to the provisions of sub-sections (1) to (5), the selection committee may regulate its own procedure9 (1) the chairperson and the other members of the authority shall hold office as such for a term of five years from the date on which he enters upon his office and shall not be eligible for re-appointment:term of office, salaries andallowances of chairperson and othermembersprovided that the chairperson or the member shall not hold office as such after he has attained the age of seventy years (2) the salaries and allowances payable to, and the other terms and conditions of service of, the chairperson and other members shall be such as may be prescribed10 (1) the central government may remove from office the chairperson or any member, who—(a) has been adjudged an insolvent; orremoval and suspension of chairperson and othermembers(b) has engaged at any time, during his term of office, in any paid employment; or(c) has been convicted of an offence which, in the opinion of the central government, involves moral turpitude; or(d) has become physically or mentally incapable of acting as such chairperson or other member; or(e) is of unsound mind and stands so declared by a competent court; or(f) has acquired such financial or other interest as is likely to affect prejudicially the exercise of his functions as such chairperson or other member; or(g) has so abused his position as to render his continuance in office prejudicial to the public interest; or(h) has been guilty of proved misbehaviour; or (i) has such other disqualifications as may be prescribed(2) notwithstanding anything in sub-section (1), the chairperson or a member shall not be removed from his office on the grounds specified in clause (f) or clause (g) or clause(h) of sub-section (1), except by an order made by the central government after an inquiry made in this behalf in which such chairperson or such member has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges(3) in the event of inquiry instituted under sub-section (2), the central government may suspend such chairperson or other member against whom inquiry has been instituted for a period not exceeding six months if it consider necessary in public interest(4) the central government may, by rules, regulate the procedure for the inquiry referred to in sub-section (2)11 on ceasing to hold office, the chairperson or other member, as the case may be, subject to the provisions of this act, shall be ineligible, for a period of five years from the date on which they cease to hold office, for further employment (including as consultant or expert or otherwise) in any higher educational institution under the central government or a state government or any private higher educational institution or in any institution whose matters had been before such chairperson or memberprohibition as to holding of office by chairperson or other member on ceasing to be such chairperson or membersmember not to participate in meetings in certain cases12 any member having any direct or indirect interest, whether pecuniary or otherwise, in any matter coming up for consideration at a meeting of the authority, shall, as soon as possible after the relevant circumstances have come to his knowledge, disclose the nature of his interest at such meeting and such disclosure shall be recorded in the proceedings of the authority, and the member shall not take any part in any deliberation or decision of the authority with respect to that matter13 no act or proceeding of the authority shall be invalid merely by reason of—(a) any vacancy in, or any defect in the constitution of, the authority; or vacancies, etc, not to invalidate proceedings of authority(b) any defect in the appointment of a person acting as a member of the authority; or| ( | c | ) any irregularity in the procedure of the authority not affecting the merits of ||----------------------------------------------------------------------------------------------|----------------------------------------------------------------------------------|-------------------------------------------------------------------------------------|| the case | | || resignation | | || 14 | the chairperson or a member of the authority may, by notice in writing under his | || hand addressed to the central government, resign his office: | | || provided that the chairperson or a member shall, unless he is permitted by the | | || central government to relinquish his office sooner, continue to hold office until the expiry | | || of three months from the date of receipt of such notice or until a person duly appointed as | | || his successor enters upon office or until the expiry of his term of office, whichever is the | | || earliest | | || staff of | | || authority | | || 15 | ( | 1 || officers and other employees required to assist the authority in the discharge of its | | || functions and provide the authority with such officers and other employees as it may think | | || fit | | || ( | 2 | ) the officers and other employees of the authority shall discharge their functions || under the general superintendence of the chairperson | | |(3) the salaries and allowances payable to, and the other terms and conditions of service of, the officers and other employees of the authority shall be such as may be prescribed chapter iv powers and functions of authoritypowers and functions of authority16 (1) the authority shall, subject to the provisions of this act and rules and regulations made thereunder and regulations made under any law for the time being in force by the appropriate statutory regulatory authority, take measures to develop and to regulate the process of accreditation of higher educational institutions and programmes conducted therein, and to monitor the functioning of accreditation agencies(2) without prejudice to the generality of the foregoing provisions, the measures referred to in sub-section (1), may, inter alia, provide for all or any of the following matters, namely:—(a) regulate accreditation agencies (registration of the accreditation agencies); (b) lay down norms and policies for assessment of academic quality in higher educational institutions or of any programme conducted therein, by accreditation agencies;(c) undertake periodical review of norms and policies referred to in clause (b); (d) undertake audit and cause to be audited the adherence to code of ethics including policies on obviating conflict of interest, disclosure of information, evolving transparency in processes and procedures of accreditation;(e) lay down policies for providing information to the public in regard to all aspects of quality and performance of higher educational institutions and programmes conducted therein (including student achievement, faculty availability and qualifications and research);(f) specify and monitor standards on selection and training of experts for the purposes of accreditation by any accreditation agency;(g) levy of fees or other charges under this act; (h) recommend for improvement of academic quality while respecting the higher educational institution's responsibility to set its priorities;(i) advise the central government or any state government or the appropriate statutory regulatory authority on any policy matter concerning accreditation which may be referred to it;(j) take measures for development of methodologies of accreditation in collaboration with accreditation agencies or universities;(k) promote research and innovation in assessment and accreditation; (l) collect, compile and disseminate information regarding accreditation of higher educational institutions and programmes conducted therein to the public including stakeholders;(m) monitor adherence to such norms, guidelines and standards of academic quality, as may be specified under any law for the time being in force by the appropriate statutory regulatory authority, in higher educational institutions;(n) perform such other functions as may be prescribed17 the authority may engage, on such fee and remuneration and for such period as may be prescribed, for discharging its functions under this act, such experts having such qualifications and experience, as may be prescribedpower of authority to engage expertspower of audit and inspection by authority18 (1) the authority may, at any time, by order in writing, direct any person (hereinafter referred to in this section as "accreditation audit committee") specified in the order to audit or inspect or inquire into the affairs of any accreditation agency or any higher educational institution in matters of accreditation and to report to the authority on any audit or inspection made by such accreditation audit committeeexplanation— for the purposes of this section, "person" shall include such experts engaged in the manner provided in section 17(2) it shall be the duty of every chief executive or officer or other employee of the accreditation agency and every chief executive or teacher or officer or other employee of the higher educational institution, as the case may be, to produce before the accreditation audit committee directed under sub-section (1), all such papers and other documents in his custody or power and to furnish him with any statement and information relating to the affairs of the accreditation agency or higher educational institution, as the case may be, as the said accreditation audit committee may require of him within such time as the said accreditation audit committee may specify(3) the accreditation audit committee, directed to audit or inspect or inquire under sub-section (1), may examine on oath, any chief executive or officer or other employee of the accreditation agency in relation to accreditation of any higher educational institution or programme conducted therein, and may administer oaths accordingly(4) on receipt of any report under sub-section (1), the authority may, after giving such opportunity to the accreditation agency to make a representation in connection with the report as, in the opinion of the authority, seems reasonable, by order in writing,—(a) require the accreditation agency, to take such action in respect of any matter arising out of the report as the authority may think fit; or(b) modify terms and conditions of certificate of registration as it thinks fit, and terms or conditions so modified shall be binding upon and be observed by the accreditation agency and shall be of like force and effect as if they were contained in the certificate of registration; or(c) revoke the certificate of registration of the accreditation agency(5) the authority shall, place the report submitted by the accreditation audit committee under sub-section (1) and the action taken thereon by the authority on its website chapter v registration of accreditation agenciesregistration of accreditation agency19 no accreditation agency shall, except under, and in accordance with the conditions of a certificate of registration obtained from the authority under this act, and in accordance with rules and regulations made thereunder, undertake accreditation of any higher educational institution or any programme conducted therein:provided that any agency set up by or under any law for the time being in force, which is carrying out the work of accreditation of higher educational institutions or programmes conducted therein, on or before the date of commencement of this act, may continue to do so until the certificate of registration is granted to it by the authority under this act:provided further that such agency shall, within a period of one hundred and eighty days from the date of establishment of the authority under this act, make an application under sub-section (1) of section 20 for registration as an accreditation agency under this act:provided also that the authority shall, within a period of one hundred and twenty days from the date of such application, either issue the certificate of registration or reject the application under section 23application for registration20 (1) every application for registration as an accreditation agency shall be made to the authority in such form and manner and accompanied by such other documents and on payment of such fees as may be specified by regulations(2) every application under sub-section (1) shall be accompanied by the following, namely:—(a) a detailed mechanism for detecting any potential conflict of interest between the applicant or its employees or experts and a higher educational institution;(b) a credible mechanism for transparency in respect of the financial status and financial dealings of the applicant;(c) a reliable public information disclosure policy for accreditation of any higher educational institution or any programme conducted therein;(d) complete process and procedure to be followed by the applicant in the accreditation of any higher educational institution or any programme conducted therein;(e) such other documents as may be specified by regulations21 no application for grant of a certificate of registration under section 20 shall be considered by the authority, unless the applicant satisfies the following conditions, namely:—eligibility for registration as an accreditation agency(a) the applicant is—1 of 1956 21 of 1860 2 of 1882(i) a company registered under section 25 of the companies act, 1956 or a society formed and registered under the societies registration act, 1860 or a trust formed under the indian trusts act, 1882 or any other law for the time being in force;(ii) such company, society or trust is formed or controlled by the central government or a state government or any authority or board or institution established under any central or state act; (b) the applicant is a non-profit organisation; (c) the applicant has, in its memorandum of association or in the trust deed, specified accreditation of higher educational institutions as one of its main objects;(d) the applicant has adequate infrastructure, to enable it to provide accreditation services in accordance with the provisions of this act or such infrastructure as may be specified by regulations;(e) the applicant and the promoters of the applicant, have professional competence, financial soundness and general reputation of fairness and integrity to the satisfaction of the authority;(f) the applicant, or its promoters, or any member of the governing body of the applicant or its promoter, is not involved in any legal proceeding connected with any higher educational institution except in course of any accreditation proceedings carried out in pursuance of the provisions of this act and regulations made thereunder;(g) the applicant, or its promoters, or any director, or member, or trustee has, at any time in the past, not been convicted of any offence involving moral turpitude or any economic offence;(h) the applicant has, in its employment, persons having adequate professional and other relevant experience to the satisfaction of the authority;(i) the applicant, or any person directly or indirectly connected with the applicant, has in the past not been—(i) refused by the authority a certificate of registration under this act; or(ii) subjected to any proceedings for contravention of this act or of rules or regulations made thereunder or any other law for the time being in force; (j) the applicant, in all other respects, is a fit and proper person for the grant of a certificate;(k) the applicant conforms to such other conditions as may be specified by regulationsprocedure for grant of certificate22 (1) the authority shall, on receipt of the application under section 20 for grant of certificate of registration, issue a public notice, in such form and manner as may be specified by regulations, and place the application together with all documents received with the application, for a period of sixty days from the date of issue of such public notice, on the website of the authority(2) any person may, within a period of said sixty days referred to in sub-section (1), submit his comments or objections, if any, on the application or part thereof, to the authority(3) the authority may, within the period of sixty days referred to in sub-section (1), require the applicant to furnish such other information or clarification as it may consider necessary(4) the authority may obtain the advice of such experts, as it deems fit, for the specific purpose of evaluating the competency of the applicant(5) the applicant shall, within a period of seven days after making the application under sub-section (1), forward a copy of such application with other documents to all state governments(6) the state governments shall, within a period of forty-five days after the receipt of the copy of the application referred to in sub-section (5), send its recommendations, if any, to the authority(7)the applicant shall be afforded an opportunity to submit his response on the comments or objections received under sub-section (2) or clarifications sought under subsection (3) or recommendations made by the state government, if any, under sub-section(6):provided that such response shall be submitted within a period of thirty days from the expiry of the period of sixty days referred to in sub-section (2)(8) the authority shall, before granting a certificate of registration under section 23, conduct a public hearing, in such manner as may be specified by regulations, to consider all comments or objections or clarifications or recommendations, if any, and the response of the applicant thereto, including any other matter as the authority may deem fit for such considerationgrant of certificate of registration23 (1) the authority shall, as far as practicable within a period of six months from the receipt of such application, after considering the comments or objections or clarifications or recommendations under sub-section (8) of section 22, —(a) issue a certificate of registration as an accreditation agency, on such terms and conditions as may be specified in such certificate, subject to the provisions of this act and rules and regulations made thereunder; or(b) reject the application for reasons to be recorded in writing if such application does not conform to the provisions of this act or rules or regulations made thereunder or the provisions of any other law for the time being in force: provided that no application shall be rejected unless the applicant has been given an opportunity of being heard(2) the authority shall, while issuing a certificate of registration, approve the documents referred to in clauses (a) to (e) of sub-section (2) of section 20 as such or with such modifications, as it may deem fit, and thereupon the accreditation agency shall follow the procedures and conditions so approved in the process of accreditation(3) the documents approved under sub-section (2) shall be considered as an integral part of the certificate of registration which shall not be modified or altered without the approval of the authority(4) the authority may, if it so deems fit, in the certificate of registration granted to an accreditation agency, limit the area or programme for which such accreditation agency may exercise its duties and responsibilities of accreditation(5) a certificate of registration shall be valid for a period of ten years unless such certificate is revoked earlier in accordance with the provisions of this act| renewal ||----------------|| certificate of || registration |24 (1) a certificate of registration granted under section 23 may, on an application made by the accreditation agency, be renewed by the authority for such period and on payment of such fees as may be specified by regulations(2) no application for renewal of the certificate of registration made under sub-section(1) shall be rejected unless the applicant has been given a reasonable opportunity of being heard in the matter25 no accreditation agency shall, without the prior approval of the authority effect any change in its ownership, or governing body or board of trustees, or the memorandum of association or articles of association or the trust deedaccreditation agency not to do certainthings a m e n d m e n t to certificate of registration26 the authority may, in the public interest or for ensuring advancement of academic quality, on an application of the accreditation agency or otherwise, make such alterations and amendments in the terms and conditions of the certificate of registration as it thinks fit, in accordance with such procedure as may be specified by regulations27 (1) if the authority, on a complaint or otherwise, and after making such enquiry as it deems fit, is satisfied that public interest so requires, it may revoke the certificate of registration in any of the following cases, namely:—suspension or revocation of certificate of registration(a) where the accreditation agency, in the opinion of the authority, makes wilful or continuous default in any act of commission or omission as required by or under this act or the rules or regulations made thereunder;(b) where the accreditation agency commits breach of any of the terms or conditions of the certificate of registration which is expressly declared by such certificate of registration to render it liable to revocation;(c) where the accreditation agency fails, within the period fixed in this behalf by his certificate of registration, or any longer period which the authority may have granted therefor, to show, to the satisfaction of the authority, that such agency is in a position fully and efficiently to discharge the duties and obligations imposed on it by its certificate of registration;(d) where in the opinion of the authority the financial position of the accreditation agency is such that such agency is unable fully and efficiently to discharge the duties and obligations imposed on it by its certificate of registration;(e) the accreditation agency has ceased to exist(2) no certificate of registration shall be revoked under sub-section (1) unless the authority has given to the accreditation agency not less than thirty days notice, in writing, stating the grounds on which it is proposed to revoke the certificate of registration, and has considered any cause shown by the accreditation agency within the period of that notice, against the proposed revocation(3) where in its opinion the public interest so requires or for ensuring the advancement of academic quality, the authority may, on conclusion of the enquiry under sub-section (1), suspend the certificate of registration granted to the accreditation agency till such time as a decision on the revocation of such certificate of registration or otherwise, is taken by the authority(4) where the authority revokes a certificate of registration under this section, it shall serve an order of revocation upon the accreditation agency and fix a date on which the revocation shall take effect; and such revocation shall be without prejudice to the action which may be taken against it under any other law for the time being in force(5) the authority may, instead of revoking a certificate of registration under subsection (1), permit it to remain in force subject to such further terms and conditions as it thinks fit to impose, and any further terms or conditions so imposed shall be binding upon and be observed by the accreditation agency and shall be of like force and effect as if they were contained in the certificate of registration(6) the authority shall publish on its website any action initiated under this section and the final decision on the revocation of the certificate of registration or otherwise together with all documents and reasons for such decision(7) where the certification of any accreditation agency has been revoked under subsection (4) on grounds referred to in sub-section (1), the authority shall, within a period of sixty days from the date of such revocation, conduct an audit of all the higher educational institutions accredited by such agency within a period of one year before the date of such revocation(8) the authority shall, while suspending or revoking a certificate of registration, take, or cause to be taken, such measures which may be necessary to protect the interests of studentsappeal against any order of authority28 any person, aggrieved by an order or decision of the authority under this chapter or section 31, may prefer an appeal, against such order to the national educational tribunal within a period of sixty days from the date of the order, in such form and manner and accompanied with such documents and such fees as may be prescribed:provided that the national educational tribunal may entertain an appeal after the expiry of the said period of sixty days, if it is satisfied that the appellant has sufficient cause for not preferring the appeal within the period of sixty days chapter vi duties and obligations of accreditation agencies29 (1) while undertaking accreditation of a higher educational institution or programme conducted therein, the accreditation agency shall have regard to following principles in discharging its obligations for the advancement of knowledge, namely:—duties and obligations of accreditation agencies(a) advancement of academic quality; (b) enabling uniform reference of standards of academic quality in any class or classes of higher educational institutions or any one or more programmes conducted therein; (c) informing stakeholders (including students and employers) about the quality of the higher educational institution or any programme conducted therein;(d) rendering assistance to higher educational institutions in managing and enhancing their academic quality working towards the development of explicit intended learning outcomes;(e) adherence to such other principles for advancement of knowledge which may evolve from time to time (2) the accreditation agency shall, while undertaking accreditation of higher educational institutions or any programme conducted therein, follow the standards in respect of academic quality specified by the appropriate statutory regulatory authority(3) every accreditation agency shall abide by the code of ethics 30 (1) every accreditation agency shall accredit a higher educational institution or a programme conducted therein on an application made to it by such institution in such form and manner, and on payment of such fees, as may be specified by regulationsprocedure of accreditation by accreditation agency(2) the process and procedure for accreditation of a higher educational institution or a programme in such institution shall be such as may be specified by regulations(3) the accreditation of a higher educational institution or a programme in such institution shall be done at such intervals and after such periods as may be specified by the appropriate statutory regulatory authority(4) the accreditation agency shall, while undertaking accreditation of a higher educational institution or a programme in such institution, provide an opportunity to the stakeholders in the higher educational institution, including students and employees, to submit their views on matters of academic quality(5)the accreditation agency shall give a reasonable opportunity to the higher educational institution to file suggestions or objections, if any, on the draft accreditation prepared by it and shall take note of such suggestions or objections, if any, while finalising the accreditation of such institution or any programme conducted therein(6) the accreditation agency shall publish on its website the accreditation together with all documents and reasons for such accreditation31 (1) any person, aggrieved by the accreditation decided by any accreditation agency under this chapter, may apply to the authority for withdrawal of such accreditation or its modification(2) the authority shall take a decision on an application made under sub-section (1)within ninety daysapplication to authority on accreditation by accreditation agency chapter vii finance, accounts and auditgrants by central government32 the central government may, after due appropriation made by parliament by law in this behalf, make to the authority grants of such sums of money as the central government may think fit for being utilised for the purposes of this act33 (1) there shall be constituted a fund to be called the national accreditation regulatory authority for higher educational institutions fund and there shall be credited thereto—(i) any grants and loans made to the authority by the central government; (ii) all fees and charges received by the authority under this act; andnational accreditation regulatory authority for higher educational institutions fund(iii) all sums received by the authority from such other sources as may be decided upon by the central government (2) the fund referred to in sub-section (1) shall be applied for meeting—(i) the salary, allowances and other remuneration of the chairperson, other members, officers and other employees of the authority; and(ii) the expenses of the authority incurred in the discharge of its functions and for purposes of this actaccounts and audit of authority34 (1) the authority shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed by the central government, in consultation with the comptroller and auditor-general of india(2) the accounts of the authority shall be audited by the comptroller and auditor-general of india at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the authority to the comptroller and auditor-general of india(3) the comptroller and auditor-general of india and any other person appointed by him in connection with the audit of the accounts of the authority shall have the same rights and privileges and authority in connection with such audit as the comptroller and auditor- general generally has in connection with the audit of the government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the office of the authority(4) the accounts of the authority as certified by the comptroller and auditor-general of india or any other person appointed by him in this behalf together with the audit report thereon, shall be forwarded annually to the central government by the authority and the government shall cause the same to be laid before each house of parliamentannual report of authority35 (1) the authority shall prepare in every year, in such form and at such time as may be prescribed, an annual report giving a full account of its activities during the previous year, and copies thereof along with copies of its annual accounts and auditor's report shall be forwarded to the central government and the government shall cause the same to be laid before each house of parliament(2) the authority shall also forward a copy of the annual report so prepared under sub-section (1) to all appropriate statutory regulatory authorities chapter viii offences and penaltiescompensation to affected higher educational institution36 if an accreditation agency fails to comply with the obligations referred to in subsection (1) of section 29 and the adherence to the code of ethics referred to in sub-section (3) of that section, without prejudice to any penalty which may be imposed under this act, it shall be liable to pay such compensation, to the higher educational institution for any loss or damages suffered by such institution, as may be determined by the state educational tribunal:provided that before determination of any compensation under this section, the accreditation agency shall be given a reasonable opportunity of being heard by the state educational tribunal37 any accreditation agency, which contravenes—(a) any provision of this act or rules or regulations made thereunder; orpenalty in case of contravention(b) the standards specified under any law for the time being in force by the appropriate statutory regulatory authority; or(c) the terms and conditions specified in the certificate of registration, shall, without prejudice to proceeding for prosecution under the provisions of this act or any other law for the time being in force, be liable to a penalty which may extend to five lakh rupeespenalty for obstructing or impersonating an officer of authority38 if a person, without reasonable excuse, resists, obstructs, or attempts to obstruct, impersonate, threaten, intimidate or assault an officer of the authority or any person assigned to discharge any function under this act, or in exercising his functions under this act, he shall be punishable with imprisonment for a term which may extend to three months or with fine which may extend to five lakh rupees or with both39 whoever contravenes the provisions of section 19 shall be punishable with imprisonment for a term which may extend to five years or with fine which may extend to five lakh rupees or with bothpunishment for contravening the provision of section 19 punishment for false information40 if any person provides any information or produces any document under this act or under any rule or regulation made thereunder, or delivers an account or statement which is false, and which he either knows or believes to be false, or does not believe to be true, he shall be punishable with imprisonment for a term which may extend to three months or with fine which may extend to five lakh rupees or with bothgeneral provisions relating to offences and fine41 if any person contravenes or attempts to contravene or abets the contravention of the provisions of this act or of any rules or regulations made thereunder, for which no punishment is provided elsewhere in this act, he shall be punishable with imprisonment for a term which may extend to two years or with fine which may extend to ten lakh rupees or with both| offences ||-------------|| companies |42 (1) where an offence under this act 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: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 has exercised all due diligence to prevent the commission of such offence(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 the 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 firmoffences by society, trust and institutions43 (1) where an offence under this act has been committed by a society or trust or agency or institution, every person who at the time the offence was committed was in charge of, and was responsible to, the society or trust or agency or institution for the conduct of the business of the society or trust or university, as well as the society or trust or agency or institution, 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 has exercised all due diligence to prevent the commission of such offence(2) notwithstanding anything contained in sub-section (1), where an offence under this act has been committed by a society or trust or agency or institution 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 governors, vice-chancellor, directors, committee, trustees, registrar or other officer, such governors, directors, committee, trustees, registrar or other officer shall also be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordinglycognizance of offences44 (1) no court shall take cognizance of any offence punishable under this act or therules or regulations made thereunder, save on a complaint made by the authority or any officer or person authorised by it(2) no court inferior to that of a chief metropolitan magistrate or a chief judicialmagistrate shall try any offence punishable under this actadjudication of penalty45 (1) save as otherwise provided in this act, all matters under section 36 (includingdetermination of compensation thereunder) shall be adjudicated by the state educational tribunal having jurisdiction(2) save as otherwise provided in this act, all matters under section 37 (including thepenalties leviable thereunder) shall be adjudicated by the national educational tribunal chapter ix miscellaneouspower to call for information46 (1) the central government may, by a general or special order, call upon theauthority to furnish, periodically or as and when required any information concerning the activities carried on by the authority or any accreditation agency or higher educational institution in matters concerning accreditation, in such form as may be prescribed, to enable that government, to carry out the purposes of this act(2) the authority may, by a general or special order, call upon any accreditation agency or higher educational institution to furnish, periodically or as and when required any information concerning the activities carried on by such accreditation agency or institution, in such form as may be specified by regulations, to enable the authority, to carry out the purposes of this act| returns | and ||--------------------------------------------------------------------------------------------|-------|| reports | by || accreditation | || agencies | || 47 | ( || such form and manner as may be specified by regulations or as the authority may direct, | || such returns and statements and such particulars in regard to accreditation of higher | || educational institutions by such agency, as the authority may, from time to time, require | |(2) without prejudice to the provisions of sub-section (1), the accreditation agency shall, within a period of ninety days after the end of each financial year, submit to the authority a report along with audited statement of accounts in such form, as may be specified by regulations, giving a true and full account of its activities, policy and programmes in regard to accreditation of higher educational institutions by such agency during the previous financial year48 (1) without prejudice to the foregoing provisions of this act, the authority shall, in exercise of its powers or the performance of its functions under this act, be bound by such directions on questions of policy, other than those relating to technical and administrative matters, as the central government may give in writing to it from time to time:power of central government to issue directionsprovided that the authority shall, as far as practicable, be given an opportunity to express its views before any direction is given under this sub-section(2) the decision of the central government whether a question is one of policy or not shall be finalpower to exempt49 if the central government is of the opinion that it is necessary or expedient in the interests of the general public so to do, or for advancement of knowledge, it may, by notification and subject to such conditions as may be specified in the notification, exempt any class or classes of higher educational institutions from the operation of all or any of the provisions of this act and may, as often as may be necessary, revoke or modify such notification50 (1) if at anytime the central government is of the opinion—central government to supersede authority(a) that on account of circumstances beyond the control of the authority, it is unable to discharge the functions or perform the duties imposed on it by or under the provisions of this act; or(b) that the authority has persistently made default in complying with any direction given by the central government under this act or in the discharge of the functions or performance of the duties imposed on it by or under the provisions of this act; or (c) that circumstances exist which render it necessary in the public interest so to do, the central government may, by notification and for reasons to be specified therein, supersede the authority for such period, not exceeding six months, as may be specified in the notification:provided that before issuing any such notification, the central government shall give a reasonable opportunity to the authority to make representations against the proposed supersession and shall consider representations, if any, of the authority(2) upon the publication of a notification under sub-section (1) superseding the authority,—(a) the chairperson and other members shall, as from the date of supersession, vacate their offices as such;(b) all the powers, functions and duties which may, by or under the provisions of this act, be exercised or discharged by or on behalf of the authority shall, until the authority is reconstituted under sub-section (3), be exercised and discharged by the central government or such authority as the central government may specify in this behalf;(c) all properties owned or controlled by the authority shall, until the authority is reconstituted under sub-section (3), vest in the central government(3) on or before the expiration of the period of supersession specified in the notification issued under sub-section (1), the central government shall reconstitute the authority by a fresh appointment of its chairperson and other members and in such case any person who had vacated his office under clause (a) of sub-section (2) shall not be deemed to be disqualified for re-appointment(4) the central government shall cause a notification issued under sub-section (1)and a full report of any action taken under this section and the circumstances leading to such action to be laid before each house of parliament at the earliestjurisdiction51 no civil court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which the authority or a state educational tribunal or the national educational tribunal is empowered by or under this act to determine, and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this act52 the chairperson and other members and the officers and other employees of the authority shall be deemed to be public servants within the meaning of section 21 of the indian penal code45 of 1860members and staff of authority to be public servantsprotection of action taken in good faith53 no suit, prosecution or other legal proceeding shall lie against the central government or against the chairperson or any other member, as the case may be, for anything which is in good faith done or intended to be done in pursuance of this act or any rule or regulation made thereunder in the discharge of official duties3 of 1956act to have overriding effect54 subject to the provisions of the university grants commission act, 1956, the provisions of this act shall have overriding effect notwithstanding anything inconsistent therewith 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 act55 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 forceapplication of other laws not barred56 (1) the central government may, by notification in the official gazette, make rules to carry out the purposes 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 manner of nomination of experts in the concerned field of knowledge to the selection committee under sub-section (3) of section 8;(b) the term of selection committee and the manner of selection of panel of names under sub-section (4) of section 8;(c) the salaries and allowances payable to, and the other terms and conditions of service of, the chairperson and other members of the authority under sub-section (2) of section 9;(d) the other disqualifications for removal of the chairperson or other members under clause (i) of sub-section (1) of section 10;(e) the procedure for the inquiry under sub-section (4) of section 10;(f) the salaries and allowances payable to, and other terms and conditions of service of, the officers and other employees of the authority under sub-section (3) of section 15;(g) the other functions which the authority may perform under clause (n) of sub-section (2) of section 16;(h) the fees and remuneration payable to, the period, qualifications and experience of, and the manner in which the authority may engage experts under section 17;(i) the form and manner in which an appeal may be preferred and the documents to be accompanied with it and the fees payable therewith under section 28;(j) the form for maintaining proper accounts and other relevant records and the annual statement of accounts of the authority under sub-section (1) of section 34;(k) the form in which, and the time at which, the annual report of the authority shall be prepared under section 35;(l) the information concerning the activities carried on by the authority or any accreditation agency or higher educational institution in matters concerning accreditation to be furnished to the central government under sub-section (1) of section 46;(m) any other matter which is required to be, or may be, specified by rules or in respect of which provision is to be made by rules 57 (1) the authority may, by notification in the official gazette, make regulations, consistent with the provision of the act and the rules made thereunder, to carry out the purposes of this act(2) in particular and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:—(a) the code of ethics and such other ethical principles to be adhered to by an accreditation agency under clause (h) of sub-section (1) of section 3;(b) the form and manner in which an application may be made and the documents to be accompanied with it and the fee payable therewith under sub-section (1) of section 20;(c) such other documents that an applicant has to submit along with his application for grant of certificate of registration as may be specified under clause (e) of sub-section (2) of section 20;(d) the infrastructure that an applicant shall possess for providing accreditation services under clause (d) of section 21;(e) the other conditions of eligibility for grant of certificate of registration under clause (k) of section 21;(f) the form and manner in which the public notice may be issued under subsection (1) of section 22;(g) the manner of conducting public hearing by the authority under sub-section(8) of section 22;(h) the fees payable and the period for which the certificate of registration granted to an accreditation agency may be renewed under sub-section (1) of section24;(i) the procedure for grant of approval in respect of any change in the ownership structure or the memorandum of association of an accreditation agency under section 25;(j) the procedure for making amendment or alteration in the terms and conditions of the certificate of registration under section 26;(k) the form and manner in which an application may be made for accreditation of any higher education institution or any programme therein and the documents to be accompanied with it and the fee payable therewith under sub-section (1) of section 30;(l) the procedure and process to be followed by the accreditation agency for accreditation of any higher educational institution or any programme conducted therein under sub-section (2) of section 30;(m) the information concerning the activities carried on by the accreditation agency or the higher educational institutions to be furnished to the authority under sub-section (2) of section 46;(n) the time at which and the form and manner in which the returns and statements and particulars in regard to accreditation of higher educational institutions by the accreditation agency under sub-section (1) of section 47;(o) the form and manner in which the report, along with audited statement of accounts, giving a true and full account of activities, policy and programme in regard to accreditation of higher educational institutions by the accreditation agency under sub-section (2) of section 47;(p) any other matter which is required to be, or may be, specified by regulation or in respect of which provision is to be made by regulationslaying of rules, regulations and notification58 every rule and every regulation made under this act and every notification issued under section 49 shall be laid, as soon as may be after it is made or issued, 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 notification, as the case may be, or both houses agree that the rule or regulation or notification, as the case may be, should not be made or issued, the rule or regulation or notification, as the case may be, 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 or notification, as the case may bepower to remove difficulties59 (1) if any difficulty arises in giving effect to the provisions of this act, the centralgovernment may, by order, published in the official gazette, make such provisions, notinconsistent with the provisions of this act, as 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 two years from the date of commencement of this act(2) every order made under this section shall, as soon as may be after it is made, be laid before each house of parliament statement of objects and reasonsassessment and accreditation in the higher education, through transparent and informed external review process, are the effective means of quality assurance in higher education to provide a common frame of reference for students and others to obtain credible information on academic quality across institutions thereby assisting student mobility across institutions, domestic as well as international presently, accreditation is voluntary as a result of which less than one-fifth of the colleges and less than one-third of all universities have obtained accreditation mandatory accreditation in the higher education would enable the higher education system in the country to become a part of the global quality assurance system2 mandatory accreditation in the higher education would require a large number of competent and reliable accrediting agencies to be recognised, monitored and audited for academic competence through an independent but accountable institutional mechanism such a mechanism would find acceptability among peer group of international accreditation bodies, necessary for student and teacher mobility and institutional collaborations, within and across borders consequently, there is a need for an autonomous institutional structure with statutory backing to recognise and regulate competent professional agencies charged with the task of accreditation3 the process of assessment and accreditation in the higher education is required to be performed by recognised agencies on the basis of norms and standards of academic quality specified by the concerned appropriate statutory regulatory authority in the field of knowledge in higher learning registered agencies would accredit higher educational institutions through transparent processes and assessment of academic quality in teaching, learning and research and their contribution to enhancement of knowledge the assessment would include physical infrastructure, human resources (including faculty), administration, course curricula, admission and assessment procedures, governance structures including infrastructure and governance structures of the institution4 in view of the above, it is proposed to establish a regulatory authority to register, monitor and audit the functioning of accreditation agencies which would be invested with the responsibility of accrediting higher educational institutions including universities, colleges, institutes, institutions of national importance and programmes conducted therein institutions imparting higher education beyond twelve years of schooling would be mandatorily accredited higher educational institutions engaged mainly in agricultural education and research have been kept out of the purview of the proposed legislation5 the proposed national accreditation regulatory authority for higher educational institutions bill, 2010, inter alia, provides that—(a) every higher educational institution and every programme conducted therein shall require accreditation in the manner provided in the proposed legislation;(b) the national accreditation regulatory authority for higher educational institutions shall be established by the central government for regulating the process of accreditation which shall consist of a chairperson and four other members, (at least one of whom shall be a woman), to be appointed by the central government on the recommendation of a selection committee; (c) the functions of the authority, inter alia, shall be to promote the development and regulate the process of accreditation of higher educational institutions and to register and regulate the working of accreditation agencies; lay down norms and policies for assessment of academic quality in higher educational institution or any programme conducted therein and its periodical review; undertake audit and monitor the adherence to a code of ethics to be observed by accreditation agencies; lay down norms, standards and policies requiring higher educational institution to provide information to the public on their performance in regard to all aspects of academic quality; recommend for improvement of academic quality in higher educational institutions; advise the central government or any state government or the statutory regulatory authorities on any policy matter concerning accreditation which may be referred to it; initiate measures for development of methodologies of accreditation in collaboration; promote research and innovation in assessment and accreditation; collect, compile and disseminate information regarding accreditation of higher educational institutions for public information including stakeholders and perform such other functions as may be prescribed;(d) the authority may call for any information and record from, or undertake audit or inspection of or inquiry into, any higher educational institution to verify the credibility of accreditation done by an accreditation agency;(e) only the registered accreditation agencies shall undertake accreditation of any higher educational institution or any programme conducted therein and the accreditation agencies established under any law for the time being in force continue to function as such till they are registered by the authority under the proposed legislation;(f) the accreditation agency shall have, while undertaking accreditation of a higher educational institution or programme, regard to its obligations for advancement of academic quality and inform all stakeholders including students and employers about the quality of the higher educational institution or any programme conducted therein;(g) any person aggrieved by accreditation of higher educational institutions may apply to authority for withdrawal or modification;(h) in case, an accreditation agency fails to abide by the code of ethics or other obligations, it shall be liable to pay compensation for damages to the higher educational institution as may be determined by the state educational tribunal (proposed to be established under the proposed educational tribunals act, 2010);(i) if any accreditation agency contravenes any provisions of the proposed legislation or rules or regulations made thereunder or standards specified under any law for the time being in force by the appropriate statutory regulatory authority or the terms and conditions specified in the certificate of registration shall, without prejudice to proceedings for prosecution, be liable to a penalty which may extend to five lakh rupees6 the notes on clauses explain in detail the various provisions contained in the bill 7 the bill seeks to achieve the above objectivesnew delhi;kapil sibalthe 19th april, 2010 notes on clausesclause 2—this clause provides that the proposed legislation shall apply to all higher educational institutions other than the higher educational institutions engaged mainly in agricultural education and research and the programmes of study conducted thereinclause 3—this clause defines certain words and expressions used in the proposed legislationclause 4—this clause provides for mandatory accreditation of higher educational institutions and programmes conducted therein it provides that every higher educational institution and every programme conducted therein shall be accredited in accordance with the provisions of the proposed legislation and the rules and regulations made thereunder and assessment of such accreditation shall be made before such institution starts the process of admission to such programme it further provides that a higher educational institution, other than an institution engaged mainly in medical education, existing before the commencement of proposed legislation, shall make an application to an accreditation agency for accreditation of such institution or programme conducted therein, within a period of three years from the date of commencement of the proposed legislation whereas a higher educational institution engaged mainly in medical education and existing before the commencement of the proposed legislation shall make such application to an accreditation agency within a period of five years from the date of such commencementit also provides that the accreditation agency to whom an application for accreditation has been made by a higher educational institution, shall undertake and complete accreditation within a period of one hundred and eighty days from the date of such application it also specifies that a higher educational institution which has been accredited before the commencement of the proposed legislation by an agency set up by or under any law for the time being in force, shall be deemed to be accredited under of the proposed legislation for the period of accreditation by such agencyit also provides that in case a higher educational institutions existing at the time of commencement of the proposed legislation fails to make an application for accreditation or obtain accreditation of the institution or programme conducted therein within the specified period, the institution shall, without prejudice to any action that may be initiated by the appropriate statutory regulatory authority or proceedings under any law for the time being in force, be liable for penalty specified under clause 41 of the proposed legislationclause 5—this clause empowers the central government to establish a national accreditation regulatory authority for higher educational institutions (hereinafter referred to as the "authority") to exercise the powers conferred upon it under the proposed legislation it further provides that 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 or be sued and that its head office shall be at new delhiclause 6—this clause provides that the authority shall consist of a chairperson and four other members, of whom at least one shall be woman, to be appointed by the central governmentclause 7—this clause specifies the qualifications for appointment as chairperson or members of the authority sub-clause (1) provides that a person shall be qualified to be appointed as the chairperson of the authority, if such person is not less than fiftyfive years of age and is of ability, integrity and standing, and has adequate knowledge and experience of at least twenty five years in dealing with matters relating to higher education and research and is, or has been, a vice chancellor of any university, or a head of an institution of national importance sub-clause (2) provides that a person shall be qualified to be appointed as a member of the authority, if such person is not less than fifty-five years of age and is of ability, integrity and standing, and has adequate knowledge and experience of at least twenty-five years in higher education and research or legal matters sub-clause (3) provides that out of the four other members, one shall be chosen from amongst professors in the field of medical education in any university or an institution of national importance; one from amongst professors in the field of science or technology in any university or an institution of national importance; one from amongst professors in the field of social sciences or humanities in any university or an institution of national importance and one from amongst persons having knowledge and experience in legal mattersclause 8—this clause provides for selection of the chairperson and other members of the authority sub-clause (1) provides that the selection committee shall comprise the cabinet secretary as its chairperson, the secretary in charge of higher education in the ministry of human resource development, the chairman, university grants commission and three experts, with one each from the fields of medical education, agricultural education and research and legal education respectively as its members the selection committee shall recommend a panel of names to the central government for appointment sub-clause (2) provides that the secretary in charge of higher education in the ministry of human resource development shall be the convenor of the meetings of the selection committee sub-clause (3) provides that the three experts in the fields of education specified in sub-clause (1) shall be nominated in a manner to be prescribed by rules made by the central government sub-clause (4) provides that the term of the selection committee and the manner of selection of panel of names shall be prescribed by rules by the central government sub-clause (5) states that no appointment of the chairperson or member of the authority shall be invalid merely by reason of any vacancy in the selection committee sub-clause (6) provides that the selection committee may regulate its own procedure in its deliberationsclause 9—this clause provides that the chairperson and member of the authority shall hold office for a term of five years from the date on which they enter upon office and shall be eligible for reappointment, but shall not hold office after they have attained the age of seventy years sub-clause (2) provides that the salaries and allowances payable to, and the other terms and conditions of service of, the chairperson and other members shall be prescribed by rules by the central governmentclause 10—this clause provides the manner of removal of the chairperson or a member of the authority the grounds for removal include where the chairperson or a member has been is an adjudged an insolvent, has engaged at any time during his term of office in any paid employment, has been convicted of an offence which in the opinion of the central government involves moral turpitude, has become physically or mentally incapable, is of unsound mind and stands so declared by a competent court, has acquired such financial or other interest as is likely to affect prejudicially the exercise of his functions, has so abused his position as to render his continuance in office prejudicial to the public interest, has been guilty of proved misbehavior or has such other disqualifications as may be prescribed under rules made by the central government sub-clause (2) provides that no chairperson or a member of the authority shall be removed from his office on the grounds specified in clause (f) or clause (g) or clause (h)of sub-clause (1) in this clause, except by an order made by the central government after an inquiry made in this behalf in which the chairperson or member has been informed of the charges against him and given a reasonable opportunity of being heard sub-clause (3) provides that in the event of inquiry instituted against the chairperson or member, the central government may suspend such chairperson or member against whom inquiry has been instituted for a period not exceeding six months if it considers necessary in public interest sub-clause (4) empowers the central government to regulate the procedure for the inquiryclause 11—this clause provides for the prohibitions as to holding of offices by chairperson or member on ceasing to be such chairperson or member of authority the clause specifies that the chairperson or member shall be ineligible for a period of five years from the date on which they cease to hold office, for further employment, including as consultant or expert or otherwise, in any higher educational institution under the central government or a state government or any private higher educational institution or in any institution whose matters had been before such chairperson or memberclause 12— this clause provides that any member having any direct or indirect interest, whether pecuniary or otherwise, in any matter coming up for consideration at a meeting of the authority, shall, as soon as possible after the relevant circumstances have come to his knowledge, disclose the nature of his interest at such meeting and such disclosure shall be recorded in the proceedings of the authority, and the member shall not take any part in any deliberation or decision of the authority with respect to that matter this clause is intended to provide for self-disclosure of issues in which conflict of interest in respect of the chairperson or any member that may arise in the course of performance of duties by the authorityclause 13—this clause provides that no act or proceeding of the authority shall be invalid merely by reason of any vacancy or any defect in the constitution of the authority or any defect in the appointment of a person acting as a member of the authority or any irregularity in the procedure of the authority not affecting the merits of the caseclause 14—this clause provides the manner in which the chairperson or a member of the authority shall resign office it provides that the chairperson or member may, by notice in writing under his hand addressed to the central government, resign his office and shall, unless he is permitted by the central government to relinquish his office sooner, continue to hold office until the expiry of three months from the date of receipt of such notice or until a person duly appointed as his successor enters upon office or until the expiry of his term of office, whichever is the earliestclause 15—this clause empowers the central government to determine the nature and categories of the officers and other employees required to assist the authority in the discharge of its functions and provide the authority with such officers and other employees as it may think fit sub-clause (2) provides that the officers and other employees of the authority shall discharge their functions under the general superintendence of the chairperson of the tribunal sub-clause (3) empowers the central government to make rules to provide for the salaries and allowances payable and the other terms and conditions of service of the officers and other employees of the authorityclause 16—this clause provides for the powers and functions of the authorityit specifies that the authority shall, subject to the provisions of the proposed legislation and rules and regulations made thereunder and regulations made under any law for the time being in force by the appropriate statutory regulatory authority, take measures to develop and to regulate the process of accreditation of higher educational institutions and programmes conducted therein and monitor the functioning of accreditation agencies the measures may provide for all or any of the following matters, namely regulate accreditation agencies including the registration of the accreditation agencies; lay down norms and policies for assessment of academic quality in higher educational institutions or of any programme conducted therein by accreditation agencies; undertake periodical review of norms and policies; undertake audit and cause to be audited the adherence to code of ethics including policies on obviating conflict of interest, disclosure of information, evolving transparency in processes and procedures of accreditation;lay down policies for providing information to the public in regard to all aspects of quality and performance of higher educational institutions and programmes conducted therein including student achievement, faculty availability and qualifications and research; specify and monitor standards on selection and training of experts for the purposes of accreditation by any accreditation agency; levy of fees or other charges; recommend for improvement of academic quality while respecting the higher educational institution's responsibility to set its priorities; advise the central government or any state government or the appropriate statutory regulatory authority on any policy matter concerning accreditation which may be referred to it; take measures for development of methodologies of accreditation in collaboration with accreditation agencies or universities; promote research and innovation in assessment and accreditation; collect, compile and disseminate information regarding accreditation of higher educational institutions and programmes conducted therein to the public including stakeholders; monitor adherence to norms, guidelines and standards of academic quality in higher educational institutions, as may be specified under any law for the time being in force by the appropriate statutory regulatory authority and perform such other functions as may be prescribed by rules by the central governmentclause 17—this clause provides that the authority may engage, on such fee and remuneration and for such period, such experts having such qualifications and experience, as may be prescribed by rules by the central government, for discharging its functions under the legislationclause 18—this clause provides for powers of audit and inspection by authority it provides that the authority may, at any time, by order in writing, direct any person (hereinafter referred to as "accreditation audit committee") specified in the order, to audit or inspect or inquire into the affairs of any accreditation agency or any higher educational institution in matters of accreditation and to report to the authority on any audit or inspection made by the accreditation audit committee sub-clause (2) provides that it shall be the duty of every chief executive or officer or other employee of the accreditation agency and every chief executive or teacher or officer or other employee of the higher educational institution, as the case may be, to produce before the accreditation audit committee, all such papers and other documents in his custody or power and to furnish him with any statement and information relating to the affairs of the accreditation agency or higher educational institution, as the case may be, as the accreditation audit committee may require of him within such time as the accreditation audit committee may specify sub-clause (3) provides that the accreditation audit committee, directed to audit or inspect or inquire, may examine on oath any chief executive or officer or other employee of the accreditation agency in relation to accreditation of any higher educational institution or programme conducted therein, and may administer oaths accordingly sub-clause (4) provides that on receipt of any report by the accreditation audit committee, the authority may, after giving such opportunity to the accreditation agency to make a representation in connection with the report as in the opinion of the authority seems reasonable, by order in writing, require the accreditation agency to take such action in respect of any matter arising out of the report as the authority may think fit; or modify terms and conditions of certificate of registration as it thinks fit and the terms or conditions so modified shall be binding upon and be observed by the accreditation agency and shall be of like force and effect as if they were contained in the certificate of registration; or revoke the certificate of registration of the accreditation agency sub-clause (5) provides that the authority shall, place the report submitted by the accreditation audit committee and the action taken thereon by the authority on its website to ensure transparency in the processclause 19—this clause provides that no accreditation agency shall, except under, and in accordance with the conditions of a certificate of registration obtained from the authority under the proposed legislation and in accordance with rules and regulations made thereunder, undertake accreditation of any higher educational institution or any programme conducted therein it further provides that any agency set up by or under any law for the time being in force, which is carrying out the work of accreditation of higher educational institutions or programmes conducted therein, on or before the date of commencement of this act, may continue to do so until the certificate of registration is granted to it by the authority it also provides that existing agency carrying out the work of accreditation shall make an application for registration as an accreditation agency under this legislation within a period of one hundred and eighty days from the date of establishment of the authority it also provides that the authority shall either issue the certificate of registration or reject the application within a period of one hundred and twenty days from the date of such applicationclause 20— this clause provides that every application for registration as an accreditation agency shall be made to the authority in such form and manner and accompanied by such other documents and on payment of such fees as may be specified by regulations sub-clause (2) provides that every application shall be accompanied with a detailed mechanism for detecting any potential conflict of interest between the applicant or its employees or experts and a higher educational institution, a credible mechanism for transparency in respect of the financial status and financial dealings of the applicant, a reliable public information disclosure policy for accreditation of any higher educational institution or any programme conducted therein, complete processes and procedures to be followed by the applicant in the accreditation of any higher educational institution or any programme conducted therein and such other documents as may be specified by regulations by the authorityclause 21—this clause provides for the eligibility criteria and conditions for an applicant to be registered as an accreditation agency it provides that no application for grant of a certificate of registration shall be considered by the authority, unless the applicant is a non-profit organization being a company registered under section 25 of the companies act, 1956 or a society formed and registered under the societies registration act, 1860 or a trust formed under the indian trusts act, 1882 or any other law for the time being in force and such company, society or trust is formed or controlled by the central government or a state government or any authority or board or institution established under any central or state act it further provides the applicant must satisfy the following other conditions, namely; that the applicant has, in its memorandum of association or in the trust deed, specified accreditation of higher educational institutions as one of its main objects; the applicant has adequate infrastructure to enable it to provide accreditation services in accordance with the provisions of the proposed legislation or such infrastructure as may be specified by regulations by the authority; the applicant and the promoters of the applicant have professional competence, financial soundness and general reputation of fairness and integrity to the satisfaction of the authority; the applicant or its promoters or any member of the governing body of the applicant or its promoter is not involved in any legal proceeding connected with any higher educational institution except in course of any accreditation proceedings carried out in pursuance of the provisions of the proposed legislation and regulations made thereunder; the applicant or its promoters, or any director, or member, or trustee has, at any time in the past, not been convicted of any offence involving moral turpitude or any economic offence; the applicant has, in its employment, persons having adequate professional and other relevant experience to the satisfaction of the authority; the applicant or any person directly or indirectly connected with the applicant has in the past not been refused by the authority a certificate of registration or subjected to any proceedings for contravention of the proposed legislation or of rules or regulations made thereunder or any other law for the time being in force; the applicant in all other respects, is a fit and proper person for the grant of a certificate and the applicant conforms to such other conditions as may be specified by regulationsclause 22—this clause provides that the authority shall, on receipt of the application for grant of certificate of registration, issue a public notice in a form and manner as may be specified by regulations by the authority, and place the application together with all documents received with the application on the website of the authority for a period of sixty days from the date of issue of the public notice sub-clause (2) provides that any person may, submit his comments or objections, if any, on the application or part thereof, to the authority within a period of sixty days from the date of issue of the public notice sub-clause (3) provides that the authority may require the applicant to furnish such other information or clarification as it may consider necessary within the period of sixty days from the date of issue of the public notice sub-clause (4) provides that the authority may obtain the advice of such experts, as it deems fit, for the specific purpose of evaluating the competency of the applicant sub-clause (5) mandates that the applicant shall, within a period of seven days after making the application, forward a copy of the application with other documents to all state governments and sub-clause (6) requires that the state governments shall send its recommendations, if any, to the authority within a period of forty-five days after the receipt of the copy of the application sub-clause (7) provides that the applicant shall be afforded an opportunity to submit his response on the comments or objections received or clarifications sought or recommendations made by the state government, if any it also provides that the response shall be submitted by the applicant within a period of thirty days from the expiry of the period of sixty days from the date of issue of the public notice sub-clause (8) provides that the authority shall, before granting a certificate of registration, conduct a public hearing, in a manner as may specified by regulations, to consider all comments or objections or clarifications or recommendations, if any, and the response of the applicant, including any other matter as the authority may deem fit for such considerationclause 23—this clause provides that the authority shall, as far as practicable within a period of six months from the receipt of such application, and after considering the comments or objections or clarifications or recommendations, issue a certificate of registration as an accreditation agency on such terms and conditions as may be specified in such certificate; or reject the application for reasons to be recorded in writing if such application does not conform to the provisions of the proposed legislation or rules or regulations made thereunder or the provisions of any other law for the time being in force it further provides that no application shall be rejected unless the applicant has been given an opportunity of being heard sub-clause (2) provides that the authority shall, while issuing a certificate of registration, approve the documents submitted by the applicant under clause 19 as such or with such modifications as it may deem fit, and thereupon the accreditation agency shall follow the procedures and conditions so approved in its process of accreditation sub-clause (3) provides that the documents so approved shall be considered as an integral part of the certificate of registration which shall not be modified or altered without the approval of the authority subclause (4) provides that the authority may, if it so deems fit, in the certificate of registration granted to an accreditation agency, limit the area or programme for which such accreditation agency may exercise its duties and responsibilities of accreditation sub-clause (5) provides that a certificate of registration shall be valid for a period of ten years unless such certificate is revoked earlier in accordance with the provisions of the proposed legislationclause 24—this clause provides that a certificate of registration may, on an application made by the accreditation agency, be renewed by the authority for such period and on payment of such fees as may be specified by regulations but no application for renewal of the certificate of registration shall be rejected unless the applicant has been given a reasonable opportunity of being heard in the matterclause 25—this clause provides that no accreditation agency shall, without the prior approval of the authority effect any change in its ownership, or governing body or board of trustees, or the memorandum of association or articles of association or the trust deedclause 26—this clause provides that the authority, may, in the public interest or for ensuring advancement of academic quality, on an application of the accreditation agency or otherwise, make such alterations and amendments in the terms and conditions of the certificate of registration as it thinks fit, in accordance with the procedure as may be specified by regulations by the authorityclause 27—this clause provides for suspension or revocation of certificate of registration it provides that if the authority, on a complaint or otherwise, and after making such enquiry as it deems fit, is satisfied that public interest so requires, it may revoke the certificate of registration where the accreditation agency, in the opinion of the authority, makes wilful or continuous default in any act of commission or omission as required by or under the proposed legislation or the rules or regulations made thereunder; or where the accreditation agency commits breach of any of the terms or conditions of the certificate of registration which is expressly declared by such certificate of registration to render it liable to revocation or where the accreditation agency fails, within the period fixed in this behalf by its certificate of registration or any longer period which the authority may have granted for the purpose, to show to the satisfaction of the authority, that such agency is in a position fully and efficiently to discharge the duties and obligations imposed on it by its certificate of registration or where in the opinion of the authority the financial position of the accreditation agency is such that such agency is unable fully and efficiently to discharge the duties and obligations imposed on it by its certificate of registration or if the accreditation agency has ceased to exist sub-clause (2) provides that no certificate of registration shall be revoked unless the authority has given to the accreditation agency not less than thirty days notice, in writing, stating the grounds on which it is proposed to revoke the certificate of registration, and has considered any cause shown by the accreditation agency against the proposed revocation sub-clause (3) requires that where the authority is of the opinion that the public interest so requires or for ensuring the advancement of academic quality, it may, on conclusion of the enquiry under sub-clause (1), suspend the certificate of registration granted to the accreditation agency till such time as a decision on the revocation of such certificate of registration or otherwise, is taken by the authority sub-clause (4) provides that where the authority revokes a certificate of registration, it shall serve an order of revocation upon the accreditation agency and fix a date on which the revocation shall take effect and the revocation shall be without prejudice to the action which may be taken against it in under any other law for the time being in force sub-clause (5) provides that the authority may, instead of revoking a certificate of registration, permit it to remain in force subject to such further terms and conditions as it thinks fit to impose, and any further terms or conditions so imposed shall be binding upon and be observed by the accreditation agency and shall be of like force and effect as if they were contained in the certificate of registration sub-clause (6) requires the authority to publish on its website any action initiated against any accreditation agency and the final decision on the revocation of the certificate of registration or otherwise together with all documents and reasons for its decision subclause (7) provides that where the certification of any accreditation agency has been revoked, the authority shall conduct an audit of all the higher educational institutions accredited by such agency within a period of one year before the date of the revocation within a period of sixty days sub-clause (8) requires the authority to take or cause to be taken measures which may be necessary to protect the interests of students while suspending or revoking a certificate of registrationclause 28—this clause provides that any person aggrieved by an order made by the authority in respect of an accreditation agency or in respect of a matter under clause 31 may prefer an appeal against the order to the national educational tribunal both on facts and law, within a period of sixty days from the date of the order it further provides that the national educational tribunal may entertain an appeal after the expiry of the period of sixty days, if it is satisfied that the appellant had sufficient cause for not preferring the appeal within this periodclause 29—this clause specifies the duties and obligations of an accreditation agency while undertaking accreditation of a higher educational institution it provides that the accreditation agency, while undertaking accreditation of a higher educational institution or programme conducted therein, shall have regard to following principles in discharging its obligations for the advancement of knowledge, namely; advancement of academic quality; enabling uniform reference of standards of academic quality in any class or classes of higher educational institutions or any one or more programmes conducted therein; informing stakeholders including students and employers about the quality of the higher educational institution or any programme conducted therein; rendering assistance to higher educational institutions in managing and enhancing their academic quality working towards the development of explicit intended learning outcomes and adherence to such other principles for advancement of knowledge which may evolve from time to time sub-clause (2) requires the accreditation agency to follow the standards in respect of academic quality specified by the appropriate statutory regulatory authority while undertaking accreditation of higher educational institutions or any programme conducted therein sub-clause (3) requires every accreditation agency to abide by the code of ethicsclause 30—this clause provides that every accreditation agency shall accredit a higher educational institution or a programme conducted therein on an application made to it by the institution in a form and manner, and on payment of such fees, as may be specified by regulations by the authority sub-clause (2) provides that the processes and procedures for accreditation of a higher educational institution or a programme shall be specified by regulations by the authority sub-clause (3) provides that the accreditation of a higher educational institution or a programme in such institution shall be done at such intervals and after such periods as may be specified by the appropriate statutory regulatory authority sub-clause (4) provides that the accreditation agency shall, while undertaking accreditation of a higher educational institution or a programme, provide an opportunity to the stakeholders in the higher educational institution, including students and employees, to submit their views on matters of academic quality sub-clause (5) requires the accreditation agency to give a reasonable opportunity to the higher educational institution to file suggestions or objections, if any, on the draft accreditation prepared by it and it shall take note of suggestions or objections received, if any, while finalising the accreditation sub-clause (6) provides that the accreditation agency shall publish on its website the accreditation together with all documents and reasons for such accreditationclause 31—this clause provides that by any person aggrieved by the accreditation decided by any accreditation agency may apply to the authority for withdrawal of such accreditation or its modification and the authority shall take a decision on an application within ninety daysclause 32—this clause provides that the central government may, after due appropriation made by parliament by law in this behalf, make to the authority grants of such sums of money as the central government may think fit for being utilised for the purposes of the proposed legislationclause 33—this clause provides for constitution of a fund to be called the"national accreditation regulatory authority for higher educational institutions fund"it further provides that all grants and loans made to the authority by the central government; all fees and charges received by the authority; and all sums received by the authority from such other sources as may be decided upon by the central government, shall be credited into the fund sub-clause (2) provides that the fund shall be applied for meeting the salary, allowances and other remuneration of the chairperson, other members, officers and other employees of the authority and the expenses of the authority incurred in the discharge of its functions and for purposes of the proposed legislationclause 34—this clause provides that the authority shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in a form as may be prescribed by the central government, in consultation with the comptroller and auditor-general of india the accounts of the authority shall be audited at specified intervals by the comptroller and auditor-general of india and any expenditure incurred in connection with such audit shall be payable by the authority to the comptroller and auditor-general of india the comptroller and auditor-general of india and any other person appointed by him in connection with the audit of the accounts of the authority shall have the same rights and privileges and authority in connection with such audit as the comptroller and auditor-general generally 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 and other documents and papers and to inspect any office of the authority the accounts of the authority as certified by the comptroller and auditor-general of india or any other person appointed by him in this behalf together with the audit report thereon, shall be forwarded annually to the central government by the authority and the government shall cause the same to be laid before each house of parliamentclause 35—this clause provides that the authority shall prepare every year in a prescribed form and times, an annual report giving a full account of its activities during the previous year, and copies thereof along with copies of its annual accounts and auditor's report shall be forwarded to the central government and the government shall cause the same to be laid before both houses of parliament sub-clause (2) provides that the authority shall also forward a copy of the annual report so prepared to all appropriate statutory regulatory authoritiesclause 36—this clause provides that if an accreditation agency fails to comply with the obligations referred to sub-clause (1) of clause 29 and the adherence to the code of ethics referred to sub-clause (3) of clause 29, it shall be liable to pay such compensation, to the higher educational institution for any loss or damages suffered by such institution, as may be determined by the state educational tribunal without prejudice to any penalty which may be imposed under the proposed legislation it further provides that before determination of any compensation, the accreditation agency shall be given a reasonable opportunity of being heard by the state educational tribunal having jurisdiction over the institutionclause 37—this clause provides for punishment to an accreditation agency for contravention of the provisions of the proposed legislation it provides that an accreditation agency which contravenes any provision of this act or rules or regulations made thereunder, or the standards specified under any law for the time being in force by the appropriate statutory regulatory authority, or the terms and conditions specified in the certificate of registration, shall be liable to a penalty which may extend to five lakh rupees without prejudice to proceeding for prosecution under the provisions of this act or any other law for the time being in forceclause 38—this clause provides that if a person, without reasonable excuse, resists, obstructs, or attempts to obstruct, impersonate, threaten, intimidate or assault an officer of the authority or any person assigned to discharge any function, or in exercising his functions under the proposed legislation, such person shall be punishable with imprisonment for a term which may extend to three months or with fine which may extend to five lakh rupees or with bothclause 39—this clause provides that that whoever contravenes the provisions of clause 19 shall be punishable with imprisonment for a term which may extend to five years or with fine which may extend to five lakh rupees or with bothclause 40—this clause provides for punishment for knowingly providing false information it provides that if any person provides any information or produces any document under the proposed legislation or under any rule or regulation made thereunder, or delivers an account or statement which is false, and which he either knows or believes to be false, or does not believe to be true, such person shall be punishable with imprisonment for a term which may extend to three months or with fine which may extend to five lakh rupees or with bothclause 41—this clause provides that if any person contravenes or attempts to contravene or abets the contravention of the provisions of the proposed legislation or of any rules or regulations made thereunder, for which no punishment is provided elsewhere in the proposed legislation, such person shall be punishable with imprisonment for a term which may extend to two years or with fine which may extend to ten lakh rupees or with bothclause 42—this clause provides that where an offence under the proposed legislation 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 accordinglyit further provides that 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, then such person shall not be liable to the punishment it also provides that notwithstanding anything contained in sub-clause (1), where any offence under the proposed legislation 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 director, manager, secretary or other officer of the company, such director, manager, secretary or other officer of the company shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly it also explains the expressions "company" and "director" used in this clauseclause 43—this clause provides that where an offence under the proposed legislation has been committed by a society or trust or agency or institution, every person who at the time the offence was committed was in charge of, and was responsible to, the society or trust or agency or institution for the conduct of the business of the society or trust or university, as well as the society or trust or agency or institution, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordinglyit further provides that 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, then such person shall not be liable to the punishment it also provides that notwithstanding anything contained in sub-clause (1), where any offence under the proposed legislation has been committed by a society or trust or agency or institution 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 governors, vice-chancellor, directors, committee, trustees, registrar or other officer, such governors, directors, committee, trustees, registrar or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordinglyclause 44—this clause provides that no court shall take cognizance of any offence under the proposed legislation, except on the complaint in writing of the person authorised by the authority and no court inferior to that of a metropolitan magistrate or a judicial magistrate of the first class shall try any offence punishable under the proposed legislationclause 45—this clause provides for adjudication of certain matters by the state educational tribunals and the national educational tribunal it provides that except as otherwise provided in the proposed legislation, all matters under clause 36, including determination of compensation thereunder shall be adjudicated by the state educational tribunal having jurisdiction sub-clause (2) provides that except as otherwise provided in the proposed legislation, all matters under clause 37, including the penalties leviable thereunder shall be adjudicated by the national educational tribunalclause 46—this clause empowers the central government to call upon the authority, by a general or special order, to furnish, periodically or as and when required any information concerning the activities carried on by the authority or any accreditation agency or higher educational institution in matters concerning accreditation, in a prescribed form, to enable that government, to carry out the purposes of the proposed legislation sub-clause (2) similarly empowers the authority to call upon any accreditation agency or higher educational institution, by a general or special order, to furnish, periodically or as and when required any information concerning the activities carried on by such accreditation agency or institution, in such form as may be specified by regulations, to enable the authority, to carry out the purposes of the proposed legislationclause 47—this clause provides that the accreditation agency shall furnish to the authority at specified times and in specified form and manner or as the authority may direct, its returns, statements and particulars in regard to accreditation of higher educational institutions, as the authority may, from time to time, require sub-clause (2) states that without prejudice to the provisions of sub-clause (1), the accreditation agency shall submit to the authority a report along with audited statement of accounts in a form specified by regulations, within a period of ninety days after the end of each financial year, giving a true and full account of its activities, policy and programmes in regard to accreditation of higher educational institutions by the agency during the previous financial yearclause 48—this clause empowers the central government to issue directions on questions of policy it provides that without prejudice to the foregoing provisions of the proposed legislation, the authority shall be bound by such directions on questions of policy, other than those relating to technical and administrative matters, in exercise of its powers or the performance of its functions under the proposed legislation, as the central government may give in writing to it from time to time it further provides that the authority shall, as far as practicable, be given an opportunity to express its views before any direction is given to it sub-clause (2) provides that the decision of the central government on whether a question is one of policy or not shall be finalclause 49—this clause empowers the central government to exempt any class or classes of higher educational institutions from the provisions of the proposed legislation it provides that if the central government is of opinion that it is necessary or expedient in the interests of the general public so to do, or for advancement of knowledge, it may, by notification and subject to such conditions as may be specified in the notification, exempt any class or classes of higher educational institutions from the operation of' all or any of the provisions of this act and may, as often as may be necessary, revoke or modify such notificationclause 50—this clause empowers the central government to supersede the authority for specified reasons it provides that if at anytime the central government is of the opinion that on account of circumstances beyond the control of the authority, it is unable to discharge the functions or perform the duties imposed on it by or under the provisions of the proposed legislation or that the authority has persistently made default in complying with any direction given by the central government under the proposed legislation or in the discharge of the functions or performance of the duties imposed on it by or under the provisions of the proposed legislation or that circumstances exist which render it necessary in the public interest so to do, the central government may, by notification and for reasons to be specified therein, supersede the authority for such period, not exceeding six months, as may be specified in the notification it also provides that before issuing any such notification, the central government shall give a reasonable opportunity to the authority to make representation against the proposed supersession and shall consider representations, if any, of the authority sub-clause (2) provides that upon the publication of a notification superseding the authority, the chairperson and other members shall, as from the date of supersession, vacate their offices as such and all the powers, functions and duties which may, by or under the provisions of the proposed legislation, be exercised or discharged by or on behalf of the authority shall be exercised and discharged by the central government or such authority as the central government may specify in this behalf until the authority is reconstituted under sub-clause (3), and all properties owned or controlled by the authority shall, until the authority is reconstituted under sub-clause (3), vest in the central government sub-clause (3) provides for the reconstitution of the authority and states that on or before the expiration of the period of supersession specified in the notification, the central government shall reconstitute the authority by a fresh appointment of its chairperson and other members and in such case any person who had vacated his office at the time of its supersession shall not be deemed to be disqualified for re-appointment sub-clause (4) requires the central government to cause the notification issued for supersession of the authority accompanied with a full report of any action taken under this clause and the circumstances leading to the action, to be laid before each house of parliament at the earliestclause 51—this clause provides bar of jurisdiction of civil court it provides that no court shall have jurisdiction to entertain any dispute or proceeding in respect of any matter which the authority or the national educational tribunal is empowered by or under the proposed legislation to determine, and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under the proposed legislationclause 52 —this clause provided that the chairperson, other members and the officers and other employees of the authority shall be deemed to be public servants within the meaning of section 21 of the indian penal codeclause 53 —this clause seeks to provide protection to the central government, the chairperson and other members of the authority for anything which is in good faith done or intended to be done in pursuance of the proposed legislation or any rule or regulation made thereunder in the discharge of official dutiesclause 54—this clause provides that subject to the provisions of the university grants commission act, 1956, the provisions of the proposed legislation shall have overriding effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than the proposed legislationclause 55—this clause provides that the provisions of the proposed legislation shall be in addition to, and not in derogation of, the provisions of any other law for the time being in forceclause 56—this clause empowers the central government to make rules, by notification in the official gazette, for carrying out the provisions of the proposed legislation it further specifies the matter for which the central government may make rulesclause 57—this clause empowers the authority to make regulations, by notification in the official gazette, for carrying out the provisions of the proposed legislation it further specifies the matter for which the authority may make regulationsclause 58—this clause provides that the every rule made by the central government, every regulation made by the authority and every notification issued under clause 49 for supersession of the authority shall be laid before each house of parliamentclause 59—this clause provides for provisions for removal of difficulties it provides that if any difficulty arises in giving effect to the provisions of the proposed legislation, the central government, may, by order published in the official gazette, make such provisions, not inconsistent with the provisions of the proposed legislation as may appear to it to be necessary for removing the difficulty it further provides that such order shall be made within a period of two years from the date of commencement of the proposed legislation it also provides that every order made under this clause shall be laid, as soon as may be after it is made, before each house of parliament financial memorandumclause 5 of the bill provides for the establishment of the national accreditation regulatory authority for higher educational institution to exercise the powers conferred on it by or under the proposed legislation clause 6 of the bill provides that the said authority shall consist of a chairperson and four other members sub-clause (2) of clause 9 of the bill provides that the salaries and allowances payable to, and the other terms and conditions of service of the chairperson and other members shall be determined by the central government by rules made by it sub-clause (1) of clause 15 of the bill empowers the central government to determine the nature and categories of officers and other employees required to assist the said authority sub-clause (3) of said clause provides that the salaries and allowances payable to, and the other terms and conditions of service of, the officers and other employees of the said authority shall be such as may be prescribed2 on a representation basis, the recurring annual expenditure on salary of the chairperson, members and officers and other employees of the authority and other administrative expenses is estimated to be ten crore rupees and one-time capital investment is estimated to be about one crore fifty lakh rupees the manpower requirement and the total financial implication in terms of recurring and non-recurring expenditure would however, be determined after the appointment of the chairperson and members of the proposed authority hence, it would be difficult to work out the exact expenditure, both recurring and non-recurring at this stage memorandum regarding delegated legislationclause 56 of the bill empowers the central government to make, by notification in the official gazette, rules for carrying out the provisions of the proposed legislation sub-clause (2) specifies the matters in respect of which such rules may be made these matters, inter alia, include—(a) the manner of nomination of experts in the concerned field of knowledge to the selection committee under sub-section (3) of section 8; (b) the term of selection committee and the manner of selection of panel of names under sub-section (4) of section 8; (c) the salaries and allowances payable to, and the other terms and conditions of service of, the chairperson and other members of the authority under sub-section (2) of section 9; (d) the other disqualifications for removal of the chairperson or other members under clause (i) of sub-section (1) of section 10; (e) the procedure for the inquiry under subsection (4) of section 10; (f) the salaries and allowances payable to, and other terms and conditions of service of, the officers and other employees of the authority under subsection (3) of section 15; (g) the other functions which the authority may perform under clause (n) of sub-section (2) of section 16; (h) the fees and remuneration payable to, the period, qualifications and experience of, and the manner in which the authority may engage experts under section 17; (i) the form and manner in which an appeal may be preferred and the documents to be accompanied with it and the fees payable therewith under section 28; (j) the form for maintaining proper accounts and other relevant records and the annual statement of accounts of the authority under sub-section (1) of section 34; (k) the form in which, and the time at which, the annual report of the authority shall be prepared under section 35; (l) the information concerning the activities carried on by the authority or any accreditation agency or higher educational institution in matters concerning accreditation to be furnished to the central government under sub-section (1) of section 46; and (m) any other matter which is required to be, or may be, specified by rules or in respect of which provision is to be made by rules2 clause 57 of the bill empowers the national accreditation regulatory authority for higher educational institutions to make, by notification in the official gazette, regulations for carrying out the provisions of the proposed legislation sub-clause (2) specifies the matters in respect of which such regulations may be made these matters, inter alia, include—(a) the code of ethics and such other ethical principles to be adhered to by an accreditation agency under clause (h) of sub-section (1) of section 3; (b) the form and manner in which an application may be made and the documents to be accompanied with it and the fee payable therewith under sub-section (1) of section 20; (c) such other documents that an applicant has to submit along with his application for grant of certificate of registration as may be specified under clause (e) of sub-section (2) of section 20; (d) the infrastructure that an applicant shall possess for providing accreditation services under clause (d) of section 21; (e) the other conditions of eligibility for grant of certificate of registration under clause (k) of section 21; (f) the form and manner in which the public notice may be issued under sub-section (1) of section 22; (g) the manner of conducting public hearing by the authority under subsection (8) of section 22; (h) the fees payable and the period for which the certificate of registration granted to an accreditation agency may be renewed under sub-section (1) of section 24; (i) the procedure for grant of approval in respect of any change in the ownership structure or the memorandum of association of an accreditation agency under section 25; (j) the procedure for making amendment or alteration in the terms and conditions of the certificate of registration under section 26; (k) the form and manner in which an application may be made for accreditation of any higher education institution or any programme therein and the documents to be accompanied with it and the fee payable therewith under sub-section (1) of section 30; (l) the procedure and process to be followed by the accreditation agency for accreditation of any higher educational institution or any programme conducted therein under sub-section (2) of section 30;(m) the information concerning the activities carried on by the accreditation agency or the higher educational institutions to be furnished to the authority under sub-section (2) of section 46; (n) the time at which and the form and manner in which the returns and statements and particulars in regard to accreditation of higher educational institutions by the accreditation agency under sub-section (1) of section 47; (o) the form and manner in which the report, along with audited statement of accounts, giving a true and full account of activities, policy and programme in regard to accreditation of higher educational institutions by the accreditation agency under sub-section (2) of section 47; and (p) any other matter which is required to be, or may be, specified by regulation or in respect of which provision is to be made by regulations3 the rules made by the central government under clause 56 and regulations made by the authority under clause 57 of the bill, shall be laid, as soon as they are made, before both the house of parliament under clause 58 of the bill4 the matters in respect of which rules and regulations may be made are matter of procedure and administrative detail and it is not practicable to provide for them in the bill itself the delegation of legislative powers, therefore, of a normal character————— a billto make provisions for assessment of academic quality of higher educational institutions,programmes conducted therein and their infrastructure through mandatory accreditation by independent accreditation agencies and to establish a statutory authority for the said purpose and to provide for matters connected therewith or incidental thereto—————(shri kapil sibal, minister of human resource development) | Parliament_bills | 8a469df6-090e-5b94-a672-6f84eae5b68e |
bill no 117 of 2016 the constitution (amendment) bill, 2016 byshri pravesh verma, mp a billfurther to amend the constitution of indiabe it enacted by parliament in the sixty-seventh year of the republic of india as follows:—1 (1) this act may be called the constitution (amendment) act, 2016short title and commencement5(2) it shall come into force on such date as the central government may, by notification in the official gazette, appoint2 in article 243d of the constitution,—amendment of article 243d(i) in clause (3), for the words "not less than one-third", the words "not less than one-half" shall be substituted; and(ii) in clause (4), in the second proviso, for the words "not less than one-third", the words "not less than one-half" shall be substituted statement of objects and reasonsat present one third of the total number of seats are reserved for women in every panchayat, which is not adequate the bill, therefore, seeks to amend the constitution with a view to increase the number of seats reserved for women from existing 'one-third' to 'onehalf' to ensure increased participation of women in panchayatsit has been observed that wherever a woman is the chairperson of a panchayat, development works are taking place at a good pace but this provision is also inadequate to empower women the bill, therefore, also proposes that not less than one-half of the total number of offices of chairpersons in the panchayats at each level shall be reserved for womenhence this billnew delhi;pravesh vermaapril 13, 2016 annexure extracts from the constitution of india 243d (1) reservation of seats(2) not less than one-third of the total number of seats reserved under clause (1) shall be reserved for women belonging to the scheduled castes or, as the case may be, the scheduled tribes(3) not less than one-third (including the number of seats reserved for women belonging to the scheduled castes and the scheduled tribes) of the total number of seats to be filled by direct election in every panchayat shall be reserved for women and such seats may be allotted by rotation to different constituencies in a panchayat(4) the offices of the chairpersons in the panchayats at the village or any other level shall be reserved for the scheduled castes, the scheduled tribes and women in such manner as the legislature of a state may, by law, provide:provided that the number of offices of chairpersons reserved for the scheduled castes and the scheduled tribes in the panchayats at each level in any state shall bear, as nearly as may be, the same proportion to the total number of such offices in the panchayats at each level as the population of the scheduled castes in the state or of the scheduled tribes in the state bears to the total population of the state:provided also that not less than one-third of the total number of offices of chairpersons in the panchayats at each level shall be reserved for women: ———— a billfurther to amend the constitution of india————(shri pravesh verma, mp)gmgipmrnd—210ls(s3)—02-05-2016 | Parliament_bills | 91be0088-6add-5497-9327-b573fbeb246c |
the national commission for indian system of medicine bill, 2019—————— arrangement of clauses——————chapter i preliminary clauses1short title, extent and commencement2definitions chapter ii national commission for indian system of medicine3constitution of national commission for indian system of medicine4composition of commission5search committee for appointment of chairperson and members6term of office and conditions of service of chairperson and members7 removal of chairperson and members of commission8appointment of secretary, experts, professionals, officers and other employees ofcommission9meetings of commission10power and functions of commission chapter iii advisory council for indian system of medicine11constitution and composition of advisory council for indian system of medicine12functions of advisory council for indian system of medicine13meetings of advisory council for indian system of medicine chapter iv national examination14national eligibility-cum-entrance test15national exit test16post-graduate national entrance test17national teachers eligibility test for indian system of medicine chapter v autonomous boards18constitution of autonomous boards19composition of autonomous boards clauses20search committee for appointment of president and members21term of office and conditions of service of president and members22advisory committees of experts23staff of autonomous boards24 meetings, etc, of autonomous boards25delegation of powers26powers and functions of autonomous boards27powers and functions of board of ethics and registration for indian system of medicine28powers and functions of medical assessment and rating board for indian system of medicine29permission for establishment of new medical institution30state medical council31national register and state register of indian system of medicine32rights of persons to be enrolled in national register and their obligations thereto33rights of persons to practice chapter vi recognition of qualifications of indian system of medicine34recognition of qualifications granted by universities or medical institutions in india35recognition of medical qualifications granted by medical institutions outside india36withdrawal of recognition or de-recognition of qualification37special provision in certain cases for recognition of qualifications chapter vii grants, audit and accounts38grants by central government39national commission fund for indian system of medicine40audit and accounts41furnishing of returns and reports to central government chapter viii miscellaneous42power of central government to give directions to commission and autonomous boards43power of central government to give directions to state governments44information to be furnished by commission and publication thereof45obligation of universities and medical institutions46completion of courses of studies in medical institutions clauses47chairperson, members, officers of commission and of autonomous boards to be public servants48protection of action taken in good faith49cognizance of offences50power of central government to supersede commission51joint sittings of commission, national commission for homoeopathy, national commission for yoga and naturopathy and national medical commission52state government to promote primary healthcare in rural areas53power to make rules54power to make regulations55rules and regulations to be laid before parliament56power to remove difficulties57repeal and saving58transitory provisionsbill no i of 2019 the national commission for indian system of medicine bill, 2019 a billto provide for a medical education system that improves access to quality and affordable medical education, ensures availability of adequate and high quality medical professionals of indian system of medicine in all parts of the country; that promotes equitable and universal healthcare that encourages community health perspective and makes services of such medical professionals accessible to all the citizens; that promotes national health goals; that encourages such medical professionals to adopt latest medical research in their work and to contribute to research; that has an objective periodic and transparent assessment of medical institutions and facilitates maintenance of a medical register of indian system of medicine for india and enforces high ethical standards in all aspects of medical services; that is flexible to adapt to the changing needs and has an effective grievance redressal mechanism and for matters connected therewith or incidental thereto be it enacted by parliament in the sixty-ninth year of the republic of india as follows:— chapter i preliminary(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, appoint:5provided that different dates may be appointed for different provisions of this act and any reference in any such provision to the commencement of this act shall be construed as a reference to the coming into force of that provision2 in this act, unless the context otherwise requires,—definitions(a) "autonomous board" means any of the autonomous boards constituted under section 18;10(b) "board of ayurveda" means the board constituted under section 18; (c) "board of ethics and registration for indian system of medicine" means the board constituted under section 18;(d) "board of unani, siddha and sowa-rigpa" means the board constituted under section 18;15(e) "chairperson" means the chairperson of the national commission for indian system of medicine appointed under section 5;(f) "commission" means the national commission for indian system of medicine constituted under section 3;20(g) "council" means the advisory council for indian system of medicine constituted under section 11;(h) "indian system of medicine" means the ashtang ayurveda, unani, siddha and sowa-rigpa systems of medicine whether supplemented or not by such modern advances as the commission may, in consultation with the central government, declare by notification from time to time;25(i) "licence" means a licence to practice any of the indian system of medicine granted under sub-section (1) of section 32;(j) "medical assessment and rating board for indian system of medicine"means the board constituted under section 18;30(k) "medical institution" means any institution within or outside india which, grants degrees, diplomas or licences in indian system of medicine and includes affiliated colleges and deemed to be universities;(l) "member" means a member of the commission appointed under section 5and includes the chairperson thereof;35(m) "national register" means a national medical register for indian system of medicine maintained by the board of ethics and registration for indian system of medicine under section 31;(n) "notification" means a notification published in the official gazette and the expression "notify" shall be construed accordingly;(o) "prescribed" means prescribed by rules made under this act;40(p) "president" means the president of an autonomous board appointed under section 20;(q) "regulations" means the regulations made by the commission under this act;45(r) "state medical council" means a state medical council of indian system of medicine constituted under any law for the time being in force in any state or union territory for regulating the practice and registration of practitioners of indian system of medicine in that state or union territory;(s) "state register" means a state register for indian system of medicine maintained under any law for the time being in force in any state or union territory for registration of practitioners of indian system of medicine;5(t) "university" shall have the same meaning as assigned to it in clause (f) of section 2 of the university grants commission act, 1956 and includes a health university3 of 1956 chapter ii national commission for indian system of medicine103 (1) the central government shall, by notification, constitute a commission, to be known as the national commission for indian system of medicine, to exercise the powers conferred upon, and to perform the functions assigned to it, under this actconstitution of national commission for indian system of medicine(2) the commission 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, and to contract, and shall, by the said name, sue or be sued15(3) the head office of the commission shall be at new delhi 4 (1) the commission shall consist of the following persons, namely:––(a) a chairperson;composition of commission(b) twelve ex-officio members; and(c) sixteen part-time members2025(2) the chairperson shall be a person of outstanding ability, proven administrativecapacity and integrity, possessing a postgraduate degree in any of the disciplines of indian system of medicine from a recognised university and having experience of not less than twenty years in any field of indian system of medicine, out of which at least ten years shall be as a leader in the area of healthcare delivery, growth and development of indian system of medicine or its education(3) the following persons shall be appointed by the central government as ex-officio members of the commission, namely:—(a) the president of the board of ayurveda; (b) the president of the board of unani, siddha and sowa-rigpa;30(c) the president of the medical assessment and rating board for indian systemof medicine;(d) the president of the board of ethics and registration for indian system ofmedicine;35(e) advisor (ayurveda) or joint secretary to the government of india in-chargeof ayurveda and advisor (unani) or joint secretary to the government of india in-charge of unani, in the ministry of ayush;(f) the director, all india institute of ayurveda, new delhi; (g) the director, national institute of siddha, chennai; (h) the director, national institute of unani, bengaluru;40(i) the director, north eastern institute on ayurveda and homoeopathy, shillong; (j) the director, institute of post graduate teaching and research in ayurveda,jamnagar; and(k) the director, national institute of ayurveda, jaipur(4) the following persons shall be appointed by the central government as part-time members of the commission, namely:—5(a) four members to be appointed from amongst persons of ability, integrity and standing, who have special knowledge and professional experience in any of the disciplines of indian system of medicine, sanskrit, management, law, health research, science and technology and economics;(b) six members to be appointed on rotational basis from amongst the nominees of the states and union territories in the advisory council for indian system of medicine for a term of two years in such manner as may be prescribed;10(c) three members, to be elected by the registered medical practitioners of ayurveda, and one member each to be elected by the respective registered medical practitioners of siddha, unani and sowa-rigpa, of the indian system of medicine, from amongst themselves, from such regional constituencies, and in such manner, as may be prescribed:15provided that no member shall either himself or through any of his family members, directly or indirectly, own or be associated with or have any dealings with the managing body of a private or non-government medical institution which is regulated under this actexplanation––for the purpose of this section and section 19, the term "leader"means the head of a department or the head of an organisation205 (1) the central government shall appoint the chairperson, referred to in section 4and the president of the autonomous board referred to in section 20 on the recommendation of a search committee consisting of —(a) the cabinet secretary—chairperson;25search committee for appointment of chairperson and members(b) two experts, possessing outstanding qualifications and experience of not less than twenty-five years in any of the fields of indian system of medicine, to be nominated by the central government—members;30(c) one expert, from amongst the members referred in clause (c) of sub-section (4) of section 4, to be nominated by the central government in such manner as may be prescribed—member;(d) one person, possessing outstanding qualifications and experience of not less than twenty-five years in the field of sanskrit, health research, management, law, economics or science and technology, to be nominated by the central government— member;35(e) the secretary to the government of india in charge of the ministry of ayush, to be the convenor—member:40provided that for selection of part-time members of the commission referred to in clause (a) of sub-section (4) of section 4, the secretary referred to section 8 and other members of the boards referred to in section 20, the search committee shall consist of members specified in the clause (b) to (d) and joint secretary to the government of india in the ministry of ayush as convenor-member and chaired by secretary to the government of india in charge of the ministry of ayush45(2) the central government shall, within one month from the date of occurrence of any vacancy, including by reason of death, resignation or removal of the chairperson or a member, or within three months before the end of tenure of the chairperson or member, make a reference to the search committee for filling up of the vacancy(3) the search committee shall recommend a panel of at least three names for every vacancy referred to it50(4) before recommending any person for appointment as the chairperson or a member of the commission, the search committee shall satisfy itself that such person does not have any financial or other interest which is likely to affect prejudicially his functions as such chairperson or member(5) no appointment of the chairperson or member shall be invalid merely by reason of any vacancy or absence of a member in the search committee(6) subject to the provisions of sub-sections (2) to (5), the search committee may regulate its own procedure56 (1) the chairperson and members (other than ex officio members) and members appointed under clause (b) of sub- section (4) of section 4 shall hold office for a term not exceeding four years and shall not be eligible for any extension or re-appointment:term of office and conditions of service of chairperson and membersprovided that such person shall cease to hold office after attaining the age of seventy years(2) the term of office of an ex officio member shall continue as long as he holds the office by virtue of which he is such member10(3) where a member, other than an ex officio member, is absent from three consecutive ordinary meetings of the commission and the cause of such absence is not attributable to any valid reason in the opinion of the commission, such member shall be deemed to have vacated the seat15(4) the salary and allowances payable to and other terms and conditions of service of the chairperson and member, other than an ex officio member, shall be such as may be prescribed(5) the chairperson or a member may,––(a) relinquish his office by giving in writing a notice of not less than three months to the central government; or20(b) be removed from his office in accordance with the provisions of section 7:provided that such person may be relieved from duties earlier than three months or allowed to continue beyond three months until a successor is appointed, if the central government so decides25(6) the chairperson and every member of the commission shall make declaration of his assets and liabilities at the time of entering upon his office and at the time of demitting his office and also declare his professional and commercial engagement or involvement, in such form and manner as may be prescribed, and such declaration shall be published on the website of the commission30(7) the chairperson or a member, ceasing to hold office as such, shall not accept, for a period of two years from the date of demitting such office, any employment, in any capacity, including as a consultant or an expert, in any private medical institution of indian system of medicine or, whose matter has been dealt with by such chairperson or member, directly or indirectly:35provided that nothing contained herein shall be construed as preventing such person from accepting an employment in a body or institution including medical institution of indian system of medicine, controlled or maintained by the central government or a state government40(8) nothing in sub-section (7) shall prevent the central government from permitting the chairperson or a member to accept any employment in any capacity, including as a consultant or an expert, in any private medical institution of indian system of medicine, whose matter has been dealt with by such chairperson or member7 (1) the central government may by order, remove from office the chairperson or any other member, who—(a) has been adjudged an insolvent; or removal of chairperson and members of commission45(b) has been convicted of an offence which, in the opinion of the central government, involves moral turpitude; or(c) has become physically or mentally incapable of acting as the chairperson or a member; or(d) is of unsound mind and stands so declared by a competent court; or (e) has acquired such financial or other interest as is likely to affect prejudicially his functions as a member; or(f) has so abused his position as to render his continuance in office prejudicial to public interest; or5(2) no member shall be removed under clauses (e) and (f) of sub-section (1) unless he has been given a reasonable opportunity of being heard in the matter8 (1) there shall be a secretariat for the commission to be headed by a secretary, to be appointed by the central government in accordance with the provisions of section 510(2) the secretary of the commission shall be a person of proven administrative capacity and integrity, possessing such qualifications and experience as may be prescribedappointment of secretary, experts, professionals, officers and other employees of commission(3) the secretary shall be appointed by the central government for a term of four years and he shall not be eligible for any extension or re-appointment15(4) the secretary shall discharge such functions of the commission as are assigned to him by the commission and as may be specified by regulations made under this act(5) the commission may appoint such officers and other employees, as it considers necessary, against the posts created by the central government for the efficient discharge of its functions under this act20(6) the salaries and allowances payable to, and other terms and conditions of service of the secretary, officers and other employees of the commission shall be such as may be prescribed25(7) the commission may engage, in accordance with the procedure specified by regulations, such number of experts and professionals of integrity and outstanding ability, who have special knowledge of indian system of medicine, and experience in fields including medical education in indian system of medicine, public health, management, economics, quality assurance, patient advocacy, health research, science and technology, administration, finance, accounts or law as it deems necessary, to assist the commission in the discharge of its functions under this actmeetings of commission309 (1) the commission shall meet at least once every quarter at such time and place as may be appointed by the chairperson(2) the chairperson shall preside at the meeting of the commission and if, for any reason, the chairperson is unable to attend a meeting of the commission, any member being the president of the autonomous boards, nominated by the chairperson shall preside at the meeting3540(3) unless the procedure to be followed at the meetings of the commission is otherwise provided by regulations, one-half of the total number of members of the commission including the chairperson shall constitute the quorum and all decisions of the commission shall be taken by a majority of the members, present and voting and in the event of equality of votes, the chairperson or in his absence, the president of the autonomous board nominated under sub-section (2), shall have the casting vote(4) the general superintendence, direction and control of the administration of the commission shall vest in the chairperson(5) no act or proceeding of the commission shall be invalid merely by reason of—(a) any vacancy in, or any defect in the constitution of, the commission; or45(b) any defect in the appointment of a person acting as a chairperson or as amember(6) a person who is aggrieved by any decision of the commission may prefer an appeal to the central government against such decision within thirty days of the communication of such decision10 (1) the commission shall perform the following functions, namely:—5power and functions of commission(a) lay down policies for maintaining a high quality and high standards ineducation of indian system of medicine and make necessary regulations in this behalf;(b) lay down policies for regulating medical institutions, medical researches andmedical professionals and make necessary regulations in this behalf;10(c) assess the requirements in healthcare, including human resources for healthand healthcare infrastructure and develop a road map for meeting such requirements;(d) frame guidelines and lay down policies by making such regulations as maybe necessary for the proper functioning of the commission, the autonomous boards and the state medical councils of indian system of medicine;(e) ensure coordination among the autonomous boards;15(f) take such measures, as may be necessary, to ensure compliance by the statemedical councils of indian system of medicine of the guidelines framed and regulations made under this act for their effective functioning under this act;(g) exercise appellate jurisdiction with respect to decisions of the autonomousboards;20(h) ensure observance of professional ethics in medical profession and to promoteethical conduct during the provision of care by medical practitioners;(i) exercise such other powers and perform such other functions as may beprescribed25(2) all orders and decisions of the commission shall be authenticated by signature of the secretary and the commission may delegate such of its powers on administrative and financial matters, as it deems fit, to the secretary(3) the commission may constitute sub-committees and delegate such of its powers to them as may be necessary to enable them to accomplish specific tasks chapter iii advisory council for indian system of medicine3011 (1) the central government shall, by notification, constitute an advisory body to be known as the advisory council for indian system of medicine(2) the council shall consist of a chairperson and the following members, namely:—35| ( ||---------------|| council; || constitution || and || composition || of advisory || council for || indian system || of medicine |(b) every member of the commission shall be ex officio member of the council;40(c) one member, to represent each state, who is the vice-chancellor of a universityin that state, to be nominated by that state government, and one member to represent each union territory, who is the vice-chancellor of a university in that union territory, to be nominated by the ministry of home affairs in the government of india:provided that the state government or the ministry of home affairs in the government of india, as the case may be, shall nominate the vice-chancellor of the university in that state or union territory which has the largest number of colleges for indian system of medicine affiliated to it;45(d) four members to be nominated by the central government from amongstpersons holding the post of director in the indian institutes of technology, indian institutes of management and the indian institute of science12 (1) the council shall be the primary platform through which the states and union territories may put forth their views and concerns before the commission and help in shaping the overall agenda, policy and action relating to medical education, training and researchfunctions of advisory council for indian system of medicine5(2) the council shall advise the commission on measures to determine and maintain, and to coordinate maintenance of, the minimum standards in all matters relating to medical education, training and research(3) the council shall advise the commission on measures to enhance equitable access to medical education1013 (1) the council shall meet at least twice a year at such time and place as may be decided by the chairpersonmeetings of advisory council for indian system of medicine(2) the chairperson shall preside at the meeting of the council and if for any reason the chairperson is unable to attend a meeting of the council, such other member as nominated by the chairperson shall preside over the meeting15(3) unless the procedure is otherwise provided by regulations, one-half of the members of the council including the chairperson shall form the quorum and all acts of the council shall be decided by a majority of the members present and voting chapter iv national examination2014 (1) there shall be a uniform national eligibility-cum-entrance test for admission to the undergraduate courses in each of the disciplines of the indian system of medicine in all medical institutions governed under this act:national eligibility- cum-entrance testprovided that national eligibility-cum-entrance test shall be exempted for students who have taken admission in––(i) pre-tib for bachelor of unani medicine and surgery; and (ii) pre-ayurveda for bachelor of ayurvedic medicine and surgery25(2) the commission shall conduct the national eligibility-cum-entrance test in english and in such other languages, through such designated authority and in such manner, as may be specified by regulations30(3) the commission shall specify by regulations the manner of conducting common counselling by the designated authority for admission to all the medical institutions governed under this act: provided that the common counselling shall be conducted by the designated authority of––(i) the central government, for all india seats; and35(ii) the state government, for the remaining seats at the state levelnational exit test15 (1) a common final year undergraduate medical examination, to be known as the national exit test, shall be held for granting licence to practice as medical practitioner of respective disciplines of indian system of medicine and for enrolment in the state register or national register, as the case may be40(2) the commission shall conduct the national exit test for indian system of medicine in english and in such other languages, through such designated authority and in such manner as may be specified by regulations(3) the national exit test shall become operational on such date, within three years from the date on which this act comes into force, as may be appointed by the central government, by notification45 post-graduate national entrance test16 (1) a uniform post-graduate national entrance test shall be conducted separately for admission to postgraduate courses in each discipline of the indian system of medicine in all medical institutions governed under this act5(2) the commission shall conduct the national entrance test for admission to postgraduate courses in english and in such other languages, through such designated authority and in such manner, as may be specified by regulations(3) the commission shall specify by regulations the manner of conducting common counselling by the designated authority for admission to the postgraduate seats in all medical institutions governed under this act1017 (1) a national teachers' eligibility test shall be conducted separately for the postgraduates of each discipline of indian system of medicine who desire to take up teaching profession in that disciplinenational teachers eligibility test for indian system of medicine15(2) the commission shall conduct the national teachers' eligibility test for indian system of medicine through such designated authority and in such manner as may be specified by regulations(3) the national teachers' eligibility test for indian system of medicine shall become operational on such date, within three years from the date on which this act comes into force, as may be notified by the central government:20provided that nothing contained in this section shall apply to the teachers appointed prior to the date notified under sub-section (3) chapter v autonomous boards2518 (1) the central government shall, by notification, constitute the following autonomous boards, under the overall supervision of the commission, to perform the functions assigned to such boards under this act, namely:—constitution of autonomous boards(a) the board of ayurveda; (b) the board of unani, siddha and sowa-rigpa;(c) the medical assessment and rating board for indian system of medicine;and(d) theboard of ethics and registration for indian system of medicine30(2) each board referred to in sub-section (1) shall be an autonomous body which shall carry out its functions under this act in accordance with the regulations made by the commission19 (1) the composition of the autonomous boards shall be as under, namely:––35(a) the board of ayurveda shall consist of a president and four members from the ayurveda discipline of indian system of medicine;composition of autonomous boards(b) the board of unani, siddha and sowa-rigpa shall consist of a president and two members from each of the unani, siddha and sowa-rigpa disciplines of indian system of medicine;40(c) the medical assessment and rating board for indian system of medicine shall consist of a president and eight members:45provided that the president and six out of eight members shall be chosen from the ayurveda, siddha, sowa-rigpa and unani disciplines of indian system of medicine in such manner that at least one member represent seach such discipline separately, and the remaining two members shall be chosen from any of the disciplines of management, quality assurance, law or science and technology;(d) the board of ethics and registration for indian system of medicine shall consist of a president and eight members:provided that the president and six out of eight members shall be chosen from the ayurveda, siddha, sowa-rigpa and unani disciplines of indian system of medicine50in such manner that at least one member represents each such discipline separately, and the remaining two members shall be chosen from any of the disciplines of quality assurance, public health, law or patient advocacy5(2) the president and members of the autonomous boards to be chosen under sub-section (1) shall be persons of outstanding ability, proven administrative capacity and integrity, possessing postgraduate degree in respective disciplines from a recognised university and having experience of not less than fifteen years in respective fields, out of which at least seven years shall be as a leader:10provided that seven years as leader in the case of the president and member from indian system of medicine shall be in the area of health, growth and development of education in indian system of medicine20 the central government shall appoint the president and members of the autonomous boards on the basis of the recommendations made in accordance with the procedure specified in section 5 by the search committee constituted thereundersearch committee for appointment of president and members1521 (1) the president and members of each autonomous board shall hold the office for a term not exceeding four years and shall not be eligible for any extension or re-appointment:term of office and conditions of service of president and membersprovided that such person shall cease to hold office after attaining the age of seventy years20(2) the salary and allowances payable to, and other terms and conditions of service of, the president and members of an autonomous board shall be such as may be prescribed(3) the provisions contained in sub-sections (3), (5), (6), (7) and (8) of section 6relating to the terms and conditions of service of, and in section 7 relating to removal from office, the chairperson and members of the commission shall also be applicable to the president and members of the autonomous boards25advisory committees of experts22 (1) each autonomous board, except the board of ethics and registration forindian system of medicine, shall be assisted by such advisory committees of experts, as may be constituted by the commission, for the efficient discharge of the functions of such boards under this act30(2) the board of ethics and registration for indian system of medicine shall be assisted by such ethics committees of experts, as may be constituted by the commission, for the efficient discharge of the functions of that board under this actstaff of autonomous boards23 the experts, professionals, officers and other employees appointed under section8 shall be made available to the autonomous boards in such number and in such manner, as may be specified by regulations made by the commission3524 (1) every autonomous board shall meet at least once a month at such time andplace as it may appointmeetings, etc, of autonomous boards(2) subject to such regulations as may be made in this behalf, all decisions of theautonomous boards shall be made by consensus and if consensus is not possible, decision shall be made by majority of votes of the president and members40(3) a person who is aggrieved by any decision of an autonomous board may prefer anappeal to the commission against such decision within sixty days of the communication of such decisiondelegation of powers4525 (1) the commission may delegate all or any of its administrative and financialpowers to the president of each autonomous board to enable such board to function smoothly and efficiently(2) the president of an autonomous board may further delegate any of his powers to a member or officer of that board5powers and functions of autonomous boards26 (1) the board of ayurveda, in respect of the discipline of ayurveda, and the board of unani, siddha and sowa-rigpa, in respect of the disciplines of unani, siddha and sowa- rigpa, of the indian system of medicine, shall perform the following functions in respect of their respective disciplines, namely:—(a) determine the standards of education at the undergraduate, postgraduateand super-speciality levels and oversee all aspects relating thereto;10(b) develop a competency based dynamic curriculum at all levels in accordancewith the regulations made under this act, in such manner that it develops appropriate skill, knowledge, attitude, values and ethics among the postgraduate and superspeciality students and enables them to provide healthcare, to impart medical education and to conduct medical research;15(c) frame guidelines on setting up of medical institutions for impartingundergraduate, postgraduate and super-speciality courses in ayurveda, unani, siddha and sowa- rigpa, having regard to the needs of the country, the global norms and the regulations made under this act20(d) determine minimum requirements and standards for conducting of coursesand examinations in medical institutions, having regard to the needs of creativity at local levels and the regulations made under this act;(e) determine standards and norms for infrastructure, faculty and quality ofeducation and research in medical institutions of indian system of medicine, in accordance with the regulations made under this act;25(f) specify norms for compulsory annual disclosure, electronically or otherwise,by medical institutions of indian system of medicine in respect of their functions that has a bearing on the interest of various stakeholders including students, faculty, the commission and the government;(g) facilitate development and training of faculty members; (h) facilitate research programmes; (i) grant recognition to medical qualifications at all levels30(2) the board of ayurveda and the board of unani, siddha and sowa-rigpa may, in the discharge of their functions, make such recommendations to, and seek such directions from, the commission, as it deems necessary27 (1) the board of ethics and registration for indian system of medicine shall perform the following functions, namely:––35(a) maintain a national register of all licensed practitioners of indian system of medicine in accordance with the provisions of section 31;powers and functions of board of ethics and registration for indian system of medicine(b) regulate professional conduct and promote medical ethics in accordancewith the regulations made under this act:40provided that the board of ethics and registration for indian system of medicineshall ensure compliance with the code of professional and ethical conduct through the state medical council, in a case where such state medical council has been conferred power to take disciplinary actions in respect of professional or ethical misconduct by medical practitioners under respective state acts45(c) develop mechanisms to have continuous interaction with state medicalcouncils of indian system of medicine to effectively promote and regulate the conduct of medical practitioners of indian system of medicine;(2) the board of ethics and registration for indian system of medicine may, in the discharge of its functions, make such recommendations to, and seek such directions from, the commission, as it deems necessary28 (1) the medical assessment and rating board for indian system of medicine shall perform the following functions, namely:––5powers and functions of medical assessment and rating board for indian system of medicine(a) determine the procedure for assessment and rating of medical institutions on the basis of their compliance with the standards laid down by the board of ayurveda or, as the case may be, the board of unani, siddha and sowa-rigpa, in accordance with the regulations made under this act;10(b) grant permission for establishment of a new medical institution in accordance with the provisions of section 29;(c) carry out inspections of medical institutions for assessing and rating such institutions in accordance with the regulations made under this act:15provided that the medical assessment and rating board for indian system of medicine may, if it deems necessary, hire and authorise any other third party agency or persons for carrying out inspections of medical institutions for assessing and rating such institutions:20provided further that where inspection of medical institutions is carried out by such third party agency or persons authorised by the medical assessment and rating board for indian system of medicine, it shall be obligatory on such institutions to provide access to such agency or person;(d) conduct, or where it deems necessary, empanel independent rating agencies to conduct, assess and rate all medical institutions, within such period of their opening, and every year thereafter, at such time, and in such manner, as may be specified by regulations;25(e) make available on its website or in public domain, the assessment and ratings of medical institutions at regular intervals, in accordance with the regulations made under this act;30(f) take such measures, including issuing warning, imposition of monetary penalty, reducing intake or stoppage of admissions and recommending to the commission for withdrawal of recognition, against a medical institution for its failure to maintain the minimum essential standards specified by the board of ayurveda or, as the case may be, the board of unani, siddha and sowa-rigpa, in accordance with the regulations made under this act35(2) the medical assessment and rating board for indian system of medicine may, in the discharge of its functions, make such recommendations to, and seek such directions from, the commission, as it deems necessary29 (1) no person shall establish a new medical institution without obtaining prior permission of the medical assessment and rating board for indian system of medicine40permission for establishment of new medical institutionexplanation–– for the purpose of this sub-section, the term "person" includes any university, trust or any other body, but does not include the central government45(2) for the purpose of obtaining permission under sub-section (1), a person may submit a scheme to the medical assessment and rating board for indian system of medicine in such form, containing such particulars, accompanied by such fee, and in such manner, as may be specified by regulations(3) while considering the scheme received under sub-section (2), the medical assessment and rating board for indian system of medicine shall have regard to the standards of education and research, the standards and norms for infrastructure and faculty, the guidelines on setting up of medical institutions and other requirements determined by the board of ayurveda or, as the case may be, the board of unani, siddha and sowa-rigpa under section 26, and pass an order either approving or disapproving the scheme within six months from the date of receipt of such scheme:5provided that no scheme shall be disapproved without giving a reasonable opportunity of being heard to the person concerned(4) where a scheme is approved under sub-section (3), such approval shall be the permission under sub-section (1) to establish a new medical institution10(5) where a scheme is disapproved under sub-section (3), or where no order is passed within six months of submitting a scheme under sub-section (2), the person concerned may prefer an appeal to the commission within fifteen days of such disapproval or, as the case may be, after lapse of six months, in such manner as may be specified by regulations15(6) where the commission has disapproved the scheme or no order has been passed within forty-five days from the date of preferring appeal under sub-section (5), the person concerned may prefer a second appeal to the central government within thirty days of communication of such disapproval or, as the case may be, lapse of specified period of fortyfive days20(7) the medical assessment and rating board for indian system of medicine may conduct evaluation and assessment of any university or medical institution at any time, either directly or through any other expert, without any prior notice and assess and evaluate the performance, standards and benchmarks of such university or medical institutionstate medical council30 (1) the state government shall, by notification, within three years of the commencement of this act, establish a state medical council for indian system of medicine in that state if no such council exists in that state25(2) where a state act confers power upon the state medical council to take disciplinary actions in respect of any professional or ethical misconduct by a registered practitioner of indian system of medicine, the state medical council shall act in accordance with the regulations made, and the guidelines framed, under this act:30provided that till such time as a state medical council for indian system of medicine is established in a state, the board of ethics and registration for indian system of medicine shall receive the complaints and grievances relating to any professional or ethical misconduct against a registered practitioner of indian system of medicine in that state in accordance with such procedure as may be specified by regulations:35 provided further that the board of ethics and registration for indian system of medicine or, as the case may be, the state medical council shall give an opportunity of hearing to such practitioner before passing any order or taking any action, including imposition of any monetary penalty, against such person(3) a practitioner of indian system of medicine who is aggrieved by the order passed or the action taken by––40(a) the state medical council under sub-section (2) may prefer an appeal to the board of ethics and registration for indian system of medicine and the decision, if any, of the board of ethics and registration for indian system of medicine thereupon shall be binding on such state medical council, unless a second appeal is preferred under sub-section (4);45(b) the board of ethics and registration for indian system of medicine under the first proviso to sub-section (2) may prefer an appeal to the commission (4) a medical practitioner who is aggrieved against the decision of––(a) the board of ethics and registration for indian system of medicine, may prefer an appeal to the commission within sixty days of communication of such decision;(b) the commission, may prefer an appeal to the central government within thirty days of communication of such decision explanation:—for the purposes of this act,—5(a) "state" includes union territory and the expressions "state government"and "state medical council for indian system of medicine", in relation to a union territory, shall respectively mean the "central government" and "union territory medical council for indian system of medicine";(b) the expression "professional or ethical misconduct" includes any act of commission or omission, as may be specified by regulations1031 (1) the board of ethics and registration for indian system of medicine shall maintain a national register containing the name, address, all recognised qualifications possessed by a licensed medical practitioner of the indian system of medicine and such other particulars as may be specified by regulationsnational register and state register of indian system of medicine15(2) the national register shall be maintained in such form, including in electronic form and in such manner as may be specified by regulations(3) the manner in which any name or qualification may be added to, or removed from, the national register and the grounds for removal thereof, shall be such as may be specified by the regulations20(4) the national register shall be made available to the public by placing it on the website of the board of ethics and registration for indian system of medicine(5) every state medical council shall maintain and regularly update the state register in the specified electronic format and supply a physical copy of the same to the board of ethics and registration for indian system of medicine within three months of the commencement of this act25(6) the board of ethics and registration for indian system of medicine shall ensure electronic synchronization of the national register and the state register in such a manner that any change in one such register is automatically reflected in the other register3032 (1) any person who has a recognised qualification in indian system of medicine under this act and qualifies the national exit test held under section 15 shall be granted a licence to practice indian system of medicine and shall have his name and qualifications enrolled in the national register or a state register, as the case may be:rights of persons to be enrolled in national register and their obligations thereto48 of 197035provided that a person who has been registered in the central register of indian system of medicine maintained under the indian medicine central council act, 1970 prior to the coming into force of this act and before the national exit test becomes operational under sub-section (3) of section 15, shall be deemed to have been registered under this act and be enrolled in the national register maintained under this act40(2) no person who has obtained a qualification in indian system of medicine from a medical institution established in any country outside india and is recognised as a medical practitioner of indian system of medicine in that country, shall, after the commencement of this act and the national exit test for indian system of medicine becomes operational under sub-section (3) of section 15, be enrolled in the national register for indian system of medicine, unless he qualifies the national exit test for indian system of medicine45(3) when a person whose name is entered in the state register or the national register, as the case may be, obtains any title, diploma or qualification for proficiency in sciences or medicine which is a recognised qualification under section 34 or section 35, as the case may be, he shall be entitled to have such title, diploma or qualification entered against his name in the state register or the national register, in such manner as may be specified by regulations33 (1) no person other than a person who is enrolled in the state register or the national register, as the case may be, shall—rights of persons to practice(a) be allowed to practice indian system of medicine as a qualified practitioner; (b) hold office as a physician or surgeon or any other office, by whatever name called, which is meant to be held by a physician or surgeon, as the case may be;5(c) be entitled to sign or authenticate a medical or fitness certificate or any other certificate required by any law to be signed or authenticated by a duly qualified medical practitioner;1 of 187210(d) be entitled to give evidence at any inquest or in any court of law as an expert under section 45 of the indian evidence act, 1872 on any matter relating to indian system of medicine:provided that the commission may permit a qualified person to practice indian system of medicine without qualifying the national exit test, in such circumstances and for such period, as may be specified by regulations:15provided further that the commission shall submit a list of such practitioners tothe central government in such manner as may be prescribed:20provided also that a foreign citizen who is enrolled in his country as a practitioner of indian system of medicine in accordance with the law regulating the registration of such practitioners in that country may be permitted temporary registration in india for such period and in such manner as may be specified by regulations (2) any person who acts in contravention of the provisions of this section shall be punished with imprisonment for a term which may extend to one year, or with fine which may extend to five lakh rupees, or with both(3) nothing contained in this section shall affect––25(a) the right of a person enrolled in a state register as practitioner of indiansystem of medicine to practice in any state merely on the ground that he does not possess, as on the date of commencement of this act, a recognised medical qualification in the indian system of medicine;30(b) the privileges, including the right to practice any system of medicine, conferred by or under any law for the time being in force in a state on the practitioners of indian system of medicine enrolled in the state register of that state;35(c) the right of a person who has been practicing indian system of medicine for not less than five years in a state, to continue to practice in that state in which a state register of indian system of medicine is not maintained as on the date of commencement of this act chapter vi recognition of qualifications of indian system of medicine4034 (1) the medical qualifications in indian system of medicine at undergraduate or postgraduate or super-speciality level granted by any university or medical institution in india shall be listed and maintained by the board of ayurveda or the board of unani, siddha and sowa-rigpa, as the case may be, in such manner as may be specified by regulations and such medical qualification shall be a recognised medical qualification for the purposes of this actrecognition of qualifications granted by universities or medical institutions in india45(2) any university or medical institution in india which grants an undergraduate or postgraduate or super-speciality qualification in indian system of medicine not included in the list maintained by the board of ayurveda or the board of unani, siddha and sowa-rigpa, as the case may be, may apply to that board for granting recognition to such qualification(3) the board of ayurveda or the board of unani, siddha and sowa-rigpa, as the case may be, shall examine the application for grant of recognition to a qualification in indian system of medicine within a period of six months in such manner as may be specified by regulations5 10(4) where the board of ayurveda or the board of unani, siddha and sowa-rigpa, as the case may be, decides to grant recognition to the qualification in indian system of medicine, it shall include such qualification in the list maintained by it and shall also specify therein the date of effect of such recognition, otherwise it shall communicate its decision not to grant recognition to the medical qualification to the concerned university or medical institution(5) the aggrieved university or the medical institution may prefer an appeal to the commission within a period of sixty days from the date of communication of the decision of the board of ayurveda or the board of unani, siddha and sowa-rigpa, as the case may be, in such manner as may be specified by regulations15(6) the commission shall examine the appeal received under sub-section (5) within a period of two months and if it decides that recognition may be granted to such medical qualification, it may direct the concerned board to include such qualification in the list maintained by that board in such manner as may be specified by regulations20(7) where the commission decides not to grant recognition under sub-section (6) or fails to decide within the specified period, the aggrieved university or medical institution may prefer a second appeal to the central government within a period of thirty days from the date of communication of such decision or lapse of specified period, as the case may be2548 of 1970(8) all medical qualifications which have been recognised before the date of commencement of this act and are included in the second schedule and third schedule to the indian medicine central council act, 1970, shall also be listed and maintained by the board of ayurveda or the board of unani, siddha and sowa-rigpa, as the case may be, in such manner as may be specified by regulations3035 (1) where an authority in any country outside india which, by the law of that country is entrusted with the recognition of qualifications of indian system of medicine in that country, makes an application to the commission for granting recognition to such qualification in india, the commission may, subject to such verification as it deems necessary, either grant or refuse to grant recognition to that medical qualificationrecognition of medical qualifications granted by medical institutionsoutside india35(2) where the commission grants recognition to any medical qualification under sub-section (1), such qualification shall be a recognised qualification for the purposes of this act and shall be included in the list maintained by the commission in such manner as may be specified:provided that in case the commission decides not to grant recognition to any qualification, the commission shall give a reasonable opportunity of being heard to such authority before refusing to grant such recognition40(3) where the commission refuses to grant recognition to a medical qualification under sub-section (2), the authority concerned may prefer an appeal to the central government for grant of recognition4548 of 1970(4) all qualifications which have been recognised before the date of commencement of this act and are included in the fourth schedule to the indian medicine central council act, 1970 shall also be recognised medical qualifications for the purposes of this act and shall be listed and maintained by the commission in such manner as may be specified by the regulations36 (1)where, upon a report received from the medical assessment and rating board for indian system of medicine or otherwise, it appears to the commission that—withdrawal of recognition or de-recognition of qualification50(a) the courses of study and examination to be undergone in, or the proficiency required from candidates at any examination held by, a university or medical institution do not conform to the standards specified by the board of ayurveda or the board of unani, siddha and sowa-rigpa, as the case may be; or(b) the standards and norms for infrastructure, faculty and quality of education in medical institutions as determined by the board of ayurveda or the board of unani, siddha and sowa-rigpa, as the case may be, are not adhered to by any university or medical institution, and such university or medical institution has failed to take necessary corrective action to maintain specified minimum standards,510 15the commission may initiate action in accordance with the provisions of sub-section (2):provided that the commission shall, before, taking any action for suo motu withdrawal of recognition granted to the medical qualification awarded by a university or medical institution, impose penalty in accordance with the provisions of clause (f) of sub-section (l)of section 28(2) the commission shall, after making such further inquiry as it deems fit, and after holding consultations with the state government and the authority of the concerned university or medical institution, comes to the conclusion that the recognition granted to a medical qualification ought to be withdrawn, it may, by order, withdraw recognition granted to such medical qualification and direct the board of ayurveda or the board of unani, siddha and sowa-rigpa, as the case may be, to amend the entries against the university or medical institution concerned in the list maintained by that board to the effect that the recognition granted to such qualification is withdrawn with effect from the date specified in that order20(3) if the commission, after verification with the authority in any country outside india, is of the opinion that a recognised medical qualification which is included in the list maintained by it is to be de-recognised, it may, by order, de-recognise such medical qualification and remove it from the list maintained by the commission with effect from the date of such order2537 where the commission deems it necessary so to do, it may, by notification, direct that any qualification in indian system of medicine granted by a medical institution outside india, after such date, as may be specified in that notification, shall be recognised qualification for the purposes of this act:special provision in certain cases for recognition of qualifications30provided that medical practice by a person possessing such qualification shall be permitted only if such person has been enrolled as a medical practitioner in accordance with the law regulating the registration of medical practitioner for the time being in force in that country:provided further that medical practice by a person possessing such qualification shall be limited to such period as may be specified in that order:35provided also that medical practice by a person possessing such qualification shall be permitted only if such person qualifies national exit testchapter viigrants by central government40 grants, audit and accounts 38 the central government may, after due appropriation made by parliament by law in this behalf, make to the commission grants of such sums of money as the central government may think fit 39 (1) there shall be constituted a fund to be called "the national commission fund for indian system of medicine" and there shall be credited thereto—national commission fund for indian system of medicine45 (a) all government grants, fees, penalties and charges received by thecommission and the autonomous boards; (b) all sums received by the commission from such other source as may bedecided by it(2) the fund shall be applied for making payment towards––50(a) the salaries and allowances payable to the chairperson and members of thecommission, the presidents and members of the autonomous boards and the administrative expenses including the salaries and allowances payable to the officers and other employees of the commission and autonomous boards;(b) the expenses incurred or to be incurred in carrying out the provisions of this act including in connection with the discharge of the functions of the commission and the autonomous boardsaudit and accounts40 (1) the commission shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed, in consultation with the comptroller and auditor-general of india5(2) the accounts of the commission shall be audited by the comptroller and auditor-general of india at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the commission to the comptroller and auditor-general of india10(3) the comptroller and auditor-general of india and any other persons appointed by him in connection with the audit of the accounts of the commission shall have the same rights and privileges and authority in connection with such audit as the comptroller and auditor-general generally has in connection with the audit of government accounts and in particular, shall have the right to demand the production of, and complete access to, records, books, accounts, connected vouchers and other documents and papers and to inspect the office of the commission15(4) the accounts of the commission as certified by the comptroller and auditor-general of india or any other person appointed by him in this behalf, together with the audit report thereon, shall be forwarded annually by the commission to the central government which shall cause the same to be laid, as soon as may be after it is received, before each house of parliament2041 (1) the commission shall furnish to the central government, at such time, in such form and in such manner, as may be prescribed or as the central government may direct, such reports and statements and such particulars in regard to any matter under the jurisdiction of the commission, as the central government may, from time to time, requirefurnishing of returns and reports to central government25(2) the commission shall prepare, once every year, in such form and at such time as may be prescribed, an annual report, giving a summary of its activities during the previous year and copies of the report shall be forwarded to the central government(3) a copy of the report received under sub-section (2) shall be laid by the central government, as soon as may be after it is received, before each house of parliament chapter viii30 miscellaneous42 (1) without prejudice to the foregoing provisions of this act, the commission and the autonomous boards shall, in exercise of their powers and discharge of their functions under this act be bound by such directions on questions of policy as the central government may give in writing to them from time to time:35provided that the commission and the autonomous boards shall, as far as practicable, be given an opportunity to express their views before any direction is given under this sub-sectionpower of central government to give directions to commission and autonomous boards(2) the decision of the central government whether a question is one of policy or not shall be final4043 the central government may give such directions, as it may deem necessary, to a state government for carrying out all or any of the provisions of this act and the state government shall comply with such directionspower of central government to give directions to state governments45information to be furnished by commission and publication thereof44 (1) the commission shall furnish such reports, copies of its minutes, abstracts of its accounts and other information to the central government as that government may require(2) the central government may publish, in such manner as it may think fit, the reports, minutes, abstracts of accounts and other information furnished to it under sub-section (1)45 every university and medical institutions covered under this act shall maintain a website at all times and display in its website all such information as may be required by the commission or an autonomous board, as the case may beobligation of universities and medical institutions5completion of courses of studies in medical institutions1046 (1) notwithstanding anything contained in this act, any student who was studyingfor a degree or diploma in any medical institution immediately before the commencement of this act shall continue to so study and complete his course for such degree or diploma, and such institution shall continue to provide instructions and hold examination for such student in accordance with the syllabus and studies as existed before such commencement, and such student shall be deemed to have completed his course of study under this act and shall be awarded degree or diploma under this act15(2) notwithstanding anything contained in this act, where recognition granted to amedical institution has lapsed, whether by efflux of time or by its voluntary surrender or for any other reason whatsoever, such medical institution shall continue to maintain and provide the minimum standards as approved by the commission till such time as all the candidates are able to complete their study in that institution47 the chairperson, members, officers and other employees of the commission and the president and members of autonomous boards shall be deemed, when acting or purporting to act in pursuance of any of the provisions of this act, to be public servants within the meaning of section 21 of the indian penal code45 of 186020chairperson, members, officersofcommission and of autonomous boards to be public servants protection of action taken in good faith48 no suit, prosecution or other legal proceeding shall lie against the government, the commission or any autonomous board or a state medical council or any committee thereof, or any officer or other employee of the government or of the commission acting under this act for anything which is in good faith done or intended to be done under this act or the rules or regulations made thereunder25cognizance of offences49 no court shall take cognizance of an offence punishable under this act exceptupon a complaint in writing made in this behalf by an officer authorised by the commission or the ethic and registration board or a state medical council for indian system of medicine, as the case may be50 (1) if, at any time, the central government is of opinion that––30(a) the commission is unable to discharge the functions and duties imposed on it by or under the provisions of this act; orpower ofcentralgovernment to supersede commission(b) the commission has persistently made default in complying with any directionissued by the central government under this act or in the discharge of the functions and duties imposed on it by or under the provisions of this act,35the central government may, by notification, supersede the commission for such period, not exceeding one year, as may be specified in the notification:40provided that before issuing a notification under this sub-section, the central government shall give a reasonable opportunity to the commission to show cause as to why it should not be superseded and shall consider the explanations and objections, if any, of the commission(2) upon the publication of a notification under sub-section (1) superseding the commission,––(a) all the members shall, as from the date of supersession, vacate their offices as such;45(b) all the powers, functions and duties which may, by or under the provisions ofthis act, be exercised or discharged by or on behalf of the commission, shall until the commission is re-constituted under sub-section (3), be exercised and discharged by such person or persons as the central government may direct;(c) all property owned or controlled by the commission shall, until the commission is re-constituted under sub-section (3), vest in the central government(3) on the expiration of the period of supersession specified the notification issued under sub-section (1), the central government may,—5(a) extend the period of supersession for such further term not exceeding six months, as it may consider necessary; or(b) re-constitute the commission by fresh appointment and in such case the members who vacated their offices under clause (a) of sub-section (2) shall not be deemed disqualified for appointment:10provided that the central government may, at any time before the expiration of the period of supersession, whether as originally specified under sub-section (1) or as extended under this sub-section, take action under clause (b) of this sub-section15(4) the central government shall cause a notification issued under sub-section (1)and a full report of any action taken under this section and the circumstances leading to such action to be laid before both houses of parliament at the earliest opportunity51 (1) there shall be a joint sitting of the commission, the national commission for homoeopathy, and the national medical commission, at least once a year, at such time and place as they mutually appoint, to enhance the interface between indian system of medicine, homoeopathy, yoga and naturopathy and modern system of medicine20joint sittings of commission, national commission for homoeopathy and national medical commission(2) the agenda for the joint sitting may be placed with mutual agreement by the chairpersons of the commissions concerned25(3) the joint sitting may, by an affirmative vote of all members present and voting, decide on approving specific educational and medical modules or programs that could be introduced in the under-graduate and post-graduate courses across medical systems, and promote medical pluralism52 every state government may, for the purposes of addressing or promoting healthcare in rural area, take necessary measures to enhance the capacity of the healthcare professionalsstate government to promote primary healthcare in rural areas power to make rules3053 (1) the central government may, by notification in the official gazette, make rules to carry out the purposes of this act(2) in particular, and without prejudice to the foregoing power, such rules may provide for all or any of the following matters, namely:––35(a) the manner of appointing six members of the commission on rotational basis from amongst the nominees of the states and union territories in the advisory council under clause (b) of sub-section (4) of section 4;(b) the manner of electing members of the commission by the registered medical practitioners from amongst themselves and the regional constituencies from which such members are to be elected under clause (c) of sub-section (4) of section 4;40(c) the manner of nominating one expert by the central government under clause (d) of sub-section (1) of section 5;(d) the salary and allowances payable to, and other terms and conditions of service of, the chairperson and members under sub-section (4) of section 6;(e) the form and the manner of making declaration under sub-section (6) of section 6;(f) the qualifications and experience to be possessed by secretary undersub-section (2) of section 8;5(g) the salaries and allowances payable to, and other terms and conditions of thesecretary, officers and other employees of the commission under sub-section (6) of section 8;(h) the other powers to be exercised and other functions to be performed by thecommission under clause (i) of sub-section (1) of section 10;10(i) the salary and allowances payable to, and other terms and conditions ofservice of, the president and members of an autonomous board under sub-section (2)of section 21;(j) the manner of submitting a list of practitioners under the second proviso tosub-section (1) of section 33;(k) the form for preparing annual statement of accounts under sub-section (1) ofsection 40;15(l) the time within which, and the form and the manner in which, the reports andstatements shall be furnished by the commission and the particulars with regard to any matter as may be required by the central government under sub-section (1) of section 41;(m) the form and the time for preparing annual report under sub-section (2) ofsection 41;20(n) the compensation for the premature termination of employment under thesecond proviso to sub-section (3) of section 57;(o) any other matter in respect of which provision is to be made by rules2554 (1) the commission may, by notification, make regulations consistent with this act and the rules made thereunder to carry out the provisions of this actpower to make regulations(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 functions to be discharged by the secretary of the commission undersub-section (4) of section 8;30(b) the procedure in accordance with which experts and professionals may beengaged and the number of such experts and professionals under sub-section (7) of section 8;(c) the procedure to be followed at the meetings of commission, including thequorum at its meetings under sub-section (3) of section 9;35(d) the quality and standards to be maintained in education of indian system ofmedicine under clause (a) of sub-section (1) of section 10;(e) the manner of regulating medical institutions, medical researches and medical professionals under clause (b) of sub-section (1) of section 10;40(f) the manner of functioning of the commission, the autonomous boards and the state medical councils under clause (d) of sub-section (1) of section 10;(g) the procedure to be followed at the meetings of the medical advisory council, including the quorum at its meetings under sub-section (3) of section 13;(h) the other languages in which, the designated authority through which, and the manner in which the national eligibility-cum-entrance test shall be conducted under sub-section (2) of section 14;45(i) the manner of conducting common counselling by the designated authority for admission to medical institutions under sub-section (3) of section 14;(j) the other languages in which, the designated authority through which, and the manner in which, the national exit test shall be conducted under sub-section (2) of section 15;5(k) the other languages in which, the designated authority through which, and the manner in which admission to postgraduate courses shall be conducted under sub-section (2) of section 16;10(l) the manner of conducting common counselling by the designated authority for admission to the postgraduate seats in all medical institutions under sub-section (3) of section 16;(m) the manner of conducting the national teachers' eligibility test for indian system of medicine and the designated authority through whom such test shall be conducted under sub-section (2) of section 17;15(n) the number of, and the manner in which, experts, professionals, officers and other employees shall be made available by the commission to the autonomous boards under section 23;(o) the manner in which decisions of the autonomous boards shall be made under sub-section (2) of section 24;20(p) the competency based dynamic curriculum at all levels under clause (b) of sub-section (1) of section 26;(q) the manner of imparting undergraduate, postgraduate and super-speciality courses in ayurveda, unani, siddha and sowa-rigpa under clause (c) of sub-section (1) of section 26;25(r) the minimum requirements and standards for conducting courses and examinations in medical institutions under clause (d) of sub-section (1) of section 26;(s) the standards and norms for infrastructure, faculty and quality of education and research in medical institutions of indian system of medicine under clause (e) of sub-section (1) of section 26;30(t) the manner of regulating professional conduct and promoting medical ethics under clause (b) of sub-section (1) of section 27;(u) the procedure for assessment and rating of the medical institutions under clause (a) of sub-section (1) of section 28;(v) the manner of carrying out inspections of medical institutions for assessing and rating under clause (c) of sub-section (1) of section 28;35(w) the manner of conducting, and the manner of empanelling independent rating agencies to conduct, assess and rate all medical institutions under clause (d) of sub-section (1) of section 28;(x) the manner of making available on website or in public domain the assessment and ratings of medical institutions under clause (e) of sub-section (1) of section 28;40(y) the measures to be taken against a medical institution for failure to maintain the minimum essential standards under clause (f) of sub-section (1) of section 28;(z) the form of scheme, the particulars thereof, the fee to be accompanied and the manner of submitting scheme for establishing new medical college under sub-section (2)of section 29;45(za) the manner of preferring an appeal to the commission for approval of the scheme under sub-section (5) of section 29;(zb) the manner of taking disciplinary action by a state medical council for professional or ethical misconduct of registered medical practitioner and the procedure for receiving complaints and grievances by the board of ethics and registration for indian system of medicine, under sub-section (2) of section 30;5(zc) the act of commission or omission which amounts to professional or ethical misconduct under clause (b) of the explanation to section 30;(zd) other particulars to be contained in a national register under sub-section (1) of section 31;10(ze) the form, including the electronic form and the manner of maintaining the national register under sub-section (2) of section 31;(zf) the manner in which any name or qualification may be added to, or removed from, the national register and the grounds for removal thereof, under sub-section (3)of section 31;15(zg) the manner of entering the title, diploma or qualification in the state register or the national register under sub-section (3) of section 32;(zh) the circumstances in which, and the period for which, the commission may permit a qualified person to practice indian system of medicine without qualifying the national exit test under the first proviso to sub-section (1) of section 33;20(zi) the manner in which, and the period for which temporary registration may be permitted to a foreign citizen under the third proviso to sub-section (1) of section 33;(zj) the manner of listing and maintaining medical qualifications granted by a university or medical institution in india under sub-section (1) of section 34;(zk) the manner of examining the application for grant of recognition under sub-section (3) of section 34;25(zl) the manner of preferring an appeal to the commission for grant of recognition under sub-section (5) of section 34;(zm) the manner of including a medical qualification in the list maintained by the board under sub-section (6) of section 34;30(zn) the manner in which the board of ayurveda or the board of unani, siddha and sowa-rigpa shall list and maintain the medical qualifications which have been granted recognition before the date of commencement of this act, under sub-section (8) of section 34;35(zo) the manner in which the commission shall list and maintain the medical qualifications which have been granted recognition before the date of commencement of this act, under sub-section (4) of section 35rules and regulations to be laid before parliament4055 every rule and every regulation made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or regulation or both houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation45power to remove difficulties56 (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 be necessary, for the removing the difficulty:provided that no order shall be made under this section after the expiry of a period of 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 parliamentrepeal and saving48 of 1970557 (1) with effect from such date as the central government may, by notification, appoint in this behalf, the indian medicine central council act, 1970 shall stand repealed and the central council of indian medicine constituted under section 3 of the said act shall stand dissolved10(2) notwithstanding the repeal of the act referred to in sub-section (1), it shall not affect,––(a) the previous operation of the act so repealed or anything duly done or suffered thereunder;(b) any right, privilege, obligation or liability acquired, accrued or incurred under the act so repealed;(c) any penalty incurred in respect of any contravention under the act so repealed; or15(d) any proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty as aforesaid, and any such proceeding or remedy may be instituted, continued or enforced, and any such penalty may be imposed as if that act had not been repealed20 25(3) on the dissolution of the central council of indian medicine, the person appointed as the chairman of that council and every other person appointed as the member and any officer and other employees of the council and holding office as such immediately before such dissolution shall vacate their respective offices and such chairman and other members shall be entitled to claim compensation not exceeding three months' pay and allowances for the premature termination of term of their office or of any contract of service:provided that any officer or other employee who has been, immediately before the dissolution of the central council of indian medicine appointed on deputation basis to the central council of indian medicine, shall, on such dissolution, stand reverted to their parent cadre, ministry or department, as the case may be:30provided further that any officer, expert, professional or other employee who has been, immediately before the dissolution of the central council of indian medicine employed on regular basis or on contractual basis by the council, shall cease to be such officer, expert, professional or other employees of the central council and shall be entitled to such compensation for the premature termination of his employment, which shall not be less than three months' pay and allowances, as may be prescribed354048 of 1970(4) notwithstanding the repeal of the aforesaid enactment, any order made, any licence to practice issued, any registration made, any permission to start new medical institution or to start higher course of studies or to increase in the admission capacity granted, any recognition of medical qualifications granted, under the indian medicine central council, act, 1970 which are in force as on the date of commencement of this act shall continue to be in force till the date of their expiry for all purposes, as if they had been issued or granted under the provisions of this act or the rules or regulations made thereundertransitory provisions4558 (1) the commission shall be the successor in interest to the central council ofindian medicine including its subsidiaries or owned trusts and all the assets and liabilities of the central council of indian medicine shall be deemed to have been transferred to the commission48 of 1970(2) notwithstanding the repeal of the indian medicine central council act, 1970, the medical standards, requirements and other provisions of the indian medicine central council, act, 1970 and the rules and regulations made thereunder shall continue to be in force and operate till new standards or requirements are specified under this act or the rules and regulations made thereunder:5provided that anything done or any action taken as regards the medical standards andrequirements under the enactment under repeal and the rules and regulations made thereunder shall be deemed to have been done or taken under the corresponding provision of this act and shall continue in force accordingly unless and until superseded by anything or by any action taken under this act10(3) the central government may take such appropriate measure as may be necessaryfor smooth transition of the dissolved central council of indian medicine to the corresponding to new commission under this act statement of objects and reasonsthe indian medicine central council (imcc) act, 1970 (48 of 1970) was enacted to provide a solid foundation for the growth of medical education of indian systems of medicine, namely, ayurveda, unani,siddha and sowa-rigpaand provides for constitution of the central council of indian medicine for regulation of the educational standards of ayurveda, unani, siddha, and sowa-rigpasystems of medicine, maintenance of the central register of practitioners and for matters connected therewith2 the said indian medicine central council act has not kept pace with time various bottlenecks have crept into the system with serious detrimental effects on medical education and by implication on delivery of quality health services3 in order to streamline the functioning of the central council of indian medicine, to bring transparency in the mechanism for grant of permission to medical institutions and to improve the standards of medical education in indian systems of medicine, the central government had introduced the indian medicine central council (amendment) bill, 2005 in rajya sabha which is still pending4 in 2016, the central government constituted a committee chaired by vice-chairman, niti aayog to review the indian medicine central council act and the said committee has recommended for enactment of the national commission for indian system of medicine bill, 2018 on the same lines as that of the national medical commission bill, 2018 which has been introduced in lok sabha5 the national commission for indian system of medicine, bill 2019, inter alia, seeks to provide for—(a) constitution of a national commission for indian system of medicine for development and regulation of all aspects relating to education, medical profession and medical institutions of indian system of medicine and an advisory council to advise and make recommendations to the commission;(b) constitution of four autonomous boards, namely:(i) the board of ayurveda to regulate ayurveda education at undergraduate and postgraduate levels and to determine standards thereof;(ii) the board of unani, siddha and sowa-rigpa to regulate education at undergraduate and postgraduate levels and to determine standards thereof;(iii) the medical assessment and rating board for indian system of medicine to carry out inspections and to assess and rate the medical institutions; and(iv) the board of ethics and registration for indian system of medicine to regulate professional conduct and promote medical ethics amongst practitioners and professionals of indian medicine and to maintain a national register of all licensed practitioners of indian medicine; (c) holding of a uniform national eligibility-cum-entrance test for admission to undergraduate medical education;(d) holding of a national exit test for granting licence to practice as medical practitioner of indian system of medicine;(e) holding of a uniform post-graduate national entrance test for postgraduate courses;(f) holding of national teachers' eligibility test for indian system of medicine for appointment as teachers thereto;(g) the manner of seeking permission for establishment of new medical institution; (h) the manner of maintaining national register and state register of indian system of medicine;(i) recognition of medical qualification granted by universities and medical institutions in india and outside india and withdrawal of recognition or de-recognition of qualification;(j) holding of joint sitting of the commissions of other medical education to enhance interface between indian system of medicine, homoeopathy and modern system of medicine;(k) the repeal of the indian medicine central council, act, 1970 and for dissolution of the central council of indian medicine constituted thereunder with certain conditions 6 the bill seeks to achieve the above objectivesnew delhi;shripad yesso naikthe 2nd january, 2019 notes on clausesclause 1 provides for short title, extent and commencement of the proposed act clause 2 defines various terms and expressions used in the proposed act clause 3 provides for constitution of the national commission for indian system of medicine in the proposed actclause 4 provides for composition of the national commission for indian system of medicine and appointment and qualifications of its constituent members the commission shall be a twenty-nine member body comprising of chairperson, twelve ex officio members and sixteen part-time members of the part-time members, four shall be from non-medical background and three shall be elected members from among registered medical practitioners of indian systemsclause 5 provides for composition of search committee for appointment of the chairperson and presidents of boards of the commission under proposed act the committee shall be chaired by cabinet secretary and include three experts nominated by the central government of which two shall be with experience in field of indian system of medicine and one from non-medical one of the elected medical member in national commission for indian system of medicine shall also be a member of this committee secretary to the government of india in charge of the ministry of ayush are the other membersprovided that for selection of part-time members of the commission referred in clause (a) of sub-section (4) of section 4, the secretary referred in section 8 and other members of the boards referred in section 20, the search committee shall consist of members specified in clauses (b) to (d) and joint secretary to the government of india in the ministry of ayush as convenor-member and chaired by secretary to the government of india in charge of the ministry of ayushclause 6 provides duration of office, salary and allowances and other terms and conditions of service of the chairperson and members of the commission they shall hold office for a term not exceeding four years and will not be eligible for extension or reappointmentclause 7 provides for removal of the chairperson and members of the commission clause 8 provides for appointments of secretary, experts, professionals, officers and other employees of the commissionclause 9 provides for meetings, its chairperson, quorum and other ancillary matters connected to meetings the commission shall meet at least once every quarterclause 10 provides for powers and functions of the commission including:—(a) formulation of policies and framing of guidelines for ensuring high qualityand standards in medical education and research;(b) coordination of functioning of the commission, autonomous boards andstate medical councils;(c) formulation of policy for regulation of medical profession; (d) power to delegate and form sub-committeesclause 11 provides for constitution and composition of advisory council for indian system of medicine it shall consist of one nominee from every state who shall be the vice- chancellor of state university with maximum indian system of medicine colleges under it ministry of home affairs shall nominate one member to represent each union territory every member of national commission for indian system of medicine shall be ex officio members of the advisory council four members from among directors of indian institutes of technology, indian institutes of management and the indian institute of science shall also be its membersclause 12 provides for functions of advisory council to advise the commission on minimum standards in medical education, training and researchclause 13 provides for meetings and quorum of advisory council clause 14 provides for uniform national eligibility-cum-entrance test and counselling for admission in undergraduate course in medical institutionsclause 15 provides that national exit examination for students graduating from the medical institutions for granting licence to medical practice clause 16 provides for uniform national eligibility-cum-entrance test and counselling for admission in post-graduate course in medical institutionsclause 17 provides for uniform national teachers eligibility test for indian system of medicine for appointment of teachersclause 18 provides for constitution of four autonomous boards under the overall supervision of the commission the four autonomous boards are board of ayurveda, board of unani, siddha and sowa-rigpa, medical assessment and rating board for indian system of medicine and board of ethics and registration for indian system of medicineclause 19 provides for composition of the following autonomous boards—(a) board of ayurveda consist of the president and four members from the ayurveda discipline of indian system of medicine;(b) board of unani, siddha and sowa-rigpa shall consist of a president and two members from each of the unani, siddha and sowa-rigpa disciplines of indian system of medicine;(c) the medical assessment and rating board for indian system of medicine shall consist of a president and eight members; the second member of medical assessment and rating board shall be from non-medical background(d) the board of ethics and registration for indian system of medicine shall consist of a president and eight members; the second member of medical assessment and rating board shall be from non-medical background clause 20 provides for search committee for appointment of the president and members of the autonomous boardsclause 21 provides for duration of office, salary and allowances and other terms and conditions of service of the president and members of the autonomous boardsclause 22 provides for advisory committees of experts constituted by the commission to render assistance to all autonomous boards for discharging of functions assigned under the actclause 23 provides for staff of autonomous boards clause 24 provides for meetings of autonomous boards every board shall meet at least once a monthclause 25 provides for powers of autonomous boards and delegation of powers clause 26 provides for powers and functions of board of ayurveda, board of unani, siddha and sowa-rigpa including determination of standards of medical education of indian system of medicine at undergraduate and postgraduate level, framing of guidelines for establishment of medical institutions for imparting undergraduate medical courses, granting of recognition to medical institutions at undergraduate levelclause 27 provides for powers and functions of board of ethics and registration for indian system of medicine including maintain a national register for all licensed medical practitioners and regulate professional conduct, to develop mechanism for continuous interaction with state medical councilsclause 28 provides for powers and functions of medical assessment and rating board for indian system of medicine including determine the procedure for assessing and rating of medical institutions for compliance with prescribed standards, granting of permission for establishment of new medical institutions and carrying out of inspection for this purpose, imposing of monetary penalty on medical institution for failure to maintain minimum essential standards prescribedclause 29 provides for permission for establishment of new medical college and for criteria for approval or disapproval of the scheme for establishment of new medical collegeclause 30 provides for state medical council and other provisions relating thereto clause 31 provides for the maintenance of a national register by board of ethics and registration for indian system of medicine which shall contain the name, address and all recognised qualifications possessed by licensed medical practitioner every state medical council shall maintain a state register the registers will be maintained in such forms including electronic form as may be specified clause 32 provides for rights of persons to have licence to practice and to be enrolled in national register or state register a person who qualifies national exit examination shall be enrolled in the national register or state registerclause 33 provides for bar to practice a person who is not enrolled in the state or national register shall not be allowed to practice medicine or perform any of the function enrolled upon a qualifies medical practitioner such as holding an office of physician or surgeon, signing a medical certificate or giving evidence in matters related to medicine any violation shall be punishable with fine up to five lakhs the commission may permit exceptions from qualifying national exit examination in certain cases foreign medical practitioners shall be permitted temporary registration in india in such manner as may be prescribedclause 34 provides for recognition of medical qualifications granted by universities or medical institutions in india the institutions shall apply board of ayurveda and board of unani, siddha and sowa-rigpa which shall examine the application and decide on grant of recognition first appeal shall lie to the commission and second appeal to the central governmentclause 35 provides for recognition of medical qualifications granted by medical institutions outside indiaclause 36 provides for withdrawal of recognition granted to medical qualification granted by medical institutions in india the medical assessment and rating board for indian system of medicine shall make a report to the commission which shall decide the matterclause 37 provides for special provisions in certain cases for recognition of medical qualifications this relates to medical institutions outside indiaclause 38 provides for grants by the central government clause 39 provides for national medical commission fund for indian system of medicine which shall form part of the public account of india all government grants, fee, penalties and all sums received by the commission shall form part of it the fund shall be applied for making payments towards all expenses in the discharge of the functions of the commissionclause 40 provides for audit and accounts the accounts of the commission shall be audited by the comptroller and auditor-general of indiaclause 41 provides for furnishing of returns and reports to the central government clause 42 provides for power of the central government to give directions to commission and autonomous boards on questions of policyclause 43 provides for power of the central government to give directions to state governmentsclause 44 provides for information to be furnished by the commissioner and publication thereofclause 45 provides for obligations of universities and medical institutions they shall maintain a website at all times and display all such information as may be required by the commissionclause 46 provides for completion of courses of studies in medical institutionsstudents who were studying in any medical institution before the commencement of this act shall continue to study and complete in accordance with syllabus and studies as existed before such commencement such student shall be deemed to have completed course of study under this actclause 47 provides for the chairperson, members, officers of the commission and of autonomous boards to be public servants within the meaning of section 21 of the indian penal codeclause 48 provides for protection of action taken in good faith clause 49 provides for cognizance of offences by courts only upon a complaint in writing by an authorised officer of the committee or ethics and medical registration board or state medical councilclause 50 provides for power of the central government to supersede commission if it is unable to discharge the functions and duties imposed upon it or persistently defaults in complying with any direction issued by the central government the central government may issue notifications of supersession not exceeding one year at a timeclause 51 provides for joint sittings of the commission, the national commission for homoeopathy and the national medical commission, to enhance the interface between indian system of medicine, homoeopathy and modern system of medicineclause 52 provides for promoting primary healthcare in rural areas by the state governmentsclause 53 provides for power to make rules the central government may be notification make rules to carry out the purposes of this actclause 54 provides for power to make regulations the commission may after previous publication by notification make regulations consistent with this actclause 55 provides for rules and regulations to be laid before parliament clause 56 provides for power to remove difficulties the central government may be order published in official gazette make such provisions not inconsistent with the provisions of this act for removing the difficultyclause 57 provides for repeal and saving the indian medicine central council act,1970 shall stand repealed and the central council of indian medicine shall stand dissolved from the date as may be prescribed by the central government the chairman and other members and employees of central council of indian medicine shall vacate their respective offices and be entitled to the compensation clause 58 provides for transitory provisions even after the repeal of the indian medicine central council act, 1970, the rules and regulations made thereunder shall continue to be in force till new rules and regulations are framed by national commission for indian system of medicine financial memorandumsub-clause (1) of clause 3 of the bill provides for constitution of the national commission for indian system of medicine to exercise the powers and to perform the functions assigned to it sub-clause (1) of clause 4 provides for the appointment of chairperson and members of the commission sub-clause (4) of clause 6 provides for payment of salary and allowances to the chairpersons and members, other than ex officio members sub-clause (1) of clause 8 provides for appointment of secretary of the commission and sub-clause (5) thereof provides for appointment of officers and other employees of the commission sub-clause (6) of said clause provides for payment of salary and allowances to secretary, officers and other employees of the commission2 sub-clause (1) of clause 18 provides for constitution of four autonomous boardsclause 19 provides composition of autonomous boards consisting of a president and members clause 20 provides for appointment of president and members of the autonomous boards and sub-clause (2) of clause 21 provides for salary and allowances of the president and members of the autonomous boards3 clause 38 provides for payment of grants to the commission, after due appropriation made by parliament by law in this behalf, as the central government may think fit4 sub-clause (1) of clause 39 provides for the constitution of fund to be called the national commission fund for indian system of medicine and setting up of the commission would entail some expenditure from the consolidated fund of india all government grants, fees and charges received by the commission and the autonomous boards and all sums received by the commission from such other source as may be decided upon by the central government shall be credited to the fund and shall be applied for payment of salaries and allowances and the expenses incurred in carrying out the provisions of the bill5 sub-clause (3) of clause 57 provides that on the dissolution of the central council of indian medicine, persons appointed as chairman, members, officers and other employees of that council shall vacate their respective offices and that such chairman and members shall, for such premature termination, be entitled to claim compensation not exceeding three months' pay and allowances and the officers and employees who are employed on regular and contractual basis by the central council of indian medicine shall be entitled to such compensation, which shall not be less than three months' pay and allowances, as may be provided by rules6 the expenditure would be largely met from corpus of the existing central council of indian medicine and the funds generated by the national commission for indian system of medicine the budgetary support by the government to the commission and its constituent bodies is estimated not to exceed the level of the current budgetary support given to the council further, as expenditure would depend on the number of meetings of the commission, recurring or non-recurring expenditure cannot be anticipated at this stage memorandum regarding delegated legislationclause 53 of the bill empowers the central government to make rules by notification in the official gazette, inter alia, in respect of matters relating to—(a) the manner of appointing six members of the commission on rotational basis from amongst the nominees of the states and union territories in the advisory council;(b) the manner of electing members of the commission by the registered medical practitioners from amongst themselves and the regional constituencies from which such members are to be elected;(c) the manner of nominating one expert by the central government; (d) the salary and allowances payable to, and other terms and conditions of service of, the chairperson and members;(e) the form and the manner of making declaration of assets and liabilities of the chairperson and every member of the commission;(f) the qualification and experience to be possessed by the secretary of the commission;(g) the salaries and allowances payable to, and other terms and conditions of service of, the secretary, officers and other employees of the commission; (h) the other power to be exercised and other function to be performed by the commission;(i) the salary and allowances payable to, and other terms and conditions of service of, the president and members of an autonomous board;(j) the manner of submitting a list of practitioners; (k) the form for preparing annual statement of accounts; (l) the time within which, and the form and the manner in which, the reports and statements shall be furnished by the commission and the particulars with regard to any matter as may be required by the central government; (m) the form and the time for preparing annual report; (n) the compensation for the premature termination of employment; (o) any other matter in respect of which provision is to be made by rules2 sub-clause (3) of clause 15 of the bill empowers the central government to make the national exit test operational from such date, within three years from the date of commencement of this act, as may be appointed by notification3 sub-clause (1) of clause 18 of the bill empowers the central government to constitute, by notification, the autonomous boards under the overall supervision of the commission, to perform the functions assigned to such boards under this act4 clause 37 of the bill empowers the commission to direct, by notification, that any medical qualification granted by a medical institution in a country outside india, after such date as may be specified in that notification, shall be a recognised medical qualification for the purposes of this act5clause 54 of the bill empowers the commission to make regulations after previous publications and by notification in the official gazette, inter alia, in respect of matters relating to—(a) the functions to be discharged by the secretary of the commission; (b) the procedure in accordance with which experts and professionals may be engaged and the number of such experts and professionals;(c) the procedure to be followed at the meetings of commission, including the quorum at its meetings;(d) the quality and standards to be maintained in education of indian system of medicine;(e) the manner of regulating medical institutions, medical researches and medical professionals;(f) the manner of functioning of the commission, the autonomous boards and the state medical councils;(g) the procedure to be followed at the meetings of the advisory council for indian system of medicine, including the quorum at its meetings;(h) the other languages in which, the designated authority through which, and the manner in which the national eligibility-cum-entrance test shall be conducted;(i) the manner of conducting common counselling by the designated authority for admission to the medical institutions;(j) the other languages in which, the designated authority through which, and the manner in which national exit test shall be conducted;(k) the other languages in which, the designated authority through which, and the manner in which the admission to postgraduate courses shall be conducted;(l) the manner of conducting common counselling by the designated authority for admission to the postgraduate seats in medical institutions;(m) the manner of conducting the national teachers' eligibility test for indian system of medicine and the designated authority through whom such test shall be conducted;(n) the number of, and the manner in which, the experts, professionals, officers and other employees shall be made available by the commission to the autonomous boards;(o) the manner in which decisions of the autonomous boards shall be made; (p) the competency based dynamic curriculum at all levels of education; (q) the manner of imparting undergraduate, postgraduate and superspeciality courses in ayurveda, unani, siddha and sowa-rigpa;(r) the minimum requirements and standards for conducting courses and examinations in medical institutions;(s) the standards and norms for infrastructure, faculty and quality of education and research in medical institutions of indian system of medicine;(t) the manner of regulating professional conduct and promoting medical ethics; (u) the procedure for assessment and rating of the medical institutions; (v) the manner of carrying out inspections of medical institutions for assessing and rating;(w) the manner of conducting, and the manner of empanelling independent rating agencies to conduct, assess and rate all medical institutions;(x) the manner of making available on website or in public domain the assessment and ratings of medical institutions;(y) the measures to be taken against a medical institution for failure to maintain the minimum essential standards;(z) the form of scheme, the particulars thereof, the fee to be accompanied and the manner of submitting scheme for establishing new medical college;(za) the manner of preferring an appeal to the commission for approval of the scheme;(zb) the manner of taking disciplinary action by a state medical council for professional or ethical misconduct of registered medical practitioner and the procedure for receiving complaints and grievances by the board of ethics and registration for indian system of medicine;(zc) the act of commission or omission which amounts to professional or ethical misconduct;(zd) other particulars to be contained in a national register; (ze) the form, including the electronic form and the manner of maintaining the national register;(zf) the manner in which any name or qualification may be added to, or removed from, the national register and the grounds for removal;(zg) the manner of entering the title, diploma or qualification in the state register or the national register;(zh) the circumstances in which, and the period for which, the commission may permit a qualified person to practice indian system of medicine without qualifying the national exit test;(zi) the manner in which, and the period for which, temporary registration may be permitted to a foreign citizen;(zj) the manner of listing and maintaining medical qualifications granted by a university or medical institution in india;(zk) the manner of examining the application for grant of recognition; (zl) the manner of preferring an appeal to the commission for grant of recognition;(zm) the manner of including a medical qualification in the list maintained by the board;(zn) the manner in which the board of ayurveda or the board of unani, siddha and sowa-rigpa shall list and maintain the medical qualifications which have been granted recognition before the date of commencement of this act;(zo) the manner in which the commission shall list and maintain the medical qualifications which have been granted recognition before the date of commencement of this act 6 the 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 ———— a billto provide for a medical education system that improves access to quality and affordablemedical education, ensures availability of adequate and high quality medical professionals of indian system of medicine in all parts of the country; that promotes equitable and universal healthcare that encourages community health perspective and makes services of such medical professionals accessible to all the citizens; that promotes national health goals; that encourages such medical professionals to adopt latest medical research in their work and to contribute to research; that has an objective periodic and transparent assessment of medical institutions and facilitates maintenance of a medical register of indian system of medicine for india and enforces high ethical standards in all aspects of medical services; that is flexible to adapt to the changing needs and has an effective grievance redressal mechanism and for matters connected therewith or incidental thereto ————[shri shripad yesso naik, minister of state (independent charge) of the ministry of ayurveda, yoga and naturopathy, unani, siddha and homoeopathy (ayush)] | Parliament_bills | cc778835-13c4-5426-bb31-1aa6c9770030 |
bill no 50 of 2010 the central universities (conditions of service of non-teaching staff) bill, 2010 by shri jagdambika pal, mp a billto provide for uniform conditions of service for the non-teaching staff of the central universities and for matters connected therewith be it enacted by parliament in the sixty-first year of the republic of india as follows:—short title and commencement1 (1) this act may be called the central universities (conditions of service of non-teaching staff) act, 20105(2) 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) "non-teaching service or post" in relation to a central university means anyservice or post other than teaching;(b) "prescribed" means prescribed by rules made under this act; and10(c) "central university" means a university established or incorporated by orunder an act of parliament3 (1) notwithstanding anything contained in any other law for the time being in force, the conditions of service of a person holding any non-teaching service or post in any central university for such period, as may be prescribed, shall be same as that of a person holding comparable service or post in the central secretariat serviceconditions of service of non-teaching staff of central universities5constitution of expert committee(2) for the purpose of determining services or posts in central secretariat servicewhich shall be comparable to non-teaching services or posts in central universities, the central government shall appoint an expert committee headed by the chairman of the university grants commission and consisting of such number of other members, as it may deem fit10explanation—for the purpose of sub-section (1), the expression 'conditions of service'includes pay, allowances, leave, gratuity, pension, provident fund, medical benefits, insurance and such other matters as may be specified by the central government, from time to timepower to remove difficulty154 if any difficulty arises in giving effect to the provisions of this act, the governmentmay, 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 such difficulty:provided that no such order shall be made after the expiration of two years from thecommencement of this actpower to make rules205 (1) the central government may, by notification in the official gazette, make rulesfor carrying out the purposes of this act25(2) every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both the houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule statement of objects and reasonsthere are thousands of non-teaching staff employed in the universities as far as the teaching staff of the universities are concerned, the university grants commission has fixed uniform pay and allowances for them through recommendations from time to time but there is no uniformity in the pay and allowances of non-teaching staff this has resulted in variance in the service conditions of similarly situated employees performing similar duties in different universities there is no protection for such non-teaching staff under any statute they are also entitled to same benefits of pay and allowances, etc as are available to similarly placed staff in the central governmentthe non-teaching staff of the universities have been agitating for this cause for a long time and it is, therefore, essential to regulate their service conditions in this regardhence this billjagdambika palmarch 19, 2010 financial memorandumclause 3 of the bill provides that the non-teaching staff of central universities shall have the same conditions of service as are admissible to the comparable staff of the central secretariat service it also provides for the constitution of an expert committee for the purpose of determining the posts of non-teaching staff in central universities which shall be comparable to the posts in the central secretarial service the bill, therefore, if enacted, would involve expenditure from the consolidated fund of indiait is estimated that a recurring expenditure of about rupees one crore is likely to be involved from the consolidated fund of india per annumit is also likely to involve a non-recurring expenditure of about rupees two crore per annum memorandum regarding delegated legislationclause 5 of the bill empowers the central government to make rules for carrying out the provisions of the bill since the rules will relate to matters of detail only, the delegation of legislative power is of a normal character————abillto provide for uniform conditions of service for the non-teaching staff of the central universities and for matters connected therewith————(shri jagdambika pal, mp)gmgipmrnd—1675ls(s5)—19-04-2010 | Parliament_bills | c514decd-0598-526d-b1ab-5101ebf10e71 |
bill no 195 of 2016 the right of children to free and compulsory education (amendment) bill, 2016 by shri rajendra agrawal, mp a billfurther to amend the right of children to free and compulsory education act, 2009be it enacted by parliament in the sixty-seventh year of the republic of india as follows:—short title and commencement35 of 2009amendment of section 22 in the right of children to free and compulsory education act, 2009 (hereinafter referred to as the principal act), in section 2, after clause (q), the following clause shall be inserted, namely:—5(r) "uniform education system" means education system having a common syllabus and school curriculum for all stages of elementary education across the country'amendment of section 33 in section 3 of the principal act, in sub-section (1), after the words "neighbourhood school", the words, "with the value based uniform education system," shall be inserted statement of objects and reasonsconsequent upon the enactment of the constitution (eighty-sixth amendment)act, 2002, the right of children to free and compulsory education act, 2009 was enacted to provide for free and compulsory education to all children of the age of six to fourteen yearsthe right of a child should not be restricted only to free and compulsory educationarticle 21a of constitution read with articles 14 and 15 explains that there must be no discrimination in quality education irrespective of economic, social and cultural backgroundit is true that disparities and inequalities of various kinds like inequalities based on caste, creed, region or religion or economic inequalities are prevalent in the society such inequalities will be rooted out if the coming generation and children in their formative years have uniform resources and opportunity to understand and learn about each aspect of this country and events of the world at largecurrently the national curriculum framework (ncf), 2005 sets the guidelines and directions for syllabus and textbooks for all stages of school education schools affiliated to the central board of secondary education follow the national council for education research and training syllabus and textbooks however, states through their state councils of education research and training (scerts) or state board develop and adopt their own textbooksto build a code of common culture, removal of disparity of all kind and discriminatory values in human relations and assuring dignity of individuals is required there is a need to have the common curriculum and syllabus at all stages of school education for all schools across the whole territory of india it will not only enhance the virtues and improve the quality of human life but also elevate the thought leading to the advancement of our constitutional philosophy of equal societyit will help to achieve social and economic equality goals along with promoting fraternity, it would be a baby step towards the basic preparation of uniform civil codehence this billnew delhi;rajendra agrawaljuly 07, 2016 annexure extract 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 (q) "state commission for protection of child rights" means the state commission for protection of child rights constituted under section 3 of the commission for protection for child rights act, 2005 chapter ii right to free and compulsory education3 (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 ———— a billfurther to amend the right of children to free and compulsory education act, 2009————(shri rajendra agrawal, mp)gmgipmrnd—1427ls(s3)—26-07-2016 | Parliament_bills | dfb8baa4-4828-5896-ac22-aea56ef4f454 |
(4) "legislature" means - (a) either house of parliament; (8) the legislative assembly of a state, or in the case of a state having a legislative council, either house of the legislature of that state; (c) legislative assembly of a union territory constituted under the $~ government of union territories act, 1963; 20 of 1963 (d) legislative assembly for the national capital territory of delhi referred to in the government of national capital territory of delhi act, 1991; 1 of 1992 (e) municipal corporations in metropolitan areas as defined in the code of criminal procedure, 1973; je 2 of 1974 (f) district councils and regional councils in the states of assam, meghalaya, tripura and mizoram as provided in the sixth schedule to the constitution; or - (g) any other elective body as may be notified by the central government, as the case may be; is {) "notification" means notification published in the official gazette and the expression "notify" shall be construed accordingly; (m) "person" includes— () an individual; (i) a hindu undivided family; ro (iid) an association; (iv) a company registered under section 25 of the companies act, 1956; 1 of 1956 (1) "political party" means— (a) an association or body of individual citizens of india— (a) to be registered with the election commission of india as a 257 political party under section 29a of the representation of the people act, 1951; or 43 of 1951 (b) which has set up candidates for election to any legislature, but is not so registered or deemed to be registered under the election symbols (reservation and allotment) order, 1968; 3e (7) a political party mentioned in column 2 of table 1 and table 2 to the notification of the election commission of india no56/j&k/02, dated the 8th august, 2002, as in force for the time being; (0) "prescribed" means prescribed by rules made under this act; (p) "prescribed authority" means an authority specified as such by rules made _3$~~ by the central government under this act; (q) "registered newspaper" means a newspaper registered under the press and registration of books act, 1867; 25 of 1867 (y) "relative" has the meaning assigned to it in clause (41) of section 2 of the companies act, 1956; typ! of 1956 (s) "scheduled bank" shall have the meaning assigned to it under clause (é) of section 2 of the reserve bank of india act, 1934; 2 of 1934,() "subsidiary" and "associate" shall have the meanings, respectively assigned 1 of 1956 to them in the companies act, 1956; (u) "trade union" means a trade union registered under the trade unions 16 of 1926 act, 1926; - (2) words and expressions used herein and not defined in this act but defined in the 43 of 1950 representation of the people act, 1950 or the representation of the people act, 1951 or the 43 of bet foreign exchange management act, 1999 shall have the meanings respectively assigned to them in those acts chapter il le regulation of foreign contribution and foreign hospitality3 (2) no foreign contribution shall be accepted by any— | prohibition | to ||----------------|---------|| accept | foreign || contribution | |(a) candidate for election; (8) correspondent, columnist, cartoonist, editor, owner, printer or publisher of a registered newspaper, ist (c) judge, government servant or employee of any corporation or any other body controlled or owned by the government; (@) member of any legislature; (e) political party or office-bearer thereof; (/ organisation of a political nature as may be specified under sub-section (/) 2 @ of section 5 by the central government; (g) association or company engaged in the production or broadcast of audio news or audio visual news or current affairs programmes through any electronic mode, or any other electronic form as defined in clause (r) of sub-section (/) of 21 of 2000 section 2 of the information technology act, 2000 or any other mode of mass 2s" communication; (a) correspondent or columnist, cartoonist, editor, owner of the association or company referred to in clause (g) explanation— in clause (c) and section 6, the expression "corporation" means a corporation owned or controlled by the government and includes a government lof 1956 30 company as defined in section 617 of the companies act, 1956 (2) (a)no person, resident in india, and no citizen of india resident outside india, shall accept any foreign contribution, or acquire or agree to acquire any currency from a foreign source, on behalf of any political party, or any person referred to in sub-section (7), or both ~ (6) no person, resident in india, shall deliver any currency, whether indian or 3s foreign, which has been accepted from any foreign source, to any person if he knows or has reasonable cause to believe that such other person intends, or is likely, to deliver such 'currency to any political party or any person referred to in sub-section (), or both (c) no citizen of india resident outside india shall deliver any currency, whether y ¢ indian or foreign, which has been accepted from any foreign source, to— (d any political party or any person referred to in sub-section (/), or both; or (i/) any other person, if he knows or has reasonable cause to believe that such other person intends, or is likely, to deliver such currency to a political us party or to any person referred to in sub-section (/), or both (3) no person receiving any currency, whether indian or foreign, from a foreign source on behalf of any person or class of persons, referred to in section 9, shall deliver such currency - (a) to any person other than a person for which it was received, or (6) to any other person, if he knows or has reasonable cause to believe that such _s~ other person intends, or is likely, to deliver such currency to a person other than the person for which such currency was received 4 nothing contained in section 3 shall apply to the acceptance, by any person specified persons to whom section 3 in that section, of any foreign contribution where such contribution is accepted by him, shall not apply subject to the provisions of section 10,— te (a) by way of salary, wages or other remuneration due to him or to any group of persons working under him, from any foreign source or by way of payment in the ordinary course of business transacted in india by such foreign source; or (8) by way of payment, in the course of international trade or commerce, or in the ordinary course of business transacted by him outside india; or is (c) as an agent of a foreign source in relation to any transaction made by such foreign source with the central government or state government, or (d) by way of a gift or presentation made to him as a member of any indian delegation, provided that such gift or present was accepted in accordance with the tules made by the central government with regard to the acceptance or retention of qe such gift or presentation; or , {e) from his relative; or (/) by way of remittance received, in the ordinary course of business through any official channel, post office, or any authorised person in foreign exchange under the foreign exchange management act, 1999: 242 of 1999 provided that in case any foreign contribution received by any person specified under section 3, for any of the purposes other than those specified under this section, such contribution shall be deemed to have been accepted in contravention of the provisions of section 3 5(1) the central government may, having regard to the activities of the organisation 3° or the ideology propagated by the organisation or the programme of the organisation or procedure to notify an organisation of 2 political nature the association of the organisations with the activities of any political party, by an order published in the official gazette, specify such organisation as an organisation of a political nature not being a political party, referred to in clause (/) of sub-section (7) of section 3 (2) before making an order under sub-section (/), the central government shall 357 give the organisation in respect of whom the order is proposed to be made, a notice in writing informing it of the ground or grounds, on which it is proposed to be specified as an organisation of political nature under that sub-section: provided that the central government may, by rules made by it, specify the ground or grounds on which an organisation shail be specified as an organisation of a political ho nature | (3) the organisation to whom a notice has been served under sub-section (2), may, within 4 period of thirty days from the date of the notice, make a representation to the central govetnment giving reasons for not specifying such organisation as an organisation under sub-section (/): provided that the central government may entertain the representation after the expiry of the said period of thirty days, if it is satisfied that the organisation was prevented by sufficient cause from making the representation within thirty days (4) the central government may, if it considers it appropriate, forward the representation referred to in sub-section (3) to any authority to report on such representation (5) the central government may, after considering the representation and the report of the authority referred to in sub-section (4), specify such organisation as an organisation of a political nature not being a political party and make an order under sub-section (/) accordingly le 6 no member of a legislature or office-bearer ofa political party or judge or government servant or employee of any corporation or any other body owned or controlled by the government shall, while visiting any country or territory outside india, accept, except with restriction on acceptance of foreign hospitality the prior permission of the central government, any foreign hospitality: ibs provided that it shall not be necessary to obtain any such permission for an emergent medica! aid needed on account of sudden illness contracted during a visit outside india, but, where such foreign hospitality has been received, the person receiving such hospitality shall give, within one month from the date of receipt of such hospitality an intimation to the central government as to the receipt of such hospitality, and the source from which, and the manner in which, such hospitality was received by him prohibition 7 no person who - qu (a) is registered and granted acertificate or obtained prior permission under this act; and ; | to | transfer ||--------------|-------------|| foreign | || contribution | to || other | person |(8) receives any foreign contribution, shall transfer such foreign contribution to any other person unless such other person is also registered and granted the certificate or obtained the prior permission under as" this act 8 (7) every person, who is registered and granted a certificate or given prior permission under this act and receives any foreign contribution,— _ (a) shall utilise such contribution for the purposes for which the contribution has been received: 30 restriction to utilise foreign contribution for, administrative purpose provided that any foreign contribution or any income arising out of it shall not be used for speculative business; (6) shall not defray as far as possible such sum, not exceeding fifty per cent of such contribution, received in a financial year, to meet administrative expenses: 35 provided that administrative expenses exceeding fifty per cent of such contribution may be defrayed with prior approval of the central government (2) the central government may prescribe the elements which shall be included in the 'administrative expenses and the manner in which the administrative expenses referred to in sub-section (/) shall be calculated bd yo 9 the central goverment may— (a) prohibit any person or organisation not specified in section 3, from accepting any foreign contribution; | power | of ||------------|---------|| central | || government | to || prohibit | receipt || of | foreign || tribution, | etc, || certain | cases |(b) require any person or class of persons, not specified in section 6, to obtain prior permission of the central government before accepting any foreign \ 7 hospitality; (c) require any person or class of persons not specified in section 11, to furnish intimation within such time and in such manner as may be prescribed as to the amount ef any foreign contribution received by such person or class of persons as the case may be, and the source from which and the manner in which such contribution was received and the purpose for which and the manner in which such foreign contribution ¢~ was utilised; (2) without prejudice to the provisions of sub-section (/) of section 11, require any person or class of persons specified in that sub-section to obtain prior permission of the central government before accepting any foreign contribution; {e) require any person or class of persons, not specified in section 6, to furnish [ intimation, within such time and in such manner as may be prescribed, as to the receipt of any foreign hospitality, the source from which and the manner in which such hospitality was received: provided that no such prohibition or requirement shall be made unless the central -government is satisfied that the acceptance of foreign contribution by such person or 1s7 class of persons, as the case may be, or the acceptance of foreign hospitality by such person, is likely to affect prejudicially - (d the sovereignty and integrity of india; or (ii) public interest; or (ii) freedom or faimess of election to any legislature; or io (iv) friendly relations with any foreign state; or (v) harmony between religious, racial, social, linguistic or regional groups, castes or communities power 10 where the central government is satisfied, after making such inquiry as it may deem fit, that any person has in his custody or contro! any article or currency, whether indian 257~ or foreign, which has been accepted by such person in contravention of any of the provisions of this act, itmay, by order in writing, prohibit such person from paying, delivering, transferring, to prohibit payment of cutrency teceived in contravention of the act or otherwise dealing with, in any manner whatsoever, such article or currency save in accordance with the written orders of the central government and a copy of such order shall be served upon the person so prohibited in the prescribed manner, and thereupon the 3o provisions of sub-sections (2), (3), (4) and (5) of section 7 of the unlawful activities (prevention) act, 1967 shail, so far as may be, apply to, or in relation to, such article or 37 of 1967 currency and references in the said sub-sections to moneys, securities or credits shali be construed as references to such article or currency chapter ill registration11 (2) save as otherwise provided in this act, no person having a definite cultural, economic, educational, religious or social programme shall accept foreign contribution unless such person obtains a certificate of registration from the central government: registration of certain persons with central government provided that any association registered with the central government under section6 ko or granted prior permission under that section of the foreign contribution (regulation) act, 1976, as it stood immediately before the commencement ofthis act, shali be deemed to 49 of 1976 have been registered or granted prior pertnission, as the case may be, under this act and such registration shail be valid for a period of five years from the date on which this section comes into force bs (2) every person referred to in sub-section (/) may, if i is not registered with the central government under that sub-section, accept any foreign contribution only after obtaining the prior permission of the central government and such prior permission shall be valid for the specific purpose for which it is obtained and from specific source: provided that if the person referred to in sub-sections (/) and (2) has been found guilty of violation of any of the provisions of this act or the foreign contribution 490f1976 (regulation) act, 1976, the unutilised or unreceived amount of foreign contribution shall not be utilised or received, as the case may be, without the prior approval of the central government q@) notwithstanding anything contained in this act, the central government may, by notification in the official gazette, specify— lo (é the person or class of persons who shall obtain its prior permission before accepting the foreign contribution; or (ii) the area or areas in which the foreign contribution shall be accepted and utilised with the prior permission of the central government; (iii) the purpose or purposes for which the foreign contribution shall be utilised 1s" with the prior permission of the central government; or (iv) the source or sources from which the foreign contribution shall be accepted: with the prior permission of the central government 12 (/) an application by a person, referred to in section [1 for grant of certificate or giving prior permission, shall be made to the central government in such form and manner grant of certificate of tegistration@ and along with such fee, as may be prescribed (2) on receipt of an application under sub-section (7), the central government shall, by an order, if the application is not in the prescribed form or does not contain any of the particulars specified in that form, reject the application (3) if on receipt of an application for grant of certificate or giving of prior permission 2% and after making such inquiry'as the central government deems fit, it is satisfied that - (a) the person making an application for registration or giving of prior permission under sub-section (/),— | | | | | | (2 | is | not | fictitious | or | benami; ||----------|-------------|-------------|-------------|------------|-------------|-------------|------------|---------------|-----------------|-------------|| oe | (ii) | has not | indulged | in | activities | aimed | at | conversion | through | inducement || 3 | or | force, | either | directly | or | indirectly, | from | one | religious | faith || (iii) | has | not | created | communal | tension | or | disharmony | in | any specified | || district | or | any | other | part | of | the | country; | | | || (iv) | has | not | been | found | guilty | of | diversion | or | mis-utilisation | of || » | $7 | (v) | is | not | engaged | or | likely | to | engage | to || violent | methods | to | achieve | its | ends; | | | | | || (vi) | is | not | likely | to | use | the | foreign | contribution | for | personal || it | for | undesirable | purposes; | | | | | | | || (vii) | has | not | contravened | any | of | the | provisions | of | this | act; || \y | (viii) | whose | certificate | has | been | suspended | and | such | suspension | of || ¢ | certificate | continues; | | | | | | | | || _ | {&) | was | previously | granted | certificate | which | had been | cancelled | before | || three | years | from | the | date of | the | application | for | grant | of | certificate || {x} | has | not | been | prohibited | from | accepting | foreign | contribution; | | |(4) the person making an application for registration under sub-section (7) has us undertaken meaningful activity in its 'chosen field for the, benefit of the people for which the foreign contribution is proposed to be utilised; or the foreign contribution (regulation) bill, 2006 arrangement of clauses chapteri preliminary clauses1 - short title, extent, application and commencement 2 definitions chapter ii regulation of foreign contribution and foregin hospmvaliry3 prohibition to accept foreign contribution 4 persons to whom section 3 shall not apply 5 procedure to notify an organisation of a political nature 6 restriction on acceptance of foreign hospitality 7 prohibition to transfer foreign contribution to other person 8 _ restriction to utilise foreign contribution for administrative purpose 9 power of central government to prohibit receipt of foreign-contribution, etc, in certain cases 10, power to prohibit payment of currency received in contravention of the act chapter il registrationll registration of certain persons with central government 12 grant of certificate of registration 13 suspension of certificate 14, cancellation of certificate 15 management of foreign contribution of person whose certificate has been cancelled 16 renewal of certificate chapteriv accounts, intimation, audit and disposal of assets, etc17 foreign contribution through scheduled bank 18 intimation 19 maintenance of accounts 20 audit of accounts 21 intimation by candidate for election 22 disposal of assets created out of foreign contribution chapter v inspection, search and seizure clauses23 inspection of accounts or records 24, seizure of accounts or records 25 seizure of article or currency or security received in contravention of the act 26 disposal of seized article or currency or security 27 seizure to be made in accordance with act 2 of 1974 chapter vi adjudication28 confiscation of article or currency or security obtained in contravention of the act 29 adjudication of confiscation, 30 procedure for confiscation chapter vii appeal and revision31 appeat 32, revision of orders by central government chapter vii offences and penalties33 making of false statement, declaration or delivering false accounts 34 penalty for article or currency or security obtained in contravention of section 10 35 punishment for contravention of any provision of the act 36 power to impose additional fine where article or currency or security is not available for confiscation 37 penalty for offences where no separate punishment has been provided 38 prohibition of acceptance of foreign contribution 39 offences by companies 40 bar to prosecution of offences under the act 41 composition of certain offences chapter ix miscellaneous42 power to call for information or document 43 investigation into cases under the act 44, returns by prescribed authority to central government 45 protection of action taken in good faith 46 power of central government to give directions 47 delegation of powers 48 power to make rules ; 49 orders and rules to be laid before parliament 50 power to exempt in certain cases 51 act not to apply to certain government transactions 52 application of other laws not barred 53 power to remove difficulties 34 repeal and saving(c) the person making an application for giving prior permission under subsection (7) has prepared a meaningful project for the benefit of the people for which the foreign contribution is proposed to be utilised; (2) in case the person being an individual, such individual has neither been convicted under any law for the time being in force nor any prosecution for any ¢~ offence pending against him; ~ (e) in case the person being other than an individual, any of jts directors or office bearers has neither been convicted under any law for the time being in force nor any prosecution for any offence is pending against him; (f the acceptance of foreign contribution by the person referred to in sub- jo section (j) is not likely to affect prejudicially - ; (3 the sovereignty and integrity of india; or (ii) the security, strategic, scientific or economic interest of the state; or ii) the public interest; or {iv) freedom or fairness of election to any legislature; or 157 (v) friendly relation with any foreign state; or (vi) harmony between religious, racial, social, linguistic, regional groups, castes or communities; (g) the acceptance of foreign contribution referred to in sub-section (1),— (i) shall not lead to incitement of an offence; 20 gi) shall not endanger the life or physical safety of any person, the central government may register such person and grant him a certificate or give him prior permission, as the case may be, subject to such terms and conditions as may be prescribed (4) where the central government refuses the grant of certificate or does not give 257 prior permission, it shall record the reasons for such refusal or for not giving of prior permission in its order made for such refusal or not giving prior permission and furnish a copy thereof to the applicant: : provided that the central: government may not communicate the reasons for refusal for grant of certificate or for not giving of prior permission to the applicant under this 72 section in cases where there is no obligation to give any information or documents or records or papers under the right to information act, 2005 22 of 2005 (5) the certificate granted under sub-section (3) shall be valid for a period of five years and the prior permission shall be valid for the specific purpose or specific amount of foreign contribution proposed to be received, as the case may be 3$7 suspension of 13 (/) where the central government, for reasons to be recorded in writing, is certificate satisfied that pending consideration of the question of canceling the certificate on any of the grounds mentioned iti sub-section {/) of section 14, it is necessary so to do, it may, by order in writing, suspend the certificate for such period not exceeding one hundred and eighty days as may be specified in the order "yo (2) every person whgse certificate has been suspended shall - (a) not receive any foreign contribution during the period of suspension of certificate: _provided that the central government, on an application made by such person, if it considers appropriate, allow receipt of any foreign contribution by such person - y - on such terms and conditions as it may specify;(6) utilise, in the prescribed manner, the foreign contribution in his custody with the prior approval of the central government cancellation of certificate 14 (7) the centralgovernment may, if it is satisfied after making such inquiry as it may deem fit, by an order, cancel the certificate if— s (a) the holder of the certificate has made a statement in, or in relation to, the application for the grant of registration or renewal thereof, which is incorrect or false; or (b) the holder of the certificate has violated any of the terms and conditions of the certificate or renewal thereof; or (c) in the opinion of the central government, it is necessary in the public interest to cancel the certificate; or (@) the holder of certificate has violated any of the provisions of this act or rules or order made thereunder, (2) no order of cancellation of certificate under this section shall be made unless the person concemed has been given a reasonable opportunity of being heard is (3) any person whose certificate has been cancelled under this section shall not be eligible for registration or grant of prior permission for a period of three years from the date of cancellation of such certificate 15() the foreign contribution and assets created out of the foreign contribution in the custody of every person whose certificate has been cancelled under section 14 shall vest qe in such authority as may be prescribed management of foreign contubution of person whose certificate has been cancelled (2) the authority referred to in sub-section (7) may, if it considers necessary and in public interest, manage the activities of the person referred to in that sub-section for such period and in such manner, as the central government may direct and such authority may as utilise the foreign contribution or dispose of the assets created of it in case adequate funds are not available for running such activity (3) the authority referred to in sub-section (7) shall retum the foreign contribution and the assets vested upon it under that sub-section to the person referred to in the said sub-section if such person is subsequently registered under this act 30 renewal of certificate 16(1) every person who has been granted a certificate under section 12 shall have such certificate renewed within six months before the expiry of the period of the certificate (2) the application for renewal of the certificate shall be made to the central goverment in such form and manner and accompanied by such fee as may be prescribed (3) the central government shall renew the certificate subject to such terms and conditions as it may deem fit and grant a certificate of renewal for a period of five years: provided that the central government may refuse to renew the certificate in case where a person has violated any of the provisions of this act or rules made thereunder chapter iv accounts, intimation, audit and disposal of assets, etcwo 17()) every person who has been granted a certificate or given prior permission under section 12 shall réceive foreign contribution in a single account only through such one of the branches of a bank as he may specify in his application for grant of certificate: foreign contribution through scheduled bankprovided that such person may open one or more accounts in one or more banks for utilising the foreign contribution received by him: 4s provided further that no funds other than foreign contribution shall be received or deposited in such account or accounts (2) every bank or authorised person in foreign exchange shall report to such authority as may be specified - (a) the amount of foreign remittance; {6} the source and manner in which the foreign remittance was received; and $7 (c) other particulars, in such form and manner as may be prescribed intimation 18(/) every person who has-been granted a certificate or given prior approval under this act shall give, within such time and in such manner as may be prescribed, an intimation to the central government, and such other authority as may be specified by the central jo government, as to the amount of each foreign contribution received by it, the source from which and the manner in which such foreign contribution was received, and the purposes for which, and the manner in which such foreign contribution was utilised by him o (2) every person receiving foreign contribution shall submit a copy of a statement indicating therein the particulars of foreign contribution received duly certified by officerof 15 the bank or authorised person in foreign exchange and furnish the same to the central government along with the intimation under sub-section (/) maintenance 19 every person who has been granted a certificate or given prior approval under of accounts this act shal! maintain, in such form and manner as may be prescribed,— (a) an account of any foreign contribution received by him; and ae (6) a record as to the manner in which such contribution has been utilised: by him audit of 20 where any person who has been granted a certificate or given prior permission, accounts fails to furnish any intimation under this act within the time specified therefor or the intimation so furnished is not in accordance with law or if, after inspection of such intimation, the as™ central government has any reasonable cause to believe that any provision of this act has been, or is being, contravened, the central government may, by general or special order, authorise such gazetted officer, holding a group a post under the central government or any other officer or authority or organisation, as it may think fit, to audit any books of account kept or maintained by such person and thereupon every such officer shall have the right to 3 o enter in or upon any premises at any reasonable hour, before sunset and after sunrise, for the purpose of auditing the said books of account: provided that any information obtained from such audit shall be kept confidential and shall not be disclosed except for the purposes of this act tatimation by candidate for election 21, every candidate for election, who had received any foreign contribution, at any 5 time within one hundred and eighty days immediately preceding the date on which he is duly nominated as such candidate, shali give, within such time and in such manner as may be prescribed, an intimation to the central government or prescribed authority or both as to the amount of foreign contribution received by him, the source from which, and the manner in which, such foreign contribution was received and the purposes for which and the manner in y 9 which such foreign contribution was utilised by him 22 where any person who was permitted to accept foreign contribution under this | disposal | of ||---------------|---------|| assets | created || out | of || contribution | © |act, ceases to exist or has become defunct, all the assets of such person shail be disposed of in acgordance with the provisions contained in any law for the time being in force under which the person was registered or incorporated, and in the absence of any such law, the ug central government may, having regard to the nature of assets created out of foreign contribution received under this act, by notification, specify that all such assets shall be disposed off by such authority, as it may specify, in such manner and procedure as may be prescribed chapter v inspection, search and seizure23 if the central government has, for any reason, to be recorded in writing, any inspection of ground to suspect that any provision of this act has been or is being, contravened by—- _ 46counts or ss (a) any political party, or records, {b) any person, or (c) any organisation, or (d) any association, it may, by general or special order, authorise such gazetted officer, holding a group a le post under the central government or such other officer or authority or organisation, as it may think fit (hereinafter referred to as the inspecting officer), to inspect any account or record maintained by such political party, person, organisation or association, as the case may be, and thereupon every such inspecting officer shall have the right to enter in or upon any premises at any reasonable hour, before sunset and after sunrise, } for the purpose of inspecting the said account or record 24 if, after inspection of an account or record referred to in section 23, the inspecting seizure of officer has any reasonable cause to believe that any provision of this act or of any other law ¢counts or relating to foreign exchange has been, or is being, contravened, he may seize such account "2" or record and produce the same before the court, authority or tribunal in which any proceeding wie is brought for such contravention: provided that the authorised officer shall return such account or record to the person from whom it was seized ifno proceeding is brought within six months from the date of such seizure for the contravention disclosed by such account or record 25 if any gazetted officer, authorised in this behalf by the central government by seizure of 257 general or special order, has any reason to believe that any person has in his possession or article or : currency or control any article exceeding the value specified in sub-clause (i) of clause (a) of subsecurity section (1) of section 2 or currency or security whetber indian or foreign, in relation to received in which any provision of this act has been or is being, contravened, he may seize such contravention article or currency or security of the act 3 oo 26(/) the central government, may, having regard to the value of article or currency disposal of or security, their vulnerability to theft or any relevant consideration, by notification, specify seized article such article or currency or security which shall, as soon as may be after their seizure, be security cy of disposed of by such officer and in such manner, as the central government may, from time to time, determine after following the procedure hereinafter specified as)py (2) the article or currency or security seized shall be forwarded without unnecessary delay to such officer as may be specified (3) where any article or currency or security has been seized and forwarded to such officer, the officer referred to in sub-section (7), shall prepare an inventory of such article or currency or security containing such details relating to their description, value or such 40 other identifying particulars as the officer referred to in that sub-section may consider relevant to the identity of the article or the currency or security and make an application to any magistrate for the purposes of certifying the correctness of the inventory so prepared (4) where an application is made under sub-section (2), the magistrate shall, as soon as may be, allow the application 1 of £872 "ye (5) notwithstanding anything contained in the indian evidence act, 1872 or the code 2 of £974 of criminal procedure, 1973, every court trying an offence under this act, shall treat the inventory, as certified by the magistrate, as primary evidence in respect of such offence (6) every officer acting under sub-section (3) shall forthwith report the seizure to the court of session or assistant session judge having jurisdiction for adjudging the confiscation under section 29 scizure to be 27 the provisions of the code of criminal procedure, 1973 shall apply in so far as they made tn accorare not inconsistent with the provisions of this act to all seizures made under this act dance with act 2 of 1974, chapter vi adjudicationconfiscation 28 any article or currency or security which is seized under section 25 shall be liable ofarticle or to confiscation if such article or currency or security has been adjudged under section 29 to currency or security have been received or obtained in contravention of this act | obtained | in ||---------------|-------|| contravention | || of | the |adjudication of 29(/) any confiscation referred to in section 28 may be adjudged— confiscation (a) without limit, by the court of session within the local limits of whose {eo jurisdiction the seizure was made; and (4) subject to such limits as may be prescribed, by such officer, not below the rank of an assistant sessions judge, as the central government may, by notification in the official gazette, specify in this behaif (2) when an adjudication under sub-section (/) is concluded by the court of session ae or assistant sessions judge, as the case may be, the sessions judge or assistant sessions judge may make such order as he thinks fit for the disposal by confiscation or delivery of seized article or currency or security, as the case may be, to any person claiming to be entitled to possession thereof or otherwise, or which has been used for the commission of any offence under this act 26 procedure for 30 no order of adjudication of confiscation shall be made unless a reasonable confiscation - apportunity of making a representation against such confiscation has been given to the person from whom any article or currency or security has been seized chapter vii appeal and revision2s appeal 31(7) any person aggrieved by any order made under section 29 may prefer an appeal,— : (a) where the order has been made by the court of session, to the high court to which such court is subordinate; or 30 (6) where the order has been made by any officer specified under clause (6) of sub-section (/) of section 29, to the court of session within the local limits of whose jurisdiction such order of adjudication of confiscation was made, within one month from the date of communication to such person of the order: provided that the appellate court may, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal within the said period of one month, allow such appeal to be preferred within a further period of one month, but not thereafter 357 "wo(2),any organisation referred to'in clause (/) of sub-section (7) of section 3, or any person or association referred to in section 6 or section 9, agerieved by an order made in pursuance of section 5 or by an order of the central government refusing to give permission under this act, or by any order made by the central government under sub-section (2) or sub-section (4) of section 12, or sub-section (/) of section 14, as the case may be, may, within sixty days from the date of such order, prefer an appeal against such order to the high court within the local limits of whose jurisdiction the appellant ordinarily resides or carries on business or personally works for gain, or, where the appellant is an organisation or association, the principal office of such organisation or association is located, (3) every appeal preferred under this section shall be deemed to be an appeal from s" an original decree and the provisions of order xli of the first schedule to the code of 5 of 1908 civil procedure, 1908, shall, as far as may be, apply thereto as they apply to an appeal from an original decree : 32(7) the central government, may, either of its own motion or on an application revision of orders by central government for revision by the person registered under this act, for revision, call for and examine the [& record of any proceeding under this act in which any such order has been passed by it and may make such inquiry or cause such inquiry to be made and, subject to the provisions of this act, may pass such order thereon as it thinks fit (2) the central government shall not of its own motion revise any order under this section if the order has been made more than one year previously - ty (3) in the case of an application for revision under this section by the person referred to in sub-section (/}, the application must be made within one year from the date on which the order in question was communicated to him or the date on which he otherwise came to know of it, whichever is earlier: provided that the central government may, if it is satisfied that such person was 20 prevented by sufficient cause from making the application within that period, admit an application made after the expiry of that period (4) the central government shall not revise any order where an appeal against the order lies but has not been made and the time within which such appeal may be made has not 2 expired or such person has not waived his right of appeal or an appeal has been filed under s$ this act (5) every application by such person for revision under this section shall be accompanied by such fee, as may be prescribed explanation an order by the central government declining to interfere shall, for the purposes of this section, be deemed not to be an order prejudicial to such person 3o chapter viii offences and penalties33 any person, subject to this act, wha knowingly, - (a) gives false intimation under sub-section (c) of section 9 or section 18; or | making | of ||-------------|-------|| statement, | || declaration | or || delivering | false || accounts, | |~ (6) seeks prior permission or registration by means of fraud, false 35 representation or concealment of material fact, : shail, on conviction by a court, be liable to imprisonment for a term which may extend to three years or with fine or with both 34, if any person, on whom any prohibitory order has been served under section 10, pays, delivers, transfers or otherwise deals with, in any manner whatsoever, any article or © currency or security, whether indian or foreign, in contravention of such prohibitory order, | penalty | for ||---------------|--------|| article | or || currency | or || security | || obtained | in || contravention | |he shall be punished with imprisonment for a term which may extend to three years, or with fine, or with both; and notwithstanding anything contained in the code of criminal of section 102 of 1974 procedure, 1973, the court trying such contravention may also impose on the person convicted an additional fine equivalent to the miarket value of the article or the amount of yy the currency or security in tespect of which the prohibitorv order has been contravened by him or such part thereof as the court may deem fit punishment for 35 whoever accepts, or assists any person, political party or organisation in accepting, contravention any foreign contribution or any currency or security from a foreign source, in contravention onan pr 'wt of any provision of this act or any rule or order made thereunder, shall be punished with imprisonment for a term which may extend to five years, or with fine, or with both power to 36 notwithstanding anything contained in the code of criminal procedure, 1973, the "2 of 1974 impose addicourt trying a person, who, in relation to any article or currency or security, whether indian tional fine or foreign, does or omits to do any act which act or omission would render-such article or oeeey bal currency or security liable to confiscation under this act, may, in the event of the conviction security is not ofsuch person for the act or omission aforesaid, impose on such person a fine not exceeding - available for five times the value of the article or currency or security or one thousand rupees, whichever |} @ confiscation —_ig more, if such article or currency or security is not available for confiscation, and the fine so imposed shall be in addition to any other fine which may be imposed on such person under this act penalty for 37 whoever fails to comply with any provision of this act for which no separate offences where penalty has been provided in this act shall be punished with imprisonment for a term which /\~~ no separate - punishment has may extend to one year, or with fine or with both been provided prohibition of 38 notwithstanding anything contained in this act, whoever, having been convicted fasplance f of any offence under section 35 or section 37, in so far as such offence relates to the contnbution acceptance or utilisation of foreign contribution, is again convicted of such offence shall not accept any foreign contribution for a period of three years from the date of the 9 «> subsequent conviction offences by 39(7) where an offence under this act or any rule or order made thereunder has companies 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, shali be deemed to be guilty of the offence and shall asm be liable to be proceeded against and punished accordingly: provided that nothing contained in this sub-section shall render such person liable to any punishment 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 offence (2) notwithstanding anything contained in sub-section (/), where an offence under 3 o this act or any rule or order made thereunder 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 shail be liable to be proceeded against and punished accordingly 3 $7 explanation— for the purposes of this section,— (a)"company" means any body corporate and includes a firm, society, trade union or other association of individuals; and (4) "director", in relation to a firm, society, trade union or other association of individuals, means a partner in the firm or a member of the governing body of 4 o such society, trade union or other association of individuals bar to 40, no court shall take cognizance of any offence under this act, except with the prosecution previous sanction of the central government or any officer authorised by that government under the act in this behalf composition 41(/) notwithstanding anything contained in the code of criminal procedure, 1973152 of 1974 of certain any offence punishable under this act (whether committed by an individual or association offences or any officer or employee thereof), not being an offence punishable with imprisonment only, may, before the institution of any prosecution, be compounded by such officers or authorities and for such sums as the central government may, by notification in the official gazette, specify in this behalf (2) nothing in sub-section (7) shall apply to an offence committed by an individual or association or its officer or other employee within a period of three years from the date on which a similar offence committed by it or him was compounded under this section explanation— for the purposes of this section, any second or subsequent offence committed after the expiry of a period of three years from the date on which the offence was previously compounded, shall be deemed to be a first offence (3) every officer or authority referred to in sub-section fan) shall exercise the powers to compound an offence, subject to the direction, control and supervision of the central government (4) every application for the compounding of an offence shall be made to the officer ke) or authority referred to in sub-section (7) in such form and manner along with such fees as may be prescribed (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 compounded (6) every officer or authority referred to in sub-section (/) while dealing with a proposal 'ss for the compounding of an offence for a default in compliance with any provision of this act which requires by an individual or association or its officer or other employee to obtain permission or file or register with, or deliver or send to, the central government or any prescribed authority any return, account or other document, may, direct, by order, ifhe or it thinks fit to do so, any individual or association or its officer or other employee to file or ao register with, such return, account or other document within such time as may be specified in the order chapter ix miscellaneouspower to 42 any inspecting officer referred to in section 23 who is authorised in this behalf by call for information the centrat government may, during the course of any inspection of any account or record maintained by any political party, person, organisation or association in connection with the or document contravention of any provision of this act, - qo (a) call for information from any person for the purpose of satisfying himself whether there has been any contravention of the provisions of this act or rule or order made thereunder; (6) require any person to produce or deliver any document or thing useful or relevant to such inspection; 35° (c) examine any person acquainted with the facts and circumstances of the case related to the inspection 2 of 1974 investigation into cases: under the act 43 notwithstanding anything contained in the code of criminal procedure, 1973, any offence punishable under this act may also be investigated into by such authority as the central government may specify in this behalf and the authority so specified shall have all the powers which an officer-in-charge of a police station has while making an investigation yo into a cognizable offence 44 the prescribed authority shall furnish to the central government at such time and in such form and manner such returns and statements as may be prescribed returns by prescribed authority to central goverament 45 no suit or other legal proceedings shall lie against the central government or protection of action taken in good faith asthe authority referred to section 44 or any of its officers in respect of any loss or damage caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance of the provisions of this act or, any rule or order made thereunder 46, the central government may give such directions as it may deem necessary to any other authority or any person or class of persons regarding the carrying into execution of the provisions of this act power of central government to give directions, delegation of powers vy 47 the central government may, by notification, direct that any of its powers or functions under this act, except power to make rule under section 22, shall, in relation to such matters and subject to such'conditions, if any, may be specified in the notification, be exercised or discharged also by such authority as may be specified power to make rules, 48(7) the central government may, by notification, make rules for carrying out the provisions of this act : te (2) in particular, and without prejudice to the generality of the foregoing power, such tules may provide for all or any of the following matters, namely:— (a) the value of the article which may be specified under sub-clause (7) of clause (a) of sub-section (2) of section 2; (8) the authority which may be specified under clause (p) of sub-section (/) of is section 2; (c) acceptance or retention of gift or presentation under clause (d) of section 4; (@) ground or grounds on which an organisation may be specified as an organisation of political nature under sub-section (2) of section 5; (e) the manner in which the administrative expenses shall be calculated under sub-section (2) of section 8; (f) the'time within which and manner in which any person or class of persons or an association may be required to furnish intimation regarding the amount of foreign contribution received under clause (c} of section 9; 2s (g) the time within which and manner in which any person or class of persons may be required to furnish intimation regarding foreign hospitality under clause (¢) of section 9; (a) the manner in which the copy of the order of the central government shall be served upon any person under section 10; qo '() the form and manner in which the application for grant of certificate of registration or giving of prior permission under sub-section (2) of section 12; (/) the fee to be accompanied by the application under sub-section (/) of section 12; (4) the terms and conditions for granting a certificate or giving prior permission under clause (g) of sub-section (3) of section 12; a (d the manner of utilising the foreign contribution under clause (6) of subsection (2) of section 13; (n) the authority with whom the foreign contribution to be vested under subsection (/) of section 15; (a) the period within which and the manner in which the foreign contribution yo shail be managed under sub-section (2) of section 15; (0) the form and manner in which the application for a renewal of certificate of registration shall be made under sub-section (2) of section 16; {p) the fee to be accompanied by the application for renewal of certificate under sub-section (2) of section 16; ats{q) the form, and manner in which the foreign remittance received in any of the accounts of the bank or authorised person in foreign exchange which shall be reported under sub-section (2) of section 17; (r) the time within which and manner in which the person who has been granted certificate of registration or given prior permission under this act shall give intimation under section 18; (s) the form and manner in which account of any foreign contribution and the manner in which such contribution has been utilised shall be maintained under section 19; (® the time within which and manner in which a candidate for election shall give intimation under section 21; jo (u) the manner and procedure to be followed in disposing of the assets under section 22; {v) the limits subject to which any confiscation may be adjudged under clause (5) of sub-section (7) of section 29; (w) the fee to be accompanied along with every application for revision under sub-section (5) of section 32; 1s (2) the form and manner for making of an application for compounding of an offence and the fees therefor under sub-section (4) of section 41; {y) the form and manner in which and the time within which returns and statements to be furnished by the prescribed authority under section 44; (2) any, other matter which is required to be, or may be prescribed 2o orders and rules 49 every order made under section 5 and every rule made by the central government' to be laid before parliament 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 ao 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 rule or both houses agree that the order or rule should not be made, the order or 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 order or rule 30 power to exeript in certain cases 50 if the central government is of opinion that it is necessary or expedient in the interests of the general public so to do, it may, by order and subject to such conditions as may be specified in the order, exempt any person or association or organisation (not being a political party), or any individual (not being a candidate for election) from the operation of all or any of the provisions of this act and may, as often as may be necessary, revoke or modify such order 35 $1 nothing contained in this act shall apply to any transaction between the government of india and the government of any foreign country or territory act itot fo apply to certain government transactions 52 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 force hia application of other laws not barred power to remove difficulties53(/) 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 necessayfor removing the difficulty: 4g provided 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 be laid, as soon as may be after it is made, before each house of parliament repeal and 54(7) the foreign contribution (regulation) act, 1976 (hereafter referred to as 49 of 1976 saving the repealed act) is hereby repealed (2) notwithstanding such repeal, —(a) anything done or any action taken or purported to have been done or taken under the repealed act shall, in so far as it is not inconsistent with the provisions of i this act, be deemed to have been done or taken under the corresponding provisions of this act; (5) any organisation of a political nature, not being a political party, to whom the prior permission was granted under section 5 of the repealed act, shall continue to be the organisation of a political nature, not being a political party, under clause (ofsub- 10 section (/) section 3 of this act, till such permission is withdrawn by the central government; (c) permission to accept foreign hospitality granted under section 9 of the repealed act shall be deemed to be the permission granted under section 6 of this act until such re permission is-withdrawn by the central government; (a) any association prohibited from accepting any foreign contribution under clause (a) of section 10 of the repealed act, in so far as it is not inconsistent with the provisions of this act, shall be deemed to be an association prohibited from accepting any foreign contribution under section 9 of this act; (e) permission obtained under clause (4) of section 10 of the repealed act shall, 2° in so far as it is not inconsistent with the provisions of this act, be deemed to be the perniission until such permission is withdrawn by the central government; (/) any order issued under section 12 of the repealed act shall be deemed to be an order issued under section 10 of this act; (g) any order issued under section 31 of the repealed act exempting any 2 s association or any individual shall be deemed to be an order under section 50 of this act till such order is varied or revoked (3) save as provided in sub-section (2), mention of particular matters in that subsection shall not be held to prejudice or affect the general application of section 6 of the jo general clauses act, 1897, with regard to the effect of repeal 10 of 1897 statement of objects and reasonsthe foreign contribution (regulation) act, 1976 was enacted to regulate the acceptance and utilisation of foreign contribution or hospitality witha view to ensuring that our parliamentary institutions, political associations, academic and other voluntary organisations as well as individuals working in important areas of national life may function in a manner consistent with the values of a sovereign democratic republic the act was amended in 1984 to extend the provisions of the act to cover second and subsequent recipients of foreign contribution and to the members of higher judiciary, besides introducing the system of grant of registration to the associations receiving foreign contribution 2 significant developments have taken place since 1984 such as change in internal security scenario, an increased influence of voluntary organisations, spread of use of communication and information technology, quantum jump in the amount of foreign contribution being received, and large scale growth in the number of registered organisations this has necessitated large scale changes in the existing act therefore, it has been thought appropriate to replace the present act by a new legislation to regulate the acceptance, utilisation and accounting of foreign contribution and acceptance of foreign hospitality by @ person or an association 3 the foreign contribution (regulation) bitl,2006 provides, inter alia, to - () consolidate the law to regulate, acceptance and utilisation of foreign contribution or foreign hospitality and prohibit the same for any activities detrimental to the national interests; (i) prohibit organisations of political nature, not being political parties from receiving foreign contribution; (i) bring associations engaged in production or broadcast of audio news or audio visual news or current affairs through any electronic mode under the purview of the bill; (iv) prohibit the use of foreign contribution for any speculative business; () cap administrative expenses at fifty per cent of the receipt of foreign contribution; (vi) exclude foreign funds received from relatives living abroad; (vii) make provision for intimating grounds for refusal of registration or prior permission under the bill; (viii) provide arrangement for sharing of information on receipt of foreign remittances by the concerned agencies to strengthen monitoring; (i) make registration to be valid for five years with a provision for renewal thereof, and also to provide for cancellation or suspension of registration; (x) make provision for compounding of certain offences 4 the bill seeks to achieve the above objects new dewi; shivraj v patil the 12th december, 2006 clause 2 this clause defines various expressions occurring in the bill clause 3—- this clause, inter alia; provides for prohibition to accept foreign contribution by certain persons or associations, namely, candidate for election, correspondent, columnist, cartoonist, editor, owner, printer or publisher of a registered newspaper, judge, government servant or employee of any corporation, or any other body controlled or owned by the government, member of any legislature, political party or office-bearer thereof, organisation of a political nature as may be specified by the central government;or association or a company engaged in the production or broadcast of audio news or audio visual news or current affairs programmes through any electronic mode or any other electronic form as defined in clause (r) of sub-section (7) of section 2 of the information technology act, 2000; or any other mode of mass communication; or correspondent or columnist, cartoonist, editor, owner of the said association or the company this clause further prohibits acceptance of any foreign contribution or any foreign currency on behalf of any political party or a person referred to in sub-clause (4) of this clause it is further provided that any currency whether indian or foreign which has been accepted from any foreign source shall not be delivered to any person if such person intends, or is likely, to deliver such currency to any political party or any of the aforesaid person clause 4— this clause provides that the prohibition to accept foreign contribution cunder clause 3° shall not apply in case where such contribution is accepted by way of salary, wages or other remuneration from any foreign source or by way of payment in the ordinary course of business transacted in india by the foreign source; or by way of payment in the course of international trade or commerce or in the ordinary course of business transacted outside india or as an agent of foreign source in relation to any transaction made by such foreign source with the central government, or state government or by way of gift or presentation made to him as a member of any indian delegation if such gift or present was in accordance with the rules made by the central government with regard to the acceptance or retention of such gift or presentation; or by way of remittance received in the ordinary course of business through any official channel, post offi ice or any authorised person in' foreign exchange under the foreign exchange management act, 1999; or by way of payment received from the relative of any person referred to in clause 3 however, in case any foreign contribution received by any person specified under clause 3 of the bill for any of the purposes other than those specified under this clause, such contribution shall be deemed to have been accepted in contravention of the provisions of clause 3 clause 5 ltem (/) of sub-clause (/) of clause 3 prohibits acceptance of foreign contribution by any organisation ofa political nature specified by the central government this clause lays down the procedure to notify an organisation of a political nature referred to in the said item (f) this clause provides that the central government may, having regard to the activities of the organisation or the ideology propagated by the organisation or the programme of the organisation or the association of the organisations with the activities of any political party, by an order published in the official gazette, specify such organisation as an organisation of a political nature not being a political party before making an order, the central government shall give the organisation in respect of whom the order is proposed to be made a notice in writing informing it of the ground or grounds, on which it is proposed to be specified an organisation of a political nature however, the central government may, by rules made by it, specify the ground or grounds on which an organisatior shall be specified as an organisation of a political nature the organisation to whom a notice has been served may, within a period of thirty days from the date of the notice, make a representation to the central government giving reasons for not specifying such organisation as an organisation of a political nature the central government may forward the representation to any authority toe report on such representation the central government shail, after considering the representation and the report of the authority, specify such organisation as an organisation of a political nafure not being a political party clause 6— this clause provides for restriction on acceptance of foreign hospitality it provides that no member of a legislature or office-bearer of a political party or judge or government servant or employee of any corporation shall, while visiting any country or territory outside india, accept, except with the prior permission of the central government any foreign hospitality however, it shall not be necessary to obtain any such permission for an emergent medical aid needed on account of sudden illness contracted during a visit outside india where such foreign hospitality has been received, the person receiving such hospitality shall give, within one month from the date of receipt of such hospitality, an intimation to the central government as to the receipt of such hospitality, and the source from which, and the manner in which such hospitality was received by him clause 7— this clause prohibits the transfer of foreign contribution to any other person it provides that no person who is registered or has obtained prior permission under the proposed legislation and receives any foreign contribution, shall transfer such foreign contribution to arty other person unless such other person is also registered or obtained prior permission under the proposed legislation clause 8— this clause contains restriction to utilise foreign contribution for administrative purposes this clause provides that every person, who is registered or has obtained prior permission under the proposed legislation and receives any foreign contribution, shall utilise such contribution for the purposes for which the contribution is received and any foreign contribution or any income azising out of it shall not be used for speculative business it further provides that such person shall not defray as far as possible such sum, not exceeding fifty per cent thereof received in a financial year to meet administrative expenses however, any sum exceeding fifty per cent of such contribution may be defrayed with prior approval of the central government this clause also confers power upon the central government to prescribe the expenses which shall be included in the administrative expenses and the manner in which the administrative expenses referred to in sub-section (/) shall be calculated clause 9— this clause confers power upon the central government to (a) prohibit any person or organisation not specified in clause 3 from accepting any foreign contribution; (5) require any person or class of persons not specified in clause 11, to furnish intimation within such time and in such manner as may be prescribed as to the amount of any foreign contribution received by such person or class of persons and the source from which and the manner in which such contribution was received and the purpose for which and the manner in which such foreign contribution was utilised; (c) require any person or class of persons not specified in clause 6 to obtain prior permission of the central government before accepting any foreign hospitality; (d) require any person or class of persons specified in sub-clause (/) of clause 11 to obtajn prior permission of the central government before accepting any foreign contribution; (e) require any person or class of persons, not specified in clause 6, to furnish intimation, within such time and in such manner as may be prescribed, as to the receipt of any foreign hospitality, the source from which and the manner in which such hospitality was received however, no such prohibition or requirement shall be made unless the central government is satisfied that the acceptance of foreign contribution by such person or class of persons or the acceptance of foreign hospitality by such person, is likely to affect prejudicially the sovereignty and integrity of india; or the public interest; or freedom or fairness of election to any legislature; or friendly relations with any foreign state; or harmony between teligious, racial, social, linguistic or regional groups, castes or communities clause 10— this clause confers power upon the central government to prohibit payment of currency received in contravention of the proposed legislation it provides that where the central government is satisfied, after making such enquiry as it may deem fit, that any person has in his custody or control of any article or currency, whether indian or foreign which has been accepted by such person in contravention of any of the provisions of the proposed legislation, it may, by order in writing, prohibit such person from paying, delivering, transferring or otherwise dealing with, in any manner whatsoever, such article or currency save in accordance with the written orders of the central government and a copy of such order shall be served upon the person so prohibited in the prescribed manner, and thereupon the provisions of sub-sections (2), (3), (4) and (5) of section 7 of the unlawful activities (prevention) act, 1967 shall, so far as may be, apply to, or in relation to, such article or currency and references in the said sub-clauses to moneys, securities or credits shall be construed as references to such article or currency ~ clause 1] - this clause contains provisions relating to registration of 'certain persons with the centrat government this clause provides that no person having a definite cultural, economic, educational, religious or social programmes shall accept foreign contribution unless such person obtains a certificate of registration from the central government however any association registered with the central government under section 6 or granted prior permission under that section of the foreign contribution (regulation) act, 1976, as it stood immediately before the commencement of this act, shall be deemed to have been registered or granted priot permission, as the case may be, under this act and such registration shall be valid for a period of five years from the date on which this section comes into force however, if a person referred to in this sub-clause is not registered with the central government, such person may accept any foreign contribution only after obtaining the prior permission from the central government and such prior permission shall be valid for the specific purpose for which it is obtained and for specific source from which it is obtained if the person referred to in sub-clause-(/) or sub-clause (2) has been found guilty of violation of any provisions of this act or the foreign contribution (regulation) act, 1976, the unutilised or unreceived amount of foreign contribution shall not be utilised or received, as the case may be, without the prior approval of the central government this clause also confers powers upon the central government to specify by 2 notification in the official gazette, a person or class of persons who, the area or areas in which, the purpose or purposes for which, the source or sources from which, the foreign contribution shall be accepted and utilised only after obtaining its prior permission clause 12— this clause contains provisions relating to procedure for grant of certificate of registration it provides that every application, for grant of certificate or giving prior permission, shall be made to the central government in such form and manner and accompanied by such fee as may be specified in rules made by the central government the central government shall, if the application is not in the prescribed form or does not contain any of the particulars specified in that form, reject the application if on receipt of an application for registration and after making such inquiry as the centra! government deems fit, it is satisfied that the applicant fulfils the requirements mentioned in items (a) to (g) of sub-clause (3) of this clause, it may register such person and grant him a certificate of registration or give prior permission subject to such terms and conditions as it may deem fit the conditions in said clauses (a) to (g) of said sub-clause (3), inter alia, provides that the acceptance of foreign contribution by the person is not likely to affect prejudicially (i) the sovereignty and integrity of india; or (i/) the security, strategy, scientific or economic interest of the state; or (ii/) the public interest; or (iv) freedom or fairness of election to any legislature; or (v) friendly relation with any foreign state; or (vi) harmony between religious, racial, sogial, linguistic, regional groups, castes or communities and the acceptance of foreign contribution, shall not fead to incitement of an offence; or shall not endanger the life or physical safety of any person this clause also provides that where the central government refuses registration or does not give prior permission, it shall record the reasons for such refusal or for not giving of prior permission and furnish a copy thereof to the applicant however, the centrai government may not communicate the reasons for refusal or giving of prior permission to the applicant under this clause in cases where there isno obligation to give any information or papers under the right to information act, 2005 the'certificate of registration shall be valid for a period of five years and the prior permission shall be valid for the specific purpose or specific amount of foreign contribution proposed to be received, as the case may be clause 13—- this clause contains provisions relating to suspension of certificate of registration the clause confers power upon the central government to suspend the certificate of registration up to one hundred and eighty days, as may be specified in the order every person whose certificate has been suspended shall not receive any foreign contribution during the period of the suspension of the certificate-and shall utilise the foreign contribution in his custody with the prior approval of the central government however, the central government, on an application made by such person, may allow receipt of any foreign contributici on such terms and conditions as it may specify clause ]4— this clause contains provisions relating to cancellation of certificate of registration the central government, may, if it is satisfied, after making such inquiry as it may deem fit, by order, cancel the certificate if the holder of the certificate has made a statement in the application for the grant of certificate or renewal thereof, whichis incorrect or false; or violated any of the terms and conditions of the certificate or renewal thereof, or violated any of the provisions of proposed legislation or cules or order made thereunder no order of cancellation of certificate shall be made unless the person concerned has been given a reasonable opportunity of being heard any person whose certificate has been cancelled shall not be eligible for registration or grant of prior permission for a period of three years from the date of cancellation of such certificate, clause 15— this clause contains provisions relating to management of foreign contribution of every person whose certificate has been cancelled it provides that the foreign contribution and assets created out of the foreign contribution in the custody of every person whose certificate has been cancelled shall vest in such authority as may be specified by rules made by the central government the authority may, if it considers necessary and in public interest, manage the activities of the person and such authority may utilise the foreign contribution or dispose of the assets created of it in case adequate funds are not available for running such activity the authority referred to in sub-clause (2) of this clause shall return the foreign contribution and the assets vested upon it under that sub-clause to the person referred to in the said sub-clause if such person is subsequently registered under this act clause: 16— this clause contains provisions relating to renewal of certificate it provides that every person who has been granted a certificate of registration shall renew his certificate within six months before the expiry of the period of the certificate the application for renewal of certificate shall be made to the central government in such form and manner and accompanied by such fee as may be prescribed the central government may renew the certificate of registration subject to such terms and conditions as it may deem fit and grant a certificate of renewal for a period of five years the central government may refuse to renew the certificate in case where a person has violated any of the provisions of proposed legislation or the rules made thereunder clause 17—- this clause contains provisions relating to foreign contribution through scheduled bank it provides that every person who has been granted a certificate or given prior permission under clause 12 shall receive foreign contribution in a single account only through such one of the branches of a bank as he may specify in his application for grant of certificate, however, such person may open one or more accounts in one or more banks for utilising the foreign contribution received by him no funds other than foreign contribution shall be received or deposited in such account or accounts this clause also provides that every bank or authorised person in foreign exchange shail report to such authority as may be specified, (a) the amount of foreign remittance; (b) the source and manner in which the foreign contribution was received; and (c) other particulars, in such form and manner as may be specified by rules made by the central government clause 18 -~ this clause contains provisions relating to giving of intimation to the centra! government, and such other authority as may be specified by the central government every person who has been granted a certificate of registration or given prior approval under the proposed legislation shall give an intimation, within such time and in such manner as may be prescribed, to the central! government, and such other authority as may be specified by the central government giving details of the amount of each foreign contribution received by him, the source from which and the manner in which such foreign contribution was received, and the purposes for which, and the manner in which such foreign contribution was utilised by him it further provides that every person receiving contribution shall submit a copy of a statement duly certified by officer of the bank or authorised person in foreign exchange to the central government along with the intimation under section 18 clause 19— this clause contains provisions relating to maintenance of accounts by every person who has been granted a certificate of registration or given prior permission under the proposed iegistation every such person shall maintain, in such form and manner as may be prescribed, an account of any foreign contribution received by him and a record as to the manner in which such contribution has been utilised by him clause 20-- this clause contains provisions relating to audit of accounts it provides that where any person who has been granted a certificate of registration or given prior permission fails to furnish any intimation under the proposed legislation within the time specified therefor or the intimation so furnished is not in accordance with law or if, after inspection of such intimation, the central government has any reasonable cause to believe that any provision of proposed legislation has been, or is being, contravened, thé central government may, by general or special order, authorise such gazetted officer, holding a group a post under the central government or any other officer or authority or organisation, as it may think fit, to audit any books of account kept of maintained by such person and thereupon every such officer shall have the right to enter in or upon any premises at any reasonable hour before sunset and after sunrise, for the purpose of auditing the said books of account any information obtained from such audit shall be kept confidential and shall not be disclosed except for the purposes of the proposed legislation ' clause 21-- this clause contains provisions relating to intimation by candidate for election this clause requires every candidate for election, who had received any foreign contribution, at any time within one » hundred and eighty days immediately preceding the date on which he is duly nominated as such candidate, to give, within such time and in such manner as may be prescribed, an intimation to the central government or the prescribed authority or both as to the ariount of foreign contributiom received by him, the source from which, and the manner in which, such foreign contribution was received and the purposes for which and the manner in which such foreign contribution was utilised by him clause 22 this clause contains provisions relating to disposal of assets treated out of foreign contribution this clause provides that where any person who was permitted to accept foreign contribution, ceases to exist or has become defunct, all the assets of such person shall be disposed off in accordance with the provisions contained in any law for the time being in force and in the absence of any such law, the central government may, having regardto the nature of assets created out of foreign contribution received under the proposed legislation, by notification, specify that all such assets shalt be disposed off by such authority, as it may specify, in such manner and procedure as may be prescribed clause 23—- this clause contains provisions relating to inspection of accounts or records it provides that if the certral government suspect on the ground that any provision of the proposed legislation has been or is being, contravened by (a) any political party; or (6) any person, or (c) any organisation, or (d) any association, it may authorise such gazetted officer holding a group a post under the central government or such other officer or authority or organisation as it may think fit to inspect any account or record maintained by such political party, person, organisations or association, as the case may be, and thereupon every such authorised officer shall have the right to enter in or upon any premises for the purpose of inspecting the said account or record clause 24— this clause contains provisions relating to seizure of accounts or records it provides that if, after inspection of an account or record, the authorised officer has any reasonable cause to believe that any provision of proposed legislation or of any _ other law relating to foreign exchange has been, or is being contravened, he may seize such account or record and produce the same before the court, authority or tribunal in which any proceeding is brought for such contravention however, the authorised officer shall return such account or record to the person from whom it was seized ifno proceeding is brought within six months from the date of such seizure for the contravention disclosed by such account or record clause 25-—this clause contains provisions relating to seizure of article or currency or security received in contravention of the proposed legislation it provides that if any gazetted officer, authorised in this behalf by the central government, has any reason to believe that any person has in his possession or control any article exceeding the value specified, or currency or security whether indian or foreign, in relation to which any provision of the proposed legislation has been or is being, contravened, he may seize such article or currency or security clause 26— this clause contains provisions relating to disposal of seized article or currency or security it provides that the central government may, having regard to the value of article or currency or security, their vulnerability to the theft or any other relevant consideration, by notification, specify such article or currency or security which shall, as soon as may be after their seizure, be disposed of by such officer and in such manner, as the central government may, from time to time, determine after following the procedure specified in the said clause clause 27—this clause provides that the provisions of the code of criminal procedure, 1973 shall apply in so far as they are not inconsistent with the provisions of this act to all seizures made under the proposed legislation clause 28— this clause contains provisions relating to confiscation of article or currency or security obtained in contravention of the proposed legislation any article or currency or security which is seized under clause 25 shall be liable to confiscation if such article or currency or security has been adjudged under clause 29 to have been received or obtained in contravention of the proposed legislation clause 29— this clause contains provisions relating to adjudication of confiscation any confiscation referred to in clause 28 may be adjudged without limit, by the court of session within the local limits of whose jurisdiction the seizure was made; and subject to such limits as may be prescribed, by such officer, not below the rank of an assistant sessions judge, as the central government may, by notification in the official gazette, specify in this behalf clause 30 this clause contains provisions relating to procedure for confiscation this clause provides that no order of adjudication of confiscation shall be made unless a reasonable opportunity of making a representation against such confiscation has been given to the person from whom any article or currency or security has been seized clause 31— this clause contains provisions relating to appeal this clause, inter alia, provides that any person aggrieved by any order made under clause 29 may prefer an appeal, where the order has been made by the court of session, to the high court to which such court is subordinate or where the order has been made by any officer specified under sub-clause (b) of clause 29, to the court of session within the local limits of whose jurisdiction such order of adjudication of confiscation was madeclause 32— this clause contains provisions relating to revision of orders by the central government this clause, inter alia, provides that the central government, may, either of its own motion or on an application for revision by the person registered under the proposed legislation, for revision, call for the record of any proceeding in which any such order has been passed by it and may make such inquiry or cause such inquiry to be made and, subject to the provisions of proposed legislation, may pass such order thereon as it thinks fit the central government shall not of its own motion revise any order under this clause if the order has been made more than one year previously in the case of an application for revision under this section by the person referred to in sub-clause (/), the application must be made within one year from the date on which the order was communicated to him or the date on which he otherwise came to know of it, whichever is earlier however, the central government may, if it is satisfied that such person was prevented by sufficient cause from making the application within that period, admit an application made after the expiry of that period the central government shall not revise any order where an appeal against the order lies but has not been made and the time within which such appeal may be made has not expired or such person has not waived his right of appeal every application by such person for revision under this clause shall be accompanied by such fee, as may be prescribed clause 33— this clause provides for punishment for making of false statement, declaration or delivering false accounts it provides that any person, subject to the provisions of the proposed legislation, who knowizgly, (a) gives a false intimation under clause 9 or clause 18; or (6) seeks prior permission or registration by means of fraud, false representation or concealment of material fact, shall, on conviction bya court, be liable to imprisonment for a term which may extend to three years or with fine or with both clause 34— this clause provides for penalty for article or currency or security obtained in contravention of clause 10 it provides that if any person, on whom any prohibitory order has been served under clause 10, pays, delivers, transfers or otherwise deals with, in any manner whatsoever, any article or currency or security, whether indian or foreign, in contravention of such prohibitory order, he shall be punished with imprisonment for a term which may extend to three years, or with fine, or with both the court trying such contravention may also impose on the person convicted an additional fine equivatent to the market value of the article or the amount of the currency or security in respect of which the prohibitory order has been contravened by him or such part thereof as the court may deem 'fit clause 35— this clause provides punishment for contravention of any provision of the proposed legislation it provides that whoever accepts, or assists any person, political party or organisation in accepting any foreign contribution or any currency or security from a foreign source in contravention of any provision of the proposed legislation or any rule or order made thereunder, shall be punished with imprisonment for a term which may extend to five years, or with fine, or with both clause 36— this clause confers power upon the court to impose additional fine where article or currency or security is not available for confiscation clause 37—- this clause provides for penalty for offences where no separate punishment has been provided under the proposed legislation clause 38— this clause prohibits acceptance of foreign contribution for a period of three years by any person in case of second or subsequent conviction under the proposed legislation : clause 39— this clause contains provisions relating to offences by companies where an offence under the proposed legislation or any rule or order made thereunder 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 however, such person shall not be liable to any punishment ifhe proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence it further provides that where an offence under the proposed legislation or any rule or order made thereunder 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 accordingly clause 40— this clause contains provisions relating to bar on prosecution of offences under the proposed legislation it provides that no court shall take cognizance of any offence under the proposed legislation, except with the previous sanction of the central government or any officer authorised by that government in this behalf clause 41 ~— this clause contains provisions relating ta certain offences it provides that any offence punishable under the proposed legislation (whether committed by an individual or association or any officer or employee thereof), not being an offence punishable with imprisonment only, may, before the institution of any prosecution, be, notwithstanding anything contained in the code of criminal procedure, 1973, compounded by such officers or authorities and for such amount as the central government may, by notification in the official gazette, specify in this behalf it further provides that no offence shall be compounded if such offence is committed by an individual or association or its officer or other employee within a period of three years from the date on which a similar offence committed by it or him was compounded under this clause it aiso provides that 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 compounded it also provides that every officer or authority referred to in sub-clause (/) of this clause while dealing with a proposal for the compounding of an offence for a default in compliance with any provision of proposed legislation which requires by an individual or association or its officer or other employee to obtain permission or file or register with, or deliver or send to, the central government or any prescribed authority any return, account or other document, may, direct, by order, if he or it thinks fit to do so, any individual or association or its officer or other employee to file or register with, such return, account or other document within such time as may be specified in the order clause 42,—- this clause confers power upon the inspecting officer referred to in clause 23 to call for informazion or require any person to produce or deliver eny document as he thinks useful or relevant to the inspection under the proposed legistation it also confers power upon the said officer to examine any person acquainted with the facts and circumstances of the case clause 43— this ciause provides that any offence punishable under the proposed legislation may also be investigated into by such authority as the central government may specify in this behalf and the authority so specified shall have all the powéry whiich an officer-in-chargé of a pciice station has while making an investigation into a cognizable offence clause 44,—this clause requires that the prescribed authority shail furnish to the central government at such time and in such form and manner such returns and statements as may be prescribed clause 45— this clause protects the action taken in good faith by the central government or the prescribed authority or any of its officers it provides that no suit or other legal proceedings shall lie against the central government or the prescribed authority or any of its officers in respect of any loss or damage caused cr likely to be caused by anything which is in good faith done or intended to be done in pursuance of the provisions of proposed legislation or any rulé or order made thereunder clause 46— this clause confers power upon the central government to give such directions as it may deem necessary to any other authority or any person or class of persons regarding the carrying into execution of the provisions of the proposed legislation clause 47— this clause contains provisions relating to delegation of powers it provides that the central government may, by notification, delegate, subject to such conditions and limitations as may be specified in the notification, such of its powers and functions under the proposed legislation (except the power to make rules) as it may deem hecessary to such authority as may be specified clause 48— this clause confers power upon the central government to make tules for carrying out the provisions of the proposed legislation, and in particular for matters specified in sub-clause (2) of the said clause clause 49— this clause requires laying of orders made under clause 5 and the rules made under the proposed legislation before each house of parliament clause 50— this clause confers power upon the central government to grant exemption in certain cases it provides that if the central government is of the opinion ~ that it is necessary or expedient in the interests 'of the general public so to do, it may, by order and subject to such conditions as may be specified in the order, exempt any person or association or organisation (not being a political party), or any individual (not being 4 candidate for election) from the operation of all or any of the provisions of the proposed legislation and may, as often as may be necessary, revoke or modify such order clause 51—- this clause provides that the provisions of the proposed legislation shall not apply to any transaction between the government of india and the government of any foreign country or territory clause 52— this clause provides that the provisions of the proposed legislation shall be in addition to, and not in derogation of, the provisions of any other law for the time being in force clause 53— this clause confers power upon the central government to remove difficulties arising in giving effect to the proposed legislation [t provides that if any difficulty arises in giving effect to the provisions of the proposed legislation, the central government may,-by order, published in the official gazette, make such provisions not inconsistent with the provisions of the proposed legislation as may appear to be necessary for removing the difficulty however, no order shall be made under this clause after the expiry of two years from the commencement of the proposed legislatiun every order made shall be laid, as soon as may be after it is made, before each house of parliament clause 54—- this clause proposes to repeal'the foreign contribution (regulation) act, 1976 and save certain matters specified in sub-clause (2) of the said clausesub-clause (/) of clause 5 of the bill confers power upon the central government to issue orders to specify the organisation referred to in the clause as an organisation of a political nature not being a political party-referred to in clause 3(/) 2 clause 48 of the bill confers power upon the central government to make rules for carrying out the provisions of the proposed jegistation the matters in respect of which rules may be made relate, inter alia, to, the vaiue of the article and the authority which may be specified under clause 2(/); acceptance or retention of gift or presentation under clause 4; ground or grounds on which an organisation may be specified as an organisation of political nature under clause 5(2); the manner in which the administrative expenses shall be calculated under clause 8(2); the time within which and manner in which any person or class of persons or an association may be required to furnish intimation regarding the amount of foreign contribution received under clause 9; the time within which and manner in which any person or class of persons may be required to furnish intimation regarding foreign hospitality under clause 9; the manner in which the copy of the order of the central government shall be served upon any person under clause 10; the form and manner in which the application for grant of certificate of registration ar giving of prior permission and fee therefor under clause 12(j); the terms and conditions for granting a certificate or giving prior permission under clause 12(3); the manner of utilising the foreign contribution under clause 13(2); the authority with whom the foreign contribution to be vested under clause 15(/); the period within which and the manner in which the foreign contribution shail be mariaged under clause 15(2); the form and manner in which the application for renewal of certificate of registration shall be made and the fees therefor under clause] 6(2); the form and manner in which the foreign remittance received in any of the accounts of the bank or authorised person in foreign exchange which shall be reported under clause 17(2); the time within which and the manner in which the person who has been granted certificate of registration or given prior permission shall give intimation under clause 18; the form and manner in which account of any foreign contribution and the manner in which such contribution has been utilised shall be maintained under clause 19; the time within which and manner in which a candidate for election shall give intimation under clause 21; the manner and procedure to be followed in disposing of the assets under clause 22; the limits subject to which any confiscation may be adjudged under clause 29(1); the fee to be accompanied along with every application for revision under clause 32(5); the form and manner for making of an application for compounding of an offence and the fees therefor under clause 41(4); the form and manner in which and the time within which returns and statements to be furnished by the prescribed authority under clause 44; any other matter which is required to be, or may be, prescribed 3 the matters in respect of which orders may be issued and the rules may be made by the central government are generally 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, ofa norma! character | Parliament_bills | 9d017208-f880-5786-a9c5-75ff36f6fb33 |
bill no 25 of 2015 the children belonging to the scheduled castes and the scheduled tribes (reservation and compulsory display of seats by educational institutions) bill, 2015 by shri sadashiv lokhande, mp a billto provide for reservation and compulsory display of seats for the children belonging to the scheduled castes and the scheduled tribes for admission in educational institutions and for matters connected therewithbe it enacted by parliament in the sixty-sixth year of the republic of india as follows:—(2) 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,—5(i) "appropriate government" means in the case of a state, the government ofthat state and in all other cases, the central government;(ii) "educational institution" means a government school or a government aidedschool or a private school or an institution, by whatever name called, offering education upto primary or secondary or senior secondary level; and(iii) "prescribed" means prescribed by rules made under this act103 there shall be reserved such number of seats in each class for children belonging tothe scheduled castes and the scheduled tribes in every educational institution, as the appropriate government may, by notification in the official gazette, specifyreservation of seats for childrenbelonging tothe scheduled castes and the scheduled tribes4 (1) every educational institution shall compulsory display the seats reserved ineach class for children belonging to the scheduled castes and the scheduled tribes15(2) the seats reserved under sub-section (1) shall be displayed outside the main gateand at every exit of the institution in such manner as may be prescribed(3) no child belonging to the scheduled caste or the scheduled tribe, if he fulfills theeligibility conditions prescribed for adminssion of children of such community, shall be denied admission on any other groundcompulsory display of seats reserved in each class for children belonging to the scheduled castes and the scheduled tribespenalty205 if any educational institution violates the provisions of this act, the head or thechairperson of the management of such institution, as the case may be, by whatever name called, shall be subject to such disciplinary action as may be prescribed and shall also be liable to a fine which shall not be less than fifty thousand rupees25power to remove difficulties6 (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 appear to it to be necessary or expedient for removing the difficulty:provided that no such order shall be made after the expiry or a period of two years fromthe date of commencement of this act30(2) every order made under this section shall, as soon as may be after it is made, be laidbefore each house of parliamentact to have overriding effect7 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 act358 (1) the provisions of this act shall not apply to minority educational institutions(2) nothing in sub-section (1) shall prevent a minority educational institution inextending the provisions of this act to such institution voluntarilyact not to apply to minority educational institutions power to make rules9 (1) the central government may, by notification in the official gazette, make rulesfor carrying out the purposes of this act40 45(2) every rule made under this act shall be laid, as soon as may be after it is made,before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both the houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule statement of objects and reasonsit has been observed that the children belonging to the scheduled castes and the scheduled tribes are denied admission in the schools and other institutions for reasons of non-availability of seats in spite of various measures taken by the government from time to time to ensure that no child belonging to the scheduled castes and the scheduled tribes is denied admission in schools or institutions, a number of students are left out from admission process for several reasons it has, therefore, become necessary that a legislation be brought forward to provide for statutory reservation of seats in each class for children belonging to the scheduled castes and the scheduled tribes and to fix the responsibility of the head of the school or institution concerned to display these reserved seats to facilitate admission of such children in a transparent manner in case, the head of the school or institution or the chairperson of the management of the school fails to display the seats reserved in each class or denies admission to such eligible children, disciplinary action may be initiated against him in addition to a fine of not less than rupees fifty thousandhence this billnew delhi;sadashiv lokhandedecember, 23, 2014 memorandum regarding delegated legislationclause 9 of the bill empowers the central government to make rules for carrying out the purposes of the bill, as the rules will relate to matters of detail only, the delegation of legislative power is of a normal character———— a billto provide for reservation and compulsory display of seats for the children belonging to the scheduled castes and the scheduled tribes for admission in educational institutions and for matters connected therewith————(shri sadashiv lokhande, mp) | Parliament_bills | 3f65701f-2bb3-538b-ab96-b97472b87490 |
bill no 61 of 2009 the indian trusts (amendment) bill, 2009 a billfurther to amend the indian trusts act, 1882be it enacted by parliament in the sixtieth year of the republic of india as follows:—1 (1) this act may be called the indian trusts (amendment) act, 2009short title and commencement(2) it shall come into force on such date as the central government may, by notificationin the official gazette, appoint52 of 18822 for section 20 of the indian trusts act, 1882, (hereinafter referred to as the principalact), the following section shall be substituted, namely:—substitution of new section for section 20 investment of trust-money10"20 where the trust-property consists of money and cannot be applied immediately or at an early date to the purposes of the trust, the trustee is bound (subject to any direction contained in the instrument of trust) to invest the money on any security or class of securities expressly authorised by the instrument of trust, or by the central government, by notification in the official gazette:15provided that, where there is a person competent to contract and entitled inpossession to receive the income of the trust-property for his life, or for any greater estate, no investment on any security or class of securities mentioned above shall be made without his consent in writing:provided further that no such consent shall be required where such investment is made in the securities of the government5explanation—for the purposes of this section, the securities, both the principal whereof and the interest whereon shall have been fully and unconditionally guaranteed by the central government or the state government, shall be deemed to be securities of such government" 3 in section 20a of the principal act, in the proviso,—(i) the words, brackets and letters "clauses (c) and (d) of" shall be omitted;amendment of section 20a(ii) for the words "said clauses", the words "said section" shall be substituted statement of objects and reasonsthe indian trusts act, 1882 (2 of 1882) provides the law relating to private trusts and trustees section 20 of the act states where the trust property consists of money and cannot be applied immediately or at an early date to the purposes of the trust, the trustee is bound, subject to any direction contained in the instrument of trust, to invest the money in securities enumerated in clauses (a) to (f) of the said section clause (a) of section 20 provides for investing the trust money in promissory notes, debentures, stock and other securities of the united kingdom of great britain and ireland and clause (b) for bonds, debentures, and annuities charged or secured by parliament of the united kingdom the law commission of india, in its 17th report has, inter alia, recommended for amendment of section 20 and for deletion of the provisions for the securities which have become obsolete2 the indian trusts (amendment) bill, 2009 seeks to amend section 20 and empowers the government to notify a class of securities, for the purposes of investing trust money and it does away with the requirement of case to case approval by the government of "any security" and provides to the trustees greater autonomy and flexibility to take decisions on investment of trust money based on their assessment of the risk return tradeoff and the relevent provisions of the trust deed it would be consistent with the current economic environment and the present shift from a merit based regulatory regime to a disclosure based regulatory regime3 the bill seeks to enable the central government to notifiy a class of securities for the purposes of investment of trust money by the trustees in such securities and it deletes reference to the outdated and obsolete securities from the act4 the bill seeks to achieve the above objectivesnew delhi;pranab mukherjeethe 21st july, 2009 annexure extracts from the indian trusts act, 1882 (2 of 1882)| ||---------------|| investment of || trust-money |20 where the trust-property consists of money and cannot be applied immediately or at an early date to the purposes of the trust, the trustee is bound (subject to any direction contained in the instrument of trust) to invest the money on the following securities, and on no others:—(a) in promissory notes, debentures, stock or other securities of any state government or of the central government, or of the united kingdom of great britain and ireland:provided that securities, both the principal whereof and the interest whereon shall have been fully and unconditionally guaranteed by any such government, shall be deemed, for the purposes of this clause, to be securities of such government;(b) in bonds, debentures and annuities charged or secured by the parliament of the united kingdom before the fifteenth day of august, 1947 on the revenues of india or of the governor-general in council or of any province:provided that, after the fifteenth day of february, 1916, no money shall be invested in any such annuity being a terminable annuity unless a sinking fund has been established in connection with such annuity; but nothing in this proviso shall apply to investments made before the date aforesaid;(bb) in india three and a half per cent, stock, india three per cent, stock, india two and a half per cent stock or any other capital stock which before the 15th day of august, 1947, was issued by the secretary of state for india in council under the authority of an act of parliament of the united kindom and charged on the revenues of india or which was issued by the secretary of state on behalf of the governor- general in council under the provisions of part xiii of the government of india act, 1935;(c) in stock or debentures of, or shares in, railway or other companies the interest whereon shall have been guaranteed by the secretary of state for india in council or by the central government or in debentures of the bombay provincial co-operative bank, limited, the interest whereon shall have been guaranteed, by the secretary of state for india in council or the state government of bombay;(d) in debentures or other securities for money issued, under the authority of any central act or provincial act or state act, by or on behalf of any municipal body, port trust or city improvement trust in any presidency-town or in rangoon town, or by or on behalf of the trustees of the port of karachi:provided that after the 31st day of march, 1948, no money shall be invested in any securities issued by or on behalf of a municipal body, port trust or city improvement trust in rangoon town, or by or on behalf of the trustees of the port of karachi;(e) on a first mortgage of immovable property situate in any part of the territories to which this act extends: provided that the property is not a leasehold for a term of years and that the value of the property exceeds by one-third, or, if consisting of buildings, exceeds by one-half, the mortgage-money;52 of 1963(ee) in units issued by the unit trust of india under any unit scheme made under section 21 of the unit trust of india act, 1963; or(f) on any other security expressly authorised by the instrument of trust, or by the central government by notification in the official gazette, or by any rule which the high court may from time to time prescribe in this behalf:provided that, where there is a person competent to contract and entitled in possession to receive the income of the trust-property for his life, or for any greater estate, no investment on any security mentioned or referred to in clauses (d), (e) and (f) shall be made without his consent in writing 20a (1) a trustee may invest in any of the securities mentioned or referred to in section 20, notwithstanding that the same may be redeemable and that the price exceeds the redemption value:power to purchase redeemable stock at a premiumprovided that a trustee may not purchase at a price exceeding its redemption value any security mentioned or referred to in clauses (c) and (d) of section 20 which is liable to be redeemed within fifteen years of the date of purchase at par or at some other fixed rate, or purchase any such security as is mentioned or referred to in the said clauses which is liable to be redemmed at par or at some other fixed rate at a price exceeding fifteen per centum above par or such other fixed rate ———— a billfurther to amend the indian trusts act, 1882————(shri pranab mukherjee, minister of finance)gmgipmrnd—3439ls(s-5)—29072009 | Parliament_bills | 7c9a7747-13a7-555b-bfb0-d1e582a5325f |
bill no 80 of 2008 the high court and supreme court judges (salaries and conditions of service) amendment bill, 2008 a billfurther to amend the high court judges (salaries and conditions of service) act, 1954and the supreme court judges (salaries and conditions of service) act, 1958be it enacted by parliament in the fifty-ninth year of the republic of india as follows:— chapter i preliminaryshort title and commencement1 (1) this act may be called the high court and supreme court judges (salaries and conditions of service) amendment act, 2008(2) sections 2, 3, 4, 7, 8, 9, 10 and 13 shall be deemed to have come into force on the 1st day of january, 2006 and the remaining provisions of this act shall be deemed to have come into force on the 1st day of september, 2008 chapter ii amendment of the high court judges (salaries and conditions of service) act, 1954amendment of section 13a28 of 19542 in the high court judges (salaries and conditions of service) act, 1954 (hereinafter referred to as the high court judges act), in section 13a,—(a) in sub-section (1), for the words "thirty thousand rupees per mensem", the words "ninety thousand rupees per mensem" shall be substituted;(b) in sub-section (2), for the words "twenty-six thousand rupees per mensem", the words "eighty thousand rupees per mensem" shall be substituted 3 in section 17a of the high court judges act, in sub-section (1),—amendment of section 17a(a) the words "plus fifty per cent of his dearness pay", shall be omitted (b) the words "plus thirty per cent of his dearness pay subject to a minimum of one thousand nine hundred and thirteen rupees per month" shall be omitted; 4 after section 17a of the high court judges act, the following section shall be inserted, namely:—insertion of new section17b"17b every retired judge or after his death, the family, as the case may be, shall be entitled to an additional quantum of pension or family pension in accordance with the following scale:—| age of pensioner or family | additional quantum of pension or family ||--------------------------------|---------------------------------------------|| additional | || quantum | of || pension | or || family | || pension | || pensioner | pension || from eighty years to less than | twenty per cent of basic pension or || eighty-five years | family pension || from eighty-five years to less | thirty per cent of basic pension or family || than ninety years | pension || from ninety years to less than | forty per cent of basic pension or family || ninety-five years | pension || from ninety-five years to less | fifty per cent of basic pension or family || than hundred years | pension || from hundred years or more | hundred per cent of basic pension or || family pension | |amendment of section 22a5 in section 22a of the high court judges act, in sub-section (2), the words "plus thirty per cent of the dearness pay" shall be omittedamendment of section 22c6 in the high court judges act, for section 22c, the following section shall be substituted, namely:—sumptuary allowance"22c the chief justice and each of the other judges of every high court shall be entitled to a sumptuary allowance of fifteen thousand rupees per month and twelve thousand rupees per month respectively" 7 in the first schedule to the high court judges act,—(a) in part i,—amendment of the first schedule(i) in paragraph 2,—(a) in clause (a), for the letters and figures "rs 21,945", the letters and figures "rs 43,890" shall be substituted;(b) in clause (b), for the letters and figures "rs 16,725", the letters and figures "rs 34,350" shall be substituted;(c) in the proviso, for the letters and figures "rs 2,70,000" and"rs 2,34,000", the letters and figures "rs 5,40,000" and "rs 4,80,000" shall respectively be substituted; (ii) in paragraph 8, for the letters and figures "rs 2,70,000", the letters and figures "rs 5,40,000" shall be substituted;(iii) in paragraph 9, for the letters and figures "rs 76,785", the letters and figures "rs 1,57,670" shall be substituted; (b) in part ii,—(i) in the proviso to paragraph 2, for the letters and figures "rs 2,70,000"and "rs 2,34,000", the letters and figures "rs5,40,000" and "rs4,80,000" shall respectively be substituted;(ii) in paragraph 3, for the figures "16,898", "20,280", "23,649","27,033", "30,420" and "33,799", the figures "34,696", "41,642", "48,559", "55,508", "62,462" and "69,402" shall respectively be substituted; (c) in part iii,—(i) in paragraph 2,—(a) in clause (b), for the letters and figures "rs 7,800", the letters and figures "rs16,020" shall be substituted;(b) in the proviso, for the letters and figures "rs 2,70,000" and"rs 2,34,000", the letters and figures "rs 5,40,000" and "rs 4,80,000" shall respectively be substituted chapter iii amendment of the supreme court judges (salaries and conditions of service) act, 195841 of 1958amendment of section 12a8 in the supreme court judges (salaries and conditions of service) act, 1958(hereinafter referred to as the supreme court judges act), in section 12a,—(a) in sub-section (1), for the words "thirty-three thousand rupees per mensem", the words "one lakh rupees per mensem" shall be substituted;(b) in sub-section (2), for the words "thirty thousand rupees per mensem", the words "ninety thousand rupees per mensem" shall be substituted 9 in section 16a of the supreme court judges act,—amendment of section 16a(a) in sub-section (1)—(i) in clause (a), the words "plus fifty per cent of his dearness pay" and"plus thirty per cent of his dearness pay" shall be omitted;(ii) in clause (b), the words "plus thirty per cent of his dearness pay" shall be omitted;10 after section 16 a of the supreme court judges act, the following section shall be inserted, namely:—"16b every retired judge or after his death, the family, as the case may be, shall be entitled to an additional quantum of pension or family pension in accordance with the following scale:—| insertion | of ||--------------------------------|-------------------------------------|| new | section || 16b | || additional | || quantum of | || pension or | || family pension | || age of pensioner or family | additional quantum of pension || pensioner | or family pension || from eighty years to less than | twenty per cent of basic pension || eighty-five years | or family pension || from eighty-five years to less | thirty per cent of basic pension || than ninety years | or family pension || from ninety years to less than | forty per cent of basic pension or || ninety-five years | family pension || from ninety-five years to less | fifty per cent of basic pension or ||----------------------------------|---------------------------------------|| than hundred years | family pension || from hundred years or more | hundred per cent of basic pension || or family pension | |amendment of section 2311 in section 23 of the supreme court judges act, in sub-section (1a), the words"plus thirty per cent of the dearness pay" shall be omittedamendment of section 23b12 in section 23b of the supreme court judges act, for the words "ten thousand" and"seven thousand five hundred", the words "twenty thousand" and "fifteen thousand" shall respectively be substituted13 in the schedule to the supreme court judges act,—amendment of the schedule(a) in part i,—(i) in paragraph 2,—(a) in clause (b), for the letters and figures "rs 6,030","rs 1,82,820" and "rs 15,360", the letters and figures "rs 12,180", "rs 3,69,300" and "rs 31,030" shall respectively be substituted;(b) in the proviso, for the letters and figures "rs 2,97,000", the letters and figures "rs 6,00,000" shall be substituted; (ii) in the proviso to paragraph 3, for the letters and figures"rs 2,70,000", the letters and figures "rs 5,40,000" shall be substituted; (b) in part ii,—(i) in paragraph 2, in clause (b), for the letters and figures "rs 16,898", the letters and figures "rs 33,795" shall be substituted; (c) in part iii,—(i) in paragraph 2,—(a) in clause (b), for the letters and figures "rs 7,800", the letters and figures "rs 16,020" shall be substituted;(b) in the proviso, for the letters and figures "rs 2,97,000" and"rs 2,70,000", the letters and figures "rs 6,00,000" and "rs 5,40,000" shall respectively be substituted statement of objects and reasonsthe salaries, allowances and pensions of the judges of the supreme court and high courts were last revised with effect from the 1st day of january, 1996, as per the high court and supreme court judges (salaries and conditions of service) amendment act, 1998 the sixth central pay commission recommended revision in the salaries and other allowances, and pensionary benefits of the central government employees including the members of all india services the government has accepted the majority of the recommendations of the commission and issued orders the revised pension rules have come into force on the 1st day of january, 20062 the need to increase the salaries, allowances and pension of the judges of the supreme court and the high courts has been necessitated because of the increase in the salaries and allowances and pensions of the central government employees on acceptance of the recommendations of the sixth central pay commission by the government3 the high court and supreme court judges (salaries and conditions of service)(amendment) bill, 2008 seeks to revise the salaries of the judges with effect from the 1st day of january, 2006, as follows:—| chief justice of india | - | from rs 33,000/- pm to rs 1,00,000/- pm ||-----------------------------|-----|-------------------------------------------------|| judges of supreme court | - | from rs 30,000/- pm to rs 90,000/- pm || chief justice of high court | - | from rs 30,000/- pm to rs 90,000/- pm || judges of the high courts | - | from rs 26,000/- pm to rs 80,000/- pm |the bill also seeks to revise the rates of sumptuary allowance and scale of free furnishing admissible to the judges of the supreme court and high courts by doubling the existing rates with effect from the 1st day of september, 20084 the rates of pension of the judges of high court and supreme court were last enhanced with effect from the 1st january, 1996 by the high court and supreme court judges (salaries and conditions of service) amendment act, 1998 and the high court and supreme court judges (salaries and conditions of service) amendment act, 2005 the sixth central pay commission recommended revision in the pensionary benefits of the central government employees including the members of all india services the revised pension rules have come into force on the 1st day of january, 2006 it is, therefore, necessary to increase suitably the existing pension, additional pension and maximum pension of the judges of the high courts and the supreme court5 based on the recommendation of the sixth central pay commission the central government has decided to grant additional quantum of pension and family pension with reference to the age of the central government pensioner and family pensioner on the same analogy, it has been decided to extend the similar benefit to all retired judges6 the bill seeks to achieve the above objectivesnew delhi;the 9th december, 2008 president's recommendation under articles 117 of the constitution of india————[copy of letter no l-11017/1/2008-jus, dated the 11th december,2008 from shri hr bhardwaj, minister of law and justice to the secretary- general, lok sabha]the president, having been informed of the subject matter of the high court and supreme court judges (salaries and conditions of service) amendment bill, 2008, recommends the introduction and consideration of the bill in lok sabha under article 117(1) and (3) of the constitution financial memorandumthe bill seeks to amend the high court judges (salaries and conditions of service)act, 1954 and the supreme court judges (salaries and conditions of service) act, 1958 so as to revise the salaries of the chief justice of india, judges of the supreme court, chief justices of high courts and judges of high courts2 the bill also seeks to revise the pension, family pension of the judges of the supreme court and high courts it further increases the sumptuary allowance so as to enable the judges to get double the existing rates of sumptuary allowance3 the additional expenditure in respect of the judges of the high courts is to be borne by the concerned state governments under article 290 of the constitution of india the bill, if enacted and brought into operation, will involve an additional expenditure of approximately rs 46 crore out of which a recurring expenditure of rs 4 crore per annum for payment of salary and rs 42 crore as non-recurring expenditure towards arrears of salaries, pension and family pension from the consolidated fund of india4 the bill does not involve any other expenditure of either recurring or non-recurring nature annexure extracts from the high court judges ( salaries and conditions of service) act, 1954 28 of 1954 chapter iii salaries and pensionssalaries of the judges13a (1) there shall be paid to the chief justice of a high court, by way of salary, thirty thousand rupees per mensem (2) there shall be paid to a judge of a high court, by way of salary, twenty-six thousand rupees per mensem family pensions and gratuities38 of 198617a (1) where a judges who, being in service on or after the commencement of the high court and supreme court judges (conditions of service) amendment act, 1986, dies whether before or after retirement in circumstance to which section 17 does not apply, family pension calculated at the rate of fifty per cent of his salary plus fifty per cent of his dearness pay on the date of his death amount to payable shall be paid from the day following the date period up to the date on which the judge would have attained the age of sixty-five years, had the survived, whichever is earlier, and thereafter at the rate of thirty per cent of his salary plus thirty per cent of his dearness pay subject to a minimum of one thousand nine hundred and thirteen rupees per monthexplanation— for the purposes of determining the person or persons entitled to family pension under this sub-section: provided that in no case the amount of family pension calculated under this sub-section shall exceed the pension payable to the judge under this act(i) in relation to a judge who elects or is eligible to received pension under part i of the first schedule, the rules, notifications and orders for the time being in force with regard to the person or persons entitled to family pension in relation to an officer of the central civil services, group 'a' shall apply;(ii) in relation to a judge who elects to receive pension under part ii or part iii of the first schedule, the ordinary rules of his service if he had not been appointed a judge with respect to the person or persons entitled to family pension shall apply and his service as a judge being treated as service therein (2) where any judge, who has elected to received the pension payable to him under part ii or part iii of the first schedule, retires, or dies in circumstances to which section 17 does not apply, gratuity, if any, shall be payable to the person or persons entitled thereto under the ordinary rules of his service if he had not been appointed a judge, his service as a judge being treated as service therein for the purpose of calculating that gratuity 22a (1) facility of rentfree houses(2) where a judge does not avail himself of the use of an official residence, he may be paid every month an allowance equivalent to an amount of thirty per cent of the salary plus thirty per cent of the dearness paysumptuary allowance22c the chief justice and each of the other judges of every high court shall be entitled to sumptuary allowance of seven thousand and five hundred rupees per month and six thousand rupees per month, respectively pensions of judges part i(1) (2) subject to the other provisions of this part, the pension payable to a judge to whom this part applies and who has completed not less than seven years of service for pension shall be,—(a) for service as chief justice in any high court, rs 21,945 per annum for each completed year of service;(b) for service as any other judge in any high court, rs 16,725 per annum for each completed year of service:provided that the pension under this paragraph shall in no case exceed rs 2,70,000 per annum in the case of a chief justice and rs 2,34,000 per annum in the case of any other judge8 notwithstanding anything contained in the foregoing provisions of this part, the pension payable to judge who has completed fourteen years of service for pension, including not less than six years of service as chief justice of one or more of the high courts, shall be rs 2,70,000 per annum9 where a judge to whom this part applies retires or has retired at any time after the26th january, 1950 without being eligible for pension under any other provision of this part, when, notwithstanding anything contained in the foregoing provisions, a pension of rs76,785 per annum shall be payable to such a judge:provided that nothing in this paragraph shall apply—(a) to an additional judge or acting judge; or (b) to a judge who at the time of his appointment is in receipt of pension (other than a disability or wound pension) in respect of any previous service under the union or a state1 2 the pension payable to such a judge shall be—(a) the pension to which he is entitled under the ordinary rules of the indian civil service if he had not been appointed judge, his service as a judge being treated as service therein for the purpose of calculating that pension; and(b) the additional pension, if any, to which he is entitled under paragraph 3: provided that the pension under clause (a) and the additional pension under clause (b) together shall in no case exceed rs 2,70,000 per annum in the case of a chief justice and rs 2,34,000 per annum in the case of any other judge 3 if such a judge has completed not less than seven years of service for pension in a high court, he shall be entitled to an additional pension in accordance with the following scale:—for seven completed years of service for pension 16,898 for eight completed years of service for pension 20,280for nine completed years of service for pension 23,649 for ten completed years of service for pension 27,033 for eleven completed years of service for pension 30,420 for twelve or more completed years of service for pension 33,7991 2 the pension payable to such a judge shall be—(a) the pension to which he is entitled under the ordinary rules of his service if he had not been appointed a judge, his service as a judge being treated a service therein for the purpose of calculating that pension; and provided that the pension under clause (a) and the additional pension under clause (b) together shall in no case exceed rs2,70,000 per annum in the case of a chief justice and rs 2,34,000 per annum in the case of any other judge———— extracts from the supreme court judges ( salaries and conditions of service) act, 195841 of 1958 chapter iii salaries and pensionssalaries of the judges12a (1) there shall be paid to the chief justice of india, by way of salary, thirty-three thousand rupees per mensem (2) there shall be paid to a judge of the supreme court, by way of salary, thirty thousand rupees per mensem 16a (1) where a judges who, being in service on or after the commencement of the high court and supreme court judges (conditions of service) amendment act, 1986,—family pensions and gratuity(a) dies before retirement, family pension calculated at the rate of fifty per centof the pension admissible to him on the date of his death shall be payable to the person or persons entitled thereto and the amount so payable shall be paid from the day following the date of death of the judge for period of seven years or for a period up to the date on which the judge would have attained the age of sixty-five years, had he survived, whichever is earlier, and thereafter at the rate of half of the family pension so admissible; and(b) dies after retirement, family pension calculated at the rate of half of the pension so admissible to him shall be payable to the person or persons entitled theretoexplanation— for the purposes of determining the person or persons entitled to family pension under this sub-section,—(i) in relation to a judge who elects or is eligible to received pension under part i of the schedule, the rules, notifications and orders for the time being in force with regard to the person or persons entitled to family pension in relation to an officer of the central civil services, group 'a', shall apply;(ii) in relation to a judge who elects to receive pension under part ii or part iii of the schedule, the ordinary rules of his service if he had not been appointed a judge with respect to the person or persons entitled to family pension shall apply and his service as a judge being treated as service therein; 23 (1) facility of rentfree houses(1a) where a judge does not avail himself of the use of an official residence, he may be paid every month an allowance equivalent to an amount of thirty per cent of the salary plus thirty per cent of the dearness paysumptuary allowance23b the chief justice and each of the other judges shall be entitled to sumptuaryallowance of ten thousand per month and seven thousand and five hundred rupees per month respectively the schedule (see sections 13 and 14) pensions of judges part i [10] m c(2) subject to the other provisions of this part, the pension payable to a chief justice to whom this part applies shall be an amount equal to the sum of the following amounts, that is to say,— [10] m c(b) an additional amount of rs 6,030 per annum for each completed year of service as the chief justice of the supreme court until he has become entitled to a pension of rs 1,82,820 per annum, and thereafter an additional amount of rs 15,360 for each completed year of such service:provided that the aggregate amount of his pension shall in no case exceed rs 2,97,000 per annum 2 the pension payable to such a judge shall be— (c)the additional pension of rs 16,898 per annum for each completed year of service for pension in the supreme court: provided that the pension under clause (a) and the additional pension under clause (b) together shall in no case exceed rs 2,97,000 per annum in the case of a chief justice and rs 2,70,000 per annum in the case of any other judge 2 the pension payable to such a judge shall be— [10] m c(b) a special additional pension of rs 7,800 per annum in respect of each completed year of service for pension as a judge in india:provided that the pension under clause (a) and the additional pension under clause (b) together shall in no case exceed rs 2,97,000 per annum in the case of a chief justice and rs 2,70,000 per annum in the case of any other judge ———— a billfurther to amend the high court judges (salaries and conditions of service) act, 1954 and the supreme court judges (salaries and conditions of service) act, 1958————(shri hr bhardwaj, minister of law and justice)gmgipmrnd—4478ls(s5)—17122008 | Parliament_bills | 5828b369-ab1d-555a-b6f9-965f6c72f9bd |
bill no 87 of 196' y-ie indian tariff (second amendment) bill 1966 a billfurther to amend the indian tariff ,act, ]934 3e it enacted by parliament in the seventeenth year of the r~'lblic of india as follows:-(1) this act may be called the indian tariff (second amend- shott title men) act, 1966 and c0mmencement 2) it shall come into force on the 1st day of january, 1967 5 3z of 1934-! in the first schedule to the indian tariff act, 1934,-am endment (a) in items nos 46, 46(1), 47(a), 47(b), 47(c), 47(1), s~~ ~(a), 48(b) and 48(c), in the last column headed "duration of ~tective rates of duty", for the figures "1966", the figures 10 ~1969" shall be substituted; (b) in items nos 70 (2) and 70 (3) ,-(i) in the third column headed "nature of duty", for the word "protective", the word "revenue" shall be substituted; (ii) in the last column headed uduration of protective s - rates of duty", the entry "december 31st, 1968" shall be omitted; (c) in items nos 72(12),72(34),72(40) (a), 72(40) (b) and 75 (12a),-' (i) in the third column headed "nature of duty", for 10 the word "protective", the word "revenue" shall be substituted; (ii) in the last column headed "duration of protective rates of duty", the entry udecember 31st, 1966" shall be omitted statement of objects and reasons ,'l'he bill seeks to amend the first schedule to the indian tariff ai'i 1934 (32 of 1934), in order to implement government decisions l'n 1 lie reports of the tariff commission on certain industries ~ the industry which will continue to be protected is:------------------------| item | no | of ||--------------|--------|--------|| tariff | | || name | | || of industry | | || ~, | | || no | | || , | | || , | | || sericulture | | || 46, | | || 46(1), | | || 47(a), | 47(b), | 47(c), || 47(1),48la), | | || 48(b) | | || and | | || 48(c) | | |:i the industries in respect of which protection will be disell"! illued from 1st january, 1967 are:-| item | no | of tariff ||------------------|-----------|--------------|| name of industry | | || ~ | | || no | | || 70(2) and 70(3) | | || 7 | | || 2(12) | | || 72(34), | 72(4o)(a) | || and | | || 72(40)(b) | | || antimony | | || acsr | and | aac || cotton textile | | || machi- | | || nery | | || piston | | || assembly | | || 7s(i2a) | | |~" ' manubhai shah nww delhi; th' iilch november, 1966 ph tt'~' dent's recommendation under article 117 of the constitution of india i' "illy of letter no 52 (2) -tar/66, dated the 19th november, 1966 frol l \ rjanubhai shah, minister of commerce, to the secretary, lok tb,bha] 'i'll" president having been informed o'f the subject matter of the i dltl\' tariff (second amendment) bill, 1966, recommends under a~th'ht 117 (1) of the constitution of india, the introduction of the i bill '" ,he november-december 1966 session of the lok sabha a bill further to amend the indian tariff act; 1934 (shri manuhhai shah, minister of commerce) | Parliament_bills | 42480001-6c20-580f-a9df-a332367d3af7 |
bill no 93 of 2014 the factories (amendment) bill, 2014 a bill further to amend the factories act, 1948be it enacted by parliament in the sixty-fifth year of the republic of india as follows:— 1 (1) this act may be called the factories (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, appoint, and different dates may be appointed for different provisions of this act and any reference in any such provision to the commencement of this act shall be construed as a reference to the coming into force of that provision2 in section 2 of the factories act, 1948 (hereinafter referred to as the principal act),—amendment of section 2(i) for clause (cb), the following clause shall be substituted, namely:—'(cb) "hazardous process" means any process where, unless special care is taken, raw materials, hazardous substances used therein or the intermediate or finished products, bye products, wastes or effluents thereof would—(a) cause material impairment to the health of the persons engagedin or connected therewith; or(b) result in the pollution of the general environment;';(ii) after clause (cb), the following clause shall be inserted, namely:—5'(cc) "hazardous substance" means any substance as prescribed or preparation of which by reason of its chemical or physio-chemical properties or handling is liable to cause physical or health hazards to human being or may cause harm to other living creatures, plants, micro-organisms, property or the environment;'; (iii) after clause (e), the following clause shall be inserted, namely:—101 of 1996'(ea) "disability" shall have the same meaning assigned to it in clause (i)of section 2 of the persons with disabilities (equal opportunities, protection of rights and full participation) act, 1995;'; (iv) in clause (f), after the words "particular area", the words "or a factory" shall be inserted;(v) in clause (k), for sub-clause (iv), the following sub-clause shall be substituted, namely:—15"(iv) composing and processing for printing, printing by letter press, lithography, offset, photogravure, screen printing, flexography, or other similar process or binding; or"; (vi) in clause (m),—20(a) in sub-clause (i), after the words "whereon ten or more workers", the words "or such number of workers as may be prescribed by the state government" shall be inserted;(b) in sub-clause (ii), after the words "whereon twenty or more workers", the words "or such number of workers as may be prescribed by the state government" shall be inserted;(c) after sub-clause (ii) but before explanation 1, the following proviso shall be inserted, namely:25"provided that the number of workers specified in sub-clause (i)and sub-clause (ii) shall not exceed twenty and forty workers, respectively";30(vii) in clause (n), in the first proviso, for sub-clause (iii), the following subclause shall be substituted, namely:—"(iii) in the case of a factory owned or controlled by the central government, or any state government, or any local authority, the person or persons appointed to manage the factory by the central government, the state government or the local authority or such authority as may be prescribed, as the case may be, shall be deemed to be the occupier;";35(viii) for clause (p), the following clause shall be substituted, namely:—'(p) "prescribed" means prescribed by rules made by the central government or the state government, as the case may be, under this act;'amendment of section 6403 in section 6 of the principal act, for the explanation, the following explanation shall be substituted, namely:—45"explanation—a factory shall not be deemed to be extended within the meaning of this section by reason only of the replacement of any plant or machinery or within such limits as may be prescribed, or the addition of any plant or machinery, if such replacement or addition does not reduce the minimum clear space required for safe working around the plant or machinery or result in hazardous conditions likely to cause accident, dangerous occurrence or injuries to health of workers or public or adversely affect the environmental conditions from the evolution or emission of steam, heat or dust or fumes, or chemical or biological wastes injurious to health and a certificate in writing shall be given by a competent person to this effect:50provided that till such certificate is given by a competent person, a certificate given in writing by the occupier shall be valid''amendment of section 74 in section 7 of the principal act, in sub-section (1), in clause (e), for the word"horse- power" at both the places where it occurs, the words "power in kilowatts" shall be substituted5 in section 7b of the principal act,—amendment of section 7b5(a) for sub-section (5), the following sub-section shall be substituted, namely:—"(5) it shall be the duty of a person,—10(a) who erects or installs any article for use in a factory, to ensure, so far as practicable, that such article so erected or installed does not make it unsafe or a risk to health when that article is used by the persons in such factory;(b) who manufactures, imports or supplies any substance for use in any factory—15(i) to ensure, so far as practicable, that such substance is safe and has no risks involved to health of persons working in such factory;(ii) to carry out or arrange for carrying out of such tests and examination in relation to such substance as may be necessary;20 25(iii) to take such steps as are necessary to secure that the information about the results of tests carried out in connection with the use of the substance as referred to in sub-clause (ii) is available in a factory along with conditions necessary to ensure its safe use and no risks to health; (c) who undertakes the manufacture of any substance for use in any factory to carry out or arrange for the carrying out of any necessary research with a view to discover and, so far as practicable, to ensure the elimination or minimisation of any risks to health or safety to which the substance may give rise out of such manufacture or research";30(b) in sub-section (6), for the word "article" at both the places where it occurs, the words "article or substance" shall be substituted;(c) for the explanation, the following explanation shall be substituted, namely:—'explanation—for the purposes of this section—(a) "article" shall include plant and machinery;35(b) "substance" means any natural or artificial substance whether in a solid or liquid form or in the form of a gas or vapour; and(c) "substance for use in any factory" means any substance whether or not intended for use by persons working in a factory'amendment of section 13406 in section 13 of the principal act, in sub-section (2), for the words "the state government", the words "the central government or the state government" shall be substitutedamendment of section 177 in section 17 of the principal act, in sub-section (4), for the words "the state government", the words "the central government or the state government" shall be substitutedamendment of section 18458 in section 18 of the principal act, in sub-section (3), the words "wherein more than two hundred and fifty workers are ordinarily employed" shall be omitted9 in section 20 of the principal act, sub-section (4) shall be omittedamendment of section 20amendment of section 2110 in section 21 of the principal act, in sub-section (2), for the words "the state government", the words "the central government or the state government" shall be substituted11 in section 22 of the principal act,—amendment of section 225(a) in sub-section (1), for the words and brackets ''adult male worker wearing tight fitting clothing (which shall be supplied by the occupier)'', the words and brackets ''adult male worker wearing tight fitting clothing or adult female worker wearing tight fitting clothing (which shall be supplied by the occupier), covering loose hair'' shall be substituted;(b) in sub-section (2), for the word "woman" at both the places where it occurs, the words "pregnant woman or a person with disability" shall be substituted;10(c) in sub-section (3), for the words "the state government", the words "the central government or the state government" shall be substitutedamendment of section 2312 in section 23 of the principal act, in sub-section (2), for the words "the state government", the words "the central government or the state government" shall be substituted13 section 26 of the principal act shall be omittedomission of section 261514 for section 27 of the principal act, the following section shall be substituted, namely:—substitution of new section for section 27"27 no young person or pregnant woman or a person with disability shall be employed in any part of a factory for pressing cotton in which a cotton-opener is at work"20prohibition of employment of young persons, pregnant woman and persons with disabilities near cottonopeners amendment of section 2815 in section 28 of the principal act, in sub-section (4), for the words "the state government", the words "the central government or the state government" shall be substitutedamendment of section 292516 in section 29 of the principal act, in sub-section (2), for the words "the state government", the words "the central government or the state government" shall be substitutedamendment of section 3117 in section 31 of the principal act, in sub-sections (2) and (3), for the words "the state government", the words "the central government or the state government" shall be substitutedamendment of section 343018 in section 34 of the principal act, in sub-section (2), for the words "the state government", the words "the central government or the state government" shall be substitutedamendment of section 3519 in section 35 of the principal act, for the words "the state government", the words"the central government or the state government" shall be substituted3520 after section 35 of the principal act, the following section shall be inserted, namely:—insertion of new section35a personal protective equipment"35a (1) the occupier, having regard to the nature of the hazards involved in the work and processes being carried out, shall supply to the workers exposed to such hazards, suitable personal protective equipment and protective clothing as may be necessary40(2) the personal protective equipment and protective clothing supplied to the workers as required under sub-section (1) shall conform to an international standard where national standard for such protective equipment or clothing is not available45 (3) the occupier shall maintain all items of personal protective equipment and protective clothing referred to in sub-section (1) in a clean and hygienic condition and in good repair5(4) the central government or the state government may make rules prescribing the standards of maintenance, issue of personal protective equipment and protective clothing with a view to ensure their effectiveness in relation to the conditions of use and conformity to their quality standards" 21 for section 36 of the principal act, the following section shall be substituted, namely:—substitution of new section for section 36 entry into confined spaces10 15 20 25 30 35 40 45amendment of section 3750'36 (1) no person shall be required or allowed to enter any chamber, tank, vat, pit, pipe, flue or other confined space in any factory in which any gas, fume, vapour or dust is likely to be present to such an extent as to involve risk to persons being overcome thereby, unless it is provided with a manhole of adequate size or other effective means of egress or wherein the oxygen content is less than the prescribed content of oxygenexplanation— for the purpose of this sub-section, the expression "adequate size" means,—(a) in the case of a rectangular shape manhole, of not less than 50 cms x30 cms;(b) in the case of an oval shape manhole, of not less than 50 cms major axis and 30 cms minor axis;(c) in the case of a circular shape manhole, of not less than 50 cms diameter(2) no person shall be required or allowed to enter in any boiler furnace, boiler flue, chamber, tank, vat, pipe or other confined space in any factory for the purpose of working or making any examination therein until—(a) it has been sufficiently cooled, by ventilation or otherwise, and is safe for persons to enter; and(b) wherever there is likelihood of deficiency of oxygen,— (i) a certificate in writing has been given by a competent person, based on test carried out by himself, that the space is not deficient in oxygen so as to be unsafe for persons to enter; or(ii) the worker is wearing suitable breathing apparatus and a safety harness for confined spaces securely attached to a rope is available of which the free end is held by a person standing outside the confined space (3) no person with any disability, or, any pregnant woman, shall be required or allowed to enter in any chamber, tank, vat, pit, pipe, flue or other confined space in any factory as referred to in sub-section (1) and in any boiler, furnace, boiler flue, chamber, tank, vat, pipe or other confined space in any factory as referred to in sub-section (2)(4) the suitable breathing apparatus, reviving apparatus and safety harness and ropes, shall be kept for instant use in every factory and in every such confined space as referred to in sub-section (1) or in clause (b) of sub-section (2), which any person may enter, and all such apparatus shall be periodically examined and certified by a competent person to be fit for use; and a sufficient number of persons employed in every factory shall be trained and practiced in the use of all such apparatus and in the method of restoring respiration(5) the state government may, by order in writing, exempt, subject to such conditions as it may think fit to impose, any factory or class or description of factories from compliance with any of the provisions of this section' 22 in section 37 of the principal act,—(a) in sub-section (1),—(i) for the portion beginning with the words "any manufacturing process produces" and ending with the words "any such explosion by—", the following shall be substituted, namely:—"any manufacturing process, storage or handling of, raw material, intermediate product or finished product produces dust, gas, fumes or vapour to such an extent as to be likely to result in fire or explosion on ignition or otherwise, all practicable measures shall be taken to prevent any such fire or explosion by—"; (ii) after clause (c), the following clause shall be inserted, namely:—''(d) explosive gas measurement by suitable and calibrated instrument, at such intervals as may be prescribed'';5(b) after sub-section (4), the following sub-sections shall be inserted, namely:—10"(4a) in any factory if any flammable gas, fume or dust is likely to be present in any area, the electrical equipment, apparatus and fittings in that area shall be selected, installed and maintained as per the national electrical code and shall conform to the relevant national standards, or to an international standard where national standard is not available(4b) the electrical equipment, apparatus and fittings referred to in subsection (4a), shall be duly approved before use in factories by the directorate general of occupational safety and health"15amendment of section 3823 in section 38, in sub-section (3), for the words "the state government", the words"the central government or the state government" shall be substitutedamendment of section 40b24 in section 40b of the principal act, for the words "the state government", wherever they occur, the words "the central government or the state government" shall be substitutedamendment of section 41a2025 in section 41a of the principal act, for the words "the state government", wherever they occur, the words "the central government or the state government" shall be substituted26 in section 41b of the principal act,—amendment of section 41b(i) for sub-section (4), the following sub-section shall be substituted, namely:—25"(4) (a) the occupier of a factory involved in the manufacture, storage or handling such hazardous substances in quantities equal to or more than such quantities as may be prescribed, shall draw up in consultation with workers' representatives an on-site emergency plan and detailed disaster control measures for his factory and submit the same for information of the chief inspector and other authorities as may be prescribed30 (b) the occupier of the factory shall make known to the workers employed in the factory and to the general public in the vicinity of the factory, the safety measures required to be taken in accordance with the on-site emergency plan and detailed disaster control measures drawn under sub-clause (a) above in the event of an accident taking place:35provided that the central government or the state government or the chief inspector may, subject to the prior approval of the central government or the state government, by order in writing, require any factory carrying on hazardous process, irrespective of the quantity of hazardous substances in the premises, to draw up an on-site emergency plan and disaster control measures"; (ii) in sub-section (5),—40(a) in clause (a), for the words "factory engaged", the words "factory is engaged" shall be substituted;(b) in clause (b), before the words "within a period of", the words "at least" shall be insertedamendment of section 41c4527 in section 41c of the principal act, in clause (a), for the words "chemical, toxic or any other harmful substances", the words "hazardous substances" shall be substitutedamendment of section 41d28 in section 41d of the principal act, in sub-section (1), for the words "prevention and recurrence", the words "prevention of recurrence" shall be substitutedamendment of section 41e29 in section 41e of the principal act, in sub-section (1), for the words "director general of factory advice service and labour institutes", the words "directorate general of occupational safety and health" shall be substitutedamendment of section 41f530 in section 41f of the principal act, in sub-section (1), for the words and brackets"threshold limits of exposure of chemical and toxic substances in manufacturing processes (whether hazardous or otherwise)", the words "limits of exposure of chemical and toxic substances in manufacturing process" shall be substitutedamendment of section 41g1031 in section 41g of the principal act, in sub-section (1), for the words "the state government", the words "the central government or the state government" shall be substituted32 after section 41h of the principal act, the following section shall be inserted, namely:—"41-i the central government or the state government may make rules —15(a) specifying standards of health and safety to be followed in hazardous process;| insertion | of ||--------------|---------|| new | section || 41-i | || power to | || make rules | || regarding | || hazardous | || process | |(b) prohibiting or restricting employment of young persons, pregnant women, and any class of adult workers in manufacture, storage or handling involving hazardous process;(c) prohibiting, restricting or controlling the use of hazardous substances"20amendment of section 4533 in section 45 of the principal act, in sub-section (3), for the words "the state government", the words "the central government or the state government" shall be substituted34 for section 46 of the principal act, the following section shall be substituted, namely:—substitution of new section for section 46 canteens25 30 35 40 45amendment of section 4750"46 (1) in every factory wherein two hundred or more workers are ordinarily employed, there shall be provided and maintained a canteen or canteens by the occupier for the use of the workers(2) the state government may prescribe—(a) the standards in respect of construction, location, accommodation, furniture, cleanliness and other equipment of the canteen;(b) the foodstuffs to be served therein and the charges which may be made therefor;(c) the constitution of managing committee for the canteen and representation of the workers in the management of the canteen;(d) the items of expenditure in the running of the canteen which are not to be taken into account in fixing the cost of foodstuffs and the expenditure of the items shall be borne by the occupier;(e) the periodical medical examination of canteen employees; and (f) the delegation to the chief inspector, subject to such conditions, as may be prescribed, of the power to make rules under clause (b)(3) the chief inspector may, subject to such conditions as may be specified by him, after recording the reasons in writing, relax the requirement of sub-section (1) for a period not exceeding twelve months for existing factories to provide the facility of canteen" 35 in section 47 of the principal act,—(a) in sub-section (1),—(i) for the words "one hundred and fifty", the word "seventy-five" shall be substituted;(ii) for the words "suitable shelters or rest rooms", the words "suitable and separate shelters or rest rooms for male and female workers" shall be substituted;5(iii) in the first proviso, for the words "as part of the requirements", the words "as part of requirements relating to the lunch room" shall be substituted; (b) after sub-section (3), the following sub-section shall be inserted, namely: —"(4) the chief inspector may, subject to such conditions as may be specified by him, after recording the reasons, relax the requirement of sub-section (1), for a period not exceeding twelve months for existing factories to provide the facility of shelters, rest rooms and lunch rooms"amendment of section 5610amendment of section 5915amendment of section 642036 in section 56 of the principal act, for the proviso, the following proviso shall be substituted, namely:"provided that where the state government is satisfied, it may, by notification in the official gazette, increase the period of spreadover upto twelve hours in a factory or group or class or description of factories" 37 in section 59 of the principal act, after sub-section (5), the following explanation shall be inserted, namely:—'explanation—for the purposes of this section, the term ''such allowances''means all allowances except those of complimentary in nature such as house rent allowance, transport and small family allowance' 38 in section 64 of the principal act,—(a) in sub-section (4), in sub-clause (iv), for the word "fifty", the words "one hundred" shall be substituted;(b) in sub-section (5), for the words "rules made", the words, brackets and figures "rules made before the commencement of the factories (amendment) act, 2014" shall be substituted 39 in section 65 of the principal act, in sub-section (3), in clause (iv),—amendment of section 6525(a) for the word "seventy-five", the words "one hundred and fifteen" shall be substituted;(b) after explanation, the following proviso shall be inserted, namely:—30"provided that the state government or the chief inspector may, subject to the prior approval of the state government, by order further enhance the total number of hours of overtime work in any quarter to one hundred and twenty-five in the public interest"40 for section 66 of the principal act, the following section shall be substituted, namely:—substitution of new section for section 6635"66 the provisions of this chapter shall, in their application to women in factories, be supplemented by the following further restrictions, namely:—further restrictions on employment of women40 45 50(a) no exemption from the provisions of section 54 may be granted in respect of any women;(b) there shall be no change of shifts except after a weekly holiday or any other holiday; and(c) no woman shall be required or allowed to work in any factory except between the hours of 6 am and 7 pm:provided that where the state government or any person, authorised by it in this behalf, is satisfied that adequate safeguards exist in a factory as regards occupational safety and health, provision of shelter, rest rooms, lunch rooms, night crèches and ladies' toilets, equal opportunity for women workers, adequate protection of their dignity, honour and safety, protection from sexual harassment, and their transportation from the factory premises to the door step of their residence, it may, by notification in the official gazette, after due consultation with, and obtaining the consent of, the women workers, the employer, representative organisation of the employer and representative organisation of workers of the concerned factory or group or class or description of factories, allow women to work between 700 pm and 600 am in such factory or group or class or description of factories, subject to such conditions as may be specified therein:510provided further that no such permission shall be granted to a womanworker during a period of sixteen weeks before and after her childbirth, of which at least eight weeks shall be before the expected childbirth, and for such additional period, if any, as specified in the medical certificate stating that it is necessary for the health of the woman worker or her child:provided also that the restriction contained in the preceding proviso maybe relaxed at the express request of a woman worker on the basis of the medical certificate stating that neither her health nor that of her child will be endangered"41 in section 76 of the principal act, clause (b) shall be omittedamendment of section 76amendment of section 7726 of 19381561 of 198642 in section 77 of the principal act, for the words and figures "the employment of children act, 1938", the words, brackets and figures "the child labour (prohibition and regulation) act, 1986" shall be substituted43 in section 79 of the principal act,—amendment of section 79(a) in sub-section (1),—20(i) in the opening portion, for the figures and word "240 days", the figures and word "90 days" shall be substituted; (ii) in explanation 1, for the figures and word "240 days", the figures and word "90 days" shall be substituted; (b) in sub-section (2), for the word "two-thirds", the word "one-fourth" shall be substituted25amendment of section 8744 in section 87 of the principal act,—(a) in the opening portion, for the words "the state government", the words "the central government or the state government" shall be substituted; (b) in clause (b), for the words "women, adolescents or children", the words"young persons or women or persons with disabilities" shall be substituted30amendment of section 8845 in section 88 of the principal act, in sub-section (3), for the words "the stategovernment", the words "the central government or the state government" shall be substituted46 in section 89 of the principal act, sub-section (4) shall be omittedamendment of section 89 amendment of section 903547 in section 90 of the principal act, for the words "state government", wherever they occur, the words "central government or the state government" shall be substitutedamendment of section 91a48 in section 91a of the principal act, in sub-section (1), for the words "director general of factory advice service and labour institutes", the words "director general of occupational safety and health" shall be substituted4049 for section 92 of the principal act, the following sections shall be substituted, namely:—substitution of new sections for section 92general penalty for offences"92 (1) save as otherwise expressly provided in this act and subject to the provisions of section 93, if in, or in respect of, any factory there is any contravention of the provisions of chapters i, iii (except sections 11, 18, 19 and 20), iv, iva (except sections 41b, 41c and 41h), vii and ix (except section 89) of this act or of any rules made thereunder or any order in writing given thereunder, the occupier and the manager of the factory shall each be guilty of an offence and punishable with imprisonment for a term which may extend to two years or with fine which may extend to three lakh rupees or with both, and in any case it shall not be less than thirty thousand rupees:5provided that where the contravention of any of the provisions of the chapters referred to in sub-section (1) or rules made thereunder has resulted in an accident causing death or serious bodily injury, the fine shall not be less than seventy-five thousand rupees10(2) if the contravention is continued after conviction under sub-section (1), then the occupier and manager of the factory shall each be guilty of an offence and punishable with a further fine which shall not be less than two thousand rupees for each day on which the contravention is so continued15(3) in respect of any contravention of any of the provisions of this act or of any rules made thereunder or any order in writing given thereunder other than those mentioned under sub-section (1), for which no penalty has been provided the occupier and manager of the factory shall each be guilty of an offence and punishable with fine which may extend to one lakh fifty thousand rupees and if the contravention is continued after conviction, with a further fine which shall not be less than one thousand rupees for each day on which the contravention is so continued20 explanation—for the purposes of this 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, sight or hearing, or the fracture of any bone, but shall not include the fracture of bone or joint (not being fracture of more than one bone or joint) of any phalanges of the hand or foot25penalties for offences bypersons other than occupier92a if any person, who designs, manufactures, imports or supplies any article or substance for use in a factory and contravenes any of the provisions of section 7b, he shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to three lakh rupees or with both| penalties | in ||-------------------------------------------------------------------------------------|------|| certain other | || cases | || 30 | || 92b ( | 1 || comply with any of the provisions of act or the rules made thereunder, he shall be | || punishable with imprisonment for a term which may extend to six months or with fine | || which may extend to three thousand rupees or with both | || ( | 2 || of section 20, he shall be punishable within fine not exceeding one hundred rupees | || 35 | || ( | 3 || ( | 2 || rupees | |(4) if any worker employed in a factory contravenes the provisions of subsection (1) of section 97 or section 111 or of any rule or order made thereunder, he shall be punishable with fine which may extend to one thousand five hundred rupees40compounding of certain offences92c (1) the central government or the state government may, by notificationin the official gazette, prescribe in respect of the offences specified in the fourth schedule, which may before the institution of the prosecution, be compounded by such officers or authorities and for such amount as prescribed:45provided that the central government or the state government, as the case may be, may, by notification in the official gazette, amend the fourth schedule by way of addition, omission or variation of any offence specified in the said schedule(2) where an offence has been compounded under sub-section (1), no further proceedings shall be taken against the offender in respect of such offence50(3) nothing contained in sub-section (1) shall apply to offence committed within a period of three years from the date on which a similar offence committed was compounded under sub-section (1)''50 for section 93 of the principal act, the following section shall be substituted, namely:—substitution of new sectionfor section 935'93 (1) where in any premises separate buildings are leased to different occupiers for use as separate factories, the owner of the premises shall be responsible for provision and maintenance of—liability of owner of premises in certain circumstances(i) common facilities and services such as approach roads, drainage, watersupply, lighting and sanitation;(ii) adequate staircases; (iii) precaution in case of fire;10(iv) ensuring structural stability; (v) hoists and lifts; and (vi) any other common facilities15(2) where in any premises, independent or self-contained, floors or flats, compartments, rooms, galas, sheds are used as separate factories, the owner of the premises shall be responsible for the provision and maintenance of–(i) latrines, urinals and washing facilities; (ii) safety of machinery and plant installed in the common place or location of an occupier;20(iii) safe means of access to floors or flats, compartments, rooms, galas,sheds and maintenance and cleanliness of staircases and common passages;(iv) precautions in case of fire; (v) hoists and lifts;25(vi) prohibition of the common passages, balconies, verandas, access space, staircases and such other common spaces for use of any activity not intended in such spaces;(vii) ensuring structural stability; and (viii) any other common facilities provided in the premises30(3) the owner of premises shall be responsible for provision, maintenance or arrangement for any other facility which may be required but not specified in sub-sections (1) and (2) above(4) the chief inspector shall have, subject to the control of the state government, the power to issue orders to the owner of the premises referred to in sub-sections (1)and (2) in respect of the carrying out of the provisions of canteens, shelter, rest rooms and creches35(5) in respect of sub-section (3) while computing for the purposes of any of the provisions of this act, the total number of workers employed in the whole of the premises shall be deemed to be in a single factory40(6) the owner of the premises shall be liable for any contravention of any of the provisions of this section, as if he were the occupier or manager of a factory, and shall be punishable in accordance with the provisions of section 92 explanation—for the purposes of this section, "owner" shall include promoter, co-operative society, trust, receiver, special officer, as the case may be'51 in section 94 of the principal act,—amendment of section 94(a) in sub-section (1),—(i) for the words "ten thousand rupees but which may extend to two lakh rupees", the words "forty thousand rupees but which may extend to six lakh rupees" shall be substituted;5(ii) in the first proviso, for the words "ten thousand rupees", the words"forty thousand rupees" shall be substituted;(iii) for the second proviso, the following proviso shall be substituted, namely:—10 "provided further that where contravention of any of the provisions of chapters mentioned in sub-section (1) of section 92 or of any rules made thereunder has resulted in an accident causing death or serious bodily injury, the fine shall not be less than one lakh rupees"15(b) after sub-section (1), as so amended, the following sub-section shall be inserted, namely:— "(1a) if any person who has been convicted of any offence punishable under section 92a is again guilty of an offence involving a contravention of the same provision, he shall be punishable on a subsequent conviction,—20(i) in case of contravention of sub-section (1) of section 92a, with imprisonment for a term which may extend to one year or with fine which shall not be less than forty thousand rupees but which may extend to five lakh rupees or with both; and(ii) in case of contravention of sub-section (2) of section 92a, with imprisonment for a term which may extend to six months or with fine which may extend to five hundred rupees or with both";25 (c) in sub-section (2), after the word, brackets and figure "sub-section (1)", the words, brackets, figure and letter "and sub-section (1a)" shall be insertedamendment of section 953052 in section 95 of the principal act, for the portion beginning with the words "being examined by, an inspector" and ending with the words "ten thousand rupees or with both", the following shall be substituted, namely:—35"being examined by, an inspector or does not provide reasonable and necessary assistance or co-operation to an inspector in reaching the concern spot, branch, section, department in a factory, or conceals any fact or figures required for effective implementation of the provisions of the act, shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to thirty thousand rupees or with both"amendment of section 9653 in section 96 of the principal act, for the words "ten thousand rupees", the words"thirty thousand rupees" shall be substituted54 in section 96a of the principal act,—40amendment of section 96a(a) for the words "two lakh rupees", the words "six lakh rupees" shall be substituted;(b) for the words "five thousand rupees", the words "fifteen thousand rupees"shall be substitutedamendment of section 974555 in section 97 of the principal act, for sub-section (1), the following sub-section shall be substituted, namely:—"(1) subject to the provisions of section 111, no worker employed in a factory shall contravene any provisions of this act or of any rule or order made thereunder, imposing any duty or liability on the workers"amendment of section 9856 in section 98 of the principal act, for the words "one thousand rupees", the words"three thousand rupees" shall be substitutedamendment of section 9957 in section 99 of the principal act, for the words "one thousand rupees", the words"three thousand rupees" shall be substituted5amendment of section 10258 in section 102 of the principal act, in sub-section (2), for the words "one hundredrupees", the words "three hundred rupees" shall be substitutedamendment of section 10459 in section 104 of the principal act, for sub-section (2), the following sub-section shall be substituted, namely:–1061 of 1986"(2) a declaration in writing by a certifying surgeon or any other medical authority notified in this behalf by the state government under sub-section (2) of section 16 of the child labour (prohibition and regulation) act, 1986 relating to a worker stating therein that he has personally examined such worker to be under or over the age stated as such in the declaration shall, for the purposes of this act and rules made thereunder, be conclusive evidence as to the age of that worker"15| 60 ||--------------|| amendment of || section 111 || amendment of || section 112 |2061 in section 112 of the principal act, for the words ''the state government may make rules'', the words, figures and letter ''subject to the provisions contained in section 112a, the state government may make rules'' shall be substituted62 after section 112 of the principal act, the following section shall be inserted, namely:—| insertion | of ||------------------|---------|| new | section || 112a | || power to make | || rules by central | || government | |"112a (1) the central government may, by notification and consultation with the state governments, frame rules with a view to bring uniformity in the areas of occupational safety, health or such other matter as it may consider necessary25 30(2) every rule made by the central government shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule" 63 the first schedule to the principal act shall be omittedomission of first schedule35insertion of fourth schedule64 after third schedule to the principal act, the following schedule shall be inserted, namely:—"the fourth schedule(see section 92c) list of compoundable offences40serialsection and rules framed thereunder andnature of offencenumberorders issued thereunder1section 11 - cleanlinessnot maintaining cleanliness as per the provisions2section 18 - drinking waternot providing and maintaining arrangements fordrinking water as per the provisions453section 19 - latrines and urinalsnot providing latrine and urinal accommodation as per the provisions| serial | section and rules framed thereunder and | nature of offence ||-----------------------------------|-------------------------------------------|----------------------------------------------------|| number | orders issued thereunder | || 4 | section 20 - spittoons | ( || provisions; | | || 5 | | || ( | b | ) spitting in contravention of sub-section ( || section 20 | | || 5 | section 42 - washing facilities | not providing and maintaining washing facilities || as per the provisions | | || 10 | | || 6 | section 43 - facilities for storing and | not providing facilities as per the provisions || drying of wet clothing | | || 7 | section 44 - facilities for sitting | not providing facilities as per the provisions || 8 | sub-sections ( | 1 || section 45 - first-aid appliances | as per the provisions | || 9 | section 46 - canteens | not providing and maintaining canteen as per the || provisions | | || 15 | | || 10 | section 47 - shelters, rest rooms and | not providing and maintaining shelters, rest rooms || lunch rooms | and lunch rooms as per the provisions | || 11 | section 48 - creches | not providing and maintaining creches as per the || provisions | | || 20 | | || 12 | section 50 - power to make rules to | not complying with the rules framed under || supplement chapter v | section 50 | || 13 | sub-section ( | 2 || compensatory holidays | register for compensatory holiday | || 25 | | || 14 | sub-section ( | 5 || extra wages for overtime | | || 15 | section 60 - restriction on double | allowing a worker double employment on any || employment | day | || 16 | section 61 - notice of periods of | not complying with the provisions || work for adults | | || 17 | section 62 - register of adult workers | not maintaining register as per the provisions || 30 | | || 18 | section 63 - hours of work to | not complying with the provisions || correspond with notice | | || 19 | section 64 - power to make exempting | not complying with the rules framed under section || rules | 64 | || 35 | | || 20 | section 65 - power to make exempting | not complying with the orders issued under || orders | section 65 | || 21 | section 79 - annual leave with wages | not complying with the provisions || 22 | section 80 - wages during leave period | not complying with the provisions || 40 | | || 23 | section 81 - payment in advance in | not complying with the provisions || certain cases | | || 24 | section 82 - mode of recovery | not complying with the provisions || of unpaid wages | | || 25 | section 83 - power to make rules | not maintaining registers as per rules and not || complying with the provisions | | || 45 | | || 26 | section 84 - power to exempt factories | not complying with the conditions specified in || the exempting order | | || 27 | section 93 - liability of owner of | not complying with the provisions contained in || premises in certain circumstances | sub-section ( | 1 || ( | 3 | ) || 28 | section 97 - offences by workers | not complying with the provisions || 50 | | || 29 | section 108 - display of notices | not complying with the provisions || serial | section and rules framed thereunder and | nature of offence ||------------------|-------------------------------------------|----------------------------------------|| number | orders issued thereunder | || 30 | section 110 - returns | not complying with the provisions || 31 | section 111a - right of workers, etc | denial of rights of workers || 5 | 32 | section 114 - no charge for facilities || and conveniences | facility under the act" | | statement of objects and reasonsthe factories act was enacted in 1948 it's main object is to ensure adequate safety measures and to promote the health and welfare of the workers employed in factories the act has been amended in the years 1949, 1950, 1951, 1954, 1970 and 1976 the last amendment to the factories act, 1948 was made in the year 1987 as the factories (amendment) act, 1987, wherein a separate chapter was inserted relating to hazardous process2 there have been several developments over the last twenty years ever since the last amendment was made these developments include changes in the manufacturing practices and emergence of new technologies, ratification of ilo conventions, judicial decision, recommendations of the committees and decisions taken in the conferences, of chief inspectors of factories3 in view of above developments and suggestions from various ministries of the central government, employers and trade union representatives, it has been decided to amend the factories act, 1948 by an amendment bill, namely, the factories (amendment) bill, 20144 the factories (amendment) bill, 2014, inter alia, provides the following, namely:––(a) to amend section 18 of the act so as to extend the provisions relating to drinking water to all factories irrespective of number of workers;(b) to amend section 22 of the act so as to prohibit the pregnant woman or a person with disability to work on or near machinery in motion;(c) to substitute a new section for existing section 27 relating to "prohibition of employment of woman and children near cotton openers" so as to prohibit employment of young persons, pregnant woman and persons with disabilities in any part of a factory for pressing cotton in which a cotton-opener is at work;(d) to substitute a new section 35a relating to "protection of eyes" so as to impose obligation upon the occupier to make a provision of "personal protective equipment" for workers exposed to various hazards;(e) to substitute a new section for existing section 36 of the act relating to"precautions against dangerous fumes, gases, etc" to provide adequate facilities to the persons who are liable to enter into confined spaces;(f) to amend section 37 of the act relating to "explosive or inflammable dust, gas, etc", so as to take practical measures against explosion or inflammable dust, gas, etc;(g) to amend section 41b of the act relating to "compulsory disclosure of information by the occupier" to provide for preparation of emergency plan and disaster control measures in consultation with the workers;(h) to amend section 46 of the act relating to "canteens" to provide canteen facilities in respect of factories employing two hundred or more workers instead of the present stipulation of two hundred and fifty workers;(i) to amend section 47 of the act relating to "shelters, rest rooms and lunch rooms" so as to provide for shelters or rest rooms and lunch rooms in respect of factories employing seventy-five or more workers instead of present stipulation of one hundred and fifty workers;(j) to substitute a new section for section 66 of the act providing further restrictions on employment of women;(k) to insert a new section 112a so as to empower the central government to make rules in consultation with the state governments, with a view to bring uniformity in the areas of occupational safety, health or such other matters as the central government may consider necessary; and(l) to insert the fourth schedule providing the list of compoundable offences7 the bill seeks to achieve the above objectsnew delhi;narendra singh tomarthe 5th august, 2014 notes on clausesclause 1 of the bill provides for the short title and commencement a provision has been made empowering the central government to appoint date of commencement of the proposed legislation and different dates for different provisions of the proposed legislationclause 2 of the bill seeks to amend section 2 of the factories act, 1948 relating to definitions of "hazardous process", "hazardous substance", "factory" and "prescribed"clause 3 of the bill seeks to amend section 6 of the act, relating to approval, licensing and registration of factoriesunder the existing provisions contained in the explanation to the said section, a factory shall not be deemed to be extended within the meaning of this section by reason only of the replacement of any plant or machinery, or within such limits as may be prescribed, of the addition of any plant or machinery, if such replacement or addition does not reduce the minimum clear space required for safe working around the plant or machinery or adversely affect the environmental conditions from the evolution or emission of steam, heat or dust or fumes injurious to healthit is proposed to substitute the explanation to said section so as to provide that a factory shall not be deemed to be extended within the meaning of this section by reason only of the replacement of any plant or machinery or within such limits as may be prescribed, or the addition of any plant or machinery, if such replacement or addition does not reduce the minimum clear space required for safe working around the plant or machinery or result in hazardous conditions likely to cause accident, dangerous occurrences or injuries to health of workers or public or adversely affect the environmental conditions from the evolution or emission of steam, heat or dust or fumes, or chemical or biological wastes injurious to health and a certificate in writing shall be given by a competent person to this effect provided that till such certificate is given by the competent person, a certificate given in writing by the occupier shall be valid clause 4 of the bill seeks to amend section 7 of the act relating to notice by occupierunder the existing provisions contained in clause (e) of sub-section (1) of said section, the total rated horse-power installed or to be installed in the factory, which shall not include the rated horse-power of any separate stand-by plantit is proposed to substitute the words "horse-power" in clause (e) of sub-section (1) of said section by the words "power in kilowatts" in order to convert the unit from british to metric systemclause 5 of the bill seeks to amend section 7b of the act relating to the general duties of manufacturers, etc, as regards articles and substances for use in factoriesunder the existing provisions contained in sub-section (5) of said section, where a person designs, manufactures, imports or supplies an article on the basis of a written undertaking by the user of such article to take the steps specified in such undertaking to ensure, so far as is reasonably practicable, that the article will be safe and without risks to the health of the workers when properly used, the undertaking shall have the effect of relieving the person designing, manufacturing, importing or supplying the article from the duty imposed by clause (a) of sub-section (1) to such extent as is reasonable having regard to the terms of the undertaking it is proposed to substitute sub-section (5) of said section so as to impose responsibility upon a person,— (a) who erects or instals any article for use in a factory, to ensure, so far as practicable, that such article so erected or installed does not make it unsafe or a risk to health when that article is used by the persons in such factory; (b) who manufactures, imports or supplies any substance for use in any factory— (i) to ensure, so far as practicable that such substance is safe and has no risks involved to health of persons working in such factory; (ii) to carry out or arrange for carrying out of such tests and examination in relation to such substance as may be necessary; (iii) to take such steps as are necessary to secure that the information about the results of tests carried out in connection with the use of the substance as referred to in sub-clause (ii) is available in a factory along with conditions necessary to ensure its safe use and no risks to health; (c) who undertakes the manufacture of any substance for use in any factory to carry out or arrange for the carrying out of any necessary research with a view to discover and, so far as practicable, to ensure the elimination or minimization of any risks to health or safety to which the substance may give rise out of such manufacture or research" it is also proposed to substitute sub-section (6) and the explanation to said section in the light of addition of the word "substance"clause 6 of the bill seeks to amend section 13 of the act relating to the provision of ventilation and temperatureunder the existing provisions contained in section (2) of the said section, the state government may prescribe a standard of adequate ventilation and reasonable temperature for any factory or class or description of factories or parts thereof and direct that proper measuring instruments, at such places and in such position as may be specified, shall be provided and such records, as may be prescribed, shall be maintainedit is proposed to amend sub-section (2) of said section so as to substitute the words"the state government" by the words "the central government or the state government" the proposed amendment is consequential in natureclause 7 of the bill seeks to amend section 17 of the act relating to the provision of lightingunder the existing provisions contained in sub-section (4) of said section, the state government may prescribe, standards of sufficient and suitable lighting for factories or for any class or description of factories or for any manufacturing processit is proposed to amend sub-section (4) of said section so as to substitute the words"the state government" by the words "the central government or the state government" the proposed amendment is consequential in natureclause 8 of the bill seeks to amend section 18 of the act relating to the provision of drinking waterunder the existing provisions contained in sub-section (3) of said section, in every factory wherein more than two hundred and fifty workers are ordinarily employed provision shall be made for cool drinking water during hot weather by effective means and for distribution thereofit is proposed to amend sub-section (3) of the said section so as to omit the words,"wherein more than two hundred and fifty workers are ordinarily employed" by the omission of the said words the responsibility lies upon each and every factory, to provide the facilities of cool drinking water during hot weather by effective means, irrespective of strength of workersclause 9 of the bill seeks to amend section 20 of the act relating to the provision of spittoons under the existing provisions contained in sub-section (4) of said section whoever spits in contravention of sub-section (3) shall be punishable with fine not exceeding five rupees it is proposed to amend section 20 of the act so as to omit sub-section (4) of the said section the said proposal is consequential due to insertion of a new section 92b namely "penalty in certain other cases"clause 10 of the bill seeks to amend section 21 of the act relating to the provision of fencing of machineryunder the existing provisions contained in sub-section (2) of said section the state government may by rules prescribe such further precautions as it may consider necessary in respect of any particular machinery or part thereof, or exempt, subject to such condition as may be prescribed, for securing the safety of the workers, any particular machinery or part thereof from the provisions of this sectionit is proposed to amend sub-section (2) of said section so as to substitute the words"the state government" by the words "the central government or the state government" the proposed amendment is consequential in natureclause 11 of the bill seeks to amend section 22 of the act relating to the provision of work on or near machinery in motionunder the existing provisions contained in sub-section (2) of said section, no woman or a young person shall be allowed to clean, lubricate or adjust any part of a prime mover or of any transmission machinery while the prime mover or transmission machinery is in motion, or to clean, lubricate or adjust any part of any machine if the cleaning, lubrication or adjustment thereof would expose the woman or young person to risk of injury from any moving part either of that machine or of any adjacent machineryit is proposed to amend sub-section (1) of section 22 so as to provide that the words and brackets "adult male worker wearing tight fitting clothing (which shall be supplied by the occupier)" shall be replaced as "adult male worker wearing tight fitting clothing or adult female worker wearing tight fitting clothing (which shall be supplied by the occupier) covering loose hair"it is also proposed to amend sub-section (2) of said section so as to prohibit the pregnant woman or a person with disability instead of "women"it is also proposed to amend sub-section (3) of said section, so as to substitute the words "the state government" by the words "the central government or the state government", which is consequential in natureclause 12 of the bill seeks to amend section 23 of the act relating to employment of young persons on dangerous machinesunder the existing provisions contained in sub-section (2) of said section, the provisions contained in sub-section (1) shall apply to such machines as may be prescribed by the state government, being machines which in its opinion are of such a dangerous character that young persons ought not to work at them unless the foregoing requirements are complied withit is proposed to amend sub-section (2) of said section so as to substitute the words"the state government" by the words "the central government or the state government" the proposed amendment is consequential in natureclause 13 of the bill seeks to amend section 26 of the act relating to casing of new machineryit is proposed to omit section 26 of the said act, since it is proposed to amend subsection (5) of section 7b making the manufacturers, suppliers of articles including machinery responsible for manufacturing supplying safe machinery to be used in factoryclause 14 of the bill seeks to amend section 27 of the act relating to prohibition of employment of women and children near cotton openersunder the existing provisions contained in the said section, no woman or child shall be employed in any part of a factory for pressing cotton in which a cotton-opener is at work the proviso to the said section says that, if the feed-end of a cotton-opener is in a room separated from the delivery end by a partition extending to the roof or to such height as the inspector may in any particular case specify in writing, women and children may be employed on the side of the partition where the feed-end is situatedit is proposed to amend said section so as to prohibit the employment of young persons or pregnant woman or persons with disability instead of womenclause 15 of the bill seeks to amend section 28 of the act relating to hoists and liftsunder the existing provisions contained in sub-section (4) of said section, the state government may, if in respect of any class or description of hoist or lift, it is of opinion that it would be unreasonable to enforce any requirement of sub-sections (1) and (2), by order direct that such requirement shall not apply to such class or description of hoist or liftit is proposed to amend sub-section (4) of said section so as to substitute the words"the state government" by the words "the central government or the state government" the proposed amendment is consequential in natureclause 16 of the bill seeks to amend section 29 of the act relating to lifting machines, chains, ropes and lifting tacklesunder the existing provisions contained in sub-section (2) of said section the state government may make rules in respect of any lifting machine or any chain, rope or lifting tackle used in factories— (a) prescribing further requirements to be complied with in addition to those set out in this section; (b) providing for exemption from compliance with all or any of the requirements of this section, where in its opinion, such compliance is unnecessary or impracticableit is proposed to amend sub-section (2) of said section so as to substitute the words"the state government" by the words "the central government or the state government" the proposed amendment is consequential in natureclause 17 of the bill seeks to amend section 31 of the act relating to pressure plant under the existing provisions contained in sub-section (2) of the act the state government may make rules providing for the examination and testing of any plant or machinery such as is referred to in sub-section (1) and prescribing such other safety measures in relation thereto as may in its opinion be necessary in any factory or class or description of factories sub-section (3) of said section provides that the state government may, by rules, exempt, subject to such conditions as may be specified therein, any part of any plant or machinery referred to in sub-section (1) from the provisions of this sectionit is proposed to amend sub-sections (2) and (3) of the said section so as to substitute the words "the state government" by the words "the central government or the state government" the proposed amendment is consequential in nature clause 18 of the bill seeks to amend section 34 of the act relating to excessive weightsunder the existing provisions contained in the sub-section (2) of said section, the state government may make rules prescribing the maximum weights which may be lifted, carried or moved by adult men, adult women, adolescents and children employed in factories or in any class or description of factories or in carrying on any specified processit is proposed to amend sub-section (2) of the said section so as to substitute the words "the state government" by the words "the central government or the state government" the proposed amendment is consequential in natureclause 19 of the bill seeks to amend section 35 of the act relating to protection of eyesunder the existing provisions contained in the said section, the state government may by rules require that effective screens or suitable goggles shall be provided for the protection of persons employed on, or in the immediate vicinity of, the process, involving risk of injury to the eyes from particles or fragments thrown off in the course of the process or risk to the eyes by reason of exposure to excessive lightit is proposed to amend sub-section (2) of the said section so as to substitute the words "the state government" by the words "the central government or the state government" the proposed amendment is consequential in natureclause 20 of the bill seeks to insert a new section 35a namely personal protective equipment and protective clothing to the workers having regard to the nature of the hazards involved in the work the said clause empowers the state government or the central government to make rules prescribing the standards of maintenance, issue of personal protective equipment and protective clothing with a view to ensure their effectiveness in relation to the conditions of use and conformity to their quality standardsclause 21 of the bill seeks to amend section 36 of the act relating to precautions against dangerous fumes, gases, etcit is proposed to substitute the said section so as to provide certain provisions in respect of circumstance where a person is required to enter any chamber, tank, vat, pit, flue or other confined space in any factory in which any gas, fume vapor or dust is likely to be present to such an extent as to involve risk to persons being overcome therebyclause 22 of the bill seeks to amend section 37 of the act relating to explosive or inflammable dust, gas, etcunder the existing provisions contained in the sub-section (1) of said section, where in any factory any manufacturing process produces dust, gas, fume or vapour of such character and to such extent as to be likely to explode on ignition, all practicable measures shall be taken to prevent any such explosion by— (a) effective enclosure of the plant or machinery used in the process; (b) removal or prevention of the accumulation of such dust, gas, fume or vapour; (c) exclusion or effective enclosure of all possible sources of ignitionit is proposed to amend sub-section (1) of said section so as to provide that any manufacturing process, storage or handling of, raw material, intermediate product or finished product produces dust, gas, fumes or vapour to such an extent as to be likely to result in fire or explosion on ignition or otherwise, all practicable measures shall be taken to prevent any such fire or explosion it is also proposed to insert new sub-section (4a) so as to provide that in any factory if any flammable gas, fume or dust is likely to be present in any area, the electrical equipment, apparatus and fittings installed in that area shall be selected, installed and maintained as per the national electrical code and shall conform to the relevant national standards, or to an international standard where national standard is not availableit is also proposed to insert a new sub-section (4b) so as to provide that the electrical equipment, apparatus and fittings referred to in sub-section (4a), shall be duly approved before use in factories by the directorate general of occupational safety and health"clauses 23 of the bill seeks so amend section 38 of the act relating to precautions in case of fireunder the existing provisions contained in sub-section (3) of the said section, the state government may make rules, in respect of any factory or class or description of factories, requiring the measures to be adopted to give effect to the provisions of sub-sections (1) and (2)it is proposed to amend sub-sections (3) of the said section so as to substitute the words "the state government" by the words "the central government or the state government" the proposed amendment is consequential in natureclause 24 of the bill seeks to amend section 40b of the act relating to safety officers under the existing provisions contained in sub-section (1) of the said section, in every factory,— (i) wherein one thousand or more workers are ordinarily employed, or (ii) wherein, in the opinion of the state government, any manufacturing process or operation is carried on, which process or operation involves any risk of bodily injury, poisoning or disease, or any other hazard to health, to the persons employed in the factory, the occupier shall, if so required by the state government by notification in the official gazette, employ such number of safety officers as may be specified in that notification sub-section (2) of the said section provides that, the duties, qualifications and conditions of service of safety officers shall be such as may be prescribed by the state governmentit is proposed to amend of the said section so as to substitute the words "the state government" by the words "the central government or the state government" the proposed amendment is consequential in natureclause 25 of the bill seeks to amend section 41a of the act relating to constitution of site appraisal committeesit is proposed to amend the said section so as to substitute the words "the state government" by the words "the central government or the state government" the proposed amendment is consequential in natureclause 26 of the bill seeks to amend section 41b of the act relating to the compulsory disclosure of information by the occupierunder the existing provisions contained in sub-section (4) of the said section, every occupier shall, with the approval of the chief inspector, draw up an on-site emergency plan and detailed disaster control measures for his factory and make known to the workers employed therein and to the general public living in the vicinity of the factory the safety measures required to be taken in the event of an accident taking placeit is proposed to amend sub-section (4) of the said section so as to specify that the— (a) occupier of a factory involved in manufacture, storage or handling such hazardous substances in quantities equal to or more than such quantities as may be prescribed, shall draw up in consultation with workers representatives an on-site emergency plan and detailed disaster control measures for his factory and submit the same for information of chief inspector and other authorities as may be prescribed,(b) the occupier of the factory shall make known to the workers employed in the factory and to the general public in the vicinity of the factory, the safety measures required to be taken in accordance with the on-site emergency plan and detailed disaster control measures drawn under sub-clause (a) above in the event of an accident taking place proviso to this sub-section provided that the central government or the state government or the chief inspector may, subject to the prior approval of the central government or the state government, by order in writing, require any factory carrying on hazardous process, irrespective of the quantity of hazardous substances in the premises, to draw up an on-site emergency plan and disaster control measuresit is further proposed to amend clause (a) and clause (b) of sub-section (5) of the said section so as to substitute the words "factory engaged" by the words "factory is engaged" and to insert the words "at least" before the words "within a period of" so as to make the said sub-section more comprehensiveclause 27 of the bill seeks to amend section 41c of the act relating to the specific responsibility of the occupier in relation to hazardous processunder the existing provisions contained in clause (a) of the said section, every occupier of a factory involving any hazardous process shall— (a) maintain accurate and up-to-date health records or, as the case may be, medical records, of the workers in the factory who are exposed to any chemical, toxic or any other harmful substances which are manufactured, stored, handled or transported and such records shall be accessible to the workers subject to such conditions as may be prescribedit is proposed to amend clause (a) of the said section so as to substitute the words"chemical, toxic or any other harmful substance" by the words "hazardous substances", in order to make the section more comprehensiveclause 28 of the bill seeks to amend section 41d of the act relating to the power of central government to appoint inquiry committeeunder the existing provisions contained in sub-section (1) of section 41d of the act, the central government may, in the event of the occurrence of an extraordinary situation involving a factory engaged in a hazardous process, appoint an inquiry committee to inquire into the standards of health and safety observed in the factory with a view to finding out the causes of any failure or neglect in the adoption of any measures or standards prescribed for the health and safety of the workers employed in the factory or the general public affected or likely to be affected, due to such failure or neglect and for the prevention and recurrence of such extraordinary situations in future in such factory or elsewhereit is proposed to amend sub-section (1) of said section so as to substitute the words"prevention and recurrence" by the words "prevention of recurrence" in order to make the section more comprehensiveclause 29 of the bill seeks to amend section 41e of the act relating to the emergency standardsunder the existing provisions contained in sub-section (1) of the said section, where the central government is satisfied that no standards of safety have been prescribed in respect of a hazardous process or class of hazardous processes, or where the standards so prescribed are inadequate, it may direct the director- general of factory advice service and labour institutes or any institution specialised in matters relating to standards of safety in hazardous processes, to lay down emergency standards for enforcement of suitable standards in respect of such hazardous processesit is proposed to amend sub-section (1) of the said section so as to substitute the words "director-general of factory advice service and labour institutes" by the words "director general of occupational safety and health" due to renaming of "directorate general of factory advice service and labour institutes" as "directorate general of occupational safety and health"clause 30 of the bill seeks to amend section 41f of the act relating to the permissible limits of exposure of chemical and toxic substancesunder the existing provisions contained in sub-section (1) of the said section, the maximum permissible threshold limits of exposure of chemical and toxic substances in manufacturing processes (whether hazardous or otherwise) in any factory shall be of the value indicated in the second scheduleit is proposed to substitute the words "threshold limit of exposure of chemical and toxic substances in manufacturing process (whether hazardous or otherwise)" by the words "limits of exposure of chemicals and toxic substances in manufacturing process" in order to make the section more comprehensiveclause 31 of the bill seeks amend section 41g of the act relating to workers'participation in safety managementunder the existing provisions contained in sub-section (1) of the said section, the state government may, by order in writing and for reasons to be recorded, exempt the occupier of any factory or class of factories from setting up safety committeeit is proposed to amend sub-section (1) of the said section to substitute the words "the state government" by the words "the central government or the state government" the proposed amendment is consequential in natureclause 32 of the bill seeks to insert a new section 41-i relating to power to make rules regarding hazardous process the said clause provides that the central government or the state government may make rules— (a) specifying standards of health and safety to be followed in hazardous process, (b) prohibiting or restricting employment of young persons, pregnant women, and any class of adult workers in manufacture, storage or handling involving hazardous process, (c) prohibiting, restricting, or controlling the use of hazardous substancesclause 33 of the bill seeks to amend section 45 of the act relating to the first-aid appliancesit is proposed to amend sub-section (3) of the said section so as to substitute the words "the state government" by the words "the central government or the state government" the proposed amendment is consequential in natureclause 34 of the bill seeks to substitute section 46 of the act relating to canteens under the existing provisions contained in the said section, the state government may make rules requiring that in any specified factory wherein more than two hundred and fifty workers are ordinarily employed, a canteen or canteens shall be provided and maintained by the occupier for the use of the workers it is proposed to substitute the said section, so as to provide that in every factory wherein two hundred or more workers are ordinarily employed, there shall be provided and maintained a canteen or canteens by the occupier for the use of the workersit is also proposed to confer power upon the state government to make rules on certain provisions relating to the canteens and also empowers the chief inspector to relax the requirement of providing canteens, for a period not exceeding twelve months, for existing factories, after recording the reason in writingclause 35 of the bill seeks to amend section 47 of the act relating to shelters, rest rooms and lunch roomsunder the existing provisions contained in sub-section (1) of the said section, in every factory wherein more than one hundred and fifty workers are ordinarily employed, adequate and suitable shelters or rest rooms and a suitable lunch room, with provision for drinking water, where workers can eat meals brought by them, shall be provided and maintained for the use of the workers the proviso to the said section says that any canteen maintained in accordance with the provisions of section 46 shall be regarded as part of the requirements of this sub-sectionit is proposed to amend sub-section (1) of the said section so as to impose responsibility on the employer of every factory to provide shelters and rest rooms wherein seventy five workers are ordinarily employed the said clause also substitutes the words "suitable and separate shelters or rest rooms for male and female workers" for the words "suitable shelters or rest rooms" the said clause also proposes to insert a new sub-section (4) so as to empower the chief inspector to relax the requirement of providing of shelters, rest rooms and lunch rooms, for a period not exceeding twelve months, for existing factories after recording the reasonsclause 36 of the bill seeks to amend section 56 of the act relating to spreadover under the existing provisions contained in the proviso to section 56, the chief inspector may increase the spreadover up to 12 hours for reasons to be specified in writingit is proposed to amend the said proviso so as to provide that where the state government is satisfied it may by notification in official gazette increase the period of spreadover upto 12 hours in a factory or group or class or description of factoriesclause 37 of the bill seeks to amend section 59 of the act relating to extra wages for overtimeunder the existing explanation to sub-section (3) of section 59, no mention has been made as what allowances has to be considered for computing the earnings for the days on which the worker actually workedit is proposed to amend the explanation clause by explaining the term such allowances"such allowances" means all allowances except those of complementary in nature such as house rent allowance, transport and small family allowanceclause 38 of the bill seeks to amend section 64 of the act relating to power to make exempting rulesunder the existing provisions contained in clause (iv) of sub-section (4) of the said section, the total number of hours of overtime shall not exceed fifty for any one quarterit is proposed to amend clause (iv) of sub-section (4) of the said section so as to increase the total number of hours of overtime for any one quarter from fifty to one hundred it is also proposed to amend sub-section (5) of the said section so as to substitute the words "rules made" by the words "rule made before the commencement of factories (amendment) act, 2014"clause 39 of the bill seeks to amend section 65 of the act relating to power to make exempting ordersunder the existing provisions contained in clause (iv) of sub-section (3) of the said section, no worker shall be allowed to work overtime for more than seven days at a stretch and the total number of hours of overtime work in any quarter shall not exceed seventy-fiveit is proposed to amend clause (iv) of sub-section (3) of the said section so as to increase the total number of hours of overtime work in any quarter from seventy-five to one hundred and fifteen it is also proposed to insert a proviso in the said sub-section after explanation which enables that the state government or the chief inspector may, subject to the prior approval of the state government, by order further enhance the total number of hours of overtime work in any quarter to one hundred and twenty-five in the public interestclause 40 of the bill seeks to substitute a new section 66 for section 66 of the act relating to further restrictions on employment of womenthe existing provisions contained in the said section provides further restrictions on employment of women that—(a) no exemption from the provisions of section 54 may be granted in respect of any women, (b) no woman shall be required or allowed to work in any factory except between the hours of 6 am and 7 pm, (c) there shall be no change of shifts except after a weekly holiday or any other holidaysub-section (2) of the said section provides that the state government may make rules providing for the exemption from the restrictions set out in sub-section (1), to such extent and subject to such conditions as it may prescribe, of women working in fish-curing or fishcanning factories, where the employment of women beyond the hours specified in the said restrictions is necessary to prevent damage to, or deterioration in, any raw materialsub-section (3) of the said section provides that the rules made under sub-section (2)shall remain in force for not more than three years at a timeit is proposed to substitute a new section 66 to the said section so as to provide that where the state government or any person, authorised by it in this behalf, is satisfied that adequate safeguards exist in a factory as regards occupational safety and health, provision of shelter, rest rooms, lunch rooms, night crèches and ladies toilets, equal opportunity for women workers, adequate protection of their dignity, honour and safety, protection from sexual harassment, and their transportation from the factory premises to the door step of their residence, it may, by notification in the official gazette, after due consultation with, and obtaining the consent of, the women workers, representative organization of women workers, the employer, representative organization of the employer and representative organization of workers of the concerned factory or group or class or description of factories allow women to work between 700 pm and 600 am in such factory or group or class or description of factories, subject to such conditions as may be specified thereinit is further proposed to provide that no such permission shall be granted to a women worker during a period of sixteen weeks before and after her childbirth, of which at least eight weeks shall be before the expected childbirth, and for such additional period, if any, as specified in the medical certificate stating that it is necessary for the health of the woman worker or her childit is also proposed to provide that the restriction contained in the preceding proviso may be relaxed at the express request of a woman worker on the basis of the medical certificate stating that neither her health nor that of her child will be endangeredclause 41 of the bill seeks to amend section 76 of the act relating to the power of state government to make rulesunder the existing provisions contained in clause (b) of said section the state government make rules prescribing the physical standards to be attained by children and adolescents working in factories it is proposed to omit this clauseclause 42 of the bill seeks to amend section 77 of the act relating to certain other provisions of law not barred under the existing provisions contained in section 77 of the act the provisions of chapter vii relating to employment of young persons shall be in addition to, and not in derogation of, the provisions of the employment of children act, 1938it is proposed to amend said section so as to adopt the provisions of child labour(prohibition and regulation) act, 1986 instead of employment of children act, 1938 to the said actclause 43 of the bill seeks to amend section 79 of the act relating to annual leave with wagesunder the existing provisions contained in opening portion of sub-section (1), every worker who has worked for a period of 240 days or more in a factory during a calendar year shall be allowed during the subsequent calendar year, leave with wages for a number of days calculated at the rate of— (i) if an adult, one day for every twenty days of work performed by him during the previous calendar year; (ii) if a child, one day for every fifteen days of work performed by him during the previous calendar yearit is proposed to amend sub-section (1) of the said section so as to decrease the computation of period of work from "240 days" to 90 daysit is also proposed to amend explanation 1 to the sub-section (1) of said section so as to decrease the computation of period of work from 240 days to 90 days it is also proposed to amend sub-section (2) of said section so as to replace the words "two thirds" by "onefourth" in order to make the section more comprehensiveclause 44 of the bill seeks to amend section 87 of the act relating to the dangerous operationsunder the existing provisions contained in clause (b) of section 87 of the act, where the state government is of opinion that any manufacturing process or operation carried on in a factory exposes any persons employed in it to a serious risk of bodily injury, poisoning or disease, it may make rules applicable to any factory or class or description of factories in which the manufacturing process or operation is carried on prohibiting or restricting the employment of women, adolescents or children in the manufacturing process or operationit is proposed to amend the opening portion and clause (b) of said section so as to empower the central government or the state government to make rules prohibiting or restricting the employment of young persons or women or persons with disabilitiesclause 45 of the bill seeks to amend section 88 of the act relating to the notice of certain accidentsunder the existing provisions contained in sub-section (3) of said section, the state government may make rules for regulating the procedure at inquiries under the said sectionit is proposed to amend sub-section (3) of said section to substitute the words "the state government" by the words "the central government or the state government" the proposed amendment is consequential in natureclause 46 of the bill seeks to amend section 89 of the act relating to notice of certain diseasesunder the existing provisions contained in sub-section (4) said section, if any medical practitioner fails to comply with the provisions of sub-section (2), he shall be punishable with fine which may extend to one thousand rupeesit is proposed to omit sub-section (4) of the said section the said proposal is consequential due to insertion of a new section 92b namely "penalties in certain other cases"clause 47 seeks to amend section 90 of the act relating to power to direct enquiry into cases of accident or diseaseunder the existing provisions contained in the said section, the state government is empowered to make rules with respect to the provisions contained in the said section it is proposed to amend said section so as to substitute the words "the state government" by the words "the central government or the state government" the proposed amendment is consequential in nature clause 48 seeks to amend section 91a of the act relating to the safety and occupational health surveysit is proposed to amend sub-section (1) of said section so as to substitute the words"director general of factory advice service and labour institutes" by the words "director general of occupational safety and health" due to renaming of "directorate general of factory advice service and labour institutes" as "directorate general of occupations safety and health"clause 49 of the bill seeks to substitute section 92 of the act relating to general penalty for offencesit is proposed to amend the action so as to provide that in case of contravention of the provisions of chapter i, iii (except sections 11, 18, 19 and 20), iv, iva(except sections 41b, 41c and 41h), vii and ix (except section 89) of this act, or of any rules made thereunder or any order in writing given thereunder, the occupier and the manager of the factory shall each be guilty of an offence and punishable with imprisonment for a term which may extend to two years or with fine which may extend to three lakh rupees or with both, and in any case it shall not be less than thirty thousand rupees it is further proposed that,—(i) where the contravention of any of the provisions of the chapters referred to in sub-section (1) or rules made there under has resulted in an accident causing death or serious bodily injury, the fine shall not be less than seventy-five thousand rupees; (ii) if the contravention is continued after conviction under sub-section (1), then the occupier and manager of the factory shall each be guilty of an offence and punishable with a further fine which shall not be less than two thousand rupees for each day on which the contravention is so continued; (iii) in respect of any contravention of any of the provisions of this act or any rules made there under or any order in writing given there under other than those mentioned under sub-section (1), for which no penalty has been provided the occupier and manager of the factory shall each be guilty of an offence and punishable with fine which may extend to one lakh fifty thousand rupees and if the contravention is continued after conviction, with a further fine which shall not be less than one thousand rupees for each day on which the contravention is so continued it is further proposed to consolidate the provisions relating to penalties for violation of various provisions of the act by a person other than occupierit is further to insert a new section 92b as penalty for offences by others than the occupier such as the competent person, medical practitioner or any worker if any competent person appointed under clause 2(ca) fails to comply with any of the provisions under the act or rules he shall be punishable with imprisonment for a term which may extend to six months or with fine which may extends to three lakh rupees or with both it is also proposed as a consequential due to amendment of section 20, section 89, section 97 and section 111 of the act it is also proposed to compound in respect of offences specified in the fourth schedule to the act namely section 92c which relates to compounding of certain offencesclause 50 of the bill seeks to substitute section 93 of the act relating to liability of owner of premises in certain circumstancesit is proposed to substitute section 93 of the act so as to impose liability upon the owner of premises in certain circumstances it is also proposed to punish the owner of premises for contravention of any of the provisions of said section as if he were the occupier or manager of a factory and shall be punishable in accordance with the provisions of section 92clause 51 of the bill seeks to amend section 94 of the act relating to the enhanced penalty after previous convictionit is proposed to amend sub-section (1) of said section so as to substitute the words"ten thousand rupees but which may extend to two lakh rupees" with the words "forty thousand rupees which may extend to six lakh rupees''it is also proposed to insert sub-section (1a) so as to provide that if any person who has been convicted of any offence punishable under section 92a is again guilty of an offence involving a contravention of the same provision, he shall be punishable on a subsequent conviction,— (i) in case of contravention of sub-section (1) of section 92a, with imprisonment for a term which may extend to one year or with fine which shall not be less than forty thousand rupees but which may extend to five lakhs rupees or with both; and (ii) in case of contravention of sub-section (2) of section 92a, with imprisonment for a term which may extend to six months or with fine which may extend to five hundred rupees or with both it is also proposed to amend sub-section (2) of said section so as to insert the words, brackets, and figure and letter "sub-section (1a)" after the words, brackets, and figure "subsection (1)clause 52 seeks to amend section 95 of the act relating to penalty for obstructing inspectorunder the existing provisions contained in said section, whoever wilfully obstructs an inspector in the exercise of any power conferred on him by or under this act, or fails to produce on demand by an inspector any registers or other documents in his custody kept in pursuance of this act or of any rules made there under, or conceals or prevents any worker in a factory from appearing before, or being examined by, an inspector, shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to ten thousand rupees or with bothit is proposed to amend said section so as to enhance the penalty from ten thousand rupees to thirty thousand rupeesclause 53 seeks to amend section 96 of the act relating to penalty for wrongfully disclosing results of analysis under section 91under the existing provisions contained in said section, whoever wrongfully discloses results of analysis under section 91 shall be punishable with fine which may extent to ten thousand rupeesit is proposed to amend said section so as to enhance the penalty from ten thousand rupees to thirty thousand rupees clause 54 seeks to amend section 96a of the act relating to penalty for contravention of the provisions of sections 41b, 41c and 41hunder the existing provisions contained in sub-section (1) said section, whoever fails to comply with or contravenes any of the provisions of sections 41b, 41c or 41h or the rules made there under, shall, in respect of such failure or contravention, be punishable with imprisonment for a term which may extend to seven years and with fine which may extend to two lakh rupees, and in case the failure or contravention continues, with additional fine which may extend to five thousand rupees for every day during which such failure or contravention continues after the conviction for the first such failure or contraventionit is proposed to enhance the fine from two lakh rupees to six lakh rupees and from five thousand rupees to fifteen thousand rupees in order to make the provisions more stringentclause 55 of the bill seeks to amend section 97 of the act relating to offences by workersunder the existing provisions contained in sub-section (1) of said section, it is provided that subject to the provisions of section 111, if any worker employed in a factory contravenes any provision of this act or any rules or orders made there under, imposing any duty or liability on workers, he shall be punishable with fine which may extend to five hundred rupees it is proposed to amend sub-section (1) of said section so as to omit the provisions relating to penalty for contravention of any provisions of this act with reference to section 111 of the act the said proposal is consequential due to insertion of new section 92b namely penalties in certain other casesclause 56 seeks to amend section 98 of the act relating to penalty for using false certificate of fitnessunder the existing provisions contained in section 98, whoever knowingly uses or attempts to use, as a certificate of fitness granted to himself under section 70, a certificate granted to another person under that section, or who, having procured such a certificate, knowingly allows it to be used, or an attempt to use it to be made, by another person, shall be punishable with imprisonment for a term which may extend to two months or with fine which may extend to one thousand rupees or with bothit is proposed to amend the said section so as to increase the penalty from one thousand rupees to three thousand rupees in order to make the provision more stringentclause 57 seeks to amend section 99 of the act relating to penalty for double employment of childunder the existing provisions contained in the said section, if a child works in a factory on any day on which he has already been working in another factory, the parent or guardian of the child or the person having custody of or control over him or obtaining any direct benefit from his wages, shall be punishable with fine which may extend to one thousand rupees unless it appears to the court that the child so worked without the consent or connivance of such parent, guardian or personit is proposed to amend the said section so as to increase the penalty from one thousand rupees to three thousand rupees in order to make the provision more stringentclause 58 seeks to amend section 102 of the act relating to power of court to make ordersit is proposed to amend the said section so as to increase the penalty from one hundred rupees to three hundred rupees in order to make the provision more stringentclause 59 of the bill seeks to amend section 104 of the act relating to the onus as to the ageunder the existing provisions contained in the sub-section (2) of said section, a declaration in writing by a certifying surgeon relating to a worker that he has personally examined him and believes him to be under the age stated in such declaration shall, for the purposes of this act and the rules made thereunder, be admissible as evidence of the age of that workerit is proposed to amend sub-section (2) of said section so as to provide that a declaration in writing shall be given by a certifying surgeon or any other medical practitioner under sub-section (2) of the section 16 of child labour (prohibition and regulation) act, 1986 (61 of 1986) relating to a worker stating therein that he has personally examined such worker to be under or over the age stated as such in the declaration shall, for the purposes of this act and rules made thereunder, be conclusive evidence as to the age of that workerclause 60 of the bill seeks to amend section 111 of the act relating to the obligations of workersunder the existing provisions contained in the sub-section (2) of said section, if any worker employed in a factory contravenes any of the provisions of this section or of any rule or order made thereunder, he shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to one hundred rupees, or with bothit is proposed to amend section 111 of the act so as to omit sub-section (2) of said section the said proposal is consequential due to insertion of new section 92b namely, penalties in certain other casesclause 61 of the bill seeks to amend section 112 of the act relating to general power to make rules by state government the said clause empowers the state government to make rules for carrying out the provisions of the proposed legislationit is proposed to amend the section 112 by inserting the words "subject to the provisions contained in section 112a" thus, empowering the state governments to make rules where the central government has not been empowered to make rulesclause 62 of the bill seeks to insert a new section 112 a namely, "power to make rules by central government"the said clause empowers the central government to make rules in consultation with the state governments with a view to bring uniformity in the areas of occupational safety, health or such other matters as it may consider necessary it also provides that the rules made under the proposed legislation are required to be laid before both the houses of parliamentclause 63 of the bill seeks to omit first schedule to the act the said schedule specifies list of industries involving hazardous processes the said proposal is consequential due to amendment of clause (cb) of section 2 of the act, relating to the definition of "hazardous process" and insertion of a new clause (cc) relating to the definition of the term "hazardous substances"clause 64 of the bill seeks to insert a new schedule after the third schedule to the act which provides the list of compoundable offences the said proposal is consequential in nature financial memorandumthere are no financial implications of the factories (amendment) bill, 2014 hence consultation with ministry of finance is not required memorandum regarding delegated legislationclause 6 of the bill empowers the central government in addition to the state government to prescribe a standard of adequate ventilation and reasonable temperature for any factory or class or description of factories or parts thereof and direct that proper measuring instruments, at such places and in such position as may be specified, shall be provided and such records, as may be prescribed, shall be maintained2 clause 7 of the bill empowers the central government in addition to the state government to prescribed standards of sufficient and suitable lighting for factories or for any class or description of factories or for any manufacturing process3 clause 10 of the bill empowers the central government in addition to the state government to make rules so as to prescribe such further precautions as it may consider necessary in respect of any particular machinery or part thereof, or exempt, subject to such condition as may be prescribed, for securing the safety of the workers, any particular machinery or part thereof from the provisions of section 21(2)4 clause 11 of the bill empowers the central government in addition to the state government to make rules so as to prohibit in any specified factory or class or description of factories, the cleaning, lubricating or adjusting by any person of specified parts of machinery when those parts are in motion5 clause 12 of the bill empowers the central government in addition to the state government to make rules so as to restrict the employment of young persons on dangerous machines6 clause 15 of the bill empowers the central government in addition to the state government to make rules regarding hoists and lifts7 clause 16 of the bill empowers the central government in addition to the state government to make rules in respect of any lifting machine or any chain, rope or lifting tackle used in factories so as to prescribe further requirements to be complied with in addition to those set out in this section, or to exempt from compliance with all or any of the requirements of section 29, wherein its opinion, such compliance is unnecessary or impracticable8 clause 17 of the bill empowers the central government in addition to the state government to make rules providing for the examination and testing of any plant or machinery and prescribing such other safety measures in relation thereto as may in its opinion be necessary in any factory or class or description of factories, or to exempt, subject to such conditions as may be specified therein, any part of any plant or machinery from the provisions of section 319 clause 18 of the bill empowers the central government in addition to the state government to make rules so as to prescribe the maximum weights which may be lifted, carried or moved by adult men, adult women, adolescents and children employed in factories or in any class or description of factories or in carrying on any specified process10 clause 19 of the bill empowers the central government in addition to the state government to make rules in respect of any prescribed manufacturing process which involves risk of injury to the eyes from particles or fragments thrown off in the course of the process, or risk to the eyes by reason of exposure to excessive light so as to provide for requirement of effective screens or suitable goggles for the protection of persons employed on or in the immediate vicinity of the process11 clause 20 of the bill empowers the central government in addition to the state government to make rules so as to prescribe a standard of maintenance, issue of personal protective equipment and protective clothing with a view to ensure their effectiveness in relation to the conditions of use and conformity to their quality standards12 clause 23 of the bill empowers the central government in addition to the state government to make rules in respect of any factory or class or description of factories, requiring the measures to be adopted to give effect to the provisions of sub-sections (1) and (2) of section 3813 clause 24 of the bill empowers the central government in addition to the state government to prescribe the duties, qualifications and conditions of service of safety officers14 clause 25 of the bill empowers the central government in addition to the state government to make rules related to constitution of site appraisal committees15 clause 31 of the bill empowers the central government in addition to the state government to make rules related to workers participation in safety management by setting up safety committee16 clause 32 of the bill empowers the central government in addition to the state government to make rules for - (a) specifying standards of health and safety to be followed in hazardous process; (b) prohibiting or restricting employment of young persons, pregnant women, any class of adult workers in manufacture, storage or handling involving hazardous process; and (c) prohibiting, restricting or controlling the use of hazardous substances17 clause 33 of the bill empowers the central government in addition to the state government regarding recognition of the certificate in first-aid treatment for the person in charge of the first-aid box18 clause 44 of the bill empowers the central government in addition to the state government to make rules regarding exposure of a person in serious risk in the factories19 clause 45 of the bill empowers the central government in addition to the state government to make rules regarding the procedure for the notice of the certain accidents to be given by the factory management20 clause 47 of the bill empowers the central government in addition to the state government to make rules for regulating the procedure at inquiries in respect of matters relating to power to direct enquiry into cases of accident or disease21 clause 62 of the bill empowers the central government to make rules however, the central government may, and in consultation with the state governments, frame rules with a view to bring uniformity in the areas of occupational safety, health or such other matter as it may consider necessary22 the matters in respect of which 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 annexure extracts from the factories act, 1948 (63 of 1948) interpretation2 in this act, unless there is anything repugnant in the subject or context,— (cb) "hazardous process" means any process or activity in relation to an industry specified in the first schedule where, unless special care is taken, raw materials used therein or the intermediate or finished products, bye-products, wastes or effluents thereof would—(i) cause material impairment to the health of the persons enaged in or connected therewith, or(ii) result in the pollution of the general environment: provided that the state government may, by notification in the official gazette, amend the first schedule by way of addition, omission or variation of any industry specified in the said schedule; (f) "week" means a period of seven days beginning at midnight on saturday night or such other night as may be approved in writing for a particular area by the chief inspector of factories; (k) "manufacturing process" means any process for— (iv) composing types for printing, printing by letter press, lithography, photogravure or other similar process or book binding; or (n) "occupier" of a factory means the person who has ultimate control over the affairs of the factory:provided that— (iii) in the case of a factory owned or controlled by the central government or any 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, as the case may be, shall be deemed to be the occupier:provided further that in the case of a ship which is being repaired, or on which maintenance work is being carried out, in a dry dock which is available for hire,—(1) the owner of the dock shall be deemed to be the occupier for the purposes of any matter provided for by or under:—(a) section 6, section 7, section 7a, section 7b, section 11 or section 12;(b) section 17, in so far as it relates to the providing and maintenance of sufficient and suitable lighting in or around the dock;(c) section 18, section 19, section 42, section 46, section 47 or section 49, in relation to the workers employed on such repair or maintenance; (2) the owner of the ship or his agent or master or other officer-incharge of the ship or any person who contracts with such owner, agent or master or other officer-in-charge to carry out the repair or maintenance work shall be deemed to be the occupier for the purposes of any matter provided for by or under section 13, section 14, section 16 or section 17 (save as otherwise provided in this proviso) or chapter iv (except section 27) or section 43, section 44 or section 45, chapter vi, chapter vii, chapter viii or chapter ix or section 108, section 109 or section 110, in relation to—(a) the workers employed directly by him, or by or through any agency; and(b) the machinery, plant or premises in use for the purpose of carrying out such repair or maintenance work by such owner, agency, master or other officer-in-charge or person; (p) "prescribed" means prescribed by rules made by the state government under this act; 6 (1) the state government may make rules— approval, licensing and registration of factoriesexplanation— a factory shall not be deemed to be extended within the meaning of this section by reason only of the replacement of any plant or machinery, or within such limits as may be prescribed, of the addition of any plant or machinery if such replacement or addition does not reduce the minimum clear space required for safe working around the plant or machinery or adversely affect the environmental conditions from the evolution or emission of steam, heat or dust or fumes injurious to healthnotice by occupier7 (1) the occupier shall, at least fifteen days before he begins to occupy or use any premises as a factory, send to the chief inspector a written notice containing— (e) the total rated horse power installed or to be installed in the factory, which shall not include the rated horse power of any separate stand-by plant; 7b (1) every person who designs, manufactures, imports or supplies any article for use in any factory, shall— general duties of manufacturers, etc, as regards articles and substances for use in factories(5) where a person designs, manufactures, imports or supplies an article on the basis of a written undertaking by the user of such article to take the steps specified in such undertaking to ensure, so far as is reasonably practicable, that the article will be safe and without risks to the health of the workers when properly used, the undertaking shall have the effect of relieving the person designing, manufacturing, importing or supplying the article from the duty imposed by clause (a) of sub-section (1) to such extent as is reasonable having regard to the terms of the undertaking(6) for the purposes of this section, an article is not to be regarded as properly used if it is used without regard to any information or advice relating to its use which has been made available by the person who has designed, manufactured, imported or supplied the articleexplanation— for the purposes of this section, "article" shall include plant and machinery 13 (1) ventilation and temperature(2) the state government may prescribe a standard of adequate ventilation and reasonable temperature for any factory or class or description of factories or parts thereof and direct that proper measuring instruments, at such places and in such position as may be specified, shall be provided and such records, as may be prescribed, shall be maintained lighting17 (1) (4) the state government may prescribe, standards of sufficient and suitable lighting for factories or for any class or description of factories or for any manufacturing process18 (1) drinking water(3) in every factory wherein more than two hundred and fifty workers are ordinary employed, provision shall be made for cooling drinking water during hot whether by effective means and for distribution thereof spittoons20 (1) (4) whoever spits in contravention of sub-section (3) shall be punishable with fine not exceeding five rupees chapter iv safety21 (1) fencing of machinery(2) the state government may by rules prescribe such further precautions as it may consider necessary in respect of any particular machinery or part thereof, or exempt, subject to such condition as may be prescribed, for secruring the safety of the workers, any particular machinery or part thereof from the provisions of this section22 (1) where in any factory it becomes necessary to examine any part of machinery referred to in section 21, while the machinery is in motion, or, as a result of such examination, to carry out—work on or near machinery in motion(a) in case referred to in clause (i) of the proviso to sub-section (1) of section 21, lubrication or other adjusting operation; or(b) in a case referred to in clause (ii) of the proviso aforesaid, any mounting or shipping of belts or lubrication or other adjusting operation, while the machinery is in motion, such examination or operation shall be made or carried out only by a specially trained adult male worker wearing tight fitting clothing (which shall be supplied by the occupier) whose name has been recorded in the register prescribed in this behalf and who has been furnished with a certificate of his appointment, and while he is so engaged,—(a) such worker shall not handle a belt at a moving pulley unless—(i) the belt is not more than fifteen centimetres in width; (ii) the pulley is normally for the purpose of drive and not merely a flywheel or balance wheel (in which case a belt is not permissible);(iii) the belt joint is either laced or flush with the belt; (iv) the belt, including the joint and the pulley rim, are in good repair; (v) there is reasonable clearance between the pulley and any fixed plant or structure;(vi) secure foothold and, where necessary, secure handhold, are provided for the operator; and(vii) any ladder in use for carrying out any examination or operation aforesaid is securely fixed or lashed or is firmly held by a second person; (b) without prejudice to any other provision of this act relating to the fencing of machinery, every set screw, bolt and key on any revolving shaft, spindle, wheel or pinion, and all spur, worm and other toothed or friction gearing in motion with which such worker would otherwise be liable to come into contact, shall be securely fenced to prevent such contact (2) no woman or young person shall be allowed to clean, lubricate or adjust any part of a prime mover or of any transmission machinery while the prime mover or transmission machinery is in motion, or to clean, lubricate or adjust any part of any machine if the cleaning, lubrication or adjustment thereof would expose the woman or young person to risk of injury from any moving part either of that machine or of any adjacent machinery(3) the state government may, by notification in the official gazette, prohibit, in any specified factory or class or description of factories, the cleaning, lubricating or adjusting by any person of specified parts of machinery when those parts are in motion23 (1) employment of young persons on dangerous machines(2) sub-section (1) shall apply to such machines as may be prescribed by the state government, being machines which in its opinion are of such a dangerous character that young persons ought not to work at them unless the foregoing requirements are complied with casing of new machinery26 (1) in all machinery driven by power and installed in any factory after the commencement of this act,—(a) every set screw, bolt or key on any revolving shaft, spindle, wheel or pinion shall be so sunk, encased or otherwise effectively guarded as to prevent danger;(b) all spur, worm and other toothed or friction gearing which does not require frequent adjustment while in motion shall be completely encased, unless it is so situated as to be as safe as it would be if it were completely encased (2) whover sells or lets on hire or, as agent of a seller or hirer, causes or procures to be sold or let on hire, for use in a factory any machinery driven by power which does not comply with the provisions of sub-section (1) or any rules made under sub-section (3), shall be punishable with imprisonment for a term which may extend to three months or with fine which may extend to five hundred rupees or with both(3) the state government may make rules specifying further safeguards to be provided in respect of any other dangerous part of any particular machine or class or description of machines27 no woman or child shall be employed in any part of a factory for pressing cotton in which a cotton opener is at work:prohibition of employment of women and children near cottonopenersprovided that if the feed-end of a cotton-opener is in a room separated from the delivery end by a partition extending to the roof or to such height as the inspector may in any particular case specify in writing, women and children may be employed on the side of the partition where the feed-end is situated28 (1) hoists and lifts(4) the state government may, if in respect of any class or description of hoist or lift, it is of opinion that it would be unreasonable to enforce any requirement of sub-sections (1) and (2), by order direct that such requirement shall not apply to such class or description of hoist or liftexplanation—for the purposes of this section, no lifting machine or appliance shall be deemed to be a hoist or lift unless it has a platform or cage, the direction or movement of which is restricted by a guide or guides29 (1) (2) the state government may make rules in respect of any lifting machine or any chain, rope or lifting tackle used in factories—lifting machines, chains, ropes and lifting tackles(a) prescribing further requirements to be complied with in addition to those set out in this section;(b) providing for exemption from compliance with all or any of the requirements of this section, where in its opinion, such compliance is unnecessary or impracticable 31 (1) pressure plant(2) the state government may make rules providing for the examination and testing of any plant or machinery such as is referred to in sub-section (1) and prescribing such other safety measures in relation thereto as may in its opinion be necessary in any factory or class or description of factories(3) the state government may, by rules, exempt, subject to such conditions as may be specified therein, any part of any plant or machinery referred to in sub-section (1) from the provisions of this section 34(1) excessive weights(2) the state government may make rules prescribing the maximum weights which may be lifted, carried or moved by adult men, adult women, adolescents and children employed in factories or in any class or description of factories or in carrying on any specified processprotection of eyes35 in respect of any such manufacturing process carried on in any factory as may be prescribed, being a process which involves—(a) risk of injury to the eyes from particles or fragments thrown off in the course of the process, or(b) risk to the eyes by reasons of exposure to excessive light, the state government may by rules require that effective screens or suitable goggles shall be provided for the protection of persons employed on, or in the immediate vicinity of, the process36 (1) no person shall be required or allowed to enter any chamber, tank, vat, pit, pipe, flue or other confined space in any factory in which any gas, fume vapour or dust is likely to be present to such an extent as to involve risk to persons being overcome thereby, unless it is provided with a manhole of adequate size or other effective means of egressprecautions against dangerous fumes, gases, etc(2) no person shall be required or allowed to enter any confined space as is referred to in sub-section (1), until all practicable measures have been taken to remove any gas, fume, vapour or dust, which may be present so as to bring its level within the permissible limits and to prevent any ingress of such gas, fume, vapour or dust and unless—(a) a certificate in writing has been given by a competent person, based on a test carried out by himself that the space is reasonably free from dangerous gas,fume, vapour or dust; or(b) such person is wearing suitable breathing apparatus and a belt securely attached to a rope the free end of which is held by a person outside the confined space explosive or inflammable dust, gas, etc37 (1) where in any factory any manufacturing process produces dust, gas, fume or vapour of such character and to such extent as to be likely to explode on ignition, all practicable measures shall be taken to prevent any such explosion by—(a) effective enclosure of the plant or machinery used in the process; (b) removal or prevention of the accumulation of such dust, gas, fume of vapour; (c) exclusion or effective enclosure of all possible sources of ignition 38 (1) precautions in case of fire(3) the state government may make rules, in respect of any factory or class or description of factories, requiring the measures to be adopted to give effect the provisions of sub-sections (1) and (2) 40b (1) in every factory,—safety officers(i) wherein one thousand or more workers are ordinarily employed, or (ii) wherein, in the opinion of the state government, any manufacturing process or operation is carried on, which process or operation involves any risk of bodily injury, poisoning or disease, or any other hazard to health, to the persons employed in the factory, the occupier shall, if so, required by the state government by notification in the official gazette, employ such number of safety officers as may be specified in that notification(2) the duties, qualification and conditions of service of safety officer, shall be such as may be prescribed by the state government chapter iva provisions relating to hazardous processes41a (1) the state government may, for purposes of advising it to consider applications for grant of permission for the initial location of a factory involving a hazardous process or for the expansion of any such factory, appoint a site appraisal committee consisting of—constitution of site appraisal committees(a) the chief inspector of the state who shall be its chairman; (b) a representative of the central board for the prevention and control of water pollution appointed by the central government under section 3 of the water (prevention and control of pollution) act, 1974;6 of 197414 of 1981(c) a representative of the central board for the prevention and control of air pollution referred to in section 3 of the air (prevention and control of pollution) act,1981;6 of 1974(d) a representative of the state board appointed under section 4 of the water(prevention and control of pollution) act, 1974;14 of 1981(e) a representative of the state board for the prevention and control of air pollution referred to in section 5 of the air (prevention and control of pollution) act,1981;(f) a representative of the department of environment in the state; (g) a representative of the meteorological department of the government of india;(h) an expert in the field of occupational health; and (i) a representative of the town planning department of the state government, and not more than five other members who may be co-opted by the state government who shall be—(i) a scientist having specialised knowledge of the hazardous process which will be involved in the factory,(ii) a representative of the local authority within whose jurisdiction the factory is to be established; and(iii) not more than three other persons as deemed fit by the state government(2) the site appraisal committee shall examine an application for the establishment of a factory involving hazardous process and make its recommendation to the state government within a period of ninety days of the receipt of such application in the prescribed form(3) where any process relates to a factory owned or controlled by the central government or to a corporation or a company owned or controlled by the central government, the state government shall co-opt in the site appraisal committee a representative nominated by the central government as a member of that committee(4) the site apprisal committee shall have power to call for any information from the person making an application for the establishment or expansion of a factory involving a hazardous process6 of 197414 of 1981(5) where the state government has granted approval to an application for the establishment or expansion of a factory involving a hazardous process, it shall not be necessary for an applicant to obtain a further approval from the central board or the state board established under the water (prevention and control of pollution) act, 1974 and the air (prevention and control of pollution) act, 198141b(1) compulsory disclosure of information by the occupier(4) every occupier shall, with the approval of the chief inspector, draw up an on-site emergency plan and detailed disaster control measures for his factory and make known to the workers employed therein and to the general public living in the vicinity of the factory the safety measures required to be taken in the event of an accident taking place(5) every occupier of a factory shall,—20 of 1987(a) if such factory engaged in a hazardous process on the commencement of the factories (amendment) act, 1987, within a period of thirty days of such commencement; and(b) if such factory proposes to engage in a hazardous process at any time after such commencement, within a period of thirty days before the commencement of such process, inform the chief inspector of the nature and details of the process in such form and in such manner as may be prescribed41c every occupier of a factory involving any hazardous process shall—specific responsibility of the occupier in relation to hazardous processes(a) maintain accurate and up-to-date health records or, as the case may be, medical records, of the workers in the factory who are exposed to any chemical, toxic or any other harmful substances which are manufactured, stored, handled or transported and such records shall be accessible to the workers subject to such conditions as may be prescribed; power of central government to appoint inquiry committee41d (1) the central government may, in the event of the occurrence of an extraordinary situation involving a factory engaged in a hazardous process, appoint an inquiry committee to inquire into the standards of health and safety observed in the factory with a view to finding out the causes of any failure or neglect in the adoption of any measures or standards prescribed for the health and safety of the workers employed in the factory or the general public affected, or likely to be affected, due to such failure or neglect and for the prevention and recurrence of such extraordinary situations in future in such factory or elsewhereemergency standards41e (1) where the central government is satisfied that no standards of safety have been prescribed in respect of a hazardous process or class of hazardous processes, or where the standards so prescribed are inadequate, it may direct the director-general of factory advice service and labour institutes or any institution specialised in matters relating to standards of safety in hazardous processes, to lay down emergency standards for enforcement of suitable standards in respect of such hazardous processes41f (1) the maximum permissible threshold limits of exposure of chemical and toxic substances in manufacturing processes (whether hazardous or otherwise) in any factory shall be of the value indicated in the second schedule permissiblelimits ofexposure of chemical and toxic substancesworkers' participation in safety management41g (1) the occupier shall, in every factory where a hazardous process takes place, or where hazardous substances are used or handled, set up a safety committee consisting of equal number of representatives of workers and management to promote co-operation between the workers and the management in maintaining proper safety and health at work and to review periodically the measures taken in that behalf:provided that the state government may, by order in writing and for reasons to be recorded, exempt the occupier of any factory or class of factories from setting up such committee 45 (1) first-aid appliances(3) each first-aid box or cupboard shall be kept in the charge of a separate responsible person who holds a certificate in first-aid treatment recognised by the state government and who shall always be readily available during the working hours of the factory canteens46 (1) the state government may make rules requiring that in any specified factory wherein more than two hundred and fifty workers are ordinarily employed, a canteen or canteens shall be provided and maintained by the occupier for the use of the workers(2) without prejudice to the generality of the foregoing power, such rules may provide for—(a) the date by which such canteen shall be provided; (b) the standards in respect of construction, accommodation, furniture and other equipment of the canteen;(c) the foodstuffs to be served therein and the charges which may be made therefor;(d) the constitution of a managing committee for the canteen and representation of the workers in the management of the canteen;(dd) the items of expenditure in the running of the canteen which are not to be taken into account in fixing the cost of foodstuffs and which shall be borne by the employer;(e) the delegation to the chief inspector, subject to such conditions as may be prescribed, of the power to make rules under clause (c)shelters, rest rooms and lunch rooms47 (1) in every factory wherein more than one hundred and fifty workers are ordinarily employed, adequate and suitable shelters or rest rooms and a suitable lunch room, with provision for drinking water, where workers can eat meals brought by them, shall be provided and maintained for the use of the workers:provided that any canteen maintained in accordance with the provisions of section 46shall be regarded as part of the requirements of this sub-section:provided further that where a lunch room exists no worker shall eat any food in the work room spreadover56 the periods of work of an adult worker in a factory shall be so arranged that inclusive of his intervals for rest under section 55, they shall not spreadover more than ten and a half hours in any day:provided that the chief inspector may, for reasosn to be specified in writing increase the spreadover up to tweleve hours extra wages for overtime59 (1) where a worker works in a factory for more than nine hours in any day or for more than forty-eight hours in any week, he shall, in respect of overtime work, be entitled to wages at the rate of twice his ordinary rate of wages(2) for the purposes of sub-section (1), "ordinary rate of wages" means the basic wages plus such allowances, including the cash equivalent of the advantage accruing through the concessional sale to workers of foodgrains and other articles, as the worker is for the time being entitled to, but does not include a bonus and wages for overtime work(3) where any workers in a factory are paid on a piece-rate basis, the time rate shall be deemed to be equivalent to the daily average of their full-time earnings for the days on which they actually worked on the same or identical job during the month immediately preceding the calender month during which the overtime work was done, and such time rates shall be deemed to be ordinary rates of wages of those workers:provided that in the case of a worker who has not worked in the immediately preceding calendar month on the same or identical job, the time rate shall be deemed to be equivalent to the daily average of the earnings of the worker for the days on which he actually worked in the week in which the overtime work was doneexplanation—for the purposes of this sub-section in computing the earnings for the days on which the worker actually worked such allowances, including the cash equivalent of the advantage accruing through the concessional sale to workers of foodgrains and other articles, as the worker is for the time being entitled to, shall be included but any bonus or wages for overtime work payable in relation to the period with reference to which the earnings are being computed shall be excluded(4) the cash equivalent of the advantage accruing through the concessional sale to a worker of foodgrains and other articles shall be computed as often as may be prescribed on the basis of the maximum quantity of foodgrains and other articles admissible to a standard familyexplanation 1—"standard family" means a family consisting of the worker, his or her spouse and two children below the age of fourteen years requiring in all three adult consumption unitsexplanation 2—"adult consumption unit" means the consumption unit of a male above the age of fourteen years; and the consumption unit of a female above the age of fourteen years and that of a child below the age of fourteen years shall be calculated at the rate of 8 and 6 respectively of one adult consumption unit(5) the state government may make rules prescribing—(a) the manner in which the cash equivalent of the advantage accruing through the concessional sale to a worker of foodgrains and other articles shall be computed; and(b) the registers that shall be maintained in a factory for the purpose of securing compliance with the provisions of this section 64 (1) power to make exempting rules(4) in making rules under this section, the state government shall not exceed, except in respect of exemption under clause (a) of sub-section (2) the following limits of work inclusive of overtime:— (iv) the total number of hours of overtime shall not exceed fifty for any one quarter explanation—"quarter" means a period of three consecutive months beginning on the 1st of january, the 1st of april, the 1st of july or the 1st of october(5) rules made under this section shall remain in force for not more than five years 65(1) power to make exempting orders(3) any exemption granted under sub-section (2) shall be subject to the following conditions, namely:— (iv) no worker shall be allowed to work overtime, for more than seven days at a stretch and the total number of hours of overtime work in any quarter shall not exceed seventy-five explanation—in this sub-section "quarter" has the same meaning as in sub-section(4) of section 6466 (1) the provisions of this chapter shall, in their application to women in factories, be supplemented by the following further restrictions, namely:—further restrictions on employment of women(a) no exemption from the provisions of section 54 may be granted in respect of any woman;(b) no woman shall be required or allowed to work in any factory except between the hours of 6 am and 7 pm:provided that the state government may, by notification in the official gazette, in respect of any factory or group or class or description of factories, vary the limits laid down in clause (b), but so that no such variation shall authorise the employment of any woman between the hours of 10 pm and 5 am;(c) there shall be no change of shifts except after a weekly holiday or any other holiday (2) the state government may make rules providing for the exemption from the restrictions set out in sub-section (1), to such extent and subject to such conditions as it may prescribe, of women working in fish-curing or fish-canning factories, where the employment of women beyond the hours specified in the said restrictions is necessary to prevent damage to, or deterioration in, any raw material(3) the rules made under sub-section (2) shall remain in force for not more than three years at a time 76 the state government may make rules—power to make rules (b) prescribing the physical standards to be attained by children and adolescents working in factories; 26 of 193877 the provisions of this chapter shall be in addition to, and not in derogation of, the provisions of the employment of children act, 1938certain other provisions of law not barred annual leave with wages79 (1) every worker who has worked for a period of 240 days or more in a factory during a calendar year shall be allowed during the subsequent calendar year, leave with wages for a number of days calculated at the rate of—(i) if an adult, one day for every twenty days of work performed by him during the previous calendar year;(ii) if a child, one day for every fifteen days of work performed by him during the previous calendar yearexplanation 1— for the purpose of this sub-section—(a) any days of lay off, by agreement or contract or as permissible under the standing orders;(b) in the case of a female worker, maternity leave for any number of days not exceeding twelve weeks; and(c) the leave earned in the year prior to that in which the leave is enjoyed, shall be deemed to be days on which the worker has worked in a factory for the purpose of computation of the period of 240 days or more, but he shall not earn leave for these days (2) a worker whose service commences otherwise than on the first day of january shall be entitled to leave with wages at the rate laid down in clause (i) or, as the case may be, clause(ii) of sub-section (1) if he has worked for two-thirds of the total number of days in the remainder of the calendar year dangerous operations87 where the state government is of opinion that any manufacturing process or operation carried on in a factory exposes any persons employed in it to a serious risk of bodily injury, poisoning or disease, it may make rules applicable to any factory or class or description of factories in which the manufacturing process or operation is carried on— (b) prohibiting or restricting the employment of women, adolescents or children in the manufacturing process or operation; 88 (1) notice of certain accidents(3) the state government may make rules for regulating the procedure at inquiries under this section| | | | | ||------|------|------|------|-----|89 (1) notice of certain diseases(4) if any medical practitioner fails to comply with the provisions of sub-section (2), he shall be punishable with fine which may extend to one thousand rupees| ||----------------|| power to || direct enquiry || into cases of || accident or || disease |90 (1) the state government may, if it considers it expedient so to do, appoint a competent person to inquire into the causes of any accident occurring in a factory or into any case where a disease specified in the third schedule has been, or is suspected to have been contracted in a factory, and may also appoint one or more persons possessing legal or special knowledge to act as assessors in such inquiry5 of 1908(2) the person appointed to hold an inquiry under this section shall have all the powers of a civil court under the code of civil procedure, 1908 for the purposes of enforcing the attendance of witnesses and compelling the production of documents and material objects, and may also, so far as may be necessary for the purposes of the inquiry, exercise any of the powers of an inspector under this act; and every person required by the person making the inquiry to furnish any information shall be deemed to be legally bound so to do within the meaning of section 176 of the indian penal code 45 of 1860(3) the person holding an inquiry under this section shall make a report to the state government stating the causes of the accident, or as the case may be, disease, and any attendant circumstances, and adding any observations which he or any of the assessors may think fit to make(4) the state government may, if it thinks fit, cause to be published any report made under this section or any extracts therefrom(5) the state government may make rules for regulating the procedure at inquiries under this section safety and occupational health surveys91a (1) the chief inspector, or the director general of factory advice service and labour institutes, or the director general of health services, to the government of india, or such other officer as may be authorised in this behalf by the state government or the chief inspector or the director general of factory advice service and labour institutes or the director general of health services may, at any time during the normal working hours of a factory, or at any other time as is found by him to be necessary, after giving notice in writing to the occupier or manager of the factory or any other person who for the time being purports to be in charge of the factory, undertake safety and occupational health surveys, and such occupier or manager or other person shall afford all facilities for such survey, including facilities for the examination and testing of plant and machinery and collection of samples and other data relevant to the survey chapter x penalties and proceduregeneral penalty for offences92 save as is otherwise expressly provided in this act and subject to the provisions of section 93, if in, or in respect of, any factory there is any contravention of any of the provisions of this act or of any rules made thereunder or of any order in writing given thereunder, the occupier and manager of the factory shall each be guilty of an offence and punishable with imprisonment for a term which may extend to two years or with fine which may extend to one lakh rupees or with both, and if the contravention is continued after conviction, with a further fine which may extend to one thousand rupees for each day on which the contravention is so continued:provided that where contravention of any of the provisions of chapter iv or any rule made thereunder or under section 87 has resulted in an accident causing death or serious bodily injury, the fine shall not be less than twenty-five thousand rupees in the case of an accident causing death, and five thousand rupees in the case of an accident causing serious bodily injuryexplanation—in this section and in section 94 "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, sight or hearing, or the fracture of any bone, but shall not include, the fracture of bone or joint (not being fracture of more than one bone or joint) of any phalanges of the hand or foot93 (1) where in any premises separate buildings are leased to different occupiers for use as separate factories, the owner of the premises shall be responsible for the provision and maintenance of common facilities and services, such as approach roads, drainage, water supply, lighting and sanitationliability of owner of premises in certain circumstances(2) the chief inspector shall have, subject to the control of the state government, power to issue orders to the owner of the premises in respect of the carrying out of the provisions of sub-section (1)(3) wherein any premises, independent or self-contained, floors or flats are leased to different occupiers for use as separate factories, the owner of the premises shall be liable as if he were the occupier or manager of a factory, for any contravention of the provisions of this act in respect of—(i) latrines, urinals and washing facilities in so far as the maintenance of the common supply of water for these purposes is concerned;(ii) fencing of machinery and plant belonging to the owner and not specifically entrusted to the custody or use of an occupier;(iii) safe means of access to the floors or flats and maintenance and cleanliness of staircases and common passages;(iv) precautions in case of fire; (v) maintenance of hoists and lifts; and (vi) maintenance of any other common facilities provided in the premises(4) the chief inspector shall have, subject to the control of the state government, power to issue orders to the owner of the premises in respect of the carrying out the provisions of sub-section (3)(5) the provisions of sub-section (3) relating to the liability of the owner shall apply where in any premises independent rooms with common latrines, urinals and washing facilities are leased to different occupiers for use as separate factories:provided that the owner shall be responsible also for complying with the requirements relating to the provision and maintenance of latrines, urinals and washing facilities(6) the chief inspector shall have, subject to the control of the state government, the power to issue orders to the owner of the premises referred to in sub-section (5) in respect of the carrying out of the provisions of section 46 or section 48(7) where in any premises portions of a room or a shed are leased to different occupiers for use as separate factories, the owner of the premises shall be liable for any contravention of the provisions of—(i) chapter iii, except sections 14 and 15; (ii) chapter iv, except sections 22, 23, 27, 34, 35 and 36: provided that in respect of the provisions of sections 21, 24 and 32 the owner's liability shall be only in so far as such provisions relate to things under his control:provided further that the occupier shall be responsible for complying with the provisions of chapter iv in respect of plant and machinery belonging to or supplied by him;(iii) section 42(8) the chief inspector shall have, subject to the control of the state government, power to issue orders to the owner of the premises in respect of the carrying out the provisions of sub-section (7)(9) in respect of sub-sections (5) and (7), while computing for the purposes of any of the provisions of this act the total number of workers employed, the whole of the premises shall be deemed to be a single factoryenhanced penalty after previous conviction94 (1) if any person who has been convicted of any offence punishable under section92 is again guilty of an offence involving a contravention of the same provision, he shall be punishable on a subsequent conviction with imprisonment for a term which may extend to three years or with fine which shall not be less than ten thousand rupees but which may extend to two lakh rupees or with both:provided that the court may, for any adequate and special reasons to be mentioned in the judgment, impose a fine of less than ten thousand rupees:provided further that where contravention of any of the provisions of chapter iv or any rule made thereunder or under section 87 has resulted in an accident causing death or serious bodily injury, the fine shall not be less than thirty-five thousand rupees in the case of an accident causing death and ten thousand rupees in the case of an accident causing serious bodily injury(2) for the purposes of sub-section (1) no cognizance shall be taken of any conviction made more than two years before the commission of the offence for which the person is subsequently being convictedpenalty for obstructing inspector95 whoever wilfully obstructs an inspector in the exercise of any power conferred onhim by or under this act, or fails to produce on demand by an inspector any registers or other documents in his custody kept in pursuance of this act or of any rules made thereunder, or conceals or prevents any worker in a factory from appearing before, or being examined by, an inspector, shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to ten thousand rupees or with bothpenalty for wrongfully disclosing results of analysis under section 9196 whoever, except in so far as it may be necessary for the purposes of a prosecution for any offence punishable under this act, publishes or discloses to any person the results of an analysis made under section 91, shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to ten thousand rupees or with bothpenalty for contravention of the provisions of sections 41b, 41c and 41h96a (1) whoever fails to comply with or contravenes any of the provisions of section41b, 41c or 41h or the rules made thereunder, shall, in respect of such failure or contravention, be punishable with imprisonment for a term which may extend to seven years and with fine which may extend to two lakh rupees, and in case the failure or contravention continues, with additional fine which may extend to five thousand rupees for every day during which such failure or contravention continues after the conviction for the first such failure or contravention [10] m coffences by workers97 (1) subject to the provisions of section 111, if any worker employed in a factory contravenes any provision of this act or any rules or orders made thereunder, imposing any duty or liability on workers, he shall be punishable with fine which may extend to five hundred rupees [10] m c gonzalez-garcia, m c gonzalez-garcia, mpenalty for using false certificate of fitness98 whoever knowingly uses or attempts to use, as a certificate of fitness granted to himself under section 70, a certificate granted to another person under that section, or who, having procured such a certificate, knowingly allows it to be used, or an attempt to use it to be made, by another person, shall be punishable with imprisonment for a term which may extend to two months or with fine which may extend to one thousand rupees or with bothpenalty for permitting double employment of child99 if a child works in a factory on any day on which he has already been working in another factory, the parent or guardian of the child or the person having custody of or control over him or obtaining any direct benefit from his wages, shall be punishable with fine which may extend to one thousand rupees, unless it appears to the court that the child so worked without the consent or connivance of such parent, guardian or person 102 (1) power of court to make orders(2) where an order is made under sub-section (1) the occupier or manager of the factory, as the case may be, shall not be liable under this act in respect of the continuation of the offence during the period or extended period, if any, allowed by the court, but if, on the expiry of such period or extended period, as the case may be, the order or the court has not been fully complied with, the occupier or manager, as the case may be, shall be deemed to have committed a further offence, and may be sentenced therefore by the court to undergo imprisonment for a term which may extend to six months or to pay a fine which may extend to one hundred rupees for every day after such expiry on which the order has not been complied with, or both to undergo such imprisonment and to pay such fine, as aforesaid 104 (1) onus as to age(2) a declaration in writing by a certifying surgeon relating to a worker that he has personally examined him and believes him to be under the age stated in such declaration shall, for the purposes of this act and the rules made thereunder, be admissible as evidence of the age of that worker 111 (1) obligations of workers(2) if any worker employed in a factory contravenes any of the provisions of this section or of any rule or order made thereunder, he shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to one hundred rupees, or with both general power to make rules112 the state government may make rules providing for any matter which, under any of the provisions of this act, is to be or may be prescribed or which may be considered expedient in order to give effect to the purposes of this act [see section 2 (cb)] list of industries involving hazardous processes1 ferrous metallurgical industries- integrated iron and steel - ferrow-alloys - special steels2 non-ferrous metallurgical industries- primary metallurgical industries, namely, zinc, lead, copper, manganese andaluminium3 foundries (ferrous and non-ferrous)- castings and forgings including cleaning or smoothening/roughening bysand and shot blasting4 coal (including coke) industries- coal, lignite, coke, etc - fuel gases (including coal gas, producer gas, water gas)5 power generating industries 6 pulp and paper (including paper products) industries 7 fertiliser industries- nitrogenous - phosphatic - mixed8 cement industries- portland cement (including slag cement, puzzolona cement and their products)9 petroleum industries- oil refining - lubricating oils and greases10 petro-chemical industries 11 drugs and pharmaceutical industries- narcotics, drugs and pharmaceuticals12 fermentation industries (distilleries and breweries) 13 rubber (synthetic) industries 14 paints and pigment industries 15 leather tanning industries 16 electro-plating industries 17 chemical industries- coke oven by-products and coaltar distillation products - industrial gases (nitrogen, oxygen, acetylene, argon, carbondioxide, hydrogen,sulphur dioxide, nitrous oxide, halogenated hydrocarbon, ozone, etc)- industrial carbon - alkalies and acids - chromates and dichromates - leads and its compounds - electrochemicals (metallic sodium, potassium and magnesium, chlorates,perchlorates and peroxides)- electrothermal produces (artificial abrasive, calcium carbide) - nitrogenous compounds (cyanides, cyanamides, and other nitrogenouscompounds)- phosphorous and its compounds - halogens and halogenated compounds (chlorine, fluorine, bromine andiodine)- explosives (including industrial explosives and detonators and fuses)18 insecticides, fungicides, herbicides and other pesticides industries 19 synthetic resin and plastics 20 man-made fibre (cellulosic and non-cellulosic) industry 21 manufacture and repair of electrical accumulators 22 glass and ceramics 23 grinding or glazing of metals 24 manufacture, handling and processing of asbestos and its products 25 extraction of oils and fats from vegetable and animal sources 26 manufacture, handling and use of benzene and substances containing benzene 27 manufacturing processes and operations involving carbon disulphide 28 dyes and dyestuff including their intermediates 29 highly flammable liquids and gases'' ———— a billfurther to amend the factories act, 1948————(shri narendra singh tomar, minister of labour and employment)gmgipmrnd—2021ls(s3)—05082014 | Parliament_bills | 09725eed-a705-5a77-979f-2c14a5f76f6f |
bill no iv of 2012 the constitution (amendment) bill, 2012 a bill further to amend the constitution of indiabe it enacted by parliament in the sixty-third year of the republic of india as follows:—1 (1) this act may be called the constitution (amendment) act, 2012short title and commencement(2) it shall come into force on such date as the central government may, bynotification in the official gazette, appoint5amendment of the preamble2 in the preamble to the constitution, for the word "india" the word "bharat"shall be substitutedamendment of article 13 in article 1 of the constitution in clause (1), for the words, "india, that is bharat" the word "bharat" shall be substitutedamendment of article 284 in article 28 of the constitution, after clause (3), the following shall be inserted, namely:—5"(4) nothing in this article shall prevent the state or any other educational institutions recognized or aided by the state from imparting instruction in 'dharma'10explanation—for the purpose of this article 'dharma' means moral and righteous code of conduct of individuals which sustains the society, maintains social order, ensures well-being and progress of humanity as distinct from religion which in clause (1) of article 28 of the constitution shall mean only various methods or mode of worship of god by any class of persons who believe in the existence of god, by whatever name they choose to call him" statement of object and reasonsas far as the name of the country is concerned, the bill provides that the word'india' be deleted and it should stand substituted by the word 'bharat' the reason for this is the name of the country from times immemorial is bharat and as evidenced by all ancient literature commencing from the mahabharat, and in particular the vishnu purana contains an entire chapter dedicated to the territorial description of the country wherein the name of the country is given as "bharat"it reads:mùkja ;r~ leqnzl; fgeknzs'pso nf{kke~a o"k± rn hkkjra uke hkkjrh ;= lurfr%aathe country which lies to the north of the seas and to the south of the himalayas, is bharat, and the people of this country are 'bharateeyas'the name 'india' was given by the foreign rulers the moment we got rid of foreign rule, we should have also got rid of the name given by them to our country dr radhakumud mukherjee, the great historian of our times, in his famous book 'fundamental unity of india' has stated that "the name 'bharat' is not a mere geographical expression like the term "india", having only a physical reference, it has a deep historical significance symbolizing a fundamental unity"but strangely, in article 1 of the constitution, the name 'india' is retained along with 'bharat' two names are unnecessary and proper noun should not be translated it is also necessary that the name of our country must be in conformity with our national anthem and national slogan it is well known that in our national anthem the word used to identify our country is "bharata" and not "india" and similarly our national slogan is bharat mata ki jai which is ever unifying and inspiring, which has a tremendous appeal for fraternity, unity and integrity of the nation, and not "india mata ki jai" hence, the word 'india' should be deleted in article 1 and in all places in the constitution and the laws wherever the word 'india' occurs it should stand replaced by the word "bharat"as regards clause (4) of article 28 together with explanation proposed to be inserted by this bill, the reasons are that the panacea for corruption, abuse of power and immoral sexual behaviour and moral degradation which are rampant and eating into the vitals of the nation lies in making instructions in dharma or moral code compulsory in the school curriculum and national education system there is no word which is equivalent to the sanskrit word 'dharma' in any other language of the world dr radhakrishnan has rightly stated 'virtue is dharma' and 'vice is adharma'to put in one sentence, dharma is moral code of conduct common to all human beings whereas religion is mode of worship of god by believers in god by giving him different names religions are many and personal but dharma is one and universalgood code of conduct which are prescribed in different religions could also be supplemented it is no doubt a long term remedy but a sure one and the only panacea for moral degradation with which nation is sufferingit is paradoxical that comprehensive word dharma came to be translated as religion wrongly though there is a vast difference between dharma and religion for whereas dharma means righteous code of conduct, religion means mode of worship of god by believers and secularism means respect and equal treatment of all religions dharma respects all religions and prohibits discrimination on ground of religion and, therefore, secularism-par-excellence all the rules of righteous conduct in every sphere of human activity evolved from times immemorial in the world fall within the meaning of the word dharma this meaning of dharma as given in the mahabharata karna parva has been quoted with approval by the supreme court in the case of narayana dixitalu vs state of andhra pradesh [1996 (9) scc 548 at praragraph 59]therefore, it is mandatory that dharma should be made part of instruction in schools and colleges so that every individual develops from childhood the dharma abiding nature further, dharma is preventive in nature as declared in mahanarayanopanishad in the following words: /keszk ikieiuqnfr "dharma destroys sinful thoughts" it is an internal check against wrong doing any instrumentality created by the state, lokpal or lokayukta or the courts or police force are of punitive in nature and come into operation only after the offence is committed it is well known that "prevention is better than cure" therefore, as part of national education system, dharma abiding nature should be inculcated in each individual by making instructions in dharma supplemented by moral code laid down in various religions from childhood this is the only remedy to eradicate corruptionas far as the instructions in dharma is concerned, it is universal for all and would prevent the acquisition of illegal wealth [artha] and fulfilling of illegitimate desires and therefore constitute the panacea for all human problems moreover, dharma includes duties of individuals in fact our society from most ancient times has established duty based society [karma bhumi] and mahatma gandhi in his book "my picture of free india" in the first paragraph itself has reiterated the declaration made in the vishnu purana to the effect that ours is a duty based society [karma bhoomi] and that is the mark of our distinction as distinct from other lands though a chapter on fundamental duties was omitted in the original constitution obviously by oversight, it came to be incorporated in the constitution by the constitution 42nd amendment justice js verma committee appointed by central government has recommended in its report that fundamental duties should be made part of school curriculum thus, the fundamental rights, directive principles and the fundamental duties incorporated in part-iii, iv and iva together fall within the scope of dharma and are binding on all therefore, instructions in dharma should be made compulsory in the school curriculum in order to inculcate dharma abiding nature in all the citizensit is high time that we should make a clear distinction which exists between dharma and religion as explained in the bill which is sure to strengthen true secularism which is one of the elements of the basic structure of the constitution hence this billm rama jois annexure exracts from the constitution of indiapreamble—we, the people of india, having solemnly resolved to constitute india into a sovereign socialist secular democratic republic and to secure to all its citizens:1 name and territory of the union—(1) india, that is bharat, shall be a union of states(2) the states and the territories thereof shall be as specified in the first schedule(3) the territory of india shall comprise—(a) the territories of the states; (b) the union territories specified in the first schedule; and (c) such other territories as may be acquired rajya sabha———— a billfurther to amend the constitution of india————(shri m rama jois, mp)gmgipmrnd—1025rs(s3)—11-05-2012 | Parliament_bills | ba9fff74-1473-5394-b4c6-d5a1c17264c7 |
bill no 185 of 1_ the appropriation (railways) no3 bill, 1980 a billto autlwrise payment and appropriation of certain sums from cmd out of the consolidated fund of incl·;a for t:he ~ices of the jbumcicil year 1980-81 for the purposes of railways be it enacted by parliament in the thirty-first year of the republic at india as follows:-1 this act may be called the appropriation (railways) no 3 act, short 19'80 title 5 9 of 1980 2 from and out of the consolidated fund of india there may be paid and applied sums not exceeding those specified in column 3 ot the schedule amounting in the aggregate [inclusive of the sums speclfted in column 3 of the schedule to the appropriation (railways) vote on account act, 1980] to the sum of four thousand eight hundred thirty-four crores, seventy-two lakhs and forty-nine thousand rupees towards defray-j 0 ing the several charges which will come in course of i;)ayment during the financial year 1980-81, in respect of the services relating to railways specified in column 2 of the schedule issue of rs4834, 72,f9,000 out of the consolidated fund of india for the financial year 1980-81 15 3 the sums authorised to be paid and applied from and out of the appro_ consolidated fund of india by this act shall be appropriated for the priation services and purposes expressed in the schedule in relation to the said year voted i" parliament ! chara,ti 1111 lit cunllolida t,d fund rs rs ra 0 :1,"5,6600" i ! railway buard 30 566,iicit' miscellallt'nus (gmeral) rxpellrlilurc' 3,000~ i i234ii",,, i i2047o00 r;"deral suprrinlrnrimcc' and servicr, }5j,00' 1351l3·720(h' j 35801 70(11l '-'3304·5uooo 4·j3'oo 233"90 3on" 15 rt'pilirs and maintmancr of }>ermanenl way an,1 works ::; ; ~,~ 'maintrnancc of , ¥qti\"r p<mef ,,~jgoo i 208,6',57(k" 1l08f)s9,7flc1d 6 repaira and maintcnanrl' of carriages and wagum 201000 257,:!3·31•iioo :1j7 - !j :tu,ono 20 7 repain and maintenann' of i plant add equipment 1 24,nfl9(kjo ',4s,000 i 11i475,3j01k• a l9p""~~ expe'~~omnll j stock and' eqiupment 26593,57000 i i 5,20,oo? i , i :r6s 1)8, 7i (k)o 2867000 i 2 76,0895000 275,bo28()(k' !i i operatiag expenses-traffic i i 4s8,,:liooo i 1,,,,o'<y, s,i8 ,f ;000 25 10 i operating exp~fut'j 122(1)0 918, 18,ock' ii i staffwelfarr and amenities <) i 8s96000 i 12 milcdlaieoua worklu&' expi'llilo ~28,8j,ooo 1306592000 i :l7~7o7ooo i i pruvidml fund, pension and other retirrment il'enrlib 1,01),000 j()5,2176,oon ios20,6noo 30 appropria&ion to funds 35158,33000 351s8,33ock' 15 dividead to gcmellll' kevm ; r~ymml of i utakas from' l t geait!taj r"l"ilu~ ud amc;r t_lion of ovn pitajizatioll 340 79sc?po i i 3~,a79:jooo , ~5 i , , i 100-i 1 ~'oc:',iiopoo j6 · ~mi ~ij\ift statement of objects and reasonsthis bill is introduced in pursuance of article 114(1) of the constitution of india, read with article 116 thereof, to provide for the appropriation out of the consolidated fund of india of the moneys required to meet the expenditure charged on the consolidated fund of india and the grants made in advance by the lok sabha in respect of the estimated expenditure of the central government on railways, for the financial yt:'ar 1980-81 kamlapa ti tripathi president's recommendation under article 117 of the cons'ritution of india[copy of letter no 80-b-401, dated the 16th june, 1980 from shri kamlapati tripathi, minister of railways to the secretary, lok sabha] the president, having been informed of the subject matter of the proposed aj:oropriation bill providing for the withdrawal from and out of the consolidated fund of india of the moneys required to meet the expenditure charged on the fund and the grants made by lok sabha for the financial year, 1980-81, recommends under clauses (1) and (3) of article 117 of the constitution of india the introduction in and consideration by lok sabha of the appropriation bill - - i -',r " '-' 1\ " ;' a billto authorise payment and appropriation of certain sums from and out of the consolidated fund of india for the rrvices of the financial year 198()-81 for the pun;>oses of railways (8mi kgmi4pgti tnpathi, minilte, of rclil~) | Parliament_bills | 32923605-6668-557a-921c-ab0021ac4d77 |
the assisted reproductive technology (regulation) bill, 2020—————— arrangement of clauses—————— chapter i preliminary clauses1 short title and commencement 2 definitions chapter ii authorities to regulate assisted reproductive technology a the national board3 national board 4 application of provisions of surrogacy act with respect to national board 5 powers and functions of national board b state board6 state board 7 application of provisions of surrogacy act with respect to state board 8 powers and functions of state board c the national registry and registration authority9 establishment of national registry of clinics and banks10 composition of national registry 11 functions of national registry 12 appointment of registration authority 13 functions of registration authority 14 powers of registration authority chapter iii procedures for registration15 registration of assisted reproductive technology clinic or assisted reproductive technology bank16 grant of registration 17 renewal of registration 18 suspension or cancellation of registration clauses19 appeal 20 power to inspect premises, etc chapter iv duties of assisted reproductive technology clinic and assisted reproductive technology bank21 general duties of assisted reproductive technology clinics and banks 22 written informed consent 23 duties of assisted reproductive technology clinics and banks to keep accuraterecords24 duties of assisted reproductive technology clinics using human gametes andembryos25 pre-implantation genetic diagnosis 26 sex selection 27 sourcing of gametes by assisted reproductive technology banks 28 storage and handling of human gametes and embryos 29 restriction on sale, etc, of human gametes, zygotes, and embryos 30 research on human embryo and gametes 31 rights of child born through assisted reproductive technology chapter v offences and penalties32 sex selective assisted reproductive technology 33 offences and penalties 34 punishment for contravention of provisions of act or rules for which no specificpunishment is provided35 cognizance of offences 36 offences to be cognizable and bailable 37 offences by clinics or banks chapter vi miscellaneous38 power of central government to issue directions to national board and nationalregistry39 power of state government to issue directions to state board 40 power to search and seize records, etc 41 protection of action taken in good faith 42 power to make rules 43 power to make regulations 44 laying of rules, regulations and notifications 45 application of other laws not barred 46 power to remove difficulties bill no 97 of 2020 the assisted reproductive technology (regulation) bill, 2020 a billfor the regulation and supervision of the assisted reproductive technology clinics and the assisted reproductive technology banks, prevention of misuse, safe and ethical practice of assisted reproductive technology services 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 (1) in this act, unless the context otherwise requires,—(a) "appointed day" means the date on which the provisions of this act shall come into force;5(b) "artificial insemination" means the procedure of artificially transferring semen into the reproductive system of a woman and includes insemination with the husband's semen or with the donor's semen;10(c) "assisted reproductive technology" with its grammatical variations and cognate expressions, means all techniques that attempt to obtain a pregnancy by handling the sperm or the oocyte outside the human body and transferring the gamete or the embryo into the reproductive system of a woman;(d) "assisted reproductive technology bank" means an organisation that is set up to supply sperm or semen, oocytes or oocyte donors to the assisted reproductive technology clinics or their patients;15(e) "assisted reproductive technology clinic" means any premises equipped with requisite facilities and medical practitioners registered with the national medical commission for carrying out the procedures related to the assisted reproductive technology;(f) "child" means any individual born through the use of the assisted reproductive technology;20(g) "commissioning couple" means an infertile married couple who approach an assisted reproductive technology clinic or assisted reproductive technology bank for obtaining the services authorised of the said clinic or bank;(h) "egg" means the female gamete; (i) "embryo" means a developing or developed organism after fertilisation till the end of fifty-six days from the day of fertilisation;25(j) "gamete" means sperm and oocyte; (k) "gamete donor" means a person who provides sperm or oocyte with the objective of enabling an infertile couple or woman to have a child;3057 of 1994(l) "gynaecologist" shall have the same meaning as assigned to it in the pre-conception and pre-natal diagnostic techniques (prohibition of sex selection) act, 1994;(m) "infertility" means the inability to conceive after one year of unprotected coitus or other proven medical condition preventing a couple from conception;(n) "national board" means the national board for surrogacy to be constituted under sub-section (1) of section 15 of the surrogacy act;35(o) "national registry" of assisted reproductive technology clinics and banks in india, means a registry established under section 9;(p) "notification" means a notification published in the official gazette and the expression "notify" shall be construed accordingly;40(q) "patients" means an individual or couple who comes to any registered assisted reproductive technology clinic for management of infertility;(r) "prescribed" means prescribed by rules made under this act; (s) "registration authority" means the authority appointed under section 12;45(t) "regulations" means the regulations made by the national board under this act;(u) "sperm" means the mature male gamete; (v) "state board" means a state board for surrogacy to be constituted undersub-section (1) of section 24 of the surrogacy act;(w) "surrogacy act" means the surrogacy (regulation) act, 2020; and5(x) "woman" means any woman above the legal age of marriage who approachesan assisted reproductive technology clinic or assisted reproductive technology bank for obtaining the authorised services of the clinic or bank(2) the expressions "clinics" and "banks" occurring in this act shall be construed as"assisted reproductive technology clinics" and "assisted reproductive technology banks"10 chapter ii authorities to regulate assisted reproductive technology a the national boardnational board3 the national board to be constituted under sub-section (1) of section 15 of the surrogacy act shall be the national board for the purposes of this act154 subject to the provisions of this act and the rules made thereunder, the provisions of the surrogacy act relating to—(i) constitution of the national surrogacy board;application of provisions of surrogacy act with respect to national board(ii) term of office of members of the national board; (iii) meetings of the national board; (iv) vacancies, etc, not to invalidate proceedings of the national board;20(v) disqualifications for appointment as member of the national board; (vi) temporary association of persons with the national board for particularpurposes;(vii) authentication of orders and other instruments of the national board; and (viii) eligibility of members of the national board for re-appointment,25shall, mutatis mutandis, apply, so far as may be, in relation to assisted reproductive technology as they apply in relation to surrogacy, as if they are enacted under this act5 the national board shall exercise and discharge the following powers and functions, namely:—powers and functions of national board30(a) to advise the central government on policy matters relating to the assistedreproductive technology;(b) to review and monitor the implementation of the act, rules and regulationsmade thereunder and recommend to the central government, any suitable changes therein;35(c) to lay down code of conduct to be observed by persons working at clinics,to set the minimum standards of physical infrastructure, laboratory and diagnostic equipment and expert manpower to be employed by clinics and banks;(d) to oversee the performance of various bodies constituted under this actand take appropriate steps to ensure their effective performance;40(e) to supervise the functioning of the national registry and liaison with thestate boards;(f) to pass orders as per the provisions made under this act; and (g) such other powers and functions as may be prescribed b state boardstate board6 the state board to be constituted under sub-section (1) of section 24 of thesurrogacy act shall be the state board for the purposes of this act57 subject to the provisions of this act and the rules made thereunder, the provisions of the surrogacy act relating to—| ( | i | ) constitution of the state surrogacy board; ||---------------|------|----------------------------------------------------------------------------------|| application | | || of provisions | | || of surrogacy | | || act with | | || respect to | | || state board | | || ( | ii | ) composition of the state board; || ( | iii | ) term of office of members of the state board; || ( | iv | ) meetings of the state board; || 10 | | || ( | v | ) vacancies, etc, not to invalidate proceedings of the state board; || ( | vi | ) disqualifications for appointment as member of the state board; || ( | vii | ) temporary association of persons with the state board for particular purposes; || ( | viii | ) authentication of orders and other instruments of the state board; and || ( | ix | ) eligibility of member of the state board for re-appointment, || 15 | | |shall, mutatis mutandis, apply, so far as may be, in relation to assisted reproductive technology as they apply in relation to surrogacy, as if they are enacted under this actpowers and functions of state board8 (1) subject to the provisions of this act and the rules and regulations made thereunder, the state board shall have the responsibility to follow the policies and plans laid by the national board for clinics and banks in the state20(2) without prejudice to the generality of the provisions contained in sub-section (1), the state board, taking into account the recommendations, policies and regulations of the national board, shall—(a) co-ordinate the enforcement and implementation of the policies and guidelines for assisted reproduction; and25(b) such other powers and functions as may be prescribed(3) in the exercise of its functions under this act, the state board shall give such directions or pass such orders as directed by the national board c the national registry and registration authority309 the central government may, by notification, establish for the purposes of this act, a registry to be called the national registry of clinics and banks in india with effect from such date as may be specified in that notificationestablishment of national registry of clinics and bankscomposition of national registry10 the national registry referred to in section 9 shall consist of such scientific, technical, administrative and supportive staff and the terms and conditions of their service shall be such as may be prescribed3511 the national registry shall discharge the following functions, namely:—functions of national registry(a) it shall act as a central database in the country through which the details ofall the clinics and banks of the country including nature and types of services provided by them, outcome of the services and other relevant information shall be obtained on regular basis;40(b) it shall assist the national board in its functioning by providing the datagenerated from the central database of the registry;(c) the data generated from the national registry shall be utilised by the national board for making policies, guidelines and shall help in identifying new research areas and conducting research in the area of assisted reproduction and other related fields in the country; and5(d) such other functions as may be prescribed12 (1) the central government shall, within a period of ninety days from the date of commencement of this act, by notification, appoint one or more registration authorities for each of the union territories for the purposes of this actappointment of registration authority10(2) the state government shall, within a period of ninety days from the date of commencement of this act, by notification, appoint one or more registration authorities for the whole or any part of the state for the purposes of this act(3) the registration authority, under sub-section (1) or sub-section (2), shall,—(a) when appointed for the whole of the state or the union territory, consist of—15(i) an officer of or above the rank of the joint secretary of the health and family welfare department—chairperson, ex officio;(ii) an officer of or above the rank of the joint director of the health and family welfare department - vice chairperson, ex officio;(iii) an eminent woman representing women's organisation—member;20(iv) an officer of law department of the state or the union territoryconcerned not below the rank of a deputy secretary—member, ex officio; and(v) an eminent registered medical practitioner—member: provided that any vacancy occurring therein shall be filled within one month of the occurrence of such vacancy;25(b) when appointed for any part of the state or the union territory, the officers of such other rank as the state government or the central government, as the case may be, may deem fit (4) the members of registration authority, other than ex officio members, shall receive only compensatory travelling expenses for attending the meetings of such authority13 the registration authority shall discharge the following functions, namely:—30functions of registration authority(a) to grant, suspend or cancel registration of a clinic or bank; (b) to enforce the standards to be fulfilled by the clinic or bank;(c) to investigate complaints of breach of the provisions of this act, rules and regulations made thereunder and take legal action as per provisions of this act;35(d) to take appropriate legal action against the misuse of assisted reproductivetechnology by any person and also to initiate independent investigations in such matter;(e) to supervise the implementation of the provisions of this act and the rulesand regulations made thereunder;40(f) to recommend to the national board and state boards about the modificationsrequired in the rules and regulations in accordance with changes in technology or social conditions;(g) to take action after investigation of complaints received by it against theassisted reproductive technology clinics or banks; and(h) such other functions as may be prescribed14 (1) the registration authority shall exercise the powers in respect of the following matters, namely:—powers of registration authority(a) summoning of any person who is in possession of any information relatingto violation of the provisions of this act and the rules and regulations made thereunder;5(b) production of any document or material object relating to clause (a); (c) searching of any place suspected to be violating the provisions of this actand the rules and regulations made thereunder; and(d) such other powers as may be prescribed10(2) the registration authority shall maintain the details of registration of assisted reproductive technology clinics and banks, cancellation of registration, renewal of registration, grant of certificates to the commissioning couple and woman or any other matter pertaining to grant of licence and the like of the clinic or bank in such format as may be prescribed and submit the same to the national board chapter iii15 procedures for registration15 (1) no person shall establish any clinic or bank for undertaking assisted reproductive technology or to render assisted reproductive technology procedures in any form unless such clinic or bank is duly registered under this act20(2) every application for registration under sub-section (1) shall be made to the national registry through state board in such form, manner and shall be accompanied by such fees as may be prescribedregistration of assisted reproductive technology clinic or assisted reproductive technology bank(3) every clinic or bank which is conducting assisted reproductive technology, partly or exclusively shall, within a period of sixty days from the date of establishment of the national registry, apply for registration:25provided that such clinics and banks shall cease to conduct any such counselling or procedures on the expiry of six months from the date of commencement of this act, unless such clinics and banks have applied for registration and is so registered separately or till such application is disposed of, whichever is earlier30(4) no clinics or banks shall be registered under this act, unless the registration authority is satisfied that such clinics and banks are in a position to provide such facilities and maintain such equipment and standards including specialised manpower, physical infrastructure and diagnostic facilities as may be prescribedgrant of registration16 (1) on receipt of the application under sub-section (1) of section 15, the registration authority shall within a period of thirty days—35(i) grant registration subject to the provisions of this act and the rules andregulations made thereunder, and provide a registration number to the applicant; or(ii) reject the application for reasons to be recorded in writing, if such application does not conform to the provisions of this act or the rules or regulations made thereunder:40provided that no application shall be rejected unless the applicant has been given an opportunity of being heard in the matter45(2) if the registration authority fails to grant the registration or reject the application, as the case may be, as provided under sub-section (1), the assisted reproductive clinic or bank shall be deemed to have been registered, and the registration authority shall within a period of seven days from the expiry of the said period of thirty days specified under sub-section (1), provide a registration number to the applicant(3) the registration authority shall, within a period of one month of registration being granted under this section, intimate such registration to the state board(4) the state board shall maintain a record of all registrations applied for and granted under this section5(5) no registration shall be granted unless the state board has inspected the premises of the applicant(6) the registration granted under this section shall be valid for a period of five years from the date of registration granted by the registration authorityrenewal of registration1017 the registration granted under section 16, may be renewed for a further period of five years by the registration authority, on an application made by the applicant, under such conditions, in such form and on payment of such fee as may be prescribed:provided that no application for renewal of registration shall be rejected without giving an opportunity of being heard to the applicant15suspension or cancellation of registration18 (1) the registration authority may on receipt of a complaint, issue a notice to the clinic or bank to show cause as to why its registration should not be suspended or cancelled for the reasons mentioned in the notice20(2) if after giving a reasonable opportunity of being heard to the clinic or bank, the registration authority is satisfied that there has been a breach of the provision of this act or the rules or regulations made thereunder or if the data obtained from them periodically do not satisfy the provisions of this act, the rules and regulations made thereunder, it may, without prejudice to any criminal action, suspend its registration for such period as it may deem fit or cancel its registration25(3) on cancellation of registration, a copy of the cancellation letter shall be sent to the respective state board and accordingly the state board shall cancel the registration of such clinics and banksappeal19 the clinic or bank or the commissioning couple or the woman may, within a period of thirty days from the date of receipt of the communication relating to order of rejection of application, suspension or cancellation of registration passed by the registration authority under section 16 or section 18, prefer an appeal against such order to—30(a) the state government, where the appeal is against the order of the registration authority of a state;(b) the central government, where the appeal is against the order of the registration authority of a union territory, in such manner as may be prescribed3520 the national board, the national registry and the state board shall have the power to,—power to inspect premises, etc(i) inspect, any premises relating to assisted reproductive technology; or (ii) call for any document or material, in exercise of their powers and discharge of their functions chapter iv duties of assisted reproductive technology clinic and assisted reproductive technology bank21 the clinics and banks shall perform the following duties, namely:—45(a) the clinics and banks shall ensure that commissioning couple, woman anddonors of gametes are eligible to avail the assisted reproductive technology procedures subject to such criteria as may be prescribed;general duties of assisted reproductive technology clinics and banks(b) the clinics shall obtain donor gametes from the banks and such banks shall ensure that the donor has been medically tested for such diseases as may be prescribed;(c) the clinics shall—5(i) provide professional counselling to commissioning couple and woman about all the implications and chances of success of assisted reproductive technology procedures in the clinic;10(ii) inform the commissioning couple and woman of the advantages, disadvantages and cost of the procedures, their medical side effects, risks including the risk of multiple pregnancy; and(iii) help the commissioning couple or woman to arrive at an informed decision on such matters that would most likely be the best for the commissioning couple;15(d) the clinics shall make commissioning couple or woman, aware of the rights of a child born through the use of assisted reproductive technology;20(e) the clinics and banks shall ensure that information about the commissioning couple, woman and donor shall be kept confidential and the information about treatment shall not be disclosed to anyone except to the database to be maintained by the national registry, in a medical emergency at the request of the commissioning couple to whom the information relates, or by an order of a court of competent jurisdiction;(f) every clinic and every bank shall maintain a grievance cell in respect of matters relating to such clinics and banks and the manner of making a compliant before such grievance cell shall be such as may be prescribed;(g) the clinics shall apply the assisted reproductive technology services,—25(i) to a woman above the legal age of marriage and below the age of fifty years;(ii) to a man above the legal age of marriage and below the age of fifty-five years;30(h) the clinics shall issue to the commissioning couple or woman a discharge certificate stating details of the assisted reproductive technology procedure performed on the commissioning couple or woman;(i) all clinics and banks shall co-operate and make available their premises for physical inspection by the national board, national registry and state boards;(j) all clinics and banks shall provide all information related to—35(i) enrolment of the commissioning couple, woman and gamete donors; (ii) the procedure being undertaken; and (iii) outcome of the procedure, complications, if any, to the national registry periodically, in such manner as may be prescribed22 (1) the clinic shall not perform any treatment or procedure without—40written informed consent(a) the written consent of all the parties seeking assisted reproductive technology;(b) an insurance coverage of such amount and for such period as may be prescribed in favour of the oocyte donor by the commissioning couple or woman from an insurance company or an agent recognised by the insurance regulatory and development authority established under the provisions of the insurance regulatory and development authority act, 1999(2) the clinics and banks shall not cryo-preserve any human embryos or gamete, without specific instructions and consent in writing from all the parties seeking assisted reproductive technology, in case of death or incapacity of any of the parties5(3) the clinic shall not use any human reproductive material, except in accordance with the provisions of this act to create a human embryo or use an in-vitro human embryo for any purpose without the specific consent in writing of all the concerned persons to whom the assisted reproductive technology relates10(4) any of the commissioning couple may withdraw his or her consent under sub-section (1), any time before the human embryos or the gametes are transferred to the concerned woman's uterusexplanation—for the purposes of this section, the expressions—(i) "cryo-preserve" means the freezing and storing of gametes, zygotes and embryos;15(ii) "insurance" means an arrangement by which a company, individual or commissioning couple undertake to provide a guarantee of compensation for specified loss, damage, complication or death of oocyte donor during the process of oocyte retrieval; and(iii) "parties" includes the commissioning couple or woman and the donor23 the duties of clinics and banks while keeping the records relating to such clinics and banks are as under:—20(a) all clinics and banks shall maintain detailed records of all donor oocytes, sperm or embryos used or unused, the manner and technique of their use in such manner as may be prescribed;duties of assisted reproductive technology clinics and banks to keep accurate records25(b) all clinics and banks shall, as and when the national registry is established, submit by online,—(i) all information available with them in regard to progress of the commissioning couple or woman; and30(ii) information about number of donors (sperm and oocyte), screened,maintained and supplied and the like to the national registry within a period of one month from the date of receipt of such information;(c) the records maintained under clause (a) shall be maintained for at least a period of ten years, upon the expiry of which the clinic and bank shall transfer the records to a central database of the national registry:35provided that if any criminal or other proceedings are instituted against any clinics or banks, the records and all other documents of such clinics and banks shall be preserved till the final disposal of such proceedings;(d) in the event of the closure of any clinic or bank before the expiry of theperiod of ten years under clause (c), such clinic and bank shall immediately transferthe records to the central database of the national registry; and40(e) all such records shall, at all reasonable times, be made available for inspectionto the national board or the national registry or the state board or to any other person authorised by the national board in this behalf24 while using human gametes and embryos, the duties to be performed by the clinics and banks shall be as under:—45(a) the clinics shall harvest oocytes in such manner as may be specified byregulations;duties of assisted reproductive technology clinics using human gametes and embryos(b) the number of oocytes or embryos that may be placed in the uterus of awoman during the treatment cycle shall be such as may be specified by the regulations;(c) a woman shall not be treated with gametes or embryos derived from more than one man or woman during any one treatment cycle;(d) a clinic shall never mix semen from two individuals for the procedures specified under this act;5(e) the embryos shall not be split and used for twinning to increase the number of available embryos;(f) the collection of gametes posthumously shall be done only if prior consent of the commissioning couple is available;10(g) the clinic shall not use ovum that are derived from a foetus, in any process of in-vitro fertilisation; and(h) such other duties as may be prescribed explanation—for the purposes of this section, the expression—(i) "fertilisation" means the penetration of the ovum by the spermatozoon and fusion of genetic materials resulting in the development of a zygote; and15(ii) "foetus" means a human organism during the period of its development beginning on the fifty-seventh day following fertilisation and ending at birth or abortion2025 (1) the pre-implantation genetic testing shall be used to screen the human embryo for known, pre-existing, heritable or genetic diseases or for such other purposes as may be prescribedpreimplantation genetic diagnosis(2) the donation of an embryo after pre-implantation genetic diagnosis to an approved research laboratory for research purposes shall be done only-—(a) with the approval of the commissioning couple or woman; and25(b) when the embryo suffers from pre-existing, heritable, life-threatening or genetic diseases (3) the national board may lay down such other conditions as it deems fit in the interests of the pre-implantation genetic testingexplanation—for the purposes of this section, the expression—30(i) "pre-implantation genetic diagnosis" means the genetic diagnosis when one or both genetic parents has a known genetic abnormality and testing is performed on an embryo to determine if it also carries a genetic abnormality; and(ii) "pre-implantation genetic testing" means a technique used to identify genetic defects in embryos created through in-vitro fertilisation before pregnancysex selection3557 of 199426 (1) subject to the provisions of the pre-conception and pre-natal diagnostictechniques (prohibition of sex selection) act, 1994, the clinic shall not offer to provide a couple or woman with a child of a pre-determined sex(2) it is prohibited for anyone to do any act, at any stage, to determine the sex of thechild to be born through the process of assisted reproductive technology to separate, or yield fractions enriched in sperm of x or y variations40(3) a person shall not knowingly provide, prescribe or administer anything that shallensure or increase the probability that an embryo shall be of a particular sex, or that shall identify the sex of an in-vitro embryo, except to diagnose, prevent or treat a sex-linked disorder or disease4527 (1) the screening of gamete donors, the collection, screening and storage of semen; and provision of oocyte donor, shall be done only by a bank registered as an independent entity under the provisions of this actsourcing of gametes by assisted reproductive technology banks(2) the banks shall obtain—(a) semen from males between twenty-one years of age and fifty-five years of age, both inclusive;(b) oocytes from females between twenty-three years of age and thirty-five years of age; and5(c) examine the donors for such diseases, as may be prescribed(3) a bank shall not supply the sperm or oocyte of a single donor to more than one commissioning couple10(4) an oocyte donor shall be an ever married woman having at least one live child of her own with a minimum age of three years and to donate oocytes only once in her life and not more than seven oocyte shall be retrieved from the oocyte donor(5) all unused oocytes shall be preserved by the banks for use on the same recipient, or given for research to an organisations registered under this act after seeking written consent from the commissioning couple15(6) a bank shall obtain all necessary information in respect of a sperm or oocyte donor, including the name, identity and address of such donor, in such manner as may be prescribed, and shall undertake in writing from such donor about the confidentiality of such informationexplanation—for the purposes of this section, the expressions—20(i) "oocyte" means naturally ovulating oocyte in the female genetic tract (ii) "retrieval" means a procedure of removing oocytes from the ovaries of awoman;(iii) "screening" means the genetic test performed on embryos produced through in-vitro fertilisation;2528 (1) the standards for the storage and handling of gametes, gonadal tissues and human embryos in respect of their security, recording and identification shall be such as may be prescribedstorage and handling of human gametes and embryos30(2) the gamete of a donor or embryo shall be stored for a period of not more than ten years and at the end of such period such embryo or gamete shall be allowed to perish or be donated to a research organisation registered under this act for research purposes with the consent of the commissioning couple or individual, in such manner as may be prescribed3529 the sale, transfer or use of gametes, zygotes and embryos, or any part thereof or information related thereto, directly or indirectly to any party within or outside india shall be prohibited except in the case of transfer of own gametes and embryos for personal use with the permission of the national boardrestriction on sale, etc, of human gametes, zygotes and embryosexplanation—for the purposes of this section, the expression "zygote" means the fertilised oocyte prior to the first cell division30 (1) the use of any human gametes and embryos or their transfer to any country outside india for research shall be absolutely prohibitedresearch on human embryo and gametes40(2) the research on human embryos or gametes within india shall be performed insuch manner as may be prescribed4531 (1) the child born through assisted reproductive technology shall be deemed tobe a biological child of the commissioning couple and the said child shall be entitled to all the rights and privileges available to a natural child only from the commissioning couple under any law for the time being in forcerights of child born through assisted reproductive technology(2) a donor shall relinquish all parental rights over the child or children which may be born from his or her gamete chapter v offences and penalties5sex selective assisted reproductive technology32 (1) the clinic, or bank or agent thereof, shall not issue, publish, distribute, communicate or cause to be issued, published, distributed or communicated any advertisement in any manner including internet, regarding facilities of sex selective assisted reproductive technology(2) whoever contravenes the provisions of sub-section (1) shall be punishable with imprisonment for a term which shall not be less than five years but may extend to ten years or with fine which shall not be less than ten lakh rupees but may extend to twenty-five lakh rupees or with both10offences and penalties33 (1) any medical geneticist, gynaecologist, registered medical practitioner or any person shall not—(a) abandon, disown or exploit or cause to be abandoned, disowned or exploited in any form the child or children born through assisted reproductive technology;15(b) sell human embryo or gametes, run an agency, a racket or an organisation for selling, purchasing or trading in human embryos or gametes;(c) import or help in getting imported in whatsoever manner, the human embryos or human gametes;(d) exploit the commissioning couple, woman or the gamete donor in any form;20(e) transfer human embryo into a male person or an animal; (f) sell any human embryo or gamete for the purpose of research; or (g) use any intermediates to obtain gamete donors or purchase gamete donors25(2) whoever contravenes the provisions of clauses (a) to (g) of sub-section (1), shall be punishable with a fine which shall not be less than five lakh rupees but may extend to ten lakh rupees for the first contravention and for subsequent contravention, shall be punishable with imprisonment for a term which shall not be less than eight years but may extend to twelve years and with fine which shall not be less than ten lakh rupees but may extend to twenty lakh rupees3034 whoever contravenes any of the provisions of this act or any rules made thereunder, for which no penalty has been provided in this act shall be punishable as per sub-section (2) of section 33punishmentforcontravention of provisions of act or rules for which no specific punishment is providedcognizance of offences35 (1) no court shall take cognizance of any offence punishable under this act, save on a complaint made by the national board or the state board or by an officer authorised by it35(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 act36 all the offences under this act shall be cognizable and bailableoffences to be cognizable and bailableoffences by clinics or banks4037 (1) where an offence under this act has been committed by any clinic or bank, the executive head of such clinic or bank shall be deemed to be guilty of an offence and shall be liable to be proceeded against and punished accordingly unless he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence5(2) notwithstanding anything contained in sub-section (1), where an offence under this act has been committed by any clinic or bank and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of any officer, other than the executive head of the clinic or bank, such officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly chapter vi miscellaneous1038 (1) the central government may, from time to time issue to the national board, the national registry and the registration authority with respect to the union territory, such directions as it may think necessary in the interest of the sovereignty and integrity of india, security of the state, friendly relation with foreign states, public order, decency or morality15power of central government to issue directions to national board and national registry(2) without prejudice to the foregoing provisions of this act, the national board, the national registry and the registration authority shall, in exercise of its powers or the performance of its functions under this act, be bound by such directions on questions of policy as the central government or the state government, as the case may be, may give in writing to it from time to time:provided that the national board shall, as far as practicable, be given an opportunity to express its views before any direction is given under sub-section (1)20(3) if any dispute arises between the central government and the national board as to whether a question is or is not a question of policy, the decision of the central government shall be final2539 (1) the state government may, from time to time issue to the state board and to the registration authority with respect to the state government such directions as it may think necessary in the interest of the sovereignty and integrity of india, security of the state, friendly relation with foreign states, public order, decency or moralitypower of state government to issue directions to state board, etc30(2) without prejudice to the foregoing provisions of this act, the state board and the registration authority shall, in exercise of its powers or the performance of its functions under this act, be bound by such directions on questions of policy as the state government may give in writing to it from time to time:provided that the state board and the registration authority shall, as far as practicable, be given an opportunity to express its views before any direction is given under sub-section (1)35(3) if any dispute arises between the state government and the state board as towhether a question is or is not a question of policy, the decision of the state government shall be finalpower to search and seize records, etc404540 (1) if the national board, the national registry or the state board has reason tobelieve that an offence under this act has been or is being committed at any facility using assisted reproductive technology, such board or any officer authorised in this behalf may, subject to such rules as may be prescribed, enter and search at all reasonable times with such assistance, if any, as such board or officer considers necessary, such facility using assisted reproductive technology and examine any record, register, document, book, pamphlet, advertisement or any other material object found therein and seize the same, if the said board has reason to believe that it may furnish evidence of the commission of an offence punishable under this act2 of 1974(2) the provisions of the code of criminal procedure, 1973, relating to searches andseizures shall, so far as may be, apply to every search or seizure made under this actprotection of action taken in good faith5041 no suit, prosecution or other legal proceeding shall lie against the centralgovernment or the state government or the national board or the national registry or the state board or the registration authority or any other officer authorised by the centralgovernment or the state government or the national board or the national registry or the state board or the registration authority for anything which is done in good faith or intended to be done in pursuance of the provisions of this act or the rules or regulations made thereunderpower to make rules542 (1) the central government may by notification make rules for 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 other powers and functions of the national board under clause (g) of section 5;10(b) other powers and functions of the state board under clause (b) of sub-section (2) of section 8;(c) the terms of office and other conditions of service of scientific, technical and other employees of the national registry under section 10;15(d) the other functions of the national registry under clause (d) of section 11; (e) the other functions of the registration authority under clause (h) of section 13; (f) the other powers to be exercised by the registration authority under clause (d) of sub-section (1) of section 14;(g) the format for granting of licences to the clinic or bank by the registration authority under sub-section (2) of section 14;20(h) the manner and the form in which an application shall be made for registration and fee payable thereof under sub-section (2) of section 15;(i) the facilities and equipments to be provided and maintained by the clinics and banks under sub-section (4) of section 15;25(j) the conditions, form and fee for application of renewal of the registration of clinic or bank under section 17;(k) the period, the form and manner in which an appeal may be preferred to the state government or the central government under section 19;30(l) the criteria for availing the assisted reproductive technology procedures under clause (a) of section 21;(m) the medical examination of the diseases with respect to which the donor shall be tested under clause (b) of section 21;(n) the manner of making a compliant before a grievance cell and the mechanism adopted by the clinic under clause (f) of section 21;35(o) the manner of providing information by the clinics and banks to the national registry under sub-clause (iii) of clause (j) of section 21;(p) the amount and the period of insurance coverage for oocyte donor under clause (b) of sub-section (1) of section 22;40(q) the manner of maintaining the records by the clinics and banks under clause (a) of section 23;(r) the other duties of clinics under clause (h) of section 24; (s) the other purposes for using of the pre-implantation genetic testing under sub-section (1) of section 25;45(t) examination of the donors by the assisted reproductive technology banks for diseases under clause (c) of sub-section (2) of section 27;(u) the manner of obtaining information in respect of a sperm or oocyte donor by a bank under sub-section (6) of section 27;(v) the standards for the storage and handling of gametes, human embryos in respect of their security, recording and identification under sub-section (1) of section 28;5(w) the manner of obtaining the consent of the commissioning couple or individual for perishing of the gametes of a donor or embryo under sub-section (2) of section 28;(x) research on human embryo under sub-section (2) of section 30; and10(y) the manner of entry and search by the national board, the national registry or the state board or any officer authorised by it under sub-section (1) of section 40power to make regulations43 (1) the national board may, with the prior approval of the central government, by notification make regulations consistent with this act and the rules made thereunder to carry out the provisions of the act;15(2) in particular, and without prejudice to the generality of the foregoing power, such regulations may provide for—(a) the manner of harvesting the oocytes under clause (a) of section 24;(b) the number of oocytes or embryos under clause (b) of section 24; and20(c) any other matter which is required to be, specified by regulations or in respect of which provision is to be made by regulationslaying of rules, regulations and notifications25 3044 every rule or regulation made and notification issued under this act shall be laid, as soon as may be after it is made or issued, 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 rules or regulations or notifications, as the case may be or both houses agree that the rules or regulations or notifications, as the case may be, should not be made or issued, such rules or regulations or notifications, as the case may be, 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 or notification, as the case may beapplication of other laws not barred57 of 1994 23 of 20103545 the provisions of this act shall be in addition to, and not in derogation of, the provisions of the pre-conception and pre-natal diagnostic techniques (prohibition of sex selection) act, 1994 and the clinical establishment (registration and regulation) act, 2010 or of any other law for the time being in forcepower to remove difficulties46 (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 it to be necessary or expedient for removing the difficulty:40provided that no such order shall be made after the expiry of a 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 made, be laid before each house of parliament statement of objects and reasonsassisted reproductive technology (art) has grown by leaps and bounds in the last few years india has highest growths in the art centres and the number of art cycles performed every year assisted reproductive technology including in-vitro-fertilisation, has given hope to a multitude of persons suffering from infertility, but it has also introduced a plethora of legal, ethical and social issues2 india has over the years become one of the major centres of this global fertility industry, with reproductive medical tourism becoming a significant activity clinics in india offer nearly all the art services—gamete donation, intrauterine insemination, in-vitrofertilisation, intra cytoplasmic sperm injection, pre-implantation genetic diagonistic and gestational surrogacy however, in spite of so much activity in india, there is yet no standardisation of protocols and reporting is still very inadequate furthermore, there is no law to regulate art and it is regulated through guidelines3 the need to regulate the assisted reproductive technology services is mainly to protect the affected women and children from exploitation the oocyte donor needs to be supported by an insurance cover multiple embryo implantation needs to be regulated and children born through art need to be protected the cryopreservation of sperm, oocytes and embryo by the art banks need to be regulated and the proposed legislation intends to make pre genetic implantation testing mandatory for the benefit of the child born through assisted reproductive technology4 there is a need to regulate art clinics and banks by establishing the national board, the state boards, the national registry and the state registration authorities for the regulation and supervision of assisted reproductive technology clinics and the assisted reproductive technology banks, for prevention of misuse and for safe and ethical practice of assisted reproductive technology services5 the proposed legislation, namely, the assisted reproductive technology(regulation) bill, 2020 proposes to regulate the assisted reproductive technology services in the country the salient features of the bill are as follows:—(a) to define certain terms like "assisted reproductive technology", "assisted reproductive technology clinic", "commissioning couple", "woman", etc;(b) to provide that the national board and the state board shall be the same board as proposed in the surrogacy bill;(c) to provide that the existing assisted reproductive technology clinics and theassisted reproductive technology banks, as on the date of the enactment of the proposed legislation, conducting assisted reproductive technology procedures partly or exclusively shall make an application to the registration authority within a period of sixty days from the date of establishment of the national registry;(d) to provide that the assisted reproductive technology services shall be available to a woman above the legal age of marriage and below the age of fifty years and a man above the legal age of marriage and below the age of fifty-five years;(e) to provide that an oocyte donor shall be an ever married woman having at least one live child of her own with a minimum age of three years and to donate oocytes only once in her life and not more than seven oocyte shall be retrieved from the oocyte donor;(f) to provide that the assisted reproductive technology clinics shall provide professional counselling to commissioning couple and woman about all the implications and chances of success of assisted reproductive technology procedures in the clinic; and they shall also inform the advantages, disadvantages and cost of the procedures, their medical side effects, risks including the risk of multiple pregnancy and any such other matter as may help the commissioning couple to arrive at an informed decision that would most likely be the best for the commissioning couple and woman;(g) to provide that the assisted reproductive technology clinics and assisted reproductive technology banks shall ensure that commissioning couple, woman and donors of gametes are eligible to avail of assisted reproductive technology procedures;(h) to provide for offences and penalties for the contravention of its provisions6 the notes on clauses explain in detail the various provisions contained in the bill 7 the bill seeks to achieve the above objectivesnew delhi;dr harsh vardhanthe 12th march, 2020 notes on clausesclause 1—this clause relates to short title and commencement of the proposed legislationclause 2—this clause contains the definitions of various expressions used in the proposed legislationclause 3—this clause seeks to provide that the national board to be constituted under sub-section (1) of section 15 of the surrogacy act shall be the national board for the purposes of the proposed legislationclause 4—this clause seeks to provide that subject to the provisions of the proposed legislation and the rules made thereunder, the provisions of the surrogacy act relating to—(i) constitution of the national surrogacy board; (ii) term of office of members of the national board; (iii) meetings of the national board; (iv) vacancies, etc, not to invalidate proceedings of the national board;(v) disqualifications for appointment as member of the national board; (vi) temporary association of persons with the national board for particularpurposes;(vii) authentication of orders and other instruments of the national board; and (viii) eligibility of members of the national board for re-appointment, shall mutatismutandis, apply, so far as may be, in relation to assisted reproductive technology as they apply in relation to surrogacy, as if they are enacted under the proposed legislationclause 5—this clause relates to powers and functions of the national board and seeks to provide that the national board shall exercise and discharge the following powers and functions, namely:—(a) to advise the central government on policy matters relating to the assisted reproductive technology; (b) to review and monitor the implementation of the proposed legislation, rules and regulations made thereunder and recommend to the central government, any suitable changes therein;(c) to lay down code of conduct to be observed by persons working at clinics, to set the minimum standards of physical infrastructure, laboratory and diagnostic equipment and expert manpower to be employed by clinics and banks;(d) to oversee the performance of various bodies constituted under the proposed legislation and take appropriate steps to ensure their effective performance;(e) to supervise the functioning of the national registry and liaison with the state boards;(f) to pass orders as per the provisions made under the proposed legislation; and (g) such other powers and functions as may be prescribed by rulesclause 6—this clause seeks to provide that the state board to be constituted under sub-section (1) of section 24 of the surrogacy act shall be the state board for the purposes of the proposed legislationclause 7—this clause seeks to provide that subject to the provisions of the proposed legislation and the rules made thereunder, the provisions of the surrogacy act relating to—(i) constitution of the state surrogacy board; (ii) composition of the state board; (iii) term of office of members of the state board; (iv) meetings of the state board; (v) vacancies, etc, not to invalidate proceedings of the state board; (vi) disqualifications for appointment as member of the state board; (vii) temporary association of persons with the state board for particular purposes;(viii) authentication of orders and other instruments of the state board; and (ix) eligibility of member of the state board for re-appointment, shall mutatismutandis, apply, so far as may be, in relation to assisted reproductive technology as they apply in relation to surrogacy, as if they are enacted under the proposed legislationclause 8—this clause seeks to provide the powers and functions of the state board, inter alia,—(a) co-ordinate the enforcement and implementation of the policies and guidelines for assisted reproduction; and(b) such other powers and functions as may be prescribed by rulessub-clause (3) of this clause seeks to provide that, in exercise of its functions under the proposed legislation, the state board shall give such directions or pass such orders as directed by the national boardclause 9— this clause seeks to provide for the establishment of the national registry of clinics and banksclause 10—this clause seeks to lay down the composition of the national registry clause 11—this clause seeks to lay down the functions of the national registry clause 12—this clause seeks to provide for the appointment of the registration authorityclause 13—this clause seeks to provide for the functions of the registration authority clause 14—this clause seeks to lay down the powers of the registration authority clause 15—this clause seeks to provide for the registration of the assisted reproductive technology clinic or assisted reproductive technology bankclause 16—this clause seeks to provide for the registration of the assisted reproductive clinic or bankclause 17—this clause seeks to provide for the renewal of the registration granted under clause 16clause 18—this clause seeks to provide for the suspension or cancellation of the registration granted to clinics and banksclause 19—this clause seeks to provide for appeal by the clinic or bank or the commissioning couple or the womanclause 20—this clause lays down the power of the national board, the national registry, the state board and the registration authorityclause 21—this clause lays down the general duties of the assisted reproductive technology clinics and banksclause 22—this clause seeks, inter alia, to provide for the written consent of all the parties seeking assisted reproductive technologyclause 23—this clause seeks to lay down the duties of the assisted reproductive technology clinics and banks to keep accurate recordsclause 24—this clause seeks to lay down the duties of the assisted reproductive technology clinics using human gametes and embryosclause 25—this clause relates to pre-implantation genetic diagnosis sub-clause (1) of this clause seeks to provide that the pre-implantation genetic testing shall be used to screen the human embryo for known, pre-existing, heritable or genetic diseases or for such other purposes as may be prescribed by rulessub-clause (2) of this clause seeks to provide that the donation of an embryo after preimplantation genetic diagnosis to an approved research laboratory for research purposes shall be done only (a) with the approval of the commissioning couple; and (b) when the embryo suffers from pre-existing, heritable, life-threatening or genetic diseasessub-clause (3) of this clause seeks to provide that the national board may lay down such other conditions as it deems fit in the interests of the pre-implantation genetic testingclause 26—this clause seeks to prohibit sex selection clause 27—this clause seeks to provide for the sourcing of gametes by assisted reproductive technology banksclause 28—this clause seeks to provide for the storage and handling of human gametes and embryosclause 29—this clause seeks to provide that the sale, transfer or use of gamets, zygotes and embryos, or any part thereof or information related thereto, directly or indirectly to any party within or outside india shall be prohibited except in the case of transfer of own gamets and embryos for personal use with the permission of the national boardclause 30—this clause seeks to provide for the research on human embryo and gametesclause 31—this clause seeks to provide for the rights of child born through assisted reproductive technologyclause 32—this clause seeks, inter alia, to prohibit the sex selective assisted reproductive technologyclause 33—this clause seeks to provide for the offences and penalties clause 34—this clause seeks to provide for the punishment for contravention of the provisions of the proposed legislation or rules for which no specific punishment is providedclause 35—this clause provides for cognizance of offences clause 36—this clause seeks to provide that all the offences under the proposed legislation shall be cognizable and bailableclause 37—this clause seeks to provide for the offences by clinics or banks clause 38—this clause seeks to lay down the power of the central government to issue directions, inter alia, to the national boardclause 39—this clause seeks to lay down the power of the state government to issue directions, inter alia, to the state boardclause 40—this clause seeks to provide for the power to search and seize records, etcclause 41—this clause seeks to provide for the protection of action taken in good faithclause 42—this clause seeks to empower the central government to make rules for carrying out the provisions of the proposed legislationclause 43—this clause empowers the national board to make regulations consistant with the proposed legislation and the rules made thereunderclause 44—this clause seeks to require that the rules, regulations and notifications made or issued under the proposed legislation shall be laid before parliamentclause 45—this clause seeks to provide that the application of the other laws shall not be barredclause 46—this clause seeks to provide for the power of the central government to remove difficulties financial memorandum the assisted reproductive technology (regulation) bill, 2020 has been proposed for the regulation and supervision of the assisted reproductive technology clinics and the assisted reproductive technology banks, prevention of misuse, safe and ethical practice of assisted reproductive technology services the proposed legislation, is framed in such a manner that it ensures effective regulation with the creation of the national board, national registry, state boards and registration authorities at the centre and state / union-territory level2 clause 3 of the bill provides that the national board to be constituted under sub-section (1) of section 15 of the surrogacy act shall be the national board for the purposes of the proposed legislation3 clause 6 of the bill provides that the state board to be constituted under sub-section (1) of section 24 of the surrogacy act shall be the state board for the purposes of the proposed legislation4 clause 9 of the bill provides that the central government may, by notification, establish for the purposes of the proposed legislation, a registry to be called the national registry of clinics and banks in india5 sub-clause (1) of clause 12 of the bill provides that the central government shall, within a period of ninety days from the date of commencement of the proposed legislation, by notification, appoint one or more registration authorities for each of the union territories for the purposes of the proposed legislation6 sub-clause (iii) of clause 4, sub-clause (iv) of clause 7 and sub-clause (4) of clause 12 of the bill respectively provides that the members of the national board, state board and registration authority, other than ex officio members shall receive only compensatory travelling expenses for attending the meetings7 clause 10 of the bill provides that the national registry referred to in section 9 shall consist of scientific, technical, administrative and supportive staff8 there will not be any financial implications except for the meetings of the national board, the state board, the registration authority and the aforesaid staff of the national registry which will be met out of the regular budget of the central government and the state governments9 the bill does not involve any other expenditure of recurring or non-recurring nature from the consolidated fund of india memorandum regarding delegated legislationclause 42 of the bill seeks to empower the central government to make rules for carrying out the provisions of the proposed legislation in respect of matters, which shall, inter alia, include—(a) the other powers and functions of the national board under clause (g) of section 5; (b) other powers and functions of the state board under clause (b) of sub-section (2) of section 8; (c) the terms of office and other conditions of service of scientific, technical and other employees of the national registry under section 10; (d) the other functions of the national registry under clause (d) of section 11; (e) the other functions of the registration authority under clause (h) of section 13; (f) the other powers to be exercised by the registration authority under clause (d) of sub-section (1) of section 14; (g) the format for granting of licenses to the clinic or bank by the registration authority under sub-section (2) of section 14; (h) the manner and the form in which an application shall be made for registration and fee payable thereof under sub-section (2) of section 15; (i) the facilities and equipments to be provided and maintained by the clinics and banks under sub-section (4) of section 15; (j) the conditions, form and fee for application of renewal of the registration of clinic or bank under section 17; (k) the period, the form and manner in which an appeal may be preferred to the state government or the central government under section 19; (l) the criteria for availing the assisted reproductive technology procedures under clause (a) of section 21; (m) the medical examination of the diseases with respect to which the donor shall be tested under clause (b) of section 21; (n) the manner of making a compliant before a grievance cell and the mechanism adopted by the clinic under clause (f) of section 21; (o) the manner of providing information by the clinics and banks to the national registry under sub-clause (iii) of clause (j) of section 21; (p) the amount and the period of insurance coverage for oocyte donor under clause (b) of sub-section (1) of section 22; (q) the manner of maintaining the records by the clinics and banks under clause (a) of section 23; (r) the other duties of clinics under clause (h) of section 24; (s) the other purposes for using of the pre-implantation genetic testing under sub-section (1) of section 25; (t) examination of the donors by the assisted reproductive technology banks for diseases under clause (c) of sub-section (2) of section 27; (u) the manner of obtaining information in respect of a sperm or oocyte donor by a bank under sub-section (6) of section 27; (v) the standards for the storage and handling of gametes, human embryos in respect of their security, recording and identification under sub-section (1) of section 28; (w) the manner of obtaining the consent of the commissioning couple or individual for perishing of the gametes of a donor or embryo under sub-section (2) of section 28; (x) research on human embryo under sub-section (2) of section 30; (y) the manner of entry and search by the national board, the national registry or the state board or any officer authorised by it under sub-section (1) of section 402 clause 43 of the bill seeks to empower the national board, with the prior approval of the central government, by notification, to make regulations consistent with the proposed legislation and the rules made thereunder to provide for-- (a) the manner of harvesting the oocytes under clause (a) of section 24; (b) the number of oocytes or embryos under clause (b) of section 24; and (c) any other matter which is required to be, specified by regulations or in respect of which provision is to be made by regulations3 the matters in respect of which the aforementioned rules and regulations 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———— a billfor the regulation and supervision of the assisted reproductive technology clinics and the assisted reproductive technology banks, prevention of misuse, safe and ethical practice of assisted reproductive technology services and for matters connected therewith or incidental thereto————(dr harsh vardhan, minister of health and family welfare) | Parliament_bills | e6dbb07e-90bb-50e4-bc20-e44300f18d7f |
bill no 106 of 2018 the indian easements (amendment) bill, 2018 bydr kirit premjibhai solanki, mpa billto amend the indian easements act, 1882be it enacted by parliament in the sixty-ninth year of the republic of india as follows:—1 (1) this act may be called the indian easements (amendment) act, 2018short title and commencement(2) it shall come into force on such date as the central government, may by notificationin the official gazette, appointact), in the illustrations—(a) illustration (g) shall be omitted; and (b) for illustration (j), the following illustrations shall be substituted, namely:—5"(j) the right of every owner of land abutting on a natural stream, lake or pond to use and consume its water for drinking, household purposes and watering his cattle and sheep; and the right of every such owner to use and consume the water for irrigating such land:10provided that the use of water from such natural stream, lake or pond as well as any existing aquifer, well or mechanized tube-well shall be regulated by the concerned gram sabha or municipality, as the case may be, under whose territorial jurisdiction it falls to ensure the equitable distribution of water to all and prevent the depletion of the groundwater table or over-extraction of groundwater''explanation— for the purposes of this illustration,—(a) "aquifer" refers to the rocks in which groundwater is stored;15(b) "gram sabha" shall have the same meaning as assigned to it under article 243of the constitution;(c) "municipality" shall have the same meaning as assigned to it under article 243p of the constitution; and(d) "natural stream" means a stream, whether permanent or intermittent, tidal or tideless, on the surface of land or underground, which flows by the operation of nature only and in a natural and known course20(ja) the right to construct new wells or tube wells shall be regulated by the concerned gram sabha or municipality, as the case may be 3 after section 7 of the principal act, the following sections shall be inserted, namely:—insertion of new sections 7a and 7b25power of state government to make rules''7a the state government concerned may, by notification, make rules consistent with the existing laws on the use and regulation of groundwater to ensure equitable distribution of groundwater and prevent the depletion of the water table307b the gram sabha or municipality, as the case may be, may formulate the regulations to ensure equitable distribution of water and prevent depletion of the water table under their territorial jurisdiction"power of gram sabha or municipality to make regulations statement of objects and reasonsthe indian easements act, 1882 is a pre-independence legislation that is based on the principle that ownership of groundwater flows from the ownership of land section 7 (g) of the act provides every landowner with the right to collect and dispose, within his own limits, all water under the land and on the surface this private ownership of groundwater has led to its unregulated use, which has resulted in over extraction of water and a depletion of the water table it has been found that nearly sixty per cent of all districts in india face issues related to either the availability of groundwater, or the quality of groundwater, or bothfurthermore, the legal consequences of this pre-independence legislation are not just that the landowner can dig wells and extract water at his or discretion, but also the fact that this legal framework inadvertently excludes more than thirty per cent of' the population that do not own land and hence, are excluded from groundwater rights in this context, it must be noted that the supreme court and various high courts have evolved a fundamental right to water as a part of 'right to life' under article 21 of the constitutionsince independence, several policy postures of the central government have addressed this issue both the national water policy, 2012 as well as the planning commission report on ground water management and ownership, 2007 came out in support of a 'public trust doctrine' for groundwater management this means that the government should be the ultimate guardian of all natural resources, including groundwater, to prevent over-extraction and ensure equitable distributionsince, 'water' falls under the state list of the seventh schedule to the constitution, it is the prerogative of the state legislative assemblies to amend or enact laws pertaining to ground water management and regulation that are in line with the public trust doctrine, as set out under this acthence this billnew delhi;kirit premjibhai solankijanuary 5, 2018 memorandum regarding delegated legislationclause 3 of the bill empowers the state governments to make rules to ensure equitable distribution of groundwater it also empowers the gram sabha and the municipalities to make regulations regarding the management of groundwater as the rules and regulations will relate to matters of detail only, the delegation of legislative power is of normal nature annexure extract from the indian easements act, 1882 [5 of 1882] 7 easements are restrictions of one or other of the following rights (namely):—(a) easement for limited time or on condition(g) the right of every owner of land to collect and dispose within his own limits of all water under the land which does not pass in a defined channel and all water on its surface which does not pass in a defined channel (j) the right of every owner of land abutting on a natural stream, lake or pond to use and consume its water for drinking, household purposes and watering his cattle and sheep; and the right of every such owner to use and consume the water for irrigating such land, and for the purposes of any manufactory situated thereon, provided that he does not thereby cause material injury to other like owner ————— a billto amend the indian easements act, 1882—————mgipmrnd—289ls(s3)—08-06-2018 | Parliament_bills | 70bbb331-c3c2-50bf-8281-172df32621e5 |
_ no of 1'14 the· punjab state legislature (delegation of powers) bill, 1984 a billto center on ~he president the 'power of the legislature of the state af punjab th make laws b& it enacted by par1iament in:the thirty-fifth year of the republic of india as follows:-, 1 this act may be called the pwlj8ib state legislature (delegation of short powers) act, 1984 title 5 2 in this act, "proclamation" means the proclamation issued on the 6th day of october, 1983 under article '356 of the constitution by the president, and published with; the" notification of the gove~ent of india in the ministry of home affairs, 'no gsr 7s3(e) of the said date ro 3 (1) the power' of the legislature of the state of punjab to make laws, which has been d~lared by 1rhe proclamation to be exercisable by or ~der the authority of paruament, is hereby conferred on the president (2) in the exercise of the said power, the president may, from time r 5 to time, whether parham_t is or is dot in session, enact, as a president's act, a bui coataiding such provisions as he considers decessary: pro wore ediidbie ad)' idda act, the president sha09 ' whenever he considers it practicable to do so, consult a committee 'confermenton the president of the power of the state legislature to make jawl ~oiistitated forth purpose, ~istjdg of thirty members of the house of the people nominated by the' speaker and fttteed members of the couneq of states nomidated by the chairman (3) every act enac~ by t1ie president under sub-section (2) shall, as soon as may be after enactment, be laid before each house of parli&-mento ' 5 (4) either house of pa11liament may, by! resolution passed wfthin thirty days from the date on which the act has been laid before 1t unde,r suh-6ection (3), which period may be comprised in one session or in two suecessive sessions, direct any modifications to be made in the ad and if the modifications are agreed to by the other house of paruament 10 during 'the session in which tae act baa been so laid before it ql" the session succeeding, such modifications shah be given effect to by the president by enacting an amending act under sub-section (2): provided that nothing in thi$ sub-section shall affect the validity of the act or of any action taken thereundert befo~ it is so az:nended '5 statement of objects and reasonsunder the proclamation iss~d by the president on ,the 6th october, 1983, the powers of the legislature of the state of punjab are now ej(ercisable by or under the, authority of parliament such legislative measures as may be nece8j81'y for that state can he taken up by parliament only! by postponing its business; 81ld even ; then, it is likely that parliament may not have time to deal with all ~e 1egialativ~ measw'8s for ,the state it, is, thereh'e" pro~ that paruame~t should,' in accordance with the provisions of su1>-clause (a) of clause (1) of! flrlicie 357 of the constitution, confer by law on the president the powers of the legislature of the state of punjab to make laws for the state the present bm is intended to give eft'ect to this proposal p c'sethi new dilhi; i the 21st april, 19m prfsident's recommendation under article 117 of the' constittition of india[copy of letter no v/uoi5i/3/83-csr, dated the 21st april, 1984 from shrl p c· sethi, minister of home mairs to the secre11ary-general, lok sabha] the president, having been informed of the subj~ct matter of the punjab state legislature (delegation of powers) bill, 1984, reconunends under clau_ (3) of article 117 of the constitution of india, the conside ratif'n of the bill in lot sabha the proviso to sub-clause (2) of clause 3 of the bill provides for the constitution of a committee for consultation regarding president's acts, consisting of 30 members of the house of 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 trom the cozl8ou-dated fund of india this committee will meet as and when necessary the expenditure is no~ expected to be large and is not likely to exceed rs, 135 lakh during the period the proclamation remains in force the ,bill, if enacted, wul not involve any non-recurring expenditure i:· memorandum regarding delegated legislationthe powel' of the legislature of the state of punjab to make laws, which has been declared by the proclam1tion issued under article 356 of the constitution in respect of that state on 6th october, 1983 to be exercisable by or under the authority of parliament, is sought to be c:onferred on the president under article 357 (1) (a) of the constitution before exeu'cising the aforesaid power, the president is required, whenever he considers it practicable to do so, to consult a committee oil members of paruament constituted for the purpose in accordance with the provisions of the proviso to sub-clause (2) of clause 3 any act enacted by the president in exercise of the aforesaid power is required to be laid befo~e 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 leglslative measures that may;be required in respect of the state of punjab under the exceptional circumstances arising out of the issue of a pfoc1amation under article 35601 the constitution, this delegation of legislative power is limited to the period when the afore--said proclamation 'dated 6th october, 1983, will continue to be in force to the extent that it has been usual for parliament to' confer on the president ~ch legislative powers, it can be regarded as ola normal character a ' 11,:1 bfil to confer on the president the power of the legislature of the state of punjab to make laws (shri p c sethi, minister of home affairs) | Parliament_bills | 7d952d6c-8e93-5224-a562-3050f052ab7c |
bill no xli of 2014 the constitution (amendment) bill, 2014 a billfurther to amend the constitution of indiabe it enacted by parliament in the sixty-fifth year of the republic of india as follows:—1 (i) this act may be called the constitution (amendment) act, 2014 1 (ii) it shall come into force at onceshort title and commencement amendment of article 31a2 in article 31a of the constitution in clause (1) after the second proviso, the following proviso shall be inserted, namely:—510"provided also that no agricultural land shall be acquired by the state except for public utilities such as highways, roads, bridges, dams, airports, railway lines and stations and any acquisition of agricultural land for the purposes other than referred herein and in particular for promoting private entrepreneur or private corporate venture shall be void abinitio" statement of objects and reasonsof late, the agricultural land belonging to poor farmers in various parts of the country is being acquired by the state governments by paying poor compensation for promoting special economic zones (sezs) be private entrepreneurs or promoting private sector corporate enterprises setting up power plants, manufacturing of cars, engineering goods, etc this has agitated the poor farmers and in some parts they have revolted and have become violent in protest against the acquisition of their land, which is the only source of their livelihood in order to curb them, the state governments have resorted to arrest, lathi charge and even firing, killing many innocent farmers no doubt, the state can acquire land for public utilities like highways, roads, bridges, dams, airports, railway lines and stations but acquiring land for private entrepreneurs is not the responsibility of the state the private entrepreneurs can well effort the land price and they can purchase the land directly from its owners at agreed price but no land should forcibly be acquired for private ventures by the statehence, this billnarendra kumar kashyap annexure extracts from the constitution of india article 31a: saving of laws providing for acquisition of estates, etc(1) notwithstanding anything contained in article 13, no law providing for—(a) the acquisition by the state of any estate or of any rights therein or the extinguishment or modification of any such rights, or(b) the taking over of the management of any property by the state for a limited period either in the public interest or in order to secure the proper management of the property, or(c) the amalgamation of two or more corporations either in the public interest or in order to secure the proper management of any of the corporations, or(d) the extinguishment or modification of any rights of managing agents, secretaries and treasurers, managing directors, directors or managers of corporations, or of any voting rights of shareholders thereof, or(e) the extinguishment or modification of any rights accruing by virtue of any agreement, lease or licence for the purpose of searching for, or winning, any mineral or mineral oil, or the premature termination or cancellation of any such agreement, lease or licence, shall be deemed to be void on the ground that it is inconsistent with, or takes away or abridges any of the rights conferred by article 14 or article 19:provided that where such law is a law made by the legislature of a state, the provisions of this article shall not apply thereto unless such law, having been reserved for the consideration of the president has received his assent:provided further that where any law makes any provision for the acquisition by the state of any estate and where any land comprised therein is held by a person under his personal cultivation, it shall not be lawful for the state to acquire any portion of such land as is within the ceiling limit applicable to him under any law for the time being in force or any building or structure standing thereon or appurtenant thereto, unless the law relating to the acquisition of such land, building or structure, provides for payment of compensation at a rate which shall not be less than the market value thereof a billfurther to amend the constitution of india————(shri narendra kumar kashyap, mp)gmgipmrnd—4853rs(s-3)—27022015 | Parliament_bills | 47deb6a9-4cad-5203-8897-d1872038efff |
statement of objects and reasonsprosper only when employees are also involved in its affairs the bill seeks to provide for compulsory participation of workers in management of every enterprise new delut; anandrao vithoba adsul july 25, 2000 memorandum regarding delegated legislationclause 12 of the bill empowers the central government to make rules for carrying out the purposes of this bill as the matters will be of administrative detail only, the delegation of legislative power is of a normal character | Parliament_bills | df39066e-fdc8-5455-9225-d01728e69cf0 |
bill no 111 of 2013 the securities laws (amendment) bill, 2013 a billfurther to amend the securities and exchange board of india act, 1992, the securities contracts (regulation) act, 1956 and the depositories act, 1996 be it enacted by parliament in the sixty-fourth year of the republic of india as follows:– chapter i preliminary chapter ii amendments to the securities and exchange board of india act, 1992amendment of section 1115 of 19922 in section 11 of the securities and exchange board of india act, 1992 (hereafter in this chapter referred to as the principal act),––(i) in sub-section (2),—5(a) for clause (ia), the following clause shall be substituted, namely:––10"(ia) calling for information and records from any person including any bank or any other authority or board or corporation established or constituted by or under any central or state act which, in the opinion of the board, shall be relevant to any investigation or inquiry by the board in respect of any transaction in securities;"; (b) after clause (ia), the following clause shall be inserted and shall be deemed to have been inserted with effect from the 6th day of march, 1998, namely:––15"(ib) calling for information from, or furnishing information to, other authorities, whether in india or outside india, having functions similar to those of the board, in the matters relating to the prevention or detection of violations in respect of securities laws, subject to the provisions of other laws for the time being in force in this regard:20 provided that the board, for the purpose of furnishing any information to any authority outside india, may enter into an arrangement or agreement or understanding with such authority with the prior approval of the central government;"; (ii) after sub-section (4), the following sub-section shall be inserted, namely:––2542 of 1956 22 of 1996"(5) the amount disgorged, pursuant to a direction issued, under section11b or section 12a of the securities contracts (regulation) act, 1956 or section 19 of the depositories act, 1996, as the case may be, shall be credited to the investor protection and education fund established by the board and such amount shall be utilised by the board in accordance with the regulations made under this act"303 in section 11aa of the principal act,—(i) in sub-section (1) —amendment of section 11aa(a) after the word, brackets and figure "sub-section (2)", the words, brackets, figure and letter "or sub-section (2a)" shall be inserted;35(b) the following proviso shall be inserted, namely:– "provided that any pooling of funds under any scheme or arrangement, which is not registered with the board or is not covered under sub-section (3), involving a corpus amount of one hundred crore rupees or more shall be deemed to be a collective investment scheme";40(ii) in sub-section (2), in the opening portion, for the word "company", the word"person" shall be substituted; (iii) after sub-section (2), the following sub-section shall be inserted, namely:–"(2a) any scheme or arrangement made or offered by any person satisfying the conditions as may be specified in accordance with the regulations made under this act";45(iv) in sub-section (3),––(a) after the word, brackets and figure "sub-section (2)", the words, brackets, figure and letter "or sub-section (2a)" shall be inserted;(b) after clause (viii), the following clause shall be inserted, namely:—5"(ix) such other scheme or arrangement which the central government may, in consultation with the board, notify,"4 in section 11b of the principal act, the following explanation shall be inserted, namely:––amendment of section 11b10"explanation––for the removal of doubts, it is hereby declared that the power to issue directions under this section shall include and always be deemed to have been included the power to direct any person, who made profit or averted loss by indulging in any transaction or activity in contravention of the provisions of this act or regulations made thereunder, to disgorge an amount equivalent to the wrongful gain made or loss averted by such contravention" 5 in section 11c of the principal act,—15(i) for sub-section (8), the following sub-section shall be substituted, namely:–amendment of section 11c'(8) where in the course of an investigation, the investigating authority has reason to believe that any person or enterprise, as the case may be, to whom a notice under sub-section (3) has been issued or might be issued,—20(a) has omitted or failed to provide the information or produce documents as required in the notice; or(b) would not provide the information or produce documents which shall be useful for, or relevant to, the investigation; or(c) would destroy, mutilate, alter, falsify or secrete the information or documents useful for, or relevant to, the investigation,25then, the chairman may, after being satisfied that it is necessary to do so, authorise the investigating authority or any other officer of the board (the officer so authorised in all cases being hereinafter referred to as the authorised officer), to—30(i) enter and search, with such assistance, as may be required, the building, place, vessel, vehicle or aircraft where such information or documents are expected or believed to be kept;(ii) break open the lock of any door, box, locker, safe, almirah or other receptacle for exercising the powers conferred by sub-clause (i), where the keys thereof are not available;35(iii) search any person who has got out of, or is about to get into, or is in,the building, place, vessel, vehicle or aircraft, if the authorised officer has reason to suspect that such person has secreted about his person any such books of account or other documents;40| (iv) ||-----------------------------------------------------------------------------------|| books of account or other documents, maintained in the form of electronic record, || to provide the authorised officer the necessary facility to inspect such books of || account or other documents |explanation—for the purposes of this sub-clause, the expression"electronic record" shall have the meaning assigned to it in clause (t) of subsection (1) of section 2 of the information technology act, 200021 of 200045(v) seize any such books of account or other documents found as a resultof such search;(vi) place marks of identification on any books of account or other documents or make or cause to be made extracts or copies therefrom;5(vii) record on oath the statement of any person who is found to be in possession or in control of the information or documents referred to in subclauses (i), (iii) and (iv)';(ii) for sub-section (9), the following sub-section shall be substituted, namely:—10"(9) the board may make regulations in relation to any search or seizure under this section; and in particular, without prejudice to the generality of the foregoing power, such regulations may provide for the procedure to be followed by the authorised officer––(a) for obtaining ingress into any building, place, vessel, vehicle or aircraft to be searched where free ingress thereto is not available; (b) for ensuring safe custody of any books of account or other documents or assets seized";15(iii) in sub-section (10), the words "and inform the magistrate of such return"shall be omitted 6 after section 15ja of the principal act, the following section shall be inserted and shall be deemed to have been inserted with effect from the 20th day of april, 2007, namely:—insertion of new section 15jb20settlement of administrative and civil proceedings"15jb (1) notwithstanding anything contained in any other law for the time being in force, any person, against whom any proceedings have been initiated or may be initiated under section 11, section 11b, section 11d, sub-section (3) of section 12 or section 15-i, may file an application in writing to the board proposing for settlement of the proceedings initiated or to be initiated for the alleged defaults25(2) the board may, after taking into consideration the nature, gravity and impact of defaults, agree to the proposal for settlement, on payment of such sum by the defaulter or on such other terms as may be determined by the board in accordance with the regulations made under this act(3) the settlement proceedings under this section shall be conducted in accordance with the procedure specified in the regulations made under this act30 (4) no appeal shall lie under section 15t against any order passed by the board or adjudicating officer, as the case may be, under this section" 7 in section 15t of the principal act, sub-section (2) shall be omittedamendment of section 15t8 in section 26 of the principal act, sub-section (2) shall be omittedamendment of section 269 after section 26 of the principal act, the following sections shall be inserted, namely:—insertion of new sections 26a, 26b, 26c, 26d and 26e35establishment of special courts"26a (1) the central government may, for the purpose of providing speedy trial of offences under this act, by notification, establish or designate as many special courts as may be necessary(2) a special court shall consist of a single judge who shall be appointed by the central government with the concurrence of the chief justice of the high court within whose jurisdiction the judge to be appointed is working40(3) a person shall not be qualified for appointment as a judge of a special court unless he is, immediately before such appointment, holding the office of a sessions judge or an additional sessions judge, as the case may be2 of 1974offences triable by special courts526b notwithstanding anything contained in the code of criminal procedure,1973, all offences under this act committed prior to the date of commencement of the securities laws (amendment) act, 2013 or on or after the date of such commencement, shall be taken cognizance of and triable by the special court established for the area in which the offence is committed or where there are more special courts than one for such area, by such one of them as may be specified in this behalf by the high court concernedappeal and revision2 of 19741026c the high court may exercise, so far as may be applicable, all the powersconferred by chapters xxix and xxx of the code of criminal procedure, 1973 on a high court, as if a special court within the local limits of the jurisdiction of the high court were a court of session trying cases within the local limits of the jurisdiction of the high court2 of 197415application of code to proceedings before special court26d (1) save as otherwise provided in this act, the provisions of the code ofcriminal procedure, 1973 shall apply to the proceedings before a special court and for the purposes of the said provisions, the special court shall be deemed to be a court of session and the person conducting prosecution before a special court shall be deemed to be a public prosecutor within the meaning of clause (u) of section 2 of the code ofcriminal procedure, 197320(2) the person conducting prosecution referred to in sub-section (1) shouldhave been in practice as an advocate for not less than seven years or should have held a post, for a period of not less than seven years, under the union or a state, requiring special knowledge of lawtransitional provisions2526e any offence committed under this act, which is triable by a special courtshall, until a special court is established, be taken cognizance of and tried by a court of session exercising jurisdiction over the area, notwithstanding anything contained in the code of criminal procedure, 1973:2 of 19742 of 1974provided that nothing contained in this section shall affect the powers of thehigh court under section 407 of the code of criminal procedure, 1973 to transfer any case or class of cases taken cognizance by a court of session under this section''3010 after section 28 of the principal act, the following section shall be inserted, namely:–insertion of new section 28arecovery of amounts35'28a (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:—(a) attachment and sale of the person's movable property; (b) attachment of the person's bank accounts;40(c) attachment and sale of the person's immovable property; (d) arrest of the person and his detention in prison; (e) appointing a receiver for the management of the person's movable andimmovable properties,4543 of 1961and for this purpose, the provisions of sections 221 to 227, 228a, 229, 232, the second and third schedules to the income-tax act, 1961 and the income-tax (certificate proceedings) rules, 1962, as in force from time to time, in so far as may be, apply with necessary modifications as if the said provisions and the rules made thereunder were the provisions of this act and referred to the amount due under this act instead of to income-tax under the income-tax act, 19615 10explanation 1—for the purposes of this sub-section, the person's movable or immovable property or monies held in bank accounts shall include any property or monies held in bank accounts which has been transferred directly or indirectly on or after the date when the amount specified in certificate had become due, by the person to his spouse or minor child or son's wife or son's minor child, otherwise than for adequate consideration, and which is held by, or stands in the name of, any of the persons aforesaid; and so far as the movable or immovable property or monies held in bank accounts so transferred to his minor child or his son's minor child is concerned, it shall, even after the date of attainment of majority by such minor child or son's minor child, as the case may be, continue to be included in the person's movable or immovable property or monies held in bank accounts for recovering any amount due from the person under this act43 of 196115explanation 2––any reference under the provisions of the second and third schedules to the income-tax act, 1961 and the income-tax (certificate proceedings) rules, 1962 to the assessee shall be construed as a reference to the person specified in the certificate43 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 act20(2) the recovery officer shall be empowered to seek the assistance of the local district administration while exercising the powers under sub-section (1)25(3) notwithstanding anything contained in any other law for the time being in force, the recovery of amounts by a recovery officer under sub-section (1), pursuant to noncompliance with any direction issued by the board under section 11b, shall have precedence over any other claim against such person(4) for the purpose of sub-sections (1), (2) and (3), the expression "recovery officer"means any officer of the board who may be authorised, by general or special order in writing, to exercise the powers of a recovery officer'11 in section 30 of the principal act, in sub-section (2),––amendment of section 30(i) after clause (c), the following clauses shall be inserted, namely:–30"(ca) the utilisation of the amount credited under sub-section (5) of section11;(cb) the fulfilment of other conditions relating to collective investment scheme under sub-section (2a) of section 11aa;35(cc) the procedure to be followed by the authorised officer for search or seizure under sub-section (9) of section 11c;"; (ii) after clause (d), the following clauses shall be inserted, namely:––40"(da) the terms determined by the board for settlement of proceedings under sub-section (2) and the procedure for conducting of settlement proceedings under sub-section (3) of section 15jb;(db) any other matter which is required to be, or may be, specified by regulations or in respect of which provision is to be made by regulations"12 after section 34 of the principal act, the following section shall be inserted, namely:–insertion of new section 34avalidation of certain acts45"34a any act or thing done or purporting to have been done under the principal act, in respect of calling for information from, or furnishing information to, other authorities, whether in india or outside india, having functions similar to those of the board and in respect of settlement of administrative and civil proceedings, shall, for all purposes, be deemed to be valid and effective as if the amendments made to the principal act had been in force at all material times" chapter iii amendments to the securities contracts (regulation) act, 195613 in section 12a of the securities contracts (regulation) act, 1956 (hereafter in this chapter referred to as the principal act), the following explanation shall be inserted, namely:—42 of 1956amendment of section12a5 10"explanation––for the removal of doubts, it is hereby declared that power to issue directions under this section shall include and always be deemed to have been included the power to direct any person, who made profit or averted loss by indulging in any transaction or activity in contravention of the provisions of this act or regulations made thereunder, to disgorge an amount equivalent to the wrongful gain made or loss averted by such contravention"14 after section 23j of the principal act, the following section shall be inserted and shall be deemed to have been inserted with effect from the 20th day of april, 2007, namely:–| insertion | of ||--------------|---------|| new | section || 23ja | |15settlement of administrative and civilproceedings"23ja (1) notwithstanding anything contained in any other law for the time being in force, any person, against whom any proceedings have been initiated or may be initiated under section 12a or section 23-i, may file an application in writing to the board proposing for settlement of the proceedings initiated or to be initiated for the alleged defaults2015 of 1992(2) the board may, after taking into consideration the nature, gravity and impact of defaults, agree to the proposal for settlement, on payment of such sum by the defaulter or on such other terms as may be determined by the board in accordance with the regulations made under the securities and exchange board of india act, 199215 of 1992(3) for the purpose of settlement under this section, the procedure as specified by the board under the securities and exchange board of india act, 1992 shall apply25(4) no appeal shall lie under section 23l against any order passed by the board or the adjudicating officer, as the case may be, under this section" 15 after section 23ja of the principal act as so inserted, the following section shall be inserted, namely:––insertion of new section 23jbrecovery of amounts30'23jb (1) if a person fails to pay the penalty imposed by the adjudicating officer or fails to comply with a direction of disgorgement order issued under section 12a 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:—(a) attachment and sale of the person's movable property;35(b) attachment of the person's bank accounts; (c) attachment and sale of the person's immovable property; (d) arrest of the person and his detention in prison;40(e) appointing a receiver for the management of the person's movable and immovable properties,43 of 196145and for this purpose, the provisions of sections 221 to 227, 228a, 229, 232, the second and third schedules to the income-tax act, 1961 and the income-tax (certificate proceedings) rules, 1962, as in force from time to time, in so far as may be, apply with necessary modifications as if the said provisions and the rules thereunder were the provisions of this act and referred to the amount due under this act instead of to income-tax under the income-tax act, 19615 10explanation 1— for the purposes of this sub-section, the person's movable or immovable property or monies held in bank accounts shall include any property or monies held in bank accounts which has been transferred, directly or indirectly on or after the date when the amount specified in certificate had become due, by the person to his spouse or minor child or son's wife or son's minor child, otherwise than for adequate consideration, and which is held by, or stands in the name of, any of the persons aforesaid; and so far as the movable or immovable property or monies held in bank accounts so transferred to his minor child or his son's minor child is concerned, it shall, even after the date of attainment of majority by such minor child or son's minor child, as the case may be, continue to be included in the person's movable or immovable property or monies held in bank accounts for recovering any amount due from the person under this act43 of 196115explanation 2–– any reference under the provisions of the second and third schedules to the income-tax act, 1961 and the income-tax (certificate proceedings) rules, 1962 to the assessee shall be construed as a reference to the person specified in the certificate43 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 23l of this act20(2) the recovery officer shall be empowered to seek the assistance of the local district administration while exercising the powers under sub-section (1)(3) notwithstanding anything contained in any other law for the time being in force, the recovery of amounts by a recovery officer under sub-section (1), pursuant to non—compliance with any direction issued by the board under section 12a, shall have precedence over any other claim against such person25(4) for the purposes of sub-sections (1), (2) and (3), the expression "recovery officer" means any officer of the board who may be authorised, by general or special order in writing to exercise the powers of a recovery officer' 16 in section 26 of the principal act, sub-section (2) shall be omittedamendment to section 263017 after section 26 of the principal act, the following sections shall be inserted, namely:—insertion of new sections 26a, 26b, 26c, 26d and 26eestablishment of specialcourts"26a (1) the central government may, for the purpose of providing speedy trial of offences under this act, by notification, establish or designate as many special courts as may be necessary35(2) a special court shall consist of a single judge who shall be appointed by the central government with the concurrence of the chief justice of the high court within whose jurisdiction the judge to be appointed is working(3) a person shall not be qualified for appointment as a judge of a special court unless he is, immediately before such appointment, holding the office of a sessions judge or an additional sessions judge, as the case may be402 of 1974offences triable by special courts4526b notwithstanding anything contained in the code of criminal procedure,1973, all offences under this act committed prior to the date of commencement of the securities laws (amendment) act , 2013 or on or after the date of such commencement, shall be taken cognizance of and triable by the special court established for the area in which the offence is committed or where there are more special courts than one for such area, by such one of them as may be specified in this behalf by the high court concernedappeal and revision2 of 197426c the high court may exercise, so far as may be applicable, all the powersconferred by chapters xxix and xxx of the code of criminal procedure, 1973 on a high court, as if a special court within the local limits of the jurisdiction of the high court were a court of session trying cases within the local limits of the jurisdiction of the high court52 of 1974application of code to proceedings before special court1026d (1) save as otherwise provided in this act, the provisions of the code ofcriminal procedure, 1973 shall apply to the proceedings before a special court and for the purposes of the said provisions, the special court shall be deemed to be a court of session and the person conducting prosecution before a special court shall be deemed to be a public prosecutor within the meaning of clause (u) of section 2 of the code ofcriminal procedure, 197315(2) the person conducting prosecution referred to in sub—section (1) shouldhave been in practice as an advocate for not less than seven years or should have held a post, for a period of not less than seven years, under the union or a state, requiring special knowledge of lawtransitional provisions26e any offence committed under this act, which is triable by a special courtshall, until a special court is established, be taken cognizance of and tried by a court of session exercising jurisdiction over the area, notwithstanding anything contained in the code of criminal procedure, 1973:2 of 197420provided that nothing contained in this section shall affect the powers of the highcourt under section 407 of the code to transfer any case or class of cases taken cognizance by a court of session under this section"18 after section 31 of the principal act, the following section shall be inserted, namely:–insertion of new section 32 validation of certain acts25"32 any act or thing done or purporting to have been done under the principalact, in respect of settlement of administrative and civil proceedings, shall, for all purposes, be deemed to be valid and effective as if the amendments made to the principal act had been in force at all material times" chapter iv amendments to the depositories act, 19963022 of 1996amendment of section 1919 in section 19 of the depositories act, 1996 (hereafter in this chapter referred to asthe principal act), the following explanation shall be inserted, namely:––35"explanation––for the removal of doubts, it is hereby declared that power toissue directions under this section shall include and always be deemed to have been included the power to direct any person, who made profit or averted loss by indulging in any transaction or activity in contravention of the provisions of this act or regulations made thereunder, to disgorge an amount equivalent to the wrongful gain made or loss averted by such contravention"20 after section 19-i of the principal act, the following section shall be inserted and shall be deemed to have been inserted with effect from the 20th day of april, 2007, namely:—insertion of new section 19-ia40settlement of administrative and civil proceedings"19-ia (1) notwithstanding anything contained in any other law for the timebeing in force, any person, against whom any proceedings have been initiated or may be initiated under section 19 or section 19h, as the case may be, may file an application in writing to the board proposing for settlement of the proceedings initiated or to beinitiated for the alleged defaults4515 of 1992(2) the board may, after taking into consideration the nature, gravity and impactof defaults, agree to the proposal for settlement, on payment of such sum by the defaulter or on such other terms as may be determined by the board in accordance with the regulations made under the securities and exchange board of india act, 1992(3) for the purpose of settlement under this section, the procedure as specified by the board under the securities and exchange board of india act, 1992 shall apply15 of 1992(4) no appeal shall lie under section 23a against any order passed by the board or the adjudicating officer under this section"521 after section 19-ia of the principal act as so inserted, the following shall be inserted, namely:––insertion of new section 19-ibrecovery of amounts10'19-ib (1) if a person fails to pay the penalty imposed by the adjudicating officer or fails to comply with a direction of disgorgement order issued under section 19 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: —(a) attachment and sale of the person's movable property; (b) attachment of the person's bank accounts;15(c) attachment and sale of the person's immovable property; (d) arrest of the person and his detention in prison; (e) appointing a receiver for the management of the person's movable and immovable properties,2043 of 1961and for this purpose, the provisions of sections 221 to 227, 228a, 229, 232, the second and third schedules to the income-tax act, 1961 and the income-tax (certificate proceedings) rules, 1962, as in force from time to time, in so far as may be, apply with necessary modifications as if the said provisions and the rules thereunder were the provisions of this act and referred to the amount due under this act instead of to income-tax under the income-tax act, 1961253035explanation 1— for the purposes of this sub-section, the person's movable or immovable property or monies held in bank accounts shall include any property or monies held in bank accounts which has been transferred, directly or indirectly on or after the date when the amount specified in certificate had become due, by the person to his spouse or minor child or son's wife or son's minor child, otherwise than for adequate consideration, and which is held by, or stands in the name of, any of the persons aforesaid; and so far as the movable or immovable property or monies held in bank accounts so transferred to his minor child or his son's minor child is concerned, it shall, even after the date of attainment of majority by such minor child or son's minor child, as the case may be, continue to be included in the person's movable or immovable property or monies held in bank accounts for recovering any amount due from the person under this act43 of 196140explanation 2—any reference under the provisions of the second and third schedules to the income-tax act, 1961 and the income-tax (certificate proceedings) rules, 1962 to the assessee shall be construed as a reference to the person specified in the certificate43 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 23a of this act45(2) the recovery officer shall be empowered to seek the assistance of the local district administration while exercising the powers under sub-section (1)(3) notwithstanding anything contained in any other law for the time being in force, the recovery of amounts by a recovery officer under sub-section (1), pursuant to non-compliance with any direction issued by the board under section 19, shall have precedence over any other claim against such person5(4) for the purposes of sub-sections (1), (2) and (3), the expression "recoveryofficer" means any officer of the board who may be authorised, by general or special order in writing, to exercise the powers of a recovery officer' 22 in section 22 of the principal act, sub-section (2) shall be omittedamendment of section 2223 after section 22b of the principal act, the following sections shall be inserted, namely:—insertion of new sections 22c, 22d, 22e, 22f and 22g10establishment of special courts"22c (1) the central government may, for the purpose of providing speedy trialof offences under this act, by notification, establish or designate as many specialcourts as may be necessary(2) a special court shall consist of a single judge who shall be appointed by the central government with the concurrence of the chief justice of the high court within whose jurisdiction the judge to be appointed is working15(3) a person shall not be qualified for appointment as a judge of a special courtunless he is, immediately before such appointment, holding the office of a sessions judge or an additional sessions judge, as the case may be2 of 197420offences triable by special courts22d notwithstanding anything contained in the code of criminal procedure,1973, all offences under this act committed prior to the date of commencement of the securities laws (amendment) act, 2013 or on or after the date of such commencement, shall be taken cognizance of and triable by the special court established for the area in which the offence is committed or where there are more special courts than one for such area, by such one of them as may be specified in this behalf by the high court concerned25appeal and revision2 of 197422e the high court may exercise, so far as may be applicable, all the powersconferred by chapters xxix and xxx of the code of criminal procedure, 1973 on a high court, as if a special court within the local limits of the jurisdiction of the high court were a court of session trying cases within the local limits of the jurisdiction of the high court302 of 1974application of code to proceedings before special court3522f(1) save as otherwise provided in this act, the provisions of the code ofcriminal procedure, 1973 shall apply to the proceedings before a special court and for the purposes of the said provisions, the special court shall be deemed to be a court of session and the person conducting prosecution before a special court shall be deemed to be a public prosecutor within the meaning of clause (u) of section 2 of the code ofcriminal procedure, 1973(2) the person conducting prosecution referred to in sub-section (1) shouldhave been in practice as an advocate for not less than seven years or should have held a post, for a period of not less than seven years, under the union or a state, requiring special knowledge of law40transitional provisions22g any offence committed under this act, which is triable by a special courtshall, until a special court is established, be taken cognizance of and tried by a court of session exercising jurisdiction over the area, notwithstanding anything contained in the code of criminal procedure, 1973:2 of 197445 provided that nothing contained in this section shall affect the powers of thehigh court under section 407 of the code to transfer any case or class of cases taken cognizance by a court of session under this section"24 in section 23a of the principal act, sub-section (2) shall be omittedamendment of section 23a25 after section 30 of the principal act, the following section shall be inserted, namely:—insertion of new section 30a validation of certain acts5"30a any act or thing done or purporting to have been done under the principal act, in respect of settlement of administrative and civil proceedings, shall, for all purposes, be deemed to be valid and effective as if the amendments made to the principal act had been in force at all material times" 26 (1) the securities laws (amendment) ordinance, 2013 is hereby repealedrepeal and savingord 8 of 2013(2) notwithstanding such repeal, anything done or any action taken under the principalacts, as amended by the said ordinance, shall be deemed to have been done or taken under the corresponding provisions of the principal acts, as amended by this act10 statement of objects and reasonsthe securities and exchange board of india act, 1992 (the sebi act) was enacted for the establishment of the securities and exchange board of india (the board) with the object of protecting the interests of investors in the securities market, to promote the development of, and to regulate, the securities market and for matters connected therewith or incidental thereto2 the nature of the securities market and the environment in which it operates is dynamic and the laws governing it have to be responsive to market needs the governance of the securities market through the board has withstood the test of time, including judicial scrutiny however, based on the experience gained over the years, it has become necessary to further strengthen the regulatory provisions to ensure effective enforcement of the securities market related laws while ensuring its orderly development3 to protect the interests of investors and to ensure orderly development of securities markets, it has became necessary to enhance the powers of the board––(a) to call for information not only from the people or entities associated with the securities market but also from persons who are not directly associated with the securities market; (b) to provide for effective protection of investors in cases where there is fraudulent diversion of monies raised from investors; and (c) to monitor collective investment schemes and to ensure that such schemes, which are thriving, at the expense of gullible investors are curbed further, in view of large pendency of cases, it is necessary to constitute special courts for prosecution of offences under the securities laws to provide speedy trial4 as parliament was not in session and the president was satisfied that immediate action was required to be taken to make necessary amendments to the securities and exchange board of india act, 1992, the securities contracts (regulation) act, 1956 and the depositories act, 1996, so as to enable the board to initiate action against illegal deposit taking schemes, the securities laws (amendment) ordinance, 2013 (ord 8 of 2013) was promulgated on 18th july, 20135 the securities laws (amendment) bill, 2013, which seeks to replace the securities laws (amendment) ordinance, 2013, inter alia, provides for the following, namely:–– (a) to amend section 11 of the sebi act empowering the board for calling for information and records from any person including any bank or any other authority or board or corporation established or constituted by or under any central or state act which, in the opinion of the board, shall be relevant to any investigation or inquiry by the board in respect of any transaction in securities;(b) to insert a new sub-section (5) in section 11 of the sebi act to provide that the amount disgorged, pursuant to a direction issued under section 11b of this act or section 12a of the securities contracts (regulation) act, 1956 or section 19 of the depositories act, 1996, as the case may be, shall be credited to the investor protection and education fund established by the board;(c) to amend section 11aa of the sebi act so as to provide that any pooling of funds under any scheme or arrangement, which is not registered with the board or is not covered under this section, involving a corpus of hundred crore rupees or more shall be deemed to be a collective investment scheme;(d) to amend section 11c of the act so as to empower the chairman of the board to authorise the investigating authorities or any officer of the board to enter and search building, place and to seize any books of account or other documents found as a result of such search;(e) to insert a new section 15jb so as to provide that any person against whom any proceedings have been initiated under sections 11, 11b, 11d, 12 or 15—i, may file an application before the board for settlement of the proceedings which shall be conducted in accordance with the procedure specified in the regulations to be made under the sebi act;(f) to establish "special courts" for the purpose of providing speedy trial of offences under the sebi act;(g) to insert a new section 28a so as to empower the recovery officer to recover the amount, against the persons who fail to comply with any direction of the board for refund of monies or fail to comply with a direction of disgorgement issued under section 11b or fail to pay any fees due to the board 6 it has also become necessary to make certain amendments to the securities contracts(regulation) act, 1956 and the depositories act, 1996 on lines similar to the amendments made to the securities and exchange board of india act, 19927 the bill seeks to replace the aforesaid ordinancen0ew delhi;p chidambaramthe 5th august, 2013 notes on clausesclause 2— this clause seeks to amend section 11 of the securities and exchange board of india act, 1992 (sebi act 1992) relating to the functions of the securities and exchange board of india it is proposed to amend clause (ia) in sub-section (2) of the said section to enable the securities and exchange board of india to call for information and record from any person in respect of any transaction in securities which needs investigation or enquiry by the said board it is further proposed to insert clause (ib) in sub-section (2) of the said section with effect from the 6th day of march, 1998 so as to expressly empower the board to obtain or furnish information to other regulators abroad who have similar functions to those of the board, in matters relating to prevention, detection, enforcement and investigation of violations in respect of securities however, for the purpose of furnishing any information to any authority outside india, a memorandum of understanding shall be signed between the board and the overseas regulators with the prior approval of the central government it is also proposed to insert a new sub-section (5) in the said section which provides that amount disgorged pursuant to a direction of the board under section 11b of the securities and exchange board of india act, 1992, section 12 a of the securities contracts (regulation) act, 1956 and section 19 of the depositories act, 1996 shall be credited to the investor protection and education fund established by the boardclause 3— this clause seeks to amend section 11aa of the sebi act, 1992 relating to regulation of collective investment schemes it is proposed to insert a proviso in sub-section (1) of the said clause, which provides that any pooling of funds under any scheme or arrangement, which is not excluded by sub-section (3) of the said section and which is not registered with the board, involving a corpus amount of rs100 crore or more shall be deemed to be a collective investment scheme it is further proposed to amend sub-section (2) of the said clause to clarify that any scheme or arrangement made by any person, would fall under the collective investment scheme it is proposed to insert sub-section (2a) in the said clause, to empower the board to specify by regulations, additional independent parameters as to what constitutes a collective investment scheme it is also proposed to insert a new clause (ix) in sub-section (3) of the said clause, to empower the central government to exclude, by notification, in consultation with the board, any scheme or arrangement from falling under the ambit of collective investment schemes this is proposed in light of deeming provision inserted in sub-section (1), to ensure that money pooling activities which are otherwise regulated by some other authorities or regulators do not come under the ambit of collective investment schemes to ensure that there are no regulatory overlapsclause 4— this clause seeks to amend section 11b of the sebi act, 1992 relating to power to issue directions it is proposed to insert an explanation in the said clause so as to clarify that the board had and shall always deemed to have had the power to issue disgorgement orders under that sectionclause 5— this clause seeks to amend section 11c of the sebi act, 1992 relating to investigation it is proposed to substitute sub-sections (8) and (9) and amend sub-section (10) of the said section 11c to conduct search and seizure it is also proposed to provide the board with powers of search and seizure with authorisation from the chairman of the boardclause 6— this clause seeks to insert a new section 15ja in the sebi act, 1992relating to settlement of administrative and civil proceedings with effect from the 20th day of april, 2007 the said clause explicitly empowers the board to settle administrative and civil proceedings on payment of such sums or on such other terms as may be determined in accordance with the procedures specified in the regulations framed by the boardclause 7— this clause seeks to omit sub-section (2) of section 15t of the sebi act,1992 as a new provision for settlement of administrative and civil proceedings has been inserted in clause 6clause 8— this clause seeks to omit sub-section (2) of section 26 of the sebi act,1992, as a new provision for establishment of special courts for trial of offences has been inserted in clause 9clause 9 - this clause seeks to insert new sections 26a to 26e in the sebi act, 1992which deal with the establishment of special courts for trial of offences it is proposed to insert a new section 26a which provides for the establishment of special courts by the central government in consultation with the chief justice of the high court within whose jurisdiction the judge is to be appointed it further provides that the person so appointed as judge of special court shall be one who immediately before such appointment was a sessions judge or an additional sessions judge it is also proposed to insert a new section 26b, which seeks to provide that notwithstanding anything contained in the code of criminal procedure, 1973 all offences under this act committed prior to the date of commencement of the securities laws (amendment) act, 2013 or on or after the date of such commencement, shall be taken cognizance and triable only by the special courts it is also proposed to insert a new section 26c which deals with appeal and revision it also provides that high courts shall have the power of appeal or revision as if special courts were court of session trying cases within the local limits of the jurisdiction of the high court it is also proposed to insert a new section 26d which provides that special court shall be deemed to be a court of session and the provisions of the code of criminal procedure, 1973 shall apply to the special court and the person conducting prosecution before the special court shall be deemed to be a public prosecutor it is also proposed to insert a new section 26e which provides that till such time special courts are established the existing court of session will continue to exercise jurisdiction however, it shall not affect the powers of the high court to transfer any caseclause 10— this clause seeks to insert a new section 28a in the sebi act, 1992relating to recovery of amounts this clause empowers the board, inter alia, to attach and sell movable and immovable property of the defaulters without recourse to any court of law and attach bank accounts of defaulters, in case 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 boardclause 11— this clause seeks to amend section 30 of the sebi act, 1992 relating to power to make regulations it is proposed to amend sub-section (2) of said section so as to empower the board to make the regulations in matters relating to the utilisation of the amount credited under sub-section (5) of section 11; the fulfilment of other conditions relating to collective investment scheme under sub-section (2a) of section 11aa; the procedure to be followed by the authorised officer for search or seizure under sub-section (9) of section 11c; the terms determined by the board for settlement of proceedings under sub-section (2) and the procedure for conducting of settlement proceedings under sub-section (3) of section 15jb; and any other matter which is required to be, or may be, specified by regulations or in respect of which provision is to be made by regulationsclause 12— this clause proposes to insert a new section in the sebi act, 1992 for validating certain actsclause 13— this clause seeks to amend section 12a of the securities contracts(regulation) act, 1956 (scr act, 1956) relating to power to issue directions it is proposed to insert an explanation in the said section so as to clarify that the board had and shall always deemed to have had the power to issue disgorgement orders under that section to empower the board to settle administrative and civil proceedings under the scr act, 1956 on payment of such sums or on such other terms as may be determined in accordance with procedures specified in the regulations framed by the boardclause 14— this clause seeks to insert a new section 23ja in the scr act, 1956relating to settlement of administrative and civil proceedings with effect from the 20th day of april, 2007 the said clause empowers the board to settle administrative and civil proceedings on payment of such sums or on such other terms as may be determined in accordance with procedures specified in the regulations framed by the boardclause 15— this clause seeks to insert a new section 23jb in the scr act, 1956relating to recovery of amounts this clause empowers the board, inter alia, to attach and sell movable and immovable property of the defaulters without recourse to any court of law and attach bank accounts of defaulters, in case 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 12a or fails to pay any fees due to the boardclause 16— this clause seeks to omit sub-section (2) of section 26 of the scr act,1956, as a new provision for establishment of special courts for trial of offences has been inserted in clause 17clause 17 - this clause seeks to insert new sections 26a to 26e in the scr act, 1956, which deal with the establishment of special courts for trial of offences under the said act it is proposed to insert a new section 26a which provides for the establishment of special courts by the central government in consultation with the chief justice of the high court within whose jurisdiction the judge is to be appointed it further provides that the person so appointed as judge of special court shall be one who immediately before such appointment was a sessions judge or an additional sessions judge it is also proposed to insert a new section 26b, which seeks to provide that notwithstanding anything contained in the code of criminal procedure, 1973 all offences under this act committed prior to the date of commencement of the securities laws (amendment) act, 2013 or on or after the date of such commencement, shall be taken cognizance and triable only by the special courts it is also proposed to insert a new section 26c which deals with appeal and revision it also provides that the high courts shall have the power of appeal or revision as if special courts were court of session trying cases within the local limits of the jurisdiction of the high court it is also proposed to insert a new section 26d which provides that special court shall be deemed to be a court of session and the provisions of the code of criminal procedure, 1973 shall apply to the special court and the person conducting prosecution before the special court shall be deemed to be a public prosecutor it is also proposed to insert a new section 26e which provides that till such time special courts are established the existing court of session will continue to exercise jurisdiction however, it shall not affect the powers of the high court to transfer any caseclause 18— this clause proposes to insert a new section in the scr act, 1956 for validating certain actsclause 19— this clause seeks to amend section 19 of the depositories act, 1996relating to power to issue directions it is proposed to insert an explanation in the said section so as to clarify that the board had and shall always deemed to have had the power to issue disgorgement orders under the said section explicitly to empower the board to settle administrative and civil proceedings under the depositories act, 1996 on payment of such sums or on such other terms as may be determined in accordance with procedures specified in the regulations framed by the boardclause 20— this clause seeks to insert a new section 19—ia in the depositories act,1996 relating to settlement of administrative and civil proceedings with effect from the 20th day of april, 2007 the said clause empowers the board to settle administrative and civil proceedings on payment of such sums or on such other terms as may be determined in accordance with procedures specified in the regulations framed by the boardclause 21— this clause seeks to insert a new section 19—ib in the depositories act,1996 relating to recovery of amounts this clause empowers the board, inter alia, to attach and sell movable and immovable property of the defaulters without recourse to any court of law and attach bank accounts of defaulters, in case 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 19 or fails to pay any fees due to the boardclause 22— this clause seeks to omit sub-section (2) of section 22 of the depositories act, 1996, as a new provision for establishment of special courts for trial of offences has been inserted in clause 23clause 23— this clause seeks to insert new sections 22c to 22g in the depositories act, 1996 which deal with the establishment of special courts for trial of offences under the said act it is proposed to insert a new section 22c which provides for the establishment of special courts by the central government in consultation with the chief justice of the high court within whose jurisdiction the judge is to be appointed it further provides that the person so appointed as judge of special court shall be one who immediately before such appointment was a sessions judge or an additional sessions judge it is also proposed to insert a new section 22d, which seeks to provide that notwithstanding anything contained in the code of criminal procedure, 1973 all offences under this act committed prior to the date of commencement of the securities laws (amendment) act, 2013 or on or after the date of such commencement, shall be taken cognizance and triable only by the special courts it is also proposed to insert a new section 22e which deals with appeal and revision it also provides that the high courts shall have the power of appeal or revision as if special courts were court of session trying cases within the local limits of the jurisdiction of the high court it is also proposed to insert a new section 22f which provides that special court shall be deemed to be a court of session and the provisions of the code of criminal procedure, 1973 shall apply to the special court and the person conducting prosecution before the special court shall be deemed to be a public prosecutor it is also proposed to insert a new section 22g which provides that till such time special courts are established the existing court of session will continue to exercise jurisdiction however, it shall not affect the powers of the high court to transfer any caseclause 24— this clause seeks to omit sub-section (2) of section 23a of the depositories act, 1996, as a new provision for settlement of administrative and civil proceedings has been inserted in clause 20clause 25— this clause proposes to insert a new section in the depositories act,1996 for validating certain actsclause 26— this clause proposes to insert a new clause relating to repeal of the securities laws (amendment) ordinance, 2013 and saving financial memorandum1 clause 9 of the bill seeks to insert a new section 26a in the securities and exchange board of india act, 1992 to empower the central government to establish or designate as many special courts as may be necessary for the purpose of providing speedy trial of offences under that act2 clause 17 of the bill seeks to insert a new section 26a in the securities contracts(regulation) act, 1956 to empower the central government to establish or designate as many special courts as may be necessary for the purpose of providing speedy trial of offences under that act3 clause 23 of the bill seeks to insert a new section 22c in the depositories act, 1996to empower the central government to establish or designate as many special courts as may be necessary for the purpose of providing speedy trial of offences under that act4 there is no financial implications at present to the consolidated fund of india arising from this proposal in case any expenditure is proposed to be incurred due to the constitution of special courts, the department of expenditure would be approached in accordance with the rules on the matter memorandum regarding delegated legislation1 clause 2 of the bill seeks to empower the securities and exchange board of india(board) to specify by regulations, the utilisation of the amount credited under sub-section (5) of section 112 clause 3 of the bill seeks to empower the board to specify by regulations, the fulfilment of other conditions relating to collective investment scheme under sub-section (2a) of section 11aa3 clause 5 of the bill seeks to empower the board to specify by regulations, the procedure to be followed by the authorised officer for search or seizure under sub-section (9) of section 11c4 clause 6 of the bill seeks to empower the board to specify by regulations, the terms determined by the board for settlement of proceedings and the procedure for conducting of settlement proceedings5 the matters in respect of which 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 memorandum explaining the modifications contained in the bill to replace the securities laws (amendment) ordinance, 2013the securities laws (amendment) bill, 2013, which seeks to repeal and replace the securities laws (amendment) ordinance, 2013, proposes to make the following modifications, apart from the modifications of a consequential or drafting nature in the provisions contained in the said ordinance, namely:—(1) the word "ordinance" referred to in the ordinance has been replaced with the word "act" in the bill(2) the reference of section '231,' of the income-tax act in the ordinance has been deleted in clauses 10, 15 and 21 of the bill since section 231 of the income-tax act, 1961 has been repealed(3) the words "taken cognizance of and" have been inserted in clauses 9, 17 and23 of the bill(4) new clauses 12, 18 and 25 relating to validation of certain acts have been inserted in the bill(5) clause 26 of the bill is a new provision relating to repeal and saving of the ordinance 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(2) without prejudice to the generality of the foregoing provisions, the measures referred to therein may provide for— (ia) calling for information and record from any bank or any other authority or board or corporation established or constituted by or under any central, state or provincial act in respect of any transaction in securities which is under investigation or inquiry by the board; 11aa (1) any scheme or arrangement which satisfies the conditions referred to in sub-section (2) shall be a collective investment schemecollective investment scheme(2) any scheme or arrangement made or offered by any company under which,— (3) notwithstanding anything contained in sub-section (2), any scheme or arrangement— power to issue directions11b save as otherwise provided in section 11, if after making or causing to be made any enquiry, the board is satisfied that it is necessary—(i) in the interest of investors, or orderly development of securities market; or (ii) to prevent the affairs of any intermediary or other persons referred to in section 12 being conducted in a manner detrimental to the interests of investors or securities market; or(iii) to secure the proper management of any such intermediary or person, it may issue such directions,—(a) to any person or class of persons referred to section 12, or associated with the securities market; or(b) to any company in respect of matters specified in section 11a, as may be appropriate in the interests of investors in securities and the securities marketinvestigation11c (1) (8) where in the course of investigation, the investigating authority has reasonable ground to believe that the books, registers, other documents and record of, or relating to, any intermediary or any person associated with securities market in any manner, may be destroyed, mutilated, altered, falsified or secreted, the investigating authority may make an application to the judicial magistrate of the first class having jurisdiction for an order for the seizure of such books, registers, other documents and record(9) after considering the application and hearing the investigating authority, if necessary, the magistrate may, by order, authorise the investigating authority—(a) to enter, with such assistance, as may be required, the place or places where such books, registers, other documents and record are kept;(b) to search that place or those places in the manner specified in the order; and (c) to seize books, registers, other documents and record, it considers necessary for the purposes of the investigation: provided that the magistrate shall not authorise seizure of books, registers, other documents and record, or any listed public company or a public company (not being the intermediaries specified under section 12) which intends to get its securities listed on any recognised stock exchange unless such company indulges in insider trading or market manipulation(10) the investigating authority shall keep in its custody the books, registers, other documents and record seized under this section for such period not later than the conclusion of the investigation as it considers necessary and thereafter shall return the same to the company or the other body corporate, or, as the case may be, to the managing director or the manager or any other person, from whose custody or power they were seized and inform the magistrate of such return:provided that the investigating authority may, before returning such books, registers, other documents and record as aforesaid, place identification marks on them or any part thereof 15t (1) (2) no appeal shall lie to the securities appellate tribunal from an order make—appeal to the securities appellate tribunal(a) by the board on and after the commencement of the securities laws (second amendment) act, 1999;(b) by an ajudicating officer, with the consent of the parties 26 (1) cognizance of offences by courts(2) no court inferior to that of a court of session shall try any offence punishable under this act 30 (1) power to make regulations(2) in particular, and without prejudice to the generality of the forgoing power, such regulations may provide for all or any of the following matters, namely:— extracts from the securities contracts (regulation) act, 1956 (42 of 1956)| | | | | ||------|------|------|------|-----|power to issue directions12a if, after making or causing to be made an inquiry, the securities and exchange board of india is satisfied that it is necessary—(a) in the interest of investors, or orderly development of securities market; or (b) to prevent the affairs of any recognised stock exchange or clearing corporation, or such other agency or person, providing trading or clearing or settlement facility in respect of securities, being conducted in a manner detrimental to the interests of investors or securities market; or(c) to secure the proper management of any such stock exchange or clearing corporation or agency or person, referred to in clause (b), it may issue such directions,—(i) to any stock exchange or clearing corporation or agency or person referred to in clause (b) or any person or class of persons associated with the securities market; or(ii) to any company whose securities are listed or proposed to be listed in a recognised stock exchange, as may be appropriate in the interests of investors in securities and the securities market| | | | | ||------|------|------|------|-----|26 (1) cognizance of offences by courts(2) no court inferior to that of a court of session shall try any offence punishable under this act ———— extracts from the depositories act, 1996 (22 of 1996)19 save as provided in this act, if after making or causing to be made an enquiry or inspection, the board is satisfied that it is necessary—power of board to give directions in certain cases(i) in the interest of investors, or orderly development of securities market; or (ii) to prevent the affairs of any depository or participant being conducted in the manner detrimental to the interests of investors or securities market;it may issue such directions,—(a) to any depository or participant or any person associated with the securities market; or(b) to any issuer, as may be appropriate in the interests of investors or the securities market chapter vi miscellaneous22 (1) cognizance of offences by courts(2) no court inferior to that of a court of session shall try any offence punishable under this act 23a (1) appeal to securities appellate tribunal(2) no appeal shall lie to the securities appellate tribunal from an order made by the board with the consent of the parties———— a billfurther to amend the securities and exchange board of india act, 1992, the securities contracts (regulation) act, 1956 and the depositories act, 1996————gmgipmrnd—1748ls(s3)—07082013 | Parliament_bills | d9f558f1-9d45-5b0a-a140-e59d2d75477a |
the appropriation bill, 2007(as passed by the houses of parliament—lok sabha on the 16th march, 2007rajya sabha on the 19th march, 2007)assented toon 22 march, 2007act no 15 of 2007 the appropriation bill, 2007 (as passed by the houses of parliament) abillto authorise payment and appropriation of certain further sums from and out of the consolidated fund of india for the services of the financial year 2006-07be it enacted by parliament in the fifty-eighth year of the republic of india as follows:—short title1 this act may be called the appropriation act, 2007 2 from and out of the consolidated fund of india there may be paid and applied sums not exceeding those specified in column 3 of the schedule amounting in the aggregate to the sum of three lakh eighty-six thousand three hundred thirty-six crores and seventy-six lakh rupees towards defraying the several charges which will come in the course of payment during the financial year 2006-07 in respect of the services specified in column 2 of the scheduleissue of rs 386336,76,00,000 out of the consolidated fund of india for the financial year 2006-07appropriation3 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 yearno of votethe schedule(see sections 2 and 3)123sums not exceedingservices and purposesvoted bycharged on theparliamentconsolidatedtotalfund1department of agriculture and cooperation revenue265,02,00,000265,02,00,0002department of agricultural research and education revenue65,99,00,00065,99,00,0003department of animal husbandry,dairying and fisheries revenue3,00,0003,00,0005atomic energy revenue2,00,0002,00,0007department of chemicals and petrochemicals revenue732,57,00,000732,57,00,000capital72,50,00,00072,50,00,0008department of fertilisers revenue3533,79,00,0003533,79,00,000capital12,18,00,00012,18,00,0009ministry of civil aviation revenue84,91,00,00084,91,00,00010ministry of coal revenue8,00,0008,00,00011department of commerce revenue381,32,00,000381,32,00,000capital1,00,0001,00,00013department of posts revenue365,24,00,00015,00,000365,39,00,000capital1,00,0001,00,00014department of telecommunications revenue60,59,00,0004,00,00060,63,00,00015department of information technology revenue1,00,0001,00,000capital4,40,00,0004,40,00,00016ministry of company affairs capital26,80,00,00026,80,00,00018department of food and public distribution revenue1,00,0001,00,000capital1,00,0001,00,00019ministry of culture capital2,00,0002,00,00021defence pensions revenue582,00,00,000582,00,00,00022defence services—army revenue3,59,00,0003,59,00,00023defence services—navy revenue98,86,00,00098,86,00,00024defence services—air force revenue34,46,00,00034,46,00,00025defence ordnance factories revenue3,00,00,0003,00,00,00026defence services—research and development revenue10,68,00,00010,68,00,00028ministry of development of north eastern regionrevenue50,00,00050,00,00029ministry of environment and forests revenue3,04,00,0003,04,00,00030ministry of external affairs revenue185,81,00,000185,81,00,00031department of economic affairs revenue445,99,00,000445,99,00,000capital6000,00,00,0006000,00,00,00032currency, coinage and stamps capital96,37,00,00096,37,00,00033payments to financial institutions revenue1,00,0001,00,000charged—interest payments revenue4869,25,00,0004869,25,00,00035transfers to state and union territorygovernments revenue8947,39,00,0008947,39,00,000capital700,00,00,000700,00,00,000charged—repayment of debt capital349581,44,00,000349581,44,00,00038department of expenditure revenue3,46,00,0003,46,00,000capital5,00,00,0005,00,00,00039pensions revenue235,56,00,000235,56,00,000| rs | rs | rs ||--------------------|---------------------|---------------| 3the schedule(see sections 2 and 3)no of vote123sums not exceedingservices and purposesvoted bycharged on theparliamentconsolidatedtotalfund40indian audit and accounts department revenue2,68,00,0002,68,00,00041department of revenue revenue1,00,0001,00,00042direct taxes revenue65,05,00,00065,05,00,00045ministry of food processing industries revenue1,00,0001,00,000capital16,80,00,00016,80,00,00046department of health and family welfare revenue4,00,0004,00,000capital25,35,00,00025,35,00,00047department of ayurveda, yoga and naturopathy,unani, siddha and homoeopathy (ayush) revenue1,00,0001,00,00048department of heavy industry revenue188,31,00,000188,31,00,000capital613,38,00,000613,38,00,00050ministry of home affairs revenue9,22,00,0001,00,0009,23,00,00051cabinet revenue72,41,00,00072,41,00,00052police revenue1,00,0001,00,000capital1,00,0001,00,00053other expenditure of the ministry of home affairsrevenue283,16,00,000283,16,00,00054transfers to union territory governments revenue120,49,00,000120,49,00,00055department of school education and literacy(previously—department of elementary education and literacy) revenue189,28,00,000189,28,00,00056department of higher education (previously—department of secondary education and higher education) revenue133,73,00,000133,73,00,00057ministry of women and child development(previously—department of women and child development) revenue3,00,0003,00,00058ministry of information and broadcasting revenue1,00,0001,00,000capital1,00,0001,00,00059ministry of labour and employment revenue500,01,00,000500,01,00,00060election commission revenue1,36,00,0001,36,00,000charged— supreme court of india revenue8,73,00,0008,73,00,00063ministry of mines revenue66,14,00,0004,65,00,00070,79,00,00066ministry of earth sciences (previously —department of ocean development) revenue56,05,00,0005,00,00056,10,00,000capital59,10,00,00059,10,00,00069ministry of personnel, public grievancesand pensions revenue47,00,00047,00,000capital2,00,00,0002,00,00,00070ministry of petroleum and natural gas revenue5000,01,00,0005000,01,00,000capital528,58,00,000528,58,00,00072ministry of power revenue2,00,0002,00,00075rajya sabha revenue93,00,00018,00,0001,11,00,000charged—union public service commission revenue4,50,00,0004,50,00,0007 8department of rural development revenue20,00,00020,00,00080department of drinking water supply revenue1,00,0001,00,00081department of science and technology revenue2,00,0002,00,00082department of scientific and industrial research revenue2,00,0002,00,00083department of biotechnology revenue1,00,0001,00,000 rs rs rsno of vote123sums not exceedingservices and purposesvoted bycharged on theparliamentconsolidatedtotalfund rs rs rs84department of shipping revenue105,70,00,000105,70,00,000capital1,00,0001,00,00085department of road transport and highways revenue1,00,0001,00,00086ministry of small scale industries revenue1,00,0001,00,00087ministry of social justice and empowerment revenue60,52,00,00060,52,00,00089ministry of statistics and programmeimplementation revenue12,62,00,00012,62,00,00090ministry of steel revenue165,80,00,000165,80,00,000capital1,73,00,0001,73,00,00091ministry of textiles revenue297,52,00,000297,52,00,000capital2,00,0002,00,00092ministry of tourism revenue1,00,0001,00,00093ministry of tribal affairs revenue2,00,00033,88,00,00033,90,00,00094andaman and nicobar islands revenue40,17,00,00040,17,00,00095chandigarh revenue55,59,00,00024,00,00055,83,00,000capital25,34,00,00025,34,00,00096dadra and nagar haveli revenue1,00,00,0001,00,00,00097daman and diu revenue50,70,00,00050,70,00,00098lakshadweep revenue43,01,00,00043,01,00,000capital7,30,00,0007,30,00,00099department of urban development revenue24,26,00,00024,26,00,000capital12,43,00,00012,43,00,000100public works capital25,71,00,00025,71,00,000101stationery and printing revenue7,98,00,0007,98,00,000104ministry of youth affairs and sports revenue2,00,0002,00,000t o t a l31121,90,00,000355214,86,00,000386336,76,00,000 a billto authorise payment and appropriation of certain further sums from and out of the consolidated fund of india for the services of the financial year 2006-07————(as passed by the houses of parliament)mgipmrnd—1362ls(s5)—26032007 | Parliament_bills | cfdb691c-5565-5234-924b-b369575cec53 |
bill no 53 or 1m the indian tariff (second amendment) bill, 1963a bill further to amend the indian tariff act 1934 be it enacted by parliament in the fourteenth year of the shortt ide republic of india as follows: _ add commencement 1 (1) this art may be called the indian tariff (second amend-s ment) act, 1963 (2) it shall come into force on the first day of january, 1964 32 of 1934 10 2 in the first schedule to the indian tariff act, 1934,-amendment of first (i) in items nos 46, 46(1), 47, 47(1), 48, 72(34), 72(40) and schedule 75(12a), in the last column headed "duration of protective rates oi duty", for the word, figures and letters "december 31st, 1963" wherever they occur, the word, figures and letters "december 31st, 1966" shall be substituted; 15 (ii) in item no 70(2), in the last column headed "duration of protective rates of duty", for the word, figures and letters "december 31st, 1963", the word, figures and letters "december 31st, 1968" shall be substituted; (iii) in item no 70(3),-zo (a) in the fourth column headaci "standard rate of duty", for the figures and words "45 per cent ad valorem or rs 88·60 per quintal, whichever is higher", the figures and words "35 per cent ad valorem or rs 85 per quintal, whichever is higher" shall be substituted; 2s (b) in the last column headed "duration of protective rates of duty", for the word, figures and letters "december 31st, 1963", the word, figures and letters "december 31st, 1968" shall be substituted; (iv) in item no 71(14),-(a) in the third column headed "nature of duty", for the word "protective", the word urevenue" shall be substituted; (b) in the last coluam headed "duration of protective ates of duty", the existing entry shall be omitted; s - (v) in item no 72(12),-(a) in the fourth column headed "standard rate of duty", for the figures and words "35 per cent ad valorem", th~ llgures and words "25 per cent ad valorem" shall be substituted; 10 (b) in the last column headed uduration of protective rates of duty", for the word, figures and letters icdecember 31st, 1963", the word, figures and letters udecember 31st, 1966" shall be substituted; is (vi) in item no 72(14),-(a) in the second column headed "name of article", for the existing entry under 72(14) (4) (i), the following entry shall be substituted, namely: - "squirrel cage and slip ring induction motors and synchronous motors of a brake-horse-power not exceed- 20 ing 3,000 but not less than one brake-hor~-power, excluding variable speech commutator motors"; (b) in the last column headed uduration of protective rates of duty", for the word, figurel and letters "december 31at, 1963" wherever they occur, the word, figures and letters 25 "december 31st, 1965" shall be substituted; :(vii) in item no 72(39),- (a) in the 'second column headed "name of article", for the existing entry, the following ,ntry shall be substituted, juunely: -30 "power and distribution transformers up to 50,000 kva and 220 kv on the ht side (primary voltage being over 250) excluding furnace, rectifier and bame-proof transformers and parts of such transformers, not otherwile apecifled"; 35 (b) in the last column h~ed "duration of protective rates of duty", for the word, figures and letten 'i~l)er 31st, 1963", the word, figures and letters "december 31st, 1965" aban be substftutefl; lok sabracorrigenda to the indian tariff (second amendment) bill, 1963 (to be/as introduced in lok sabha) 1 page 2, line 22,-for ifspeechh read "speed" 2 page 3, line 43,-add at the end in the last column r it t 3 page 4, line 16,-for n audit read if and" 4 page 4, line 19,-for ittaansformerslt read "transformers" 5 correct line numbers on pages 1 and 3 new dellii november 30 193 agrahayana 9, 1885 (saka) (viii) in items nos 75(5), 75(6), 75(7), 75(7a) and 75(8),-(a) in the third column headed "nature of duty", for the word "protective" wherever it occurs, the word "revenue" shall be substituted; s (b) in the last column headed "duration of protective rates of duty", the existing entries shall be omitted; ~) in item no 75(12), in the second column headed "name of article", for the figures, brackets and letter "75 (18) (b) ", the figures, brackets and letter "75(18) (b) (ii) " shan be substituted; 10 (x) in item no 75(16),-(6) in the fourth column headed "standard rate of duty", for thoe figures and words "921 per cent ad valorem", the figures and words "771 per cent ad calort'nt" shall be substituted; (b) in the last column headed "duration of protective rates of duty", for the word, figures and letters "december 31st, 1963", the word, figures and letters "december 31st, 1965" sllall be substituted; 20 (~) for item no 75(18), the following item shall b substituted, namely:-| "75 (18) (a) single cylinder fuel | revenue ||--------------------------------------|------------|| 20 | || per cent | || injection | pumps || ad | || valorem | || for stationary die- | || sel | || engines | and || component parts | || of | || such | || pumps | |30 (b) nozzle-holders with a clamping capacity up to 25'4 mm clamping diameter for nozzles (atomisers) for use on stationary or automobile diesel engines and nozzles therefor; and component parts of such nozzles and nozzle holders: (i) for u~e on 5ta-revenae 20 per cent tionary diesel tid fjg/orem engines; (ia) for use on jlevenue 50 per cent automobile ad va/dr4ift diese 1 engines statement of objects and reasonsthe present bill seeks to amend the first schedule to the indian tariff act, 1934 (32 of 1934), in order to continue or discontinue protection to certain industries on the advice of the tariff commission 2 the industries which will continue to be protected are:-name of industry serial no item number of tariff i sericu1ture 46• 46(1), 47,~47(1) and 48 2 antimony 70(2) and 70(3) 72(12) 3· acsr (aluminium conductors steel reinforced) and aac (all aluminium conductors) 72(14) electric motors 72(34) aud 72(40) 4· s· co~ton textile machinery 6 72(39) power and distribution taansformers 75(i2a) 75(16) piston assembly automobile spark plugs 7· 8 3 the industries in respect of which protection will be discontinued from the 1st january, 1964 are:-| name | of ||---------------|-------|| industry | || serial | || no | || item number | of || tarift' | || 1 | || steel | || 2 | || engineers - | || pilea | || bicycles | || 75(5), 75(6) | || 75(7), 7s(7a) | || and | || 15(8) | || 7,(is} | || 3· | || diesel | fuel || equipment | | manubhai shah new delhi' , the 22nd november, 1963 •• president's recommendation under article 117 of the constitution of india[copy of letter no 52(5)-tar/63 dated the 23rd nooember, 1963 from s'mi manubhai shah, minister of international trade to the secretary, lok sabha] the president having been informed of the subject matter of the indian tariff (second amendment) bill, 1963, recommends under article 117(1) of the constitution of india, the introduction of the bj,ll in the november-december 1963 sessicll of the lok sabh • a bill further to amend the indian tariff act, 1934-(shri manubhtji shah, minister oj inlernalionlll trade) | Parliament_bills | 14a22576-fbba-5f0f-a56c-d52782f396bf |
blu no r of 1$ tim companies-(amendment) bill, 1963 a billfu:rtke7 '0 amend the compg",ie act, 1956, be it enacted by parliament in the fourteenth year of the republic of india as follows:-1 (1) this act may be called the companies (amej:ldment) act, short title 1963 dd com-djedcemedt s (2) it shall come into force on such date as the ·central government may, by notification in the oftlcial gazette, appoint, and different dates may be appointed for different provisions of this ac', lofj9s6-2 in section 2 of the companies act, 1956 (hereinafter referred ameddment 10 to as the principal act),-ofaec:ti0d2 (a) atter ~lause (10), the following clause shall be inserted, namely:~ - (loa) "company law board" means the board of company law administration constituted under section 15 loe;'; (b) a£ler clause (49), the following clause oa11 be inserted namely:-- (49a) "tribunal" means the tribunal constituted under section loa;' 20 3 after section 10 of the principal act, the following sections iaaertiod of shall be inserted in part i, namely:-:gr~': to idpart i 'ya (1) tile cent gover_ent ida, j t, botlftattion in cooititution 6e eftirial gueuie, constitute - trd8aal ~,of 5 many of tribunal membns 88 it! diidb fit, to exercise di8c1uwp- 25 (a) the powers and functions conferred on such tribunal by or under this act; 1401 (b) ls-1 (b) the powers and functions conferred on the court by or under section 203 in so far as it relates to the granting of leave under that section and sections 397 to 407; and (c) such other powers and functions conferred on the court by or under this act as the central government may, s by notification in the official gazette, specify: provided that where any powers and functions are or become exercisable by the tribunal by virtue of this section, the court shall not exercise those powers and functions and any reference to the court in any of the s,ections, powers and functions of the 10 court whereunder have been conferred on the tribunal, shall be construed as a reference to the tribunal (2) the members of the tribunal 'shall be persons who appear to the central government to have adequate knowledge of, and experience in,-is (a) law, or (b) matters of accountancy, or (c) administration or management of companies and law relating thereto (3) the central government shall ordinarily appoint one 20 of the members of tribunal having knowledge of, and experience in law, who-(a) is or has been a judge of a high court; or is qualified for appointment as judge of a high 25 (b) court; to be the chairman of the tribunal (4) the chairman and other members of the trlbunallhall receive from the central government lueh remudel'8tion, and shall be ifovemed by sueh conditions of service, as the central government may determine: 30 provided that the remuneration of the chairman or any other member shall not be varied to his disadvantage after his appointment (5) nothing in this section shall derogate from the powers and functions of the court in relation to any proceeding pending 3s before the court immediately before such powers and functions are or become exercisable by the tribunal by virtue of this section and the court shall dispose of such proceeding according ly tothe companies (amendm~nt) bill,1963 (to be/as introduced 4n lok sabha) 1 page 2, line 27,-for "chairman" read "chainman" 2 page 4, line 33,-for "panel" ~ "penal" 3 page 5, line 8,-for "prefering" ~ "preferringll 4 page 6, line 3,-for "loan" read "loans" --5 page 6, line 38,-after "and" insert " " , 6 page 6, 11ne,38,-) :,~ after "~rt1cu1ar" inseifrt 11 " , 7 page 7, line 31,-before "holds" omit -" " , - 8 page 8, lines 13 and 14,-for "mange-ment" ~ "manage-ment" 9 page 12, in clause 13,-for the marginal heading to new section-63sa, -read--"protection of acts done in good faith" 10 page 12,-for the marginal heading to clause 14,~a4 - if amendment of section 637 11 11 page 12, line 13,-after "conditions" f2!: "" ~ " " , 12 page 12, line 25,-after "347 (2)" insert " " , 13 page 15, line 22," for " nd" read " and" -14 page 15, line :2~, for "say" read "s ay" 15 page 1:5, line 3 from bottom,-omit ii a" -16 page 17, line 7 , for "of" read "or" 17 correct line numbers on pages, 7, 10, 11 and 12 ',-,r • ;-\ (c) compelling the production of documents, (d) examining witnesses on oath, (e) granting adjournments, (i) reception of evidence taken on affidavit, (9) issuing commissions for the examination of wit-5 ne&aeb, and summoning and examining no mgltu afty penon whose evidence appears to the tribunal to be material (2) where the tribunal has reason to believe that tany place is used for the deposit or custody of any dqc1uqeni or thing which may be material for the purposes of any proceeding be- 10 foi!e it, the tribunal may by its'warrant authorise ad di1"ect any police oftlcer above the rank of a constab~ (a) to ~nter that place with such assistance as may be required, (b) to search the same in the manner specified in tlle is warrant, (c) to take possession of any documents or things therejn found and to ~epare a list of the same and te dispclsle them of in accordance with the pro\lisions hereinafter contained 20 (3) when in the execution of a search w,"rra:nt uadu subsection (2) any document~ or things for whkh search is made are fou~d, such documents or things, togetber with the list of t~e same, shall immediately be taken before the tribunal (f) the p:r<wisions- of the code of crimin-al proc'!dur-, 1898 25' of 1898· shall, so tar as lilay be, awly to a seuch d;rected, and a search warrant issued, under sub-section (2) as they 8ljply to a search and a search warrant under sectlon 98 of that c04e (5) 'nw 'pribudal sha-tl be deemed te be a eim court for the ptq>oses of aecuon 195 and chapter xxxv of the corle of crimi- 30 nal procedure, l898 and evprv pl'oceedin~ before the tribadei shall be deemed to be a judicial proceedinj! within tjae meailli:tg of sections 193 and 228 of the indian panel code and for the purof' of 1860 pose of section 19ft of that code ion (l) save as otherwj~p orovined in this act an li1'liteal 35 shall lie only on questions of law arising out of any decision, = decision of the tribunal findin~ or order of t~ tribunal to the hhzh court havinj! iurisdiction in relation to t~ place at wlw:h the· register'" ofllce of the company concerned is situate (2) every such' appeal shall be heard by a bench of not less than two judges of the high court (3) every such appeal shall be filed within the period of sixty days from the date of the decision, finding or order of the s tribunal: provided that the appeal may be admitted after the expiry of the aforesaid period if the appellant satisfies the high court that he had bufticient cause for not prefering the appeal within that period' 10 4 in the principal act, after part i, the following part and sec- insertion of tion shall be inserted, namely: -:f:r~ ii~ 'part ia", $ is 20 board of company law administration 10e (1) as soon as may be after the eommercement of the constitution companies (amendment) act~ 1963 the central gov8l'bment ~a;:: of shall by notificatioll in the official gazette, coastitute a board law ad~ito be called the board of company law adrninistratien te exercise niatration and tlischarge such powers and fuadieds cenferred 8r the central goyel'lulaellt by or under this ad or any ether law _ may be edtrusted to it by that govenll t (2) the company law board shall consillt of such number of members, not exceeding five, as the central govenmient deems fit, to be appointed by that government by notification in the official ga2:ette (3) one of the members shall be appointed by the central gowrnment to be the chairman of the company law board (4) no act done by the c(}mnffnv law board shall be called in question on the ground only of any defect in the constitution of, or the existence of any vacancy in, the company law board 30 (5)· the procedure of the company law &ani &hell be such _ rlay be prhcribed (6) in the exercise of its powers and discharge of its funct;on8, the company law board shall be subject to the control of the central government' 5 in section 81 of the principal act,-3s amend meat of sectioil 81 (a) for the proviso to sub-section (3), the foriowing proviso small de substituted, namely:-40 "provided that the terms of issue of su£h debentures or the terms of such loans inelude a term providing for such optioq and such term-(a) either has been approved' by the central government before the issue of debentures or the ,raising of the loan, or is in confonnity with the rules, if any, made by that government in this behalf; and (b) in the case of debentures or loans other than s debentures issued to, or loans obtained from, the government or any institution specified by the central government in this behalf, has also been approved by a special resolution passed by the company in general meeting before the issue of the debentures or the raising 10 of the loans"; (b) after sub-section (3), the following sub-sections shall be inserted, namely:-" ( 4) notwithstanding anything contained in the foregoing provisions of this section, where any debentures have is been issued to, or loans have been obtained from, the government by a company, whether such debentures have been i~ued or loans have been obtained before or after the commencement of the companies (amendment) act, 1963, the central government may, by order, direct that such deben- 20 tures or loans or any part thereof shall be converted into shares in the company on such terms and conditions as appear to the government to be reasonable in the circumstances of the case, even if the terms of issue of such debentures or the terms of such loans do not include a term 2s providing for an option for such conversion: provided that if the terms and conditions of such conversion are not acceptable to the company, the company may, within thirty days of the communication to it of such order or within such further time as may be granted by the 30 high court, prefer an appeal to the high court in regard to such terms and conditions and the decision of the high court on such appeal and, subject only to such decision, the order of the central government under this sub-section shall be final and conclusive 3s (5) in issuing any order under sub-section (4), the central govertlment shall have due regard to the financial position of the company, and in particular to the terms of issue of the debentures or the terms of the loans, as the case may be, and the rate of interest payable on the debentures 40 or loans, the subscribed capital of the company and its loan liabilities, its reserves, its profits durin~ the preceding flve years and the current market price of the shares of the company" • after section 153 of the principal act, the following section insertiod of new sechon shall be inserted, namely:-ls3a after icction is3 "153a (1) where any shares in, or debentures of, a com- dcclaretion pany are held in trust by any person (hereinafter referred to as :~o ~:~ the trustee), the trustee shall, within such time and in such form tures held in as may be prescribed, make a declaration to the registrar trust (2) a copy of the declaration made under sub-section (1) shall be sent by the trustee to the company concerned, as soon as may be, after the declaration has been sent to the registrar 10 (3) if a trustee contravenes any provision of this section or makes any statement in the declaration which is false and which he either knows or believes to be false or does not believe to be true, he shall be punishable with imprisonment for a term which may extend to three years and also with fine (4) the provisions of this section and section 187b shall not apply in relation to a trust-(a) where the trust is not created by instrument in writing; or 20 (b) even if the trust is created by instrument in writing, where the trust money invested in shares in, or debentures of, a company-(i) does not exceed one lakh of rupees, or (ii) exceeds one lakh of rupees but does not exceed either five lakhs of rupees or twenty-five per cent of the paid-up share capital of the company" 25 7 after section 187a of the principal act, the following section lnaertion of shall be inserted, namely: -~;b ~~ section 187a 35 ""1878 (1) notwithstanding anything contained in this act e&crc:isc of or any other law or any contract, memorandum or articles, yotinl ri1htfl in reapect 0 where a member or debenture-holder of a eompany (hereinafter sharea and referred to as a truste";), holds shares in, or debentures of, the ~:~:='t company for the benefit of any other person, the central government may, if it considers necessary so to do in the public interest, appoint such person, as it thinks fit, to exercise at any meeting of the company or at any meeting of any class of members of the company or at any meeting of the debenture-holders of the company, as the case may be, the same rights and powers (including the right to vote by proxy) as the trustee would exercise as a member or debenture-holder at such meeting and thereupon the trustee shall not exercise any such rhts and powers as aforesaid (z) in order to enable the persod appointed by the central government under sub-,section (1) to exercise the rights and powers as aforesaid, that person i;ball alllo be entitled to raeeive an books and papers under this act as if he were a member or - debenture-holder" 5 8 in the principal act, in part vi, after chapter iv, the following chapter and sections shall be inserted, namely:- "chapter iv a-powers of central government to remove managebial personnel from ofji'lce on the recommehdation ofthj: tjwmnal 10 388b (1) w~re in the opinion of the central government there are circ:\hilstances suggesting-idlcrtion of dew chapter &ad sections in part vi (a) that any person concerned in the conduct and mangement of the affairs of a company is or has been in connection therewith guilty of fraud, misfeasance, negligedce or default is in carrying out his obligations and functions under the law, or breach of trust; or reference to tribunal of ciiei llainst idild8&erial personnel (b) that the business of a company is not or has not been conducted and managed by such person in accordance with sound business principles or prudent commercial prac- 20 tices; or (c) that a company is or has been conducted and managed by such person in a manner which is likely to eauae, or has caused, serious injury or damage to the interest of the trade, industry or business to which such company pertains; 25 or (d) that the business of a company is or has been conducted and managed by such person with intent to defraud its creditors, members or any other persons or otherwise for a fraudulent or unlawful purpose or in a manner prejudi- 30 cial to public interest, the central government may state a case against tbe person aforesaid and refer the same to the tribunal with a req1lest that the tribunal may inquire into the case and record a ftrdi as to whether such person is a fit and proper pefson to hold 1ihe office 35 of director or any other office connected with the coftduet and management of any company (2) every case under sub-section (1) shall be stated ja the ~rm of an applfcation which shall be presented to the tribunal 61" such officer thereof as it may appoint in this behah (3) the per,n· against whom a case is reft!rred to the tribu-s nal under this section shall be joined as a respondent to the ·ppllcaucin~ (4) every such application-1'0 (a) shall contain' a concise statement of such circumstanees :anli materials as the central go'v'etntrient m:ay ebnsider necessary for the purpose of the inquiry, and (b) shall be signed and verified in the manner laid down in the code ()f civil procedure, 1908, for the signature and verification of a plaint in a ,guit by the central government (5) the tribunal may at any stage of the proeeedift'gs allow the central government to alter or amend the application in such manner and on such terms as may be just, and all sueh' amendments shall be made as may be necessary for the purpose of 20 25 4~~rmintng the real questions in the inquiry 388c (1) where during the pendency of a case before the !~~" tribunal it appears necessary to the tribunal so to do in the ~ interest of the members or creditors of the company or in the' public interest, the tribunal may on the application of the central government or on its own motion, by an order-(4) diteet that the respondent shall 'nbt discharge any of the duties of his obice uhtil further orden of the tti·bunai, and (b) appoint a suitable person in place of the respondent to discharge the duties of the oidce held by the respondent subject to such terms and conditions as the tribunal may' specify in the order 450f r,6o (2) every perlon appointed under clause (-b) of sub-section (1) shall bedeemed to be a public servant within the meaning of section 21 of the indian penal code 35 -388d at the conclusion of the hearing of the case, the tribu-~ec:ili0d of nal shall record its findi"s stating therein speciftcally if the ~~buaal tribunal considers the respondent as being not a fit and proper personto hold ~he office of director or any o~her office connected ~th tlie conduct and management of any company 888e (l) an appeal shalllieqlftly oil quefltions of law «riling appeal to 'out ef ,the·· ftncungs of the tri-bunal to the ,high court withia the ifjjh court od quatiodi oflaw local limits of whose jurisdiction the place at which the tribunal has held its sittings for the purpose of the inquiry under section 388b, is situate and every such appeal shall be heard by a bench of not less than two judges of the high court : provided that where the tribunal hal held its sittinp at s more places than one and such places are situate within the local limits f the jurisdiction of different high courts, the appeal shall lie to the high c011rt within the local limits of whose jurisdiction the appel~nt at the time of the flung of the appeal ordinarily resides 10 (2) every such appeal shall be filed within a period of sixty days from the date of the finding of the tribunal: provided that the appeal may be admitted after the expiry of the aforesaid period if the appellant satisfies the high court that he had sufticient cause for not preferring the appeal within 15 that period power of centralgov'-ernmedt to remov, iijadiiuial ~rsoadcl od the bai,of tribunal', tia4ijiia 388f (1) notwithstanding any other provision contained in this act, the central government may, by order, remove from ofbce any director, or any other person concerned in the conduct and management of the affairs, of a compay, against whom there 20 is a finding of the tribunal or a decision of a high court under this chapter: provided that where a firm or a body corporate is concerned in the conduct and management of the afta!rs of a company as its managing a~nt or secretaries and treasurers, and the finding 2, of the tribunal or the decision of a high court is aealnst any partner in such firm, or any director of, or any person holding a general power of attorney from, such body corporate, the central government may also remove from the offtce of managing agent or secretaries and treasurers such firm or body corporate 30 (2) no order under this section shall be made against any person unless he has been given a reasonable opportunity to show cause against the same: provided that no matter shall be raised by such person before the central government ii such matter has been decided 35 by the tribunal or the high court (3) the person against whom an order of removal from office is made under this section shall not hold the oftlce of a director or any other office connected with the conduct and management of the affairs of any company during a period of 40 five years from the date of the (lrder of removal, (4) notwithstanding anything contained in any other provi lion of this act, or any other law or any contract, memorandum or articles, on the removal of a person from the office of a direc· tor or, as the cue may be, any other oftice connected with the conduct and management of the affairs of the company, that person shall not be entitled to claim any compensation for the l)ss or termination of office 10 (5) on the removal of a person from the office of a director or, as the case may be, any other oftice connected with the conduct and management of the affairs of the company, the company may, with the previous approval of the central gov· ernment, appoint another person to that office in accordance with tl1e provisions of this act" i' t in section 397 of the principal act-(0) in sub-section (1), for the words "are being conducted", 397· the words "are being conducted in a manner prejudicial to 'pub lie interest or" shan be substituted; (b) in sub1ection (2), in clause (a), for the words "are being conducted", the words "are being conducted in a manner prejudicial to public interelt or" shall be substituted 20 10 in sub-section (1) of section 398 of the principal actr-(4) in clause (4), for the words "are being conducted", the 398 words "are being conducted in a manner prejudicial to public intereat or" shall be substituted; (b) in clause (b), for the words "will be conducted", the words "will be conducted in a manner prejudicial to public in· terest or" shall be lubstituted 30 11 in 8ub-eection (1) of section 408-(0) after the words "if the central government", the words "of its own motion or" shall be inserted (b) after the words "interests of the company", the words "01' to public interest" shall be insened 35 u in part vi of the principal act, in chapter vii, after section iasertion of '1' the following section shall be inserted, namely:-"41 sa the provisions of this chapter shall apply in rela prov~odt of tion to the company law board as they apply in relation to the ~:ppl' ~ central government in respect of any matter in relation to ~ wb,tch, the powers and functions of the' central ~vernment uader'sections 410 a1)d 411 have been delegated to t4~: c()~pany iaa,w board under section 637 fl ' 13 after se~tion ~5 of the princ:ipal act, the fouowmg section ijbell be illsened, namely:-5 lliienion of new eection 63sa after scctioll 635· protection of acta doae in ,ood faith cc635a no suit, prosecution or othe~ 1"al p~pc~ng shall lie against officers of government for ajlyt~g vihiqp ~, ~good faith done or inten~d to be done in pw:-s'a~c, at uu ~t or any rules made thereunder" " i f~r sab-sections (1) and (2) of s~ti~ 637 0( ~9:~ pii~ipal 10 act, the following sub-sections shall be substituted, namely:-amendment ur section 637· cc (1) the central g9ver~ent may, by noti8cation in the official gazette and subject to such conditions restrictions and liljdtati01;ls as may be specified therein, delegate- (a) any of its powe~s o~ func~o~ ~ ~ act (pther is than the power to make rules) to the company law board; (b) any of its powers or functions un4er this act • other than those' specitl~ in bub-section (2), to s,!c~ ()~~:r • »thorit)r or such oft!eer as may be specified in the notification ~} 'die powers and functions which cannot be delegated 20 muier clause (b) of sup-s~ti9n (1) aj;e th~ c:o¢e~~~d by or mentiqneci in the fo1l9'wing pfovisions ~ this act, n~y sections 10, 89(4), 211 (3) iwq, (4), 212, 2~a,2~~,·3ia 241, 242, 243, 244, 245, 247, 248, 249, 250, 259, 268, 2~9, 274 (2) , 29i, aoo 310, su, s24, 328 328, 329, 332, 343, m5, '346, 347 (2) 2s me 352 88&, &72, 396, 399(4) and (5), 4(}1,408, ~,410, 4t-~(b), 448, 609, 613, 620,638,641 and·-m2!' ~ ~ ~ ~~~a~ quick action against persons involved in cases of fraud, misfeasance and other such malpractices and irregularities in the management of companies, it is considered necessary to set up a tribunal whose findings would enable the central government to remove such persons from positions of managerial authority in any company this tribunal will also be empowered to hear certain applications under section 203 and sections 397 and 398 of the companies act, as these relate to matters of a similar nature the scope of sections 397 and 398 and other related sections is being enlargec:l to provide for the entertainment of applications on grounds of public interest as well besides those stated therein this tribunal will also be empowered to exercise the powers and functions of the court under such sections of the companies act as the central government may, from time to time, notify in order to prevent the use of voting rights attached to shares held by trusts for the advancement of personal interests of the donol's, it is considered necessary to regulate the exercise of such rights in suitable cases for this purpose, it is proposed to empower the central government to appoint a person to exercise voting rights in respect of trusts with significant share holding, when necessary, with a view to securing proper management of the company in the interests of the shareholders in cases where government has advanced a loan to a company, it is considered necessary that government should have the power to direct the conversion of such a loan into shares of that company on fair and equitable terms where the loan agreement provides for such conversion, it is proposed to dispense with the procedure prescribed under section 81: of the companies act in regard to such conversion of loans given by government and specified financial institutions section 81 is proposed to be amended accordingly further, it is considered desirable, for the better and convenient administration of the companies act, to set up a board to which w1ll be entrusted most of the powers and functions of the central government under the companies act or other laws the board will function subject to the control of the central government in all matters the bill seeks to amend the companies act to give e1!ect to the above proposals t t krishnamachari new delm; the 14th november, id63 the bill aeeks inter alia to set up a tribunal to enquire into c of m1i-conduct of various types en the part of company managements and an administrative board to exercise such powera and functions of the central government under the companies act or under any other law, as may be assigned to that board by that government the provision for the setting up of a tribunal will necessitate the appointment of chairman and members of the tribunal and some additional taft as far as can be anticipated at present, the expenditure on this account together with incidental expenses on administration to be met out of the gonsolidated fund of india is estimated at - about ri 1,50,000 per annum as indicated below: | r - | "", ||-------------------|----------------|| of | || "11","" | || rt4 | || ~ | || i | || ojflem | || j1te | || 1 | || a | || ual | || coni | || ,""",," | || ra | || x | || ,,2,000 | 04;1,000 || 3 | || i | || x | || 27,000 | || 54 | || 000 | || x | || 9,000 | || 9°°0 | || chairan | of || memben | of || 2 | || reaitrar | || company | || accowltidt | || 1 | || x | || 7,300 | || 7,200 | || a | """" || conaist:q | of || stedoif&phen | || nc! | lower diviaion || clerk, | || 1303 | || 00 | || 3 | || r | || ddi | || ,al | "''''''" || includiq | || clan | || iv | ad, || allowances | || liccoiiudodation, | || furniture | || etc | || 25000 | |,,, total 1,50>400 or say 150 ,000 -----------------------------------------------------------------------------the provision for the setting up of a board may not involve any fresh expenditure from the consolidated fund as it is expected that the board would be able to function with the help of the officers and a stafj who are now borne on the strength of the department of revenue for dealing with the administration of the companies act clauses 3, 4 and 60f the bui empower the central government to make rules in respect of matters which, inter :alia, relate to the strength of every bench of the tribunal, the procedure o1llii i'rib\hlal and 'benches thereof, the procedure to he followed 'bftbe proposed board of company law administration, and the form in which a declaration may be made under subsection (1) of the proposed s~ction 153a ' the matters in respect of which rules may be made 'are' jdattert of proeedure at adl'ilinijtnttft ctetatl the dele«tiofl,'of ~ive power f1f, tmrefore, 6f a normal cibaraem (1 of 1958) - - - - pallt iii prospectus and allotment, and other matl'ers relating to issue of shajlj!'s 'of debbntuus - - - - fv:rthe,' issue of capital m 0) - - (3) nothing in this section shall apply-- - folrthr issue of capital (a) to a private company; or (b) to the increase of the subscribed capital of a public company caused by the exercise of an option attached to debentures issued or loans raised by the· company-(i) to ooilvert such debentur~ or loans into shares in the company, or (ii) to subscribe for shares in the company: provided that the terms of isaue of such debentures or the terms of such loans include a term provdding for such option and such term-(a) has been approved by a special resolution passed by the company in general meeting ·before the issue of the debentures or the raising of the loans; and also (b) either has been approved by the central government before the issue of the debentures or the nlisidg of the loans, or is in conformity with the rules, if any, madeby that government in this behalf - - - - part vi - managduht and administration - • - chaptbr vi-pu:vl:ntion of oppression and mismanagemfont a powera of courta~tlon 387 (1) any members of a company who eomp1ain that the aftairs :uef jut for of the company are being condueted in a manner opprehive to any cueao~ member or members (including anyone or more ofthemle}ves) may oppre88l0n apply to the court for an order under thia hctiol1, provicled euch members have a ri~t 10 to apply in virtue of aacbiad • (2) if, on any application under su~tion (1), the court is of opinion-(a) that the company's affairs are beinl conducted in a manner oppressive to any member or members; and (b) that to wind up the company would unfairly prejudice such member or members, but that otherwise the facts would justify the making of a wind!ng-up order on the ground that it was just and equitable that the company should be wound up; te court may, with a view to bringing to an end the matters complained of, make such order as it thinks fit 398 (1) any members of a company who complain-application to court for () ha h _111' f th b d ted' relief in a t t t e auali's 0 e company are mng cod uc in eases of a manner prejudicial to the interests of the company; or misman8lement • (b) that a material change (not being a change brought about by, or in the interests of, any creditors including debenture holders, or any 'class of shareholders, of the company) has taken place in the management or control of the company, whe-,ther by an alteration in its board of directors, or of its managing agent or secretaries and treasurers or manager, or in the constitution or control of the firm or body corporate acting as its managing agent or secretarie6 and treasurers, or in the ownership of the company's shares, or if ijt has no share capital, in its membership, or in any other manner whatsoever, and that by - reason of such change, it is likely that the affairs of the company will be conducted in a manner prejudicial to the interests of the company; may apply to the court for an _o~r under this section provided such members have a right so to apply in virtue of section 399 - - - - b powers of central g01'emment 408 (1) notwithstanding anything contained in this act, the powers of central government may appoint not more than two persons to hold ~o;:e~~~dt office as directors thereof for such period, not exceeding three years opprcsfod on anyone occasion, as it may think fit, if the central government, ~nt on the application of not less than one hundred members of the company or of members of the company holding not less than one-tentli of the total voting power therein, is satisfied, after such inquiry as it deems fit ~o make, that it is necessary to make the ,appointment or appointments in order to prevent the affairs of the company i;>eing conducted either in a manner which is oppressive to any members of the company or in 8 manner which is prejudicial to 'the interests of the company: - - - provided that in lieu of passing an order as aforesaid, the central government may, if the company has not availed itself of the option given to it under section 265, direct the, company to amend its articles in the manner provided in that section and make fresh appointments of directors in pursuance of the articles as so amended, within such time as may be specified in that behalf by the central government - part xiii general - • - • delegation of powers and junctions of cemral government~e~gatio~ 637 (1) the central government may, by notification in the jov:~~ent official gazette, delegate any of its powers or functions under thjb ofjt~power8 act, other than those specified in sub-section (2), to such authority ~ron9 ':';ier or officer, and subject to such conditions, restrictions and limitations, act as may be specified in the notification (2) the central government shall not delegate its powers or functions under the following provisions of this act, namely, sections 10, 89 (4), 211 (3) and (4), 212, 213, 235, 237, 239, 241, 242, 243, 244, 245, 247, 248, 249, 250, 259, 268, 269, 274 (2), 295, 300, 310, 311, 324, 326, 328, 329, 332, 343, 345, 346, 347 (2), 349, 352, 369, 372, 396, 1399 (4) and (5), 401, 408, 409, 410, 411 fb), 448 609, 613, 620, 638, q641 and 642 ' - - - a biu further to amend the companies act, 1956 (shri t t ktishnamtjdjari, minister of findrtc,) | Parliament_bills | 7725bac0-4eed-58f0-a51b-6b9a88744f68 |
bill no 197 of 2017 the mental healthcare (amendment) bill, 2017 by dr kirit premjibhai solanki, mp a billto amend the mental healthcare act, 2017be it enacted by parliament in the sixty-eighth year of the republic of india as follows:—1 (1) this act may be called the mental healthcare (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 the section 310 of 201752 in section 3 of the mental healthcare act, 2017 (hereinafter referred to as the principal act), sub-section (2), shall be omittedamendment of section 53 in section 5 of the principal act, for sub-section (1), the following sub-section shall be substituted, namely:—10"5 (1) every person, who is not a minor, shall have a right to make an advance directive in writing"4 after section 29 of the principal act, the following section shall be inserted, namely:—| insertion | of ||--------------|---------|| new | section || 29a | |"29a (1) the appropriate government shall conduct a survey to identify sections of the population vulnerable to mental illnesses, particularly persons from the scheduled castes, scheduled tribes and persons with disabilities5special provisions for scheduled castes and scheduled tribes and persons with disabilities(2) the appropriate government shall have a duty to plan, design and implement programmes and schemes for the promotion of mental health awareness, prevention of mental illness and provision of counselling and psychiatric services amongst vulnerable sections of the population, particularly persons from the scheduled castes, the scheduled tribes and the persons with disabilities10amendment of section 345 in section 34 of the principal act, after sub-section (1), the following proviso shall be inserted, namely:—"provided that out of the members referred to in clauses (i) to (p) at least one member shall be from the scheduled castes, the scheduled tribes and the persons with disabilities"15amendment of section 466 in section 46 of the principal act, after sub-section (1), the following proviso shall be inserted, namely:—"provided that out of the members referred to in clauses (h) to (n) at least one member shall from the scheduled castes, the scheduled tribes and the persons with disabilities"20amendment of section 747 in section 74 of the principal act, in sub-section (1), for clause (c), the following clause shall be substituted, namely:—"(c) three members of whom two shall be psychiatrists and the other shall be a medical practitioner" 8 after section 108 of the principal act, the following section shall be inserted, namely:—insertion of new section108a25punishment to public servant for failure to perform duty30'108a if any public servant, charged with duty of providing mental healthcare services to mentally ill persons under this act, fails to perform his duty, he shall be punished with imprisonment for a term of one year or with fine of rupees ten thousand, in addition to departmental disciplinary action for dereliction of duty' by the government, he shall be punished for not providing the mental healthcare services offered to mentally ill persons under this act in such manner as may be prescribed" statement of objects and reasonsindia being the signatory to the united nations convention on the rights of persons with disabilities in 2007, which made it incumbent on the state to provide shield against the rights of persons with mental illness and promote their access to mental healthcarethe word competency originates from the word 'competent' which indicates the concept involved in the indian contract act, 1872 wherein section 11 connotes eligibility to make a contract however, the mental healthcare act, 2017 has altered the doctor-patient relationship being on treatment by a psychiatrist will not take away a person's 'competence'also, the mental healthcare act, 2017 should not be contrary to any existing law of the india a mentally-ill person shall have the right to make an advance directive that states how he wants to be treated for the illness during a mental health situation and who shall be his nominated representative even it would be quite inappropriate to give such a right selectively to those with mental illnesses, while victims of all other illnesses are not given the same it would be a case of equals being treated unequally and that way discriminatory and unlawfulmoreover, the bill seeks to provide for mental healthcare and services for persons with mental illness and to protect, promote and fulfil the rights of such persons during delivery of mental healthcare and servicesthe bill seeks to achieve the above objectivesnew delhi;kirit premjibhai solankijuly 3, 2017 annexure extract from the mental healthcare act, 2017 (10 of 2017)| | | | | | | | ||------|------|------|------|------|------|------|-----|3 (1) determination of mental illness(2) no person or authority shall classify a person as a person with mental illness, except for purposes directly relating to the treatment of the mental illness or in other matters as covered under this act or any other law for the time being in force| | | | | | | | ||-----|------|------|------|------|------|------|-----|advance directive5 (1) every person, who is not a minor, shall have a right to make an advance directive in writing, specifying any or all of the following, namely:—| | | | | | | | ||------|------|------|------|------|------|------|-----|74 (1) each board shall consist of—composition of board(a) (b) (c) two members of whom one shall be a psychiatrist and the other shall be a medical practitioner| | | | | | | | ||------|------|------|------|------|------|------|-----|———— a billto amend the mental healthcare act, 2017————(dr kirit premjibhai solanki, mp)gmgipmrnd—2439ls(s3)—03112017 | Parliament_bills | fd866ddd-20e6-5238-9845-0fbd76dea7b4 |
bill no 21 of 2010 the appropriation (railways) vote on account bill, 2010 abillto provide for the withdrawal of certain sums from and out of the consolidated fund of india for the services of a part of the financial year 2010-11 for the purposes of railwaysbe it enacted by parliament in the sixty-first year of the republic of india as follows:—1 this act may be called the appropriation (railways) vote on account act, 2010short titlewithdrawal of rs30461,31,06,000 from and out of the consolidated fund of india for the financial year 2010-112 from and out of the consolidated fund of india there may be withdrawn sums not exceeding those specified in column 3 of the schedule amounting in the aggregate to the sum of thirty thousand four hundred sixty-one crores, thirty-one lakhs and six thousand rupees towards defraying the several charges which will come in course of payment during the financial year 2010-11, in respect of the services relating to railways specified in column 2 of the scheduleappropriation the schedule (see sections 2 and 3)| 1 | 2 | 3 ||-------------------------------------------------|----------------------------------------------------|----------------|| no of | sums not exceeding | || vote | services and purposes | voted by || parliament | consolidated fund | || rs | rs | rs || 1 | railway board | 28,33,33,000 || 2 | miscellaneous expenditure (general) | 100,00,00,000 || 3 | general superintendence and services on railways | 700,61,43,000 || 4 | repairs and maintenance of permanent | || way and works | 1192,75,17,000 | 7,14,000 || 5 | repairs and maintenance of motive power | 558,08,92,000 || 6 | repairs and maintenance of carriages and wagons | 1254,20,27,000 || 7 | repairs and maintenance of plant and equipment | 677,17,42,000 || 8 | operating expenses—rolling stock and equipment | 934,08,42,000 || 9 | operating expenses—traffic | 3178,79,46,000 || 10 | operating expenses—fuel | 2629,68,69,000 || 11 | staff welfare and amenities | 552,59,15,000 || 12 | miscellaneous working expenses | 515,54,09,000 || 13 | provident fund, pension and other retirement | || benefits | 2402,91,60,000 | 10,75,000 || 14 | appropriation to funds | 4213,84,83,000 || 15 | dividend to general revenues, repayment of loans | || taken from general revenues and amortisation of | | || over-capitalisation | 4,28,83,000 | || 16 | assets—acquisition, construction and replacement— | || revenue | 9,96,67,000 | 3,33,333 || other expenditure | | || capital | 7689,49,65,000 | 7,75,00,000 || railway funds | 3506,53,00,000 | 1,33,66,667 || railway safety fund | 283,06,67,000 | 26,66,667 || t | | || otal | | || : | 30431,97,60,000 | 29,33,46,000 | statement of objects and reasonsthis bill is introduced in pursuance of article 114(1) of the constitution of india, read with article 116 thereof, to provide for the appropriation from and out of the consolidated fund of india of the moneys required to meet the expenditure charged on the consolidated fund of india and the grants made in advance by the lok sabha in respect of the estimated expenditure of the central government on railways, for a part of the financial year 2010-11mamata banerjee ———— president's recommendation under article 117 of the constitution of india[copy of letter no 2010-b-400/2 dated the 22nd february, 2010 from km mamata banerjee, minister of railways to the secretary-general, lok sabha]the president, having been informed of the subject matter of the proposed appropriation bill providing for the withdrawal from and out of the consolidated fund of india of the moneys required to meet the expenditure charged on the fund and the grants made by the lok sabha for a part of the financial year 2010-11, recommends under clauses (1) and (3) of article 117 of the constitution of india, the introduction in and consideration by lok sabha, of the appropriation bill———— a bill to provide for the withdrawal of certain sums from and out of the consolidated fund of india for the services of a part of the financial year 2010-11 for the purposes of railways————gmgipmrnd—892ls—04032010 | Parliament_bills | 857d0df7-ae7b-5ef3-a9df-de009238202f |
financial memorandum «cis 2 of the bill provides that the central government shall provide compulsory military training to all the able-bodied citizens for a period ranging from one year to five years clause 4 provides that services of persons who have undergone military training | shall be utilised at the time of any emergency or otherwise the central government will have to incur expenditure i in respect of the provisions of the 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 ten crore _ anon-recurring expenditure of about rupees four 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 of detail only and as such the delegation of legislative powers is of anormal character | Parliament_bills | e1903205-1b6c-5669-a1d1-79fb67937abe |
bill no 63 of 2015 the constitution (amendment) bill, 2015 byshri at nana patil, 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:—short title statement of objects and reasonsthe problem of child labour has assumed alarming proportion in the country one of the primary reasons for this being that the households are finding it difficult to sustain themselves in view of increasing poverty and unemployment and hence engaging children in various kinds of hazardous works to increase their income the problem of child labour is also increasing as a result of increasing migration to urban areas due to little employment opportunities in rural areas even though government has implemented a number of schemes to root out this problem, the problem is still persisting article 24 of the constitution provides that no child below the age of fourteen years shall be employed in any factory or mine or engaged in any hazardous employment even under the right of children to free and compulsory education act, 2009, the provision for free education has been made for children upto fourteen years of age employers are using child labour not only to lower their cost of production but also to increase labour availability this happens due to widely prevalent poverty, illiteracy and other forms of economic deprivation since the law forbids employment of children below fourteen years of age only, the factory owners can lawfully employ children, who are in their tender years, in occupations that require hard labour this robs the childhood of small children and also makes them vulnerable to various forms of exploitationhowever, there are several other laws under which children have been defined as those who are eighteen years or below in view of this, it is not justifiable to keep age limit at fourteen years for the purpose of their employment the bill, accordingly, seeks to amend article 24 of the constitution with a view to increase the age limit for child labour to eighteen years this will help protect childhood of our future generation from any kind of exploitationhence this billnew delhi;at nana patilfebruary 5, 2015 annexure extract from the constitution of india 24 no child below the age of fourteen years shall be employed to work in any factory or mine or engaged in any other hazardous employmentprohibition of employment of children in factories, etc lok sabha—————— a billfurther to amend the constitution of india————(shri at nana patil, mp)gmgipmrnd—4748ls(s4)—03-03-2015 | Parliament_bills | e5cc69a9-0e2e-52fc-a0d6-c91616d40661 |
corrigeida to tile eyes (autiiority for use for tiferapejt1c ptffiposes) bill, 1978 do bfj/as introduced in lok sabha 7 fo r " 2" re ad 102" --2 page 2, line 16,-for-----adrnin~·tead·~ --after "case" 2!!!l! "in cases" -5 page- 4, line _ 4,-for -,·1t-procee<tings~_ read--~----- page -4, line 25,-for-'- tlfcum"_ re ad· -"the fodtt" --phalguna 4, 1899 (saka) , , biu no1 01 ltd the eyes (authority for use for therapeutic purpos'ib) bill 1978 billto provide for the use oj eyes of deceased persons for therapeutic purposes and for matters connected therewith be it enacted by parliament in the twenty-ninth year of the republic of india as follows:-1 (1) this act may be called the eyes (authority for use for therapeutic purposes) act, 1978 s (2) it extends to the whole of the union territory of delhi short title, extent and commencement (3) it shall come into force on such date as the admini~tor may, by notification in the official gazette, appoint z in this act, unless the colitext otherwise requires,-deilnitiou (a) "administrator" means the administrator of the union ter-10· ritory of delhi appointed by the president under article 239 of the constitution; (b) ··near relative", in relation to a deceased ~on, means any person related to him as spouse, parent, son, daughter, brother or sister and includes any other person who is related to him-is (i) by lineal consanguinity within three degrees or dr collateral consanguinity within six defi'ees; qr (u) oy marriage with any of the relatives aioreaid explanation-the expressions "lineal consanguinity" and "collateral consanguinity'" shall have the meanings respectively assigned to them in the indian succession act, 1925, and 390t 1925 degrees of relationship shall be computed in the manner laid down in that act; s (t:) "prescribed" means prescribed by rules made under this act; authorlt, !or" of eyei 01 deceued pe1'ioiii (d) "registered medical practitioner (ophthalmic)" means a medical practitioner who possesses any recognised medical qualification n defined in clause (h) of section 2 of the indian medical council 10 act, 1956, and possesses a post-graduate qualification in ophthal-2 of 1958 mology or a certificate showing that he had received training in enucleation procedure in the ophthalmic department of a hospital or teaching institution for therapeutic purposes approved by the administrator in this behalf and who is enrolled on a state medical 15 register as defined in clause (k) of the said section 3 (1) if any person had, either in writing or orally, in the presence of two or more witnesses (at least one of whom is a near relative of such person) unequivocally authorised, at any time before his death, the use of pis ~yes, il«er bis death, for therapeutic purposes (such person being 20 hereafter in th1s sub-section referred to as the donor), the person lawfuij¥ m'poijenion of the deacl body of the donor shall, unless he has any reason to believe that the donor had subsequently revoked the authorisation aforesaid, grant to a registered medical practitioner (ophthalmic) all reasonable f,acilities for the removal, for therapeutic purposes, 25 of the eyes from the dead body of the donor (2) where no such authorisation as is referred to in sub-section (1) was made by any person before his death but no objection was also expressed by such person to his eyes being used after his death for therapeutic purposes, the person lawfully in possession of the body of the 30 deceased person may, unless he has reason to believe that any near relative of the deceased person has objection to the deceased person's eyes being used for therapeutic purposes, authorise the removal of the eyes of the deceased person for their use for therapeutic purposes (3) the authority given under sub-section (1) or, as the case may 3s be, under sub-section (2), shall be sufficient warrant for the removal, for therapeutic purposes, of the eyes from the body of the deceased person; but no such removal shall be made by any person other than a registered medic$,! practitioner (ophthalmic) who h?d satisfied himself before such removal, by a personal examination of the body from which 40 eyea are to be removed, that life is extinct in such body t (1) no facilities hall be granted under sub-section (1) of section 3 and no authority shall be given under sub-section (2) of that sectfon for the removal of eyes from the body of a deceased person if the person ~uiroto grant such f~i1ities, or empowered to give such authority,4s removal of~ not to be authorf8ecl ill eertaid cull ~as 1'nioq to believe that an inquest may be required to be held in relation to such body in pursuance of the provisions of any law for the time being in force (j) ko authority for the removal of eyes from the body of a d - cealed persod shall b given by a peroll to whom sucb body hal b •• ~iltrusted solely for the puq)oae of intermtltt, cr'ertifticjtl or ~ dwr poal s (1) in the case of a dead body lying in a hospital or prison and not claijm,ed by any of the near relatives of the deceaaed penon, the authgrify s for the removal of the eyes from the dead body which so remains 1iilclaimed may be given, subject to the provisions of sub-section (2), ill the prescribed form, by the person in charge, for the time being, of the management or control of the hospital or prison or by an employee of such hospital or prison, authorised in this behalf by the person in ebarae 10 of the management or control thereof authority torr val ot elf in cui inc ofunclaba ed bodi in hospital or prilcin (2) the authority referred to in sub-section (1) shall not be givm except after the expiry of-(i) half an hour from the time of the death of the cgilcerned person, in cases where no facility for cold storage o,f tile dead bod)' is il available in the hospital or prison; or (ii) two hours 1rom the tij1le of the death of the ooneernecl petsglt, in cases where facility for cold storage of the dead body it li'ftilable in the hospital or prison (3) no authority shall be given under sub-section (1) if the person 20 empowered to give such authority has reason to believe that any near relative of the deceased is likely to claim the dead body even thougd such near relative has not come forward to claim the body of the deeeased within the time specified in clsum (i)or~, tl)e cae may be clause (ii) of sub-section (2) 2s explan4tion-for the purposes of this section, "hospital" includes a nursing home, medical or teaching institution for therapeutic purposes or other like institution authority torremoval of eyes from bodies sent for polt mortem uamina tiod for medicolepl purposes 6 wbere the death of a person it caused by accident or any other unnatural cause, and his dead body has been sent foe post mol'tem -ami-30 nation for medico-legal purposes, the person competent under this act to give authority for the removal of the eyes from such d~d body may, if he has reason to believe that the eyes will not be required for any medico-legal purpose, authorise the removal for therapeutic purposes, of:the eyes of such deceased person provided that he is satisfied that the deceased 3sperson had not expressed, before his death, any objection to hts e1es being used for therapeutic purposes after his· death or, where he ilad grmted an authority for the use of his eyes for ther~tit putpflise8' after his death, such authority had not been revoketd by him befoiie· his death 040 1 after tlie removal of the eyes from the body of the deceased persott, the registered medical practitiojer (ophthalmk) allah take such step fal' the preservation of the eyes so removed as may be prescribed preserva· tiod of ey removed from dead bodj, savin, • 8 (1) nothing in the tonegoing provisions of this act shall be construed as rendering unlawful any dealing with the body or with any part 4s of the body otf a deceased person if such dealing would have been lawful if this act had not been passed (2) neither the grant of, any facility or authority tor the removal of eye from the body of a deceased person in accordance with the provisions f this a~-dqr the removal of eyes (rom the body of a deceased person in pursuance of such authority shall be deemed to be an offence punishable under section 297 of the indian penal code • no suit, prosecution or other legal proceedings shall lie against any perlon for anything which is in good faith done or intended to be done s under this act proteetioa of action taken id good faith 10 (1) on the commencement of this act, the bombay corneal grafting act, 1957, as in force in the union territory of delhi, shall cease to be in fwee in the union ten'itory of delhi: cessation of operation of bombay act 23 of 19b7 provided that such cesser sihall not affect the previous operation of 10 the enactment aforesaid arid anything done or any action taken (including any authority granted, any direction or notice issued) under any provision 01 such enactment shau, in so f81' as it is not inconsistent with the provislons of this act, continue to be in force unless and wltil superseded by anything done or any action taken under this act is (2) any reference, in the enactment so ceasing to be in force, to any oftlcer, authority or person entrusted with any functions thereunder, shall be construed, where necessary, as a reference to the corresponding officer, authority or perl't>n functioning under this act 11 (1) the administrator may, by'dotification in the oftic:ial gazette, 20 make rules for carryin, out the provisions of this act | power ||----------|| make || naja | (2) in particular and without prejudice to the ,enerality of the ioreeom, power, such rules may provide for all or any of the rolluwinl matters, namely:-(4) form ill whieh removal of eyes from unclaimed bodies may be 2s authorised, as required by section 5; (b) the preservation of removed eyes, as required by section 1; (c) dy other matter which is required to be or may be prescribed (3) every rule made under this act shall be laid, as soon as may be 30 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 35 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 any thine previously done under that rule statementof objects and r&sonsmodern science has rendered possible the use of eyes of deceued persons for restoring sight to blind persons it is also possible to con- serve the eyes of deceased persona tor use at a future date with, view to taking full advantage of these developments and building up an eyebank in the union territory of delhi, the bombay comeal grafting act, )957, was extended to the union territory of delhi in 1964 by a noti1lcatiod under the union territories (laws) act, 1d5o 2 experience of the working of the act has revealed that it is deftcient in certain respects in the first place, under the act, eyes can be removed by any registered medical practitioner practising any system of medicine and recognised as a registered medical precti tioner under any law for the time being in force in india , the removal and preservati0ll 01 eyes requires special skill and special facilities if a person who is not suffi-ciently qualified removes the eyes, there is a danger of the eyes becoming useless for any purpose it is, therefore, considered necessary to ensure that only those who qualify as registered medical practitionem under the indian medical council act, 1956, and who have post-graduate qualifications in ophthalmology or who possess adequate experience and training in enucleation procedure are permitted to remove eyes from the bodies of deceased persons in the second place, the bombay act does not provide for the making of rules and experience has shown that the objects of the act can be better achieved if it is supplemented, with regard to details, by detailed rules in the third place, under the bombay act, eyes can be removed from bodies lying in certain hospitals or medical or teaching institutions for therapeutic purposes without obtaining the permission of any person with a view to respecting the wishes of the relatives of the deceased persons concerned and giving them an opportunity to claim the bodies, it is considered appropriate to prohibit the removal of the eyes from the bodies till such time as they do not get damaged and also to wait even beyond that period in cases where there is some possibility of the relatives claiming the bodies 3 it is intended to avail of the present opportunity to replace the bombay act as extended to the union territory of delhi by independent legislation which would give effect to the aforementioned proposals 4 the bill seeks to give effect to the above object new delhi; the 30th decemnel', 1977 raj narain clauee 11 of the bill empowen the adndnistrator to malie rulm it i& intended to mue suitable rules for giving publicity to the provtskrls oj the legislation 80 as to attract donations of eyes rules win also deal with the facilities for storage ot eyei though the smnbay cormal gmftinm act; 1~?, wbieh has been m force in the uftion tel'fitory of delhi does not pro!vide for the making of rules, the afanmentiened mat; ters have been, to some extent, regulated by administrative instroetiods and facilities have already been created in the union territory for the stonge of f!1es the expenditure in respect o~ the aforementioned ntatters is hemg met from out of the nonnal budgetary grants for eradication of bundhess hence, no additional expenditure of a recurring or n8ftret'urring nature over and above the said budgetary grants win be iaeurred on account of the provisionlr made in the bill memorandum regarding delegated legislationclause 11 of the bill empowers the administrator to make rules for carrying out the provisions of the bill the matters in respect of which rules may be made relate to the form in which removal of eyes of unclaimed bodies may be authorised, preservation of removed eyes, the manner in which publicity may be given to the provisions of the legislation and any other matter which is required to be or may be prescribed 2 the matters in respect of which rules may be made are of administrative detail and procedure, and as such the delegation of legislative power is of normal character a billto provide for the use of eyes of deceased persons for therapeutic purposes and for matters connected therewith (shri raj nat4in, ministr of health and 7amiltl w'lfan> | Parliament_bills | 67ea0c93-e4b2-5b13-a9e5-9350206ce4d1 |
corrigenda' the coal· mines provident 'fund and bonus schemes (amendment) bill, 1965(to be/as introduced in lok sabha) 1 page 1, in the marginal heading to clause 1,-for itshrpr t" read "short" ," 2 -page 7, against line 15, in the margin,-for "43" read "45" -3 page 11, line 40,-omi t "onlt 4 page 12, line 25,-for '"employees''' read iitemployees,", r 5 page16, line 1 from bottom,-for "by" read "1ntl -pto 6 page 16, line 2 from bottom,-for "consideration" read "introduction" -' 7 page 19, in the marginal head1ng-to sect1on-l~· after "mqt'-!;;'t' "insert "duen new delhi; march 29 1965 'chaitr a e, i887(saka' - biu no 22 of 196$ the coal mines providenr fund and bonus schemes (amendment) bill, 1965 a billfurther to amend the coal mines provident fund and bonus schemes act, 1948 be it enacted by parliament in the sixteenth year of the republic of india 3s follows:-1 (1) this act may be ollled the coal mines provident fund shrort and bonus schemes (amendment) act, 1965 title and 5 (2) it shall come into force on such date as the central govern- commen-, ment may, by notification in the official gazette, appoint cement 2 in section 2 of the coal mines provident fund and bonus amend-46 of 1948 schemes act, 1948 (hereinafter referred to as the principal act) ,- ment of section 2 (1) after clause (a), the following clause shall be inserted, 10 namely:-'(44) "coal" includes lignite;'; 2557 (b) ls-l (2) for clause ~b), the following clause shall be substituted, namely:-, (b) "coal mine" means any excavation where any operation for the purpose of searching for or obtaining coal has been or is being carried on, and includes-s (i) alliborings and bore holes; (ii) all shafts, in or adjacent to and belonging to a coal mine, whether in the course of 'being sunk or not; (iii) all levels and inclined planes in the course of being driven; 10 (iv) any open cast working or quarry, that is to say, an excavation where any operation for the purpose of searching for or obtaining coal has been or is being carried old, not being a shaft or an excavation which extends below superjacent ground; 15 (v) all conveyors or aerial rope-ways provided for the bringing into or removal from a coal mine of coal or other articles or for the removal of refuse therefrom; (vi) all adits, levels, planes, machinery, works, railways, tramways' and sidings, in or adj~cent to and be- 20 longing to a coal mine; (vii) all workshops situated within the precincts of a coal mine and under the same management and used for purposes connected with that coal mine or a number of coal mines under the same management; 25 (viii) any office of a coal mine; (ix) all power stations for supplying electricity for the purpose of working the coal mine or a number of coal mines under the same management; (x) any preinises for the time being used for deposit- 30 ing refuse from a coal mine, or in which any operation in connection with such refuse is being carried on, being premises exclusively occupied by the employer of the coal ~ne; (xi) all hospitals and canteens maintained for the benefit of the employees of a coal mine or a number of 3s coal mines under the same management; (xii) any coke over or plant; (~ii) any premises in or adjacent to and belonging to a coal mine, on which any plant or other machinery connected with a coal mine is situated or on which any process ancillary to the work of a coal mine is being carned on'; s (3) for clause (d), the following clause shall be substituted, nameiy:-'(d) "employee" means any person who is employed for wages in any kind of work, manual or otherwise, in or in 10 connection with a coal mine, and who gets his wages directly or indirectly from the employer, and include&-(1) any person employed by or through a contractor in or in connection with a coal mine, and is (2) for the purposes of the coal mines provident fund scheme, also (i) any other person who is employed as a sweeper, mali, teacher or domestic servant in or in connection with a coal mine and who receives wages directly from the employer, and 20 (ii) any apprentice or trainee who receives stipend or other remuneration from the employer'; (4) for clause (e), the following ciause shall be substituted, namely:-'(e) "employer", when used in relation to - coal mine, 25 means any person who is the immediate proprietor or lessee or occupier of the coal mine or of any part thereof and in the case of a coal mine the 'business whereof is being carried on by a liquidator or receiver, such liquidator or receiver and in the case of a coal mine owned by a company the 30 business whereof is being carried on by a managing agent, such managing agent; but does nfjt i~clude a person who merely receives a royalty; rent or ftne from the coal mine, or is merely the proprietor of the coal mine, subject to any lease, grant or licence for the working thereof, or is merehr 3~ the owner of the soil and not interested in the coal of the coal mine; but any contractor for the working of a coal mine or any part thereof shah be subj ect to this act in like manner as if he were an employer, b~'t not so as to exempt the eil\ ployet' from any ~~bi1ity;'; (5) in clause (f), the word "and" occurring at the end shall ------- -_be_omitt~ and~ter that clause, the following clause shall be inserted, namely:""::-'(if) "managing agent" has the meaning assib'tled to it 3 in section 3 of the principal act, after sulb-section (1), the following sub-section shall be inserted, namely:-in the companies act, 1956; and' amendment of section 3 " (1 a) the fund shall vest in, and be administered by, the board constituted under section 3a" 4 after section 3 of the principal act, the following sections shall 10 be inserted, namely:-insertion of new sections 3a to 3d constitution of board at trustees "3a (1) the central government may, by nouftcation in the official gazette, constitute, with 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 is the board) consisting of the following persons, namely:-(a) a chairman appointed by the central government; (b) the cool mines provident fund commiss~oner, e:r; officio; (c) three persons appointed by the central government; 20 (d) not more than six persons representing govem~ ments of such states a5 the central government may specify in this behalf from time to time, appointed by the central govemmeht; (e) six persons representing employers, a·ppointed by 2s the central government after consultation with such organisations of employers as may be recognised by the central government in this ·behaij, and of whom at least one shall be a ·person who is not a member of any such c:ft'tanisation; (f) six persons representing employees, appointed by 30 the central gcvernment after consultation with such organisations of employees as may be recognised by the central government in this behalf and of whom at least one shall be an employee himc;elf and at least one shall be a person who is not a member of any 'such organisation 3s (2) the terms and conditions subject to which a member of the board may be appointed and the time, j?lace and procedur~ of the meetings of the board shall be such as may be provided for in the coal mines provident fund scheme - --------- -- (3} the board shall administer the fund vested in it in such manner as may ,be specified in the scheme aforesaid s (4) the board shall perform such other functions as it may be required to perform by or under any provisions of the scheme aforesaid 10 3b the board of trustees constituted under section 3a shall board be a body corporate under the name specified in the notification : trusconstituting it, having perpetual succession and a common seal bee~ to and shall by the said name sue and be sued body corporate-3c (1) the central government shall appoint a coal mines appoint-provident fund commissioner, who shall be the chief executive ment of officer of the board and shall be subject to the general control offtcers and superintendence of the board is 20 (2) the central government may also appoint as many other officers, whose minimum monthly salary in the scale of pay (if any) applicable to them is not less than four hundred rupees, as it may consider necessary to assist the coal mines provident fund commissioner in the discharge of his duties (3) subject to the provisicns of sub-sections (1) and (2), the board may appoint such other officers and employees as it may consider necessary for the efficient administration of the coal mines provident fund scheme (4) the method of recruitment, salary and allawance3, discipline and other conditions of service of the coal mines provident fund commis3ioner shall be such as may be specified by the central government and such salary and allowances shall be paid out of the fund 30 (5) the method of recruitment, salary and allowances, discipline aa4 other conditions of service of other officers and employees of the board shall he such as may be specified by the board with the approval of the central government 35 3d (1) where any employee who is a subscriber to any trauprovident fund of the coal mine in which he is employed becomes fer of a member of the fund in accordance with the provisions of any accounta coal mines provident fund scheme, the accumulations in the providle!nt fund of the coal mine standing to the credit of the employee shall, notwithstanding anything to the ~ontrary con-tained in any law for the time being in force or in any deed or other instrument establishing the provident fund but subject to --- -------__ the provisions, if any, contained in the scheme be transferred by such person and within such time as may b~ provided in :iihe scheme, to the fund and shall be credited to the account of the s employee in the fund (2) where a ·member of the fund leaves his employment in a coal mine and obtains re-employment in any other establishment (not being a coal mine to which the coal mines provident fund scheme applies) and becomes a subscriber to 10 anyprovident fund of that establishment, the amount of accumulations to the credit of such employee in the fund shall be transferred, within such time as may be specifted by the central government in this behalf, to the credit of his account in the provident fund of the establishment in which he is re-employ- 15 ed, if the employee so desires and the rules in relation to that provident fund pennit such transfer (3) where any employee who is a subscriber to any provident fund of an establishment (not being a coal mine to which the coal mines provident fund scheme applies) leaves his 2q employment in that establishment and obtains re-employment in a ~ mine and becomes a member of the fund, the amount of accumulations to the credit of such employee in the provident fund of the establishment left by him shall, if the employee 80 desires and the rules in relation to such provident fund so 25 permit, be transferred to the credit of his account in the fund" amend_ 5 in se~tian 5 of the principal act, after sub-section (2), the ment of fonowing sub-sectian shall be inserted, namely:-sections "(3) the employer shall pay the bonus in accordance with the scheme as aforesaid" 30 8 m~r section 7 of the principal act, the following section sha'n be inserted, namely:-"7a (1) the coal mines provident fund commissioner or my other officer duly authorised in this behalf by the central government may, by order, determine the amount due from any 35 employer under any provision of this act or of any scheme framed thereunder and for this purpose may conduct such enquiry ii$ be jd'y· clmn necessary insertion of new section 'ia determination of moneys due from emp- loyers (2) the officer conducting the enquiry under sub-gection (1) shall, for the purpose of such enquiry, 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 mlltters, narnely:-\ 501 1908 5 (4) enforcing the attendance of any person or examining him on oath; (b) requiring the discovery and production of documents; (c) receiving evidence on aftldavit; 10 (d) issuing commissions for the examination ef witnessese , : i:j ' ~ and any such enquiry shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228, and for the purpoae of section 196, of the indian penal code 43 of 1860 15 (3) no order determining the amount due from any employer shall be made under sub-section (1) unless the employer is given a reasonable opportunity of representing his case 20 ·1 " (4) an order made under this section shall be final and shall not be questioned in any court of law" i 7 in section 9 of the principal act,- amend-ment of (a) for sub-section (1), the following sub-section shall be section t substituted, namely:-"(1) if any person-(a) contravenes any provision of this act or of any scheme framed thereunder, he shall be punishable with imprisodment for a term which may extend to six mon~hs, or with fine which may extend to one thousand rupees, or with both; 30 35 (b) who has been convicted of any o1fence punishable as aforesaid is again guilty of any such offence within a period of two years from the date of the previous conviction, he shall be punishable on conviction with imprisonment for a term which may extend to one year, or with fine which may extend to two thousand rupees, or with both"; , (b) in ,sub-section (2), for the words "any' such scbeme';, the ,word, brackets and figure "sub-section (1)" shall be substituted· -- -- , (c) after sub-section (2), the following su'b-section shall be inserted, namely: -s "(3) no coul"t inferior to 'that of a presidency magistrate or a magistrate of the first class shall try any offence punishable under sub-secflion (1) u s in section 10 of the principal act,-(a) in sub-section (2)-10 amendment of section 10 (i) for clause (a), the following clause shall be substituted, namely:-u (a) require an emplqyer or any contractor from whom any amount is recoverable under section toe-(i) to furnish such infonnation, or is (ii) to produce in the office qf the inspector or s~ch other place as may be nearer to the employer or, as the case may be, the contractor, such accounts, books, registers and other documents, relating to the employment of persons in a, coal mine 20 as the inspector may consider necessary for the purposes of any scheme framed under this act;"; (ii) in clause (b), for the words "enter any coal mine or its office", the words "and with such assistance, if any, as he may think fit, enter and sea:rch any coal mine" shall be 2s su~itu~; (iii) in clause (c) ,-"" (i) after the word "employer", the wonif, figures and letter "or any contractor from whom any amoun~ is recoverable under section l()e" shall be inserted; 30 (ii) the words "or its office" shall be omitted; (iv) after clause (c), the following clauses shall be inserted, namely:-"(d) make copies of, or take extracts from, any accounts, books, registers or' other documents m'aintain~ 35 ed in relation to a coal mine and where he has reason to believe that any offence under tbia act baa been committed by an employer or contractor, seize with su~ _~istance' 81 he may think fit, 8uch ~nts, boob, registers or other documents or portions thereof as he may conaider relevant in respect of that offence; (e) exercile such other powers 81 any such scheme may provide"; (b) after aujbsection (2), the following aub-&ectioda shall be inserted, namely:-10 "(2a) every person required to furnish any information or produce any doctmlent under clause (4) or clause (b) of sub-section (2) shall be d~med to be legally bound to do 80 within the meaning of section 175 of the indian penal code ,of i • is (%8) the prdvisiods of the code of criminal procedure, 1898 shall, 80 far as may be, apply to any search or aeizure under sub-section (2) as they apply to any search or seizure made under the authority of a warrant ialuecl under section 98 of the said code" 9 in section loa of the principal act, aftel1 the words "any !amend· 20 scheme framed under this act", the words, brackets, ftgurea 1/1 and ::: of letters "or any accumulations required to be transferred under sub- 1m on section (1) or sub-section (3) of section 3d or ,any damages recoverable under section lof or any charges p~yable by the employer under this act in respect of the administration of any such scheme" 2, shall be inserted , 10 after section loa of the principal act, the following sections ldiertiad aball be inserted, namely:-_, :: ]0 lob 1:0 101' '- -ulob (1) where the employer !s a finn or oth~ aarocjation determiof individuals, all, or any of the partners or members thereof, nation of or where the employer is a company, all or any of the directors ;:nplopt thereof, may be prosecuted and punished under this act for any tame-offence for which the employer is punishable: e8m1 provided that where a firm, association or company hu jiven notice in writing to the coal mines provident fund com· missioner or any officer specified by the central government in this behalf that it has nominated,- (4) in the ease of a firm, any of its partners, ---(b)-in the ease ·of an association, any of its members, (c) in the case of a company, ~y of its directors, who is resident in each case in any place to which this act atends uld who is in eaoh oaseeither in tact in cherge of the 5 management of, or holds the largest iluiil'ber of ~ares in, such firm, association or company, to assume the responsibility of the 'eidlployer fat the purp03es of this act or of any scheme framed thereunder, such partner, member or director, as the ear may be, shall, so long as he continues to so reside aild ,be in charge or 10 hold the largest number of shares as aforesaid, be deemed to be the employer for the purposes of this act or any scheme lramed thereunder unless a notice in writing cancelling his domioation or stating that he has ceased to be a partner, member or director, as the case may be, is received:by he coal mines provident 15 fund commissioner or any officer specified by the central government in this behalf ·(2) where the employer is a government or any local authority, all or any of the oftlcers or persons authorised by such government or local authority, as the cue 20 may be, to manage the affairs of the coal mine, "imall, notwithstmdiftg any thing to the contrary contained in any law or contract for the time being in force, be deemed to be the 8lilployers or employer in respect of the coal mine and may be proaecuted iiu'ld padished under this act for any offence for which the 25 employer is punishable loe: (1) the central government may, by ootifteation in the ofticial gazette, direct that any power exercisable by it under this act or any scheme framed thereunder shall, subject to such conditions, if any, as may be specified in the noti- 30 ftcation, be exercisable als~o by the coal mines~dent fund commissioner or any officer authorised in this 'behalf by the central government (2) -rile board· may delegate to its c~airman or the coal mines provident fund commissioner or any other ofb~r of 35 the board, subject to such conditions and limitations, if any ,as ·the ,board ~ay specify, such of the powers and functio~ of the·board under this act or any scheme framed thereunder ' the board may deem necessary for the eftlclen~ adminiltra tloil of any scheme framed uncl~ this aet 40 lqd • (1) the contribution shall be payable by the em- ~t ~er (hereinafter referred to as the employer's ,contribution) of contrland _by jhe_ employ~(hereinafter referred to as the ein- buttc:n by 5" ployee'~ contribution) at such rat~ as may be specifted in the ::::!ei'i cojl mines, provident fund scheme, and the employer shall covery pay the employer's contribution as well as the employee's ' cod- thereof tribution, whether or not he has recovered from any employee from the employee's share of the contribution =-(2) the amount of anycontri·bution paid by, the employer on behah of a member shall, no~ithstancung anything to the contrary contained in ~ny other law for the time being in force or any contract, be recoverable by means of deduction from the wages of the member and not otherwise is 20 (3) save as otherwise provided in the coal minelt provident fund scheme, no' deduction under sub-section (2) shall be made from any wages other than such as are paid in respect of the period for which the contribution is payable (4) notwithstanding any contract to the contrary, the employer shall not be entitled to deduct the employer's contributioll or the charges referred to in section loa' from the wages of a member or otherwise to recover such contribution 01' charges from such member oj " 30 loe (1) the amount of contribution (that is to say the recovel7 employer's contribution· as well as the employee's contribution) of moni and any charges referred to in section loa paid or payable br eid-by an employer in respect of an employee employedby or :r:r~, through a contractor and any bonus paid or payable under any taictprjlj coal mines bonus' scheme in respect of any such employee may be recovered by such employer from the, contractor either by' deduction from any amount payable to the contractor under any contr,act ,or as a debt payable by the contractor - " (2) a contractor from whom the amounts mentioned in subaeetion (1) may be recovered in respect of qny employee employed by or through him may, sav~ as otherwiae provided 3s in the coal mines provident fund scheme, recover from such ep:nployee the employee's contribution under any ~uch scheme by deduction from the wages payable to the employee ,subject to the condition that no such deduction shall be made from , ,~ wases pther than such as are payable in respect of the 40 period to which the employee's contribution on"~' (3-)' notwithstanding any' contract to the contrary, no contractor ahal1 be entitled, to deduct the employer's contribution --------- ----or the charges or bonus referred to in sub-aection (1) from the amount payable to an employee employed by or through him q1' otherwise to recover such contribution or charges or bonus s ~ auch employee power nco" lof where an employer makes default in the payment at any contribution or bonus or any charges payable by him under any acl1emeframed under this act, or where any person who i8 required to transfer provident fund act:umulations in accord- 10 ance with the provisions of sectioil 3d makes default in the transfer of such accumulations, the central government may recover from such employer or person, as the case may be, 8i1ch ~amages, not exceeding twenty-five per cent of the amount of ~ars, as it may think fit to impose" is 11 after section iia of the principal act, the following section shall be inserted, namely:-cub if aj:ly diftlculty arises in giving effect to the provisions of this act or any scheme fram~ thereunder, the central government may, by order published in the oftlclal gazette, ~o make such provision or give such direction not inconsistent with the purposes of this act, as it appears to it to be necessary or expedient for removing the diftlcu1ty" 12 in the first schedule to the principal act-amacl mat at pkit schedule (a) in item 2, for the word "employeesutbe words and 2s brackets "employees (whether employed by an employer directly or by or through a contractor) ," shall be substituted; (b) after item 2, the following uem shan be inserted, lwjle1y:-"2a the manner in which employees' contributions 30 uay be recovered by contractors from employees employed by or through such contractors"; (c) for item 4 the following item shall be substituted, namely:-114 the constitution of any committee foramisting the 3s 'd_ "", ii ,pyai 'u , (ei) for, item ~, the following item ahall be substituted, namly:~ '~ the opening ot regional and other' omen"; (e) in item 1, tor the words "and the maximum amount of such deduction or forfeiture", the words ",the m8ximum amount of 1uc:!h deduction or forfeiture and the utilisation of such deducted or forfeited amounts" shall be substituted; "r 1 (f) in item l1, after the word "employer", the words "or contmctor" shan be inserted; 10 (g) far item 14, the following items shall,'be substituted, namely:-"1 sa the manner in which accwriulations in any existing provident fund shall be transferred to the fund under section 3d, and the mode of valuation of any assets which 15 may be transferred by the person administering such provident fund 14 any other matter which is to be provided for in the coal mines provident fund scheme or which may be necessary or proper for the purpose of implementing that 20 scheme" schedule 11 in the second schedule to the principal act,-amend medtot «i) in item 6, after the word "employer", the words "or secodd contractor" shall be inserted; 2s (b) for item 7, the following items shall be substituted, namely:-"m the transfer, by an employer to the fund or any other fund specified -4 by the central government, of the amount of bonus remaining unpaid or unclaimed for a period of six months from the end of the quarter to which the bonus relates and the extinguishment of the employer's liability to his employees to the extent of the amount so transferred 7 any other matter which is to be provided for in the coal mines bonus scheme or wbich may be necessary or proper for the purpose of implementing that ~heme"t contidu-' "1l the' boiii'd 'of'~codst1tuted udqer the coal,mines pr0-=: vident fwld scheme and functioning immediately befor -tae com----boud!t --- mencement ,~f this act shall, until the constitution of a b9~ of trutees trustees' under section 3a of' the pnnclpal act as amended by this ¥, be deemed to be tbe, board of trustees constituted under the s tradsfer allervic:e of employees or the u1stinc board to the new board said section sa " , , " 15 every person who is employed immediately before' the' commencement of' this act under tibe board ot trustees 'codst1tuted under t!:te ~oal mines provident fund scheme and functioning immediately before such commencement (j1erein~er in this section 10 referred to as the existing board) ahall, on and from such com-~,becgme an employee of the board of trustees, constituted or deemed to be constituted under section 3a of the principal act as amended by this aat (hereinafter in this section referred to as the- 'di'w':' boam-), and shall hold his: oilce or service under the new j s 'lburd:b;yt'the·same tenure, at the sameremuneratioll ancl upon the same terms and conditions: and with the same· rights and privileges u' to pemion, leeve,gratwty, prowdeat·fudd, and other matters as he would have held the sa~ if this act had oot beg, passed, and shall continue to do so unless and until his employment is terminated 20 or wltil such tenure~ remuneration and terms and conditions are duly altered !by the'new board:' , -~ provided'bat the tenuret remuneration and tej:ms and~nditioda of service of any such person shall not be altered to his disadvantage without the prevjous approval of the central government 2s statement of objects and rbasonsthe coal mines provident fudd and bonus schemes act, 1948, me1res provision for the framing of provident fuad and bonus schemes for persons employed in' coal mines the dumber of subsen·bera under the schemes is more than four jalrbs theaccumulations in the fund invested in the central gowrnment -witles amounted to rs 44· 30 crores at tlie end of september, 1964 the act was last amended in 1951 since then the working of the act has revealed certain lacunae which are proposed to be rectifted by means of this bill , the main amendments proposed to the original act are as follows:-(i) the existing definitions of the terms 'coal mine', 'employee' and 'employer' are being suitably revised to make them more comprehensive and to bring'them in line 'lv1'th' the amendments made in th~ 'mines act, 1952 and the employees' provident ·funds act, 1952 the teml 'employee' will now include persons employed by or tbro~gh a contjiactor malis, sweepers, domt!stic servants and teachers employed ,iii or jn connection with coal mines along with apprentices or trainees who receive stipend or other remude'ration c:iil'8etly from the 'ejilployer are also proposed to be included within the 'deftilition of the tenn 'employee' toanable them to 'get the _neat of provident fund (ii) ia new provision is being made for transfer of provident fund accumulations from other provident funds to coal mines provident fund and vice versa on transfer of the em ployees from one establishment to another to ensure the continuity of their provident fund ' -1 (iii) provision is also being made for enhanced penalty of imprisonment up to one year or fine of rs 2,000 orboth for contravention of any of the provisions of the act or the schemes within two years of previous conviction (iv) in view of the difficulties experienced in giving the benefit of the provident fund to the employees employed by or through contractors provijion i8 being made to enable the colitractors to ncover the amount of members' contributiodl r:from such employees and to make it obligatory on the contractors to _ pay to the employer the amount paid by the employers on account of the employees employed through the contractors (v) provision is also being made for the recovery of damages from the employers in cases of default in the payment of any contribution or any charges under any scheme or in transferring prowdent fund accumulations the bill seeks to give effect to the above proposals new delhi' , asoke kumar sen the 4th march, 1965 president's recommendations under article 117 of the constitution of india[copy of letter no 1 (34) /64-pf-i, dated the 20th ma!reh, 1965 from shri asoke k -ben, minister of law and social security to the secretary, lok sabha] the president of india having been infonned of the subject matter of the coal mines provident fund and bonus schemes (amendment) bill, 1965 has, in pursuance of clause (1) of article 117 of the constitution, recommended the consideration of the bill by the lok sabha memorandum regarding delegated legislationclauses 12 and 13 of the bill seek to amend the first and second schedules of the cord mjftes provident fund and bonus schemes act, 1"948 which prescribe matters tq be provided for in the coal mines provident fund sche1nes and in the coal mines bonus schemes the matters: proposed to be included in the aafd schedules· inter cilia relate to the manner of recovery of contributions by contractors, the manner in which accumulations in the existing pro-- vident fund shall be transferred to the fund and vice verbci these matters are matters of procedural detail andlhe delegation of legislative power with respect to them is of a nomial character 11 2557 (b) ls-3 annexure extracts from the coal mini's providbnt fmm and bonus schemes act, 1948(46 of 1948) - - - - interpretation z in this act, unless there is anything repugnant in the subject or context,-- - - - - (b) "coal mine" means any excavation where my operation for the purpose of obtaining coal has· been or is being carried on, and includes all works, machinery, tramways and sidings, whether above or below ground, in or adjacent to or belonging to a coal mine: provided that jt shall not include any part of the coal mine on which a manufacturing process is being carried on unless such process is a process for coke-making or the dressing of minerals; - - - - - (d) "employee" means any person who is employed in any kind of wor!t, manual or otherwise, in or in connection with a coal mine and who gets his wages directly or indirectly from the employer; (e) "employer" means the owner of a coal mine as defined in clause (g) of section 3 of the indian mines act, 1923 " of 1923 - - - - - penalty 9 (1) any scheme framed under this act may provide that any person who contrayenes any of the provisions thereof shall be punishable with imprisonment for a tenn which may extend to six months, or with fine which may extend to one thousand rupees, or with both (2) no court shall take cognizance of any offence punishable wtder any such scheme except on a report in writing of the facts constituting such offence made by an inspector with the previous sanction of such authority as may be specified in this behalf by the central government 10 (l) - - - - - - (2) an inspector may, in respect of any coal mine within his 'jurisdictron,~-----' -" ',' "', '---''-(a) require an employer ,'to fumiab such information as he may consider necessary for the purposes of any scheme framed under this act; , (b) at any-reasonable time, enter any coal mine or iti ofbce ana require anyone found in charge thereof to produce before him such accounts, books, registers and other documents relating to the employment of persona in the coal mine as he may ,consider necessary; :, 1 i," (c) examine, with respect to any matter relevant to any of the purposes aforesaid, tpe employer, his agent or servant or any other person found in charge of the coal mine or its oftlce or whom the inspector has reasonable cause to believe to be or to have been an employee! in the coal mine - - - - - - - loa any amount due from an employer in 'respect of any contri-mode of bution or bonus undep any schenf'e framed tinder this act may be rec0gel') recovered by the central government in the same manner as an at money arrear of land revenue from an employer - · ' - the first schedule (see section 3) matters to be prooided for in the coal mines provident fund scheme - • - • •2 payment of contributions to the fund by employers and by, or on behalf of, employees, the rate, time and manner of such payment and the manner in which such contributions may be recovered - - - - - 4 the constitutioh of a board of trustees consisting of nominees of the central government and representatives of employers and employees nominated by the central government in consultation with the representative organisations concerned, subject to the condition that the number of the representatives of the employees shall not be less than the number of the representatives of the employers; the number of trustees and the terms and conditions under which they may be nominated, and the time, place and procedure of meet-, ings of the board 5 the appointment at of!lcers and servants of the board and the opening of regional and other offices - - - - - '7 the conditions under which withdrawals from the fund may be permitted and any deductiol\ or forfeiture may be made and the maximum amount of inch deduation or forfeiture - - - - - 11 the registers and records to be maintained by the employer and the returns to be fumdshed by him - - - - - 14 any other matter which may be necessary or proper for the purpose of implementing the coal mines provident fund scheme 'me second schedule(see section 5) mattets to be provided fot in the coal mines bonus scherr&e - - - - - 6 the relisters and records to be maintained by the employer and the returns to be furnished by him ~ any other matter which may be necessary or proper for the purpose of implementing the coal mines bonus scheme a bill further to amend the coal mines provident fund and bonus schemes act, 1948 (shri asoke k sen, minister of law and social secunty) | Parliament_bills | 03c444fa-9c76-5125-af81-244f63784165 |
bill no 104 of 2010 the agricultural workers welfare bill, 2010 by shri at nana patil, mp a billto provide for the welfare of agricultural workers and for matters connected therewithbe it enacted by parliament in the sixty-first year of the republic of india as follows:—1 (1) this act may be called the agricultural workers welfare act, 2010short title,extent andcommencement(2) it extends to the whole of india (3) it shall come into force at oncedefinitions52 in this act, unless the context otherwise requires,—(a) "agricultural workers" means a person who follows one or more of the following agricultural occupations in the capacity of labourer on hire or in exchange whether in cash or in kind or partly in cash and partly in kind:—(i) farming, including the cultivation and tillage of soil; (ii) dairy farming;(iii) pisciculture; (iv) production, cultivation, growing and harvesting of any horticulture,floriculture commodity;(v) raising of livestock, bee-keeping or poultry;5(vi) any practice performed on a farm as incidental to, or in conjunction with, the farm operations (including any forestry or timbering operations and the preparation for market and delivery to storage or to market or to carriage for transportation of farm products); and(vii) growing fodder or thatching grass or for grazing cattle;10(b) "appropriate government" means the central government or a state government, as the case may be;(c) "prescribed" means prescribed by rules made under this act153 (1) as soon as may be, but not later than one year from the commencement of this act, the central government shall, in consultation with the state governments, formulate a scheme for the welfare of agricultural workersformulation of a scheme for the welfare of agriculture workers(2) without prejudice to the generality of the foregoing provision, the scheme shall provide for the agricultural workers,—(i) a comprehensive insurance scheme; (ii) old age pension; (iii) free health care facilities; and20(iv) payment of compensation in cases of accident during agricultural operationsimplementation of the scheme4 the appropriate government shall take steps to implement the schemes formulated under section 3 in such manner and within such time as may be prescribed255 (1) the central government shall constitute a fund to be known as the agricultural workers welfare fund to which the central government and the state governments shall contribute in such ratio as may be prescribedconstitution of agricultural workers welfare fund(2) the fund constituted under sub-section (1) shall be utilized to give effect to the provisions of this act30power to make rules6 (1) the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act35(2) every rule made under this section shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both the houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule statement of objects and reasonsthe economy of our country depends, to a considerable extent, upon agriculturemore than 65% of the population in the country is directly or indirectly engaged in agriculture lakhs of workers are involved in agricultural operations but their role as key contributors in the national economy has never been given due importance they live in miserable conditions they are not even paid the minimum wages which they are entitled to get they do not have any access to health care, pension and other such benefitsthe miserable living conditions of the agricultural workers largely go unnoticed as they are in unorganized sector and they do not have any forum to vent their grievances they have been a neglected lottherefore, it is proposed in the bill to formulate a scheme for the welfare of agricultural workersnew delhi;at nana patiljuly 27, 2010 financial memorandumclause 3 of the bill provides for formulation of a scheme for the welfare of agricultural workers clause 4 provides for implementation of the scheme for the welfare of agricultural workers clause 5 provides for constitution of an agricultural workers welfare fund the bill, therefore, if enacted, would involve expenditure from the consolidated fund of india it is estimated that a recurring expenditure of about rupees ten thousand crore per annum will be involveda non-recurring expenditure of about rupees five hundred crore is also likely to be involved memorandum regarding delegated legislationclause 6 of the bill seeks to empower the central government to frame rules for carrying out the purposes of the bill as the rules will relate to matters of detail only, the delegation of legislative power is of a normal character———— a billto provide for the welfare of agricultural workers and for matters connected therewith————(shri at nana patil, mp)gmgipmrnd—3966ls (s5)—18-08-2010 | Parliament_bills | d10c4948-aa96-5996-ac9d-8e92ca904bff |
boi no 183 of 1885 -the inland waterways atrrho~ty of india bill, 1985 arrangement of clauses chapter i preliminary clauses1 short title and commencement 2 definitions chapi'er ii inland watdways atrmority of india3 constitution and incorporation of the inland waterways aulhority of india 4 conditions of service of memben; 5 powers of chairman and vice-chairman 6 hemoval, etc, of members 7 vacancy, etc, not to invalidate proceedings of the authority 8 secretary and other officers 9 advisory committees 10 authority to act on business principles chapter iii property and cqntracts11 transfer of assets and liabilities of the central government to the authority 12 contracts by the authority 13 mode of executing contracts on behalf of the authority chapter iv functions and powers of the authority14 functions of the authority 15 amendment of schemes 16 power to fix maximum and minimum rates for passenger fares and freigh" for goods chapter v finance, accounts and auditclauses -\ ~ , 17 levy and collection of fees and charges 18 grants and loans by the central government 19 constitution of the fund - ' 20 budget 21 investment ~ funds 22 annual report 23 accounts and audit 24 annual report and auditors' report to be laid before parliamedt chapter vi mlscellaneous25 power of central government to issue directions 26 compulsory acquisition of land for the authority 27 application, etc, of certain laws 28 power to enter 29 delegation 30 authentication of orders and other instruments of the authority 31 members, officers and employees of the authority to be public servants 32 protection of action taken in good faith 33 power of central government to supersede the authority 34 power to make rules 35 power to make regulatioju , 36 rules and regulations to be laid before parui,ment 37 power to remove diftlculties 38 amendment of act 49 of 1982 bill eo provide for the constit1ltion of an authority tor the regulation grd development of inland waterways for pu7'poses of shipping aftd navigption and for matters connected th(irewith or incidental thereto be it enacted ·by plu"liament in the thirty-silcth year of the republic of india a's follows:- chapter i preliminarys 1 (1) this act may be called the inland waterways authority of iljclia act 198~a :::~ (2) it- shall come into force on such date as the qentralgovemment may, by notification in the official guette, appoint com~· - me •• ment z in this act, unless the context otherwise requires,-deftni· tions 10 (a) ilappurtenant land" means all lands appurtenant to a natipnal waterway, whether denuu-cated or not; (b) "authority" means the inland waterways author~ty of india constituted under section 3; (c) uchannel" means any waterway, whether natural or artificial; 15 (d) iiconservancy" includes dredging, training, closure, diversion' or abandoning channels; (e) i'conservancy meuu1es" means mea&~ for p~ of conservancy, but· does not include measures for protection of banles against floods or for restricting banks which have become eroded mainly on account of reasons not connected with shipping and navigation; (f) "infrastructure" includes structures such as docks, wharves jetties, landing stages, locks, buoys, inland ports, cargo handlidg 5 equipment, road and rail access and cargo storage 8pilces, ~d the expression "infrastructural facilities" shall be construed accordinw; (g) "member" means a member of the authority appointed under sub-section (3) ,)f section 3; (h) "national waterway" means the inland waterway declared 10 by section 2 of the national waterway (allahabad-haldia stretch of the ganga-bhagirathi-hooghly river) act, 1982, to be a national ""of ui82 waterway explanation-if parliament declares by law any other waterway to be a national waterway, then from the date on which such 15 declaration takes effect, such other waterway-(i) shall be deemed also to be a national waterway within the meaning of this clause; and l, (ii) ,the provisions of this act shall with necessary modifications (including modifications for construing any reference tc 20 the commencement of this act as a reference to the date aforesaid) apply to such national waterway; (i) "navigable channel" means a channel navigable during the whole or a part of the year; (j) "prescribed" means prescribed by rules made under this 25 act; (k) "regulations" means regulations made by the authority under ,this act; and (1) "rules" means rules made by the central government ldlcler this aet chapter ii inland watdways authority of lnma3 (;1) with effect from such date as the central gqverllld8llt dulj' bj dotiftcation in the official gazette, appoint in this behalf, then sbajj be eautituted 'or the purposes of this act ad authority,o be called the 35 inland waterways authority of india (2) the authority shall be a body corporate by the name aloreaald, having perpetual succession and a common seal with power, subject tid the provisions of this act, to acquire, hold and dispose of property, both movable and immovable, 'and to contract· and shall by the said name sue fa and be sued codatltulion and' ~ ration of the inland waterways autho-iity or india (8) the authority shall consist 'of the following ~ber&, name1y:-(a) a chairman; (b) a vice-chairman; and '(c) 'such number of persons, not exceeding five, to be appointed by the central government (4) the awtharity may associate with itself, in such manner, and for such purposes as may be determined by regulations, 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 5 in the discussions of the authority relevant to the purpose for which he has been associated, but shall not be entitled to vote 4 the term of olke and other conditions of service of the members shall be such as may be prescribed conditions of service ofmembers 5 (1) the chairman of the authority shall, in addi1ion to presiding powers of chairman and vice--chairman 10 over the meetings of the aqthority, exercise and discharge such powers and duties of the authority as may be delegated to him by the autherltty and such, other powers and duties 'as may be prescribed (2) the vice-chairman of·the authority shall exercise and discharge such of the powers and duties of the chairman as may be pi;eecri'bed or 15 as may 'be delega1ed to him by ;the chairman removal, etc, of members 6 (1) the central government may remove from the authority any member, who, in its opinion,-(4) refuses to act, (b) has become incapable to act, 20 (c) has so abused his office as to render his continuance in office detrimental -to the public interest, or (d) is otherwise unsuitable to continue as a member (2) the central government may suspend any member pending an enquiry against him 25 (3):n'0 ord~ of removal under this section shall be made unless ithe member concerned has been given an opportunity to submit his explana tion to the centqu government and when such order is passed, the seatof the member removed shall be declared vacant (4) a member who has been removed under this section shall not be 30 eligible for re-appoiniment as a membe;r or in any capacity under the authority , 7, no act or proceeding of the authority shall be invalida1led merely by reason of-(4) any vacancy in, or any defect in the constitution of the 35 authority; or vacancy, etc, not ta invau-date proceedings of the authority (b) any defect in-the appointment of a person acting as a member of the authority; or (c) any ir;reguiarity in the _ procedure of the authority no'!: affecting the merits of the case, 40 8 (i) the authority may appoint the secretary and such other secretary - oibeers and employees as it eonsiclers neeessary for the eflieient disand othcm' charge of ws functions under this act oftlcers (2) the terms and coaditiods of service of the seeretary ami othr 0'" and employe of tlie authority shall be such as may be deter-45 mined by repletions -acivisory ccamittees 9 (1) subj:t to any niles made ill this behalf, the au,,~t' mry ina tidaeto time icodstitute such advillol')" ~ 88 may be, , •• , for the emdent cjilehaqo of its functions (z) ever¥ advisory conunittee shan consist of uch numbel' of periods coddeded with hippidg and navigation and allied aepeets as the 5 authority may deem fit 18 in the discharge of its fwlctions under this act, the authority shall act, so far as may be, on business principles chapter 'iiiauthority to rcton business prine!-pi 10 property and contracts 11 (1) as from such day as the central government may appoint by notification in the oftlcial gazette,-tranaf« of ,auete and llabuiues of the central govetilmen~to the authority (4) all properties and other assets vuted in :the central government for the pu,rposes of inland water transport directorate, and administered by the chief engineer-cum-administrator, inland water 15 transport directorate, immediately before such day shall vest in the authority; (b) au debts, obligations and liabilities incurred, ald contracts entered into and all matters and things engaged to be done by with, or 'for the central government immediately before such day for or 20 in connection with the purposes of inland water trlmspo,rt directorate shall be deemed to have been incurred, entered into and engaged to be done by, with or fo;r the authority; , (c) all non-recurrong expenditure incurred by the central government for or in connection with the purposes of inland water 2~) transport directorate up to such day and declared to be capital expenditure by the central government shall, subject to such terms and conditions as may be determined by the central government, be treated as capital provided by the central government to the authority; (do) all suiq's of money due to the central government in relation 30 to ipland water 1)-ansport direc:torate immediately before such day shall be deemed to be due to ,the authority; (e) au suits and ,other legal proceeding, with respect to -any matter in relation to inland water transport directorate which 35 having been instituted by or against the central government are pending, or which could have been so instituted, immediately before such date shall on and after such date be contii\ued or instituted by or agamst the authority; apd (j) every employee holding any office under the central gov- 40 emment immediately before such day solely or mainly far or in connection with 'such affairs of the inland water transport direc~ torate as are relevant jto the functions of the authority under this act shall be treated as on deputation with the authority but s~ll' hold his oftlcein the authority by the same tenure and' upon the same terms and conditions of service as respects rerounelatjpn, leave, 45 provident fund, retirement or other terminal benefits as he would ha,ye;l~e1d suc:h oftice ,if the authority had not ,been constituted, and sba1l c:ontip,ue to dq so until the central 'government, eitjaer on ita own motion or at the request of the authority, recalls such employee ~o to its service or until the authority, with the concurrence of the central government, duly absorbs sueh employee in its, regular service, whichever is earlier: provid~d that during the period of deputation of any such employee 5 with ·the authority, the authority shall pay to the central government in respect of every such employee, such contribution towards his leave salary, pension and gratuity as the central government may, by order, determine: provided further that any such employee, who has, in respect of the 10 proposal of the authority to absorb him in its regular service, intimated within such time as may be specified in this behalf by the authority his intention of not becoming a regular employee of the authority, shall not be absorbed by the authority in its regular service (2) if any dispute or doubt arises as to which of the properties, rights 15 or liabilities of the central government have been "transferred to the authority or as to which of the employee:; serving under the central government are to be treated as on deputation with the authorltr, under this section, such dispute or doubt shall be decided by the central government in consultation with the authority and the decision of the 20 central government thereon shall be final (3) notwithstanding anything contained in the industrial disputes 14 of 1947 act, 1947 or in any other law for the time being in force, the absorption of any employee by the authority in its regular service under this section shall not entitle such employee to any compensation under that ·act or 25 other law and no such claim shall be entertained by any court, tribunal or other authority 12 subject to the provisions of section 13, the authority shall be competent to enter into and perform any contract necessary for the discharge of its functions under this act contracts by the authority 30 13 (1) every contract shall, on behalfof the authority, be made by the chainnan or such other member or such officer of the authority as may be generally or specially empowered in this behalf 'by the authority and such contracts or class of contra~ts as may be specified in the regulations shal1 be sealed with the common seal of the authority: | mode ||------------|| executio, || ·contracts || on || be- || hall || of || the || authority |35 provided that no contract exceeding such value or amount as the central" government may, from time to time, by order, fix in this behalf shall be made unless it has been previously approved by the authority: provided further that no contract for the acquisition or sale of immovable property or for the lease of any such property for a term ex-·40 ce'eding thirty years and no other contract exeeeding such value or amount as the central government may, from time to time by order, fix in this behalf shall be made unless it has been previously approved by the central government (2) subject to the provisions of sub-section (1), the form aad manner 45 in which any contract shall be made under this act shall be such as may be· pr~scribed by regulations (3) no contract' which is not in accordance with the provisions of this act and the reirulations shall be binding on the authority chapter iv functions and powers of 'i'he authority 14 (1) the authority may-functions of the' authority (a) carry out surveys and investigations for the development, maintenance i8ild better utilisation of the national waterways and the 5 appurtenant land for shipping and navigation and prepare schemes in this behalf; - cb) provide or permit setting up of infrastructural facilities for national waterways; (~) carry out conservancy measures and training works and do 10 all other acts necessary for the safety and convenience of shipping and navigation and iniprovemeut of the national waterways; (d) control activities such as throwing rubbish, dumping or removal of material, in or from the bed of the national waterway and appurtenant land, in so far as they may affect safe and emcient, 15 shipping and navigation, maintenance of navigable channels, river training and conservancy measures; (e) remove or alter any obstruction or· impediment in the liational waterways and the appurtenant land which may impede tbe safe navigation or endanger safety of infrastructural facilities or 20 conservancy measures wbere such obstruction or impediment has been lawfully made or has become (lawful by reason of long continuance of such obstruction or impediment or otherwise, after making compensation to person suffering damage by such removal or alteration; 25 (1) provide for the regulation of navigation and traffic (including the rule of the road) on national waterways; (g) regulate the construction or alteration of structures on, across or wider the national waterways; (it) disseminate navigational meteorological information ahout 30 national waterways; (i) ensure ct)-ordination of inland water transport on national waterways with other modes of transport; and (j) establish and maintain pilotage on national waterways (2) tbe authority may also-35 (a) advise the central government on matters relating to illland water transport; (b) study the transport requirement with a view to co-ordinllting inland water transport 'with other modes of transpor~ (c) ca'rry out hydrographic surveys and publisb river charts; 40 (d) assist, on such terms and conditions as may be mutually agreed upon, \bny state government in formulation and implementation of scheme for inland water transport development; (e) develop consultancy services and provide such services, on such terms and conditions as may be mutually agreed 'upon, wlndia 4-5 and abroad in relation to planning and development of waterways fer shipping and navigation or any facuity thereat; (f) conduct research in matters relating to inland water transport including development of craft design, mechanisation of country craits, technique 01' towage, landing and terminal facilities, port 50 installations and survey techniques; (g) lay down standards for ,classification of inland waterwap; (h) arrange programme of technical training for iniaild water trajatiport person~el wit,hin and outside the country; and (i) perform such other functions as may be decessary to carry 5 out the provisions of this act (3) any dispute arising out of or concerning the compensation re· ferred to in clause (e) of sub-section (1) shall be determined according to the law relating to like disputes in the case of land required for public purposes 10 (4) every scheme, prepared by the authority to carry out functions under sub-sections (1) and (2), involving capital expenditure exceeding the emount as may be pre~ibed, shall be submitted to the central govermnent for approval (5) the central government may either approve the scheme sub-15 mitted to it under sub-section (4) without modification or with such modification" as it may considc:!r necessary or reject the scheme with directions to the authority to prepare a fresh scheme according to such directions 15 the authority shall not make any material change in the scheme amendment of schemes 20 approved under sub-sectiolil (5) of section 14 without the prior approval of the central government explaration--for the purposes of this section, "material change" means an incree,se in the cost of the scheme by more than twenty per cent of its cost or a change in the benefit and cost ratio which either 25 makes the cost component in the ratio exceeds the benefit or reduces the benefit component b'y more than twenty per cent 16 the authority may, with the previous approval of the central government and by notification in the official gazette, in respect of any system of national waterways or of any stretch of any national waterway, 30 or of run between any two stations on a national waterway-| power | to ||----------|--------|| fix | || maxl- | || mum | and || minimum | || rates | || for pas- | || s~nger | || fares | and || frf'ight | || for | goods |35 (a) fix the maximum or minimum rate per kilometre which may be charged for passenger fares for passengers of any class travelling on inland mechanically propelled vessel; (b) fix the maximum or minimum rates or both such rates per kilometre which may be charged for freight on goods of any description carried in inland mechanically propelled vessels; and (c) declare what shan be deemed to be the distance between any two statiolls 011 a national waterway for the purpose of calculating passengers' fares or freight on goods where maximum or minimum rates or both such rates have been fixed under this section chapter v fin ance, accounts and a udrrrevy and col1ection otfees and charges 17 (1) the authority may with the previous approval of the centrlll government, levy fees and charges at such rates as may be laid down 45 by regulations made in this behalf for services or benefits rendered in relation to the use of the national waterways for the purposes of shipping, navigation, 'jnfl'astructural facilities, including facilities for passengers and facilities relating to the berthing of vessels, handling of cargoes and storage of cargoes ' ' (2) the fees and charges levied under sub-section (1) shall be collected in such manner as may be determined by regulations 18 the central government may, after due appropriation made by parliameat by law in this behalf, make to the authority arants and loanb of such sums of looney as that government may consider necessary 5 gran1t and ' loans by the central government 19 (1) thrre shall be constituted a fund to be called the inland waterways authority of india fund and there shall be credited thereto-constitution of the: fund ({i) any grants and loans made to the authority by the central govel'llmelit under section 18; (b) all fees and charges,received by the authority under this act; 10 and (c, all sums received by the authority from such other sources as may be decided upon by the central government (2) the fund shall be applied for meeting-(a) salary, allowances and other remuneration of the members, 15 officers and other employees of the authority; (b) expenses of the authority in the discharge of its functions under section 14; and (c) expenses on cbjects and ,fof purposes authorised by this act liudgel, 20 1'h(': al!thority shah prepare, in such form and at such time each 20 financial year as may be prescribe:d, its budget for the next financial year, showing the estimated receipts and expenditure of the authority and forward the same to the central government investmentol funds ' 21 the authority may invest its funds (including any reserve fund) in the securities of the central government or in such other manner ~5 may be prescribed annual report 12 the; authority shall prepare, in such form and at such time 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 t;entral govel1'lment 30 accoants and audit 23 the accounts of the authority shall be maintained, and audited in such manner as may, in consultation with the comptroller and auditor-general of india, be prescribed and the authority shall furnish, to the central gov~nment, before such date as may be prescribed, its auditecl copy of accounts together with the auditors' report thereon , 35 :!t the central government shall cause the annual report and auditors' report to be laid, as, soon as may be after they are received, before each house f)fp~rliamel1l annual report and auditors' report to be laid before pardamenl chapter vi miscellaneous25 (1) without prejudice to the foregoing provisions of this act, the authority shall, in the discharge of its functions and duties under this _ 5 act, be b)und by such direction:; on questions of policy as the central government may give in writing to it from time to time: power of cc>ntral c1overnment to issue directions provided that the authority shall, as far as practicable, be given opportunity to express its views before any direction is given undpr this su b-sec'tion 10 (:~) the dedsion of the central government whether a question is one of policy or not shall be final 1 of 1894 26 any land required by the authority for discharging its functions under this act shall be deemed to be needed for a public purpose and such iand may be arquired for the authority under the provisions of the land 15 acquisition act, 1894 or of any other corresponding law for the titne being in forc'e compul-:::ory 3cquisitionof land for the authol'i1y 15 of 190p 311 01 lq1)3 27 (1) thf> provisions of this act shah be in addition to the drovi-sions of the indian ports act, 1908 and the major port trusts act: 1963 and in particular nothing in thi!'l art shall affect any jurisdiction, application, etc, of ecrtain laws 20 functions, powers or duties required to be exercised, performed or discharged by-1s of 1908, (a) the conservator of any port or by any officer or authority under the indian ports act, 1908, or 38 of 1963 (b) the board of trustees for any maior port or hy any officer or authority under the major port trusts act, 1963, in or in relation to any portion of an inland waterway (including the national waterway) falling within the limits of such port or major port ] ot j:h7 150fl1}08 ~8 of 196 (2) nothing in this act shnll affect the operation of the inland 30 vessels act, 1917 or any other centra' act (other than the indian ports act, ]908 and the major port tru~t~ art '0(3) or any state or provincial act in force immediately before the (,,")!nmencement of this act with respect to shippin!! and navigation on any national waterway bllt any jurisdiction functions, powers or duties required to be exercised, pet"-~5 formed or discharged bv thp sbte government or any officer or authority l!iubordill'lle to the statp' govnnrnent under any such act in so far as luch jurisdiction functions powf'ts or duties relates or relate to shippinlt and navigation or such n1tional waterway or any matter incidental thereto or oth~'rwise connected therewith shall, after such commence-4? ment, be ~xercised, performed or discharged by the authority, 28 sub1ect to any rules made in this behalf, any person generally t>r i'o'we'i' to specially fl~thorised 'by the authnrity in this behalf, may, whenever it enter is necessary so to do for any of the purpost's of this act, at all reasonable times, enter upon any land or premises and-or 41 (a) make any inrpection,' survey, measurement, valuation inquiry; (b) take levels; (e) dig or bore into sub-soil; (d) set out boundaries and intended lines of work; (e) mark such level boundaries and lines by placing marks and cutting trenches; or (f) do such other acts or things as may be prescribed: 5 provided that no such person shall enter any building or any enclosed court or garden attached to a dwelling-house (unless with the consent of the occupier thereof) without previously giving such occupier at least twenty:four hcurs' notice in writing of his intention to do so delel8-tloo zi the authority may, by general or special order in writing, delegate 10 to the chairm&n or any other member or to any officer of the authority, subject ,to such conditions and limitations, if any, as may be specified in the order, such of its powers and functions under this act (except the powers under section 35) as it may deem necessary 30 all orders and decisions of the authority shall be authenticated 15 by the signature of the chairman or any other member authorised by the authority in thir behalf and :'\11 other instruments executed by the authority shalt he authenticated by the signature of ~m officer of the authority authorised by the authority in this behalf, 31 all members, officers and other employees of the authority shad 20 be deemed, when acting or purporting to act in pul'suance of any of the provisions of this act, to be pubhc servants within the meaning of sec~ tion 21 of the indian penal code 45 of 1860 authentieation of orders and other instrumentsof the authority members, otbcers and employees of the authority 'to be' pubhp ·servants protectiod of action taken in nuod iaith 32 (1) no suit, prosecution or other legal proceedings ~hall lie against the government or any officer of the government or any member, 25 officer or employee of thf' authority for anything which is in good faith done or intended to be done under this act or the rules or regulations made thereunder ' (2) no suit or other legal proceedings shall lie against the authority for any damage caused or likely to be caused by anything in good faith 30 done or purported to be done under this act or the rules or regulationll, and in particular, it shall not be the responsibility of the authority to provide for relief measures necessitated by floods' or by breaches and failures of works 33 (1) if, at any time the central government is of opinion-(a) that on aceount of a grave, emergency, the authority is 35 un:lblf' to discharge the functions a~d dutieg imposed on it by or under the provisions of this act; or power of central government to supersede the aatbolity (b) that the authority has persistently made default in complying with any direct~on issued by the ~ntral governmen~ under thi'll 40 act orin the discharge of the functions and duties imposed on it by or under the provisions of this act and as a result of which default the financial position of the authority or the administration of any national waterway has deteriorated; or (e) that circumstances exist which render it necessary in the 45 public interest so to do, the {'entl'al government may, by notification in the official gazette i1lpersede the authority for such period, not exceeding six months, may be specified in the notificatiun: provided that before issuing a notification under this sub-aection for the reasons mentioned in clause (b) the central government shau give 5 a reasonable opportunity to the authority to show cause why it should hot be superseded' and shall consider the explanations and objections, if any, of the authority (2) upon the publication of a notification under sub-section (1) superseding the authority,-10 15 (a) all the members shall, as from the date of supersession, vacate their offices ar such: (b) all the powers, functions and duties which tnay, by or under the provisions of this act, be exercised or discharged by or on behau of the authority, shall, until the authority is reconstituted under sub-section (3), be exercised and discharged by such person or persons as the central go~rnment may direct; (c) all property owned or controlled by the au,thority shall, until the authority is reconstituted under sub-section (!), vest in the central government 20 (3) on the expiration of the period of supersession specifted in the notification issued under sub-section (1), the central government may-(a) extend the period of supers~sion for such further term, not exceeding six months, as it may consider necessary; or (b) reconstitute the authority by fresh appointment and in 25 such case ony persons who vacated their offices under clause (a) of sub-sectfon (2) shall not be deemed disqualified for appointment: provided that the centrnl ['tovernment may, at any time before the expiration of the period of supersession, whether as originally specified under sub-section (1) or as extended under this sub-section, take action 30 under clause (b) of this sub-section (4) the central government shrl1 camle a notification isrued under sub-sertion (1) and a full report of any action taken under this section and the circumstances leadin~ to such action to be laid before such house of parurment at the earliest opportunity 35 34 (1) the central government may, by notification in the official gazette, make rules to carry out the p!lrposes of ihis act power to make rules (2) without prejudice to the ~eneralitv of the foregoing power, such rule may provide for al,1 or any of the fonowing matters, namely:-(a) the term of office and other conditions of service of the mem-40 bers of the authority unc1er spc'tion 4; (b) the powers and duties of the chairman and vice-chairman under section 5; (e) the matters with respect· to the advisory committee referred to in sub-section (1) of section 9; 45 cd) the amount required to be prescribed under sub-section (4) of section 14; (e) the form in which, and the time ~t which, the authority shall prepare its budget under section 20 rnd its annual report 'f llt1~f'r section 22; (f) the manner in which the authority may invest its fundi under sertjon 21; (g) the manner in which the accounts of the authority shall be maintained and audited under section 23; (h) the· conditions and restrictions with respect to exercise or 5 the power to enter under section 28 and the matters referred to in clause (1) of that section; and (i) 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 power to blake reglla-\lona 35 (1) the authority' may, \\ith the previous approval of the central 10 government, by notification in the oftlcial gazette, make regulations consistent with this act and the rules generally to carry out the purposes of this act (2) in particular and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following 15 matters, namely:-' c (a) the manner in which and the purposes for which, the authority may a9socia'te with itself any person under sub-section (4) of section 3; (b) the terms and conditions of service of the secretary and 20 other offtcers and employees of the authority under sub-section (2) of section 8; (e) the contracts or class of contracts which are to be sealed with the common seal of the authority and the form and manner in which a contract may be made by the authority; 25 cd) the mann?r in which and the conditions subiect to which, any functions in relation to the matters referred to in sub-sections (1) and (2) of section 14 may be performed; (e) the rule of the road on a national waterway; (f) the safe, efficient and convenient use, manag-ement and con- 30 trol of the infrastructures and infrastructural facilities; (q) the reception, porterage, storal!'" and rem ova} of ~oods brought on ~ national waterway, and the procedut'? b be followed for taking charge of goods which may have been damaged before landing, or may be alleged to have been so damaged; 35 (h) regulating, declaring and defininj,l the docks, wharfs, jetties, 1andin~ stages on which goods shall be landed from vessels and shipped on hoard vprrphl: 0) regulating ,the manner in which and the conditions under which the loading and unloading of vessels on a national waterway 40 shall he crltied out; and h) the exclusion from a national waterway of di'sorderly or other undesirable persons and of trespassers, (3) any regulation made under any of the clause~ (c\ to (1) of liubsec:tton(2) may provide that a contravention thereof shall be puni~rableo with ftn~ which may extend to five hundred rupees and in the casp of a 45 continuing contravention with an additional fine which may extend to twenty rupees for every day during which such contravention continues after conviction for the first such contravention ag every'rule and every· regulation made under this act shall be 5 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 rules and relulau",ns to be laid before parliament 10 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 re-15 gulation pow"-'u remove difficulties 37 (1) if any difficulty arises in giving effect to the provisions of this act, the central government may, by order, published in the otrcial gazette, make such provisions not inconsistent with the provisions of this act as may appear to be necessary for removing the diftlculty: szo provided that no order shall be made under this section after the expiry of five 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 in the national waterway (allahabad-haldia stretch of the ganga-sz5 bhagirathi-hooghly river) act, 1982,-amend mentol act of 1882 (a) in section 3 for the word's "central government", the word iiunion" shall be substituted, and for the words "to the extent hereinafter provided", the words and figures "to the extent provided in the inland waterways authority of india act, 1985" shall be substi-30 tuted; (b) sections 4 to 15 shall be omitted statement of objects and reasonsseveral committees set up by the government of india have recommended declaration of important navigable waterways as national waterways and acceleration of their development for promotion of inland water transport in view of its low cost and for securing certain other advantages such as energy efticiency, generation of employment among weaker sections of community nnd less pollution 2 the national transportation policy committee has observed that the existing setup of inland water transport directorate in the ministry of shipping and transport is not geared to undertake and discharge the responsibility for proper' development of national waterways as this is merely an advisory body without any powers to allocate funds for development schemes and their execution to overcome this difficulty tbe committee recommended settin up of an independent authority for the development, maintenance and regulation of national waterways it is, therefore proposed to set up an inland waterways authority of india which would be an independent authority for the development, maintenance and regulation of national waterways for shipping and navigation and also to organise studies and investigation on waterways under consideration for declaration as national waterways 3 the bill seeks to achieve the above objects nzw delhi; z r ansari the 9th august, 1985 president's recommendation under article 117 (3) of the constitution of india[copy of letter no 38-iwt (2) 183-nw (iii), dated the 14th august, 1985 from shri z r ansari, minister of state of the ministry of shipping and transport to the secretary-general, lok sabha] the president" having been informed of the subject matter of the inland waterways authority of india bill, 1985, recommends under article 117 (3) of the con'stitution the consideration of the bill by lot sabha cz4use 2 seeks to define certain words and expressions used in the bill clause 3-sub-clause (1) provides fo~ constitution of the inland waterways au1¥loi'ity of india from such date as may be specified by the central government by a notification -sub-clause (2) makes such authority a body corporate with powers to acquire property, etc sub-clause (3) provides that the authority shall consist of a, chairman, a vice-chairman and not more than five members sub-clause (4) empowers lhe authority to associate with it any person whose assistance or advice it may desire in complying with any of the provh;~ons of the bill clause 4 provides that the terms of office and other conditions of service of members of the authority may be prescribed clause 5 lays down the powers and duties of the chairman and the vice-chairman clause 6-sub-clause (1) empowers the central government to remove from the authority any member on the grounds of refusal to act, incapacity or abuse of his office sub-clause (2) confers power upon central government to suspend any member of the authority pending an enquiry against him sub-clause (4) prohibits the reappointment under the authority of any member who has been removed under sub-ciause (1) cla'use 7 provides that any vacancy, defect or irregularity in the constitution, appointment or procedure of the authority shall not invalidate the proceedings of the authority clause 8 provides for the appointment of the secretary, other officers and employees of the authority and their terms and conditions of service cta'use 9 empowe,rs the authority to constitute advisory committees as may be necessary for performing its functions clause 10 provides that the authority shall be guided by businew principles in the discharge of its functions clause 11 provides for transfer of assets and liabilities vested in the central government for the purposes of inland water transport directorate on such day as may be appointed by the central government the clause further provides that,-(a) all debts, obligations and liabilities incurred, all contracts entered into by the central government in connection with the inland water transport directorate shall ,be deemed to have been incurred or en1'ered into by or for the authority; (b) all sums of money due to the central government in relation to inland water transport directorate shall be deemed to be due: to the authority; (c) all suits or legal proceedings with respect to any ,matter in relation to inland water ·transport directorate which have, _n or could have been instituted by or against the central government may be' instituted against the authority; (d) every employee holding an office under the central government mainly for or in connection with the affairs of the inland water 'transport ljirectorate' shall be treated as on deputation with the authority and shall hold his office ,1 the authority by the same tenure and upon tbe ,qme terms and conditions of service as respects remuneration, lea\'e, etc, and shall continue to do so until the central government recalls such employee or such employee is absorbed by the authority; and (e) absorption of any employee by the authority under this clause shall not entitle him to any compensation under the industrial disputes act, 1947 (14 of 1947) clause 13 'seeks to lay down the procedure for -execution of contracts on behalf of the authority clause 14 lays down the functions of the authority which, inter alia, include carrying out of surveys, conservancy, :measures, removal or alteration of any obstruction in the national waterways, providing the regulation of navigation on nationll waterways, ensure co-ordination of inland water transport on, national waterways and advising the central govemment on matters relating to inland water transport, etc this clause also anthorilres the authority to formulateachemes clause 15 provides that tbe authority shall not make any material change in the scheme approved under sub-clause (5) of clawle 14 without thf' prioi' approval uf the central government cla'use16 confers power on the authority to fix maximum and minimum rates for carriage of passengers and freight on national waterway clauses 17 to 24 contain usual provisions relating to levy and collection o( fees, grants and loans, funds, budget, investment of funds, annual report and llc('()unts nnd audit of t~!·~~ authority clau~~f> 2;10 pl'oyidf';; that tlw authority shall he hound hy any directions on qyestion~ :of policy o's may be given to it by the central gov-(~rnment fram time to time claltse 26 lays down that any land required by the authority for discharging of its functions under this ·b11l shall be deemed to be needed for public purpose and such land may be acquired for the authority under lhe provisions of the lanrl acquidtion act, 1894 (1 of 1894) clause 27 provides that the provisions of the bill shall be in addition to the provisions of the indian port~ act and the major port trusts act and shall not affect any jurisdiction runetions, powers or dutie~ required to be exercised by any ofticer or authority under those acts likewise the provjsions of the bill shall not affect the o\)~tation of the inland vessels act or any other central act or state or provincial act· in force immediately before the commencement' of' this act with respect to shipping and navjgation on any national waterway clause 28 seeks to empower any person generally or specially &utho--risedby the authority to enter, inspect, survey or take levels of any land or premises necessary for the purpose of this bill at all rea'sonable timet; clause 29 provides for delegation of powers and functions by the chairman to any other member or any officer of the au,thority clause 30 provides for authentication of orders of the authority cla1k'lc? :n seeks to declare all members, officers and other employees of the' authority il!ol pl1hlie s~rvants when nctinit or purporting to act in purslta1w(' of any of th;· rrovibion~ of the bill cluli,s(! 3~ seeks to ~ive protection to any member, officer or employee of the authority in respect of any thing done or intended to be done in good faith in pursuance of this bill or the rules or regulations made thereunder clause 33 seeks to make provision for sup'arsession of the authority in the circumstan':!es stated therein and its reconstitution after such supersession clause 34 confers upon the central government power to make rules in respect of term of office and the other cond!tions of ,ervice the form for preparing budget and annual report establishment of fund-;, etc clause 35 confers powers on authority to m~ke, with the previpl1s approval of the central government regulations generally to carry out the purposes of this bill clttttse 36 provides laying of rules and regulations on the 'fable of ooth the- houses of parliament clause 37 seeks to empower the central government to remove any difficulty 'which may arise in giving effect to the provisions of this bill cmuse 38 seeks to amend the national water'nay (allahabad-halctia stretch of the ganga-bhagirathi-hooghly river) act, 198'2 clause 3 (1) of the bill provides for the constitution of the inland waterways authority of india clause 4 of the bill provides for the term of office and other conditions of service of the members of the authority clause 8 of the bill provides for the secretary and other officers of the authority clause 9 of the bill provide'~ for the constitution of advisory committee for assisting the author!ty clause 14 (1) i'lnd (2) of the bill seeks to entrust the responsibility to reiu1ate and d~velop the national waterways for the purposes of sliipp'n~ and navigation to the inland waterways authority of india under the central government ,consequently three distinct functions, !lamely, development, maintenance and regulation will devolve on the said authority the financial implications are indicated in the succeding paragraphs 2 considering there is no orl',anil:;ed and sustained inland water tran!'iport traffic llt present on the wrterwnvs :md bulk of the visualised traffic will be diverted traffic, on'y minimal infrastructural facilities are considered necessary no e]aboratp mechanized handling facilities at the river terminals or sophisticat(>d river markinm:: are rt pr~sent visualised to start with only floating landing facilities at almo!'!t al1 the contemplated river terminal!':, with minimum shf'lre facpities like sheds, open storage facilities, road approach, water and el~ctric supply are proposed to be provided locations for terminl'11s in thf> nrtional waterways have been identified it is not possible tn formu1afe an e~timate of capital investment in the entire lencth of th", natl""rl waterwavl' it is estimated that the expenditure with l'f'!s""ct tn the sl'iio minimal infrastructural facilities will be of the order of r!'l ~5 crores this expenditure will be of a non-recurring natl1re 3 the order of annual r~currit1ry, ('o~ts 'by wa" nf oev"'opmp'lt maintenance and regulation of the waterwav whkh has ~l:!'eady been declared to be a nationa' w~terwav (,f' tho ana'!vib:1~-r~lrh\ ~tretch of the ganga-bhl'lgirathi-hoo!'-"hlv r;ver) ;ncluoinft thf> exnenditure with restlec~ to settlement of dic;pntf><; 11'''h~f>r ('lansp 14 (:n thf' ar~visory committees !if't up und~r ('la11e;p 19 (1' ::mr1 the p'x't1pnoihm:' nn members nno the stliff un~-er clausp 4 and r ano i ,:ontin~p'''(''f'e; of thp allt"oritv will initiallv r'oprn'x'imatf' to about fe; , ,~n,4"c; arlt'!5~;on"" f'~nf>n~iture would bf! involverl when parli'lment "('clarer! hv blw !'l'lv other wliterway to be it nrtinne' wllterwav hut ~t is '10" n,,!:~~b''''' tn m~~p "1'1v ec;timate o~ 4hp pvnpnt'!itui"p w"i!"" wr",m hp ~m",'vp~ 1lc; thn+ wnttlr1 r1p"pl'v~ unon thp ,irt'l1,"danrf''1 (i",l11"p"" +h'" ''''''~'' ~nrl nth"· fpabl'1-'''\ with rm:nect +0 <:11(," wn+e",l'lv 1'h, "rn,,:~m'c: ,,~ th, ~;1' '~n t1nt ;nvfl'w' nnv otl,pt e~pm1rtltu1'p nf 11 1'ecumn!! or "ii"in-r emll"t';n,,,j'ltul'e! memorandum regarding delegated legislationclause 16 of the bill empowers the inland waterways authority of india to fix rates for passenger fare and cargo freight on national waterways clause 34 of the bill empowers the central government to make rules to provide, among other matters, the term of office and other conditions of service of members of the authority, powers and duties of the chairman and vice-chairman, the constitution of the advisory committees, the form in which the authority may prepare its budget and annual report and maintain its accounts and the manner of audit of accounts, the manner in which the authority may invest its funds, and the conditions and restrictions with respect to the power to enter upon any land or premises clause 35 of the bill confers power upon the authority to make, with the previous approval of the central government, regulatiuns, inter al~4, regulating the terms and conditions of service of the secretary and other officers and employees of the authority, the contracts or class of contracts which may be sealed with the common seal, the rule of the road on the national waterways, exclusion from the national waterways of disorderly and other undesired persons and trespassers the matters in respect of which rules and regulations may be made are generally matters of procedure and administrative detail and it is hardly practicable to provide for them in the bill itself the delegation of legislative power is, therefore, normal in character of the ganga-bhagirathi-hooghly river) ac:r 1982(49 of 1982) - - - - 3 it is hereby declared that it is expedient in the public interest that the central government should take under its control the regulation and development of ganga-bhagirathi-hooghly river fpr purposes of shipping llndnavigation on the national waterw;:y to the extent hereinafter provided declaration as to expediency of control by the union of ganga-bbagirathi-hooghly river for certain purposes 4 in this act, unless the context otherwise requirell,-definitions (a) "advisory committee" means an advisory committee constituted under section 8; (b) "appurtenant land" means all lands appurtenant: to the national waterway, whether demarcated or not; (c) "channel" means, any wate,rway, whether natural or artificial; (d) "conservancy" includes dredging, training, closure, diversion or abandoning channels; (e) "conservancy measures" mean's measures for purposes of conservancy, but does not include measures for protection of banks against floods or for restoring banks which have become ero,ded mainly on account- of reasons not connected with shipping and navigation; (1) "infrastructure" includes structures such as docks, wharves jetties, landing stages, locks, buoys, inland ports, cargo handling equipment, road and rail access and cargo storage spaces, and the expression "infrastructural facilities" 'shall be construed accordingly; (g) "national waterway" means the waterway declared by section 2 to he n national waterway; (it) "navigation chaf,lnel" means a channel navigable during the whole 01' a part of the' year; (i) "'presct'ibed" means prescribed by rules made under this act; (j) "rules" means rules made by the central government under this act l-5 (1) it shall be -the responsibility of the central· government to regulte and develop the national waterway and to secure the effioient utilisation of -the waterway for shipping and navigation (2) in particular and without pr~judice to the generality df the jor~going provision, the central government maylwiiponsibility for reauiation and devewprmentof national (a) carry out surveys and investigations :cor the development, 'watermaintenance and better utilisation of the national waterway and the way, appurtenant land for shipping and navigation, and prepare plans in this behalf; (b) make and op-an new navigable channels; (c) clear, widen, deepen or divert or otherwise improve the channels; (d) provide or permit setting up of infrastructural fac!lities; (e) carry out conservancy measu1'es and training works and do all other acts-neeassary for the safety and convenience of shipping and navigation and improvement of the national waterway; (f> control activities such as throwing rubbish, dumping or removal of material, in or from the bed of the national waterway and appurtenant land, in so far as they may affect, safe and -efficient shipping and navigation, maintenance of navigable channels, river training and conservancy measures; (g) remove or alter any obstruction or impediment in the national waterway an1 the appurtenant land which may impede the safe navigation or endanger safety of infrastructural facilities or conservancy measures where such obstruction or hnpediment has been lawfully made or has become lawful by reason of long continuance of such obstruction or impediment or otherwi9'e, after making compeo'ltion to person suffering d:lmage by such removal or alteration; (h) provide far the regulation of navigation and traffic (including the rule of the road) on the national wat-arway; (i) regulate the construction or alteration of structures on, across or under the national waterway; (j) perform such other fu~ctions as may be necessary to carry out the purposes of this act (3) any dispute arising out of or concerning the compensation r~ferred to in clause (g) of sub-'section (2) shall be determined according to the law relating to like disputes in the case of land required for public purpoles, c;:xpt=ul\:lll ",o~u ,",0 j,ui 1!1e puqjodtlli ul \'ui/li n~l, lh'l·\!clui:u'iy' 101' tb'c: pw'l'~t: 01 ullictuu:gmg lls l'e:opunslll!llty wlqtll' sec\&oil ~, extu:ci&e any iui'ilswcliou, l'lgll~ 01 ljowel' wilu ,l't::;ilecl \0 looe na~~onl:u wglc:l'way 01: calli ii;ulu:i 01' :nu'al>uuclul~ appunenalll lilel'eto wwcll it coulu nave ea:el'cllieu 11 1m: 11(l110ua1 watw'way emu tne lanas ana mlrasttuclu!'tl appul'\t:!llcllll lut:,l'tllo nail oeen vel:ileu 1n yla1 govenunent ijy \luii 8ub-l:ie~lon \2) 1f ally dispute al'lses ali to wheth:c!i' any lanct ur 'ii'll'ucuct: is iii land 01' luln411i"'·uclul'e appw itl1liull to \ne na110nal wale,,'way, we (;entnu \jovt:i·llmell1 ana tlle o1ilel' party or partles \0 \ile uliiipule llinall enueavow' ·~o l'eliolve "de wspute ijy negollcltlolls 01' cotlcllialioll m :ouch mcmner as may be prescl'ibed rights etc, of central govern_ ment with respect to national waterway,lands and infrastruetureappurtenant thereto \j) i~01withstandmg any1hing contaln\:!d in sub-seclion (2), if the centred government conslilen:; whether before :nitiating action ior resolving a dispulot! by negou uolls 01' ~ojlciliatlon or al any stage aiter inlllating sucn action, thal loile ilispuie ls of sue!l a nature that it is necessary or expedient to refer h to al'klitration, the centj:al government shall, in such iol'm and in such manner as may be prescribed, reler the matter in dispute to an arbitrator who shall be appointed by the chief ju-stice of india - - , ~ - ",, ~ (4) the arbitrator may appomt two or more persons as alisessors to assist him in the proceedings b-eiore him (5) the decision of the arbitrator shall be final and binding on the parties to the dispute and 'iohall be given effect to by them (6) nothing in the arbitration act, 1940 shall apply to any arbitration 10 of 1940 und~r this section 3m of 1963, application, eae, ot certain laws 7 (1) the provisions of this act shall be in addition to the provisions of the major port trusts act, 1963 and in particular nothing in this act shall affect any jurisdiction, functions, powers or duties required to be exercised, per10rmed or discharged under the major port trusts act, 1963 by the board of trustees for the major port of calcutta or by any officer or authority in, or in relation to, the portion of the national waterway falling within the limits of the said port (2) nothing in this act shall affect the operation of the inland vessels act, 1917 or any other central act (other than the major port trusts 1 of 1917 act, 1963) or any state or provincial act in force immediately before 38 of 1963 the commencement of this act with respect to shipping and navigation on the waterway declared by section 2 to be a national waterway but any jurisdiction, functions, powers or duties required to be exercised, performed or discharged by a state government,or any officer or authority su~-dinate to a state government, under any such act in so far as such jurisdiction, functions, p'owers or duties relates or relate to shipping and navigation on the said waterway or any matter incidental thereto or otherwise connected therewith, shall after such commencement be exercised, performed or discharged by the central government (3) the centul government may, by notification in the official gazette, direct that any jurisdiction, functions, powers or duties which it may exercise, perform or discharge by virtue of the provisions ofaubsection (2) under any act referred to in that sub-section shall, subject to such conditions, if any, as may be specified in the notification, be exercised, perfonned or discharged also by-(4) such officer or authority subordinate to the central government, or (b) such state government or offi~r or authority subordinate to a state government, as may be specified in the notificaflioll 8 (1) subject to any rules made in this behalf, the contral government may from time to time codititute one or more advisory committees to advise the central government on matters concerning the administration of this act (2) the advisory committee or the advisory committees referred to in sub-section (1) shall consist of such number of persons to repra'sent the interests connected with shipping and navigation and allied aspects as the central government may deem fit 9 (1) the central government may, by notification in the oftlcial gazette, levy fees at such rates as may be laid down by' rules made in this behalf :£or services or benefits rendered in relation to the use of the national waterway for the purposes of navigation, infrastructural facilities, including facilities for passengers and faciliti·es relating to berthing of vessels, handling of cargoes and storage of cargoes fees for lenice ot" fits reoderedin the naional waterway (2) the fees levied under sub-section (1) shall be collected in 'such manner as may be prescrib-ed power to enter 10 subject to any rules made in this behalf, any officer subordinate to the central government or to a state, government or to any authority subordinate to the central government or a state government who is authorised in this behalf by the central government by notification in purposes of this act, at all reasonable times, enter upon any land or premises and-(a) make any inspection, survey, measu1'ement, valuation or inquiry, (b) take levels, (c) dig or bore into sub-soil, (d) set out boundaries and intended lines of work, (e) mark such level boundaries and lines by placing marks and cutting trenches, or (f) do such other acts or things as may be prescribed: provided that no such officer shall enter any building or any enclosed court or garden attached to a dwelling-house (unless with the consent of the occupier thereof) without previously giving such occupier at least twenty-four hours' notice in writing of his intention to do so 11 whoever-penalties (a) destroys, pulls down, removes, injures or defaces any pillar, "post or stake or marks fixed on the national waterway and the appurtenant land, or any notice or other matter put up, inscribed or placed under this act, or (b) obstructs any person from exercising his powers and performing his functions under this act, or (c) damages any works or property belonging to the centr"l government, or (d) fails to furnish any information required for the purposes of this act, shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees or with both power to delegate l2' the central government may, by notification in the official gazette, direct that any function, power (except the powers under sections 14 and 15) or duty which it may perform, exercise or discharge under this act shall, subject to such conditions, if any, as may be specified in the notification, be performed, exercised or discharged also by-(a) such officer of authority subordinate to the central government, or (b) such state government or officer or authority subordinate to a state government, as may be specified in the notification 13 no suit, prosecution or other legal proceeding shall lie against the central government or a state government or an authority subordinate to such government or an officer subordinate to such government or authority for anything which is in good faith done or intended to be done in pursuance of the provisions of this act protection of action taken in good faith 14'- (1) the central government may, by notification in the official gazette, m~ke rules for carrying out the purposes of this act power to make rules (2) in particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-(a) the manner in which, and the conditions subject to which, any function in relation to the matters referred to in section 5 may be performed; (b) the rule of the road on the national waterway; (c) the safe, efficient and conveni~nt use, management and control of the infrastructures and infrastructural facilities; (d) the reception; porterage, storage and removal of goods brought on the national waterway, and the procedure to be followed for taking charge of goods which may have been damaged before landing, or may be alleged to have been so damaged; (e) regulating, declaring and defining the docks, wharves, jetties, landing 'stages on which goods shall be landed from vessels and shipped on board vessels; (1) regulating the manner in which, and the conditions under which, the loading and unloading of vessels on the national waterway shall be carried out; (g) the exclusion from the national waterway of disorderly or other undesirable persons and of trespassers; (h) the manner in which the central government shall endeavour to resolve, under sub-section (2) of section 6, the disputes referred to therein, the form and manner in which such disputes may be referred, under sub-section (3) of that section to arbitration and the procedure to be followed in such arbitration proceedings; ·(i) the composition of the advisory committees, the term of office of members of such committees, the allowances, if any payable to them, and the manner in which the advisory committees shall conduct their business;-(j) the rates at which fees for services and benefits referted to in section 9 may be levie'd and the manner in which such fees· shall be collected; (k) the conditions and restrictions with respect to the exercise of the power to enter under section 10 and the matters referred to in clause <i) of that section; (l) the periodical inspection of the national waterway and the submission of the inspection reports to the central government; (m) the reports on works carried out on the national waterway; (n) 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 (3) any rules made under this act may pravide that a breach thereof shall be punishable with fine which may extend to one thousand rupees and where the breach is a continuing one with further fine which may extend to one hundred rupees for every day after the first during which such breach continues (4) 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 succ~ssive 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 houes agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be ot 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 removal of difficulties 15 (1) if any difficulty arises in giving affect to the provisions of this act, the central government may, by order published in the official gazette, make such provisions not inconsistent with the provisions of this act as may appear to it to be necessary for removing the difficulty: provided that no 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 jloon as may be after it is made; before each house of parliament - - - - - a billto provide for the constitution of an authority for the regulation and development of inland waterways for purposes of shipping and navigation and for matters connected therewith or incidental thereto (shri z r ansari, minwter of state of the mimbtry of shipimg and transport) | Parliament_bills | eda690f8-08d9-57bf-9802-faab5e434696 |
on the 21st june, 2019 bill no xxiii of 2018 the compulsory yoga and sports education in schools bill, 2018 a billto provide for compulsory yoga and sports education from primary to senior secondary level in all the schools throughout the country in order to prepare talent of sports from school level and thereby ensuring good health of students and for making it obligatory for the central and state governments to provide requisite infrastructure for the purpose and for matters connected therewith and incidental thereto be it enacted by parliament in the sixty-ninth year of the republic of india as follows:—short title and commencement1 (1) this act may be called the compulsory yoga and sports education in schools act, 2018(2) it extends to the whole of india2 in this act, unless the context otherwise requires,—definitions(a) "appropriate government" means in the case of a state, the government of the state, and in other cases the central government;(b) "prescribed" means prescribed by rules made under this act;5(c) "school" includes government school government aided school or a private school which imparts education;(d) "sports infrastructure" means requisite resources for playing such as playground with necessary facilities, articles of sports, sports instructors etc and requisite environment as are required necessary in the school; and10(e) "yoga" means yoga postures or asanas and such other yoga exercises as would promote control of the body by bringing in flexibility, strength and endurance and of mind by enhancing alertness and meditation153 (1) the central government shall, as soon as may be, but not later than one year of the commencement of the act, formulate a national policy for providing yoga and sports education in all schools of the country and ensuring requisite infrastructure and other facilities required for yoga and sports(2) the national policy referred to in sub-section (1) shall provide for,—national policy for yoga and sports education and infrastructure thereof(i) imparting free yoga and sports education to all the students as per their ability and physical condition in all the schools;20(ii) encouraging yoga, sports and sports education and creating awareness of the importance of yoga and sports among the schools students;(iii) ensuring the availability of yoga teacher and sports instructor in all the schools;25(iv) releasing adequate funds for infrastructure development for yoga and sports education in all the schools;(v) incorporating yoga and sports as compulsory subjects in all the schools; (vi) preparing standard and qualitative syllabus for yoga and sports education as per the age and physcial capacity of the students under the guidance of experts and universalisation thereof;30(vii) providing scholarship and stipend to those students whose performance in yoga and sports has been outstanding;(viii) giving weightage to marks obtained in yoga and sports for admission in colleges, universities, and institutions of national importance;35(ix) giving preference to the outstanding sports persons in direct recruitment under the central and state government services; and(x) such other provisions, as the central government may deem fit and necessary for carrying out the purposes of this act 4 (1) it shall be the duty of the appropriate government to implement the national policy formulated under section 3 of this act40appropriate government to implement national policy(2) the appropriate government shall review the progress and quality of yoga andsports education being imparted by the schools form time to time, in such manner as may be prescribedpenal provisions5 any school which violates the provisions of this act shall be liable for punitiveaction by the appropriate government, including withdrawal of recognition of the school in such manner and with such condition, as may be prescribed456 the central government shall, after due appropriation made by parliament by law in this behalf, provide requisite funds from time to time for carrying out the purposes of this actcentral government to provide funds7 the provisions of this act shall be in addition to and not in derogation of any other law for the time being in force dealing with the subject matter of this act5act to supplement other laws power to make rules8 the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act statement of objects and reasonsyoga is being practiced in our country since the time immomerial for good health and longevity it keeps the body and mind healthy and sound and its various asanaas cure even serious diseases now, yoga is not confined to india only but has become international and international yoga day is held every year throughout the world it is felt that yoga should be introduced right from the childhood to make it a part and parcel of everyones life similarly, various sports activities make us healthy, fit and fine and they are essential for the overall development of people in particular, the children and youth some sports are even very rewarding and outstanding sportpersons of these sports earn enormous wealth in their career many international sports events such as olympics, common wealth games, asian— championships etc are held from time-to-time and winning in these events brings laurels for the country thus, the process of sports must start from the school itself to prepare talents for national and international eventsour country is having the highest number of youth and majority of them are sports lovers in fact, there is no dearth of talent in various sports in the country the only shortcomings is that they seldom get proper resources, training and well equipped infrastructure to sharpen their talent to become international sportspersons it is felt that compulsory yoga and sports education in schools will definitely identify talent and make our nation excel in the global sports and competitions, apart from building a fit and healthy nationhence this billrajkumar dhoot financial memorandumclause 3 of the bill provides for imparting free yoga and sports education in all schools, adequate funds for infrastructure development and scholarship and stipends for outstanding students in yoga and sports clause 6 makes it obligatory for the central government to provide 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 not possible to quantify the actual expenditure at this juncture, but it is estimated that a sum of rupees one lakh crore may be as recurring expenditure per annuma non-recurring expenditure to the tune of rupees two lakh crore may also be involved for creating various assets throughout the country 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 details only the delegation of legislative power is of normal character———— a billto provide for compulsory yoga and sports education from primary to senior secondary levelin all the schools throughout the country in order to prepare talent of sports from school level and thereby ensuring good health of students and for making it obligatory for the central and state government to provide requisite infrastructure for the purpose and for matters connected therewith and incidental thereto————(shri rajkumar dhoot, mp)mgipmrnd—817rs(s3)—25-06-2019 | Parliament_bills | 2ea28b21-08b6-5880-853c-1252cce219ef |
bill no 46 oc 1989 q the appropriation (no3) biu1989 , billto provide for the authorisation of appropriation of moneys out of thej consolidated fund of india to meet the amounts spent· on eert'"'" s(~rvices during the financial yea:r ended on the 31st day of march, 19&7 in excess of the amounts granted for those servoices and for that year be it enacted by parliament in the fortieth year of the republic of india as follows:-1 this act may be called the appropriation (no3) act, 1989 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 two hundred and forty-two crores, twenty-three lakhs twenty-six thousand, eight hundred and eighty-six rupees shall be deemed to have been authorised to be paid and applied to meet the amount spent for defraying the charges in respect of the services specified in column 2 of 10 the schedule during the financial year ended on the 31st day of march, 1987, in excess of the amounts granted for those services and for that year issue of &242, 23,26,886 out of the con!lolidated fund of india to meet certain excess expendituretor the year ended on the 31st march, '1987 appro" prlatfon 3 the sums deemed to have been authorised to be paid and applied from and out of the consolidated fund of india under this act shall be is deemed to have been appropriated for the services and purposes expressed in the schedule in relation to the ftnandal year ended on the 31st day at march, 1987 ' | | 2 | 3 ||------------------------|-------------------|---------------|| -' | -1--------·------ | ---- || no | | || of | | || i | | || vote | | || i | | || services | and | purposes || voted | olaraecl | || portion | portion | || total | | || -,-------------------1 | | || -----·1----- | ------ | || re | | || ri | | || rs | | || i | | || capital | | || 1 | | || 19,43,16,651 | | || 19,43,16,651 | | || 1 | | || t \ | | || foreign trade | | || and | export | || \ | production | || revenue | | || 1,3',94,989 | | || 1,3',94,989 | | || 18 | \ defence | || pensions | | || revenue | | || ;z,16,954 | | || 100,38,02,177 | | || t | | || 9 | defence | services-army || 1~5,8',223 | | || i | | || revenue | | || 37,74,07,521 | | || i | | || 37,74,07521 | | || 10 | | || 20 | | || i | | || ~ce~navy | | || 44,69,04,894 | | || revenue | | || 21 | : defence | || semcls-air | | || force | | || 44,69,04,894 | | || capital | | || 14,66,51,282 | | || 22 | | || i | | || capital outlay on | defence | || services | | || ;zoo | | || capita! | | || 24 | department | of || power | | || 200 | | || 14,66,'1,282 | | || i | | || i | | || rewnue | | || - | 55 | audit || 2,21,'82 | | || is | | || 45 | department | || of | | || civil | | || supplies | capital | || 1,2'0 | | || 10,33,13925 | | || 1033,13,925 | | || i | | || revenue | | || 6,26,116 | | || 6,26,116 | | || s4 | | || an~man | | || and | nlcobar | isi41dds || reve;nl,lc | | || '6 | | || lakshadwecp | | || | ,6a | chan(ljprb || revonue | | || capital | | || '1,!ioo | | || 2,80,186 | | || 20 | | || capital | | || 74 | department | || of | tourism | || 2,15,984 | | || rewnue | | || 510 | | || 111 | suney | or || ln4ia | | || 5 | | || 10 | | || 2,10,00,000 | | || 83 | | || department | of | scientific || industrial | | || ~ | | || capital | | || 2,10,00000 | | || r | | || 10,92,69,099 | | || pabu~worka | | || 1, | | || 01, | 50j | || 10,93,77,602 | 2s | || 93 | | || miitry | | || of | | || water ilaources | | || 4',60,si7 | | || 97 | | || ~~,2326,816 | | || to'1'al | | || 6,00,499 | | || i | | || 4',60,' | | || 17 | | || | | || 1 | | || j | | || 24~,17,l6,387 | | || ! | | | 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 appropriations charged on the fund and the grants made by the lok sabha for expenditure of the central government, excluding railways, for the financial year ended on the 31st day of march 1987 b k gadhvi president's recommendation under article 117 of the constitution of india[copy of letter no f 4 (56) -b (sd) /89, dated the 28th april, 1989 from shri b k gadhvi, minister of state in the department of expenditure in the ministry of finance to the secretary-general, lok s~bha] the president, having been informed of the subject matter of the proposed bill 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, 1987 in excess of the amounts granted for the said services and for that year recommended under clauses (1) and (3) of article 117 of the constitution, read with clause (2) of article 115 thereof, the introduction of the appropriation (no3) bill, 1989, in lok sabha and also recommends to lok sabha the consideration of the bill billto provide for the authorisation of appropriation of moneys out of th consolidated fund of india to meet the amounts spent on certain services during the financial year ended on the 31st day of march 1987, in excess of the amounts granted for those services and for that year (shri b k gadhvi, minister of state in the depgrtmebt of expenditure in the minitry of finance) | Parliament_bills | 89d6eb95-d3f7-5655-8b61-01378bbb4c05 |
bill no 122 of 2018 the constitution (amendment) bill, 2018 byshri nishikant dubey, mp a billfurther to amend the constitution of indiabe it enacted by parliament in the sixty-ninth year of the republic of india as follows :—1 this act may be called the constitution (amendment) act, 2018short title2 in article 51a of the constitution, after clause (k), the following shall be inserted, namely:—amendment of article 51a5"(l) to participate in mass movement for cleanliness and propagate the message of clean india through his words and deeds" statement of objects and reasonsto realize the concept of ''shreshth bharat'' (superior india) the dream of clean india has to be fulfilled india is ranked very low in terms of cleanliness this backwardness with respect to cleanliness, is a hindrance in the way of india in becoming a developed country to free india from the clutches of filth and with an objective to pave the way for india to become a developed country "clean india campaign" was launched by the prime minister on 2nd october, 2014 there is a need to make cleanliness mission a mass movement so that every citizen may participate in this mission and propagate the message of clean india through his words and deeds this duty of a citizen should be included in the list of fundamental duties envisaged in the constitutionhence this billnew delhi;nishikant dubeyjuly 2, 2018 annexure extracts from the constitution of india part- iva fundamental duties51a fundamental duties:—it shall be the duty of every citizen of india—(a) to abide by the constitution and respect its ideals and institutions, the national flag and the national anthem;(b) to cherish and follow the noble ideals which inspired our national struggle for freedom;(c) to uphold and protect the sovereignty, unity and integrity of india; (d) to defend the country and render national service when called upon to do so; (e) to promote harmony and the spirit of common brotherhood amongst all the people of india transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women;(f) to value and preserve the rich heritage of our composite culture; (g) to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures;(h) to develop the scientific temper, humanism and the spirit of inquiry and reform; (i) to safeguard public property and to abjure violence; (j) to strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement;(k) who is a parent or guardian to provide opportunities for education to his child or, as the case may be, ward between the age and of six and fourteen years lok sabha———— a billfurther to amend the constitution of india————(shri nishikant dubey, mp)mgipmrnd—553ls(s3)—18-07-2018 | Parliament_bills | 4e722f16-dc3f-5ac4-a96e-a6aa09ac6438 |
the commissions of inquiry (amendment) bill, 19 , bill/unher to amend the commibbior&s of inquiry act, 1952 b it enacted by parliament in the fortieth year of the republie et india as :tollows:-" i thi ad may be called the commissions of inquiry (amendment) act, 1988 : tfdt statement of objects and reasonssub-section (4) of section 3 of the commissions of inquiry act, 1962 casts an obligation on the appropriate government to lay the report of the commission of inquiry appointed under sub-sectiod (1) thereof before the house of the people or, as the case may be the legislative assembly concerned to'gether with a memorandum of action taken flereon within a period of six months of the submission of the report however, in 1986, section 3 had been amended so as to provide therein that under certain circumstances the report of the commission of inquiry may not be so laid, 2 a commission of inquiry is always set up for the purpose of making an inquiry into any definite matter of public importance, a~ !"uch, the report submitted by such a commission should not be withheld from the house of the people or the legislative assembly under any circum<:tances and the public should h~ve access to infonnation which is of vital importance and interest to them it is felt that the ::imendments made in 1986 should be done away with 3, the bill seeks to achieve the above obiect new d&lhi; mufti mohd sa yeed the 21st december, 1989 c>:£' :, ' ex'fract from the com:missions of inquiry ai::r, 1952 (60 of 1952)appointment of commission (5) the provisions of sub-section (4) shall not apply if the appropriate government is satisfied that in the interest of the sovereignty and integrity of india, the security af the state, friendly relations with foreign states or in the pubhc interest, it is not expedient to lay before the house of the people or, as the case may be, the legislative assembly of the state, the report, 'or any part thereof, of the commjssion on the inquiry made by the commission under sub-section (1), and issues a notification to that effect in the official gazette explanation-for the purpose 'of sub-section (5), "report" includes an interilb·;repbrt add all "proceedings ot ii commission:- y" - (6) every notification issued under sub-section (5) shall be laid before th\" house of the people or, as the case may be, the legislative assembly of the state, if it is sitting as soon as may be after the issue of the notification, and if it is not sitting, within seven days of its reassembly, and the appropriate government shall seek the approval of the house of the people 'or, as the case may be the legislative assembly of the state, to the notificatio~ by a resolution moved within a period of fifteen days beginning with the day on which the not;fication is so laid before the house of the people or, as the case may be, the legislative assembly of the state and if the house of the people or, as the case may be, the legislative assembly of the state makes any modification in the notittcation' or directs that the notification should cease to have effect, the notification shall thereafter have effe~ onlv in such modified fom} or be of no effect, as the case may be ' bill further to amacl the commillion at ihqwl'j an 1_ | Parliament_bills | 156989fd-6315-5ae3-a525-129d333a317c |
bill no 8% of 1982 the estate duty (amendment) bill, 1982 a billfurther to amend the estate duty act, 1953 bp; it enacted by p~liament in the thirty-third year of the republic of india as follows:-1 this act may be called the estate duty (amendment) act, 1982 short title 34 of 1953 z in section 5a of the estate duty act,' 1953 (hereinafter referred 5 to as the principal act), after sub-section (2a) , the following sub-section shall be inserted, namely:-amendmentof section sa "(2b) the, amendments made to this act by sections 3 to 6 of the estate duty (amendment) act, 1982, shall apply, and shall be deemed to have applied, on and from the 1st day of march, 1981, to 10 estate duty in respect of agricultural lands situate in the territories comprised in-(4) the states of bihar, gujarat, haryana, himachal pradesh, madhya pra'desh, maharashtra, orissa and tamil nadu; and (b) any other states which the central government may 's by notification in the official gazette, specify in this behalf after resolutions have been passed by the legislatures of those states adopting the proposals with respect to such amendments or the said amendments, as the case may be, under clause (1) of article 25201 the constitution" insertion of new section 16a 3 after section 16 of the principal act and before the heading icspecia} ptoviaions 7'elating to transfers to companies", the following section shall be inserted and shall be deemed to have been inserted with effect from the 1st day of march, loot, namely:-interest of the deceased in buudin~ allotted or leased' to him by a co-operative society il6a where at the time of his death, the deceased was a member 5 of a co-operative society, being a co-operative housing society, and a building or part thereof allotted" or leased to him under a house building scheme of the society, continued to remain allotted or leased to him at the time of his death, he shall, notwithstanding anything contained in this act or any other law for the time being in 10 force, be deemed to be the owner of such building or part at the time of his death and such building or part shall be deemed to pass on his death and, in determining the value of such building or part, the value of any outstanding instalments of the amount payable under such scheme by the deceased at the time of his death to the 15 society towards the cost of such building or part and the land appurtenant thereto shall, whether the amount so payable is described as such or in any other manner in such scheme, be allowed as a debt owed by him in relation to such building or part 2 of 1912 explamtion-for the pullposes of this section and section 33, sio "co-operative society" means a co-operative society registered under the co-operative societies act, 1912 or under any other law for the time being in force in any state for the registration of co-opel'ative societies' ' ~-' , c in section 33 of tlie principal act, in sub-section (1), after clause 25 (n), the following clause shall be inserted and shall be deemed to have been inserted with effect from the 1st day of march, 1981, namely:-amendmentol aectlod 33 "(nn) any deposits with a co-operahve society, bein~ a c0-operative housing society, made by the deceased who wac; a mem1jer of the society to whom a buildin~ or part thereof was allotted or go leased under a house building scheme of the society, where such deposits had been made under sucli scheme;" 5 in section 36 of the principal act, after sub-section (2), the followin~ sub-section shall be inserted and shall be deemed to have been inserted with effect from the 1st day of march, 1981, namely:-35 amendmentof section 88 1(3) notwith!'!tanding anything contained in sub-section (1) or sub-section (2)" the principal value of one residential house or part thereof belonmn~ to the deceased (which the rccountable pers~n may at his option specify in writing in this behalf)" s11a11 be,-"(a) where the value of such house or part is included in 40 computing the net wealth of the deceased for the purposes of -making an assessment under the wealth-tax act, 1957 (hereafter 27 qt 1957 in this sub-section referred to as the wealth·tax act) in respect of his net wealth on the valuation date immediately precedin~ the date of his death, the value as taken bv the wealth-tax offieer 45 tor the purposes of wch assessment; an4 (b) in any other case, the value of such house or part,_ (i) on the said valuation date; or 5 10 (ii) where such house or part was constructed, acquired or otherwise became the property of the deceased after the said valuation date, on the date of his death , as determined by the contr~uer in accordance with the provisions of the wealth-tax act· and the rules made thereunder; and, for this purpose, in a case where the provisions of sub-section (4) of section 7 of that act apply, the provisions of that sub-section shall have effect as if the words "throughout the period of twelve months immediately !preceding the valuation date", occurring therein, had been omitted and as if the references therein to the option of the assessee had been references to the option of the accountable person 20 explanation 1-where the value adopted to be the value of a house or part in accordance with the provisions of clause (a) of this sub-section is subsequently varied by an order in any proceeding under the wealth-tax act, the value as so adopted shall be deemed to be a mistake apparent from the record within the meaning of section 61 and the controller shall rectify the order, if any, passed by him, by substituting for the value as so adopted the value as so varied and the provisions of the said section shall apply accordingly, the period of five years specified in that section being reckoned from the date of the order under the wealth-tax act varying the value of the house or part explanation 2-for the purposes of this sub-section, the expressions "net wealth", "valuation dateand "wealth-tajq officer" shall have the same meanings as in the wealth-tax act' • in the second schedule to the principal act, for part i, the follow-amend-30 ing part shall be substituted and shall be deemed to have been substimeat of tuted with effect from the 1st day of march, 1981, namely:-=:'le "part iin the case of any property which passes or is deemed to pass on the death of the deceased-nil; s5 (1) where the principal value of the estate does not exceed rb 1,50,000 ]0 per cent of the amount by which the principal value of the estate exceeds rs 1,50,000; (2) where the principal value of the estate exceeds rs 1,50,000 but does not exceed rs 2,00,000 (3) where the principal value of the estate exceeds rs 2,00,000 but does not exceed rs 3,50,000 45 (4) where the principal value of the estate exceeds rs 3,50,000 but does not exceed rs 5,00,000 rs 5,000 plus 15 per cent of the amount by which the principal value of the estate exceeds rs'2,oo,000; rs 27,500 plus 25 per cent of the amount by which the principal value of the estate exceeds ri 3,50,000; rs 65,000 plus 30 per cent of the amount by which the principal (5) where the principal value of the estate exceeds rs 5,00,000 but does not exceed rs 10,00,000 va1u~ of the estate exceeds rs 5,00,000; \ (6) where the principal value of the estate exceeds rs 10,00,000 but does not exceed rs 15,00,000 (7) where the principal rs 2,15,000 plus 40 per cent of the 5 amount by which the principal value of the estate exceeds ri 10,00,000; - rs 4,15,000 plus 50 per cent of the amount by which the principal 10 value of the estate exceeds rs 15,00,000; valu~ of the estate exceeds rs 15,00,000 but does not exceed rs 20,00,000 (8) where the principal value of the estate exceeds rs 20,00;000 rs 6,65,000 plus 85 per cent of the amount by which the principal value of the estate exceeds 15 rs 20,00000" i this bill seeks to amend the estate duty act, 1953 mainly with a view to providing certain concessions in relation to estate duty 2 one of the amendments proposed sepks to raise the exemption limit of estate duty from rs 50,000 to rs 1,50,000 the rate of estate duty in the first slab of estate range of rs 1,50,001 to rs 2,00,000 will be 10 per cent, ie, the same rate as is applicable at present in the estate range of rs 1,00,001 to rs 2,00,000 the rate schedule of estate duty is proposed to be recast accordingly 3 under another amendment, the value of one residential house belonging to the deceased would, for purposes of estate duty, be taken at the same value as determined by the wealth-tax officer for the purposes of assessment or the net wealth of the deceased on the valuation date immediately preceding the date of death of the deceased where the value of such house is not 80 included in the net wealth of the deceased, its value would be detennined by the controller in accordance with the provisions contained in the wealth-tax act and the rules made thereunder 4 another amendment seeks to make a provision similar to that contained in the iucome-tax act, 1961 and the wealth-tax act, 19m, to secure that where the deceased was a member of a co-operative housing / society the value of one house or part thereof allotted or leased to him under a house-building scheme of the society would be treated as a house owned by the deceased, thus qualifying for the concessional treatmedt accorded to residential house property 5 the other amendments proposed in the bill are of a consequential nature 6 the amendments are being made with retrospective effect from the 1st day of march, 1981 and accordingly the proposed concessions will also be available in relation to estate duty in the case of persons who have died after the 28th february, 1981 7 the bill seeks to achieve the above objects new delhi; pranab mukherjee the 26th april, 1982 president's recommendation under articles 117 and 2'74 of the constitution of india[copy of letter no f 13/fb/81-tpl dated the 25th june, 19'82 from shri pranab kumar mukherjee, minister of finance to the secretary, lok sabha] the president having been informed of the subject matter of the proposed bill further to arnend the estate duty act, 1953, has recommended under article 117(1) and article 274(1) of the constitution of india the introduction of the estate duty (amendment) bill, 1982, in , the lok sabha extracts from the estate duty act 1953exemp· tions (34 of 1953) - - - - - 33 (1) to the extent specified against each of the clauses in this sub·section, no estate duty shall be payable in respect of property of any of the following kinds belonging to the deceased which passes on his death- - - - - - the second schedule (see sections 5, 20a and 35) rates of estate duty part iin the case of any property which passes or is deemed to pass on the death of the deceased-nil (1) wliere the principal value of the estate does not exceed rs50,ooo (2) where the principal value of the estate exceeds rs 50,000 but does not exceed rs 1,00,000 (3) where the principal value of the estate exceeds rs 1,00,000 but does not exceed rs 2,00,000 4 per cent of the amount by which the principal value of the estate exceeds rs 50,000; rs 2,000 plus 10 per cent of the amo'unt by which the principal value of tm arate exceeds rs 1,00,000; (4) where the principal value of the estate exceeds rs 2,00,000 but does not exceed rs 3,50,000 i i:"~ \ (5) where the principal value of the estate exceeds rs 3,50,000· but does not exceed rs 5,00,002 rs 12,000 plus 15 per cent of the amount by which the principal value 'of the utate exceeds rs 2,00,000; rs 34,500 plus 25 per cent of the amount by which the principal value of the estate exceeds rs 3,50,oooj (6) where the principal value of the estate exceeds rs 5,00,000 but does not exceed rs 10,00,000 (7) where the principal value of the estate exceeds rs 10,00,000 but does not exceed ri 15,00,000 rs 72,000 plus 30 per cent of the amount bv which the principal value of the eatate exceeds rs 5,00,000; rs 2,22,000 plus 40 per cent of the amount by which the principal value of the estate exceeds rs 10,00,000; (8) where the principal value of the estate exceeds rs ·15,00,000 but does not exceed rs 20,00,000 rs 4,22,000 plus 50 per cent of the amount by which the principal value of the estate exceeds rs 15,00,000; (9) where the principal value of the estate exceeds rs 20,00,000 rs 6,72,000 plus 85 per cent of the amount bv which the principal value of the estate exceeds rs 20,00,000 billfurther to amend the estate duty act, 1953 (shri pranab kwmar mukherjee, minister of fi1l4nce) | Parliament_bills | 9803471c-3880-5ef5-be2b-6bcf5ba56150 |
bill no xxviii of 2008 the passports (amendment) bill, 2008 a billfurther to amend the passports act, 1967be it enacted by parliament in the fifty-ninth year of the republic of india as follows:—1 (1) this act may be called the passports (amendment) act, 2008short title and commencement(2) it shall come into force on such date, as the central government may, by notificationin the official gazette, appoint2 in section 5 of the passport act 1967, in sub-section (2), after clause (c) the following proviso shall be inserted, namely:—amendment of section 5 of act 15 of 1967''provided that the passport authority shall not refuse to issue passport to an applicant claiming to the indian citizen without making an inquiry and without perusing documents produced by the applicant, and shall, in case the authority is not satisfied with the documents produced by the applicant, visit the area where the applicant resides and record the statements of persons in the neighbourhood of the applicant, and also take on record evidence in the form of affidavits, if produced by the applicant, with respect to the place of birth and death of applicant's parents, duration of applicant's stay in india, education, marriage, employment and other details, before making any order regarding the application to grant the passport" statement of objects and reasonsright to obtain a passport has been recognised as a part of the fundamental right, which is inherent in article 21 of the constitution of india courts of law have, elaborately, laid emphasis on this right besides, the world is becoming a global village and free flow of people, money, material and ideas across the globel is gaining momentumhowever, getting a passport document for the rich and affluent poses no problem but, a large section of people from the lower and middle income groups, who propose to go to foreign countries for employment or otherwise, especially to visit their near and dear ones do not get proper hearing in the offices of passport authorities these officers adopt a straight jacket formulate, which result in harrassment of the applicants seeking passportsthere are many cases in which those who were abroad came back to india at an age, when they were children but have no passport in their possession they are not aware of the passports that were issued to their parents or about the passport issued to him or her as a child now, if any of these people apply for passport, the passport authority insists on the production of their earlier passport documentsin fact, it is the duty of the passport authorities to make necessary inquiry and ascertain the facts in the absence of passport document if there be other evidence to prove the nationality of the persons concerned, the passport authorities should not arbitrarily refuse to issue passport documents the bill therefore seeks to amend section 5 of the passport act, 1967 to make it mandatory for passport authorities to take all the evidence that a person applying for passport may produce and also provides that the passport authority should visit the locality where the applicant resides to ascertain the facts instead of arbitrarily denying passports to the peopleshantaram naik extracts from the passports act, 1967 5 applications for passports, travel documents, etc, and orders thereon(1) an application for the issue of a passport under this act for visiting such foreign country or countries (not being a named foreign country) as may be specified in the application may be made to the passport authority and shall be accompanied by such fee as may be prescribed to meet the expenses incurred on special security paper, printing, lamination and other connected miscellaneous services in issuing passports and other travel documentsexplanation—in this section, "named foreign country" means such foreign country as the central government may, by rules made under this act, specify in this behalf(1a) an application for the issue of—(i) a passport under this act for visiting a named foreign country; or (ii) a travel document under this act, for visiting such foreign country or countries(including a named foreign country) as may be specified in the application or for an endorsement on the passport or travel document referred to in this section, may be made to the passport authority and shall be accompanied by such fee (if any) not exceeding rupees fifty, as may be prescribed (1b) every application under this section shall be in such form and contain such particulars as may be prescribed(2) on receipt of an application under this section, the passport authority, after making such inquiry, if any, as it may consider necessary, shall, subject to the other provisions of this act, by order in writing,—(a) issue the passport or travel documents with endorsement, or, as the case may be, make on the passport or travel document the endorsement, in respect of the foreign country or countries specified in the application; or(b) issue the passport or travel document with endorsement, or, as the case may be, make on the passport or travel document the endorsement, in respect of one or more of the foreign countries specified in the application and refuse to make an endorsement in respect of the other country or countries; or(c) refuse to issue the passport or travel document or, as the case may be, refuse to make on the passport or travel document any endorsement (3) where the passport authority makes an order under clause (b) or clause (c) of subsection (2) on the application of any person, it shall record in writing a brief statement of its reasons for making such order and furnish to that person on demand a copy of the same unless in any case the passport authority is of the opinion that it will not be 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 to furnish such copy rajya sabha———— a billfurther to amend the passports act, 1967————(shri shantaram laxman naik, mp)gmgipmrnd—659rs(s5)—13-02-2009 | Parliament_bills | 29037a7c-7284-5920-a086-fafffde04b03 |
bill no 31 of 2014 the compulsory teaching of yoga in educational institutions bill, 2014 by dr ramesh pokhriyal 'nishank', mp a billto provide for compulsory teaching of yoga in all educational institutions and for matters connected therewith or incidental theretobe it enacted by parliament in the sixty-fifth year of the republic of india as follows:—short title and commencementdefinitions2 in this act, unless the context otherwise requires,—(a) "advisory council" means the advisory council for yoga education constituted under section 6;5(b) "appropriate government" means in the case of a state, the government of that state and in all other cases, the central government;(c) "educational institution" means a primary or a middle or a secondary or a senior secondary level school imparting education to children, by whatever name such institution is called, but does not include a minority educational institution;(d) "prescribed" means prescribed by rules made under this act; and10(e) "yoga education" means teaching of yoga postures or asanas and such other yoga exercises as would promote the control of the body by bringing in flexibility, strength and endurance and of the mind by enhancing alertness and meditation15compulsory teaching of yoga education in educational institutions3 from such date, as the central government may, by notification in the official gazette specify, the yoga education shall be taught as a compulsory subject in all educational institutions from such class onwards as may be determined by the central government on the recommendation of the advisory council constituted under section 64 the appropriate government shall, immediately after issuance of the notification under section 3, issue directions for compulsory teaching of yoga in all educational institutions, within its jurisdictionappropriate government to issue directions for compulsory teaching of yoga in all educational institutions205 subject to such rules, as may be prescribed, the appropriate government shall ensure appointment of such number of teachers with such qualifications, as may be specified, for teaching yoga in educational institutionsappointment of yoga teachers for yoga education256 (1) the central government shall, within three months of the coming into force of the compulsory teaching of yoga in educational institutions act, 2014, by notification in the official gazette, constitute an advisory council for yoga educationconstitution of advisory council for yoga education(2) the advisory council shall consist of such numbers of persons, having special knowledge or practical experience in the field of yoga education or school education, as the central government may deem fit7 the advisory council shall perform the following functions, namely:—30functions of the advisory council(a) recommend to the central government the syllabus of yoga education for each class upto senior secondary level;(b) recommend to the central government the class from which onwards the yoga education is to be taught in educational institutions;| ( | c | ) recommend to the appropriate government the qualifications of teachers to ||------------------------------------------------------------------------------------|-----|-------------------------------------------------------------------------------|| be appointed in educational institutions for teaching yoga; | | || 35 | | || ( | d | ) recommend to the appropriate government the institutions which may be || given recognition for training teachers in yoga education for the purpose of their | | || appointment in educational institutions; and | | || 40 | | || ( | e | ) co-ordinate with the appropriate government and school authorities with a || view to ensuring effective implementation of the provisions of this act | | |8 notwithstanding anything contained in this act, the provisions of this act shall apply to minority institutions only if the management of such institutions convey to the appropriate government their willingness to include the yoga education in their school curriculumact to apply to minority educational institutions in certain situation59 the appropriate government shall derecognize such educational institutions,which do not comply with the provisions of section 4, after giving such institution a reasonable opportunity of being heardderecognition of educational institutions for noncompliance of the provisions of the act10 the central government shall, after due appropriation made by parliament by law in this behalf, provide adequate funds to the state governments for carrying out the purposes of this act10central government to provide fund11 the provisions of this act shall have effect notwithstanding anythinginconsistent therewith contained in any other law for the time being in forceoverriding effect of the act power to make rules12 (1) the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act1520(2) every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both the houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule statement of objects and reasonsmodern education system in schools lays emphasis on imparting quality educationhowever, our modern education is missing out on yoga education and is, therefore, incomplete without it yoga education is not new to us but we are forgetting to blend it with the standard school curriculum yoga has been a valuable and necessary tool for educationyoga education is gaining popularity across the world considering the importance of yoga education, many western countries have already included yoga in their national school education system it is well accepted that yoga not only improves the physical and mental health but also disciplines the mind and improves the power of concentration many studies show that the practice of yoga inhibits many curative qualities moreover, yoga education is cost-effective as it requires modest infrastructure and money yoga is a non-competitive activity as it enables the participants to enjoy physical workout without experiencing any pressureintroduction of yoga education in schools will make positive impact on the health and psycho-social well-being of the students, enrich their thinking, understanding and imagination and improve the teaching and learning abilities yoga will not only enhance the ability of students to deal with the stress and pressures of daily life but also help in realizing them their full potentialin modern fast paced times, yoga not only enable to cope up with increasing stress, depression, aggression, anger, emotional and mental exhaustion in our daily life but also teach us the art of balanced living therefore, yoga is considered as a way of living with health and peace of mind it is, therefore, urgently required that yoga education is made compulsory in all educational institutions from primary to senior secondary level so that we can foster confidence and self-esteem in the minds of our upcoming generations in schoolsthe bill, therefore, seeks to provide for making yoga education compulsory in all educational institutions right from primary school level to senior secondary level in order to make it a part of school curriculumhence this billnew delhi;ramesh pokhriyal 'nishank'june 12, 2014 financial memorandumclause 5 of the bill provides for appointment of yoga teachers for imparting yoga education in educational institutions clause 6 provides for constitution of an advisory council for yoga education by the central government clause 10 provides for payment of adequate funds to the state governments for carrying out the purposes of the act the bill, therefore, if enacted, would involve expenditure from the consolidated fund of india at this stage, it is not possible to give exact estimate of expenditure, both recurring and non-recurring, which will be incurred from the consolidated fund of india, if the bill is enacted into a law however, it is estimated that an annual recurring expenditure to the tune of rupees one hundred crore will be involveda non-recurring expenditure of about rupees one hundred crore is also likely to be involved memorandum regarding delegated legislationclause 12 of the bill empowers the central government to make rules for carrying out the purposes of the bill as the rules will relate to matters of detail only, the delegation of legislative power is of a normal character———— a billto provide for compulsory teaching of yoga in all educational institutions and for matters connected therewith or incidental thereto————(dr ramesh pokhriyal 'nishank', mp)gmgipmrnd—713ls(s-3)—27062014 | Parliament_bills | 731d98ef-26d6-53c9-a05d-99b089b29d9a |
the medicinal and toilet prepara- tions (iixcise duties) amendment bill, 1961(to be introduced in lox sabra) - the medicinal and toilet preparations (excise duties) amendment bill, i¢i (to be introduced in loit sabra) a billto amend the medicinal and toilet preparationa (ezeiote duties) act 1955 be it enacted by parliament in the twelfth year of the republic of india as follows:-1 (1) this act may be called the medicinal and toilet prepara- short title tions (excise duties) amendment act, 1961 :!:nt (2) it shall come into force on such date as the central government may, by notification in the official gazette, appoint 2 in section 19 of the medicinal and toilet preparations (excise amendment dutie/i) act, 1955 (hereinafter referred to as the principal act), for of section 19 bub-section (4), the follo'wing suboteetion shan be substituted, namely:-"(4) every rule made under this section shall be laid as soon as may be after it is made before each hour of parliament while it is in session for a total period of thirty d,aya which ma, b comprised in one session r1r in two iuol!essive lifision&, 'add if before the expiry of the session in whic!h it fa 'it) laid or the session immediately following both hou&h 'agree in ·ma1dn« iny modification in the rule or both houses agree that the,rule-laould not be made, the rule shall th~reafter have eftect 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 fejudice to the validity of anythinlpreviouily 'dom adder that nue" amendment 3 in the principal act, for the schedule, the following schedule of schedule shall be substituted, namely:- "the schedule (see section 3)| description | of | dutiable goods ||--------------------------------------------------|----------------------------|-------------------|| rate | | || of | duty | || s | | || item | | || no | | || rupees three | and | || eighty | | || five | | || naye | | || paise | | || per litre | of | || i | | || medicinal preparations, contain | in, | alcohol, || which are | | || prepared | | || by distillation or to | | || which alcohol has been added, and which | | || are capable | | || of | being consumed | as || alcoholic beverages | | || the strength | of | || 10 | | || london proof spirit | | || nil | | || is | | || 2 | | || medicinal preparations not otherwise spe- | | || cified containing | | || alcohol- | | || (,) ayurvedic preparations | contammg | || self-generated alcohol, which are not | | || capable | of | being consumed || alcoholic beverages | | || thirty eight | | || naye | | || paise | | || per litre | | || 20 | | || (ij) | | || ayurvedic preparations containing | | || self-generated alcohol, which are | | || capable | | || of | being consumed as ordinary | || alcoholic beverages | | || (iii) | | || all | | || others | | || rupee one | and ten | || naye | paise | || per litre | | || of | the strenrth | of || london prootspirit | | || 25 | | || 3 toilet preparations containing alcohol, which | | || are prepared by distillation | | || or | to which | || alcohol has been added | | || rupees seven | per | || litre | | || of | the strength | || of | london | proof || spirit | | |explanation i-"london proof spirit" means that mixture of ethyl 30 'alcohol and distilled water which at the temperature of 51 degrees fahrenheit weighs exactly 12/13th parts of an equal jileasure of distilled water at the same temperature explanation ii-where in respect of any dutiable goods the unit of assessment for the purpose of any duty under this act is a litre of 35 the strength of london proof spirit, the duty shall be increased or reduced in such proportion as the strength of' the dutiable goods is gt~ater or less than that of the london proof spirit" statement of objects and reasonsconsequent on the decision to adopt metric units from the 1st april, 1961, in the sale of alcohol and collection of duty thereon, it is proposed to provide for the levy and collection of excise duty on medicinal and toilet preparations in terms of metric units at present toilet preparations that are considered capable of being consumed as ordinary alcoholic beverages, are subject to duty at the rate of rs 17/8/- and others at the rate of rs 5 per 'gallon of the strength of london proof spirit, since toile;t preparations are in the nature of luxury articles and there is no foreign competition-imports being banned or severely restricted-it is proposed to fix a uniform rate of duty of about rs 32 per gallon of the strength of london proof spirit which comes to rs 7 'per litre in terms of metric units, irrespective of whether the preparations are capable of being consumed as ordinary alcoholic beverages or not under existing item 2 (ii) of the schedule to the act, ayurvedic preparations containing self-generated alcohol which are capable of being consumed as ordinary alcoholic beverages are subjected to duty at the rate of rs 3 per gallon however, by virtue of" the provision contained in sectiqn 19 (2) (xix) of the act, read with rule 8 of the medicinal and toilet preparations (excise duties) rules 1956, the rate of duty with respect to such preparations has been reduced to rs 1· 75 per gallon with effect from the 10th september, 1960, and it is this reduced rate that is proposed to be expressed in terms of metric units in the bill - morarji desai new delhi; the 25th february, 1961 annexure extracts from the medicinal and toilz'l' preparations (excld duties) act, 1955 (16 of 1955)(4) all rules made 'by the central government under this section aan he jaid hebiie·beich & __ af'partiamaat as iooil i!my'be -after tbeyaremade the schedule (see aect1on 3)| 'description | of | dutiable ||------------------------------------|-------------------|-------------------------------|| goods | | || rate | | || of | duty | || item | | || no | | || !i | | || ,mediqnd | | || and'toilet | | || prepantiolll, | | || containiag | | || akohol, | | || whicb | | || au: | | || roparcd | | || bydjstiuadon | | || or | to | which alcohof has been addad, || which | | || are | | || capable | of | || being | | || consumed | | || is | | || | ordinry | leo1dic || :beveragas | | || 2 | | || medicinal | | || and | | || toilet ,preparatiaas dot01hcr- | | || wise | | || speclfied containing | alcrihol- | || ftnl | | || ,(t") | | || -ayurvodic: | | || pnparationl | | || ~ | | || self-generated alcohol, which are | not | || capable | of | being consumed || as | | || ordinary | | || alcoholic | | || beverages | | || rupees | | || tbme | | || per | | || jauon | | || (i") | | || ayurvedic preparations | containing | || self-generated alcohol, which | are | || capable | of | being consumed as || alcoholic beverages | | || (ii") | | || all | | || others | | || rupees | five | || per | | || gallon | | || of | the | || strength | | || of | | || london | proof | spirit || nil | | || 3 | | || medicinal and toilet preparations, | not | con- || taining alcohol, | | || but | containing opium, | || indian hemp, | | || or | other narcotic | || drug | | || or | | || iuli'totic | | |explanation 1_" gallon" means a measure of capacity which is equivalent to 160 fluid ounces explanation ii-"london proof spirit" means that mixture of ethyl alcohol and distilled water which at the temperature of 51 degrees fahrenheit weighs exactly 12/13th parts of an equal measure of distilled water at the same temperature explanation iii-where in respect of any dutiable goods the unit of assessment for the purpose of any duty under this act is a gallon of the strength of london proof spirit, the duty shall be increased or reduced in such proportion as the strength of the dutiable goods is greater or less than that of the london proof spirit a bill to amend the medicinal and toilet preparations (excise duties) act, 1955 the president has, in pursuance of clause (1) of article 117 and clause (i) of article 274 of the constitution of india, recommended to lok sabha the introduction of the bill mnkaul, sicf',tary - | Parliament_bills | 8e6b7297-8135-5ff1-8c45-1bccf45d4399 |
t h e h i g h g d l j l t a kd s o t em 3 coulit j l d g e s ( coi^di t i 0 i ; b o p 3 z r 7 i g e ) b i l l ,[ x'o o e / a s i n t r o d u c e d i n l o k g a b h a )1 p 5- g e 1 , l i n e 1 5 -f o r - b c c u r i n r " r e a d ' b c c u r r i n ?2 p a g e 3 , l i n e 1 0 , -f o r " 1 0 r s ^ , 0 0 0 " r e a d 'b s ^ , o o o "3 p a g e 3 ; a g a i n s t l i n e 3 1 i n t h e m a r g i n , -i n s e r t " ^ 1 o f 1 9 5 8 « " p a g e 3 , l i n e 3 3 , -f o r " c l a u s e ( i i ) " r e a d " c l a u s e ( i i i ) "5 p a g e a g a i n s t l i n e 3 i n t h e m a r g i n , -i n s e r t " v 3 o f 1 9 ^ 1 "4 p a g e 'm-, l i n e 2 1 , -r :2 t " l / '+0 0 0 " r e a d ' h - o o "7 p a g e l i n e 3" 5 0 c "k e w d e l s i ;m a r d i 2 , 1 9 8 8p h a i g u n a 1 k' i y k a )biu no 17 of 198sthe high court and suprem e court j u d g ^ ''"(conditioi^^ of service) amendment bill, 1988 a billfurther to amend the high court judges (conditions of service) act, 1954 and thse supreme court judges (conditions of service) act, 1958be it enacted by parliam ent in the t hirty-ninth y ear of the republic of india as follows: — chapter 1 p r e u m in a r y1 (1) this act m ay be called the high court and suprem e judges (conditions of service) am endm ent act, 1988court short title and com-(2) the provisions of sections 2 and 5 shall be deemed to have come mence into force on the 1st day of january, 1986 and the provisions of sections 3, ment4, 6 and 7 shall be deemed to have come into force on the 1st day of 10 november, 1986 chapter ii a m e n d m e n t o f th e h ig h c o u r t ju d g es (c o n d itio n s o f s erv ice) a ct, 1954amendment of2 in section 17a of the high court judges (conditions of service) act, 2s of 1954 1 9 5 4 (hereafter in this chapter referred to as the high court judges act),15 in sub-section (^), in clause (ii), the word "and" occuring at the end, and danse (iii), shall be omitted3 for section 22d of the high court judges act, the following section shall be substituted, nam ely:—substitution of new section for section 22d'22d n otw ithstanding anything contained in the income-tax act,1961,— 43 of 1961(a) the value of rent-free official residence provided to a 5 judge under sub-section (i) of section 22a or the allowance paid to him im der sub-section (2) of th at section;(b) the value of the conveyance facilities provided to a judge under section 22b;exemption from liability to pay incometax on certain perquisites received by a judge(c) ther sum ptuary allowance provided to a judge under jq section 22c, shall not be included in the com putation of his incom e chargeable under the head "salaries" under section 15of the incom e-tax act, 1961/4 in the f irst schedule to the high court judges act,—(a) in p art i —15amendment of first sche dule(i) for paragraph 2, the following paragraph shall be substituted, nam ely:—■'2 subject to th6 other provisions of this part, the pension payable to a judge to whom this part applies and who has completed not less than seven years of service for pen- 20 sion shall be,—(a) for service as chief justice in a n y high court, rs 4,500 per annum for each completed year of service;(^) for service as any other judge in any high court, rs 3,430 per annum for each completed year of service: 25provided that the pension under this paragraph shall in no case exceed rs 54,000 per annum in the case of a chief justice and rs 48,000 per annum in the case of any other judge"; (h) paragraphs 3 to 5 shall be om itted; 30(ill) for paragraph 6, the following paragraph shall be substituted, nam ely:—"6 a judge who has rendered service for pension both as chief justice and other judge in any high court may elahn that any period of service of less than a completed year ren- 3 5 dered by him as chief justice, or any portion of any such period, shall be treated for the purposes of paragraph 2 as service rendered by him as other judge/';(iv) in paragraph 8 , for the word "twelve'' and for the figures ^'20000'^, the word '^fourteen'' and the figures ''54,060'' shall res- 40 pectively be substituted;(v) in paragraph », for the fisrures "6 ,0 0 ft", the figures "15,750" shall be substituted),(vi) paragraphs 1 0 and 1 1 shall be omitted;( 6 ) in part ii,—5 (i) to paragraph 2 , the following proviso shall be added, namely:— "provided that the pension under clause (a) and the addi tional pension under clause (b) together shall in no case ex ceed bs 54,000 per annum in the case of a chief justice and 10 10 rs 48,000 per annum in the case of any other judge"i, (ii) in paragraph 3, for the figures "1,333", "1,600", "1 ,8 6 6 ","2,133", "2,400" and "2,666", the figures "3,466", "4,160", "4,851", "5,545", "6,240" and "6,933" shall respectively be substituted; (in) paragraph 4 shall be omitted;15 (c) in part iii,—(i) in paragraph 2 ,— (a) in clause (&), for the figures "500" and "2,500", the figures "1,600" and "8 ,0 0 0 " shall respectively be substituted;(b) after clause (i>), the following proviso shall be in-2 0 serted, namely:—"provided that the pension under clause (a) and the additional pension under clause (b) together shall in no case exceed rs 54000 per annum in the case of a chief justice and rs 48,000 per annum in the case of any other 25 judge,";(ii) paragraphs 3 and 4 shall be omitted chapter iiia m e n d m e n t of the s xjpreme c ourt j tjdges (c o n d itio n s of s ervice) a ct, 1958amendment of section ?6a30 5 in section 16a of the supreme court judges (conditions of service)act, 1958 (hereafter in this chapter referred to as the supreme court judges act), in sub-section (2), in clause (v), the word "and'" occurring at the end, and clause (ii) shall be omitted6 for section 23d of the supreme court judges act, the following 35 section shall be substituted, namely: —43 of 1961'23d notwithstanding anything contained in the income-tax act, 1961,—(a) the value of rent-free official residence provided to a judge under sub-section (i) of section 23;40(b) the value of the conveyanw facilities provided to ajudge under section 23a;(c) the sumptuary allowance provided to a judge undersection 23bsubstitution of nv?w section for section 23dexemption from liability to pay income-tax on certain perquisites received by a judgeshall not be included in the com putation of his income chargeable under the head "salaries" under section 1& of the incom e-tax act, 1961'amend rj schedule to th e suprem e court judges act —ment of the (o) in p a rt i,— ^schedule (i) in paragraph 2,—(a ) in clause {b), for the figures "470", "20,0®0" and "1,200", the figures "1,235", "37,500" and "3,150" shall respectively be substituted',(b) in the proviso, for the figures "26,000", the figures "60,000" shall be substitutedi,(ii) to paragraph 3, the following proviso shall be added, nam ely:—"provided that the pension under this paragraph shall in no case exceed rs 54,000 per annum"; 15(iii) in paragraph 5, for the figures "7,500", the figures "19,700''' shall be substituted;(i'to paragraphs 6 and 7 shall be om itted;(6) in p art ii,—(i) in paragraph 2 - 20(a ) in clause (b ) , for tee figures "1,4000", th e figures "3,454" shall be su b stituted;(b) for the proviso, the following proviso shall be substituted, nam ely; —"provided that the pension under clause (a) and the 25 additional pension under clause ( b ) together shall in no case exceed rs 60,000 per annum in the case of a chief justice and rs 54,000 per annum in the case of any other judge";(ii) paragraph 3 shall be om itted; 30(c) in p art iii,—(?) in paragraph 2,—(a) in clause (^>) for the figures "5000" and "2,500", the figures "1,600" and "8,000" shall respectively be substituted; 35(b) after clause (b), the following proviso shall be inserted, nam ely:—"provided that the pension under clause (a) and the additional pension under clause ( b ) together shall in no case exceed rs 60,000 per annum in the case of 40 a chief justice and rs 54,000 per annum in the case of any other judge"|,(ii) paragraphs 3 and 4 shall be omittedin accordance w ith section 17a (3) of the h igh c ourt judges (conditions of service) act, 1954 and section 16a (2) of the suprem e court judges (conditions of service) act,, 1958, the rules and orders in force from tim e to tim e w ith respect to grant of death-cum -retirem ent gratuity to an officer of c entral civil services (g roup a) are applicable to those judges of the high courts and suprem e court who did not hold any pensionable post under the union or a s tate prior to their appointm ent as judges (namely, those who w ere advocates) however, the aforesaid provisions, at present, restrict the m axim um am ount of gratuity payable to such judges to rs 50,000 it is proposed to remove the said ceiling2 conveyance facilities and sum ptuary allowance payable to the judges of high courts and suprem e court w ere revised w ith effect from 1-11-1986 by the high court and suprem e court judges (conditions of service) a m endm ent act, 198'6 as the values of these facilities and allowances are treated as "perquisites" for the purpose of computation of income-tax, it has been represented th at the value of these facilities and allowances should be free from income-tax, as otherw ise the benefits would be illusory it is accordingly propsed to exem pt the value of conveyance facilities and sum ptuary allowance payable to the judges from paym ent of incom e-tax w ith effect from 1-11-19863 the rates of pension of those judges of high courts and suprem e court who did not hold a pensionable post before th eir appointm ent as judge, and the rates of additional pension of those judges who have held a pensionable post prior to their appointm ent as judge, w ere enhanced w ith effect from 1-11-1986 by the high court and suprem e court judges (conditions of service) a m endm ent act, 1986 these enhanced rates of pension and additional pension are at present admissible only to those judges who retired on or after 1-11-1986 it is proposed th at the enhanc ed rates of pension and additional pension should be admissible w ith effect from 1-11-1986 even to those judges who retired prior to that date it is also proposed th at the rates of additional pension admissible to judges who were form erly m em bers of the indian civil service be revised, so that they m ay get additional pension at revised rates w ith effect from 1-11-1986 irrespective of the date of th eir retirem ent4 the bill seeks to am end the high court judges (conditions of service) act, 1954 and the suprem e court judges (conditions of service) act, 1958 to achieve the above objectivesn e w d e u u ; b in d esh w a ri d ubeythe 25th fehmary, 1988clauses 2 and 5 of the bill seek to am end section 17a of the high court judges (conditions of service) act, 1954 and section 16a of the suprem e court judges (conditions of service) act, 1958, respectively, so as to remove the ceiling on the m axim um am ount of death-cum -retirem ent gratuity payable to the judges of high courts and suprem e court, who have not held a pensionable post under the union or state prior to th eir appointm ent as judge w ith effect from 1-1-1986 a t present, the m axim um am ount of death-cum -retirem ent gratuity payable to these judges is rs 50,000 by the am endm ents proposed in the aforesaid, clauses the ceiling on the am ount of death-cum -retirem ent gratuity payable to such judges is being removed and they w ill now be entitled to a m axim um of rs 1,00,000 as in the case of c entral g overnm ent em ployees (group a )2 clauses 4 and 7 of the bill seek to am end the f irst schedule to the high court judges (conditions of service) act, 1954 and the schedule to the suprem e court judges (conditions of service) act^ 1958, respectively, to enhance the rates of pension of all those judges who have not held a pensionable post under the union or a state prior to their appointm ent as judge, and the additional pension of all those judges who have held a pensionable post under the union or a state prior to their appointm ent as judge these rates w ere enhanced by th e h igh court and suprem e court judges (conditions of service) a m endm ent act, 1986; however, the enhanced rates were m ade admissible only to those judges who retired on or after 1-11-1986 it is now proposed to give these enhanced rates of pension w ith effect from 1-11-1986 even to those judges who had retired prior to 1-11-19863 the additional pension of judges who were form erly m em bers of the indian civil service, is also proposed to be revised w ith effect from 1-11-1986 irrespective of the date of their retirem ent4 the total expenditure on account of the enhanced death-cum - retirem ent gratuity and the revised pension and additional pension payable w ith effect from 1-11-1986, will be borne by the concerned state governm ents in the case of high courts in the case of delhi high court judges, the whole additional expenditure and in the case of p unjab and h aryana high court judges only 5 per cent, of the additional expenditure is to be borne by the union of india the judges of suprem e c ourt are elevated from amongst the judges/c hief justices of high courts, as such the additional expenditure will be divided betw een the union of india and state governm ents concerned on the basis of completed years of service put in by them in the concerned high courts and the suprem e c ourt the total liability for the additional expenditure on account of the enhanced death-cum -retirem ent gratuity and the revised pension/additional pension on the union of india will approxim ately be rs 10 lakhs per annum 5 clauses 3 and 6 of the bill seek to am end section 22d of the high court judges (conditions of service) act^ 19&4 and section 23d of the suprem e court judges (conditions of service) act, 1958, respectively, so as to exem pt the value of conveyance facilities and sum ptuary allow ance payable to the judges of high courts and suprem e court w ith effect from 1-11-1986, for the purpose of com puting their incom e-tax this am endm ent does not involve any additional expenditure; however, this w ill result in reduced revenue to the g overnm ent by way of incometax payable by the judges of high courts and suprem e court6 the bill does not involve any other expenditure, recurring or nonrecurring !e xtracts fr o m the h igh c o urt j udges (c ond itio n s of s erv ice) a ct, 1954(28 of 1954)17a (i) ♦family pensions and gratuities(3) the rules, notifications and orders for the tim e being in force w ith respect to the grant of death-cum -retirem ent gratuity benefit to or in relation to an officer of the c entral civil services, class i (including the provisions relating to deductions from pension for th e purpose) shall apply to or in relation to the grant of death-cum -retirem ent gratuity benefit to or in relation to a judge who, being in service on or after th e 1st day of october, 1974, retires^ or dies in circum stances to w hich section 17 does not apply, subject to the modifications th at—(ii) the am ount of gratuity shall be calculated on the basis of tw enty days' salary for each completed year of service as a judge; and(hi) the m axim um am ount of gratuity payable shall be fifty thousand rupeesexplanation— in sub-section (3), the expression "judge" has tlie same m eaning as in section 1422d n otw ithstanding anything contained in the incom e-tax act, 1961,—43 of 1961(a) the value of rent-free official residence provided to a judge under sub-section (1) of section 22a; or(b) the allowance paid to him under sub-section (2) of that section, shall not be included in the com putation of his income chargeable under the head "salaries" under section 15 of the incom e-tax act, 1961exemption from liability to pay income-tax on certain perquisites or allowance received by a judge the first schedxjle (see sections 14 and 15) p e n sio n s of j udges p art i2 subject to the other provisions of this p art, the pension payable to a judge to whom this p a rt applies and w ho has com pleted not less than seven years of service foii pension shall be the basic pension specified in paragraph 3 increased by the additional pension, if any, to which he is entitled under paragraph 53 the basic pension to which such a judge shall be entitled shall be—(o) for the first seven completed years of service for pension, rs 5,000 per annum; and(b) for each subsequent completed year of service for pension, a further sum of rs 1,000 per annum;provided that the basic pension shall in no case exceed rs 10,000 per annum4 for the purpose of calculating additional pensions, service as a judge shall be classified as follows:—grade i service as chief justice in any high coiut;grade ii service as any other judge in any high court5 for each completed year of service for pension in either of the grades mentioned in paragraph 4, the judge who is eligible for a basic pension under this part shall be entitled to the additional pension specified in relation to that grade in the second column of the table annexed hereto;provided that the aggregate amount of his basic and additional pension shall not exceed the amount specified in the third colvunn of the said table in relation to the higher grade in which he has rendered service for not less than one completed yeart ableservice additional pension maximum aggregateper annum pension per annumrs rsgrade i 740 20,000grade ii 470 16,0006 a judge who has rendered service for pension in both the grades may claim that any period of service of less than a completed year rendered by him in the higher grade, or any portion of any such period, shall be treated for the purposes of paragraph 5 as service rendered by him in the lower grade- '8 notwithstanding anything contained in the foregoing provisions of this part, the pension payable to a judge who has completed twelve years of service for pension, including not less than six years of service as chief justice of one or more of the h'gh courts, shall be rs 20,000 per annum '0 where a judge to whom this part applies retires or has retired at any time after the 26th january, 1950 without being eligible jor a pension under any other provision of this part^ then, notwithstanding anything contained in the foregoing provisions, a pension of rs 6,000 per annum shall be payable to such a judge:provided that nothing in this paragraph shall apply—(a) to an additional judge or acting judge; or(b) to a judge who at tbe time of his appointment is in receipt of a pension (other than a disability or wound pension) in respect of any previous service under the union or a state10 in the case of a judge to whom this p a rt applies and who has retired on or after the 1st day of october, 1974, the foregoing provisions of this p a rt shall have effect subject to the modifications th at—(i) for paragraph 2, the following paragraph shall be substituted, nam ely:—"2 subject to the other provisions of this p art, the pension payable to a judge to whom this p a rt applies and who has completed not less than seven years of service for pension shall be—(a) for service as chief justice in any high court, rs 2,400 per annum ; and(b) for service as any other judge in any high court, rs 1,600 per annum :provided that the pension shall in no case exceed rs 28,000 per annum in the case of a chief justice and rs 22,400 p er an num in the case of any other ju d g e '';(ii) paragraphs 3 to 5 shall be om itted;(iii) in paragraph 6, for th e w ord and figure "paragraph 5", the w ord and figure "paragraph 2" shall be substituted;(tu) for paragraph 8, the following paragraph shall be substituted, nam ely; —"8 n otw ithstanding anything contained in th e foregoing provisions of this p art, the pension payable to a judge who has completed fourteen years of service for pension, including not less than six years of service as chief justice of one or m ore of the high courts, shall be rs 28,000 p er an n u m ";(v) in paragraph 9 for the figures "6,000'', the figures "8,400" shall be substituted11 in the case of a judge to whom this p a rt applies and who has retired on or- after the com m encem ent of the high court and suprem e c ourt judges (conditions of service) a m endm ent act, 1986, the foregoing provisions of this p a rt shall have effect subject to the modifications th at—(i) for paragraph 2, the following paragraph shall be substituted, nam ely: —"2 subject to the other provisions of this p art, the pension payable to a judge to whom this p a rt applies and who has completed not less than seven years of service for pension shall be—(o) for service as chief justice in any high court, rs 4,500 per annum for each completed year of service;(b) for service as any other judge in any high court, rs 3,430 per annum for each completed year of service; provided th at the pension shall in no case exceed rs 54,000 per annum in the case of a chief justice and rs 48,000 per annum in the case of any other ju d g e " ;(ii) p arag rap h ' 3 ■'hall be om itted;(ni) in paragraph 6, for the w ord and figure "paragraph 5", th word and figure "paragraph 2" shall be substituted;(iv) for paragraph 8, the following paragraph shall be substituted, nam ely: —"8 n otw ithstanding anything contained in the foregoing provisions of this part, the pension payable to a judge who has completed fourteen years of service for pension, including not less than six years of service as chief justice of one or more of the high courts, shall be rs 54,000 per annum ";(v) in paragraph 9, for the figures "6,000''^ the figures "15,750" shall be substituted;(vi) paragraph 10 shall be omitted p art ii2j the pension payable to such a judge shall be—(a) the pension to w hich he is entitled under the ordinary rules of the indian civil service if he had not been appointed a judge, his service as a judge being treated as service therein for the p u r pose of calculating that pension; and(b) the additional pension, if any, to w hich he is entitled under paragraph 33 if such a judge has completed not less than seven years of service for pension in a h igh court, he shall be entitled to an additional pension in accordance w ith the following scale:—p er annum rsfor seven completed years of service for pension • 1,333for eight completed years of service for pension 1,600for nine completed years of service for pension 1,886for ten completed years of service for pension 2,133for eleven completed years of service for pension 2,400for tw elve or m ore completed years of service for pension 2,6664 in the case of a judge to whom this p a rt applies and who has retired on or after the 1st day of october, 1974, paragraph 3 shall have effect subject to the modifications th at—for the figures "1,333", "1,600", "1,866", "2,133", "2,400" and"2,666", the figures"!,866", "2,240", "2,612", "2,986", "3,360" and "3,733" shall respectively be substitutedp art iii « « the pension payable to such a judge shall be—(b) a special additional pension of rs 500 p er annum in respect of each com pleted year of service for pension but in no case such additional pension together w ith the additional or special pension, if any, to w hich he is entitled under the ordinary rules of his service, shall exceed rs 2,500 per annum 3 in the case of a judge to whom this p art applies and who has retired on or after the 1st day of october, 1974, clause (b) of paragraph 2 shall have effect subject to the modifications th at—for the figures "500" and "2,500", the figures "700" and "3,500" shall respectively be substituted4 in the case of a judge to whom this p a rt applies and who has retired on or after the com m encem ent of the high c ourt and suprem e c ourt judges (conditions of service) a m endm ent act, 1986, the foregoing provisions of this p a rt shall have effect subject to the modifications th at—(i) in paragraph 2,—(a) in clause (b), for the figures "500" and "2,500^, th e figures "1,600" and "8,000" shall respectively be substituted;(b) after clause (b), the following proviso shall be inserted, nam ely: - /"provided th at the pension under clause (a) and the additional pension under clause (b) together shall in no case exceed rs 54,000 per annum in the case of a chief justice and rs 48,000 per annum in the case of any other judge";(ti) paragraph 3 shall be omittede xtracts fh o m the s u p r e m e c ourt j udges (c o n d itio ns of s ervice)a ct^ 1968(41 of 1958) " - 16a »family pensioa (2) the rules, notifications and orders for the tim e being in force•ndgra w ith respect to the grant of death-cum -retirem ent gratuity benefit to or in relation to an officer of the c entral civil services, class i (includ ing the provisions relating to deductions from pension for the purpose) shall apply to or in relation to the g ran t of death-cum -retirem ent gratuity benefit to or in relation to a judge who, being in ^ rv ic e on or after th e 1st day of october, 1974, retires, or dies in circum stances to w hich section 16 does not apply, subject to the modifications that— ♦ (ii) the am ount of gratuity shall be calculated on the basis of tw enty days' salary for each completed year of service as a judge; and(iii) the m axim um am ount of gratuity payable shall be fifty thousand rupees |explanation—in sub-section (2), the expression "judge" has the same m eaning as in section 1323d n otw ithstanding anything contained in the iiicome-tax act, 1961, the value of rent-free official residence provided to a judge \m der subsection (1) of section 23 shall not be included in the com putation of his income chargeable under the head "salaries" under section 15 of the incom e-tax act, 1961 the scheduleexemptionfromliability to payincometax on certain perquisites received by a judge(see sections 13 and 14)p en sio n s o f j uikjes p art i 2) subject to the provisions of this p art, the pension payable to a chief justice to whom this p a rt applies and who has completed not less than seven years of service for pension as a judge in india shall be an am ount equal to the sum of the following amounts, th at is to say,—(b) an additional am ount of rs 470 per annum for each completed year of service as the chief justice of the suprem e court until ;he has become entitled to a pension of rs 20,000 per annum , and thereafter an additional am ount of rs 1,200 for each completed year of such service:provided that the aggregate am ount of his pension shall in no case exceed rs 26,000 per annum3 the pension payable to any other judge to whom this p art applies and who has completed not less than seven years of service for pension as a judge in india shall be an am ount equal to the pension which would have been payable to him in accordance w ith the scale and provisions in p art i of the f irst schedule to the high court judges (conditions of service) act, 1954, if his service as a judge had been rendered as a chief justice of a high c o u rt5 w here a judge to whom this p art applies retires w ithout being eligible for a ipension under any other provision of this part, then, notw ithstanding anything contained in the foregoing provisions, a pension of rs 7,500 per annum shall be payable to such a judge:provided that nothing in this paragraph shall apply to a judge who at the tim e of his appointm ent is in receipt of a pension (other than a disability or wound pension) in respect of any previous service under the union or a state6 in the case of a judge to whom this p art applies and who has retired on or after the 1st day of october, 1974^ the foregoing provisions of this p art shall have effect subject to the modifications that—(a) in paragraph 2,—(i) in clause (b),—(a) for the figures "470", the figures "658'' shall be substituted;(b ) for the figures "1,200" the figures "1,680" bhall be substituted;(ii) in th e proviso, for the figures "26,000", the figures "36,400" shall be substituted;(b) in paragraph 5, for the figures "7,500", the figures "10,500" shall be substituted7 in the case of a judge to whom this p a rt applies and who has retired on or after the com m encem ent of the high c ourt and suprem e c ourt judges (conditions of service) a m endm ent act, 1986, the fore going provisions of this p art shall have effect subject to the modifications th at—(i) in paragraph 2,—(a) in clause (b), for the figures "470", "20,000" and "1,200", the figures "1,235", "37,500'' and "3,150" shall respectively be substituted;(b) in the proviso, for the figures "26,000", the figures "60,000 ' shall be substituted;(ii) to paragraph 3, the following proviso shall be added, nam ely"provided th at the pension under this paragraph shall in no case exceed rs 54,000 per annum "(iii) in paragraph 5, for the figures "7,500", the figures "19,700" shall be substituted:(iu) paragraph 6 shall be om ittedp art ii ♦ ♦ ♦r the i>ension payable to such a judge shau be—(b) an additional am ount of rs 470 per annum for each completed year of service as the ichief justice of the suprem e court xintil he has become entitled to a pension of rs 20,000 per annum , and thereafter an additional am ount of rs 1,200 for each com pleted year of such service;provided th a t the aggregate am ount of his pension shall in no case exceed rs 26,000 per annum 3 in the case of a judge to whom this p art applies and who has retired on or after the 1st day of october, 1974, the foregoing provisions of this p a rt shall have effect subject to the modifications th at in paragraph 2,— i ^(i) in clause (b), for the figures "1,400", the figures "1,960" shall be substituted;(ii) in the proviso, for the figures "20,000", the figures "28,000' shall be substituted;♦ ♦ ♦ ♦2 the pension payable to such a judge shall be— « «(b) a special additional pension of rs 500 per annum in respect of each com pleted year of service for pension as a judge in india b u t in no case such additional pension together w ith the additional or special pension, if any, to which he is entitled under the ordinary rules of his service shall exceed rs 2,500 per annum 3 in the case of a judge to whom this p art applies and who has retired on or after the 1st day of october, 1974, the foregoing provisions of this p a rt shall have effect subject to the modifications that in clause(b) of paragraph 2, for the figures "500" and "2,500", the figures "700" and "3,500" shall respectively be substituted4 in the case of a judge to whom this p a rt applies and who has retired on or after the commencement of the high court and suprem e court judges (conditions of service) am endm ent act, 1986, the fore going provisions of this p art shall have effect subject to the modifications that—(i) in paragraph 2,—(a) in clause (b), for the figures "500" and "2,500", the figures "1,600" and "8,000" shall respectively be substituted;(b) after clause (b), the following proviso shall be inserted, nam ely: —"provided that the pension under clause (a) and the additional pension under clause (b) together shall in no case exceed rs 60,000 per annum in the case of the chief justice and rs 54,000 per annum in the case of any other judge";(ii) paragraph 3 shall be omitted a billfu rth er to am end the high court judges (conditions of service) act 1954 and the suprem e court judges (conditions of service) act, 1958(shri bindeshwari dubey, minister of haw and justic^) | Parliament_bills | 705d9017-3fc0-55f7-941a-877eab2c6f03 |
ii bill no 18 0; 18'j9 the appropriation bill, 1979 ; j a billto pmtritle for the authoruatioft of ap~tion eif fi1o'neyout' of the consolidated fund of india to meet the amoufits spent or cet'tlain se7'vices during the financial year ended on the 31st day eif march, 1977, in excess of the amounts granted for' those services ond for that year short title be it enacted by parliament in the thirtieth year of the republic of india as follows:- , , 1 this act may be called the appro~ion act, 1979 s 2 from and out of the consolidated fund'of india, the sums specified in column 3 of theschedul~ amounting'ift the aggregate to the sum of forty-three crores, fifty lakhs, sixty-six' thousand, sevenhunclred and sixty-eight rupees shall be deemed to have been authorised to be, paid and applied to meet the amount spent fw -defraying the charges 'in respect of the services specified in column 2 of the schedule during the 10 financial year ended on the 31st day of march, 1977, in excess of the amounts granted for those services and for that year issue of rs 43,50, 66,768 out of the consolidated fund of india to meet certain excess expenditure for the year ended 'on the 31st march, 1977 appropriation 3 the sums deemed to have been authorised to be paid and appued from and out of the consolidated fund of india under this act shall be deemed to have been appropriated for the services and purposes is expressed in the schedule in relation to the financial year ended on the 31st day of march, 1977 exc:ea no of vote servicel and purposes voted portion charged total portion lu lu ra ii ministry 01 chemicals and fertilizers revenue 483117 ' 48,,117 10 19 capital outlay on posts and telegraphs capital 16,110,115885 16,110115885 iii defence servi~army revenue 493so, i 13 defence services-pensions rt"yeilue 171°1,997 ministry of energy revenue 14,9116 '~3,3s1 494511¥4 17i,oi!l97 14,9116 is union territory govern· mentll revenue 5999,084 5999084 tranafel'll to state and i 99 other expenditure of the midistry of finance revenue 1751119745 17,511,1974 1,1001114 loam to goverrunent servants, etc capital 1,10,1111,1114 other expenditure of the capital i miniacry of hollie affain 93,000 qlaodiprh capital 66 andaman aod nicobar i islanda revalue 1,04,13,310 i broadcasting - revenue' 7qz,5114 93,000 ','j] 1,153 25 1,04,1'310 7qz5114 70 adminimation of justice revenue 693 6gii roads revenue 718,750 360,j3(i 9,79,1170 80 a, department of steel capital $11,'19 533139 g6 -housing aod urbau development - - capital total i +350,66,768 corrigendum to the appropriation bill, 1979 cto be/as int roduced ill lok s abha_71 f'lgc], lin:--· ~:', frorn botton:,-n the" read --nj:w delhi j march 9 1979 phalguna ie, i90r (s aka") 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 appropriations charged on the fund and the grants made by the lok sabha for expenditure of the central government, excluding railways, for the financial year ended on the 31st day of march, 1977 satish agarwal president's recommendation under article 117 of the constitution of india[copy of letter no f 4 (11) -b (se) /79, dated the 28th february, 1979 from shri satish agarwal, minister of state in the ministry of finance to the secretary, lok sabha] the president, having been informed of the subject matter of, the proposed bill 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, 1977, in excess oli the amounts granted for the said services and for that year, recommends under clauses (1) and (3) of 3rticle 117 of the constitu tion, read with clause (2) of article 115 thereof, and introduction of the appropriation bill, 1979, 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 oft· tjae 31st· day of march, 1977, in excess of the amounts granted for those services and for that year (shri satish agarwal, minister of state in the ministry oj finance) | Parliament_bills | 69bbc18a-7935-5a97-ba27-6081aeafebc4 |
as introduced in the rajya sabhaon the 18th december, 2009 bill no liii of 2009 the constitution (amendment) bill, 2009 a billfurther to amend the constitution of indiabe it enacted by parliament in the sixtieth year of the republic of india as follows:—1 (1) this act may be called the constitution (amendment) act, 2009 (2) it shall come into force with immediate effectshort title and commencement2 after article 15 of the constitution, the following article shall be inserted, namely:—insertion of new article 15a5prohibition of bigamy"15a except as expressly provided by an act of appropriate legislature, secondmarriage between a woman and a man whose wife is living is prohibited and shall be an offence punishable in accordance with law" 3 after article 17 of the constitution, the follwing articles shall be inserted, namely:—insertion of new articles 17a and 17b10"17a manufacture, sale and consumption of intoxicating drinks and drugswhich are injurious to health except for medicinal purpose and as expressly provided by any law made by the parliament, is prohibitedprohibition of manufacture, sale and consumption of intoxicating drinks and drugs17b (1) cow shall be the national animal (2) cow and its progeny shall be entitled to protection in all respectsprohibition of slaughter of cow and its progeny(3) slaughter of cows, calves and other milch and draught cattle is prohibited (4) slaughter of cows, calves and other milch and draught cattle shall be an offence punishable in accordance with law"5 statement of objects and reasonsseveral directive principles of state policy were incorporated in part-iv of the costitution out of them articles 44, 47 and 48 are of fundamental importance however, article 37 expressly stated that though these articles were declared to be unenforceably by a court of law, they were declared to be fundamental in the governance of the country and it shall be the duty of the state to apply these principles in making law though it is nearly six decades from the commencement of the constitution, as the centres as well as the states have failed to implement these three articles, it has become necessary in national interest to incorporate these articles in part-iii itself non-implementation of these three articles is the cause for many of the problems which the nation is facingfirstly, failure to remove gender discrimination in the matter of marriage and divorce which also happens to be the mandate of article 15 against discrimination inter alia on the ground of religion and sex and also a directions of article 16 of the universal declaration of human rights, is responsible for communal divide of people and inconsistent with equality, feeling of fraternity and the mandate against gender discrimination and secularism which constitute the elements of basic structure of the constitutionsecondly, the failure to implement article 47 has resulted in a disaster in that substantial percentage of youths have become alcohol addicts and have fallen into immoral acts and habits which are incidental to addition to alcohol which is the biggest problem the nation is facing in all its activitiesmoreover, failure to implement article 48 has in addition to the adversely affecting our cattle wealth and agriculture is also inconsistent with the feeling of fraternity among the citizens and is destructive of the cultural values of this country which hold cow in the highest esteem and consumption of beef is tabooed in our culture further, non-violence [ahimsa] and service to humanity [manava seva] being our national ethos, cow which represents both these values is proposed to be declared as 'national animal' entitled to protection in all respects, as a mark of our distinctionhence this billm rama jois annexure extracts from the constitution of india 15 (1) the state shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them(2) no citizen shall, on grounds only of religion, race, caste, sex, place of birth or any of them, be subject to any disability, liability, restriction or condition with regard to—prohibition of discrimination on grounds of religion, race, caste, sex or place of birth(a) access to shops, public restaurants, hotels and places of pulic entertainment;or(b) the use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or partly out of state funds or dedicated to the use of the general public (3) nothing in this article shall prevent the state from making any special provision for women and children(4) nothing in this article or in clause (2) of article 29 shall prevent the state from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the scheduled castes and the scheduled tribes(5) nothing in this article or in sub-clause (g) of clause (1) of article 19 shall prevent the state from making any special provision, by law, for the advancement of any socially and educationally backward classes of citizens or for the scheduled castes or the scheduled tribes in so far as such special provisions relate to their admission to educational institutions including private educational institutions, whether aided or unaided by the state, other than the minority educational institutions referred to in clause (1) of article 30 abolition of untouchability17 "untouchability" is abolished and its practice in any form is forbidden the enforcement of any disability arising out of "untouchability" shall be an offence punishable in accordance with law rajya sabha————— a billfurther to amend the constitution of india—————(shri m rama jois, mp)gmgipmrnd—5615rs(s5)—18-12-2009 | Parliament_bills | b2fe2ff2-6173-562a-a87f-350a5e0235fc |
bill no 300 of 2016 the clinical trial of drugs on patients (regulation) bill, 2016 byshrimati rama devi, mpa billto regulate clinical trials of various new drugs on patients being conducted by various pharmaceutical companies in the country to verify their clinical pharmacology or adverse effects; to determine their safety and efficacy; and to protect the interests of patients undergoing these trials in the absence of any information or contract by these companies and for matters connected therewith or incidental theretobe it enacted by parliament in the sixty-seventh year of the republic of india as follows:—definitions2 in this act, unless the context otherwise requires,—(a) "clinical trial" means the process of verifying the efficacy, safety and adverse effect of any new drug by pharmaceutical companies by testing it clinically on any patient with or without his consent;5(b) "fund" means clinical trial fund constituted under section 17; (c) "pharmaceutical company" means any establishment contracting or outsourcing clinical trials of any drug on patients;(d) "prescribed" means prescribed by rules made under this act; and (e) "registry" means clinical trial of drugs registry established under section 4103 no pharmaceutical company shall conduct or outsource any clinical trial of a drug on any patient unless such clinical trial is registered under the provisions of this actpharmaceuticalcompaniesnot to undertake clinical trial without registration4 (1) the central government shall, by notification in the official gazette, establish a registry to be known as the clinical trial of drugs registry for the purposes of performing functions assigned under this actestablishment of clinical trial of drugs registry15(2) the registry shall be headed by a registrar and shall have such number of officers and employees as may be appointed by the central government in such manner as may be prescribed(3) the headquarters of the registry shall be at lucknow20(4) the salary and allowances payable to and terms and conditions of service of the registrar, officers and employees of the registry shall be such as may be prescribedregistration of clinical trials5 (1) every pharmaceutical company shall, within the period of one month of thecommencement of this act, make an application for the registration of clinical trial to the registry in such form and in such manner as may be prescribed25(2) the registry shall, within one month of the filing of the application under sub-section (1), either register the trial after verifying the fulfillment of the requirements under the provisions of this act or reject the application(3) while rejecting any application for clinical trial under sub-section (2), the registry shall give the reasons in writing to the concerned pharmaceutical company306 (1) every pharmaceutical company or hospital or medical practitioner before conducting clinical trial shall explain the whole process to the patient and obtain his consent in writingpatient to be paid and explained the process of clinical trial(2) every patient undergoing clinical trial shall be paid fifty thousand rupees by the pharmaceutical company conducting or outsourcing the trial of drugs before starting the trial35(3) the hospital conducting the clinical trial shall ensure that the trial is conducted bythe trained and qualified persons and ensure for its proper monitoringconstitution of clinical trial fund7 (1) the central government shall, by notification in the official gazette, constitutea clinical trial fund for the welfare of the patients undergoing clinical trial or their families in case the trial goes wrong40(2) the fund shall be credited with such sums of money as may be contributed to it bythe central government and the state governments and the donations received from various voluntary organizations and individuals(3) the central government shall administer the fund in such manner as may be prescribed8 in case the trial goes wrong, it shall be the responsibility of the hospital conductingthe clinical trial to record and find out the reasons and fix the responsibility:hospital to record and find reasons if trial goes wrong5provided that if the trial goes wrong due to negligence, the patient or his immediatefamily member shall be entitled to claim damages from the hospital or pharmaceutical company, as the case may be109 the central government shall, after due appropriation made by parliament by law in this behalf, provide such sums of money as it may think fit for being utilized for carrying out the purposes of this actcentral government to provide funds penalty10 whoever contravenes or attempts to contravene or abets in the contravention ofthe provisions of this act shall be punishable with imprisonment for a term which may extend up to three years or with fine which may extend up to twenty lakhs rupees or with bothoffences by companies1511 where a person committing a contravention of any of the provisions of this act or of any rule made thereunder is a company, every person including any director, manager, secretary or other officer of the company who, at the time the contravention was committed, was in charge of, and was responsible to, the company for the conduct of business of the company as well as the company, shall be guilty of the contravention and shall be liable to be proceeded against and punished accordingly:20provided that nothing contained in this sub-section shall render any such personliable to punishment if he proves that the contravention took place without his knowledge or that he exercised all due diligence to prevent such contraventionexplanation— for the purpose of this section;—25(i) "company" means any corporate body and include a firm or other association of individuals; and(ii) "director", in relation to a firm, means a partner in the firmpower to remove difficulties3012 if any difficulty arises in giving effort 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 difficulties:provided that no such order shall be made after the expiry of the period of three yearsfrom the date of commencement of this actoverriding effect13 the provisions of this act shall be in addition to, and not in derogation of, theprovisions in any other law, for the time being in force, relating to clinical trial of drugs35power to make rules14 (1) the central government may, by notification in the official gazette, make rulesfor carrying out the purposes of this act40(2) every rule made under this act shall be laid as soon as may be after it is made beforeeach house of the state legislature while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions and if, before the expiry of the session immediately following the session or successive sessions aforesaid both houses agree in making any modification in the rule or both houses agree that 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 such rule statement of objects and reasonsin the near future, india is going to be the world's favourite destination for conducting clinical trials of various new drugs being manufactured by pharmaceutical giants in the world these major pharmaceutical companies are outsourcing the clinical trials in our country in a big way according to a study, the total market for clinical research activities in india is burgeoning it has been further stated in the study that in coming years a large per cent of global clinical trials will take place outside the us and western europe and india would be the most favoured country with the cut-throat competition, pharmaceutical companies are facing a lot of financial crunch due to spiraling research and development cost, and increasing overheads, therefore, outsourcing of clinical trial appears to be the viable option for them by contracting such work to india, these companies can save from forty to sixty per cent of the cost trials conducted in the country are not limited to multinational companies but also to indian pharma companies which are also conducting trial for research purposes in view of the new patent regime there is no doubt that if india has to participate in new drug development then clinical trials are essential because the general use of drugs have to be tested in a variety of ethnic groups or different genetic or race profiles though our country can take advantage of this situation but at the same time, there are concerns which show that indians are being used as guinea pigs for these clinical trials leading medical journals have noted how developing countries with poor and illiterate patients, weak legal framework, laxed bureaucracy and financially crunched hospitals have become hunting grounds for pharma giants to test new drugs the lucrative offers for trials are difficult to resist as they give plenty of money and promisesearlier young women were used as guinea pigs by researchers to test if anti-cancer drug letrozole could be used to increase ovulation according to a report published in monthly index of medical specialities in december, 2003, letrozole belongs to schedule g of the drugs and cosmetics rules and can be sold only against prescription but it was found out that many unauthorized practitioners had been prescribing and retailers selling the drug in another case, new chemical entities discovered in the us were unlawfully tested on 26 oral cancer patients at the regional cancer centre in thiruvananthapuram fairplay requires the patient undergoing clinical trial should be explained the whole process of the trial and his consent may be obtained in writing but, with the kind of money involved in these trials nobody bothers about these things further, in case the trial goes wrong, there is no legal remedy available in our country and the law is silent about any compensation to be paid to the patient on whom the trial was conducted in us and uk, the patients on whom the trials are conducted are paid anywhere between two to three lakhs by the pharmaceutical companies but, in india, the poor illiterate patients are not paid a single paisa and rather are obliged by the doctor informing them that they are being treated by an imported drug free of charge which they cannot affordit is also required in these cases that the trained persons should undertake the job of clinical trial which should be closely supervised and monitored and responsibility should also be fixed if the trial goes wrong in view of the fact that extreme poverty and illiteracy make us susceptible to such trials and the law provides no assistance to the patients in conducting of clinical trials by pharma companies in our country, there is an urgent need for regulating this aspect covering the various aforesaid propositionshence this billnew delhi;rama devinovember 4, 2016 financial memorandumclause 4 of the bill provides for the establishment of the clinical trial of drugs registry by the central government clause 7 provides for constitution of clinical trial fund clause 9 provides that central government shall provide funds for being utilized for the purpose of this act the bill, therefore, if enacted, would involve expenditure from the consolidated fund of india to the tune of rupees twenty crore per annuma non-recurring expenditure of about rupees ten crore is also likely to be involved memorandum regarding delegated legislationclause 14 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 regulate clinical trials of various new drugs on patients being conducted by variouspharmaceutical companies in the country to verify their clinical pharmacology oradverse effects; to determine their safety and efficacy; and to protect the interests ofpatients undergoing these trials in the absence of any information or contract bythese companies and for matters connected therewith or incidentalthereto————(shrimati rama devi, mp)gmgipmrnd—3318ls(s3)—29112016 | Parliament_bills | 1a88beca-d88f-5241-8920-c06b2f6cccff |
annexure extracts from the drugs and cosmetics act, 1940(23 of 1940) | | ' | ® | & | % | fs ||------|------|------|------|------|-------|purchaser 26 any person shall, on application in the prescribed manner and on payment of the prescribed fee, be entitled to submit for test or analysis | of | drug ||----------|---------|| cosmetic | || enabled | to || obtain | test |to a government analyst any drug or cosmetic purchased by him and to receive a report of such test or analysis signed by the government analyst or analysis, by iioctodjer ae' p cognizance 32, (1) no prosecution under this chapter shall be instituted except of offence _ by an inspector | % | | | | ||------|------|------|------|-----| | Parliament_bills | f0a084bf-425b-5492-a902-b1ce4bb00a17 |
~~- ,dfc 116& am no 107 of i96& the indian railways (second amendment) bill, 1968 a billfurther to amend the indian railways act, 1890 be it enacted by parliament in the nineteenth year of the republic of india as follows:-i, this act may be called the indian railways (second amend-short ment) act, !mil title, 9 of 1890 s z in the indian railways act, 1890 (hereinafter referred to as amendthe principal act), in section 112,-ment of section (4) in bub-section (1), for the words "which may extend 112 to one hundred rupees", the words "which shall not be less than ten rupees but which ray extend to five hundred rupees" shall be substituted; - (b) in sub-section (la), for the words "fifty naye paise", the words "ten rupees" shall be substituted amend-3 in section 113 of the principal act, in sub-section (3), for the 5 ment of words "fifty naye paise" and "fifteen naye paise", the words "ten section rupees" and "ftve rupees" shall respectively be substituted 113 statement of objects and reasonsthe probl~m of passengers travelling without tickets or with improper tickets on the railways has become more aggravated in recent years a recent review of the incidence of ticketless and other types of irregular travel on the railways has ,revealed that, despite all possible e1forts made during the last ten years to curb the 'evil, the position has deteriorated the loss' on this account to government is estimated to be between rupees ten crores and rupees fifteen crores per annum 2 sections 112 and 113 of the indian railways act, 1890, contain provisions for punishment, and levy of excess charges, for travelling without tickets or passes or with insuftlctent tickets or passes hperience has shown that these provisions are not sufficient deterrents it is therefore proposed to make the penafties by way of line more stringent and to increase the minimum limits of excess charges the bill seeks to give diet to this propaul nzw dilbi; c m poqnacha the 20th november, 1968 (9 of 1890) - - - - - chapter ix penalties and offences - - - - (0) enters or remains in any carriage on a railway in con-traventionof section 68, or fraudu- 112 (1) if a person, with intent· to defraud a' railway adminis-lently tration,-travelling or euempt-ing to travel without }:roj)@r pau (jf ticket (b) uaes or attempts to· use a single pass or 'single ticket which has already been used on a previous journey or, in the case of a return ticket, a half thereof which has already been so used, he shall be punished with imprisonment for a term which may ex-tend to three months or with fine which may extend to one hundred rupees and shall also be liable to pay the excess charge hereinafter in this section mentioned in addition to the ordinary single fare for the distance which he has travelled, or where there is any doubt as to the station from which he started, the ordinary single fare from the station from which the train originally started, or if the tjckets of passengers travelling in the train have been examined since the original starting of the train, the ordinary single fare from the place where the tickets were examined or, in case of their having been examined more than once, were last examined (1a) the excess charge referred to in sub-section (1), shall be a sum equivalent to the ordinary single fare referred to in that sub-section or fifty naye paise, whichever is greater - - - - - 113 (1) - - - - - (3) the excess charge referred to in sub-section (1) and sub-section (" shall be a sum equivalent to the amount otherwise pay-4 travelling without pas! or ticket or with in-:lu1ricient pa!!11 or able under those sub-sections or fifty naye paise whichever is ereater: ticket or ,beyond authorized distance provided that where the passenger has immediately after incurring the charge and before being detected by a railway servant notified to the railway servant on duty with the train the fact of the charge having been incurred, the excess charge shall be one-sixth of the excess charge otherwise payable calculated to the nearest multiple of five naye paise, or fifteen naye paise whichever ill greater: provided furthel' that if the passenger has with him a certificate gran!ed under sub-section (2) of section 68, no excess ,charge shall i)e payable a bill further to amend the indian railways act 1890 (shri c m poonacha, minisur iii &:dlrdlly$) | Parliament_bills | 37bcf857-9a45-5e2f-8870-59aa0637b2bf |
financial memorandumclause 2 of the bill seeks to insert a new article 371j in the constitution of india to provide for the establishment of a development board with respect to the north eastern region clause 5 of the proposed new article 371) of the constitution further provides that the central government would make available adequate funds for implementation of the various projects of the development board the bill therefore, if enacted would involve an estimated annval recurring expenditure of about rupees four thousand crores from the consolidated fund of india the share of the states to the development projects will be met by the state governments from the respective consolidated funds of the states | Parliament_bills | 0a73550f-d228-5283-811f-74fd0a88d01e |
the life insurance corpobations bru, 1983 (to be/as introduc:ed in wk sabha) 1 r~bi! in the marginal beading to clause 7,-for tlcondtionb" read "conditionsll 2 page 7,-in the marginal heading to clause 13,-£q! "const tute" read "constjtute" -3 page 1 f), l:lne 32,-for "end" read "and" 4 page 11, line 1 ,-for 11 pro cedul'ems " read " ,pl'ocerlu l'~r n page 12, line 15,-for "territoral" read "territorial" 6 page 13, line 6,-after it maturity " insert "claim" 7 - page 13, lir 10,-8 rap,6 13, line 36,-:t:or i!deah" read "death" 9 page 19,-against line' 25, in t:- it $i)rgiil,-for ii~ of 198oj' read "5 of 1908!' 10 page 21,-in thf; marg:i n~l l'l,l::vfug· to ~lause 47,-(1) for "privi lagcn read 1\ l)rj~ji 1 pfr,u't -(li) for "qusiness ii ~ "business" 11 page 30,-in the marginal h~ading to clause 67,-for tlruls" read "rules" 12 pal;); 33, line 4=:, l~~~·jl·l "amongst",-for "corporations" read tlcorporationti 13 pagl; 36,-in th(;: marginal he~ing to para~ 6,-for "dissovltd 11 read "dis solved ii 14 page 36, line 43,-for "divisionll read "1ivisions" 15 pagb 38, line 6 from bottom,-for "settlet:l(;nts" re:nrj "settlement" 16 page 46, line 2,-for "clause" read ifclaus~ 5" 17 page 46, line 5 from bottom,-for "rs lakhs" read "lis 5 lakhs" 18 page 48, line 4 from bottom,-for "provffidcd" re~d "provided" ~ delhi; november 11, 1983 k::r~ika 20, 1905 cscltat arrangement of clauses chapter i prfumlnary clauses1 shorl title and commencement 2 definitions 3 dissolution of ufe insurance corporation of india and repeal chapter ii establishment o} life insurance corporations and their capital4 establishment of life insurance corporations 5 capital 6 constitution of corporations 7 term of office and conditions of service of chairman and other members 8 disqualifications and removal chapter iii functions of lin: insurance corporations9 functions of each corporation 10 power to impose conditions, etc chapter iv management11 head office and other offices of each corporation 12 chairman to be the managing director 13 power of each corporation to constitute committees 14 power to appoint executlve directors, etc, chapter v tile life insurance board15 constitution of the life insurance board 16 conditions of service of members of the board 17 committees of the board clauses18 meetings of the board 19 secretary and other staff of the board 20 functions of the board 21 finances of the board chapter vi constitution of tribunals22 power of central government to constitute claims tribunals 23 territorial limits of the jurisdiction of a claims tribunal 24 applications to claims tribunals 25 benches of claims tribunal 26 orders of claims tribunals 27 power of central government to constitute an appella~e claims tribunal 28 appeals to the appellate claims tribunal ~ order of the appellate claims tribunal 30 benches of the appellate claims tribunal 31 power of central government to constitute service matters tribunals 32 redressal of the grievance with respect to service matters 33 benches of service matters tribunal 34 orders of service matters tribunals chapter vii provisions apl'licable to all tribunals35 powers of tribunals to enforce attendance of witnesses and to regulate their own procedure 36 proceedings before tribunals to be judicial proceedings for certain purposes 37 procedure where the members of a tribunal differ in their opinion 38 method of determination of equivalent rank 39 costs chapter vin finance, accounts and audit40 funds of corporations 41 audit 42 actuarial valuations 43 annual report of activities of corporations and the boanl clauses44 surplus from life insurance business huw to de utilised 45 profits from any business (other than life insurance business) how to be utilised 46 reports to be laid before parliament chapter ix miscellaneous47 corporations to have exclusive privilege of carrying on life insurance business 48 exceptions in the case of life insurance business in respect of persons ordinarily residing o'utside india 49 powers of corporations to have official seals in certain cases 50 policies of life insurance to be guaranteed by central government 51 liquidation 52 penalty for carrying on life insurance business in contravpntioa of the provisions of this act 53 penalty for withholding property, etc 54 offences by companies 55 bar of jurisdiction of civil courts 56 enforcement of decisions and orders of tribunals 57 application of the insurance act 58 deduction of income-tax not to be made on intej:est or dividend 59 act not to apply in certain cases 60 defects in constitution of a corporation or the board or of any tribunal not to invalidate acts or proceedings 61 protection of action taken under the act 62 employees to be deemed to be public servants 63 disqualification for appointment as insurance agent 64 employees not to take active part in politics 65 power to make rules 66 power to make regulations 67 notifications, rules and regulations to be laid before parliameat 68 act to override all other enactments, etc 69 power to remove difficulties 70 savings the first schedule the second schedule billto provide, with a view to the more e11ective realisation of the objectives oj nationalisatfbn of life insurance busineb8, for vhe dissolution 01-the life insurance corporation of india and for the estabushment of a number of corporations for the more efficient carrying on of the said business and for matters connected therewith ot incidentttb thereto wuereas the nationalisation of life insurance business in india was made by the life insurance corporation act, 1956 by transferring all such business to the life insurance corporation of india established under section 3 of that act; !l and wliereas for the more effective realisation of the objectives of such nationalisation, it is necessary to dissolve the said corporation and establish, in its place, a number of corporations for the more efficient <!arrying on of the said business; bb it enacted by parliament in the thirty-fourth year ot the republic 10 of india as follow1:- chapi'er i prl:liminaby1 (1) this act may be called the life insurance corporations act, 1003 15 (2) it shall come into force on such date as the central government may, by notification in the official gazette, appoint z in this act, unless the context otherwise requires,-definitions (a) "appellate claims tribunal" means the appellate claiml tribunal constituted under section 27; (b) ·'appointed day" means the date on which this act comes into force; 5 (e) "board" means the life insurance board constituted under section 15; (d) "claims 'rribunal" means a claims tribunal constituted under section 22; (e) "corporation" means a life insurance corporation est~b- 10 hshed under sub-section (1) of section 4; (f) "dissolved corporation" means the life' insurance corporation of india which shall stand dissolved by virtue of section 3; (g) "insurance act" means the insurance act, 1938; 4 of 1931 (11) "life insurance act" means the life insurance corporation 15 act, 1956; 31 of 1956 (i) "notification" means a notification published in the official vazette; (j) "policy of life insurance" means a contract of insurance upon human life and includes any other con~ract, the business of 20 effecting whereof constitutes life insurance business in accordance with the provi'sions of clause (11) of section 2 of the insurance act; (k) "prescribed" means prescribed by rules made under this act; (0 "service matters tribunal" means a service matters tribu- 25 nai constituted under section 31; (m) words and expressions used in this act but not defined herein and defined in the insurance act shall have the meaning:; respectively assigned to them in the insurance act 3 (1) on the appointed day, subject to the other provisions of this ~o act, the life insurance corporation of india established under section 3 of ·the life insurance act shall stand dis'solved and the said act shall stand repealed ~ (2) the capital provided to the dissolved corporation by the central government, and the officers other employees and insurance agents 35 of, and the assets, rights and liabilities of, the dissolved corporation immediately before the appointed day, and all other matters relating to the said corporation, shall be dealt with in accordance with the provisions of the first schedule chapter ii l!;stabllshment of life insurance corporations and their capital4 (1) there shall be established with eft'ect from the appointed day, the following life insurance corporations, namely:-establisbment or life insurance corporations (i) the central life insurance corporation of india, with its head office at kanpur; 45 (14) the eastern life insurance corporation of india, with it head office at calcutta (iii) the northern life inl'lurance corporation of india, with its head office at delhi; (iv) the southern life insurance corporation of india, with iots head office at madras; 5 (v) the western life insurance corporation of india, with its head office at bombay (2) each corporation shall be a body corporate having perpetual succession and a common seal with power, subject to the provisions of this act, to acquire, hold and dispose of property, and ito contract, and may by 10 its name sue and be sued 5 (1) the authorised capital of each corporation shall be rupees five capital crores (2) the sum 0·[ rupees one crore which, by virtue of paragraph 2 of the first schedule, becomes transferred to each corporation shall be j:1 deemed to be the paid-vp capital provided to such corporation by the central ciovernment (3) the central governmeat may, on the recommendation of a corporation, increase or reduce the paid-up capital of such corporation to such extent and in such madder as that government may determine, 20 so, however, that the amount of the paid-up capital _hall not be so increased as to exceed the authorised capital thereof constitution or c0rporations g (1) each corporation shall consist of such number of members, not exceeding sixteen, as the central government may think fit to appoint thereto, and one of them shall be appointed by the central gov-25 ernment to be the chairman thereof (2) before appointing a person to be a member of a corporation, the central government shall satisfy itself that such person will have no such financial or other interest as is likely to affect prejudicially the exercise or performance by him of his functions as a member of that ~ll) corporation, and the central government shall also satisfy itself, from time to time, with respect to every member of a corporation that he has no such interest; and any person who is, or whom the central government proposes to appoint as, and who has consented to be, a member gf a corporation shall, whenever required by the central government 35 so to do, furnish to it such information as that government may consider necessary for the performance of its duties under this sub-section (3) a member of a corporation who is in any way directly or indirectly interested in a contract made or proposed to be made by that corporation shall, as soon as possible after the relevant circumstances 40 have come to his knowledge, disclose the nature of his interest in the contract to the corporati'on; and such member shall not take part in any deliberation or discussion of the eorporation with respect to that contract (4) it is hereby declared that for the purposes of sub-section (1), 45 any person holding the office of an executive director of a corporation may be appointed as a member of such corporation and on such appointment such person shall function as a member of the corporation in addition to his duties as an executive director 7 (1) the chairman and other members of a corporation (except where any person is appointed as an ex officio member thereof) shall hold office {or such term, not being less than three years, as may be prescribed, and shall be eligible for reappointment for a like term members (2) a casual vacancy arising from the death, resignation or other-5 wise of a member of a corporation may be filled up by the fresh appointment of a person as a member of the corporation and the person so appointed to fill the vacancy shall hold office for the remainder of the term of office of the member in whose place he is appointed (:1) if the chairman or any other member of a corporation is, for 10 infirmity or otherwise, incapable of carrying o11;t his duties or is absent on leave, the central governmen~ may appoint another person to act in his place for the period during which such chairman or other member is unable to carry out his duties or is absent on ·leave (4) the chairman of a corporation shall be entitled to receive such 15 salary and allowances, and shall be subject to such conditions of service in respect of leave, pension, provident fund and other matters, as may be prescribed and the other members of a corporation shall be entitled to such allowances as may be prescribed 8 (1) no person shall be eligible to be appointed, or to continue, as 20 a member of a corporation, or of the board, who-- disqualifi· catiooa and rmovaj(a) is, or at any time has been, adjudicated as insolvent or has suspended payment of his debts or has compromised with his creditors; or (b) is of upsound mind and stands so declared by a competent 25 court, or (c) is or has been, convicted of an offence which, in the opinion of the central government, involves moral turpitude or (d) is, or at any time has been, convicted of an offence under w~aclm ~ (e) has so abused, in the opinion of the central government, his position as a member of the corporation or of the board~ as to render his continuance as such member, detrimental to the interests of the corporation or of the board as the case may be (2) the central government shall, by order in writing, remove from 35 office any member of a corporation or of the board who is, or has become, subject to any disqualification specified in sub-section (1): provided that no such removal shall be made unless the member concerned has been given a reasonable opportunity of showing cause against the proposed action 40 ~3) notwithstanding anything contained in sub-section (i), or subsection (2) ,-(a) the central government may terminate the appointment of the chairman of a corporation after giving him notice in writing of not less than three months without assigning any reason; 45 (b) the chairman of a corporation may resign his ofllce by g:ving notice to the central government in writing of not less than three months without assigning any reason chapter iiifunctions of life insurance corporations t (1) ~ubjec~ to the rules, if any, made by the central government in this behalf, and the o~her provisions of this act, it shall be the general duty of each corporation to carry on life insurance busineu, whether in or outside india, and each such corporation, shall-10 (a) be primarily responsible for the intensive development of life insurance business within the zone, and, in particular in the divisions within the zone, specified, or deemed to be speclfted, in the corresponding entries against its name in the second schedule; and 15 (b) so exercise its powers under this act as to secure that ute insurance business is developed to the best advantage of the com munity ezplan4tion i-for the purposes of this sub-section and of seet:lon 11, "zone" means a zone specified in the life insurance corporation ao regulations, 1959, as in force immediately before the appointed clay and "division" means a division specified against a zone in the correspond ing entry in column iii of the second schedule, and includes such other division as may be established, within a zone, after the appointed day, and on such establishment such division shall be deemed to be included as in the corresponding entry in column iii of the second schedule ezplanation ii-the territorial limits of each division specified in column iii of the second schedule shall, until they are duly altered under this act, be such as were specified, immediately before the appointed day, by the dissolved corporation, and the territorial limits so of any division established after the appointed day shall be inch 88 may be specified by the concerned corporation (2) without prejudice to the generality of the foregoing provisions ot this section, but subject to the other provisions of this act, each cor poratlon shall have power-35 (a) to carry on capital redemption business, annuity certain business or reinsurance business in so far as such reinsurance bus! ness appertains to life insurance business; (b) subject to the rules if any, made by ithe central govern ment in this behalf, to invest the funds of the corporation in such fo manner as the corporation may think fit and to take all such steps as may be necessary or expedient for the protection or realisation of any investment, including the takin~ over of, and administering ally property offered as securitv for the inves~ment until •• ulbble opportunity arises for its dispobat; " (c) to aequire, hold and dispose of any property for the ftw'poi8 "t!lfita business; (ii) to transfer the whole or any part of the lif mluhliee 'buliness" earned on by it outstne india to aj'ly other m1'son or 1'm'-iofti if in the interest of the corporation it is expediet 10 te 40; (e) to advance or lend money upon the security of any movable or immovable property or otherwise; (t) to borrow or raise any money in such manner and upon such security as the corporation may think fit; (g) to carry on any other buslneu in any case where iuch other 5 business was being carried on, immediately before the appointed day, by the dissolved corporation; (fl) to carryon, with the prior approval of the central government any other business which may seem to the corporation to be , capable of being conveniently carried on in connection with its bust· 10 ness and calculated directly or indirectly to render profitable the business of the corporation; (i) to do ~ such things u may be incidental, or conducive, to the proper exercise of any of the powers of the corporation (3) in the discharge of any of its functions, each corporation shad 15 act, 80 far as may be, on business principles (4) each corporation shall in the discharge of its functions under this act, be guided by such directions in matten of policy involving pub-hc interest as the central government may give to it in writing; and if any ques~ion arises whether a direction relates to a matter of poucy 110 involving public interest, the decision of the central government thereon shan be final - 10 (1) in entering into any arrangement with any concero, a corporation may impose such conditions as it may think necessary or expedient for protecting the interest of that corporation and for 115 ensuring that the accommodation granted by it fa put to the best uie by the concern (2) where any arrangement entered into by a corporation with any concern provides for the appointment by that corporation of one or more directors of such concern, such provision and any so appoin~ment 'of directors made in pursuance thereof shall be valid and effective notwithstanding anythinr to the contrary contained in the companies act, 1956, or in any other law for the time befng in foree or 1 ~ l_ in the memorandum articles of association or any o~her instrument relating to the concern, and any provision relfbrdtng share qualification, s5 age limit, number of dfrectorshlps, removal from oftlee of directors and such like conditions contained in any such law or instrument, shall not apply to any director appoijlted by the corporation in pursuance of the arrangement as aforesaid (3) any director appointed u aforesaid,-(a) shall hold office during the pleasure of the c011)oration by which he was so appointed and may be remeved, or substituted by any other person, by order in writing by that corporation; (b) shall not incur any oblf~ation or liability by realon only of his being a director or for anything done or omitted to be done in 45 good faith in the discharge of hib dutfe8 a •• director or for adythm - done in relation thireto; (e) shall not be uable to retirement by r?tation and the exist-ence of such director shall not be taken into account while computing the number of directors liable to such retirement chapl'er iv5 managemdn' ll (1) the head oftlce of each corporation shall be at the place specified in relation to it in section 4 (2) each corporation may establish as many divisional offices, branches :md other offices within the zone specified against its name in 10 the second schedule as it may think fit: - provided that a corporation may establish, with the previoul approval of the central government, any divisional oftice, branch oftice or other oftice at any place outside the zone specified against it in the second schedule 1$ j2 (1) the chairman of a corporation shall be the managing director thereof and shall, subject to such general or special directions as the corporation or the executive committee constituted under sub-section (1) of section 13, may from time to time give, exercise all such powers ai may be exercised, and do all s'\1ch acts and things as may be done, by 80 the corporation (2) the chairman of a corporation shall be the president of each committee of the corporation constituted undei: section 13 and shall, in hi capacity as the managing director of the corporation, carry out the advice of the investment committee, constituted under sub-section 15 (2) of section 13, in regard to investments of the funds of the corporation: provided that it shall be open to the chairman to reserve the question of any such advice on any particular item, for consideration by the corporation so is (1) each corporation may constitute an executive committee consisting of its chairman and not more than six and not less than four of its other members and may entrust to that committee the general superintendence and the direction of the affairs and business of the corporation and the executive committee 80 constituted may exercise s~ all the powers and do all such acts and things, as may be delegated to it by the corpora:ion by which it is constituted (2) each corporation may also constitute an investment commit tee for the purpose of advising it in matters relating to the invesf;ment of its funds, and the investment committee shall consist of the chair-40 man of the corporation and not more than eight and not less than six other members of whom not less than four shall be members of that corporation and the remaining members shall be persons (whether \ members of that corporation or not) who have special imowledge ot, and experience in, financial matters, particularly matters relating to ,~ investment of funds (3) each corporation may constitute such other committees u it ljl8y think fit for the purpoae of diseharglnl such of its functions u may m dele,ated to them (4) the members ot a committee constituted under thie teetlod, other than the members of the concerned corporation, shall be paid such fees and allowances as may be prescribed, for attending its meetinga and tor any other work of the corporation (5) a committee to which any powers or functions are delegated 5 under this section by any corporation shall exercise those powers or discharge those functions in the same manner and with the same effect if they had been conferred on such committee directly by this aet and not by way of delegation 14 (1) each corporation may, with the approval of the central gov- 10 ernment, appoint one or more persons to be the executive directors ot the corporation, and every exec'utive director so appointed shall be a whole-time officer of the corporation (2) every executive director shall exercise such powers and perform such duties, as may be entrusted or delegated to him by the ex8- 15 cu~ive committee or the corporation (3) subject to the rules, if any, made by the central government in this behalf, each corporation may also employ a secretary and such number of other officers and employees as may be necessary for the pur--pose of enabling it to discharge its functions under this act slo (4) the terms and conditions of service of the executive directors, secretary and other officers and employees of a corporation shall be such as may be prescribed (5) every person employed by a corporation or whose services have been transferred to a corpora ~ion under this act, shall be liable to serve 25 anywhere in india (6) any executive director to whom any powers and duties are delegated by any corporation or exec'utive committee thereof, shall exercise those powers or perform those duties in the same manner and w~th the ~e effect, as if they had been conferred on such exec'lltlve 30 dll'ector directly by this act and not by way of delegation chapter v the life insurance boardis (1) the central government may, by notification, constitute a board, to be called the lfe insurance board, consis ing of-35 (a) the chairman of each corporat:on, ex officio) and (b) such number of other members, not exceeding eleven, as the central government may think fit to appoint thereto (2) the office of the board shall be at new delhi (3) one of ~he members of the board shall be appointed by the 40 central government to be the chairman thereof (4) before appointing a person to be a member of the board the central government shall satisfy uself that such person will hav~ no luch ~ancial or other in~erest as is likely to affect prejudicially the exercise or performance by him of his functions as a member thereof, 45 and the central government shall also satisfy itself, from time to time, with respect to every member of the board thft he has no such interest, and any person who is, or whom the central government proposes to appoint as, and who has consented to be, a member of the board shall, 5 whenever required by the central government so to do, furnish to ii such information as the central government may consider necessary lor the performance of its duties under this s'ub-section (5) a member of the board who is in any way directly or indirectly interested in a contract made or proposed to be made by anyone or 10 more of the corporations shall, as soon as possible after the relevant circumstances have come to his knowledge, disclose the nature of his interest in the contract to the board and to the central government and such member shall not take par,t in any deliberation or discussion of the board with respect to that contract 15 16 (1) a member of the board, other than an ex officio member conditions of servico oflllcldbm of tho board thereof, shall hold office for such term, not being less than three years, as may be prescribed and shall be eligible for reappointment for a like term (2) notwithstanding anything contained in sub-section (1) ,-::zo (a) the central government may terminate the appointment of a member of the board (other than an ex officio member) at any time before the expiry of the term of office fixed under sub-section (1) by giving him a notice in writing of not less than three months, and \i_ (b) every such member (other than an ex officio member) may resign his membership of the board at any time before the expiry of the term of his office by giving to the central government a notice in writing of not less than three monthll (3) a casual vacancy arising from the death, resignation or otherwise 30 of a member of the board may be ftlled by fresh appointment and the person appointed to fill the vacancy shall hold office for the remainder of the term of office of the member in whose place he is appointed (4) if the chairman or any other member of the board, is, for infirmity or otherwise, incapable of carrying out his duties or is absent 35 on leave, the central government may appoint another person to act in his place for the period during which such chairman or other member of the board is unable to carry out his duties or is absent on leave (5) a person appointed as a whole-time member of the board shall 40 be entitled to receive such salary and allowances, and shall be subject to such conditions of service in relation to leave, pension, provident fund and other matters as may be prescribed, and a person appointed as a part-time member of the board shall be entitled to such allowances and shall he !;ubject to such other conditions of service as may be determined 45 by the central government committee of the board 17 (1) the board may constitute as many committees consisting wholly of members of the board or wholly of other persons or partly of members of the board and partly of other persons and for such purpoles as it may deem fit (2) the members of a committee (other than the members of a corporation or of the board) shall be paid such fees and allowances as may be prescribed, for a~dini its meetingj and for attending to any other work of the board mootinp or the board 18 (1) for the purposes of this act, the board or any committe of 5 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 as may be prescribed (2) notwithstanding anything contained in sub-section (1), a member of the board who has any direct or indirect pecuniary interest in any 10 matter [other than a contract referred to in suthlection (5) of section 15], coming up for consideration at a meeting of the board or a committee thereof shall, as soon as possible after the relevant circumstances have come to his knowledge, disclose the nature of his interest in respect of that matter at such meetingj and such member shall not take part io 15 any deliberation or discuuion of the board or the committee with respect to that matter 19 (1) the board may appoint a secretary and such other officeh and employees as may be neceuary for the performance of ita functions ~ and other ataft'orthe board (2) the terms and conditions of service of the secretary and other go officers and employees of the board shall be such as may be prescribed puactions or tho board 20 (1) s'ubject to the other provisions of thil act and the rule mad thereunder, the board shall, from time to ttime, review the functioning of each of the corporations and render such service to any corporation as it may deem fit for the promotion of such measures as are, in ita 2') opinion, conducive to the development of life insurance businell (2) in particular and without prejudice to the ,enerality of the foregoing provisions, the board may-(a) suggest measures for co-ordinatini the workins of the corporations; 30 (b) plan and or,anise tra1djng ot-(i) persons included in the management cadres end lay down norms for trainin, of varioua pe1'iodi in varioua otbar cadres, and (ii) insurance agents; (c) inspect at all reasonable timet the offtcei of any corporation; (d) provide for research and evaluation of life inlurance lcheld8l; (e) provide assistance and guidance in relation to the followin, namely:-(i) mortality and actuarial investigation on all·india basis 40 in respect of assured lives, annuitants, impaired lives, lives covered under group insurance and pension schemes and fixation of underwri ~ing standardsj (ii) researc~ an~ development of new plans for intensive de--velopment of life msurance business and for meetin, specific 45 insur~~ce needs of various sections of the community; (lu) co-ordinating the activities in the matter of conducting periodical actuarimj evaluations; (i) review procedurems and practices in the working of the corporations at all levels; (g) perform such other functions u may be prescribed fiuadces or 'ho board zl (1) the central government may, from time to time, by general or special order and subject to any rules that may be made in this behalf, 5 direct each corporation, having regard to the premium income of that corporation and other relevant considerations, to pay to the board such amount as it may determine for meeting t!!e expenditure of the board (2) if any defrut is made by any corporation in making payment 10 to the board of the whole or any part of the amount determined by the central government under su~sectlon (1), such amount shan be recoverable in the same manner and to the same extent as if it were a decree passed by the civil court within tae local limits of whose jurisdiction the head ()f8ce of that corporation is situated chap1'er vi cojisi1l'u'ho'h op tluaun'ai812 (1) the ceatraj government shell, as iood as may be after tbe appointed day, by notification, coiiibtitute u many claims tribunals as it may deem necellsllry for deciding disputes with respect to claims under 110 pelicleb of die iasuranee power of central gov(,rnment to coii$titute oaiml tribunals (2) each claims tribunal shall consist of ode member, or where the central government is of opidlod that such tribunal shall consist of more than one member, such number of members, not being less than three, u the central government may thlak fit to appoint 115 (3) where a claims tribunal coasists of ode member, that member shall be a person who is holcling, or has held, for not lea than seven yean, a judicial office in the territory of india or is, or has been, a member of the indian legal service, and is holding, or has held, a post not below a post in grade d of that service, and where the claims tribunal consists go of more than one member, not less than one of the members of such tribunal shall be a penod qualified as aforesaid, and the remaining member or members lhall he appofated from amongst serving officers of a rank not below that of a director to the government of india or of equivalent rank tmder a state govemment or ad insurance corpora-35 dod or the baud (4) where the number 01 members of a claims tribunal is more than olle, the ceiltral government ahali appoint olle of those members to be the presidedt of that triltunal, who shall preside over the meetings of that tribtmal, and in the abl8llce of the prelddent, the hdiormolt mem-40 her of the tribunal ,hall preside over itl meetinp explanation l for the parpolell of tide mdion ad of eections 21 and ii, "inlurance eorpontllda" ()the ciiuoived corporatioa; (b) a cporauoa bushed this act; (c) the general iasurmee corporatlod under the general insurance busmess (nationalisatiod) act, 17z, or ady of its lubsldiaries explanation h-in eomputidg, for the pul'polell of this seetiod awid ef sections 27 and 31, the period during which a penon h held judicial 5 office in the territory of india, there shall he mcluded my period, after he has held any judicial office, during which the penon hils beed practising as an adl"ocate or has held the ofllce of - member of a tribunal or any post under the unioi' or a state, requiriar apeelal imowledre of law (5) any vacancy in the member-hlp of a claims tribunal shall be 10 fllled up by the central government as soon prac:ticahle territorial limit of the jurillciiction or claim tribwlj1 23 (1) the central government shall, from time to time, define, by notification the territorial limits withfn which a claims tribunal shall exercise its jurisdiction and where two or more claims tribunals have jurisdiction over the same territoral limits, the central govem- 15 ment shall also provide, by notification, the distribution or allocation of work to be done by each of them (2) each claims tribunal shall have jurisdiction to decide all c:ji8 putes with respect to maturity claims or death claims under policies of life insurance, arising within the territorial limits of its jurlsdictk (3) where a claimant has more than one maturity claim or death claim under policies of life insurance, he shall while making any claim before a claims tribunal, include in the application made by him under sec:-tion 24, all the claims which he is entitled to make before such tribunal: provided that he may if he so desires, relinquish any portion of his l35 ~~ explanation-·for the purposes of this sub-section, "maturity claim" means a claim under a policy of life in!ftlrance in relation to which there is no douh or dispu+e as to the compliance of all the terms and conditions of such policy of life insurance, including the payment of all, 30 premia payable thereunder (4) if the claimant fails or omits to include, in the application made by him under section 24, all his claims or relinquishes any portion of his claim he shall not be entitled thereafter to make any application relatin~ to any claim which he has 80 omitted to include in the appli- 35 cation aforesaid or which he has so relinquished, and where any a1)1)li cation under section 24 has been adjudicated upon by the claims tribunal or the appellate claims tribunal, the claimant shall be debarred from instituting- any suit or other le~ai proceeding' in relation to any claim which he has failed or omitted ~o include in such application or 40 which hall bm!! 0 reunquiahed by him (5) where a claimant ho made e'"im bfore dffpe"ent cli,fm" tribun,,'s havinl! ;urisdfct'on he mav alllllv to anv of the said tribunals to make an order, so that all the rl"imll made by htm mav ·be heard by a sin"l"! """"ullll1 and the1"4!u\')f)l\ t"e trlbunll' in wlti'el't melt a""1if!a~ 4s tion is made mav bv order determine """'ell of flip af, trlbunal shall deal with a11 the claims and transf8!' to meb trtbunal the e1atms pending with the other trlbunalt and the trlbu:a1l1 to which the claims are l:1o transferred shall deal with each such claim from the stage which was reached before the tribunal from which the claim has been so transferred u (1) any person aggrieved by-5 (a) the decision of a corporation rejecting the whole or any par,t of the maturity or death claim made by him under any: policy of life insurance, or (b) the omission or failure of a corporation to give its decision, within six months from the date of the application, on the whole or 10 any part of the maturity or death claim made by him, under any policy of like insurance, may make an application to the claims tribunal having jurisdiction for the determination of his claim and for the grant of such relief as the tribunal may think fit 15 (2) every application made under sub-section (1) shall be made in '4~h torm, be verified in such manner, and be accompanied by sucl:l fee, not exceeding five hundred rupees, as· may be prescribed on a graded cale depending on the value of the claim (:-/) an application, under s'ub-section (1), for the determination of !w a claim shall be made,-(a) in the case of a decision referred jto in clause (a) of that bub-section, within a period of ninety days from the date on which the decision of the corporation rejecting the claim, whether in whole or m part, was communlca~ed to the applicant; 25 (b) in the case of any omission or failure referred to in clause (b) of that sub-section, within a period of ninety days computed from the date on which the said period of six months expires: provided that the claims tribunal may admit any such application after the expiry of the said period of ninety days if it i's satisfied that 30 the applicant was prevented by sufficient cause from making the application within the said period (4) a:ny person referred to in sub-section (1) may, instead of making an application to a claims tribunal under sub-section (1), institute a suit: or commence any other legal proceeding in a civil court having 35 juriediction for the recovery of any amount due in respect of a maturity claim or deah claim under any policy of life insurance or for any other relief in relation to such claim, and where any such suit or other legal proceeding is instituted or commenced, no claims tribunal shau have jurisdiction to entertain any application in relation to the maturity claim 40 or death claim under any policy of life insurance in relation to which such suit or other legal proceeding has been instituted or commenced, unle~s such suit or other legal proceeding is withdrawn, within the period specified in sub-section (3), by the person by whom it was instituted or commenced or, if he has died before the expiry of the said 45 period, by his legal representative (5) where a suit or other legal proceeding referred to in sub-·section (4) is withdrawn within the period specified in sub-section (3), the aggrieved person may make, within the said period, an application under lub-section (1) to the claims tribunal having jurisdiction for the determination of his claim and for : he grant of such reliel as the tribunal may deem fit and on such application being made, the tribunal shall have j'urisdiction to deal with the matter (6) no suit or other legal proceeding shall lie in a civil court in respect of any matter which is pending before, or which has been de- 5 cided by, a claims tribunal or the appellate claims tribunal iinches of oaims tribww 25 the powers and functions of a claims tribunal may be exercised and discharged by benches constituted by the president of thqlt tribunal, from amongst the members thereof: provided that the president of the claims tribun~l, or any other 10 member of such tribunal authorised in this behalf by the president of that tribunal, may, sitting singly, dispose of any claim which has been allotted to a bench of which he is a member, where the amount of the claim does not exceed twenty-five thousand rupees orden )1' claims tribunals 26 (1) a claims tribunal may, after giving the parties to the ap- 15 plication an opportunity of being heard, pass such orders thereon as it may think fit, confirming, modifying or annulling the decision or order against which such application has been made or may remand the case to the corporation by which such decision or order was made, with such directions as the claims tribunal may think fit, for fresh ad- 20 judication or decision, as the case may be, of the claim after taking additional evidence, if necessary, or may grant such relief as may be just and proper in the circumstances of the case (2) a claims tribunal shall send a copy of every order passed by it under sub-section (1), to the parties to the application 25 (3) an order passed by j1he claims tribunal under sub-section (1) shall, subject to the decision of the appellate claims tribunal, if any, be final 27 (1) the central government shall, as soon as may be after the appointed day, by notification, constitute an appellate tribunal, to be 30 called the appellate claims tribunal, consisttng of 88 many judicial and technical members, not being less than three, as it may think 8t, for deciding appeals preferred under section 28 power of central governmedl to constitute an appeijatii claims tribunal (2) a judicial member of an appellate claims tribunal shall be a person who has, for not less than: ten years, held a judicial office in the 95 territory of india or l , or has been, a member of the indian legal service, and i- holding, or has held, for not less than three years, a post not below a post in grade i of that service; and a technical member of an appellate claims tribunal shall be a person who is or has been an officer of a rank not below that of a joint secrci:ary to the government of india or 40 of anequival nt rank under a state government or an insurance cor· poration or the board (3) the centrul government shall appoint one of the members 01 the appellate claims tribunal to be the president thereof (4) the central government may appomt one or more members o' 45 the appellate claims tribunal to be the vice-president, or, 8s the case duly be, viceprc!lidents, thereof (5) the viee-president of the appellate claims tribunal shan ezereise 'sueh of the power,; tilnd perform such of the functions of the president of the appellate claims tribunal as may be delegated to him by the president of thnt tribunal by a general or special order in writing 5 (6) any vaeaney in the membership of the appellate claims tribunal shall be filled up by the central government as loon as practicable 28 (1) any person aggrieved by an order passed by a claims tribunal under sub-'section (1) of section 26 may prefer an appeal to th!e appellate claims tribunal against such order | appeals ||------------|| tho || appeuato || claims || tribunal |10 (2) every memorandum of appeal to the appellate claims tribunal shall be in 'such form, be verified in such manner and be accompanied by such fee, not exceeding five hundred rupees, as may be prescribed on a graded scale depending on the value of the claim (3) every appeal under this section shall be filed within sixty days 15 trom the date on which the order sought to be appealed against was communicated to the appellant: provided that the appellate claims tribunal may admit an appeal after the expiry of the aforesaid period of sixty days if it i'8 satisfted that the appellant was prevented by sufficient cause from preferring 10 the appeal within the said period 0rci0r of the apj?oliate cjaims tribunal 29 (1) the appellate claims tribunal may, after giving the parties to the appeal a reasonable opportunity of being heard, pass such orders thereon 3s it may think fit, c(lnfirming, modifying or annulling the order appealed a~ainst or may remand the case to the claims tribunal which 15 had passed such order with such directions to the claims tribunal as the apoellate claims tribunal may think fit, for fresh adjudication of the claim, after taking additional evidence, if necessary (2) the appellate claim's tribunal shall send a copy of every order passed by it under sub-section (1) to the parties to the appeal 30 (3) everv order passed under sub-section (1), other than an order remandin~ the case to the claims tribunal, shall be final and shall not be called in q';1estion in any court except by wav of a petition under article 32, or article 136, or article 226 of the constitution benches of the appellat~ claims tribunal 38 (1) the powers and functions of the appellate claims tribunal 35 may be exercised and discharged hy benches constituted by the presi·, dent of the appellatp claims tribunal from amongst the members thereof: provided that tne president of the appellate claims tribunal or any other member of such tribunal authorised in this behalf by the 40 president of th'3't tribunal, may, sitting' singly di'spose of any appeal which has been all'otted to a bench of which he is a member where the claim involved in such appeal does not exceed fifty thou<;and rupees (z) subject to the provisions of sub-sectiod (1) , and sub-eecti01l (3), a bench shall consist of not less than one juc!icial member and dot less than one technical member (3) where, before or after the hearing of an appeal, a bench whether consisting of a single member or more than one member, is 5 satisfied that such appeal involves-(a) a substantial question of law of general importance, or (b) a question which is likely to affect the interests of any corporation or the dissolved corporation or the policy-holders generally, 10 it may either of its own motion or on the application of any of the parties, draw up a statement of the facts of the case and the point which, in its opinion, involttes any such question and tefex- such appeal, together with such statement, to the president of the appellate clalmw tribunal with a request to him to constitute a special bench for hear- 15 lng the appeal, and on receipt of such reference, the president of the appellate claims tribunal shall constitute a special bench, which shad consist of not less than three members, of whom not less than one 'shan be a judicial member and not less than one shall be a technical mem- 20 ber (4) the special bench, after hearing the parties if they appear and desire to be heard, shall decide the appeal sci referred to it, and shan transmit a copy of its order to the bench by which the reference was made to it (5) the co'sts (if any) consequent on a reference for the decision 25 of the special bench shall be the costs in the case 31 (1) the 'central govemment shall, as soon as may he after the appointed day, by notification, constitute as many service matters tribunals all it may deem neeessar\v for dealing with the applications made under section 32 for the redressal of the grievances relating to iiervke go matters , f i power of central government to conetitute service matters tribunals (2) a service matte", tribunal may consist of one mem1ter, or where the central government is of opinion that such trlhunal shan consist of more than one member, such number of members, not heing less than three, as fhl" central govemment may think ftt to appoint 35 (3) where a service matters tribunal consists of one mem1ter, that mem1ter shall he a person who is holding, or bas h~ld, for not less than seven years, r jlldimal ofllce in the territory of india or is, or h8~ been, a member of the indian lepl servlce~ and is holding, or has held, a post not helow a 'post in grade n of that service, and where the santee 40 matters tribunal con!lllst~ of more than one member, not ids than one of the memben of such trlllunal!llhal11je a penon who is quallfted 88 atoresaid and the remalnini member or memben "hall be appointed fj40ld amort~t wervlng ofrt'er!ll who have had ~rience in dealing with servlee matte"" being officerll! of a rank not below that of a director to the gov- 45 emment of india 01' of an equivalent rank under a state government 01' "n inllurance corporation or the board (4) whe", the number of members of a service matten tribunal is more· th, 'one, the central government shan appoint one of those members to be the! president of that tribunal, who shall preside over the meetings of that tribunal, and in the alfsence of the president, the 5 senlormost memljer or that tribunal shall preside over its meetings (5) the central govemlment shall, from time to time, define, by notification, the territorial iimhs within which a service matters tribldlal shall exerdse its jurisdiction, and where two or more service matters tribunals have jurisdiction over the same territorial 10 limits, the centj'al govel'lude1it shall also provide, by notification, the distribution or adocatton of work to be done by each of them (6) ally vacaney in the membership of a service matters tribunal shall be filled up by the central government as soon as practicable 3z (1) in this section,-(a) "service matter", in relation to an employee of it corporation, or of the board, means any matter arising out of the terms and conditions of his service; ~ of tho pteyance with reapect to -ice matters (b) "grievance with respect to a service ,matter", in relation to an employee of a corporation or of the board means a ~ie-110 vance of 'such employee to the effect that he has not been dealt with in regard to that service ma1:tler in conformity with the terms and conditions of his service: (e) "terms and conditions of service", in relation to an emplovee of a corporation or of the board, means the terms and con-25 dttions of servit'e specified bv anv rule, regulation 0" orde,- made , under this act, for tlie time being in force, and app'icahle to him (!) an employee of a corporation or of the board, ag~ieved by-(a) any decision or order of a corporation or the board rejecting his i:lpplication or representation for the redressal of his grlev-30 ance with respect to any serviee matter, or (b) the omission or failure of a corporation or the board to ~ve its decision in relation to any application or representation made by him for the redressal of his grievance with respect to any service matter, 35 may make an application to the service matters tribunal having juri'sdietton, for the red'ressal of his grievance with respect to that service matter: '' , provided that no application for the redre'ssal of any grievance with ~t to a service matter shall be entertained by the service matters 40 tribunal until the applicant has exhausted all the remedies available to him under the rules, regulations or orders relating to the terms and conditions of his service, for the time being in force, for the redres~"l of such grievance,: provided further that the service matters tribunal may if it is 45 satisfied that the applicant was prevented by sufficient cause from exhausting all the remedies available to him undm- such rules regulatfons or orders, entertain the' application for the redressa} of such grie,'ance even though the applicant had 'lot exhausted all such remedies (3) an application, under sub-section (2), for·the redresaal of the grievance of an employee of a corporation or of the board with jj!spect to a service matter shall be made,-(a) in the case of a decision or order referred to in clause (a) of that sub-section, within a period of ninety days from the date on 5 which the decision of the corporation or board rejecting his application or representation, as the case may be, was communicated to the applicant, (b) in the case of any omission or failure referred to in clause (b) of that sub-section, within a period of ninety days, computed 10 from the date of expiry of the period of six months from the date on which the application or representation was submitted by him to the corporation or the board, as the case may be, for the redressal of his grievance: provided that the service matters tridunal may admit any such 15 application after the expiry of the said period of ninety days, it it is satisfied that the a"pplicant was prevented by suftlclent cause from making the application within the said period: provided further that where a person who had, before the appointed day, flied with the dissolved corporation, any application for the re-!zo dressal ot a grievance with respect to a service matter, and the dissolwd corporation had not communicated to such person its decision on such application for a period of not less than six months from the date on which the application was fued by him, such person may, within ninety days from the appointed day, make an application under 25 this sub-section to the service mat~rs tribunal having jurisdiction for the redressa1 of his grievance' (4) an application under sub-section (z) shall be made in iuch form be verified in such manner and shall be accompanied by such fee, not exceedin~ one hundred rupees, as may be prescribed on a graded 30 scale depend~nj! on the nature of the grievance (5) nothinj! contained in this section shall empower any person to make any application under sub-section (2)-(a) if on the date on which the application is made, the institution or commencement of anv suit or other legal proceeding re- 35 latin~ to the service matter is barred by any law of limitation for the time being in force; or (b) jf any suit or other legal proceeding had been instituted or commence'!d in any court, whether before or after the appointed day, with resp:>ct to an" service matter, unless such suit or other legal 40 proceedin~ i's w:thdrawn before the expiry of the period ot limitation as aforesaid 8enche~ of s-rnc:e matten tribuaa1 33 the powers lmd functions of a service matters tribunal may be exercised and discharged by benches constituted b the president of that tribunal from amongst the m~mbers of such tri~unal: 45 provided that the president of the service matters tribunal or any other member of such tribunal authorised in this behalf by the pr8f dert of that tribunal, may, sitting singly, dispose of any· applicatton which has been allotted to a bench of which he is a member, if the subject-matter of such application does not relate to reduction in rank, suspension, removal or dismissal from service ordora iii service mutan tnljuuaji 34 (1) a service matters tribunal may, after giving the parties to 5 the application a reasonable opportunity of being heard, pass such orders thereon as it thinks fit, confirming, modifying or annulling the decision or order against which such application has been made or may remand the case to the corporation or the board which passed such decision or order with such direction as that tribunal may think fit, for 10 fresh adjudication or decision, as the case may be after taking additlonal evidence, if necessary, or may by order grant such relief as may be just and proper in the circumstances of the case (2) a service matters tribunal shall send a copy of every order passed by it under sub-section (1), to the parties to the application 15 (3) every order passed under tpis section by a service matters tribunal shall be final and ahajl not be called in question in any court except by way of a petition under article 32, or article 136, or article ~ij, of the constitution chapter vii provisions applicable to all tribunals110 5 ,f 1980 35 (1) for the purposes of discharging its functions, every tribunal constituted under thjs act, (whether it is a claims tribunal or the appellate claims tribunal or a service matters tribunal) shall have the same powers as are', vested in a civil court under the code of civil pro-25 cedure, 1908, while trying a suit, in respect of ,the following matters, namely:-powoi'i iii tribunals to oilforce attondanco of witncbles and to r('gu_ late their own procedure (a) summoning and enforcing the attendance of any witness and examining him on oath; (b) discovery anq inspection of any document or other material 30 object producible as evidence; (c) compelling the production of books of accounts and other documents; (d) reception of evidence on affidavits; and (e) issuing of any commission for the examination of any witness (2) subject to the provisions of this act and the rules made thereunder, every tribunal refermd to in sub-section (1), shall have power to regulate its own procedure and the procedure of the benches thereof in all matters arising out of the exercise of its powers or of the dis-40 charge of its functions, including the places at which it or its benches shall hold its, or their, sittings 45 or 860 prooaodinp bofore tribunals to be judi· cial proceodinp for cartain pw'poia 36 every proceeding before a tribunal constituted under this act, (whether it is a claims tribunal or the appellate claims tribunal or a service matters tribunal), shall be deemed to be a judicial proceeding 45 within the meaning of sections 193 and 228, and for the purposes of section 196, of the indian penal code; and every such tribunal shall be deemed to be a civil court for the purposes of section 195 and chapter xxvi of the code of criminal procedure, 19'13 - • , 19'74· ttr~ure where the members cr - tribudai difl'c:r in their opinion 31, where a cjaim o~ an appeal or an application, relating to a·gieyadiiu with respect to a service matter baa been heard by a claims tribuqal, or the appellate claims tribunal, or a service mattera tribuqal, as ~ecase may be, or any bench thereof, consisting of more than one member and the -members differ in their opinion on any point, the decision on such 5 point shall, where there is a majority, be according to the opinion of such majority, and where there is no majority and the members are equally divided in their opinion, they shall draw up a statement of -the facts of the case :md the point or points on which they difter in their opinion and make a rcference of tthe claim or of the appeal or of the application 10 relatint to the service matter, as the case may be, to the president of 8uch tribunal, and on receipt of such reference, the president of tbe concerned tribunal shall arrange for the hearing of such point or points by one or more of the other members of that tribunal, and such! point or points, or the appeal, shall be decided 8ccqrding ~ the 15 opinion of the majority of the members of the concerned tribunal who have heard the claim or appeal, or, as the case may be, relating to the grievance with ~t to the service matter, including those who had first heard it m-bod 01 diwmida-tloa 01 equjwedt nak 38 in determining, for the purposes of sections 22, 27 and 31, whether 20 an officer of a state government or of an insurance corporation or of ,the board holds any rank equivalent to that of a joint secretary or director to the government of india, regard shall be had to the scale of pay of the post held by that officer under the state government or the insurance corporation or the board, as the case may be 25 39 (1) subject to such conditions and limitations as may be pres-cribed, the costs of and incidental to all claims, appeals or applications, filed under this act shall be in the discretion of the tribunal (whether it is a claims tribunal or the appellate claims tribunal or a service matters tribunal), in which such claim, appeal or application is filed and 30 the tribunal shall have full power to determine by whom and to what extent ~ch costs are to be paid, and to glveau-necessary directions for the purposes aforesaid, and the fact that the tribunal has no jurisdic-tion to deal with the claim or application or hear the appeal shall be no bar to the exercise of such powers 35 (2) where any such tribunal directs that any costs shall not folloy the event, the tribunal shall state its reasons in writing chapter viii finance, accounts and auditpudi corporati of 40 every corporation shall have its own fund and au its receipts 40 shall be credited thereto and all payments of the corporation shall be made therefrom 41 (1) the accounts of every corporation and the accounts of the board shall be audited by auditors duly quawied to act as audlto1"ll of companies under the law for the time being in force relating to companies, and ,the auditors shall be appointed by the corporation whose 45 accounts are to be so audited, or the board as the case rna be with th 'y, e previous approval of the central government and shall receive such remun~ration from the concerned corporati~n, or the board as the central government ,may tlx ' 50 (2) every auditor in the performance of hi~ duties shall have at all reasonable times access to the books, accounts and other documents of the concerned corporation or, as the case may be, of the board (3) the auditors shall submit their report to the corporation or, as 5 tbe cue may be, to the board, by which tm!y were appointed, and shall als, forward a copy of their report to the central government 42 every corporation shall, once at least in every two years, cause an investigation to be made by actuaries into the financial condition of the life insurance business of the corporation, including a valuation of 10 the liabilities of the corporation in respect thereto, and submit the report of the actuaries to the central government 43, (1) every corporation and the board shall, as soon as may be, after the end of each financial year, prepare and submit to the central government i:n such form as may be prescribed a report giving an ac-15 count of its activities during the previous financial year and shall also give an account of the activities, if any, which are likely to be undertaken by it in the next financial year (2) every corporation and the board shall, in relation to its func-uons under this act, furnish to the central government such reports, 20 returns, statistics, accounts and other information as the central government may, from time to time, require from lif insul'8llco busms how to be utilised u if as a result of any investigation undertaken by a corporation under section 42, any surplus emerges, ninety-five per cent of such surplua or 8uch higher percentage thereof as the central government may q5 approve, shall be allocated to or reserved for the life insurance policyholders ot the corporation and, after meeting the liabilities of the corporation, it any, rt"he remainder shall be paid to the central government or, it that government so directs, be utilised for such purposes and in liueh manner as that government may determine so 065 h, for any financial year, profits accrue from any business (other than lite insurance business) carried on by a corporation, then, after making provision for reserws and other matters for which provision is neceaary or expedient, the balance of such profits shall be paid to the central government prodi'! ~ any busidie (other tbaa life idsui'ailai business) how to be utilised ropotts lit bo laid wore parliament 95 46 the central government shall cause the report of ,the auditors under section 41', the report of the actuaries under section 42 and the report under section 43 giving an account of the activities of every cor poration and of the board to be laid before both house5 of parliament as soon as may be after each such report h; received by the central 40 government chapter ix miscellaneous47 except as otherwise expressly provided in this act: on and from the appointed day, no person, other than a corporation, shall carry en 45 life insurance business in india corpora tions to haw ,xclulive' privilac of carr)'ing "n lice insurance qusineal exooptions in tho cue of lifo insurailqo businosl in respect of persons ord nanly rosidina outside india 48 (1) notwithstanding anything contained in section 47 or in the insurance act, the central government may, by order, permit any person who has made an apphcatlon in that behalf, to carryon life msurance business in india m respect of tne lives of persons ordlnarily resldent outside india, subject to such restrictions and contihions as 5 may be specitled m the order and any such order shall be deemed to have etlect as if it were a certrlicate of registl'ation issued by the controller to such person under seclon 3 of the 1ns'urance act m respect ot tuat class of business u, (2) nothing in sub-section (1) shall authorise any persoil who is 10 permited to carryon lite msurance busmess of the nature refened to in lhilt sub-sectlon, to ulsure ne hte 01 any person orcunarily re~dent ouc:s,ue 1nola, uurmg any penod of ms tempol'dry residence m india 49 evet'y corporallon may have for use in any divsional oftice, lhu,ucn urn:e or omer oitu'e or in any othce o·utslc1e lmtla, an otliclal 15 seal wnh:n imai1 de a 1acsllnue 01 tne common seal of the corporation, powers of corporatiodi to have official seals in certain cases \viln [de aouhlon on its tace 01 tne name 01 toe divislonal office, branch utllce or orner otfice or any office outsde !nwa, where it is to be used, 'and any such otilcial seal may be attixed 0 any deed or document to wmcn the corporation is a party 20 so the sums assured by all polides of life idsul1ldce issued by, or transferred to or vested in, a corporation including any bodu:ies declared in respect thereof, whether before or after the appointed day, shall be guaranteed as to payment in cash by the central government policies of life insuran~ to be luarantccd by central government liquidation· 51 no provision of law relating to the winding up of companies or 25 corporations shall apply to a corporation established under tms act, and such corporallon shall not be placed in liquidation save by order of the central government and in such manner as that government may direct '1i<"t'::' 5~ if any person carries on life insurance business in india in contra- 30 venti on of the provisions of this act, he shall be punishable with impflsonment for a term which may extend to three years, or with fine which may extend to ten thousand rupees, or with both, and where such contravention is a coninuing one, with further fine which shall not be less than one thousand rupees, for every day, after the first, during which such contravention continues 35 penalty for :rtr:' idl\jl"8dco businou in contravention of tho provisions of this act ~ -; penalty for withholdida property, 1tc 53, if any person wilfully withholds or fails to deliver to a corporation as required by the provisions of the first schedule, any property or any books, documents or other papers which may be in his possession or unlawfully retains possession of any property which has been transferred to and vested in any corporation under this act or wilfully 40 applies any such property to purposes other than those expressed in or aut~orlsed by this act, he shall, on the complaint of the corporation, be punishable with imprisonment for a term which may extend to one year, or with -fine, or with both rt4 (1) where an offence under this act 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: provided ~hat nothing contained in this sub-section shall render any such person liable to any punishment provided in this act, if he proves 5 that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence (2) notwi 'hstanding anything contained in sub-section (1), where any offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or conni-10 vance 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 accordingly it) explanation-for the purposes of tm hction,-(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 bar of iurildlctiod or ctyil coil1'ii 2l> 55 no civil co'ilrt shall have jurisdiction to entertain any suit or other legal proceeding or to adjudicate upon any matter which a service matters tribunal is empowered by this act to adjudicate upon enforce -ment of decilfods and orders of tribunals 56 any decision given or order passed or made (including any order for costs made under section 39), by a claims tribunal, or the appellate 25 claims tribunal, or a service matters tribunal may be enforced in the same manner and to the same extent by any civil court within the local limits of whose jurisdiction,-(a) the head office of the corporation against which such decision or order is to be enforced, is located, or, where such decision 30 or order is to be enforced in relation to any claim arising within the area for which there is a branch office or other office of the concerned corporation, such branch office or other office is located; or (b) the office of the board against which such decision or order 35 is to be enforced, is located; or (c) the place at which the person against whom such decision or order is to be enforced, actually and voluntarily resides or carries on business or personally works for gam, or owns any property, 40 a 11 it were a decree passed, or order made, by such court 57 (1) save as otherwise provided elsewhere in this act, the followi'ag sections of the insurance act shall, so far as may be, apply to every corporation as they apply to any other insurer, namely:-sections 2, 2b, 18, 26, 33, 38, 39, 41, 45, 46, 50, 52, !loa, 110b, 5 hoc and 119 (2) the central government shall, as soon as may be after the appointed day, by notification, direct that the following sections o~ the insurance act shall apply to every corporation subject to such conetions and modifications as may be specified in the notification, namely:-sections 20, 10, 11, 13, 14, 15, 20, 21, 22, 23, 25; 27a, 28a 40; 40a, 40b, 43, 44, 51, 102 to l06, 107 to 110, 111, 113, 114 and usa (3) section 42 of the insurance act shall have eft'ect in relation to 5 the issue to any individual of a licence to act as an insurance agent for the purpose of soliciting or procuring life insurance bllliness for a corporation rubject to the condition that the powers exercisable by the controller under sub-section (1) thereof may also be exercised on behalf of the controller, by every corporation 10 (4) the central government may, by notification, direct that all or any of the provisions of the insurance act other than those specifted in sub-section (1), or sub-section (2), shall apply to every corporation subje(;t to such conditions and modifications as may be specified in the notification 15 (5) save as otherwise provided in this act, nothing contained in the insurance act shall apply to a corporation 58 notwithstanding anything {lontainea in section 193 or section 1m of the income-~ax act, 1961, no deduction of income-tax shall be made 13 qflgir on any interest or dividend payable to a corporation in respect of any 10 securities or sharei' owned by it or in which it has full beneficial interest dcductior of incomo-wx rot to be made on interest or dividwlld 59 nothing contained in this act shall apply in relation to-act not apply ill ~n cge!! (a) the scheme, run by the central government, known as the post office insurance fund; (b) any insurer to whom the insurance act does not apply by 85 reason of the provisions contained in section 2e thereof; (e) any approved superannuation fund as defined in clause (a) of section 58n of the indian income-tax act, 1922, being a fund in 11 , i'll existence on the date (hereinafter referred to as the specified date) on which the dissolved corporation was established; so (d) an~ scheme in existence on the specified date or any scheme framed after the specified date with the approval of the central government as the case may be, whereby in consideratlod of certain compulsory deduc~ions made by government from the salaries of its employees as part of the conditions of service, the pay- 35 ment of money is assured by government on the death of the employee concerned or on the happening of any contingencv dependent on his life; \ ~e) any family pension scheme framed unde!" the coal minee provldent fund, family pension and bonus schemes act 1mb or the employees' provident funds and miscellaneous provisions act 4-0 46 of 2941 1952, for the purpose of providing famuy pension and life a~ beneftts to the employees covered by the said scheme' 19 of ltd (1) any scheme of small savings run by the c;ntrai government wbereunder payment is assured by that government on death of the person subscribing to the scheme or on the the 45 of a~y ~ontingency as the central government may b happeti1l nmc tt specify in this behalf ' y no cia 011, 80 no act or proceeding of a corporation or of the board or of any committ~ of any corporation or of the board or of a claims tribunal, the appellate clabns tribunal, or a service matters tribunal, shall be invalid or called in question merely by reason of the existence of any 5 vacancy therein or any defect in the constitution thereof dofectl in codititudoll of a corporatiodor tboboard or of any tribunal dol to invalidate acta or ~ profll&:do8 of ac:dod taba aaciir tho act· 61 no suit, prosecution or other legal proceeding shall lie against any member, executive director, or employee of a corporation or of the board for anything which is in good faith done or intended to be done under this act 10 62 every employee of a corporation or of the board or of a claims tribunal or the appellate claims tribunal or a service matters tribunal shall be deemed tp be a public servant for the purposes of chapter ix 45 r atiii of the indian penal code 63 (1) no person who is, on or after the appointed day,-(4) an employee of the government; or diicauali6-cadoa for appoinlmed' a illlufulce iiicnt (b) a holder of the office of chainnan or director or of any other office in, or an employee of a statutory corporation or a government company; or 20 (c) the spouse of an employee referred to in clause (a) or clause (b), or, as the case may be, of the holder of an office referred to in clause (b), shall be eligible for the issue of, or shall accept, any licence to act as an insurance agent, and any such licence, if issued, shall be void (2) the licence issued, after the appointed day, to a person to act as 25 an insurance agent shall become void upon such person becoming, after the issue of such licence,-(i) an employee of the nature referred to in clause (a) or clause (b) of sub-section (1), or (ii) the holder of an office of the nature referred to in clause 30 (b) of that sub-section: provided that the hcence to act as an insurance agent issued to a person who becomes, after such issue, the spouse of such employee or of the holder of such office shall become void on the expiry of thn!e months from the date on which such person becomes the spouse of such emp-35 loyee or the holder of such office (3) every insurance agent who immediately before the appointed day was, and continues to be on the expiry ot three ,months from that day an employee of the nature referred to in clause (a) or clause (b) of sub-section (1), or the holder of an office of the nature refened to in 40 clause (b) of that sub-section, or the spouse of any such employee or ot tlie holder of any such office shall, on the expiry of three months from the appointed day, cease to be an insurance agent expianation-for the purpo'ses of this section-(i) "employee of a statutory corporation" includes any person 45 employed for any of the purposes of the act by or under which such corporation is established or constituted; (ii) "government company" meaus a government company, within the meaning of section 617 of the companies act, 1958; (iii) "'statutory corporation" means a corporation establiahed 01' constituted by or under a central, provincial or state act 64 (1) no person who is-5 emplo, no& tab "'",patt ia politics (a) an employee of a corporation or of the board or of a clafm's tribunal or the appellate claims tribunal or a semett mattera tribunal; or (b) a member of a corporation or of the board or (c) a member of a claims tribunal or the appellate claims 10 tribunal or a service matters tribunal, shall be a member of, or be otherwise associated with, any political party or any organisation which takes part in politics nor shall he take part in, subscribe in aid of, or assist in any manner, any political movement or activity 15 (2) if any question arises whether a party is a political party or whether any organisation takes part in politics or whether any movement or activity falls within the 'scope of sub-section (1), the decision of the central go'''ernment thereon shall be final (3) no such person as is referred to in sub-section (1) ~hall canvu5 110 or otherwise interfere with or use his influence in connection with, or take part in, an election to any legislature or local authority: provided that-(i) such person qualified to vote at 'such election may exercise his right to vote, but where he does so, he shall give no indication 25 of the manner in which he proposes to vote or has voted; (ii) such person shall not be deemed to have contravened the provisions of this section by reason only that he assists in the conduct of an ele<>tion in the due performance of a duty imposed on him by or under any law for the time being in force go (4) the provisions of sub-sections (1), (2) and (3) shall be deemed to form a part of the conditions of service of the persons speciftecl in clause (a), clause (b) and clause (c) of sub-section (1) and any contravention by any such person of any provision of sub-section (1), or, as the case may be, sub-section (3), shall be deemed to be a breach of the 35 terms and conditions of such service and shall be dealt with accordingly expianation i-the display by such person on his person, vehicle or residence, of any electoral symbol shall amount to using his 1nfllmlllce in connection with an election within the meaning of this section explanation h-for the purposes of this section, "legislature" 40 means--(i) either house of parliament , (ii,) the legislative assembly of a state, or in the case of a ~tate having a legislative councit, either house of the legislature of that state, (iii) legislative assembly of a union ~rritory constituted under the government of union territories act 1963 , , , (iv) the metropolitan council of delhi constituted under section 3 of the delhi administration act, 1966, or (v) district councils and regional councils in the states of assam and meghalaya and in the union territory of mizoram as provided in the sixth schedule to the constitution, the case may be 65 (1) the central goverrunent may, by notification, make rules to = , 10 carry out the provisions of this act rules (2) in particular, and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:--(a) the term of office of the chairman and other members ci a 15 corporation, as required by sub-section (1) of section 7, and the salaries and allowances which the chairman of a corporation shall be entitled to receive and the conditions of his service in respect of leave, pension, provident fund and other matters and the allowances which the other members of a corporation shall be entitled to 20 receive, as required by sub-section (4) of section 7; (b) the matters specified under sub·section (1) of section 9 sub· ject to which each corporation shall carryon life insurance business and the conditions subject to which investment of its funds shall be made by a corporation, as required by clause (b) of sub-section (2) 25 of section 9: (c) the fees and allowances to be paid to the members of a committee constituted under sub-section (4) of section 13 for attending its meetings or for any other work; 30 (d) the appointment of secretary and other officera and employees, by a corporation to enable it to discharge its functions, as requirei by sub-section (3) of section 14 and the terms and conditions of service of the executive directors, secretary and other officers and employees of a corporation, as required by sub-section (4) of section 14; 35 (8) the term of office of a member of the board, and the 'salaries and allowances which a whole-time member of the board shall be entitled to receive and the conditions of his service, as required by sub-sections (1) and (5) of section ·16; (/) the fees and allowances to be paid to members of committe (other than the members of a corporation or of the board) for attending meetings and for attending to other work, as required by subsection (2) of section 17; (g) the times and places at which the board shall meet and the ~edure in regard to the transaction of business at its meetings which shall be observed by the board, as required by sub-section (l) of section 18; (h) the terms and conditions of service of secretary and otlier 5 officers and employees of the board, as required by sub-section (2) of section 19; (i) the manner in which the board shall review the functioning of a corporation and the service which the board shall render to a corporation, as required by sub-section (1) of section 20; 10 (j) the functions, other than those specified in sub-section (2) of section 20, which may be performed by the board, as required by sub-section (2) of section 20; (k) the matters subject to which payment of an amount determined by the central government shall be made by a corporation 15 to the !:soard, as reqwred by suo-section (1) of sectlon 21; (l) the form in whlch an appllcation under sub-~tion (1) of section 24 shall be made to the claims tnbwull and the manner in which such applicatlon shall be verified and the fee wluch shall accompany such app!lcatjon, as required by sub-section (2) of section 20 ~; , ' ,, ,~,,~-, (m) the form in which an appeal shall ~ filed to the appellate claims tribunal, the nupmer in which the memorandum of such appeal shall be verified and the fee which shall accompany such memorandum of appeal, as required by sub-section (2) of section 28; !l5 (n) the form in which an application shall be made to the service matu!rs tribunal, the manner in which 'such application shall be verified and the fee which shall accompany such application, as required by sub-section (4) of section 32; , (0) ,the matters subject to' which every tribunal 8hall bani so power to regulate its own procedure and the procedure of the benches thereof, including the places at which it or its benches shall held its, or their, sittings, as required by sub-section (2) of seqtion 35; (p) the conditions and limitations subject to which costs may 35 be awarded by any tribunal, as required by 8ub-section (1) of section 39; (q) the form in which a report giving an account of its activities during the previous financial year shall be submitted by a corporation and the board, as required by sub-section (1) of section 43; 40 (r) the terms and conditions of work of the insurance agents of a corporation including those who become insurance &genjts of a corporation on the appointed day, as required by sub-section (3) of section 57 of this act, read with section 42 of the insurance act; (8) such other matters as are required to be, or may be, pre~ 45 crjbed _ (3) the power to make rules conferred by sub-section (2) shall include power- (i) to give retrospective effect to the terms and conditions of service of the emllloyees or the terms and conditions of work of in- 50 surance agents under such rules; (ii) to amend by way of addition, variation or repeal such terms and conditions of service or work with retrospective ef!ect from a date not earlier than the appointed day (1) every corporation may, with the previous approval of the s central government, by notification, make regulations, not inconsistent with the provisions of this act and the rules made thereunder, ~o provide for all matters for which provision is expedient for the purpose of giving effect to the provisions of this act (2) in particular, and without prejudice to the generality of the 10 foregoing power, such regulations may provide for all or any of the following matters, namely:-(a) the powers and functions of a corporation which may be delegated to the officers in charge of its divisional offices and branch offices; (b) the method of recruitment of employees and insurance agents of a corporation; (c) the manner in which the fund of a corporation shall be maintained; (d) the maintenance of separate funds and accounts at each of the divisional offices and branch ofllces of a corporation; 20 (e) the jurisdiction of each divisional office and branch offic of a corporation; <i> the conduct of business at meetings of a corporation; (g) the formation of committees of a corporation and the delegation of powers and functions of the corporation to such committees, and the conduqt of business at meetings of such committees; (h) the form and manner in which policies of life insurance may be issued and contracts binding on a corporation may be executed; (i) the classification of policies of life insurance, whether issued by a corporation or transferred to a corporation from the diuolved corporation, for ,the purpose of declaring di1ferential bonu8el, wherever necessary; (j) the manner in which and the intervals within which th accounts of various divisional offices and branch offices of a cor· poration may be inspected and their accoun ts audited; (k) the conditions subject to which any payment may be made bya corporation (3) 'the power conferred by this act to make rules in relation to the 40 d1a~s in respect of which regulations could be made under the life insurance act shall be deemed, for t~ purposes of this act to carry with it the powers to amend, with retrospective effect from a day not earlier {than the appointed day, the regulations, if any, made under the life insurance act and in force immediately before the appointed day, 45 add such regulations,as so amended, shall have effect accordingly notulc:ationa, rub and regulations to be laid before parliament &7 every notification made under iub-oaection (2) t or aub-sectioil (4) t of section fj7, every rule made: udder section 65, and every ftlwation made under section 66 shall be laid, as soon as may' be after ~t ii madet before each house of parli&ment,while it is in leslion, for a-total period of thirty days which may be comprised in one session or id two 5 or more successive sessions, and if, before the expiry of the· e immediately following the session or the successive sessions aforeuid, b()tth houses agree in making any modification in the notification, rule or regulation or both houses agree that the notification, rule or resujation should not be made, the nowication, rule or reiulation ihall ur- 10 after have effect only in such modified form or be of no effectt as the case may be; so, however that any such modification or annulmen~ ahall be without prejudice to th~ validity of anything previously done \ldder that notification, rule or regulajtion act to override all other enactment, etc power to reldove ciijicuitiea gs the provisions of this act and the niles made thereunder 1hall 15 have effect notwithstanding anything contained in /the lndustrial dillputes actt 1947 or in any other enactment (other than this act) foiithe •• ei", time being in force, or any judgment, decree or order of any cowi, tribunal or other authority or any agreementt aettlement, award or otlwr instrument for the time being in force so 69 (1) if any difficulty arises in giving effect to the provisions of tilis act, the central government may, by order, not incons1stedt wita the provisions of this act, remove the diftlculty: provided that no such order shall be made after the expiry of a period of two years from the appointed day 85 (2) every order made under this section shall be laid,u loon ulbilj be after it is made, before each house of parliament 70 notwithstanding the repeal of the life insurance act, by _boo section (1) of section 3t-(a) anything done or any action taken under the aet 10 so pealed; ,qt "ik (b) any sums due to, or payable by, \he diiiolved corporation, immediately before jule appointed day; (c) any contract or agreement entel1ed into, or altllllil_t made, by the dissolved corporation, and in force immediately befon 35 the appointed day; (d) any rules made under the life irwuranee act, anel in foree immediately before the appointed day; (e) any regulations or any other proviliolll with r pect to the terms and conditions of service of employees and the iinu ael fo conditions of work of insurance agents of the dissolved corporation, as in force immediately before the appointed day; (1) any other regulation" u in force immediately before tbi appointed day, ~hall, inti so far as ththey are relatable to a zonal oftlce of the dissolved 45 orpora on, and e officers, employees and agents in, or attached to such office, be deemed, without prejudice to the provisions of the nnt schedule, to have been done or taken, o~, as the cue may be due to or i-ayable by, or entered into, or made by the corresponding co~ra lon, and ~v~~ such rule, regulation, contract, agreement or arrangement - :~al1~u until it is duly altered under this act, have effect notwithstandin, 5 y j dgment, decree or order of any court or tribuat and llotwithsta1l4-in, anything contained in the indultrial dilput act, id47 or any other law or any agreement, se~tlement, award or other instrument for the time being in force e,rplanation-for the purpol'jes ot this act, unless the context other-5 wise requires, "corresponding corporation", in relation to a zonal oftlce of the dissolved corporation, means the corporation which has it head office at the place at which that zonal office was located immediately before the appointed day 10 the first scheduli! (see section 3) transfer of the capital, the oi'ficers and 0'l"hzr 1lmploy!:i:b, and 'mil aii8ilts and liabilities, of the dissolved corporation and omer ma'l"l'ersi1 in this schedule, unless the context other~ise requires,-definiti onl (0) "corresponding corporation" has the meaning assigned to it 15 in the ezplanatlion to section 70: (b) "paragraph" means a paragraph of this schedule; (c) "sub-paragraph" means a sub-paragraph of a paragraph: cd) "zonal oftlce" means a zonal oftlce established under sub-rction (2) of section 1& of the life insurance act and include divt-20 ional offices, branches and other offices in each zone 2 out of ,the capitblofrupees five crores provided by the central government to the dissolved corporation, there shall stand transterred on the appointed day, to each ot the corporations, a sum of rupees one erore capital provided by central govern_ mentto the dil-60lved corporation to be transferi"ed'to the corporations 1,5 3 (1) subject to the other provisions ot this schedule, every ofticer or other employee of the dissolved corporation,-alloea! ion 0 f officers and other employees of the dillolved corporation (a) who was employed immediately betore the appointed day in a zonal office, shall become on and from that day, an oftlcer or other employee, as the case may be, ot the corresponding corporation; so (b) who was employed immediately before the appo~ted day, in any office, other than a zonal office, shall become, on and from the ,appointed day, an officer or other employee, as the case may be, ot such corporation, as the central government may, by general or special i order published in 'the oftlcial gazette, specify, and until any order is made with respect (to any such offtcer or other employee, he shall be deemed to have become, on and from the appointed day, an officer or other employee of the board (2) an order under clause (b) of sub-paragraph (1) may be made with retrospective effect from a date not earlier than the appointed day, (3) in making an order under clause (b) of sub-paragraph (1) for the purpose of allocating any officer or employee to anyone of the corporations, regard 'shall be had to the need ,for the efficient discharge 5 of its functions by such corporation and the public interest and other relevant matters,' (4) notwithstanding anything contained in the foregoing sub-paragraphs, it shall be open to any officer or other employee of ,the dissolved corporation to opt in favour of not being an officer or other employee 10 of the concerned corporation by giving one month's notice of such option to, such corporation: provided that such notice shall be given,-, ' (a) before the e""piry of three months from the appointed day, or (b) where such ofticer or other employee is an oftlcer or other 15 employee referred to in clause (b) of sub-paragraph (1) within three months from the date on which an order, applicable to him, is made under that clause, (5) the option exercised under sub-paragraph (4) by an oftlcer or other employee shall take effect on the expiry of the period of notice of one 20 month, but· the takjn~ effect of such option shall not prejudicially affect any disciplinary or other proceedings which may be pending against him on the date on which the notice was given, or which may be taken against iuch officer or other employee in respect of anything done or omlltted to be done by him before his option had taken eflect, ii!,> (6) an otftcer or other employee who exercises the option referred to in sub-paragraph (4), shall- (a) be entitled to the payment of an amount equivalent to the salary and allowances which he would have drawn for a period of three mor1ths if he had continued in service for that period, from so the date on which his option takes effect, but where he would have continued in service for a period of less than three months: such amount shall be equivalent to the salary and allowances which he would have drawn for the period for which he would have continued in lervice; s" (b) be paid, by way of gratuity, an amount calcuiated in accord ance with the rules which would have applied in his case if the life insurance act had not been repealed and he had retired fpom service on the date on which his option took effect, and for this purpose the requirement as to the minimum period of service which sliould have 40 been rendered for becoming entitled to gratuity under those rules sha1l not apply and such gratuity shall be payable on the 'basis of the b~ic pay drawn by him immediately before the da, on which his option took effect; , (e) be entitled to such other terminal benefits other than gra- 45 tuity, as would have been payable to him if th~ life insurance act had not been repealed and he had retired from service on the date on which his option took effect: provided that in the case of any ofticer or other employee against whom any disciplinary proceeding is pendini immediately before the appointet3 day, or against whom a disciplinary proceeding may be taken thereafter, the paymen t of salary, allowances, ifatuity or other terminal 5 benefits under this paragraph shall be subject to the result of the said proceedings transfer 01 4 (1) on the appoimed day, the rights and liabilities of the dissolved corporation in respect of the policies of life insurance issued by it, and in force immediately before the appointed day, which were being serviced a'~l"ti and liabilitil"1 of the dillolved corporation 10 by a zonal office shall subject to the other provisions of this schedule, stand transferred to, ~nd shall vest in, the corresponding corporation (2) save as otherwise provided in sub-paragraph (1), the assets and liabilities of the dissolved corporation, as on the day immediately before the appointed day, shall be allocated amongst the col't"esponding 15 corporations in such manner and to 'such extent as the central government, having regard to the recommendation made by the committee constituted under sub-paragraph (3), may, by order published in the official gazette, determine and such order may, provide for the retransfer to a corresponding corporation of any assets and liabilities which dnd 10 been previously allocated to any other corresponding corporation under any provisional order made under sub-paragraph, (5) (3) the central government shall constitute a committee conlistlng of not less than three and not more than ftve persons who, in its opinion, have special expertise in the matter of evaluation and allocation of asset 2~ and liabilities of bodies corporate, for the purpose of evaluating and recommending the allocation of the assets and liabilities of the dissolved corporation amongst the corresponding corporations in accordance with the provisions of sub-paragraph (4) (4) the committee shall-3(; (a) determine the value of the assets of the dimolved corporation; and in determining such value, the committee shall have due regard to the net yield from loans and investments, (b) determine, in accordance with the actuarial principles, the liabilities in· respect of the life insurance policies, which, by virtue ~i of this act, stand transferred to, and vested in, each corresponding corporation, • and on such determination, make a recommendation to the central government for the allocation, in an equf/table manner, of such assets amongst the corresponding corporations, having regard to the liabilities -4-0 which, by virtue of this act, stand tran!9ferred to, and vested in, each correspondinf,t corporation: provided that the allocation of the assets and liabilities of the dissolved corpor~ons amongst the corresponding corporations shall be so made as ~o ensure that immovable properties are allocated, as far as 45 practicable, on "as is where is" basis and such allocation shall be 10 made as to ensure that 'ihe deficiency if any, in the value of any immovable property allocated to a corresponding corporation is made good by the allocation to it of other asllletr of thp dissolved corporation, (5) the central government may it it conaiden neceelary or expedient so to do for the efficient transaction of business of the corre ponding corporations, pending the making of an order under sub-paragraph (2), by a provisional order published in the ofbcial gazette, allocate amongst the corresponding corporations the assets and liabilities 5 of the dissolved corporation referred to in sub-paragraph (2), and such provisional order shall cease to have effect 'on and from the date of publication in the official gazette of the order made 'under lub-paragraph (2), ex~ as respects things done or omitted to be done under iuch provisional order 10 (6) any person aggrieved by the order made by the central government under sub-paragraph (2) may, within thirty days from the date on which the order is published in the oftlcial gazette, make a repreeentation ito the central government for the review of the order on any of the grounds specified in sub-rule (1) of rule 1 of order xlvii of the 15 5 efgob first schedule to the code of civil procedure, 1908, and on receipt of such representation the central government shall, after givin~ the person making the representation an opportunity of being heard, dispose of the representation as expeditiously as possible, and where on such review, the central government is of opinion that it is necessary ~o so to do, it may modify i the order made by it under sub-paragraph (2): and pubush the order as so modified in the offtcial gazette '(7) all transactions and other acts which immediately before the appointed day could have been entered into or done by a zonal of!lce in relation to any assets tiabtuties, business or any other matter of, ~5 or pertaining to, the dissolved corporation, may, on and from that day, be entered into or done in respect -f 'such assets uabilities, business or other matter by the corresponding corporation as if such assets liabilities, business or other matter were by virtue of this sub-paragraph, the assets, liabilities, business or other mattet of or pertaining to, the 30 eorresponding corporation (8) all agreements arrangements contracts and covenants entered into and in force immediatelv before the appointed day bv any office of the dissolved corporation, other than a zonal office, and all transactions entered into, and in force immediately before the appointed day per- 35 taining to any office, other than the zonal office, and all assets liabilities business or any, other matter of or pertaining to any office of the dissolved corporation other than a zonal oftlce shall be deemed, on and from the appointed day to have been entered into or made bv 'such corresponding corporation and shall become on and from that day, the 40 assets, uabilities, business or any other matter, as the case may be of such a corresponding corporation, as the central government may, bv order ,direct (9) no suit appeal, application eftcution or other legal proceeding by or agai'n'st the dissolved corporation which is pendin~ immediately 45 before the appointed day shall abate or be discontinued or be in any way 'pl'ejudicially affected by reason of the transfer of the ri ~hts, assets and uabiutiesof the dissolved corporation to the corresponding corporation or of anything contained in this act and f!very such suit appeal, application, exeeution or other lea'al proceeding may be continued, so prosecuted or enforced by or against ithe corresponding corporation to which such rights, assets and liabilities have been tranllff'rred and vested in under this act kzp14nation-for the pul1poses of this sub-paragraph, "legal proceeding" includes any proceeding before an arbitrator or before any tribunal constituted under the life insurance act or any other law for the time being in force 5 (10) the business of the dissolved corporation outside india, immediately before the appointed day, and the assets, rights, liabilities and obligations of the dissolved corporation in relation to such business and the officers, other employees and insurance agents, if any, employed by the dissolwd corporation in connection with such business, immediately 10 before the appointed day, and all other matters relating to the said business shall, in relation to the branch specified in column 1 of the table below become the assets, rights, liabilities and obligations or business, or, as the case may be, officers, other employees and insurance agents of the corporation specifted against its name in the correspond-j 5 ing entry in column 2 of the said table: table1 2 1 loudon branch l mauritius branch 110 the northern life insurance corporation of india the western life insurance corporatioll of india the central life insurance corporation of india 3 fiji branch ---------(11) if, according to the laws of any country outside india, the proviaions of this schedule and of any scheme made thereunder are not 115 effective to transfer to, and vest in, a corporation specified· in column 2 of the table under, sub-paragraph (10), any asset situated in that country or liability incurred therein which formed immediately before the appointed day, a part of the business of the dissolved corporation, the atfairs of the dissolved corporation in relation to such a:;set or liability 30 shall, on and from the appointed day, stand entrusted to such officer of such corporation (eing a corporation mentioned in the said table), as the central government may, by notification, appoint in this behalf, and the officer so appointed may exercise all powers and do all acts and things as may be required by the laws of such country for the purpose 35 of effec~vely tr~sferrin~ or vesting such ass~ts or liabilities in the corporation of which he is an officer and may either himself or through any person authorised by him in this behalf realise such asset and discharge such liability for and on behalf of 'such corporation i (1) the rights and liabilities of the dissolved corporation in 40 respect of a policy of life insurance which stand transferred to,- and vested in, under sub-paragraph (1) of paragraph 4 to a corresponding corporation, shall be the rights and liabilities, respectively, of such coj'll'espon~g icorporation and/ such corresponding corporation 11 exercise such rights, or, as the case may be, shall be liable in respect 45 of such policy of life insurance to the same extent and in the same manner as the dissolved corporation was entitled to exercise such rights, or, as the case may be, liable, and shall do au such acts and things in respect of such policy of life insurance as the dissolved corporation 'would have been required to do in respect thereof if this act had not been passed 50 (2) notwithstanding anything contained in sub-paragraph (1) of this paragraph, or in sub-paragraph (1) of paragraph 4 the correspondin, corporation to which the liability in respect of a policy of life in-effect of the transfer to the corres_ pondin, corporationof policiew of life insurance issued by the dissolved corporati • surance stands transferred to, and vested in under this act shall, if the holder of such policy of life insurance makes within six months from the appointed day, an application to such corporation for the transfer of the liability in respect of such policy of life insurance to any other corporation established under this act transfer such liability to such other cor-5 poration and s"jch other corporation shall be bound to accept buch transfer: 'j'radifer or liaaurance ~of the diuoyled corporation provided that the beneftts admissible to an insurance agent in relation to the policy of life insurance so transferred, 'shall continue to be admissible to him and the corresponding corporation to which the 10 policy of life insurance i8 80 transferred shall be ;uable to make uch benefits available to that insurance agent (3) the option exercised by a policy-holder by making an application under sub-paragraph (2), shall be final 6 (1) subject to the other provisions of this paragraph, every 15 person who immediately before ·the appointed day is an insurance agent of the dissolved corporation shall, on and from the appointed day, become an insurance agent of the corresponding cor;poration in relation to the zonal office in the branch whereof the records of his work as an insurance agent are maintained immediately before the said day, and 20 shall continue to function as such insurance agent on the same tenns and conditions as would have been applicable to him if this act had not been passed and shall continue to do so unless and until his appointment iii such insurance ugent of such corresponding corporation is terminated or until such terms and conditions of hi work as an insurance agent lis are duly altered 'under this act (2) the period of work rendered by an insurance agent in the dissolved corporation shall be counted towards the i period of his work in the corresponding corporation of which he becomes an insurance agent under sub,paragraph (1) in the same manner as it would have been 30 counted in the dissolved corporation if this act had not been passed (3) an insurance agent of the dissolved corporation shall not be entitled to claim any compensation by reason of his becoming, by virtue of the provisions of sub-paragraph (1), an insurance agent of the c0rre8-ponding corporation or by reason ot any alteration of his terms and 35 conditions of work as provided in that sub-paragraph and do such cl~im shall be entertained by any court, tribunal o·r other authority the second schedule (see section 9) 'i'm: zonis and dnutons within the zones in which dn'enslyj: development of un: insurance business js to - mad! by the corporations _-------_ ----| namo | or ||-----------------------|--------------|| tho | || corporation | || zone | || divisions | within || the zone | || -~---- | || i | || ii | || iii | || 2 | || the | || eastern | || lifo | || calculi a | || calc:uua | || 5 | || 1l1lu1'ldcc | corporation || or | || india | || asanlol | || cuuick | || oaubati | || jajpaisur | || i | || j | || llllllbedpur | || 10 | || mazafi'arpul" | || pama | || silchar | || 3 | || tho | || northern | || lifo | || delhi | || dc1hi | || insurance | || corporation | || 15 | || of | || india | || ajmer | || cbandiprh | || lulhladur | || laipur | || 4 | || 'tho | || southem | || lifo | || madra~ | || madras | || 20 | || insui'iiilcd | || corpora&iod | || or | || india | || baaaa10ftl | || coimbatoro | || hyderabad | || madurai | || 25 | || masujipatn,m | || triyaddrum | || udupi | || 'l'buqavur | || dhanrid | || go | || lco:rbikode | || vukhapatnam | || cuddapah | || 5 | || 1110 | western lifo || bomba)' | || bonlba~' | || 35 | || laaurance corporation | || ahmeda"d | || or | || india | || naapur | || n | || ill | || pune | || 4 | || 0 | || rai1cot | || sa,· | || sural | | statement of objects and reasonsthe life insurance business in india was nationalised in 1956 to provide absolute security to the policy-holders and to spread insurance much more widely and in particular to the rural areas since nationalisation, the life insurance corporation has a fairly impressive record of extending insurance services to ·the community at the end of 1955 the individual assurance business in force was 48 lakh policies it has now increased to well over 245 lakh policies at the end of march, 1983 similarly the sum assured has increased from rs 1,220 clores to rs 26,000 crores group insurance business which was negligible at the time of nationalisation has increased to provide cover to over 70 lakh lives and the sum assured 'under these schemes is rs &,613 crores the life fund also has increased from rs 380 crores to rs 8,600 crores 2 the corporation over the years has grown considerably in 'size and it has,' therefore, been decided in the interest of operational em-ciency, and, in order to strengthen the industry's ability to meet the challenges of the future, to re-structure the existing life insurance corporation into more manageable units it is expected that this will result in more effective spread of insurance into the rural area's where only limited headway has been made so far 3 the bill provides for the re-structuring of the corporation into five independent units with a co-ordinating body to provide supervision and guidance on matters of common interest this reorganisation is also expected to impart a greater degree of dynamism into the working of the industry and improve the quality of service rendered to the policyholders 4 on the establishment of the five independent units, the assets and liabilities of the life insurance corporation of india would be equitably distributed amongst these units on the basis of actuarial valuation thereof made by a committee of experts persons employed in any zone of the erstwhile corporation would be so employed in the unit established for that zone that they are not disturbed persons employed in the central office of the erstwhile corporation would, however, be distributed among the life insurance board and the different units having regard to the administrative requirements of the board and of luch units 5 the bill further provides for 'setting up of claims tribunals, appellate claims tribunals and service matters tribunals far speedy settlements of disputes relating to life insurance claims of policy-holders li<nd service matters of the employees 6 the notes on clauses appended to the bill explain in detail the various ,provi'sions thereof new delhl; pranab mukherjd the 2!7th 4ugust, 1983 president's recommendation under article 117 of the constitution of indiil[copy of letter no f4(3) iins-llii83, dated the ,26th august, 1983 from shri pranab kumar mukherjee, minister of finance to the secretary, lok sabha] , the president, having been informed of the subject matter of the proposed life insurance corporations bill, 1983, recommends the introduction of the bill in lok sabha under clause (1) of article 117, and its consideration under clause (3) of article 117 of the constitution of india the above said recommendation was made by the president on the 25th august, 1983 - clause 2-this clause defines the expressions used in the billclause 3-this clause provides for the dissolution of the life insurance corporation of india established under section 3 of the life insurance corporation act, 1956 (31 of 1956), and the repeal of the aforesaid act the clause also provides that the capital of the dissolved corporation its officers, employees and insurance agents as well as its rights, liabilities and obligations shall be dealt with in accordance with the first schedule clause 4-this clause provides for the establishment of new life insurance corporations with head offices at kanpur, calcutta, delhi, madras and bombay clause 5-this clause provides for the authorised capital and the paid-up capital of each of the new corporations clause 6-this clause provides for the constitution of the new corporations, the maximum number of members of each corporation and the conditions to be satisfied by the members clause 7-this clause provides for the term of office and conditions of service of the chairman and other members of the new corporations, excluding e:r officio members their terra of office will not be less than three years and they will be eligible for reappointment the cla"lse also provides for the filling up of a casual vacancy of a member or in the office of the chairman clause 8-this dause provides for the disqualifications and removal of members and also the termination of the appointment of the chairman and his resignation of office clause 9-this clause defines the functions and powers of the new corporations and provides that each corporation shall be primarily responsible for the intensive development of life insurance business within the zone, that is to say the area, assigned to it for this purpose the clause also empowers the central government to isne directions to the new corporations in matters of policy involving public interest 'clause lo-this clause provides for conditions which each )lew corporation may impose to protect its ,investments and for the appointment of its nominee on boards of directors of the assisted concerns the clause also provides for indemnity for these nominees clause h-this clause provides for establishment of divisional offices, branches and other offices by the new corporations clause l2-this clause provides that the chairman of a new corporation-shall be the managing director thereof and shall also be the presi-dent of each of the committees constituted in tenns of clause 13 -, , " clause 13-this clause provides for the constitution of an executive committee, an investment committee and such other committees as each new corporation may dt!cide clause 14-this clause provides that each new corporation may appoint executive directors, secretary and other officers and employees according to its requirement clause 15-this clause provides for the constitution of the life insurance board with its office at new delhi the board will consist of the chairman of each new corporation, ex officio, and other members, not exceeding 11 one of the members of the board shall be appointed its chairman clause 16-this clause provides for the conditions of service and the term of office of the mpmbers of the life insurance board, other than ex officio members clause 17-this clause provides for appointment of committees by the life illsurance board for different purposes and the fees and allowances payable to members (other than the members of a new corporation and the board) of the committees clause lb-this clause provides for meetings of the life insurance board and committees thereof and the procedure to be followed at the meetings of the board and the committees clause 19-this clause provides for the appointment of secretary and other officers and employees of the life insurance board and the terms and conditions of their service clause 20-this cl8'use provides for the functions of the life insur-&nce board the board will co-ordinate the activities of the new corporations, review their performance and render advice to the new corporations in matters of common interest, including actuarial matters clause 2,1-this clause provides for the finances of the life insurance board clause 22-this clause provides for the establishment of claims tribunals and qualifications of the members of the tribunals clauses 23 and 24-these clauses provide for the scope of the references to the claims tribunals no suit or other legal proceeding will lie in a civil court in respect of any matter pending before, or decided by, a claims tribunal or the appellate claims tribunal clause 25-this clause provides for the procedure of claims tribunals a claim not exceeding rs 25,000 may be disposea of by a single-bench tribunal clause 26-this clause provides for the procedure for hearing cases by the claims tribunals the order passed by the claims tribunal will, subject to the decision of the appellate claims tribunal, be final clause 27-this clause provides for the constitution of an appellate claims tribunal the clause also defines the qualifications of the members of the appellate claims tribunal and provides for appointment of president and vice-president (s) of the appellate claims tribunal clause 28-this clause defines the scope of the appeals to the appellate claims tribunal and the time-limit within which the appeals may be filed clause 29-this clause provides for the procedure to be followed by the appellate claims tribunal for hearing the concerned parties and the service of the orders passed by the appellate claims tribunal clause 30-this clau"e provides for the procedure of the appellate claims tribunal regarding allocation of work and disposal of appeals the c!au<;e also provides that a claim not exceeding rs 50,000 may be disposed of by a single-bench of the appellate claims tril1unal clauses 31 and 32-these clauses provide for the establishmen~ of service matters tribunals, the qualifications of their members and the scope of applications which the employees of the new corporations or thf! life insurance board may make to these tribunals clauses 33 and 34-these clauses provide for the procedure to be followed by service matters tribunals and the service of orders passed by such tribunals clauses 35 and 36-these clauses define the authority of the tribunals every tribunal shall have 'he same powers as are vested in a civil co'urt in connection with oral and documentary evidence, shall have power to regulate its own procedure and every proceeding before a tribunal shall be deemed to be a judicial proceeding clause 37-this clause provides for the procedure where the members of a tribunal differ in their opinion clause 38-this clause provides for the method of determinatir·n 0' equivalent ranks for the purpose of appoin~ment as members of :1 tribunal clause 39-this clause deals with costs awarded by a tribunal clause 40-this clause provides for the establishment of a fund by every new corporation for crediting all receiptq and debiting all payments of the corporation thereto clause 41-this clause provides for appointment of auditors by every new corporation and the life insurance board and the manner in which they will submit their reports clause 42-this clause provides for actuarial valuations of the new corporations once at least in every two years the report of the ac~uaries will be submitted to the central government clause 43-this clause provid~s for the submission by every new corporation and the life insurance board to the central government of the annual reports of their activities annually the clause also provides that the new corporations and the life insurance board will fur?ish to the central government other reports and returns, etc, whlch the central government may, from time to time, require cla1l8p 44-this clause provides for the manner in which the surplus dlsclosed by the actuarial valuation of the life insurance business of every new corporation shall be disposed of nine~y-five per cent of the surpllll will be allocated to the policy-holders, and the balance will be paid to the central government or will be utilised for such purposes and in such manner as the central government may determine clause 45-this clause provides for the payment to the central government of the profits of the new corporations accruing from business other than life insurance business clause 46-this clause provides that the report of the auditors on the annual acco'unts and the report on the actuarial valuation of the new corporations will be laid before parliament the clause further provides that the reports on the activities of the new corpora~ions and the life insurance board will also be laid before parliament clause 47-this clause provide::; that the new corporations will, subject to the exceptions laid down in the proposed legisla'jon, have exclusive privilege of carrying on life insurance business in india clause 48-this clause provides for permission being granted to any person to carryon life insurance business in india in respect of lives of persons ordinarily resident outside india claw;e 49-this clause provides for the use of an official seal by the various offices of a new corporation clause 50-this clause provides for guarantee by the central government as to the payment of sums assured and vested bonuses under life insurance policies on the registers of the new corporations clause 51-this clause provides that a new corporation shall not be placed in liquidation save by an order of the central government clause 52-this clause provides for penalties for carrying on 'life insurance business in india in contravention of the proposed legislation clause sa-this clause provides for ~nalties for withholding of property, etc, from the new corporations on their establishment clause 54-this clause contains the usual provision relating to punishment of offences by companies clause 55-this clause provides that the jurisdiction of civil courts will be barred in a matter which a service matters tribunal is empowered to entertain and adjudicate upon clause 56-this clause provides for enforcement of the decisions and orders of the tribunals clause 57-this clause provides for the application of the various provisions of the insurance act, 1938 (4 of 1938) to the new corporations clause sa-this clause seeks to provide that no deductioll of tax wu 1 be made at source under section 193 or section 194 of the incometax act, 1961 (43 of 19(1), in respect of any interest or dividend payable to a new corporation on any securities or shares owned by it or in which it has full, beneficial interest clause 59-this clause provides for exemption to certain funds and orgal1isations from the provisions of the proposed legislation to enable them to run schemes involving contingencies of life and death, clause • -this clause provides that the proceedinp ofa new corporation, the life insurance boud or a tribunal will not be called in question merely by reason of the existence of any vacancy theretn or any defect in the constitution thereof clause si-this clause provides protection to members, executive directors or employees of the new corporations and the life insurance board for anything done in good faith or intended to be done under the proposed legislation clause 82-this clause provides that the employees of the new corporeltions, the life insurance board and the tribunals shall be deemed to be public servants clause sa-this clause provides for the disqualifications for being eligible for the issue of licence to act as insurance agents and for annulment of any such licence if issued contravening the provision clause 64-this clause provides that the employees of a new corpo~ ration or of the life insurance board or of a tribunal, the members of a new corporation or of the life insurance board and the members of a tribunal shall not take active part in politics clause 65-this clause confers on the central government the power to make rules to carry out the provisions of the bill clause 66-this clause confers on every new co~ration power to make regulations, not inconsistent with the provisions of the proposed legislation and the rules made thereunder, with the previous approval of the central government clause 67-this clause provides that the notifications made under clause 57, rules made under clause 65 and regulations made under clause 66 shall be laid before parliament clause 68-this clause provides for the provisions of the proposed legislation and the rules made thereunder to overri~ all other enact~ ments, etc clause 69-this clause provides for removal of diftlculties clause 70-this clause provides that notwithstanding the repeal of the life insurance corporation act, 1958, the actions, dues and contracts of the dissolved corporation shall devolve on the corresponding new corporations the clause also provides that the rules and regulations made under the aforesaid act shall remain in force until they are duly altered the firb1; schedule: paragraph i-this paragraph defines the expressions used in the first schedule paragraph 2-this paragraph provides for the manner in which the capital of the dissolved corporation will be transferred to the new corporations paragraph 3-this paragraph provides for the allocation of the oftlcen and other employees of the dlssolved corporation to the new corporations which would come into being on the appointed day the paragraph also provides for protecting the emoluments of the officers and other employees and an option that they can exercise in favour of not being an officer or other employee of the concerned corresponding corporation by ;giving a month's notice paragraph 4-this paragraph provides for the distribution of assets and liabilities of the dissolved corporation and the allocation - of the same amongst the corresponding new corporations in an equitable manner in accordance with actuarial principles it also provides for the protection of all transactions, agreements, arrangements, contracts, etc, of the dissolved corporation ·to continue as if they had been entered into by the corresponding new corporations sub-paragraph (to) of this paragraph provides for the distribution of the foreign branches of the dissolved corporation paragrap1t 5-this paragraph provides for the rights and uabilities of the dissolved corporation in respect of life imrilrance policies transferred to the corresponding new corporations and a one-time option to the policy-holders to obtain transfer of their policies to the new corporation of their choice parngraph 6-this paragraph provides for the continuance of the insurance agents in the corresponding new corporations on the same terms and conditions as would have been applicable to them if the proposed legislation had not been passed the second schedule-this schedule specifies, the zones, that is to say the area, referred to in clause 9 wherein intensive development of life insurance business would be the primary responsibility of the respective new corporations clause of the bill provides that the authorised capital of each of the new corporations shall be rs 5 crores and that the paid-up capital of each corporation shall initially be rs 1 crore, to be increased subsequently if the circumstances so warrant the initial paid-up capital of each new corporation will be s'ubscribed oy the central government out of the capital amount of rs 5 crores, provided to the dissolved corporation immediately, therefore, no fresh outlay is involved 2 clauses 22 and 27 of the bill provide for the establishment of claims tribunals and an appellate claims tribunal to deal with disputes relating to life ins'urance claims further, clause 31 provides for establishment of service matters tribunals to deal with grievances relating to service matters oi employees to start with, it is proposed to establish five claims tribunals and five service matters tribunals besides the appellate claims tribunal the estimated non-recurring expenditure on account of the establishment of these tribunals is of the order of rs 30 lakhs and the estimated recurring expenditure is of the order of rs 42 lakhs per annum 3 the establishment of the new corporations and supervision and control over their affairs in terms of the various clauses of the bill would place' additional burden of administration on ~he insurance divi!,ion of the department of economic affairs to ensure that added responsibilities of the division are discharged satisfactorily and smoothly, some marginal additions would have to be made to the existing strength 1)£ officers and s~aff the estimated recurring expenaiture is likely to be of the order of rs lakhs per annum 4 in terms of clause 50, all contracts for assurance on the registers of the new operating units, including those transferred from the corporation, will be guaranteed as to payment by the central government it is unlikely that this guarantee will lead to any liability in fact clause 57 of the bill empowers the central government to apply certain provisions of the insurance act, 1938 (4 of 1938), by notification in the official gazette, to every corporation established under the proposed legislation, subject to such conditions and modifications as may be specified in that notification 2 clause 65 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 in detail the matters with respect to which rules may be made undier this clause these matters relate, inter alia, the terrr of office and conditions of service of the chairman and other members of a corporation, the matters subject to which investment of its funds shall be made by a corporation, the fees and allowances to be paid to the members of a committee constituted under the proposed legislation t~e terms and conditions of service of the executive directors, secretary and other officers and employees of a corporation, the terms and conditions of 'service of a member of the board, the times and places at which the board shall meet and the procedure in regard to the transaction of business at its meetings which shall be observed by the board, the terms and conditions of service of secretary and other officers and employees of the hoard, the manner in which the board shall review the functioning of a corporation and the service which the board shall render to a corporation, the o~her functions to be performed by the board, the matters subject to which payment of an amount determined by the central government sfiall be made by a corporation to the board, the form in which an application or appeal shall be made to a tribunal constituted under the proposed legislation and the fee which shall accompany such application or appeal, the matters subject to which a tribunal constituted under the proposed legislation shall have power to regulate its own procedure, the conditions and limitations subject to which costs may be awarded by any tribunal constituted under the proposed legislation, the form in which a report giving an account of its activities during the previous financial year shall be submitted by a corporation and the board to the central government and the terms and conditions of i work of the insurance agents of a corporation the power to make rules conferred by clause 6is includes power to give retrospective effect to the terms ~d conditions of service of the employees or the terms and conditions of work of insurance agents and to amend by way of addition, variation or repeal such terms and conditions of service or, work with retrospeptive effect, from a date not earlier than the date of commencement of the proposed legislation 3 clause 66 of the bill empowers every corporation established under the proposed legislation to make regulations, with the previous ~ipproval of the central government, by notification in the official gazette not inconsistent with the provisions of the proposed legislation and the rules made thereunder, to provide for all such residuary matters for which provision is expedient for the purpose of giving effect to the provisions of the proposed legislation these matters, inter alia, relate to the powers and functions of a corporation which may be delegated to the officers in charge of its divisional offices and branch offices, the nrethod of recruitment of employees and insurance agents, the manner in which the fund of a corporation shall be maintained, the maintenance of separate funds and accounts at divisional offices and branch offices, the jurisdiction of divisional offices and branch offices, the conduct of business at meetings of a corporation, the formation of committees of a corporation, the delegation of powers and functions to such committees and the conduct of business at meetings of such committees, the form and manner in which policies of life insurance may be issued and contracts may be executed, the classification of policies of life insurance for the purpose of declaring diftlerential bonuses wherever necessary, the manner in which and the intervals within which the accounta of divisional offices and branch offices ·may be inspected and their accounts audited, and the conditions subject to which any payment may be made by a corporation 4 as the matters with respect to which rules or regulations may be made under clause 65 or clause 66 pertain to matters of procedure or detail, the delegation of legislative power is of normal character 5 clause 67 of the bill provides the usual formula for laying of the said notifications, rules and regulations, as soon as they are made, before each house of parliament 6 clause 69 of the bill empowers the central government to remove by order, not inconsisten~ with the provisions of the bill any difficulty which may arise in giving effect to the provisions of the proposed legislation this is by way of abundant caution and for covering difficulties which i~ is not practicable to visualise at this stage it has, however, been provffiided that no such order shall be made after the expiry "f a period of two years from the commencement of the prop'jsed legislation it has also been provided that a copy of every such order made shall be laid before each house of parliament --- bill to provide with a view to the more effective realisation of the objectivei of nationalisation of life insurance business, for the dissolution of the life insurance corporation of india and for the establishment of a - number of corporations for the more efficient carrying on of the said business and for matters connected therewith or incidental thereto (shrt pranab kumar mukherjee, miniitet of finance) | Parliament_bills | bcdee830-edb5-577e-9f45-b8afcae38872 |
bill no 114 of 2018 the representation of the people (amendment) bill, 2018 by dr boora narsaiah goud, mp a billfurther to amend the representation of the people act, 1951be it enacted by parliament in the sixty-ninth year of the republic of india as follows :—short title and commencement43 of 19512 after section 29a of the representation of the people act, 1951, the following section shall be inserted, namely:—insertion of new section 29aa5de-registration of political party by the election commission"29aa notwithstanding anything contained in this act or any other law, bye-law, rule or order for the time being in force, if a political party violates the model code of conduct by broadcasting conspiracy theories, fake news, sponsored disinformation campaigns, illegal psychographics or micro-targeting by big data, data theft, data mining or analytics on social media platforms with an intent to influence the elections, the election commission shall de-register or withdraw recognition of such political party:10provided that prior to de-registration or withdrawal of recognition, the political party concerned shall be given a reasonable opportunity of being heard" statement of objects and reasonsthere are increasing concerns that social media is undermining democracy by broadcasting conspiracy theories, fake news and sponsored disinformation campaigns in a data-intensive society, winning an election might have less to do, with a candidate, political party or platform and more to do with buying and selling voters' data to hack democracy internet companies increasingly using data techniques to build detailed psychological profiles about voters that can be leveraged to deliver political advertisements and propagandapolitical parties are hiring private firms to map voter constituencies, tailor political messaging and shape electoral outcomes through data-driven profiling firms such as cambridge analytica have already worked with politicians in countries such as the united kingdom, the united states of america and kenya to monitor, suppress and even deliver outright lies to voters the strategic combination of big data analytics with computational propaganda and disinformation can distort political processes, spread skepticism and distrust, and interfere with a citizen's ability to make sound political decisions but powerful political parties are increasingly leveraging big data to manufacture consensus, manipulate public opinion and subvert democratic processeswe are dangerously unprepared to confront challenges at the intersection of individual privacy, social-media transparency and data-driven campaigning currently, no legislation covers the activity of political parties with respect to voter data the election commission (ec) has not take up this issue of data protection for regulatory scrutiny the ec has in the past issued guidelines to protect election integrity and restrained exit polls and also required candidates to disclose social media handles however, much more needs to be donethe bill, therefore, seeks to amend the representation of the people act, 1951 with a view to empower the election commission to deregister a political party found violating the model code of conduct by broadcasting conspiracy theories, fake news, sponsored disinformation campaigns, illegal psychographics and micro-targeting by big data, data theft, mining or analytics on social media platforms with an intent to influence the electionshence this billnew delhi;boora narsaiah goudmarch 28, 2018 lok sabha———— a billfurther to amend the representation of the people act, 1951————(dr boora narsaiah goud, mp)mgipmrnd—259ls(s3)—10-07-2018 | Parliament_bills | c4889df8-58ba-59fd-becd-0d6f0342f4a9 |
bill no 87 of 2009 the integrated child development services (regularisation) bill, 2009 byshri arjun meghwal, mp a billto provide for regularisation and universalisation of integrated child development services in the country and for matters connected therewith or incidental theretobe it enacted by parliament in the sixtieth year of the republic of india as follows:—1 (1) this act may be called the integrated child development services (regularisation)act, 2009short title, extent and commencement(2) it shall extend to the whole of indiadefinitions2 in this act, unless the context otherwise requires,—(a) "anganwadi centre" means a centre which shall be used for providingintegrated child development services by the appropriate government and includes all the existing centres being used for providing integrated child development services in the country;5(b) "appropriate government" means in the case of a state, the government ofthat state and in all other cases, the central government; and(c) "prescribed" means prescribed by rules made under this act103 on and from such date as the central government may, by notification in theofficial gazette appoint, the existing integrated child development services for overall development of children shall be deemed to be regularised and institutionalized under this act in such manner as may be prescribedregularisation and institutionalization of integrated childdevelopmentservices4 (1) the appropriate government shall establish adequate number of anganwadicentres in every settlement or village throughout the countrysetting up of adequate number of anganwadi centres15(2) the appropriate government shall make available land, building infrastructureand all basic facilities including nutritious meal, educational games, toys, stationery items, learning and writing material, television sets, computers and such material as required for the overall development of children and facility of pre-natal and post-natal care to infants and mothers at every anganwadi centre20(3) the appropriate government shall regulate the functioning of anganwadi centres,in such manner and through such bodies of local self government, as may be prescribed5 the 'anganwadi workers' and 'helpers' working in the existing anganwadi centresshall hereinafter be known as 'anganwadi teachers' and 'anganwadi assistants', respectivelyredesignation of anganwadi workers and helpers25setting up of national committee6 (1) the central government shall set up a committee to be known as the nationalcommittee for the welfare of persons working in anganwadi centres in such manner as may be prescribed(2) the national committee shall perform the following functions, namely:—(i) suggest measures to streamline the functioning of existing anganwadicentres;30(ii) identify areas where cases of malnutrition of children are reported andrecommend opening up of anganwadi centres in such areas;(iii) monitor the functioning of anganwadi centres;(iv) conduct foundation training course for anganwadi teachers and assistants;(v) fix working hours for anganwadi teachers and assistants;35(vi) prescribe the educational qualification and other criteria for recruiting thepersons as anganwadi teachers and assistants;(vii) recommend salary, allowances, over-time, honorarium, leave, providentfund and other benefits, including maternity benefits, for employees of anganwadi centres from time to time;40(viii) provide free health care to anganwadi teachers and assistants and theirminor children;(ix) provide insurance cover to anganwadi teachers and assistants; and(x) suggest any other measures for overall development of children and efficient functioning of anganwadi centresrelease of funds7 the central government shall, after due appropriation by parliament, release the necessary funds to the national committee for effective implementation of the act5power to remove difficulties8 if any difficulty arises in giving effect to the provisions of this act, the centralgovernment may, by order publish in the official gazette, make such provision, not inconsistent with the provisions of this act, as may appear to it to be necessary or expedient for removing such difficultypower to make rules109 (1) the central government may, by notification in the official gazette, make rulesfor carrying out the purposes of this act15(2) every rule made under this section shall be laid, as soon as may be after it is made,before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both the houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule statement of objects and reasonsthe rights of women and children and their aspirations are of paramount importance in our march towards an inclusive and equitable society keeping in view the constitutional provisions and in order to give greater focus to issues relating to women and children, it is necessary to invest more in the programmes meant for eradication of malnutrition and expansion of anganwadis it is a fact that the integrated child development services (icds) has grown by leaps and bounds with a wide range of activities being brought within its ambit and consequent expansion of the area of work of anganwadi workers and helpers and increasing their working hours there is no justification for their being treated as social and honorary workers with the paltry amount doled out to them as honorarium, especially when they have put in long years of service and the success of the scheme, which has been lauded by various agencies, is due to the hard work of the anganwadi workers and helpers these anganwadi workers are working in close relationship with the people and their services are being utilized by the respective state governments for a whole range of activities—be it survey, promotion of small saving schemes, group insurance or non-formal education despite this, their demand for seeking regularization and institutionalization of services is being brushed aside therefore, in recognition of their services, they need a better lot and improvement in their service conditions and remunerations there is also need of an effective system of supervision of anganwadi centresin view of the above, the bill seeks to provide for universalisation, regularization and institutionalization of integrated child development services for all-round development of children and expansion of anganwadi centres for effective implementation of the schemehence this billnew delhi;arjun meghwalaugust 6, 2009 financial memorandumclause 3 of the bill provides for regularisation and institutionalization of the integrated child development services by the central government clause 4 provides for setting up of adequate number of anganwadi centres with basic facilities in every settlement clause 6 provides for setting up of a national committee for the welfare of persons working in anganwadi centres clause 7 provides that the central government shall release necessary funds to the national committee for effective implementation of this bill the state governments will incur expenditure in respect of their states out of their respective consolidated funds for implementing the provisions of this bill 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 ten thousand crore per annuma non-recurring expenditure of about rupees one hundred 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 provisions 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 regularisation and universalisation of integrated child development services in the country and for matters connected therewith or incidental thereto————(shri arjun meghwal, mp) | Parliament_bills | 9af7402e-1c10-53e0-96c5-62a7c6a47f68 |
bill no 165 of 2014 the health insurance scheme bill, 2014 by shri mk raghavan, mp a billto provide for a comprehensive health insurance scheme for all citizens of the country and for matters connected therewithbe it enacted by parliament in the sixty-fifth year of the republic of india as follows:—1 (1) this act may be called the health insurance scheme act, 2014(2) it extends to the whole of indiashort title, extent and commencement(3) it shall come into force on such date as the central government may, by notification in the official gazette, appoint5definitions2 in this act, unless the context otherwise requires,—(a) "appropriate government" means in case of a state, the government of that state and in all other cases, the central government;(b) "beneficiary" means every citizen who has been issued health insurance card under section 4;(c) "person living below poverty line" includes a person whose income from all sources does not exceed rupees ten thousands per month;(d) "prescribed" means prescribed by rules made under the act; and (e) "scheme" means health insurance scheme framed under this act5 3 the central government shall formulate and implement a comprehensive health insurance scheme for all citizensformulation and implementation of comprehensive health insurance scheme4 (1) the central government shall designate an agency for issuing health insurance cards to all the citizens(2) every citizen shall be issued a health insurance card by the designated agencyhealth insurance cardto be issued toall the citizens10(3) the card issued under sub-section (1) shall contain such particulars of the beneficiary as may be prescribedpremium for health insurance5 every beneficiary, other than persons living below poverty line, shall be required topay such amount of premium towards health insurance as may be determined by the central government from time to time15provision of free health facilities6 (1) every beneficiary shall be entitled to health facilities free of cost from allhospitals, including privately owned hospitals as may be specified by the appropriate government from time to time(2) the free health facilities shall include:—(i) consultation; (ii) outpatient treatment;20(iii) diagnostic and laboratory services; (iv) indoor treatment; and (v) medicines25(3) no beneficiary shall be charged any amount for any health facility mentioned in sub-section (2) availed of by him in any hospital including privately owned hospitals specified under sub-section (1) by the appropriate government(4) if any beneficiary intends to avail extra facilities at hospital which are not covered under sub-section (2), he shall be required to pay for availing of such facilities307 (1) the central government shall enter into an agreement with all nationalizedinsurance companies for implementation of the provisions of this actagreement with nationalized insurance companies and private hospitals(2) the nationalized insurance companies shall enter into agreement with privately owned hospitals to provide health services to the beneficiaries covered under the health insurance scheme35(3) the nationalized insurance companies shall make payment to privately owned hospitals for providing health services to the beneficiaries covered under health insurance scheme at such rates as may be agreed upon by both the partiesrelease of funds408 the central government shall, by due appropriation made by parliament by law inthis behalf, provide in each financial year such sums of money to the state governments and nationalized insurance companies as it thinks necessary for implementation of the provisions of this actsurrender of health card9 if any beneficiary intends to surrender his health insurance card issued undersection 4, he shall inform in writing to such authority as may be designated for the purpose by the appropriate governmentinspection of hospitals10 (1) any nationalized insurance company which has entered into an agreement with private hospital under section 7, may either itself or through an agency designated in that behalf inspect privately owned hospitals from time to time to ensure that provisions of this act are complied with5(2) if any private hospital does not comply with the provisions of this act, the hospitalshall be liable to pay such compensation as may be prescribed in the agreement under section 7power to make rules11 (1) the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act1015(2) every rule under this act shall be laid, as soon as may be after it is made, beforeeach house of parliament, while it is in session, for 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 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 reasonsproper healthcare facilities at reasonable cost is not available to the majority of citizens in our country poor people are not in a position to afford hefty cost of treatment particularly at private hospitals with scarce resources, the state governments are also not able to provide healthcare facilities free of cost or at reasonable cost to all the citizens the cost of medical treatment including medicines is not within the reach of common man for treatment of critical illness, a lot of money is required poor people are left to die for want of money to meet their medical expenditure every year therefore, it is proposed to provide free healthcare facilities for all diseases to all citizens since government hospitals are not adequately equipped to provide healthcare facilities to all the citizens, private hospitals are also proposed to be roped in to provide healthcare facilities to themcitizens who opt to meet the expenditure of medical treatment from their own resources may be excluded from the purview of the act, if they make such a request to the designated agency of appropriate government under this actthe bill seeks to achieve the above objectivesnew delhi;m k raghavannovember 12, 2014 financial memorandumclause 3 provides for formulation and implementation of a comprehensive health insurance scheme by the central government clause 4 provides for health insurance card to be issued to all the citizens clause 6 provides for certain health facilities free of cost clause 8 provides for supply of funds to the state governments and nationalised insurance companies by the central government the bill, therefore if enacted, would involve expenditure from the consolidated fund of india it is estimated that an annual recurring expenditure to the tune of rupees fifty thousand crore is likely to be involveda non-recurring expenditure of about rupees fifty thousand crore is also likely to be involved memorandum regarding delegated legislationclause 11 of the bill empowers the central government to make rules for carrying out the purposes of this bill as the rules will relate to matters of detail only, the delegation of legislative power is of a normal character————— a billto provide for a comprehensive health insurance scheme for all citizens of the country and for matters connected therewith—————(shri mk raghavan, mp)gmgipmrnd—2761ls(s3)—03-12-2014 | Parliament_bills | 329a9f67-5aa1-5bfa-8164-5697643ab1cb |
(c) to collect samples of air, water and soil from the premises of industrial and other potential sources of pollution; (d) to investigate into and report on the alleged violations of the provision of this act on the basis of complaints lodged by individuals or bodies of individuals; (e) to take immediate remedial steps in cases of emergency" substitution of new section 5 for section 4 of the principal act, the following section shall be substituted, namely:— for section 4, appointment of officers and 10 "4, (1) the authority may appoint officers with such designations as it thinks fit for the purposes of this act and may entrust to them such of the powers and functions under this act as it may deem fit their powers and functions (2) the officers appointed under sub-section (7) shall be subject to the general control and direction of the authority" substitution of new section 6 for section 19 of the principal act, the following section shall be substituted, namely:— 15 for section 19 filing of suits "19 (z)-no court below the rank of a district court shall be empowered to decide disputes arising under this act (2) a case under this act may be filed either by an individual or a body of individuals directly or through the state environmental authority or by the authority 20itself, (3) on being approached by any individual or a body of individuals with a complaint against an alleged contravention of this act, the authority shall make a preliminary investigation into allegations, and if it is satisfied that a prima facie case exists, it shall file a case against the alleged polluter (4) the court shail, in deciding any matter under this act,— (') be assisted by at least two environmental experts to be made available by the state government; (ii) require the state authority to investigate into the matter and file the report thereof before it" statement of objects and reasonswith a view to effectively control environment pollution to the desired levels the environment (protection) act was enacted in 1986 this was in addition to the already existing laws to check the air and water pollution in the country but despite its best intentions and with a consistent supporting hand of the parliament, government has failed to effectively contain the environment pollution in the country the air of the national capital and other metropolitan cities has become polluted to the poisonous level resulting in various respiratory diseases such as bronchitis, asthma, sinus and even lung cancer according to a report, by the end of this century the city of delhi will become unfit for human habitation the air pollution goes unchecked despite stiff penalties provided in the motor vehicle act, 1989, though the air is generally polluted by motor vehicles other factors also contribute towards polluting the air such as factories, power houses emanating fly ash and smoke, household cooking, dhabas, restaurants, hotels smoking by citizens and ever increasing dust in the air similarly water is also being polluted by discharge of affluents from factories containing hazardous substances the municipalities turn the drains towards the rivers, citizens bathe, defacate and sometimes throw corpses and carcases in the rivers thereby polluting them to the worst level noise pollution is also becoming a nuisance in the country day by day thus the process of polluting the environment is unabated affecting even the wild life and the flora and fauna the government machinery is inadequate to implement the environmental laws but at the same time it is high time the public is made aware of the problems connected with environmental pollution the citizens should be involved in safeguarding individual and social interests in this bill an attempt has been made to suggest modifications in the environment (protection) act, 1986 with a view to make it more meaningful and effective by plugging certain loopholes in dealing with problems of environmental pollution in the country so that it may remain a safe place for habitation hence this bill suresh pachouri financial memorandumclause 3 of the bill provides that the central government may, if it considers necessary, constitute enforcement agencies for implementing the provisions of the environment (protection) act, 1986 clause 4 provides that the central government shall constitute national environmental quality agency and national environmental authority and regional offices of these machineries in every state the agency and the authority shall consist of | five and three members respectively, to be appointed by the central government it further provides that the agency would undertake research work, collect information, lay down | standards for the quality of environment and for emission or discharge of environmental pollution, preparation of manuals and codes in connection with environmental pollution it further provides for payment of compensation for loss of life injury to property or health of human beings due to environmental pollution clause 5 provides for appointment of officers by the authority the bill, therefore, if enacted, would involve expenditure from the consolidated fund of india an estimated annual recurring expenditure of rupees four crores is likely to be involved from the consolidated fund of india a non-recurring expenditure to the tune of rupees two crore is also likely to be involved annexure extracts from the environment (protection) act, 1986 (29 of 1986) 2 in this act, unless the context otherwise requires,—— definition (a) "environment" includes water, air and land and the inter-relationship which exists among and between water, air and land, and human beings, other living creatures, plants, micro-organism and property; (6) "environmental pollutant" means any solid, liquid or gaseous substance present in such concentration as may be, or tend to be injurious to environment; 3 (1) (2) in particular, and without prejudice to the generality of the provisions of sub- | power | of ||------------|----------|| central | || government | to || take | measures |section (7), such measures may inclide measures with respect to all or any of the following matters, namely:— | to ||--------------|| improve || environment |() co-ordination of actions by the state governments, officers and other authorities— (a) under this act, or the rules made thereunder; or (6) under any other law for the time being in force which is relatable to the objects of this act; (ii) planning and execution of a nation-wide programme for the prevention, control and abatement of environmental pollution; (iu) laying down standards for the quality of environment in its various aspects; (iv) laying down standards for emission or discharge of environmental pollutants from various sources whatsoever: provided that different standards for emission or discharge may be laid down under this clause from different sources having regard to the quality or composition of the emission or discharge of environmental pollutants from such sources; (v) restriction of areas in which any industries, operations or processes or class of industries, operations or processes shall! not be carried out or shall be carried out subject to certain safeguards; (vi) laying down procedures and safeguards for the prevention of accidents which may cause environmental pollution and remedial measures for such accidents; (vit) laying down procedures and safeguards for the handling of hazardous substances; (viii) examination of such manufacturing processes materials and substances as are likely to cause environmental pollution; (ix) carrying out and sponsoring investigations and research relating to problems of environmental pollution; (x) inspection of any premises, plant, equipment, machienry, manufacturing or other processes, materials or substances and giving, by order, of such directions to such authorities, officers or persons as it may consider necessary to take steps for the prevention, control and abatement of environmental pollution; (xi) establishment or recognition of environmental laboratories and institutes to carry out the functions entrusted to such environmental laboratories and institutes under this act; (xii) collection and dissemination of information in respect of matters relating to environmental pollution; (xiii) preparation of manuals, codes or guides relating to the prevention, control and abatement of environmental pollution; (xiv) such other matters as the central government deems necessary or expedient for the purpose of securing the effective implementation of the provisions of this act (3) the central government may, if it considers it necessary or expedient so to do for 'the purposes of this act, by order, published in the official gazette, constitute an authority or authorities by such name or names as may be specified in the order for the purpose of exercising and performing such of the powers and functions (including the power to issue directions under section 5) of the central government under this act and for taking measures with respect to such of the matters referred to in sub-section (2) as may be mentioned in the order and subject to the supervision and control of the central government and the provisions of such order, such authority or authorities may exercise the powers or perform the functions or take the measures so mentioned in the order as if such authority or authorities had been empowered by this act to exercise those powers or perform those functions or take such measures aiden ama aof officers and government may appoint officers with such designations as it thinks fit for the purposes of this act and may entrust to them such of the powers and functions under this act as it may their powers and functions deem fit (2) the officers appointed under sub-section (7) shall be subject to the general control and direction of the central government or if so directed by that government, also of the authority or authorities, if any, constituted under sub-section (3) of section 3 or of any other authority or officer | Parliament_bills | b1e88d80-af28-519e-b507-8d2095061846 |
' 6 "ay 1968 8ill n~ "·~2"! the west bengal appropriation (no2) bill, 1968 a billto authorise payment and appropriation of certain sums from andout of the consolidated fundaf the state of webt :bengatfcyf ·the services of the financial year 1968-69 be it enacted by parliament in the nineteenth year of the republic of india as follows:-1 this act may be called the west bengal appropriation (no 2) ~hort act 1968 ' title 2 f,rom and out of the consolidated fund of the state of west :::~e3~f59 bengal there may be paid and applied sums not exceeding those ape- r7,ooo ~ut' cified in column 3 of the schedule amounting in the aggregate [in- of the 14 of 19c:;, ~lusive of the su1ns specified in column 8 of the schedule to the west consoli-bengal appropriation (vote on accowllt} act, 1'968] to 't~ sum of dated 10 three hundred and thirty-three crores, fifty-nine lakhs and seventeen ~n:t~ thousand rupees towards defraying the ~lil charges 'wlrlch 'will of ~e~ e come in 'course of payment duting the financial year 196'8-69 in res- bengal peet of the services specified in column 2 of the scheauie for the 3i"f 1968 69 is 3 the sums authorised to be paid and applied from and out of approprithe consolidated fun4 of the state df' west-bengal by this act ation shall be appropriated for the se'rvices and purposes expressed in the schedule in relation to the said, year the schedule no sums not excee~inll 5 of vote services and purpolles total voted by charged on parliament the consolidated fund re 10 rso rs 1 taxes on income other than corporation tax 1,000 ladd revenue " other miscellaneous compen-illtioftl and assi,nmeutb 4,50,000 33,32,000 is 28,82,000 jpayment of compensation to landholders, etc, on the l aboutlon of the zamindari , system 350,00,000 state excile duties 1,000 3 84,68,000 20 4 taxes on vehicles 1,000 s sales tax 56,67,000 6 other taxes iild datlea 20,1)9,000 , stamps 20,52,000 20,52,000 8 rqlstratioll pees 60,72,000 2'5 9 intereat on debt and other obhgations - 60,00,000 10 appropriation for reduction or avoidance of debt 5,14,80,000 ii parjiament, state/union territory leaislature 0 30 48,<47000 47,73,000 74,000 i general administration 6,06·14,000 5,89,29,000 16,85,000 i admldistntion of justice 0 2,20,79,000 57,05,000 1,63,74,000 jails 2,15,41,000 2,15>41,000 poli« 25,000 18,21,71,000 3s i, 18,21,46,000 16 misce11adeous deparunenu-fire senteel 75,79,000 3,000 17 miac:dlaneoul departments-excluclin, fire services 0 18 scientific departments 77,000 40 77,000 19 education 44,00,60,000 44,0060,000 , medjcal 0 16,98,119,000 16,98,89,000 21 public health 0 8,48,96,000 i 8,48,96,000 -:------------:----------"---- -,-__--total 1----------------------1--------services and pnrposes sums not ~idi no of 5 vote voted by chalet: on parliament the ~ojid-ted f¥nd ri 1,000 { capital outlay on scheme ofl agriculture-agricuhure agricult ura improvement and research - - 36758,000 3,6758,000 agriculture-fisheries - 8061,000 8061,000 23 animal husbadry - 1,9504,000 1,9504000 {capital outlay on schemel of government trading-greater calcutta milk supply scheme - 1,20,10000 120,10000 2s indu8tries_indu8trics ~,2booo 20 26 capital outlay on industrial and economic development - 174,70000 co-operation l1,9908,000 industries -cottale indus-tries - 1 capital outlay on industrial and economic development-couale industries 28 industries-cinchona 30 r interest on debt and other o )li"ltions-community de-i velopmeut projects natioaal extension service and local development works community development projects, national extension service and local development works 29 capital outlay on other works-community ncyelopment projcc:tl, national extension service and local development worts 6~,66000 loanl for community deveiopm,nt projects national extension service and local development worta - - so loans and advances under community development l projects, nationa, extension\ service and local development works - 31•61000 labour add emplymedt - 4,5,3,11ocoo 30 -~---sums not excecdinb no of -----~-~ i ------vote ser,·ices and purposes votcdi by charged on ~e parliament consolidated total fund --------31 misqcuaneoul sodal add rs rs develo~lltal organiaatiods -wei ofscheduled:tribc;s add: ~ltel add other backward sses - i,s3,a4·,ooo sotiio 1,'3,39000 10 32 mis~llaneous social and de-vcloplqcntal orpni8ijion&-excludin, welfare of! $dleduled tribes and castes and is other backward clilles :i,47,9sooo ' 11'4>7;95,000 fm_r;vc,- 7,2iiss,ooo 7,al",ooo irriptiqn, navigation, nmbankment and drainage works (co~ercial) 8(,51,000 81,5 1,00(1 20 \ imp,; , n ; ti , embonkment and drainago:: works (non~commercial) ~,8'33000 s,ooo 3,8'38,000 i 33 11 capital outlay on multipur~ pose river schemes 2,54,00,000 2,'4,ogi,ooo 2s capital outlay on irripuoli) navi tion, embankment and drainaae works (cql1u1lercial) 4982,000 49,83900 30 capiul outlay on irription, navipuon embankment and drainaae works (no,commercial) 35,62000 3,,62,000 34 public works i5,59~" 1~4,0l» r,,7673-poo '933,qoo 3' capital· outlay on qreater calcutta [\cwlopment scheme 1,87,00,080 r;87 ,00000 {"""'" cokutta ~, " scheme 59,33,000 i 36 ports and pilotage 1't48,ooo i5t48,ooo 40 froid and wlter transport s~ ,8,~; 401000 6s,oq,ooo 1 cv'" 0tdiay roo<! 0it4 i 31 ater tranlport schemes 1050,000 1°50000 38 famine relief - 378,61,000, 378;68,qoo { ""'" iletbe-1,98,8;,000 ' ment benefit 4,os,ooo 2,02,88,000 39 p~ents of commuted alue, of pensions 5,~00id $tho i s;6~ 40 privy put!:es and allowulcq, of i indian rulers ; 1049000 ',49,000 41 ~cry and printinc 1,1a73ooo j 1,10,73000 so i 3 3 ----no sum not eaoeedina of service and purposes vote ~ ""-" on'" s ·ll'adtiinent coiiiiolided total funll ---rt rit, as, 43 forest 2,69,83,000 2,6983,000 :ancous expenditulc s,48l5 ,000 j1,oao s48,70,ooo, capital outay on other wor 578,80000 4tso,ho 5,83,30,000' 43 misccllane_-oijltributiont- 3,77j04q,ooo 9~"(j 3,86,80,000 {_o-o au 10 '" interest on debt and other obliationa-ejii)eildilure on displaced perlons 5,93,000 5,93,000 is miscellaneous -irrecoverable loans to displaccd persons written 011' miscellaneous-expenditure o~ 150,00,000 t ,50,00,000 4!i displaced persons 37ao5,oo0 3,72,05,000 30 capital outlayon other works -expenditure on displaced persons 5500,000 5,00,000 10,00,000 loans for displaced persons 1,6$,93,000 1,65,92,000 loan ii1d adyllllcct to 3s displaced persons 5000,000 50,110,000 46 pre-partition payments 1,000 1,000 41 ex=iture c:onnectikt with tbe ational emergency 3,87,115,000 3,87,8,,000 48 capital outla, on multipurpose 30 river schemes -damodar valley project 4,33,81,000 4,33,81,000 49 gapiqleut1~ on puwic,wqrks 1;06,9 1 jocdo ~,, ';09,6l1,000 so' capital outlay on- schebaes of governmert tradidj 5>4,,,1000 5,,,1,00 35 r perrnment debt 7,",41,0110 7;i'j ",';()('io 1 loon, r con""-' (exollldina - __ for· eo si mudity, dcyclopmcnt projects, etc, and displaced per-40 ions) , 3s6"';os;a' 2'ti9,05jo(1o·· i other loans sl,",oofj 53,85,000 sz loaps and advances by statel udion tarrbdtf go1iernmenta t 5,9436,000 i5,~ -- - 45 tarat 2,67,34,98,000 66,tl4,ij,ooo 3,33,59,17,000 this bill is introduced in pursuance of article 204 (1) cf the ccnstituticn and the prcclamaticn issued under article 356 cf the constituhcn in respect cf the state cf west bengal cn the 20th february, 1968 too prcvide for the apprcpriaticn cut cf the consclidated fund of the state cf west bengal cf the moneys required to meet the expenditure charged cn the consclidated fund of the state cf west bengal and the grants' made by the lok sabha for expenditure cf the gcvernment of west beneal fcr the financial year 1968-69 morarji desai president's recommendation under article 207 of the constitution of india[copy of letter no f3(17)-b/68, dated the 26th april, 1968 from shri mcrarji desai, deputy prime minister and minister of finance to the secretary, lok sabha, the president, having been informed of the subject matter of the proposed bill to authorise pa~ent and apprcpriation of certain sums from and out of the consolidated fund of the state of west bengal for the services of the financial year 1968-69 recommends under clauses (1) and (3) of article 207 of the, constitution of india read with the proclamation dated the 20th february, 1968 issued under article 356 of the constitution in respect of the state of west bengal, the introduction cf the west bengal apprcpriaticn (no2) bill, 1968 in the lok sabha and also the ccnsideration of the bill 2 the bill will be intrcduced in the lok sabha immedi~tely after the demands for grants for the expenditure of the government of wes1: bengal for the year 1968-69 have been voted , a bill to authorise payment and appropriation of certain sums from and out of the consolidated fund of th(~ state of west bengal for the services of the financial year 1968-69 (shri morar'ji desai, deputy prime minister and vinist" of finanu) | Parliament_bills | 37e65149-2521-54eb-aec8-5292d21baff8 |
bill no 70 of 2018 the rural labour (welfare) bill, 2018 by shri shrirang appa barne, mp a billto provide for the welfare measures to be undertaken by the state for the rural labouremployed in the agriculture sector and allied activities thereto and other ruraloccupations by establishing a welfare fund for such labour and for takingother measures to improve their living and working conditionsand for matters connected therewithbe it enacted by parliament in the sixty-ninth year of the republic of india as follows:—1 (1) this act may be called the rural labour (welfare) act, 2018(2) it extends to the whole of indiashort title, extent and commencement5(3) it shall come into force on such date, as the central government may, by notificationin the official gazette, appointdefinitions2 in this act, unless the context otherwise requires,—(a) "appropriate government" means in the case of a state, the government ofthat state and in other cases, the central government;(b) "committee" means the national rural labour welfare committee established under section 3;(c) "employer" includes cultivator, orchard owner, poultry farm owner, livestock rearer, agency society, food processing unit, crusher, oil or pulses mill or any such establishment located in any rural area which employs rural based labour;5(d) "fund" means the rural labour welfare fund established under section 5; (e) "prescribed" means prescribed by rules made under this act; and10(f) "rural labour" means any person residing in a village and engaged in any rural vocation such as agriculture, horticulture, sericulture, poultry, rearing of livestock including piggery, food processing, handicrafts, weaving or any such other occupation as a wage earner whether in cash or kind, for his livelihood and includes any person engaged through a contractor or engaged as a self employed person153 (1) the central government shall, as soon as may be, by notification in the official gazette, establish a committee to be known as the national rural labour welfare committee for carrying out the purposes of this actestablishment of the national rural labour welfare committee(2) the headquarter of the committee shall be at new delhi and the committee may establish offices at such other places in the country as it may deem necessary for carrying out the purposes of this act(3) the committee shall consist of—20(a) a union minister to be appointed by the central government in such manner as may be prescribed, chairperson ex-officio;(b) five members of parliament of whom three shall be from the house of the people and two from the council of states to be appointed by the presiding officers of the houses concerned, members, ex-officio;25(c) six representatives from the union ministry of labour, planning andfinance to be appointed by the central government in such manner as may be prescribed, members; and(d) seven members to be nominated by the governments of the states to be rotated amongst the states in alphabetical order30(4) the term of the office of chairperson, members of the committee and the procedure to be followed in the discharge of its functions shall be such as may be prescribed4 (1) the committee shall, as soon as may be, formulate a national policy for the betterment and welfare of the rural labourformulation of a natinoal policy for the welfare of rural labour35(2) the national policy so formulated under sub-section (1) shall be uniformlyimplemented throughout the country and the policy may incorporate provisions for uninterrupted work round the year, minimum remunerative wages, healthcare including maternity facilities, old age pension, compensation in case of accident and such other facilities as may be deemed necessary40establishment of rural labour welfare fund5 (1) the central government shall, with effect from such date as may be specifiedby notification in the official gazette in this behalf, establish for the purposes of this act, a fund to be called the rural labour welfare fund which shall be administered by the central government in such manner as may be prescribed45(2) the central government shall after due appropriation made by parliament bylaw in this behalf, credit to the fund in each financial year such sums of money as it considers necessary for carrying out the purposes of this act(3) the fund shall also consist of the moneys received from—(a) the government of the states as contributions, towards the fund;(b) the body corporates as donations; (c) financial institutions and other institutions, domestic and foreign ones asassistance; and(d) donations from the employers and general public and bodies5(4) the fund shall be utilized to promote the welfare measures for the rural labour which are necessary or expedient to do and in particular to defray the costs towards,—(i) improving educational facilities for the children of rural based labour; (ii) improving water supply for drinking and other purposes;10(iii) improving the standard of living and nutrition for families of rural basedlabour;(iv) amelioration of social condition of rural based labour; (v) providing housing and recreational facilities; (vi) providing medical facilities to the rural based labour and their families;15(vii) providing financial assistance in case of infirmity or disability due toaccident etc;(viii) old age pension to the rural based labour; and (ix) providing and improving the welfare measures included in the nationalpolicy and such other welfare measures as may be prescribed206 the central government may require a state government or union territoryadministration or a local authority or any employer to furnish for the purposes of this act, such information in such form and within such period as may be prescribedstate government, etc to furnish the requisite information257 notwithstanding anything contained in any other law for the time being in force, it shall be the duty of the appropriate government to ensure availability of work round the year to the rural labour through the employers or in such manner as that government may deem expedient or necessaryappropriate government to ensure avaliability of work round the year tothe rurallabourannual report308 the central government shall, after the inputs provided by the governments of the states and union territory administrations, submit an annual report, in such form and in such manner, as may be prescribed, of the administration of the fund and other welfare activities carried out under 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 as soon as it is received9 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 to supplement other lawspower to make rules10 (1) the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act3540(2) every rule made under this section shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both the houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule statement of objects and reasonsit is rightly said that india lives in villages because nearly eighty per cent of its population lives in the villages and mostly depends on agriculture and agro based occupations there are farms, orchards, poultry farms, livestock rearing farms where rural based labour are employed they work as weavers, small scale entrepreneurs, handicraft artisans, potters, cobblers, blacksmiths, etc there are millions of such agricultural, home based and other workers who are unorganized and remain exploited and poor throughout their lives and live in distress from generations together their wages and income are meagre and they do not get employment round the year as a result, they are poverty striken and remain neglected even by the state none of the welfare laws like the minimum wages act, 1948, the maternity benefit act, 1961, the payment of gratuity act, 1972 and the workmen compensation act, 1923 applies in case of unorganised rural labour during old, the rural labourers were not provided employment and therefore lacks money for food, medicines and clothes the rural labourers do not have round the year employment and in case of agricultural sector, they get employment which is dependent on monsoonin a welfare state, like ours, it is the duty of the state to introduce welfare measures for the have-nots like the rural based labour who remain unorganized and exploited hence, it is necessary to formulate a national welfare policy for the rural based labour and constitute a welfare fund for them to ameliorate their living conditions in pursuance of the said policy, the central and state governments will implement the welfare measures contained in that policy and defray the costs to the welfare fundhence this billnew delhi;shrirang appa barnefebruary 12, 2018 financial memorandumclause 3 of the bill provides for the establishment of a national rural labour welfare committee clause 4 provides for formulation of a national policy for the betterment and welfare of the rural labour clause 5 provides for the establishment of rural labour welfare fund for which the central government shall provide funds in each financial year the bill, if enacted, will involve expenditure from the consolidated fund of india it is estimated that a sum of rupees five thousand crore may involve as recurring expenditure per annuma non-recurring expenditure to the tune of rupees one thousand crore may also involve from the consolidated fund of india 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 details only, the delegation of legislative power is of normal character lok sabha———— a billto provide for the welfare measures to be undertaken by the state for the rural labouremployed in the agriculture sector and allied activities thereto and other ruraloccupations by establishing a welfare fund for such labour and for takingother measures to improve their living and working conditionsand for matters connected therewith————(shri shrirang appa barne, mp)mgipmrnd—4235ls(s3)—28-02-2018 | Parliament_bills | e6138075-03e3-53ba-866d-67eedf108205 |
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