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financial memorandumclause 3 of the bill provides for the constitution of such number of the national information bureau in each state and union territory, as may be considered necessary, by the central government clause 10 provides for the appointment of a secretary and such other officers and staff as may be considered necessary from time to time for efficient work of the bureau though there is provision for charging fees to meet the expenses involved in carrying out the purposes of the bill, yet the provisions when enacted and brought into operation would involve expenditure from the consolidated fund of india there is likely to be a non-recurring expenditure of approximately rupees ten crore and recurring expenditure of about rupees twenty crore per year memorandum regarding delegated legislationclause 11 of the bill empowers the central government to make rules for carrying out the purposes of the bill as the rules will relate to matters of detail only, the delegation of the legislative power is of a normal character : | Parliament_bills | bca534e6-701d-54b6-bd93-7268cd8e7732 |
the finance bill, 1969 arrangement of clauses chapter i pre1iminary1 short t1tle and commencement chapl'er ii raites 01' incojoo-tax2 income-tax: chapter iii lncomll-tax3 amendment of section 2 4 amendment of section 16-5 amendment of section 4oa 6 amendment of section soc 7 amendment of section 8oj 8 amendment of section sol· 9 insertion of new section 80mm 10 amendment of section sop 11 insertion of new section sora 1~ substitution of new section for section 208 13 amendment of section 209 14 amendment of section 210 15 amendment of section 211 16 amendment of section 212 17 amendment of section 213 18 amendment of section 215 19 amendment of section 216 20 amendment of section 217 21 amendment of section 218 22 substitution of new section for section 273 23 amendment of the fifth schedule chapter iv clal1szs24 amendment of act 27 of 1957 25 amendment of act 7 of 1964 chapter v indirect taxes26 amendment of act 32 of 1934 27 special duties of customs 28 regulatory duties of customs 29· amendment of act 1 of 1949 30 amendment of act 1 of 1944 31 special duties of excise on certain iooda 32 regulatory duties of excise 33 amendment of act 58 of 19s7 34 discontinuance of salt duty the first schedule the second schedule the fi~ance ~ill~' 1969 ,(as introd~ed in lok sabha) lr'i"";prrnt" wi'tn11ne number!! , 1 page 2, lrn~ 33,-for -read "schedule" ~ 2 page 9, line 16,'" for "exceeeds" read· "exoeeds" -- 3 page 12, line 35,-after n land" insert: ii n , 4 page 13, line 26,-" i, greater; , ~" tor 'read, ----,-5 page 15, line 20 -, for "su"l:>sti tuted t" read i,'substi t\l~d"f" -~ 6 page 15, line 30,-after itsta~fi'" ins~tt ii " ,: ,-7 page 15, line 31,-"bi-qos i n , for d~:rrds,n :r$ad 8 page 15, 11ne 35,-f tobacco-" - i read :' tobacco-" ' ~ , ~' - :~, ~ , page 16, line 6,-after "ad valorem"' for n ii, read it " , ~ :' ----f,~ , - f page' 16,-- six and a half per cent ad valorem";' ~ ~ "-; ' t o - !2!:" "11~~ 20 ~p ~"<u ' , , l"ii~stt, in or in ~etatlgn ~c) tpe manufacture ot "'hleh no prooess has been' c'arr"~ c)ri:·wlththe ,dd 'of pow~r or of st~ for heating ' "" , p 11 page 18, 1in~ 49,-after " fabrics" insert tt " f";' ' 12 page 20, line 7,-after "fabrics" omit n ii , , 13 page 21, line 3,-after "castings" insert " " , 14 page 21, line 20,-" , 2!fter "sixteen ppr cent" '~ert' '; ',',/,1::, i:, ; 15 page 22, 11ne 1,-after "for item" in'sert "no 37"," 16 page 22, 11ne 4,-'; " for -ii paisa" 17 page 22, 11nes 10 and 11,-for "advertisment'ti read '·'advertj;'sement" -~ 18 page 22, line 25,-, ~ iii ~ , , ; r ' _ , ' !e!,r it'gramoponps'',!!!!! i ',' gramo'phonea'~ 19 page 22, line 32,-after "s ty11" ; f~r '," ~"_:,read- , "_if, 20 page 22, lines 39 and 40,-after "packagttng"· ''insert-~1,'~ t 1 21 page 22, 11ne 45,-for ," ~ ,t ' , 'read' 'ii '1 -22 page 23, 11ne 21,-fo~' '"33'~:1/8''' reac} "33 1/3" 23 page 26, 11ne 21,-before "central' ~l~es:lf',r,~ad, ;'!~he''' , :;" ~ , ii!' i d" -- " ,page 28, line 41, ~ i, '; ",":;; i, ' ,'~'''':~~i~b':~ ~,,~),;~ : i'~' " 24 : (" -; ~ read "ra 220 and rs 240" p t o 25 page 32, line 33,-for "n" read "in" "'"---26 page 34, line 29,-before "coidputed'~': ~ "be" 27 page 36, line 13,-!2!: ii dependent10nlt '~ it depende rit on" 28 page 38, line 18,-!2!: "surcharge~' read ',--"surcharges" 29 page 38, line 39,-for -read ,"rate" ------ 30 page 39, line 16,-for read ,itcorpor'at1onn -31 page 39, line 22,-after "per cent" insert "of" 32 page 39, line 24,-after "per cent',' read '''of'' , ' ~ 33 page 39, line 31,-for "per cent" read "per cent;" 34 page 39, line 34,-for "per cent" read "per cent;" 35 page 39, line 36,-(1) after "of" read "the" insert (11) after "income" ti1t 36 page 42, line 34,-for nn , read " " - 37 page 45, line 11,-!2!: "exempted" read "exempt" 38 page 48, line 14,-for "new section" read "new sub-section" -p t 39 page 49, line 3,-for "33 -1/811 !!!2 1133 1/3" 40 page 49, line 32,-!9t "ef1ect" read " effect" 41 page 49, line 8 from bottom ,-tor "33 1/8"· read "33 1/3" 42 page 51, 11ne 13 from bottom,-before ii of" read "place" 43 page 56, l1ne 21,-after "secreta!'1 atll 1nsert "a"·' 44 page 56, line 23,-for "2 x:l 4,000" read -"2 x 14,000" 45 page 56, l1ne 9 from the bottom,-!2!: "cen ral" ~ "central" 46 page 56, line 3 from the bottom,-!!2! "contingence" ~ncontingencies" 4 7 correct line numbers at pages 12, 16, 18, 19, 21, 22, 26 and 34 new delhi; atr11 11, 1969 chal ra 21, 1891 (saka1 the finance bill, 1969(as introduced in lok sabha) - bill to give effect to the financial proposals of the cent7'al government for tm financial year 1969-70 be it enacted by parliament in the 1'-nentieth year of the republfe of india as follows:-chapter i pju!:liminaby5 1 (1) this act may be called the finance act, 1969 short title (2) save as otherwise provided in this act, sections 2 to 25 shall be andeomdeemed to have come into force on the 1st day of april, 1969 mence ment chapter n 10 z (1) subject to the provisions of sub-sections (z) and (3), tor the ineome assessment year commencing on the 1st day of a?ril, 1969, incom~talr to shall be charged at the rates specified in part i of the first schedule and, in the cases to which paragraphs a, b, c and d of that part appjy shall be incn!ased by 8 surcharge for purposes of the union and in the i, cues to which paragraph c applies, also by a special surcharge for purpoaee of the union, calculated in each emf' in tlw manner tn'ovfdecf therein 5 (2) in making any assessment for the assessment year commencing on the 1st day of april, 1969, where the total income of a company, other than the life lnsurance corporation of india established under the life insurance corporation act, 1956, includes any profits and gains from life insurance business, the income-tax payable by it shall be the aggregate of the income-tax calculated-(i) on the amount of profits and gains from life insurance business so included, at the rate applicable in the case of the life insurance corporation of india, in accortiance with paragraph e of part i of the first schedule, to that part of its total income which 10 consists of profits and gains from life insurance business; and (it) on the remaining part of its total income, at the rate applicable to the company on its total income (3) in cases to which chapter xn of the income-tax act, 1961 (here-43 of 1961 inafter referred to as the income-tax act) applies, the taxi chargeable 15 shall be determined as provided in that chapter, and with reference to the rates imposed by sub-section (1) or the rates as specified in that chapter, as the case may be (4) in calles in which tax has to be deducted under sections 193, 194, ina anti 195 of the income-tax act at the rates in force, the deduction 20 hall be made at the rates specified in part ii of the first schedule (5) in cases in which income-tax has to be calculated under the first proviso to sub-section (5) of section 132 of the income-tax act or charged under sub-section (4) of section 172 or sub-section (2) of section 174 or section 175 or sub-section (2) of section 176 of the said act or deducted 2s under section 192 of the said act from income chargeable under the head "salaries" or deducted under sub-section (9) of section 80e of the said act from any payment referred to in the said sub-section (9) 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 30 or, as the case may be uadvance tax" shall be socaleulated, charged, deducted or computed at the rate or rates specified in part iii of the l"irst scheduled (s) for the purposes of this section and the first schedule,-(cz) "company in which the public are substantially interested" 35 means a company which is such a company as is referred to in ,section 108 of the income-tax act; (b) ·'domestic company" means an indian company, or any other compsny which, in respect of its income liable to income-tax under the income-tax act for the assessment year commencing on 40 the 1st day of april, 1969, has made the prescribed arrangements for the declaration and payment within india of the dividendi (including dividends on preference shares) payable out of such income in aeeordance with the provisions of !l~ction 194 of that act; (e) "industrial company" means a company which is matnty45 engaged in the business of ge-neration or distribution of electrfclty' - ill, other form of power or in th€ con!ltruction 6f shipt or fil the 1l i~ tit !'letcz ta« f1t ~ f:1r in miai1\f " explanation-for the purposes of this clause, a company shall be deemed to be mainly engaged in the business of generation or distribution of electricity or any other form of power or in the construction of ships or in the manufacture pr processing of good 5 or in mining, if the income attributable to anyone or more of the aforesaiti activities included in its total income of the previous year (as computed before making any deduction under cha?ter via of the income-tax act) is not less than fifty-one per cent of such total income; 10 (d) "tax free security" means any security of the central government issued or declared to be income-tax free, or any security of a state government issued income-tax free, the income-tax whereon is payable by the state government; is (e) all other words and expressions used in this section and the first schedule but not defined in this sub-section and defined in the income-tax act shall have the meanings, respectively, assigned to them in that act chapter iii income-tax20 3 in section 20f the income-tax ~ct, in clause (18), for sub~lause amenoi (b), the following sub-clause shall be substituted with effect from the =~~1 1st day of april, 1970, namely:-1 of the '(b) if it is a company which is not a private company as defined in the companies act, 1956, and the conditions speclfted ~ither in item (a) or in item (b) are fulfilled, namely:-(a) shares in the company (not being shares entitled to a fixed rate of dividend whether with or without a further right to participate in profits) were, as on the last day of the relevant previous year, listed in a recognised stock exchange in india in accordance with the securities contracts (regulation) act, 1956, and any rules made thereunder; 41011df1s 35 (b) (i) share! in the company (not being shares entitled to a fixed rate of dividend whether with or without a further right to participate in profits) carrying not less than fifty per cent of the voting power have been allotted unconditionally to, or acquired unconditionally by and were throughout the relevant previous year beneficially held by-(a) the government, or (b) a corporation established by a central, state or provmcial act, or 45 (c) any company to which this clause applies or any subsidiary company of such company when' such subsidiary company fulfils the conditions laid down in clause (b) of section 108 (hereafter in this clause referred to as the subsidiary company), or (d) the public (not being a director, or a company 'ltl ~which this clause doe! not apply); (ii) the said shares were, during the relevant previoul!i year, freely transferable by the holder to the other members of the public; and (iii) the affairs of the company, or the shares carrying more than fifty per cent of its total voting power were at no time, 5 during the relevant previous year, controlled or held by five or less persons explanation i-in computing the number of five or lees persons aforesaid,-(i) the government or any corporation esta·blished by a 10 central, state or provincial act or a company to which thil!l clause applies or the subsidiary company of such company shall not be taken into account, and (ii) persons who are relatives of one another, and persons who are nominees of any other person together with is that other person, shall be treated as a single person explanation 2-in its application to an indian company whose business consists mainly in the construction of ships or in the manufacture or processing of goods or in mining or in the generation or distribution of electricity or any other form of ~o power, item (b) shall have effect as if for the words "not less than fifty per cent" and "more than fifty per cent", the words "not less than forty per cent" and "more than sixty per cent" had, respectively, been substituted;' 4 in section 16 of the income-tax act, in clause (iv) , for item (1), ~s the 'following item shall be substituted with effect from the 1st day of april, 1970, namely:-amendmentof section 18 (1) where the conveyance is a motor car and the amount of the salary due to the assessee in respect of the previous year-(a) does not exceed rs 25,000 rs 200; 30 (b) exceeds rs 25,000 rs 250;" amendmentof eection 40a 5 in section 40a of the income-tax act, after sub-section (b), the following sub-section shall be inserted, namely:-"(4) notwithstanding anything contained in any other law for the time being in force or in any contract, where any payment in 35 respect of any expenditure has to be made by a crossed cheque drawn on a bank or by a crossed bank draft in order' that such expenditure may not be disallowed as a deduction under sub-section (3), then the payment may be made by such cheque or draft; and where the payment is so made or tendered, no person shall be allow- 40 ed to raise, in any suit or other proceeding, a plea based on the ground that the payment was not made or tendered in cash or in any other manner" 8 in section soc of the income-tax act,-(4) in sub-section (2) ,-(i) in clau~ (a), for the words "on the life of the wife or amendmento! section 8oc husban~ of the assessee", wherever they occur, the words "on the life of the wife or husbl:md or any child of the assf!l!laee-' abalj be !ubstituted with @i'fect from tjle 1st day of april, 1970; (il) in clause (b), for the words "on the life of any malt! member of the family or of the wife of any sl1ch member", the words "on the life of any member of the family" shall be substituted with effect from the 1st day of april, 1970; 5 (iii) in the explanation at the end of clause (b), in clause (ti) , the brackets and words (being the assessee, or a male member of a hindu undivided family where such family is the assessee)" shall be omitted with effect from the 1st day of april, 1970; 10 (b) in 8u~section (4),-(i) in clause (i), the proviso shall be omitted; (it) in clause (ii), the brackets, words and letter" [including an author, playwright, artist, musician or actor, to whom the provisions of clause (i) do not apply]," shall ,be omitted 15 '1 in section 80j of the income-tax act,-amend-(a) in sub-section (4), in clause (vii), for the words "twenty- ment of three years", the words "twenty-eight years" shall be substituted; section boj (b) in sub-section (5), in clause (iii), for the words "twentythree years", the words "twenty-eight years" shall be substituted :ao 8 in section sol of the income-tax act, in sub-section (1), for the a:mendwords "five hundred rupees", wherever they occur, the worda "one thou- ment of &and rupees" shall be substituted with effect from the 1st day of april, :,cl~on 1970 ' i ( t after section 80m of the income-tax act, th~ followid& action ldiertion 25 ahall be inserted with effect from the lst day of april, lino, namely:-ofnew section 80mm 35 45 '80mm (1) where the gro§ total income of an assessee being ~d~an indian company includes any income 'by way of royalty, commis- :enm aion, fees or any other payment (not being income chargeable under of :nue the head "capital gains") received by it from any person carrying indian on a business in india in consideration forcompany in rea-<i> the provision of technical know-how which is likely to pect of assist in the manufacture or processing of goods or materials, or royalties, in the installation or erection of machinery or plant for such etc, ref , th ki f '1 ii ceived manu acture or processmg, or in e wor ng 0 a mine, 01 - we from or other source of mineral deposits, or in the search for or dis- any coilcovery or testing of, mineral deposits or the winning of access cern in to them, or in carrying out any operation relating to agriculture, india aniinal husbandry, dail'y or poultry fanning, forestry or fishing or \ ,': , (ii) rendering services in connection with the provision of such technical know-how, under an agreement entered into by the assessee with such perlion on or after the 1st day of april, 1969 and approved by the central government in this behalf before the 1st day of october of the relevant assessment year, there 1'hall be allowed a deduction from such income of an amount equal to forty per cent thereof, in computiftf the total ineome of the assessee (2) for the purposes of this section "provision of technical know-how" means,-(i) the transfer of all or any rights (including the grantmg of a licence) in respect of a patent, inve:ltion, model, design, secret formula or process' or similar property; s (ii) the imparting of any informa·tion concerning the working of, or the use of, a patent, invention, model, design, secret formula or process or similar property; (iii) the use of any patent, invention, model, design, secret formula or process or similar property; 10 (iv) the imparting of any information concerning industrial, commercial or scientific knowledge, experience or skill (3) the provisions of sub-section (1) shall not apply in relation to any income in respect of which the assessee is entitled to the deduction specified in section 800' 15 10 in section sop of the income-tax act,-amendmentof ",ction 80p, (a) in sub-section (2), in clause (c), for the words "fifteen thousand rupees", the words "twenty thousand rupees" shall be substituted with effect from the 1st day of april, 1970; (b) sub-section (4) shall be omitted with effect from the 1st day 30 of april, 1970 u after section 80r of the income-tax act, the following section shall be inserted with effect from the 1st day of april, 1970, namply:-imertion of new iictlon 8orr deduction in respect of profe"donal income from foreiln lourcei in certain cuel "80rr where the gross total income of an individual resident in india, being an author, playwright, artist, musician or actor, includes 2s any income derived by him in the exercise of his profession from the government of a foreign state or any person not resident in india, and such income is received in, or brought into, india by him or on his behalf in accordance with the foreign exchange regulation act, 1947, and any rules made thereunder, there shall be allowed a deduc- 3) 7 cd 1&'7 tion from such income of an amount equal to twenty-five per cent of the income so received or brought, in computing the total income of the individual" d for section 208 of the income-tax act, the following section shall be substituted, namely:-35 "208 (1) advance tax shall be payable during the financial year-: ~ f,t (a) where the total income, exclusive of capital gains," ot' the assessee, referred to in sub-clause (i) of clause (a) of section 209, ,exceeds the amount specified in sub-section (2), or 40 s'lbititutionof new nc-tionfor section 208 condi tionof uabwt7 to paj' advance tax (b) where it is payable by virtue of the provisions of subsection (3) of section 312 (2) the amount referred to in clause (4) of sub-section (1) shall ~ (4) in the case of a company or a local authority rs2,500; (b) in the case of a registered firm rs 30,000; 5 (c) in the case of a person other than a company, a local authority or a registered firm,- , " 10 (i) where such person was not resident in india durine the previous year referred to in sub-clause (i) of clause (4) of section 209 or such person being a person referretl to in sub-section (3) of section 212 is not likely to be resident in india during the previous year relevant to the asses;;ment year next following the financial year in which the advance tax is payable rs 5,000; (ii) in any other case rs 10,000" is l3 in section 209 01 the income-tax act,-amend-20 ment of (4) in clause (4), in sub-clause (iii), for the words "on any lection income, included in the said total income", the words anti brackets 20q "on any income (as computed before allowing any deductions admissible under this act) on which tax is requireti to be deducted under the said sections anti which has been taken into account in computing the said total income" shall be substituted; (b) in clause (c), after the word, brackets and figu~ "sub-jection (3) ", the wortis, brackets, figure ad letter "or ub-lection (3a)" shall be inserted 25 14 in section 210 of the income-tax act, in sub-section (3), for the am -words, figures and letters "before the 15th day of february of the financial ment 011 year", the words, brackets and figures "at any time before the chtte which ~ is fifteen days prior to the date on which the lut instalment of advance 3 tax is payable by the assessee under sub-section (1) of section 211" shall 30 be substituted 15 in section 211 of the income-tax act,-am -mentof be mctioll 211 (ii) for sub-section (1), the followine sulhlection shall substituted, namely:-3s '(1) subject to the provisions of this section and of section 2l2, advance tax shall be payable in three equal instalments on the following dates during the financial year, nam~y:-, (i) the 15th day of june, the 15th day of september and the 15th day of december, in the case of an assessee whoee total income to the extent of 75 per cent thereof or more 18 derived from a source or sources for w weh the pretious year (relevant to the as::essment year next following the financial year aforesaid) ends on or before the 31st day 01 december; 3821 (d) ls-2 - (ii) the 15th day of september, the 15th day of december and the 15th day of march, in any other case ezplanation -in this sub-section, "total income" means,--(a) in a case where ativance tax is paid by the assessee in accordance with an order of the income-tax officer under 5 section 210, the total income with reference to which the advance tax payable has been calculated in such order; (b) in a case where the advance tax is paid in accordance with an estimate matie by the assessee under section 212, the total income with reference to which the advance 10 tax is so estimated, as reduced, in either case, by the capital gains, if any, included therein'; (b) in sub-section (2), for the figures, letters and words "1st day of march" and "1st tiay of december", the figures, letters and words is u15th day of march" and "15th day of december" shall, respectively, be substituted 16 in section 212 of the income-tax act,-(a) for sub-section (1), the following sub-section shall be iubstitute~ namely:-20 "(1) if any assessee who is required to pay advance tax by an order untler section 210 estimates at any time before the last instalment of advance tax is due in his case that, by reason of his total income (exclusive of capital gains, if ariy) of the period which would be the previous year for the immediately following 25 assessment year (such total income b~ing, hereafter in this section, referred to as current income) being likely to be less than the income on which the advance tax payable by him under section 210 has been computet! or for any other reason, the advance tax payable by him would be less than the amount 30 which he is so required to pay, he may, at his option, send to the income-tax ofilcer an estimate of-(io) the current income, and (ii) the advance tax payable by him on the current income calculated in the manner laid down in section 209, 3s and shall pay such amount of advance tax as accords with his estimate in equal instalments on such of the dates applicable in his case under section 211 as have not expired, or in one sum if only the last of such dates has not expired"; (b) for sub-section (3), the following sub-sections shall be <10 subltituted, damely:-"(3) any person who has not previously been assessed by way of regular assessment under this act or under the in\:llan incom~tax act, 1922, shall, in each financial year, before the 11 of ih2 date on which the last instalment of advance tax is due in his 4s case under sub-section (1) of section 211, if his current ii1come is li~ely to exceed the amount specified in sub-section (2) of section 208, send to the income-tax officer an estimate 01-(i) the current income, an\:l 5 (iii) the advance tax payable by him on the current income calculated in the manner laid down in section 209 , and shall pay such amount of advance tax as accords with his estimate on such of the dates applicable in his case under section 211 as have not expired, by instalments which may be revised according to sub-section (2) 10 15 ao (3a) in the case of any assessee who is required to pay advance tax by an order under section 210, if, by reason of the current income being likely to be greater than the income on which the advance tax payable by him under section 210 has been computed or for any other reason, the amount of a\:ivance tax computed in the manner laid down in section 209 on the current income (which shall be estimated by the assessee) exceeeds the amount of advance tax demanded from him untier section 210 by more than 33 i per cent of the latter amount, he s\lall, at any time before the date on which the last instalment of advance tax is due from him, send to the income-tax officer an estimate of-(i) the current income, and 25 (ii) the advance tax payable by him on the cuitejlt income calculate\i in the manner laid down in section 209, and shall pay such amount of advance tax as accords with his estimate on such of the dates applicable in his case under section 211 as have not expired, by instalments which may be revised according to sub-section (2) " 17 in beetion 213 of the income-tax act, the word "quarterly" shall be amend-~j omitted ment of il section 213 18 in section 215 of the income-tax act,-amend 35 40 (a) for sub-section (1), the following sub-section shall be sub- mectnitot se on stituteti with effect from the 1st day of april, 1970, namely:-2111 "(1) where, in any flnandal year, an assessee has paid advance tax under section 212 on the basis of his own estimate, and the ativance tax so ppid is less than seventy-five per cent of the assessed tax, simple interest at the rate of nine per cent per annum from the 1st day of april next following the said financial year up to the date of the regular assessment shall be payable by the assessee upon the amount by which the advance tax so paid falls short of the assessed tax"; (b) in sub-section (2), in clause (ii) , for the words lithe said seventy-five per cent", the words "the assessed tax" shall be substituted with effect from the 1st day of april, 1970; 45 (c) after sub-section (4) the following sub-section shall be insf;!i1ed with effect from the 1st day of april, 1970, namely:-- (5) in this section and sections 217 and 273 "assesse\i tax" meftls ~h~ tax determined on the basis of the regular assessment (reduced by the amount of lax deductible in accordance with the provisions of sections 192 and 194, section 194a' and section 195) so far as such tax relates to income itubject to advance tax and so far as it is not tlue to variations in the rates of tax made by the finance act enacted for the year for which the regular 5 assessment is matle' 19 in section 216 of the income-tax act, for clause (a), the following clause shall be substituted with effect from the 1st day of april, 1970, namely:-aaeali-~tm mgtign 21 • "(a) under sub-section (1) or sub-section (2) or sub-section (3) 10 or sub-section (3a) of section 212 under-estimated the mivance tax payable by him and thereby reduced the amount payable in either of the first two instalments; or" 20 in section 217 of the income-tax act, for sub-section (1), the following sub-sections shan be substituted with effect from the 1st day of is april, 1970, namely:- amjm1- •• n,at 217"(1) where, on making the regular assessment, the income-tax oftlcer finds that any such person as is referreti to in sub-section (3) of section 212 has not sent the estimate referred to therein, simple interest at the rate of nine per cent per annum from the 1st day of 20 april next following the financial year in which the advance tax was payable in accordance with the said sub-section up to the date of the regular assessment shall be payable by the assessee upon the amount equal to the assessed tax as defined in sub-section (5) of section 215 2s (ia) where, on making the regular assessment, the income-tax 0filcer finds that any such person as is referred to in sub-section (3a) of section 212 has not sent the estimate referred to there1ri, simple interest at the rate of nine per cent per annum from the 1st day of· april next following the financial year in which the advance tax 30 wu payable in accordance with the said sub-section up to the date of the regular assessment shall be payable by the assessee upon the amount by which the advance tax paid by him falls short of the 8iiessed tax as defined in sub-section (5) of section 21509 - %1 in section 218 of the income-tax act, in sub-section (2), after the 35 word, brackets and figure "sub-section (3)", the words, brackets, figure and letter "or sub-section (3a)" shall be inserted amendmentof mdion si • '22 for section 273 of the income-tax act, the following section shall be substituted with effect from the 1st day of april, 1970, namely:-substitlltioa of newiieetion for section 1:13 "273 if the income-tax officer, in the course of any proceedings 40 in connection with the regular assessment for the assessment year commencing on the 1st day of april, 19'70 or any subsequent assessment year, is satisfied that any assessee-j'aise estimate of or failure to pay, advance tax· (a) has furnished untler section 212 an estimate of the advance tax payable by him which he knew or had reason to 4s believe to be untrue, or (b) has without reasonable cause failed to furnillh an timate of the advance tax payable by him in accordance with the provisions of sub -section (3) of section 212, or (e) has without reasonable cause failed to furnish an •• ti-s mate of the advance tax payable by him in accordance with the provisions of sub-section (3a) of section 212, he may direct that such person shall, in addition to th(' amount of tax, if any, payable by him, pay by way of penalty a sum-(i) which, in the case referred to in clause (4), shall not be lees than ten per cent but shall not exceed one and a half tim8 the amount by which the tax actually paid during the financial year immediately preceding the assessment year under the provisions of chapter xvii-c falls short of-is , , (1) seventy-five per cent of the assessed tax as deftned in sub-eection (5) of section 215, or (2) where a notice under section 210 wa!! ill!lued to the assessee, the amount payable thereunder, whichever is less; (il) which, in the case referred to in clause (b), shall not be less than ten per cent but shall not exceed one and a half times of seventy-five per cent of the assessed tax as defined in sub-section (5) of section 215; and (iii) which, in the case referred to in clause (e), shall not be less than ten per cent but shall not exc~ one and a half times the amount by which the tax payable under the notice issued to the assessee under section 210 falls short of seventy-flve per cent of the assessed tax as defined in sub-section (5) of section 215" amedcs-23 in the fifth schedule to the income-tax act, after item (31), the mentot 30 following items shall be inserted with effect from the 1st day of april, thej'fftb 1970, namely: _ schedule "(32) textiles (inch~ing those dyed printed or otherwise processed) made wholly or mainly of cotton, including cotton yam, hosiery and rope 3s (33) textiles (including those dyed, printed or otherwise processed) matie wholly or mainly of jute, including jute twine and jute rope" chaprer iv onmt dmrer taxili5 u in the wealth-tax act, 195'7 ~ am~ mento! elause shall be ad ~ or 1111'7 (4) in section !, for elause (e), the fo11owidg sawituted, namelr-'( e) "8fi8ets" includes property of every desaiption movable or immovable but does not ine1ude,-(1) in relation to the assessment year commenein,r on the lst day of april 1969 or any e8j'lier b!iismmient year-(i) agricultural land and growing crops, grail'! -standing trees on such land: (ii) any building owned or occupied by - cultivator qf, or receiver of real or revenue out of, apkuitunl land: provided that the building is on or in the immediate vicinity of the land and is a building which the cultiva- s· tor or the receiver of rent or revenue by reuoa of bii connection with the land requires as a dwelling-bouse - a store-house or an outhouse; ;, (iii) animals; r (i~) a right to any annuity in any case where the j 0 terms and conditions relating thereto preclude the commutation of any portion thereof into a lump sum rraat; (~) any interest in property where the interest is available to an assessee for a period not exeeedinc six y-n from the date the interest vests in the ajsesseej is (2) in relation to the assessment year cojdjdiedeidtf on the tt day of april, 19'toor any subsequent t yeai'--(i) animalsj (ii) a right to any annuity in any ease where the terms and conditions relatidg thereto preclude the com- 30 mutation of any portion thereof into a lmnp sudii grut; (iii) any idterest in property where the interest is available to an 1ul8es8ee for a period not exeeeding u years from the date the interest vests in the 88bessee;'; (b) id section 5, in sub-section (1),-(i) after dause (viii), the following clause shall be idmrted with etreet from the lit day of april, 1'70, na:mely:- (tniia) growing crops (including fruits on trees) on ilg'ri eultura1 land and grass on such landj"; (ii) fol' clause (ix) ajld the explanatio'n thereto, the follow- 30 ehniee ad explanation shal1 be substituted with etfect from the 1st day of april, 1ho, namely:- (ix) the tools,· implements and equipment used by the ameuee for the cultivation, conservation, improvement or maintenance of agricultural land or for the raising or har- 3s vesting of any agricultural or horticultural produce oil sueh land exptanation- for the purposes of this clause, tools,ppiements and equipment do not include any plant 01' machinery used in any tea or other pl~n~ation in connection with 40 the processing of any, agricultural produce or in the manufacture of any article from such produce:"; (c) in section 18, in sub-section (1), for clauses (i) and (a) the following clauses and explanation shall be substituted, namely:-5 10 '(i) in the cases referred to in clause (a), in addition to the amount of wealth-tax, if any, payable by him, a sum, for every month during which the default continu~, equal to one-bal1 per cent of the net wealth assessed under section 16 or, as the case may be, of the net wealth assessed under section 17 88 reduced by the net wealth, if any, assessed previously under section 16 or section 17, but not exceeding in the aggregate, an amount equal to the net wealth assessed under section 16 or, as the case may be, the net wealth assessed under section 17 as reduced as aforesaid; (ii) in the cases referred to in clause (b), in addition to the amount of wealth-tax payable by him, a sum which shall not be less than one per cent of the assessed net wealth but which shall not exc'eed the amou,nt of the assess~ net wealth 20 e~lanation-for the purposes of clause (ii), "assessed net wealth" shall' be taken to be the net wealth assessed under section 16 as reduced by the net wealth declared in the retm:n, if any, furnished by such person, or, as the case may' be, the' net wealth assessed under section 17 as reduced by-(i) the net wealth, if any, assessed previously under section 16 or section 17, or (ii) the net wealth declared in the return, ifany,'turhjiihed by such person under section 17, whichever is greater; 25 he companies (profits) surtax act, 1964, in the third schedule, ~ the proviso shall be omitted ment of - act 7 o~ 1984 chapter v in the indian tariff act, 1934 (hereinafter referred to as the tarlft ammd-a~) ~~ ~~ ,~u aflln (a) in section 2a,-35 (i) in the explanation below sub-section (1), for the words, brackets, figure and letter "in this sub-section and sub-section (la)", the words "in this section" shall be subaututed; (ii) for sulhiection (2), the following sub-section shall be substituted, namely:-ie (2) if the central government is satisfied that it is neceuary in the public interest to levy on any' mported article (whether on such article duty is leviable under subsection (1) or not], such additional duty as would counterbalance the excise duty leviable on any raw materials, components and ingredients of the same nature as, or tmilar to, s those used in the production or manufacture of such articltl, it may, by notltication in the official gazette, direct that such imported article shall, in addition, be liable to an additional duty representing such portion of the excise duty leviable on such raw materials, components and ingredients as, in either case, may be determined by rulea made by the central government in this behalf"; (b) the first schedule shall be amended in the manner specified in paris 1 and 11 of the second schedule special dutiea olcwi-toua 27 (1) in the case of goods chargeable with a duty of customs which 10 is specified in the first schedule to the tariff act, or in that schedule as amended by a subsequent central act, if any, or in that schedule read with any notification of the central government for the time being in force, there shall be levied and collected as an addition to, and in the lame manner as, the total amount so chargeable, a special duty of is customs equal to 10 per cent of such amount: provided that in computing the total amount so chargeable, any duty chargeable under section 2a of the tariff act or section 28 of this act shall not be included (2) sub-section (1) shall cease to have effect after the 31st day of 20 march, 1970, except as respects things done or omitted to be done before suc:h cesser; and section 6 of the general clauses act, 1897, shall apply 10 of 1, upon such cesser as if the said sub-section had then been re,ealed by a central act reaulatory duties of cumme 28 (1) with a view to regulating or bringing greater economy in ls imports, there shall be levied and collected, with eft'ect from such date, and at such rate, as may be specified in this behalf by the centr government by no~cation in the ofticial gazette, on all or any of the goods mentioned in the first 5chedule to the tari1f act or in that schedule 81 amended by a subsequent central act, if any, a regulatory duty of 30 customs not exceeding-(0) z5 per cent of the rate, if any, specified in the said first schedule read with auy notification issued udder section 3a, 01' subsection (1) of section 4, of the tari1j act; or (b) 10 per cent of thevalue of the goods as determined in &ceor- 35 dance with the provisions of section 14 of the customs act, 1962, 12 of 1" whichever is higher: provided that difterent dates and duferent rates may be specified by the central government for different kinds of goods (z) sub-section (1) shall cease to have effect after the 15th day of 40 may, 1970, except as xespects things done or omitted to be done before such cesser; and section 6 of the general clauses act, 1897, shall apply ef, upon such cesser if the said sub-section had then been repealed by a central act (3) the regulatory duty of customs leviable under this section in respect of any goods referred to in sub-section (1) shall be in addition to any other duty of customs chargeable on such goods under the customs act, 1962 1201 1962 152 of 1962 5 (4) the provisions of the customs ,act, 1962, and the rules and regulations made thereunder, including those relating to refunds and exemptions from duties, shall, as far as may be, apply in relation to the levy and collection of tt e regulatory duty of customs leviable under this section in respect of any goods as they apply in relation to the levy and 10 collection of the duties of customs on such goods under that act or those rules and regulations (5) every notification issued under sub-section (1) shall, as soon as may be after it is issued, be placed before each house of parliament 29 in the indian tariff (amendment) act, 1949, in sections 4 and 5, amend-is for the figures "1969", the figures "1970" shall be substituted ment of act i of 19d 30 in the central excises and salt act, 1944 (hereidafter rpferred to amendas the central excises act), in the first schedule,-ment of act i of 1944 (i) in item no1, for the entries in the third eo1umn apidt sub·items (1) and (2), the entries "nineteen per eant ad vabrem'" 20 and "ten per cent ad valorem" shall, respectively, be substituted! (ii) in item no la, in the entry in the second column apinat sub-item (2), after the word "chocolates", the words "in bulk \01'" shall be inserted; (iii) after item no la, the following item shall be inserted, 35 namely:- "lb prepared or preserved foods put ten per cedt up in unit containers and ordi- ad valorem"; narily intended for sale, includ- ing preparations of vegetables 30 fruit, milk, cereals, flour, starch birds, eggs, meat, mbat offal8, animal blood, fish, crustaceans or molluscs, not elsewhere speci- fied3s (iv) in item no4, under "n manufacturld tobacco-", for tba entry in the third column against sub·item (2), the entry "om hundred and twmty-five per cent ad valorem" shall be substituted; (v) in item no6, for the entry in the third column, the -tr)' "six hul1dred alld twenty rupees per kiloutre at fifteed dern- 01 40 centigrade thermometer" shall be substituted; (vi) in item no 13, for the entry in the third column, the entry "ten per cent ad valorem" shall be substituted; (vii) in item no 14a, for the entry in the thfrd eo'1iiiui, the lfutry "five per cent ad valorem" shajj be substituted; 3321 (b)ls-3 (viii) for item no 14b, the following item shall be substituted, namely:-"14b caustic soda, whether in a solid form or in lye five per cent ad valorem" ; (ix) in item no 14bb, for tbe entry in the third column, the s entry "twenty-five per cent: ad valorem," shall be substituted; (x) &:iter item no 14h, the following item shall be inserted, namely:- !~ ten per cent ad valorem " ; 10 "14hh fertilisers, all sorts, but excluding natural animal or vegetable fertilisers when not chemically treated (xi) in item no 15,-(i) for the entries in tbe third column against suh·items 1(1) and 1(2), the entries "six and a half per cent ad valorem" and is "nine and a half per cent ad valorem" shall, respectively, be substituted; (ii) for sub-item ii, the following sub·item shall be substituted, namely:-uji soap in or in relation to the manufacture of which six and a half per no process has been carried on with the aid cent ad 20 of power or of steam for heating valorem"; (xii) for item no 19, the following item shall be substituted, namely:- '19 cotton fabrics-"cotton fabrics" means all varieties of fabrics manufactured either wholly or partly from cotton and includes dhoties, sarees,chadders, bed-sheets, bed-spreads, counterpanes, table· cloths, embroidery in the piece, in strips or in motifs and fabrics impregnated or coated with preparations 30 of cellulose derivatives or of other artificial plastic materials "at does not include any such fabric if it contains-(f) 40 per cent or more by weight of wool; (ii) 40 per cent or more by weight of silk; or (iii) 60 per cent or more by weight of rayon dr ~s htificial silk: provided that in the case of embroidery in the piece, in strips or in motifs and fabrics impregnated or coated with preparations of cellulo!>e del"h'atives or of other arti6cial plastic materials the perc~ntages referred to in (i) to (iii) 40 above shall be in relation to the b'lse fabrics which are· embroidered or impregnnted or coated, as the case may bel cotton fabrics other than u) embroidery in the piece, in strips or in motifs, and (ii) fabrics imprepated or coated with preparations of cellulose derivatives or of other artificial plastic materials,-5 twelve ~ half per cent ad valo rem jg (1) coating, suiting, tussors, corduroy, gaberdine, bed-ford, satin, denim, lappet, lace, knitted fabric, tapestry, furnishing fabric including jacquard curtain cloth, gadlapet, mattress fabric, terry towel including turkish towel, terry towelling cloth including turkish towelling cloth, blanket, canvas, duck, filter cloth, tracing cloth and bukram cloth (2) others-is 2s 3s 45 50 (a) cotton fabrics, super finethat is to say, fabrics in which the eighty paile average count of yard is 48s or per iquaft more metre (b) cotton fabrics, finethat is to say, fabrics in which bighty paise the average count of yarn is 3ss per iquare or more but is less than 48s metre (c) cotton fabrics, medium-a-that is to say, fabrics in which sixty paise the average count of yarn is 26s per square or more but is less than 3si metre (d) cotton fabrics, medium-b-that is to say, fabrics in which sixty paise the average count of yarn is 17s per square or more but is ie •• than 26 metre (e) cotton fabrics, coarsethat is to say, fabric in which sixty paise the average count of yarn is per square less than 17s metre (f) cotton fabrics, not eighty paise otherwise peclfied per square metre d embroidery, in the piece, in the duty for strips or in motifs, in or in relation the time being to the manufacture of which any leviable on the process is ordinarily carried on with bale fabrics, the aid of power if not already paid, plus twenty per cent ad valorem m cotton fabrics impregnated the duty for or coated with preparations of the time being cellulose derivatives or of other artfleviable on the tidal platic material bae fabric, if not already paid, plus twenty-five per cent ad f)%rem explanation i-"base fabrics" means fabrics faj1id6 under sub-item i of this item which an bjeded to the process of embroidery or which are imp ted or coated with preparations of cellulose derivatives or of other plastic materials explanation ii-"count" means count of grey yarn explanation til-for the purpose of determininl the average count of' yarn, the following rules shall apply, 5 dajdely:-(a) yarn used in the borders or selvedges shau be ignored; (b) for multiple-fold yam, the count of the basie single yam shall be taken and the number of ends 10 per 254 millimetres in the reed or the number of picks per 254 millimetres, as the case may be, shall be multiplied by the number of plies in the yard; (c) in the case of fabrics manufactured from cotton and other yarns, the other yarns, shall, for is the aforesaid purpose, be deemed to be cotton yam; (d) the average count shah be obtained by apply ing the following formula, namely:-"(count of warp x number of ends per 254 millimetres in the reed)+ (count for weft x number of picks per 254 millimetres) jo (number of ends per 254 millimetres in the reed)+(nwnber of picks per zs4 millimetres), the result being rounded off, whel'ever necessary, by treating any fraction whic'h is one-half or more as one, _ and disregarding any fraction which is less than one 25 half"'; (%iii) for item no 20, the following item shall be substituted, umely:-'20 silk fabrics-"silk fabrics" means all varieties of fabrics manufactur- 30 ed either wholly or partly from silk and includes embroidery in the piece, in strips or in motifs but does not include any such fabric-(i) if it contains 40 per cent or more by weight of wool,' (ii) if it contains cotton or artificial silk or both and less 35 than 40 per cent by weight of silk; (iii) if it contains no cotton and no artificial silk and less thad 40 per cent by weight of silk; or {iv) if manufactured on a handloom: provided that in the case of embroidery in the piece, in 40 strips or in motifs, the percentages referred to in (i) to (iv) above shall be in relation to the base fabrics which are embroidered-(i) snk fabrice, other than embroidery in the piece, in strip or in motifs (2) bmbroidery, in the piece, in strips or in motifs, in or in reladon to the manufacture ofwhlch any procell is ordlneroy carried on with the aid of power ready paid, plus twenty per c:eat ~ fjalor"" explanation-"base fabrics" means fabrics falling under sub-item (1) of this item which are subjected to the protess of embroidery '; (xiv) for item no 21, the following item shall be substituted, 5 namely:- '21 woollen fabrics-10 "woollen fabrics" means all varieties of fabrics manufactured wholly of wool or which contain 40 per cent or more by weight of wool and includes blankets, lobis, rugs, shawls and embroidery in the piece, in strips or in motifs: provided that in the case of embroidery in the piece, in strips or in motifs, the percentage referred to above shall be in relation to the base fabrics which are embl!oidered-(i) woollen fabrics, other than sis and a quarter embroidery in the piece, in strips per cent ad valorem or in motifs (2) embroidery, in the piece, in strips or in motifs, in or in relation to the manufacture of which any process is ordinarily carried on with the aid of power the duty for 1jae time beidi leviable on the bale (abriq, if not alreaci, paid, plus twedty per cent ad valorem explanation -"base fabrics" means fabrics falling under sub-item (1) of this item which are subjected to the process of embroidery '; (xv) for item no 22, the following item shall be substituted, iuujlit'ly:- '22 rayon or artificial silk fabrics-"rayon or artificial silk fabrics" meads all varieties of fabrics manufactured either wholly or partly from rayon or artificial silk and includes embroidery in the piece, in strip or in motifs and fabrics impregnated or coated with prep8l'&-tioo8 of cellulose derivatives or of other artificial plastic materials, but does not include any such fabrie-35 (i) if it contains 40 per cent or more by weight of wool; (ii) if it contains 40 per cent or more by weight of silk; (iii) if it contains cotton and less than 60 per cent by weight of rayon or artificial silk; or 40 (iv) if it contains no cotton and less than 40 per cedt by weight of wool and less than 40 per cent by weieht of rayoll or artificial iilik: provided that in the case of embroidery in the piece, hi strips or in motifs and fabrics impregnated or coated with preparations of cellulose derivatives or of other artificial plastic materials, the percentages referred to in (i) to (iv) above shall be in relation to the base fabrics which are em-s broidered or impregnated or coated, as the case may be-seven paise pe r square metre (i) rayon or artificial silk fabrics, other than (i) embroidery in the piece, , in su'ips or in motifs, and (ii) fabrics impregnated or coated with preparations of cellulose derivatives or of other artificial plastic materials (2) embroidery, in the piece, in strips or in motifs, in or in relation -to the mlldulacture of which any process is ordinarily carried on with the aid of power the duty for the time being levibj~ on tile base fabrics, 15 if not already paid, plus twenty per cent ad valorem (3) fabrics impregnated or coated the duty for the with preparations of cellulose derivattime being levlable :ao ives or of other artificial plastic on the base fabrics, materials if not already paid, plus twentyfive per cent ad valorem explanation -"base fabrics" me8jls fabrics fallina' under sub-item (1) of this item which are subjected to the process of embroidery or which are impregnated or coated with preparations of cellulose derivatives or of other plastic materials'; (xvi) in iteml no 22a, for the entries in the third column against 30 lilb-items (i) and (ii), the entries "five hundred and fifty rupees per metric tonne" and "three hundred and fifty rupees per metric tonne!' ahall, respectively, be substituted; (xvii) for item no 22b, the following item shall be substituted, diuile1y:-35 22b textile fabrics impregnated tweuty-ftvepercent or coated with preparations of ad valotbm"; cellulose derivatives or of other artificial plastic ma te-rials not elsewhere specified 40 (xviii) item no 22c shall be omitted; (xix) in item no 23, for the entry in the third column, the entry "twenty-one per cent ad vatorem" shall be substituted; (xx) in item no 26a, after sub-item (1), the followia, sub-item shall be inserted, namely:-45 "cia) wire bars, wire rods and castings, not otherwise specified one thousand ildd five hundred rupees per metric tolllle" ; (~xi) id item no 27, after sub-item (a), the followiq sub-item shall be inserted, namely:-"(aa) wire bars, wire rods and castings nine hundred ad not otherwise specified fift, rrupeea per metric toildeit ; s(xxii) after item· no 30, the following item shall be inserted, jwiiiely:-twenty per cent ad f)qlorem t, ; 10 "30a power driven pumps (including motor pumps, turbo pumps and monobloc pump sets) for liquids, whether or not fitted with measuring devices (zriii) in item no 32-(i) for sub-item (1), the following sub-item shall be substi· 15 tuted, namely:-"(i) vacuum and gas-filled bulbs eleven per cut ad 'valorem "; (ii) for the entries in the third column against sub-items (2), (3) and (4) the entrees "twenty-two per ('ent ad valorem", "six per cent ad valorem" and "sixteen per cent ad valo1'em" shall, respectively, be substituted; (xxiv) for item no 33, the following item shall be substituted, ~ely:-25 "33 electric fans, including air circulators but excluding those which are designed for use in an industrial system ils parts indispensable for its operation and have been given for that purpose some special shape or quality which would not be essential for their use for ani, other purpose-30 | sis: | per | cent ||--------------|--------|------------|| ad | | || valorem | | || (i) | | || table, | cabin, | carriage, || and | air | circulator || 40" | | || centimetres | | || (2) | | || all | | || other | fans | |bight and a half per cent ad fjaiorem"; (xx'v) after item no 33b, the following item shall be inserted, namely:-'33c domestic electrical appliances, not elsewhere specified ten per cent qd fjq!orem 0 explanation i-"domestic electrical appliances" means electrical appliances normahy used in the household and similar appliances used in hotels, restaurants, bostels, offices, educatignal institutions, hospitals, train kitchens, aircraft or ships' pantries, canteens, tailoring establishments, laundry shops and hair dressing saloons explanation ijl-lntercltangcllble parts or auxiliary devices aceompanying no appliance to make it sujtable for various pur)jqselt shall be assessed to du~y along with the appliance'; (=vi) for item ' the following item shall be substituted, namely:- "37 cinematograph films-i unexposed two paisa per metro 5 d exposed or a width of 30 mm below 30 mm or higher in width thirty paise per (i) news-reels and shorts not acceding 500 metres fifty paise per metre metre 10 (3) feature films, adver-one rupee and fifty one nape per tlsment shorts, and films not paise per metre metre"; otherwise specified (xxvii) for item no 37a, the following item shall be substituted, aune1y:-is "37a gramophones, including record players, record playing decks and record changer decks, whether mechanically or electrically driven, with or without an in· built system of sound re-production or amplification (acoustic, electro· 20 nie or transistorised), and parts and accessor-ies thereof not flsewhere specified, and gramo-phone records, all sorts-(i) gramophones, record players, record twenty per cent playing decks or record changer decks ad valorem 2s (ii) parts and accessories of gramopones, thirty per cent record players, record playing decks or record ad f)alorem changer deckl (iii) gramophone other tham matrices records, all sorts, fifteen per cent ad valorem (iv) matrices for records, impressed thirty per cent 30 ad valorem (v) gramophone needles or styli (a) wholly made of steel twenty per cent ad valorem 3! (b) others twenty-five per cent ad valorem " ; (:r:zviii) after item no 41, the following items shall be inserted, juui1ely:-one paisa each 40 "42 pilfer proof caps for pack-aging all sorts, with or witiiout washers or other fitiings of cork rubbbr, polyethylbne or any other material ,,3 wool tops five rupees per kilogram" ; 31 (1) when goods of the description mentioned in this section chargeable with a duty of excise under the central excises act (as amended by this act or any subsequent central act) read with any notification for the time being in force issued by the central government in relation 5 to the duty so chargeable, are assessed to duty, there shall be levieti and collected-(a) as respects goods comprised in items nos 6, 8, 9, 140, 22a, 23a except sub-item (1) thereof, 23b, 28, 29, sub-items (2) and (3) of item no 31 and item no 32 of the first schedule to the central co excises act, a special \iuty of excise equal to 10 per cent of the total amount so chargeable on such goods; (b) as respects goods comprised in items nos 2, 3 (1), sub-items i, ii (2) and ii (3) of item no4, items nos 13, 14, 14f, 15, 15a, 15b, 16, 16a, 17, 18a (2), 21, 22, 23, 23a (1), 27, 30, 31 (1), 33, sub-item is (1), (3a) and (4) of item no 34 and sub-items ii (1) and n (2) of item no 37 of that schedule, a special duty of excise equal to 20 per cent of the total amount so chargeable on such goot:ls; and (c) as respects goods comprised in sub-item li(!) of item no4 and ltems nos 18, 18a(1), l8b, 20, 29a, 33a and sub-itl:ms (2) and (3) of item no 34 of that schedule a special duty of excise equal to 33l per cent of the total amount so chargeable on such goods (2) sub-section (1) shall cease to have effect after the 311t day 01 march, 1970, except as respects things done or omitted to be done before 10 c)f 1~1 ncb cesser; and section 6 of the general clauses act 1897, shall appl1 as upon such cesser as if the said sub-section had then been repealed by - central act (3) the duties of excise referred to in sub-section (1) in reapect of the goods specified therein shall be in adtiition to the duties of exciae chargeable on such goods under the central excises act or any other 30 law for the time being in foree and such speelal duttea ihail be levied tor purposes of the union and the proceetll! thereof shall not be distributed among the states (4) the provisions of the central excises act and the rules made thereunder ineluding those relating to refunds and exemptions from 35 duties, shall, as far as may be, apply in relation to the levy ami collection of the duties of excise leviable under this section in respect of any goodi u they apply in relation to the levy and collection of duties of exciae on such goods under that act or those rules 31 (1) with a view to regulating or bringing greater economy in con-,0 lumption, there shall be levied ami collected with effect from such date, and at such rate as may be specifted in this behah by the central government by notiftcation in the oftleial gazette, on all or any of the goods mentioned in the first schedule to the central exciaes act as amended by this act or any subsequent central act, a refu1atory duty of excue 45 which shall not exceed 1& per cent of the value of the goods tletermjneel in accordance with the provfmons of section " of the central hcfse8 aet: 3321 (b)ls-4 ~ovided that di1ferent dates and different ra~smay be specified by thp central government for tiifterent kinds of goods (2) sub-section (1) shall cease to have effect after the 15th day of may, 1979 ~ept as respects things done or omitted to be done detore ,such cesser; and section 6 of the general clauses act, 1897, shall apply upon 5 10 0( 1897 such cesser as if the said sub-section had then been repealed, by a central act' '(3) the duties of excise referreti to in sub-section (1) in respect of 'the goods specified therein shall be in addition to the duti~ of excise chargeable on such goods under the central excises act or any other 10 law for the time being in force and such regulatory d,uties shall be levied for purposes of the union and the proceeds thereof shall not be distributed among the states (4) the provisions of the central excises act and the rules made thereunder, inclutling those relating to refunds and exemptiowl from 15 duties, shall, as far as may be, apply in relation to the levy and collee-,tion of the regulatory duties of excise leviable under this section in respect of any goods as they apply in relation to the levy and collection of ,the duties of excise on such goods un~r that act or those rules (5) every notification issued under sub-section (1) shall, as soon as 20 may be after it is issued, be placed before each house of parllament 33 in the first, schedule to the additional duties of exdse (goods of :speclalllllportance) act, 1957,~ amendof 1951 (i) in item no1, for the entry in the third column, the entry "four percent ad valorem" shall be substituted; 25 '(u~"ifor"~ 'no:' '19; the following item shall be substituted, natne1y:-" "19 co'm'on fabrics-i cott6n fabrics other than (i}~~roidery, in the rie~e, in strips or in motif's~ '$n9 (ii) fabrics 30 irnpr~~~ted or "coate ,i twith p~parationsof cell~lose derivatives or of other artificial plastic materials,-twa and' a half per cent dd,valonm 3$ '('1)'1 ceetmg, suitihg, twison, <:orduroy, 8\lberdialebed :ford, satin, denim lappet, laccl !qutted, fabric, ~, fumish~ in's fabric, incb,lding jacquard c'w'tjlm cloth~' gadlapet, mattress fabric, terry ',' 40 towet'~uding turkish towel,~ terry towelling cloth ,including turkish, towelling clo~ "b~t canv~", d~~" rulclr cloth, tracing cloth, and bulaam cloth (2) others-(a) cotton fabrics, superfine is's p~ per square metre (b) cotton fabrics, fine 9'6 paise per square metre s (c) cotton fabrics, mediwn-a 4'8 paise per square metre (d) cotton fabrics, medium-b 4'8 paise per square metre 10 (e) cotton fabrics, coarse 3' 6 paise per square metre (j) cotton fabrics not otherwise specified is's paise square metre per is ii embroidery, in the piece, in strips or in motifs, in or in relation to the manufacture of which any process is ordinarily carried on with the aid of power the duty for the time being leviable on the base fabrics ifnot already paid 20 iii cotton fabrics impregnated or coated with preparations of cellulose derivatives or of other artificial plastic materials the duty for the time being leviable on the base fabrics • if not already paid 'f f (iii) for item no 20, the following item shall be substituted, namely:- "20 silk fabrics-(i) silk fabrics, other than thirty paise per embroidery in the piece, in strips or sq uare metre in motifs the duty for the time being leviable on the base fabrics, if not already paid~ "; 30 (2) embroidery, in the piece, in strips or in motifs, in or in relation to the manufacture of which any process is ordinarily carried on with the aid of power (if) for item no 21, the following item shall be substi~te(l, name1y:- "21 woollen fabrics-3s (i)woollen fabrics, other than fivo per cent embroidery in the piece, in strips ad fjalor", or in motifs the duty for the t,qj}o being leviable qn j,he ·bnefabrk:s if aot llteldyjjl8id it; (2) embroidery, in the piece, in snips qr in motifa, in or inreladon to the manufacture or wbich anyp~ is ordinarily carried on with the· aid of power (ii) for item no n, the following item shall be substituted, namely:-"22 rayon or artificial silk fabrics-3' 6 paise per square (i) rayon or artificial silk fabrics other than (i) embroidery, in the piece, in strips or in motifs, and (ij) fabrics impregnated or coated with preparations of cellulose derivatives or of other anificiaj plastic materials the duty for the time being leviable on the base fabrics, if not already paid (2) embroidery, in the piece, in strips or in motifs, in or in relation to the manufacture of which any process is ordinarily carried on with the aid of power (3) fabrics impregnated or coated with preparations of cellulose derivatives or of llther artificial plastic materials the duty for the time being leviable 01} the base fabrics, if not already paid!' diaccjiltidu-m for the year beginning on the 1st day of april, 1969, no duty under :ao uiice 01 le central excises act, or the tariff act shall be levied in respect of salt duty l"t f t d· rt d tid" sa manu ac ure ln, or lmpo e lu 0, n lao declaration under the provisional collection of taxes act, 1931it is hereby declared that it is expedient in the public interest that the provisions of clauses 26, 27, 29, 30,"31 and 33 of this bill shall have 25 immediate effect untier the provisional collection of taxes act, 1931 18 of 1831 the first schedule (see section 2) part i inc:om»-tax and surcharges on income--tax paragraph ain the case of every individual or hindu undivided family or unregistered firm or other association of persons or body of individuals, whether incorporated or not, or every artificial juridical person referred to in subclause (mi) of clause (31) of section 2 of the income-tax act, not being a case to which any other paragraph of this part applies,-3s rates of income-tax (i) where the total income 5 per cent of the total income; docs not exceed ri s,ooo (2) where the total income rs 250 plus 10 per cent of the exceeds ri 5,000 but does not amount by which the total in- 40 exceed rs 10,000 come exceeds rs 5,000; (3) viijcft the total income ri 750 plus is per cent of th e exceeds re 10,000 but does not amount by which the total income exceed ra !5,000 exceeds rs 10,000; (4) where the total income ri 1,,00 pi" 20 per cult of exceeds ri ],,000 but does not the amount by which the total exceed rs 20,000 income exceeds rs is,ooo; r'··· (s) where the total income rs 2,soo plus 30 per cent of exceeds rs 20,000 but does not the amount by which the total exceed rs 2s,000 income exceeds rs 20,000; 5 (6) where the total income rs 4,000 plus 40 per cent of excee~ls rs 2sooo but does not the amount by which the total exceed rs 30,000 income exceeds rs 25,000; 10 (7) where the total income rs 6,000 plus so per cent of exceeds rs 30,000 but does not the amount by which the total exceed rs 50,000 income exceeds rs30,000; (8) where the total income exceeds rs 50,000 but does not exceed rs 70,000 rs 16,000 plus 60 per cent of the amount by which the total income exceeds rs 50,000; is (9) where the total income exceeds rs 70,000 but does not exceed rs 1,00,000 rs 28,000 plus 6s per cent of the amount by which the total income exceeds rs 70,000; 20 (10) where the total income exceeds rs 1,00,000 but does not exceed rs 2,50,000 rs 47,500 plus 70 per '1 cent of the am, unt by which the total income exceeds rs 1,00000; (ii) where the total income exceeds rs 2,50,000 rs i,s2,5oo plus 75 per cent vf the amount by which the total income exceeds rs 250,000: 25 provided that for the purposes of this paragraph, in the case of a person, not being a non-resident-(i) no income-tax shall be payable on a total income not exreeding the following limit, namely:-(a) rs 7,000 in the case of every hintiu undivided family 30 which at any time during the previous year satisfies either of the following two conditions, nnmejy:-(1) that it has at least two members entitled to claim partition who are not less than eighteen years of age; or 3s (2) that it has at least two members entitled to claim partition who are not lineally descended one from the other and who are not lineally descended from any other living member of the family; (b) rs 4,000 in every other case; (ii) where such person is an intiividual whose total income 40 does not exceed rs 10,000 and who has, during the previous year, incurred any expenditure for the maintenance of anyone or morc! of his parents or grand-parents mainly dependent on him, the incometax compute'd at the rate hereinbefore specified shall be reduced by 80 much ot the amount specified hereunder, as does not exceed the 45 amount of incomvtnx 80 computed:-(a) rsi4s in the case of an unmarried individual; (b) rs220 in the case of 8 manied individual who has no child mainjy dependent on him; (c) rs~ ~o in the case of a married individual who has one child mainly dependent on him; cd) rs260 in the case of a married individual 5 who has more than one child mainly dependent on him so, however, that in the case of a married individual whose spouse has a total income exceeding rs 4,000, this clause shall have effect as if for the amounts of rs 220, rs 240 and rs 260, the 10 amounts of rs 145, rs 165 and rs 185 had, respectively, been substituted; (iii) where such person is an individual not falling under clause (it) or a hindu undivided family, the income-tax computed at the rate hereinbefore specified shall be reduced by so much of the 15 amount specified hereunder, as does not exceed the amount of incometax so computed:-(a) rs i3s in the case of an unmarried individual; (b) rs 200 in the case of a married indi- ao vidual who has no child mainly dependent on him or a hindu undivided family which has no minor coparcener; (c) rs230 in the case of a married individwi125 who has one child mainly dopendent on him or a hindu undivided family which has one minor coparcener mainly supported from the income of such 30 family; (d) lb 340 in the case of a married individual who has more than one child mainly depel\dent on him or a hindu undivided family 3s which has more than one minor coparcener mainly supported from the income of such family> so, however, that in the case of a married individual whose spouse has a total income exceeding rs 4,000, this clause shall have 40 effect as if for the amounts of rs 200, rs 200 and rs 340, the amounts of ri 125, rs 145 and rs 165 had, respectively, been sub-'"tuted: (iu) (a) where iuch person is an individual whose total income exceeds re 10,000 but does not exceed rs 20,000 and who hu, during 45 the previous year, incurred any expenditure for the maintenance of anyone or more of his parents or grand-parents mainl, dependent on him, the income-tax payable by him in respect of such total income shall not exceed the aggregate of-(i) the income-tax which would have been p,yable by the 50 indivttiual 1f his total income had been rs 10,000, and (2) 40 per cent of the amount by which the total income of the individual exceeds rs hl,ooo : (8) where such person is not an individual whose case falla under sub-clause (a) and the total income of such person does not 5 exceed rs 20,000, the income-tax payable thereon shall not exceed 40 per cent of the amount by which the total income exceetis the limit specified in sub-clause (a) or, as the case may be, sub-clause (b) of clause (i) of this proviso explanation-for the purposes of clause (ii) and sub-clause (a) of 10 clause (iv) of -this proviso, a parent or grand-parent of an individual shall not be treated as being mainly dependent on such individual if the income of the parent or; as the case may be, the grand-parent from all sources in respect of the previous year relevant to the assessment year exceeds one thousand rupees 15 the amount of income-tax computed in accordance with the preceding provisions of this paragraph shall be increaseq by a surcharge for purposes of the union calculated at the rate of ten per cent of such incometax in the case of every co-operative society,-rates of i ncome-taz (i) whqre the tqtai income 5 per cent of the total income; aoes not exceed rs 5000 25 rs 250 pitts 10 per cent of the amount by which the total income 'cxceods rs500q; (2) where the total income exceeds rs 5,000 but does not exceed rs: iq;ooo (3) where the total inco1llfl rs 75q plus 1,5 per cent of the exceeds rs 10,000 but docs not amount by which the total inexceed rs 15,000 come exceeds rslo,ooo; 30 (4) where the total income rs 1,500 plus 20 per cent of the 35 c exoeeds & 15,oqo bu~·dqqt·aot ~ouat:by, _which, the total exceed rs 2oa;:lo incqme ~,~ i5,poo; - (s) wh~ the total incomc!' rs 2,500 pl~i 25 per _ cent of the exceeds rs 20,000 but does not amount by which the total inexceed rs 25,000 come exceeds ,; 20,000; , (6) where, the total income rs 3,7s0 plul40,por, cent of the exceeds rs 25,000 amount by which the total income exceeds rs 25,000: 40 provided that-(t) no income-tax shall be paya·bie on a total income not exceeding rs 4,000; and (ii) where the total idcome ijjra 20,000 or less, the income-tlur paya\lje shall not exceed 40 per cent of the ~ount by which the 45 tot8iincome exceeds rs 4,000 the amount of income-tax computed at the rate hereinbefore specified shall be increased by a surcharge for purposes of the union calculated at the rate of ten per cent of such income-tax in the ~ase of every registered ftrm,-(i) where the total income nil; does not exceed rs :&,,000 (3) where the total income 6 per cent of the amount by 10 exceeds rs 35,000 but does not which the total income exceeds exceed rs 50,000 rs 25,000; (3) where the total income rs [,500 plus u per cent of the exceeds rs s<"ooo but does not amount by which the total inexceed rs 1,00,000 come exceeds rs 50 ,000; 15 (4) where the total i'lcome exceeds rs j ,00,000 rs 7,500 plus jo per cent of the amount by which the total income exceeds rs 1,00,000 surcharges em imome-tarthe amount of income-tax computed at the rate hereinbetor~ specifted :ao thall be increased by the aggregate of surcharges for purposes of the union calculated as specified hereunder:-(4) in the case of a registered firm whose total income includel income derived from a profession carried on ,by it and the income 10 included is not less than fifty-one per cent of such total income, a 35 surcharge calculated at the rate of ten per cent of the amount of income-tax computed' at the rate hereinbefore specified; (b) in the case of any other registered firm a surcharge calculated at the rate of twenty per cent of the amount of income-tax computed at the rate hereinbefore specified; and (c) a special surcharge calculated at the rate of ten per cent on the aggrega,te of the following amounts, namely:-(t) the amount of income-tax computed at the rate hereinbefore specified; and (ii5 the amount of the surcharge calculated in accordance 35 with clause (a), or, as the case may be, clause (b), of thitl subparagraph in the case of every local authonty,-rate of iftcome-tax on the whole of the total income 40 ~ per cent the amount of income-tax computed at the rate hereinbefore sped; fled shall be increased by a surcharge for purposes of the union calculated at the rate of ten per cent of such income-tax 5 paragraph e in the case of the life insurance corporation of india established 31 or 1956 under the life insurance corporation act, 1956,-(i) on that part of its total in-s2' s per cent; 10 come which consisu of profits and gains from life insurance business (ii) onlthe balance, if any, of tlie total income the rate of income-tax applicable, in accordance with paragraph f of this pan, to the total income of a domestic com~y which ii 1-5 a~company in which the public:-are substantially interested in the case of a company, other than the life insurance corporation 31 ef 1956 20 of india established under the life insurance corporation act, 1956,-i in the case of a domestic company-(i) where the company is a company in which the public are substantially interested,-25 (i) in a case where the total income 45 per ~t of the total income; does not c:xceed rs 50,000 cia') in a case where the total 5s per cent of the total income; income exceeds ri 50,000 10 (2) where the company is not a company in which the public are substantially intcrested,-(i) in the case of an industrial codlpany-35 (a) on so much of the total 5s per cent ; income as does not exceed ri 10,00,000 (6) on the balance, if any, 60 percent ; of the total income , ':': :~ (ii) in any other case 65 per cent of the total income: provided that the income-tax payable by a domestic company, beinl - company in which the public are substantially interested, the total income of which exceeds rs 50,000, shall not exceed the aggregate 01-(a) the income-tax which would have been payable by the company if its total idcome had been rb 50,000 (the income ot as 5o,0it 3321 ls-i for this purpose being computed as if such income included income from various sources in the same proportion as the total income ot the company); and (b) 80 per cent of the amount by which its total income exceeds rs 50,000 n in the case of a company other than a domestic company-(i) on so much of the total income as consists of-(a) royalties received from an indian concern in pursuance of an agreement made by it with the indian concern after the 31st day of march, 1961, or (b) fees for rendering technical services received from an indian concern in pursuance) of an agreement made by it with the indian concern after the 29th day of february, 1964" and where such agreement has, in either case, been approved by the central government ' so per cent ; (ii) on the balance, if any, of the total income 70 per cent part ii rates jot dectuction of ta:& at source in certain caaes2s in every case in which under the provisions of sections'i93, 194, 19m and 195 of the income-tax act, -tax is to be deducted at the rates in toree, deduction shall be made from the incqm,e subject to deduction, at the following rates:-income-tax | rate ||------------|| of || income-tax || ,urcbarse |i n the case of a person other than a company-(a) where the person is resident-(i) onincomebywayofintereat other than "inteftst ''in securities" 10 per cent ~ nil (n) on -lny ~ther income (excluding interest payable on a tax free security) 20 per cent 2 per cent income-tax rate of income-tax rate of surcharge (b) where the person is not resident 5 in india- (i) on the whole income (ex-income-tax at 30 per cent and eluding interest payable on a tax surcharge at 3 per cent of the free security) amount of the income or 10 income-tax and surcharge on income-tax in e!lpect of the income at the rates prescribed in paragraph a of part iii of this schedule, if such income had been the total income, is whichever is higher; (ii) on the income by way of interest payable on a tax free security 15 per cent l s per cent 20 2 in the case of a company-(a) where the company is a domestic eompany-(i) on income by way of interest other than "interest on securities" - 20 per cent nil (ii) on any other income (excluding interest payable on a tax free security) - 22 per cent nil (b) where the company is not a 30 domestic company-(i) on the income by way of dividends payable by an indian company as is rfferred to in clause (a) (i) of suh-section (i) of section 80m of the income-tax act 14 per cent nil 3s (ii) on the income by way of dividends payable by any domestic company other than a company referred to in (i) hereinabove 24/5 per cent nil 40 4s (iii) on the income by way of royalties payable by an indian concern in pursuance of an agreement made by it with the indian concern after the 31st day of march, 1961, and which has been approved by the central government so per cent income-tax rate of surcharge rate of income-tax 10 nil (iv) on the income by way of fees payable by an indian concern for rendering technical services in pursuance of an agreement made by it with the indian concern after the 29th day of february, 196,4, and which has been approved by the central government so per cent nil (v) on the income hy way of interest payable on a tax free security 44 per cent nil (vi) on any other income 70 per cent ~ partinrates fot calculating ot charging income-tax in certam cases, deducting income-tax ftom income chargeable under the head "8a14-ties" or any payment referred to in sub-secti<m (9) of section 80e and computing "advance tax" in cases in which income-tax has to be calculated under the first proviso to sub-section (5) 'of section 132 of the income:tax act or charged under sub-section (4) of section 172 or sub-section (2) of section 174 or section 175 or sub-section (2) of section 176 of the said act or deducted under section 192 of the said act from income chargeable under the head 25 "salaries" or deducted under sub-section (9) of section 80e of the said act from any payment referred to in the said sub-section (9) or in which the "advance tax" payable under chapter xvii-c of the said act has to aji: compurted, at the rate or rates in force, such income-tax, or, as the case may be, "advance tax" shall be so calculated, charged, deducted or eom- 30 puted at the following rate or rates:-in the case of every individual or hindu undivided famuy or unregistered firm nr other association of persons or body of individuals, whether incorporated or not, or every arttftcial juridical person 35 referred to in sub-clause (vii) of clause (31) of section 2 of the income-tax act, not being a case to which any other paragraph of this part applies,-",, (i) where the total income doest;s per oidt oftbe·totalblcome; 010 not exceed rs 5,000 , (2) wherethetot81 income exceeds rs 250 plus 10 per cent of the ·rs5,oooblltdoesnotexceedrsro,ooo amount by which the total incmne exceeda~rs"ooo_ (3) where the total income ex-rs 750 plus 17 per cent of the cecds ks 10,000 but does not exceed amount by which the total rs 15,000 income exceeds rs 10,000; (4) where the total income ex-' rs 1,600 plus 23 per cent of the ceeds rs 15,000 but does not exceed amount by which the total ri 20,000 income exceejs rs 15,000; s (5) where the total income exceeds rs 2,750 plus 30 per cent of the re 20,000 but does not exceed amount by which the total rs 25,000 income exceeds rs 20,000; 10 (6) where the total income exceeds rs 4,250 plus 40 per cent of the ri 25,000 but does not exceed amount by which the total ri30,000 income exceeds rs 25,000; (7) whercthetotalincomeexcecds rs 6,250 plus s0 per cent of the re 30,000 but does not exceed amount by which the total is ri 50,000 income exceeds rs 30,000; (8) where the total income ex-rs 16,250 plus 60 per cent of the cecds as 50,000 but does not exceed amount by which the total ri 70,000 income exceeds ri 50,000; (9) where the total income exceeds rs 28,250 plus 65 per cent of the :0 rs 70,000 but does not exceed amount by which the total rs 1,00,000 income exceeds rs70,000; (10) where the total income ex-rs 47,750 plus 70 per cent of the ceeds rs 1,00,000 but does not exceed amowlt by which the total rs 2,50,000 mcome exceeds rs 1,00,000; (ii) where the total income ex-rs 1,52,750 plus 75 pc:r cent of ceeds rs 2,50,000 the amount by which the total income exceeds rs 2,50,000: provided that for the purposes of this paragraph, in the case of - person, not being a non-resident-(1) no income-tax shall be payable on a total income not exceeding the following limit, namely:-(a) rs 7,000 in the case of every hindu undivided family which at any time during the previous year relevant to the assessment year commencing on the 1st day of april, 1970, satisftes either of the following two conditions, namely:-is (1) that it has at least two members entitletl to claim partition who are not less than eighteen years of age; or (2) that it has at least two members entitled to claim partition who are not lineally descended one from the other and who are not lineally descended from any other living member of the family; 40 (b) rs 4,000 in every other case; \ (ii) where such person is an individual whose total income does not exceed rs 10,000 and who has, during the previous year relevant to the assessment year commencing on the 1st day of april, 1970, 45 incurred any expenditure for the maintenance of anyone or more of his parents or grand-parents mainly dependent on him the fncometax computed at the rate hereinbefore specified shall be reduced by 110 much of the amount specified hereunder, as does not exceeed the amount of income-tax so computed:-in the case of an unmarried individual; (b) rs 220 in the case ofa married individual 5 who has no child mainly dependent on him; (c) rs 240 in the case of a muried individual who has one child mainly dependent on him; 10 (4) rs 260 in the case ora mlrriei individull who has more than one' child mainly dependcntion him, so, however, that in the case of a married individual whose spouse has a total income exceeding rs 4,000 in respect of the previous year 15 relevant to the assessment year commencing on the 1st day of april, 1970, this clause shall have effect as if for the amounts of rs 220, rs 240 and rs 260, the amounts of rs 145, rs 165 and rs 185 had, respectively, been substituted; (iii) where such person is an individual not falling under clause 20 (ii) or a hindu undivided· family, the income-tax computed at the rate hereinbefore specified shall be reduced by so much of the amount specified hereunder, as does not exceed the amount of income-tax so computed:-(a)lrs 12s'i - - in the'case of an unmarried indl-25 vidual; (b) rs 200 - in the case of a married individual who has no child mainly dependent on him or a hindu ~dlvided family ~hich has no 30 mmor coparcener; (c) rs 220 - in the case of a married individual who has one child mainly dependent on him or a hindu undiv~ded family which has 3s one mulor coparcener mauliy supported from the income of such family; , (tl)rs 240 in the case of a married individual who has more than one child 40 mainly dependent on him or a hindu undivided family which has more than one, minor coparcener majnly supported from the income of such 45 family, so, however, that in the case of a married individual whose spouse has a total income exceeding rs 4,000 in respect of the previous year relevant to the assessment year commencing'on the 19t day of april! 1970, this clause shall have effect as if for the amounts of ri 200, rs 220 and rs 240, the amounts of rs 125, rs 145 and bs 165 had, respectively, been substituted"; (iv) (a) where such person is an individual whose total income 5 exceeds rs 10,000 but does not exceed rb 20,000 and who has, during the previous year relevant to the assessment year commencing on the 1st day of april, 1970, incurred any expenditure for the maintenance of anyone or more of his parents or grand-parents mainly dependent on him, the income-tax payable by him in respect of such total income 10 shall not exceed the aggregate of-(1) the income-tax which would have been payable by the individual if his total income had been rs 10,000, and (2) 40 per cent of the amount by which the total income of the individual exceeds rs 10,000; 15 (b) where such person is not an individual whose case falls under sub-clause (a) and the total income of such person does not exceed rs 20,000, the income-tax payable thereon shall not exceed 40 per cent of the amount by which the total income exceeds the limit specified in sub-dause (a) or, as the case may be, sub-clause (b) 20 of clause (i) of this proviso explanation-for the purposes of clause (ii) and sub-clause (a) of clause (iv) of this proviso, a parent or grand-parent of an individual shall not be treated as being mainly dependent on such individual if the income of the parent or, as the case may be, the 2s grand-parent from all sources in respect of the previous year relevant to the assessment year commencing on the 1st day of april, 1970 exceeds one thousand rupees the amount of income-tax computed in accordance with the preceding 3cl> provisions of this paragraph shall be increased by a surcharge for purposes of the union calculated at the rate of ten per cent of such income- tax patagraph bin the case of every co-operative society,-rates of income-tu 35 15 per cent of the total income; (i) where the total income does not exceed rs 10,000 (2) where the itotal income exceeds rs 10,000 but does not exceed ri 20,000 rs 1,500 plus 25 per cent of the amount by which the total income exceeds rs 10,000; (3) where the total income exceeds ri20,ooo rs 4tooo plus 40 per cent of the amount by which the total income exceeds ri 20,000 the amount of income-tax computed at the rate hereinbefore specl-4~ fled shall be increased by a surcharge for purposes ot the unjoil calculated at the rate of ten per cent of such income-tax in the case of every registered firln,-(i) where the total income docs not nil; exceed rs 10,000 (2) where the total income exceeds rs 10,ooobutdoesnotexceedrs 25,000 4 per cent of the amount by which the total income exceeds rs 10,000; (3) where the total income exceeds rs 35,000 but does not exceed rs 50,000 rs 600 plus 6 per cent of the amount by which the'total in- 10 come exceeds rs 25,000; (4) where the total income exceeds rs 2,100 plus 12 per cellt of the rs 50,000 but does not exceed rs 1,00,000 amount by which the total income exceeds rs 50,000; (5) where the total income exceeds rs 8,100 plus 20 per cent of the is rs 1,00,000 amount by which the tow income exceedsrs 1,00,000 the amount of income-tax computed at the rate hereinbefore specified shall be increased by the aggregate of surcharges for purposes of the 30 union calculated as specified hereunder:-(a) in the case of a registered firm whose total income includes income derived from a profession carried on by it and the income so included is not less than fifty-one per cent of such total income, a surcharge calculated at the rate of ten per cent of the amount of 3s income-tax computed at the rate hereinbefore specifted; (b) in the case of any other registered firm, a surcharge calculated at the rate of twenty per cent of the amount of income-tax computed at the rate hereinbefore specified; and (c) a special surcharge calculated ajt the rate of ten per cat ig on the aggregate of the following amounts, namely:-(i) the amount of income-tax computed at the rate herembefore specified; and (ii) the amount of the surcharge calculated in accordanee with clause (a), or, as the case may be, clause (b), of this sul>- 3' paragraph paragtaph din the case of every local authority,-on the whole of the total income 50 per cedt <to the amount of income-tax computed at the rate hereinbefore speelfted shall be increased by a surcharge for purposes of the union calculated at the rate of ten per cent of such income-tax, 31 of 19,6 in the case of the life insurance corporation of india established under the life insurance corporation act, 195(;,-52 5 per ccllt ; s ci) on that part of its total income which consists of profits and gains from life insurance business (ii) on the balance, if any, of the total income 10 the rate of income-tax applicable, in accordance with paragraph f of this part, to the total income of a domestic compllly which i$ a company in which the public arc substantially interest~ is in the case of a company, other than the life ins:irance corporatiod of 31 of 1956 india established under the life insurance corporaton act, 1956,-i in the case of a domestic company-20 (1) where the company is a company in which the public are substantially interested,-ci) in a case where the total ~5 per cent income does not exceed rs 50,000 the total income; (ii) in a case where the total ss pcr cenl ! the total incornet: 2s income exceeds rs 50,000 (2) where the company is not a company in which the public are substantially interested,-(i) in the case of an industrial 30 cornpany-(a) on so much of the ss per cent total income as does not exceed rs 10,00,000 (b) on the balance, if 60 per cent any, of the total income 35 (ii) in any other case 3pl (b) ls-6 provided that the income~tax payable by a domestic company, being a company in which the public are substantially interested, the total income of which exceeds rs 50,000, shall not exceed the aggregate of-(4) the income~tax which would have been payable by the company if its total income had been rs 50,000 (the income of rs 50000 s for this purpose being computed as if such income included income from various sources in the same proportion as the total income of th~ c'omt>any); and (b) 80 per cent of the amount by which its total' income exceeds ri 50,000 '10 ii in the case of a company other than a dometltic oompany-(i) on 110 much of the total income as consil1ts of-(a) royalties received from aa indian concern in pursuance of an a,reement made by it with the indlan concern after the 3 lit day of march, 1961, or (h) fees for rendering technical services received from an indian, concern ~ in p~ of an agreement made by it with the indian concern after the 29th day of february, 19604, md where irjch agreement has, in either cue, been 1be ceatral g09'erament approyed by so pet cent (ti) on the baimce , if any, of the total income 70 pel' cent l· ; the second schedule30 (see section 26) part iin the first schedule to the tariff act,-(i) in item no 75(11)(1'), in the entry in the second column, ~e words "foll_r bearings" shall be omitted; (ti) in item no 87a, for the entries (ii), (iii) and (i'v) in the 3s seconct column, the following entry shall be substituted, namely:-" "(ii) alcoh9lic drillks,", , ,-s na~1 i~~~ ftetn name of 'anicle standard rate of duty tion' no of rate of if the of duty duty article is the proproduce or tective manufacture, rates of of duty 10 the a united bri-kingtisb dom colonyl i 2 l ~ i ~ 6 -7-in the first schedule to the tariff act,-is (i) for item no 8(2), the following item shall be substituted, namely :-"8(2) fruits, dried (salted and all preferenroo per other kinds) not otherwise tiat reve- cent ad specified nue valorem 20 90 per "; cent ad fjfjior6m (ii) for item no 72(35), the following item shall be substituted, namely :- "72(35) ball bearings (including adap-revenue 100 per " , ter ball bearinjs) not excent ad ceeding 60 millimetres bore valorem diameter 25 (iii) for item no 72(36), the following item shall be substituted, namely:-30 "72(36) ball bearings (including adap-revenue 40 per " , ter ball bearings) exceeding cent ad 60 millimetres bore dia-"alorem meter (iv) for item no 72(37), the followinl item shall be substituted, namely:-looper cent ad "tuor"" to , "'72(37) roller bearings (excluding revenue 35 adapter roller bearings) not exceeding ~8s ; millimetres bore diameter (v) for item no 72(38), the following item shall be substituted, namely:-'-, 40 "72(38) roller bearings exceeding 8s revenue millimetres bore diameter 40 per cent ad valor"" and adapter roller bearings of all sizes (iii) after item no 87a, the following items shall be inserted namely :-50 all dutiable articles, even if elsewhere specified, intendde<! for personal ulle, imported by post or air, and exempt from any prohibition in respect of the import thereof under the imports and exportj (control) standard rate of duty item no name of article nature of duty s preferential dura~ rate of duty tion if the of article is the i proproduce or \tective manufacture rates duty of \ of 10 i \ the a ~ i united hri-\ i king- tish -[--1-------2-=--=--_-_-_-!-\ ===-·-=--~-_~~1-__ -__ -4-___ -j:~~o:n~i_ _7_ act, 1947 (18 of 194i), but excluding alcoholic drinks : is (i) drugs and medicines; revenue 50 per cent ad valorem (ii) others 20 revenue 100 per cent ad valorem 87c the following articles of stores on board a vessel or aircraft on which duty is leviable under the customs act, 25 196~ (52 of 1962), even if elsewhere specified, namely: -30 (i) prepared or preserved revenue meat, fish and vege-2s per cent ad vaiornn tables; dairy produce ; iioups ; lard ; fresh fruits; n , 3s revenue 100 per cent ad valorsm (ii) all other c~')nsumable stores, excluding fuel, lubricating oil, alcoholic drinks add tobacco products statement of objects and reasonsthe object of this bill is to give effect to the financial proposals of the central government for the financial year 1969-70 and to provide for certain connected matters opportunity has been taken to simplify and rationalise some of the provisions of the income-tax act the notes on clauses explain the various provisions contained in the bill new delhi; morarji desai the 28th february, 1969 president's recpmmendation under articles 117 and 274 ot the constitution of india[copy of letter no f 4(1)-b/69, dated the 28th february, 1969 from shri morarji desai, deputy prime minister and minister of finance to the secretary, lok sabha] the president having been informed of the subject matter of the proposed bm, recommends under article 117 (1) and (3) read with article 274 (1) of the constitution of india, the introduction of the finance bill, 1969 to the lok sabha and also recommends to the lok sabha the consideration of the bill 2 the bill will be introduced in the lok sabha immediately after the presentation of the budget on the 28th february, 1969 clause 2, read with the first schedule to the bill, seeks to prescribe the rates at which income-tax, including surcharges where applicable, is to be levied on incomes chargeable to tax for the assessment year 1969-70 further, it lays down the rates at which tax is to be deducted at source during the financial year 1969-70 from incomes subject to such deduction under the income-tax act; and the rates at which "advance tax" is to be computed and tax is to be calculated or charged in special circumstances for the financial year 1969--70 rates of income-tax for the assessment year 1969-70-the rates of income-tax (including surcharges) in the case of non-corporate tax payers on incomes liable to tax for the assessment year 1969-70 are the same as specified in part iii of the first schedule to the f~ce act, 1968 for the purpose of deduction of tax at source from "salaries" and for computation of "advance tax" payable during the financial year 1968-69 similarly, in the case of corporate tax payers, the rates of income-tax on incomes liable to tax for the assessment year 1969-70 are the same as laid down in part iii of the first schedule to the finance act, 1~ for purposes of computing advance tax payable by companies during the financial year 1968-69 these rates have been specified in part i of the first schedule to the bill part ii of the first schedule to the bill specifies the rates at which income-tax (including surcharge where applicable) is to be deducted at source during the financial year 1969-70 from incomes othet than "salaries" and retirement annuities referred to in section 80e (9) these rates are the same as specified in part 11 of the first schedule to the finance act, 1968 for deduction of tax at source from incomes other than "salaries" during the financial year 1968-69 part m of the first schedule to the bill specifies the rates at which income-tax is to be deducted at source from "salaries" and retirement annuities referred to in section 80e (9) of the income-tax act and also the rates at which "advance tax" is to be computed and illcome-tax is to be calculated or charged in special cases for the financial year 1969--70 these rates differ from the rates of tax applicable for the assessment year 1969--70, specified in part i of the first schedule, in the following mattera:-(i) lindividuazs, hindu undivided families and other non-corporate tu payers (paragraph a of part iii) the rate of basic income-tax on income in the slab rs 10,001-15,000 is sought to be increased by 2 per cent, from 15 per cent to 17 per cent, and that on income in the slab rs 15,001-20,000, by 3 per cent, from 20 per cent to 23 per cent the rate schedule of income-tax on incomes in ex<:ess of rs 10,000 has been recast accordingly (ii) cooperative societies (paragraph b of part iii)a new rate schedule of tax is sought to be prescribed for co-operative societies under this rate schedule, the rate of basic income-tax on income in the slab re 1-10,000 will be 15 per cent; on income in the slab re 10,001-20,000, 25 per cent; and on income over rs 20,000, 40 per cent the basic income-tax will be increased by a surcharge for purposes of the union calculated at 10 per cent thereof there will be no exemption from tax in respect of small incomes up to r~ 4,000 or any other limit, in view of the position that under clause 10 of the bill, it is sought to increase the amount up to which business incomes will be exempted from tax in the generality of cases of co-operative societies by rs 5,000, from rs 15,000 to rs 20,000, including also income from cooperative insurance business (iii) registered firms (paragraph c of part iii)in the case of registered firms the amount of the initial slab of income exempt from tax is proposed to be reduced from rs 25,000 to rs 10,000 on income in the slab rs 10,001-25,000, it is propose'd to fix the rate of 'basic income-tax at 4 per cent the percentage rates of basic incometax on income in other slabs as well as the rates of the ordinary and special surcharges remain the same as under the rate schedule for· charging tax on registered firms for the assessment year 1969-70 in all other cases, the rates of tax specified in part iii of the first schedule for the computation at "advl!lce tax", etc, are the same as for the purpose of the levy of tax on incomes assessable for the assessment year 1969-70 clause 3 seeks to amend clause (18) of section 2 of the income-tax act, which defines "a company in which the public are substantially interested" under the clause as sought to be amended, a public company whose shares (forming part of its equity capital) are listed in a recognised stock exchange in india in accordance with the securities contracts (regulation) act, 1956 (42 of 1956) and the rules made thereunder, will be treated as cia company in which the public <1re substantially interested", without applying to it the various tests laii down in subclause (b) of the existing definition in clause (18) of section 2 of the income-tax act these tests have been reproduced with consequential amendments, in item (b) of sub-clause (b) as sought to be amended, as an alternative test of "a company in which the public are substantially interested" the amendment is sought to be made effective from 141970, ie, in relation to the assessment year 1970-71 and subsequent years clause 4 seeks to amend clause (iv) of section 16 ot the incometax act with effect from 141970 under the proposed amendment, the s~ndard d~uction allowable, in the computation of salary income, in respect of maintenance expenditure and wear and tear of a motor car owned by the tax-payer and used for his employment will, in a case where the gross salary income of the tax-payer does not exceed rs 15,000, be increased from the existing amount of rs 150 to rs 200 per month or part thereat the amount of the' standard deduction in relation to motor car in the cases of tax-payers in higher salary ranges will remain the same as at present clause 5 seeks to insert a new sub-section (4) in section 40a of the income-tax act the new sub-section seeks to prohibit any plea from being raised in any suit or other proceeding that any payment made or tendered by an assessee by means of a crossed cheque on a bank or a crossed bank draft in accordance with the provisions of sub-section (3) of the said section 40a ought to have been made in cash or in any other manner clause 6 seeks to amend section soc of the income-tax act sub-clause (a) seeks to amend sub-section (2) of section 80c the effect of the proposed amendments will be that for and from the assessment year 1970-71, tax relief in respect of premiums paid on life insurance policies will be available nlso with reference to the premiums paid by an individual (out of his income chargeable to tax) on a policy of insurance (including a contract for a deferred annuity) on the life of his child, or by a hindu undivided family (out of its income chargeable to tax) on a policy of insurance on the life of any female member of the family sub-clause (b) seeks to amend sub-section (4) of section 80c with effect from 141969, ie, for and from the assessment year 1969-70 the effect of this amendment will be to make an author, playwright, artist, musician or actor eligible for tax relief on savings in the media specified in section aoc (eg, ufe insurance, provident funds, 10-year or 15-year cumulative time deposits) up to the higher limits specified in the income-tax rules without the operation of the existing condition that the author, playwright, etc, should have effected an insurance on his hfe or on the life of his spouse prior to 131964 clause 7 seeks to amend sub-section (4) an~ sub-section (5) of section 80j of the income-tax act the effect of the proposed amendments is that the "tax holiday" cotr cession under section 80j in relation to profits from industrial undertakings newly set up in india and profits derived by indian companies from ships, will be available to industrial undertakings which commence production or operation, and ships which are brought into use, at any time up to 31-3-1976 under the existing provisions of section 80j, the "tax holiday" is available in the case of industrial undertakings which commence production or operation, and ships which are brought into use, at any time up to 3]-3-1971 only clause 8 seeks to amend sub-section (1) of section 80l of the incometax act with effect from 1-4-1970, ie, for and from the assessment year 1~70-71 the effect of the proposed amendment will be that dividends from indian companies will be exempt from tax up to rs 1000 in the case of all categories of shareholders, as against rs 500 under the existing law clause 9 seeks to insert a new section 80mm in the income-tax act with effect from 1-4-1970 under the proposed new section 80mm an indian company which provides "technical lmow-how" or renders technical services relating to the provision of utechnieal know-how", to any - person carrying on a business in india, will be entitled to deduct 40 per cent of any royalty, commission, fees, or any other payment (not being income chargeable under the head "capital gains") received by it from such person, in the computation of its total income thi! deduction will be available where the "technical lmqw-how" is likely to assist in the manufacture or processing of goods or materials, installation or erection of machinery and plant, mining, including prospecting, or in agriculture, animal husbandry, dairy or poultry farming, forestry or fishing the allowance of· the deduction is su);>ject also to the requirement t8at the "technical know-how" is provided or technical services are rendered under an agreement entered into by the indian company with such person on or after 1-4-1969 and such agreement is approved in this beba1f by the central government before october 1 of the relevant assessment year the expression "provision of technical know-how" has been defined in sub-section (2) qf the new section 80mm the above pt;ovision will not be applicable in respect of ineome received by an indian company from a foreign company where, under section 800 of the income-tax act, the whole of such income is to be allowed as a deduction from the taxable income of the indian company clause 10 seeks to amend section sop of the income-tax act with effect from 1-4-1970 by one of these amendments, the amount up to which the business income of co-operative societies is exempt from tax, in the generality of cases, is sought to be increased from rs 15,000 to rs 20,000 by another amendment, the abo\1e exemption from tax in respect of business income of co-operative societies, in the generality of cases, is sought to be extended also to income from insurance business derived by a co-operative society clause 11 seeks to insert a new section borr in the income-tax act with effect from 1-4-1970 under the new section sorr, an author, playwright, artist, musician or actor, resident in india, deriving income in the exercise of his profession from any foreign source will be entitled to it deduction, in the computation of his taxable income, of an amount equal ·to 2i per cedjt of that part of such' income which is received in or brought into i~ by him or on his behalf in foreign exchange in accordance with the foreign exchange regulation act, 1947 and any rules made thereunder the proposed provision is sought to be made effective for and from the assessment ye~r 1970-71 qlause 12 seeks to amend section 208 of the income-tax act by the amendment it is sought to provide that the requirement of payment of advance tax will apply only where the last assessed total income of a person or the current income of a person not hitherto assessed to tax, exceeds a specified amount the amount specified for this purpose is rs 2,500 in the case of a company or a local authority; and rs 30,000 in the case of a registered firm in the case of non-corporate persons (other than registered finns) , the amount is (a) rs 5,000 where the person was not resident in india in the latest previous year for which he has been assessed to tax or, where such person has not hitherto been assessed to tax by way of regular assessment, he is not likely to be resident in india 3321 (b) ls-7 during th~ previous year relevant to the assessment year next following the financial year in which the advance tax is payable; and (b) rs 10,000 in any other case clause 13 seeks to amend section 209 of the income-tax act sub-clause (a) seeks to amend clause (a) (iii) of section 209 the effect of the proposed amendment will be that even where the total income witb reference to which advance tax is computed includes only a part of the income which was subjected to deduction of tax at source, the tax deductible at source from the whole of the income subject to the deduction will be set off against the advance tax calculated on the income ubject to advance tax and only the balance will be payable as advance tax the amendment in sub-clause (b) is consequential to the insertion of a new section (3a) in section 212 of the incbme-tax act under clause 16 of the bill clause 14 seeks to amend section 210 of the income-tax act the proposed amendment is consequential to the amendment sought to be made to section 211 of the income-tax act under clause 15 of the bill clause 15 seeks to amend seclon 211 of the income-tax act sub-clause (a) seeks to substitute the existing sub-section (1) of section 211 by a new sub-sectiqn under sub-section (1), as proposed to be substituted, advance tax will be payable by every person (who is liable to pay advance tax) in three equal instalments during the financial year these instalments will be due on the 15th june, 15th september and 15th december in the financial year in the case of an assessee who derives not less than 75 per cent of his total income from a source or sources for which he makes up his accounts for a period ending on or before 31st december of that financial year in any other case, the instalments will be due on the 15th september, 15th december and 15th march of the financial year sub-clause (b) seeks to amend sub-section (2) of section 211 this amendment is consequential to the amendment in clause (a) c'lause 16 seeks to amend section 212 of the income-tax act sub-clause (a) seeks to substitute the existing sub-section (1) of section 212 by a new sub-section the proposed amendment is of a drafting nature and is consequential to the proposed insertion of new sub-section (3a) in section 212 under sub-clause (b) sub-clause (b) seeks to substitute the existing sub-section (3) of section 212 by a new sub-section anti to insert a new sub-section (3a) after sub-section (3) the changes made in sub-section (3), as sought to be substituted, are of a drafting nature and are consequential to the insertion of new sub-section (3a) in section 212 and also to the amendment of sub--section (1) of section 211 under clause 15 of the bill under the new sub-section (3a), it will be obligatory on an assessee to furnish an estimate of his current income (ie, income which is assessable to tax in the assessment year next following the financial year in which lfte advance tax is required to be paid) and the advance tax payable therpnn this requirement will apply where the advance tax p~ybl on sllch current income exceeds the advance tax demanded from him by more than 33~ per cent of the latter, whether such excess is due to the current income being greater than the last assessed income with reference to which advance tax was demanded or for any other reason clause 17 seeks to amend section 213 of the income-tax act tbe proposed amendment is consequential to the amendment of section 211 of the income-tax act sought to be mrdp under clause 15 of the bill clause 18 seeks to amend 'lee-tion 215 of the income-tax act with effect from 1-4-1970 sub-clause (a) seeks to substitute the existing sub-section (1) of section 215 by a new sub-section with effect from 1-4-1970 under sub-section (1), as proposed to be substituted, in a case where the advance tax paid by the assessee on his own estimate is less than 75 per cent of the tax determined on regular assessment, simple interest will be charged from him at the current rate of 9 per cent per annum on the shortfall of the advance tax actually paid from the whole of the tax determined on regular assessment, as against only on the shortfall from 75 per cent of the nested tax under the existing law sub-clause (b) seeks to amend clause (ii) of sub-section (2) of section 215 the proposed amendment is consequential to the amendment in sub-clause (a) sub-clause (c) seeks to insert a new sub-section (5) in section 215, with a view to defining the expression "assessed tax" used in the aid section and in sections 217 and 273 claus~ 1$j seeks to amend section 216 of the income-tax act with effect from 1-4-1970 the amendment is consequential to the insertion of the proposeti sub-section (3a) in section 212 of the income-tax act under clause 16 of the bill clause 20 seeks to amend section 217 of the income-tax act by substituting the existing sub-section (1) by two new sub-sections (1) and (1a) with eflect from 1-4-1970 new sub-section (1) relates to cases where a person who has hitherto not been assessed to tax fails to furnish an estimate of the advance tax payable by him under sub-section (3) of section 212 in such cases, simple interest will be chargeable at the time of regular assessment from such a person at the current rate of 9 per cent per annum upon the whole of the tax determined on regular assessment, as against 75 per cent of such tax under the existing law new sub-section (la) relates to cases where a person from whom a demand of advance tax has been made fails to furnish an estimate of the advance tax payable by him under the new sub-section (3a) of section 212 (proposed to be inserted under clause 16 of the bill) even where the advance tax payable on his current income exceeds the advance tax demanded from him by more than 33i per cent of the latter in such cases, simple ij;lterest will be chargeable at the time of regular assessment from such a person at the current rate of 9 per cent per annum qpon the amount by which the advance tax paid falls short of the tax determined on regular assessment clause 21 seeks to amend section 218 of the income-tax act the pro~ posed amendment is consequential to the insertion of new sub-section (3a) in section 212 of the 1l1come tax act under clause 16 of tlle bm cla'use 22 seeks to substitute a new section for section 273 of the lb· come:tax act with effect from 1·4-1970 'the changes made from the existing section are consequential to the insertion of new sub-section (3a) in section 212 of the income-tax act under clause 16 of the bill, the pro· posed amendment of section 215 of the income-tax act under clause 18 of the bill and the proposed amendment of section 217 of the income-tax act under clause 20 of the bill the effect of the proposed changes will be· that default, without reasonable cause, in furnishing the estimate required under the proposed sub-section (3a) of section 212 will attract a ,penalty under section 273 of the income-tax act for and from the assess· ment year 1970-71 the penalty for such default will be a minimum of 10 per cent and a maximum of 150 per cent of the amount by which the advance tax demanded under section 210 falls short of 75 per cent of the tax determined on regular assessment olause 23 seeks to insert two new items (32) and (33) in the fifth schedule to the income-tax act, with effect from 1-4-1970 the new items sought to be included in the fifth schedule are 'textiles (including those dyed, printed or otherwise processed) made wholly or mainly of cotton, including cotton yarn, hosiery and rope; and textiles (including those dyed, printed or otherwise processed) made wholly or mainly of jute, including jute twin~ and ju,te rope the effect of the above amendments will be that new machinery and plant installed in the cotton and jute textile industries will be eligible for the deduction, on account of development rebate, at the higher rate of 35 per cent of the cost thereof where these are installed up to 31-3-1970 and 25 per cent where these are installed after the said date, as against the general rates of 20 per cent and 15 per cent respectively clause 24 seeks to make certain amendments to the wealth-tax act, 1957 sub-clause (a) seeks to amend the definition of "assets" inelause (e) of section 2 of the wealth-tax act the effect of the proposed amendment will be that in relation to the assessment year 1970-71 and subse quent years, "assets" for the purpose of wealth-tax will include agricultural1and aodgrowing crops, grass or standing trees on such land and also any building owned and occupied or used by a cultivator or receiver of rent or revenue out of agricultural land sub-clause (b) seeks to amenti sub-section (1) of section 5 of the wealth-tax act with effect from 1-4-1970 one of the proposed amendments seeks to exempt from wealth-tax the value of growing crops, including fruits on trees and grass on agricultural land the other amendment seeks to enlarge the scope of the existing exemption from wealthtax specified iii clause (ix) of sub-section (1) of section 5 so as to cover tools, implements and equipment used by the assessee for the cultivation, conservation, improvement or maintenance of agricultural land or for the raising or harvesting of any agricultural or horticultural produce on fluch land sub-clause (c) seeks to amend sub-section (1) of section 18 of the wealth-tax act with effect from 1-4-1969 by the amendment it is proposed to make the followjng changes in the existing provisions in subsection (1) of section 18 of the wealth-tax act relating to' the scale of penalties leviable for defaults, without reasonable cause, in furnishing the return of wealth and in the production of accounts, recorc:b and evt dence called for by a notice under sub-section (2) or sub-section (4) of ection 16 of that act:-(i) the penalty for default, without reasonable cause, in furnishing the return of wealth will be an amount equal to one-half per cent of the net wealth determined on assessment (reduced in the case of a re-assessment by the net wealth assessed previously) for every month during which the default continued, subject to a maximum penalty, in the aggregate, of an amount equal to such net wealth (ii) in respect of default, without reasonable cause, in the production of accounts, documents and evidence, the penalty imposable shall be a minimum of one per cent of the "assessed net wealth" and the maximum, an amount equal to such assessed net wealth for this purpose, "assessed net wealth" means the net wealth assessed in original assessment proceedings under section 16 as reduced by the net wealth returned, if any, or the net wealth determined in re-assessment proceedings under section 17 reduced by the net wealth previously assessed or the net wealth returned in such re-assessment proceedings, whichever is greater clause 25 seeks to amend the third schedule to the companies (profits) surtax act, 1964 by way of deleting the proviso in that schedule, with effect from 1-4-1969 under the proviso, the aggregate liability of a domestic company in which the public are substantially interested (including a wholly owned subsidiary of such a company) to incometax and surtax was limited to a ceiling of 70 per cent of the total income of the company as determined for purposes of income-tax this ceiling of 70 per cent has now lost its significance under the prevailing rates of income-tax and surtax in the case of widely-held domestic companies for the assessment year 1969-70 under these rates of income-tax and surtax, the aggregate liability of such a com 9any to these taxes will, in all cases, be considerably lower than 70 per cent of the total income clause 26-sub-clause (a) seeks to make necessary changes in section 2a of the indian tariff act, 1934 enabling the central government to levy on imported articles an additional duty having regard tr) the excise duty "leviable on raw materials components and ingredients of the same nature as, or similar to, those used in the production or manufacture of such articles sub-clause (b) read with the second schedule seeks to provide for assessment at ad valorem rate for certain varieties of dried fruits in ;::a,':e of the present statutory provision for levy at specific rates so that the ad valorem rate when applied to imports whose assessable values have increased may yield more revenue a rationalised basis for the le,'y of import duty on different types of bearings is also being provided two new tariff items are also being crented carrying fiat rates of duties the first is for all imports for personal use which are exempt from the requirements of the import trade control the second item covers dutiable articles of ship stores excludinll fuel, lubricating oil, alcoho1ic drinks and tobacco products the pres~nt item 87a is also being suitably modified so as to bring within its scope all dutiable articles of baggage excluding motor vehicles and alcoholic drinks clause 27 seeks'to levy up to 31-3-1970, a special duty of customs clause 28 seeks to provide for levy of regulatory duties of customs up to 15-5-1970, on flexible basis within the specifled ceiling rates, for regulating or bringing greater economy in imports clause 29 seeks to continue for another year the provisions of the rndian tariff (amendment) act, 1949 clause 30-sub-clause (i) seeks to change the basis for assessment of sugar from weight to value subclause (ii) seeks to levy excise duty on chocolates in bulk manufactured with the aid of power sub-clause (iii) seeks to levy ~xcisf' duty on prepared 'or preserved foods put up in unit containers and ordinarily intended for lale sub-clause (iv) seeks to raise the rate of duty on cigarettes sub-clause (v) seeks to raise the rate of duty on motor spirit sub-clause (vi) seeks to change the basis for assessment of vegeta ble product from weight to value sub-clause (vii) seeks to change the basis for assessment of soda ash from weight to value sub-clause (viii) seeks to change the basis for assessment of caustic soda from weight to value sub-clause (ix) seeks to change the basis for assessment of sodium silicate from weight to value sub-clause (x) seeks to levy excise duty on fertilisers sub-clause (xi) seeks to change the basis for assessment of soap from weight to value sub-clause' (xii) seeks to change the basis for assessment of certain varieties of cotton fabrics to ad valorem basis it also seeks to widen the scope of the tariff item "cotton fabrics" so that embroidery in the piece, in strips or in motifs and imitation leather cloth, rexine, etc, manufactured from pl~in cotton fabrics are as!=essed to duty under the said item sub-clauses (xiii) and (mv) seek to widen the scope of tariff items "silk fabrics" and "woollen fabrics" so that embroidery in the piece, in strips or in motifs, manufactured from plain silk or woollen fabrics, would be assessable to duty under the said items, respectively s'jb-clause (x1') seeks to widen the scope of the tariff item "rayon or artificial silk fabrics" so that embroidery in the piece, in strips or in motifs anc'l imitation leather cloth, rexine, etc, manufactured from plain rayon or artificial silk fabrics are assessed to duty under the said item sub-clause (xvi) seeks to raise the rates of duty on jute manufactures sub-clause (xvii) seeks to make a c1ariflcatory change in the item relatipg to textile fabrics impregnated or coated with preparations of cellulose derivatives or of other artiftcial plastic materials consequent upon some varieties of such impregnated or coated fabrics being included in the items relating to cotton fabrics and rllyon or artificial sdk fabrics sub-clause (xviii) seeks to omit the item relating to embroidery sub-clause (xix) seeks to change the basis for assessment of cement from weight to value sub-clause (xx) seeks to levy excise duty on certain wire bars wire rods and castings of copper and copper alloys sub-clause (xxi) seeks to levy excise duty on certain wire bars, wire rods and castings of aluminium sub-clause (xxii) seeks to levy excise duty on power driven pumps for liquids sub-clause (xxiii) seeks to change the assessment of certain electric lighting bulbs and fluorescent lighting tubes to ad valorem basis and suitably adjust the rates of duty on electric bulbs and fluorescent lighting tubes after merging therein the excise duty chargeable on glass shells sub-clause (xxiv) seeks to change the assessment of electric fans to ad valorem basis and to omit parts of electric fans from the item relating to electric fans sub-clause (xxv) seeks to levy excise duty on certain domestic electrical appliances sub-clause (xxvi) seeks to levy excise duty on unexposed cine· matograph films and raise the rates of duty on exposed cinematograph films sub-clause (xxvii) seeks to make certain changes of a clarificatory nature in the item relating to gramophones sub-clause (xxviii) seeks to levy excise duty on pilfer proof caps for packaging and on wool tops clause 31 seeks to continue up to 31-3-197(} the existing special duties of excise clame 32 seeks to provide for levy of regulatory duties of excise up to 15-5-197(} on a flexible basis within the specified ceiling rate, for regu lating or bringing greater economy in consumption clame 33-sub-clause (i) seeks to change the basis for assessment of additional excise duty (in lieu of sales tax) on sugar from weight to value sub-clause (ii) seeks to widen the scope of the tariff item "cotton fabrics" so that embroidery in the piece, in strips or in motifs and imitation leather cloth, rexine, etc, manufactured from plain cotton fabrics are assessed to additional duty under the said item sub-clauses (iii) and (iv) seek to widen the scope of the tari1f items "silk fabrics" and "woollen fabrics" so that embroidery in the piece, in strips or in motifs, manufactured from plain sllk fabr1~ or woollen fabrics would be assessable to additional duty under the aid items, respectively sub-clause (u) seeks to widen the scope of the tariff item "rayon br artificial silk fabrics" so that embroidery in the piece, in strips or in motifs and imitation leather cloth, rexine, etc, manufactured from plain rayon or artificial silk fabrics are assessed to additional duty under the said item clause 34, like section 42 of the finance act, 1968, provide~ that salt shall be duty free for another year !ncomjrr-tax and other dibect taxesthe provision contained in clause 24 of the finance bill, 1969 seeks to extend the levy of wealth-tax to agricultural lands and buildings on or near the land an'd owned and occupied or used by a cultivator or receiver of rent or revenue out of agricultural lands this will result in a considerable increase in the workload on the income-tax departmt'nt and will necessitate the employment of an additional number of officers and other staff the expenditure on this account, together with" the incidental expenses on administration, is estimated at about rs 75 lakhs as indicated hereinbelow:-no annual cost emoluments rs rs a /ucurring expenditure i officers 1,00,800 4 x 25,200 4 commissioners of income tax assistant commissioners income-tax officers (ci i) 1,68,000 16,56,0;0 lox 16,800 iso x n,040 10 iso 19,24,800 40 ,64,544 300 20 so 14 500 iso iso iso i i 1 j 10,00,000 ii staff inspectors supervisors head clerks stenographers udcs sten -typists l d co notice servers iii incidental expenses including class iv staft' 5,00,000 b non-rlcur'ring expmditur, furniture, office equipotent, etc, iimiuct 'fads clause 30 of the bill seeks to levy new excise dutl on-1 chocolates in bulk; 2 fertilisers; 3 power driven pumps; 4 domestic electrical appliances; 5 prepared or preserved foods; 6 unexposed cinematograph fums; 7 piller proof caps for packaging; and 8 wool tops besides, it is proposed to convert the specific rates of duty on nine existing commodities into cd "clm'em rates iizi (b) l8-8 the new levies will necessitate the employment of some additional staff not only in the field formations but also in the directorate of inspection and in the secretariat with the expansion of central excise tariff in coverage, conversion of specific levies into ad valorem levies and enhancement in the rates of duty on the existing commodities, it becomes necessary to-(i) strengthen the higher supervision over tariff classification and valuation of goods in the collectorates of central excise; (ii) augment the inspection staff of the directorate of inspection; (iii) keep a close watch on the trends and patterns of production, consumption and price movement of the excisable goods' for suitably adjusting the tax levels; and (iv) provide the necessary number of officers and staff in the secretariat of the board/ministry for handling the additional work additional staff requirement for the above purpose is as under:-| no | a ||-----------------------|-----------------|| tnual | || cost | || emolunents | || rs | || ra | || 2 | || 2 | || xi | || 4,000 | || 28,000 | || 2 | || 2 | || x | || 9,000 | || 18000 | || a | || recurring expenditure | || a | || for | secretariat || (a) | officer! || under | secretarics || scctiojl | || officers | || 8 | || 8 | || x | || 5,000 | || 40,000 | || (6) | staff || assistants | || stenographer | || ld | clerks || i | || 1 | || x | || 5,000 | || 5,000 | || 4 | || 4 | || x | || 3,000 | || 12,000 | || 14 | 14 || x | || 9,000 | || 1,36,000 | || b | || fc1/' | || collectorates: | || officers | || superintendents | || of | || central | || excise | || clus | ii || 7 | 7 || x | ii,ooo || assistant collectors | || c | || for | lugional || units | || of | directorate || of | || inspection, | customs || and | central excise || 4 | 4 || x | ii,ooo || 44,000 | || 2 | 2 || x | 10,000 || offictjrs | || wpecting | || officers | || (superintendents | || of | || cen | || ral | || excise cli) | || d | || statist,'cs and | || intelligence branch | || (central | || bxcilt) | || research | officers || b | || incidental | || expmus, | || contingence, | etc || total | |sub-clause (a) of clause 26 seeks to replace sub-section (2) of section 2a of the indian tariff act, 1934, by a new sub-section so as to enable thp central government to make rules for the purpose of determining the additional duty leviable on an imported article, such duty being on account of the excise duty leviable on raw materials, components or ingredients used in the production or manufacture of a like article in india the aforesaid matter in respect of which rules will be made is a matter of procedure and detail and it is hardly practicable to provide for these in the bill itself the delegation of legislative power is thus of a normal character --- , a billto give effect to the financial proposals of the central government for the financial year 1969-70 ---(shri morarji desai, deputy prime minister anj minister of finance) | Parliament_bills | 3ac3bddd-eb8e-50d1-b8e3-d74e7900ca66 |
bill no 267 of 2015 the constitution (amendment) bill, 2015 by shrimati poonam mahajan, 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 for article 331 of the constitution, the following article shall be substituted namely:—substitution of new article for article 331(a) the anglo-indian community is not adequately represented in the house of the people, nominate not more than two members of that community to the house of the people; and representation of the anglo- indian and the overseas indian communities in the house of the people(b) the overseas indian community is not adequately represented in the house of the people, nominate not more than eight members of that community, having special knowledge or practical experience in respect of such matters as business, literature, science, art, sports and social service from south asia, south east asia and asia pacific region, middle east, central asia, africa, europe, north america and south america to the house of the people"5 statement of objects and reasonsthe indian diaspora is about twenty-two million strong and spread across nearly two hundred countries the indian diaspora facilitated and promoted invaluable cultural, economic and political exchanges between india and their country of residence in this age of globalization, the tangible and intangible benefits accrued to the country's progress due to such exchanges cannot be overlooked the extraordinary success of overseas indians are celebrated widely in india and their contributions have been acknowledged by the government through pravasi bhartiya samman in addition to this, non-resident indian's voting rights were enhanced when the government accepted the election commission's recommendations for allowing non-resident indians to cast their votes through proxy voting and e-ballots in polls in indiaindia remains the largest recipient of officially recorded remittances from overseas workers in the world india received about $70 billion in remittances in 2013 thereby contributing 37 per cent to the country's gdp this amount is equivalent to 25 per cent of international reserves, 15 per cent of india's exports, 12 per cent of imports covered and surpassed earnings from information technology services that amounted to $65 billion these remittances promote prosperity and are an effective antidote to combat poverty that is rampant in our country moreover, non-resident indians bank deposits were $10384 billion for the financial year 2013-14, according to data given by the reserve bank of indiaaccording to the united nations fund for population (unfpa), despite many positive contributions made by migrated population to the development of countries of their origin, it is essential that these non-resident persons are not seen solely as agents of development they are human beings and nations of their origin have an obligation to give them their due rights and protectioninspite of the separate ministry dedicated for the welfare of overseas indians, millions of emigrants staying abroad are facing problems like poor working conditions, low wages and human rights abuses in the country of their residence and harassment by authorities for doing business in india, admission of their children in education institutions and lack of legal assistance in indiain order to evolve an inclusive approach as well as commemorating one hundredth anniversary of mahatma gandhi's return to india, representation to overseas indian community in the house of the people should be allowed so that myriad problems faced by them in different parts of the world can be adequately addressedthe bill, therefore, seeks to amend the constitution with a view to provide that the president shall nominate not more than eight members in the house of the people, from amongst the persons having special knowledge or practical experience in respect of such matter as business, science, art, sports and social service, from amongst overseas indian community representing south asia, south east asia and asia pacific, the middle east, central asia, africa, europe, north america and south americanew delhi;poonam mahajanjuly 9, 2015 financial memorandumclause 2 of the bill seeks to amend article 331 of the constitution, with a view to provide representation of overseas indian community in the house of the peoplearticle 106 of the constitution provides that the members of either house of parliament shall be entitled to receive such salaries and allowances as may from time to time be determined by parliament by lawthe bill, therefore, if enacted, will involve expenditure from the consolidated fund of india it is estimated that a recurring expenditure of rupees forty-five crore would be involved per annuma non-recurring expenditure of about rupees five crore is also likely to be involved annexure extract from the constitution of india 331 notwithstanding anything in article 81, the president may, if he is of opinion that the anglo-indian community is not adequately represented in the house of the people, nominate not more than two members of that community to the house of the people representation of the anglo- indian community in the house of the people lok sabha———— a billfurther to amend the constitution of india————(shrimati poonam mahajan, mp)gmgipmrnd—3170ls(s3)—02-12-2015 | Parliament_bills | c4cc6acd-bc7d-5bc3-8a88-2fd0557344ac |
bill no 117 of 1969 the appropriation (no6) bill, 1969 a bill to authorise payment and appropriation of certain further sums from and out of the consolidated fund of india for the services of the financial year 1969-70 be it enacted by parliament in the twentieth year of the republic of india as follows:-1 this act may be called the appropriation (no6) act, 1969 short title 2 from and out of the consolidated fund of india there may be paid 5 and applied sums not exceeding those specified in column 3 of the schedule amounting in the aggregate to the sum of eighteen crores, fifty-one lakhs and seventy-four thousand rupees towards defraying the several charges which will come in course of payment during the financial year 1969-70, in respect of the services specified in column 2 of the schedule -issue of rs 18,51, 74,000 out of the consolidated fund of india for the year 1969-70 appropriation 3 the sums authorised to be paid and applied from and out of the 10 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 statement of objects and reasonsthis bill is introduced in pursuance of article 114 (1) of the constitution of india, read with article 115 thereof, to provide for the appropriation out of the consolidated fund of india of the moneys required to meet the supplementary expenditure charged on the consolidated fund of india and the grants made by the lok sabha for expenditure of the central government excluding railways, for the financial year 1969-70 p c sethi president's recommendation under article 117 of the constitution of india[copy of letter no f 5 (14)·bi69 dated the 7th december, 1969 from shri prakashchand b sethi 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 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, 1970, recommends the introduction of the appropriation{ (no6) bill, 1969 in the lok sabha and also recommends to the sabha the consideration of the bill under article 117 (1) and (3) of the constitution read with article 113 thereof 2 the bill will be introduced in the lok sabha after all the supplementary demands for grants for 1969-70 have been voted a bill to authorise payment and appropriation of certain further @\uus from and out of the consolidated fund of india for the services of the financial year 1¢9-70 (shri prakashchand b sethi, mim'ster of state in the ministry of finance) | Parliament_bills | 96d4d0c5-e9e5-5ce4-a622-ddb59a46c1c1 |
am no 102 ot ~ the additional duties of excise (goods of special importance) amendment bill,i969 a billfurther to amend the additional duties of e:mae (goodl of special importance) act, 1957 be it enacted by parllament in the twentieth year of the republic of india as follows:-1 (1) this act may be called the additional duties of excise short (goods of special importance) amendment act, 1969 title and com mencement s (2) it shall be deemed to have come into force on the lst day of april, 1988 amendmemof ionctitle z in the additional duties of excise (goods of special importance) act, 1957 (hereinafter referred to 88 the principal act), in the long title, for the figures, letters and words "12th day of august, 1965", the 10 figures, letters and words "31st day of july, 1969" shall be substi~ced ~d schedule (a) in paragraph 1, tbe words "silk fabric:s," iha1l be omitted; (b) bt paragraph z,-(i) for the fiirures "1986", the fi8ures "1_" allan be substituted; (ii) in clause (a), for the figu1'es "15", the fiaures "083" shall be substituted; (iii) in clause (b) for the figures "005", the figures "cu9" sball be substituted; (tv) in clause (c), in sub-clause (ii), for the firures "9745", 10 tbe ~ "9703" shall be substituted; (v) in the first pro\'iso, for the words "silk fabries, woollen fabrics and rayon or arti1kial silk fabries", the words "wooded fabrics, rayon or artificial silk fabrics or one or more of them" sball be substituted; is (vi) tbe provisos below the table shall be omitted; (vii) for the table, the following table shall be substituted namely:-2 i state rupees in lakbs andhra pradesh 813 235·14 a~sam 11508 13016 :&47 840 bihar guier,,! 6·33 3:&3·45 haryana 1·;0 65·49 kci1lla 9s08 madhya pradelb 155·17 maharubtta 637·77 10010 mjiore orissa &s·io 96'07 4·84 6·'4 11·89 600 '·13 29b punjab rajuthan 90·10 4·43 tamil nldu 28s ·34 9·61 uttar pl'icieah s1s 8j la'99 a80'41 b·7''', 3' west8edpl ---------- --- statement of objects and reasonsthe net proceeds of the additional duties of excise levied under the additional duties of excise (goods of special importance) act, 1957, on sugar, tobacco, cotton fabrics, woollen fabrics and rayon or artiftclal idlk fabrics, in replacement of the states' sales taxes on these commodities, are distributed in accordance with the provisions of that a~t the fifth finance commission, constituted under article 280 of the constitution, have in their report recommended (1) that it would not be desirable to maintain the existing arrangements in this regard unless government after discussing the matter further with the state c'nwenunents can arrive at a general agreement for continuance of the present arrangements with suitable modifications and (u) that so long as the existing arrangements continue the net proceeds from the above dutfes should be distributed in the manner indicated by them the commission's recommendation regarding the continuance of the present arrangements will be placed before the national development council as early as possible meanwhile this bill seeks to amend the additional duties of excise (goods of special importance) act 1957, for giving effect to the recommendations made by the commission for the distribution among the states of the net proceeds of additional duties of excise levied and collected under the above act, other than the proceeds of the duties attributable to union territories new dam; p c sethi the 14th october, 1969 president's recommendation under articles 117 and 274 of the constitution of india[copy oi letter no f2(2)-fcci69, dated the 4th november, 1969 from shri prakashchand b sethi, 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 further amend the additional duties of excise (goods of special importance) act, 1957 in pursuance of the principles of distribution formulated and the recommendations made by the finance commission in its final report dated the 31st day of july, 1969, recommends under article 117(1) and (3) of the constitution· of india read with article 274(1) thereof, the introduction of the additional duties of exeise (goods of special importance) amendment bill, 1969, in the lok babha and also the consideration of the bill financial memorandumclause 3 of the bill provides for payment to ~ates· of their share of additional duties of ,excise levied on sugar, tobacco, cotton fabrics, woollen fabrics and rayon ,or artificial silk fabrics, levied and; couectedunder the additional duties of excise (goods of special im~ance) act, 1957 in terms of the provision in the act, the entire netproceeda except tbe proceeds attributable to union territories are distributable to the states~ the states' share of the additional excile duues duritlg ,the current year at the exilttn, level of taxation is expected to amount to· about rs 805'1 crores the 001 does not involve any· non-l'ecurringrxpendtture ex'l'racts nom nle addmonal dutifs of excisb (goods or snciu importu«:e) act, 1957 (58 of 1957)an act to provide' for the levy and collection of adclitional··~a of ucile on certain good~ and for the distribution of 4 patti qt,tim net proceeds thereof among the states in pur8u4nce of the principle of distribution formulated and the recommendations made by 'the fmanee comminion in its report dated the 12th day of augun" 1965 '" - '" '" the second schedule (see section 4) 1 in this schedule, "net proceeds", as respects any ftnancial year, means the net proceeds of the additional duties in respect of sugar, tobacco, cotton fabrics, silk fabrics, woollen fabrics and rayon or artiticial silk fabrics levied and collected during that financial yeu z during each of the financial years commencing on and after the 1st day of april, 1966, there shall be paid,-(4) to the state of ,jammu and kashmir a sum equal to 15 'per cent of the net proceeds; (b) to the i~tate of nagaland a sum equal to 001 per cent of the net proceed; and (c) to each of the sta:tes specified in the first column of the 'l'able- (i) a sum equal to the amount specified against that state intbe second colamn of the table; and (ii) if the total of the sums specified in the second column of the table is less than 9745 per cent of the net proceeds by any amount, a further sum equal to such percentage of that amount as is specified against that state in the thin! column of the table: provided that if during that financial year there is levied and colleeted in any state a tax on the sale or purchase of sugar, tobacco, eotton fabrics, silk fabrics, woollen fabrics and rayon or art1ftcial silk fabrics by or under any law of that state, no sums shall be payable to that state under clause (a), or clause (b), or, as the case may be, under c1auae (c) in respect of that financial year, unless the central government by special order otherwise directs a~p,deeb :1)5·3,4 7, •• 8508 ahml 1·98 130, 16 6,17 blbar oulart 3a3 ,4' kenla 1·43 ,6, 95·0s madhya pradesb 155· 17 4·6a madra :a8s·j4 11·13 maharashtre 19·87 "37·77 100,10 my'ote ,a1 oriss4 tis 10 :a,8 punjab sol 175·19 9ojo rajasthan 3,11 uttar pradeah 515·11 783 westbatpl 119): abo·41 provided that the share of the additional duties of excile payable to the state of punjab as it existed immediately before the 1st day of november, 1966, shall be construed, as from that date, as payable to the state of haryana and the state of punjab and the union in the proportion of 37'38: 54'84: 7'78: provided further that the share allocable to the union shall be retained by it and shall not be withdrawn from the consolidated fund of jndia a bill further to amend the additional duti~ of excise (goods of speciallmponance) ·act, 1957 (shri praluuhchand b sethi, minister of state in the ministry of finance) | Parliament_bills | eba6b890-b472-5089-841e-fad3870ca4e7 |
bill no 191 of 2018 the compulsory military training bill, 2018 byshri om prakash yadav, mp a billto make military training compulsory for all able-bodied citizens and for matters connected therewithbe it enacted by parliament in the sixty-ninth year of the republic of india as follows:—1 (1) this act may be called the compulsory military training act, 2018(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, appoint52 in this act, unless the context otherwise requires,—definitions(a) "appropriate government" means in the case of a state, the government of that state and in the case of a union territory, the central government; and(b) "person" means a citizen of india above the age of fourteen years but less than fifty years 3 (1) the central government shall provide military training to all able-bodied persons for a period of not less than one yearcompulsory military training5(2) the central government shall establish such number of institutions and take such other necessary steps, as it may deem fit to give effect to the provisions of sub-section (1)(3) every person who successfully completes training under sub-section (1) shall be awarded a certificate to that effect by the central government104 the appropriate government shall give preference to persons who have successfully completed their military training in services under defence, para-military forces and such other establishments and organisations, as it may deem fit, for proper utilization of talent:employment to those who have undergone military training15provided that all such persons, who, after successful completion of their military training remain unemployed, shall be given unemployment allowances at such rate, as may be determined from time to time, by the appropriate government till they are gainfully employedpower to make rules5 (1) the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act20 25(2) every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both the houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule statement of objects and reasonsalmost all developing countries, even those smaller in size, population and resources than india, are providing compulsory military training to their citizens providing compulsory military training to able-bodied citizens does not in any way run counter to the ideal of international peace and harmony, which has been the hall-mark of india's foreign policy since independence military training does not necessarily encourage the pugnacity of individual or the belligerence of the nation-states on the contrary it inculcates qualities of discipline and sacrifice and fosters in each individual the spirit of brotherhood and amity a well integrated and a coordinated programme of military training would be immensely beneficial to channelise the vast energies of our youth and would lead to their all-round development and enhancement of the welfare of the nation people can defend and safeguard their houses from robbery and dacoity which are increasing day by day many innocent people are murdered in broad day light with extremist activities on the rise in the country and the government being not able to provide adequate protection to general public, self-defence becomes a must for every individualthe bill, therefore, seeks to provide for compulsory military training to all able-bodied citizensnew delhi;om prakash yadavnovember 28, 2018 financial memorandumclause 3 of the bill provides that the central government shall provide compulsory military training to all able-bodied persons for a period of not less than one year and for the purpose shall establish such number of institutions and shall take such other necessary steps, as it may deem fit clause 4 provides that persons who have undergone military training and remain unemployed shall be given unemployment allowance the central government will have to incur expenditure in respect of the union territories for carrying out the provisions of the bill the central government may also have to assist the state governments for carrying out the provisions of this bill the bill, therefore, if enacted, would involve expenditure from the consolidated fund of india it is likely to involve an annual recurring expenditure of about rupees seven thousand crore per annuma non-recurring expenditure of about rupees one thousand 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—————— a billto make military training compulsory for all able-bodied citizens and for matters connected therewith————(shri om prakash yadav, mp)mgipmrnd—2088ls—14-12-2018 | Parliament_bills | 2a53688f-199c-59d5-ad50-73f3fda7aca6 |
dui no loa of 1,,7 the cotton fabrics (additional excise duty) (rbpeal) lhll, 1967 a btllto provide fot the repeal of the cotton fabrics (additional excue duty) act, 1957 be it enacted by parliament in the eighteenth year of the republic of india as follows:-1 this act may be called the cotton fabrics (additional excise short duty) (repeal) act, 1967 title s 2 the cotton fabrics (additional e)(cise duty) act, 1957, is rupeal hereby repealed or act 33 of 1957 statement of objects and reasonsthe cotton fabrics (additional excise duty) act, 1957 (33 of 1957), was enacted in september, 1957, with a view to enabling the collection of an extra excise duty by way of penalty on shortfall in exports vis-ct-vis the export obligation in respect of cotton cloth manufactured on automatic looms allowed to be installed in the cotton t-extile industry there was, however, no occasion for the enforcement of the provisions of the act in view of the procedure evolved subsequently for execution of a bond and a guarantee by the mills concerned it has accordingly been decided to repeal the said act and the present bill provides for such repeal new delhi; dlnesh singh the 27th june, 1967 president's recommendation under article 117 of the constitution of indiaiextract from letter no 24/9/60-tax(h), dated the 30th june, 1967 from shri dine'sh singh, minister of commerce to the secretary, lok sabha] - - - - - the president having been informed of the subject matter of the cotton fabrics (additional excise duty) (repeal) bill, 1967, recommends unde!" clause (1) of article 117, read with sub-clauae (a) of clause (1) of article 110, of the constitution of india, the introduc-tion of the bill - - - , a bill to provide for the repeal of the cotton fabrks (additional excise duty) act, 1957 | Parliament_bills | 34600fed-59c7-54f6-bb01-5ff83f267e16 |
annexureextract from the securities and exchange boarb of inpia act, 1992 4 (1) the board shall consist of the following members, namely:- management of the board (a) a chairman; (b) two members from amongst the officials of the ministries of the central government dealing with finance and law; (c) one member from amongst the officials of the reserve bank of india constituted under section 3 of the reserve bank of india act, 1934, (d) two other members, to be appointed by the central government | Parliament_bills | 9e5bdaca-ebe2-5e38-879e-24547ac4301d |
bill no 68 of 2011 the protection of civil rights (amendment) bill, 2011 byshri mohan jena, mp a billfurther to amend the protection of civil rights act, 1955be it enacted by parliament in the sixty-second year of the republic of india as follows:—short title1 this act may be called the protection of civil rights (amendment) act, 201122 of 1955amendment of section 32 in section 3 of the protection of civil rights act, 1955 (hereinafter referred to as the principal act),—5(i) for the words "one month and not more than six months and also with fine which shall not be less than hundred rupees and not more than five hundred rupees", the words "one year and also with fine which shall be not less than fifty thousand rupees" shall be substituted; and10(ii) in explanation, after the words "arya samaj", the words "members ofscheduled castes and who follow international society for krishna consciousness (iskcon) faith" shall be inserted3 after section 3 of the principal act, the following sections shall be inserted, namely:—insertion of new sections 3a and 3b duty of the district magistrate5"3a it shall be the duty of the district magistrate or collector or his subordinateofficer, by whatever name called, to ensure that no member of the scheduled caste is discriminated against or prevented from entering any place of public worship for any reason, within the jurisdiction of such district magistrate or collectorpunishment3b if the district magistrate or collector fails to perform their functions assignedunder section 3a, he shall be subject to such disciplinary action as the appropriate government may think necessary"amendment of section 4104 in section 4 of the principal act, for the words "one month and not more than sixmonths and also with fine which shall not be less than one hundred rupees and not more than five hundred rupees", the words "one year and also with fine which shall not be less than fifty thousand rupees" shall be substitutedamendment of section 6155 in section 6 of the principal act, for the words "one month and not more than sixmonths and also with the fine which shall not be less than one hundred rupees and not more than five hundred rupees", the words "six months and not more than one year and also with fine which shall not be less than twenty thousand rupees" shall be substituted6 in section 7 of the principal act,—amendment of section 720(i) in sub-section (1), for the words "one month and not more than six monthsand also with the fine which shall not be less than one hundred rupees and not more than five hundred rupees", the words "six months and also with fine which shall not be less than fifty thousand rupees" shall be substituted; and(ii) in sub-section (2), for the words "one month and not more than six monthsand also with the fine which shall not be less than one hundred rupees and not more than five hundred rupees", the words "six months and also with fine which shall not be less than fifty thousand rupees" shall be substituted25amendment of section 7a7 in section 7a of the principal act, in sub-section (1), after the words, "to do anyother job of a similar nature", the words "including beating of drums, blowing of conch during religious congregation or festivals or any other work of menial nature" shall be inserted8 in section 11 of the principal act,—30amendment of section 11(i) in clause (a), for the words "six months and not more than one year, and alsowith fine which shall not be less than two hundred rupees and not more than five hundred rupees", the words "two years, and also with fine which shall not be less than fifty thousand rupees and not more than one lakh rupees" shall be substituted;35(ii) in clause (b), for the words "one year and not more than two years and alsowith fine which shall not be less than five hundred rupees and not more than one thousand rupees", the words "two years and not more than three years and also with fine which shall not be less than one lakh rupees" shall be substitutedamendment of section 15a9 in section 15a of the principal act, in sub-section (2), for sub-clause (v), the followingsub-clause shall be substituted, namely:—40"(v) provision for a survey after every six months, of the working of the provisions of this act, alongwith a copy of the survey report to the central government with a view to monitoring the cases relating to practice of untouchability and measures for the better implementation of the provisions of this act;" statement of objects and reasonsour constitution establishes a secular state in which religious liberty is guaranteedarticles 25 and 26 guarantee religious freedom to all persons residing in the country in pursuance of articles 17, 25 and 26, the union government enacted the protection of civil rights act, 1955the protection of civil rights act, 1955 was enacted with a view to securing the civil rights to the dalit citizens particularly the scheduled castes under the provisions of the constitutionin spite of enactment of the act and several court orders, the members of the scheduled castes are still prevented from entering into the place of worship and temples by the caste hindus dalits are at the receiving end in issues like entry to temples and right to participate in religious festivals they face stiff opposition and attacks from caste hindus due to untouchability on caste ground temples continue to be spaces for deprivation, oppression and resistance and remain a major source of caste clashesrecently, there have been cases when the person holding constitutional posts were not allowed to enter in the precinct of temples when they divulged the facts of their caste affiliation before attempting to enter the temples situated in the state of odishait is, therefore, necessary to suggest harsh measures against a person who prevents any member of the scheduled caste from entering into temples or place of worship on the basis of his caste affiliation it is also necessary to fix the responsibility of the district administration to protect the civil rights of the persons belonging to the scheduled castes under the provisions of the protection of civil rights act, 1955the bill seeks to amend the protection of civil rights act, 1955 with a view to:— (i) enhance the quantum of punishment for offences of preventing entry of the persons belonging to the scheduled castes into temples;(ii) fix the responsibility of the district administration to protect the civil rights of the persons belonging to the scheduled castes;(iii) prevent any person from compelling a member of the scheduled caste for doing any menial work;(iv) bring members of scheduled castes and followers of international society for krishna consciousness (iskcon) faith and believe in hinduism, within the ambit of the act; and(v) provide the provision of six monthly periodic survey and reporting to central governmenthence this billaugust 2, 2011 annexure extracts from the protection of civil rights act, 1955| | | | | | | ||------|------|------|------|------|------|-----|3 whoever on the ground of "untouchability" prevents any person—| ( | a | ) | | | | ||-----|-----|--------|------|------|------|-----|punishment for enforcing religious disabilities| ( | b | ) | | | | ||-----|-----|--------|------|------|------|-----|shall be punishable with imprisonment for a term of not less than one month and not more than six months and also with fine which shall not be less than one hundred rupees and not more than five hundred rupeesexplanation—for the purposes of this section and section 4 persons professing the buddhist, sikh or jaina religion or persons professing the hindu religion in any of its forms or development including virashaivas, lingayats, adivassis, followers of brahmo, prarthana, arya samaj and the swaminarayan sampraday shall be deemed to be hindus4 whoever on the gound of ''untouchability'' enforces against any person any disability with regard to—(i) punishment for enforcing social disabilities(ii) (iii) (iv) (v) (vi) (vii) (viii) (ix) (x) (xi) shall be punishable with imprisonment for a term of not less than one month and not more than six months and also with fine which shall be not less than one hundred rupees and not more than five hundred rupees| | | | | ||------|------|------|------|-----|punishment for refusing to sell goods or render services6 whoever on the ground of ''untouchability'' refuses to sell any goods or refuses to render any service to any person at the same time and place and on the same terms and conditions at or which such goods are sold or services are rendered to other persons in the ordinary course of business shall be punishable with imprisonment for a term of not less than one month and not more than six months and also with fine which shall be not less than one hundred rupees and not more than five hundred rupees7 (1) whoever—| ( | a | ) | | | | | ||---------------------|-----|--------|------|------|------|------|-----|| punishment for | | | | | | | || other offences | | | | | | | || arising out of | | | | | | | || ''untouchability'' | | | | | | | || ( | b | ) | | | | | || ( | c | ) | | | | | |(d) shall be punishable with imprisonment for a term of not less than one month and not more than six months, and also with fine which shall be not less than one hundred rupees and not more than five hundred rupees(2) whoever—(i) (ii) shall be punishable with imprisonment for a term of not less than one month and not more than six months, and also with the fine which shall be not less than one hundred rupees and not more than five hundred rupees7a (1) whoever compels any person, on the ground of ''untouchability'', to do any scavenging or sweeping or to remove any carcass or to flay any animal, or to remove the umbilical cord or to do any other job of a similar nature shall be deemed to have enforced a disability arising out of ''untouchability''unlawfulcompulsorylabour whento be deemedto be apractice of''untouchability'' 11 whoever having already been convicted of an offence under this act or of an abetment of such offence is again convicted of any such offence or abetment, shall, on conviction, be punishable—enhancedpenalty onsubsequentconviction (a) for the second offence, with imprisonment for a term of not less thansix months and not more than one year, and also with fine which shall be not less thantwo hundred rupees and not more than five hundred rupees; (b) for the third offence or any offence subsequent to the third offence withimprisonment a term of not less than one year and not more than two years, and alsowith fine which shall be not less than five hundred rupees and not more than onethousand rupees 15a (1) (2) (i) (ii) (iii) (iv) duty of stategovernment toensure that therightsaccruing fromthe abolitionof''untouchability''may beavailed of bythe concernedperson(v) provision for a periodic survey of the working of the provisions of this actwith a view to suggesting measures for the better implementation of the provisionsof this act;| | | | | ||------|------|------|------|-----| lok sabha———— a billfurther to amend the protection of civil rights act, 1955————(shri mohan jena, mp)gmgipmrnd—1264ls(s3)—25-08-2011 | Parliament_bills | f7b75212-33c8-5620-b195-c9e009a0ea23 |
bill no 114 of 2016 the constitution (amendment) bill, 2016 by shri sunil kumar singh, 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:—short title1 this act may be called the constitution (amendment) act, 2016amendment of article 7252 in article 72 of the constitution, after clause (3), the following clause shall be added, namely:—"(4) nothing in this article shall apply to the punishment or sentence of any person convicted of—(i) waging, or attempting to wage war, or abetting waging of war, against the government of india; or10(ii) conspiracy to wage war against the government of india by means or criminal force or show of criminal force within or outside india; or(iii) collecting arms with intention of waging war against the government of india; or(iv) concealing the existence of a design to wage war or facilitating the waging of such war against the government of india"15 statement of objects and reasonsarticle 72 of the constitution empowers the president of india to grant pardon, etc, and to suspend, remit or commute sentence in certain caseshowever, cases like attack on parliament house in the year 2001 and later attack on mumbai known as 26/11 attack in the year 2008 have been held as acts of waging war against india by the supreme court afzal guru, the convict in the case of attack on parliament made a clemency petition to the president ajmal kasab, the accused of mumbai attack, also made a clemency petition to the president yakub menon, the convict in the case of mumbai serial blasts, 1993, had also made a clemency petition to the president in all the cases, the clemency petitions were not allowed by the president but such clemency petitions cause delay in justice and provide time to the convictsthe acts of violence perpetuated by the above accused amount to waging war against india and, therefore, should not be considered on par with other offences the feeling of law-abiding citizens of india is that the sentence be executed immediately and such convicts should not be given the benefit of exceptional provision in the constitution of indiatherefore, the provision of president's discretion of pardoning or suspending the sentence pronounced by the supreme court of india should not be available to persons convicted of offence like waging of war against government of indiahence this billnew delhi;sunil kumar singhapril 13, 2016 annexureextract from the constitution of india part v the union chapter 1—the executivethe president and vice-president 72 (1) the president shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence—(a) in all cases where the punishment or sentence is by a court martial;power of president to grant pardons, etc, and to suspend, remit or commute sentences in certain cases(b) in all cases where the punishment or sentence is for an offence against any law relating to a matter to which the executive power of the union extends;(c) in all cases where the sentence is a sentence of death (2) nothing in sub-clause (a) of clause (1) shall affect the power conferred by law on any officer of the armed forces of the union to suspend, remit or commute a sentence passed by a court martial(3) nothing in sub-clause (c) of clause (1) shall affect the power to suspend, remit or commute a sentence of death exercisable by the governor of a state under any law for the time being in force lok sabha———— a billfurther to amend the constitution of india————(shri sunil kumar singh, mp)gmgipmrnd—251ls(s3)—02-05-2016 | Parliament_bills | 3d7eac19-33a7-5945-a662-019000d91984 |
annexure extract from the payment of bonus act, 1965(no 21 of 1965) definitions 2s a (13) "employee" means any person (other than an apprentice) employed on a salary or wage not exceeding (three thousand and five hundred rupees) per mensem in any industry to do any skilled or unskilled, manual, supervisory, managerial, administrative, technical or clerical work for hire or reward, whether the terms of employment be express or implied ie % oe calculation 12 where the salary or wage of an employee exceeds two thousand and five hundred rupees per mensem, the bonus payable to such employees under section 10 or, as the case may be, under section 11, shall be calculated as if his salary or wage were two thousand and five hundred rupee of bonus with respect to certain employees | Parliament_bills | 17ad3305-2b57-5226-8edb-b4d1ca09825c |
bill no 124 of 2021 the constitution (one hundred and twenty-seventh amendment) bill, 2021 a billfurther to amend the constitution of indiabe it enacted by parliament in the seventy-second year of the republic of india as follows:—2 in article 338b of the constitution, in clause (9), the following proviso shall be inserted, namely:—amendment of article 338b"provided that nothing in this clause shall apply for the purposes of clause (3)of article 342a" 3 in article 342a of the constitution,—5amendment of article 342a(a) in clause (1), for the words "the socially and educationally backward classes which shall for the purposes of this constitution", the words "the socially and educationally backward classes in the central list which shall for the purposes of the central government" shall be substituted;10(b) after clause (2), the following shall be inserted, namely:—'explanation— for the purposes of clauses (1) and (2), the expression"central list" means the list of socially and educationally backward classes prepared and maintained by and for the central government15(3) notwithstanding anything contained in clauses (1) and (2), every state or union territory may, by law, prepare and maintain, for its own purposes, a list of socially and educationally backward classes, entries in which may be different from the central list'amendment of article 3664 in article 366 of the constitution, for clause (26c), the following clause shall be substituted, namely:—20'(26c) "socially and educationally backward classes" means such backward classes as are so deemed under article 342a for the purposes of the central government or the state or union territory, as the case may be' statement of objects and reasonsthe constitution (one hundred and second amendment) act, 2018 has inserted three new articles, that is, 342a, 366(26c) and 338b in the constitution whereas article 338b has constituted the national commission for backward classes, article 342a has dealt with the central list of the socially and educationally backward classes (commonly known as the other backward classes) and article 366 (26c) has defined the socially and educationally backward classes2 the legislative intent at the time of passing of the constitution (one hundred and second amendment) act, 2018 was that it deals with the central list of the socially and educationally backward classes (sebcs) it recognises the fact that even prior to the declaration of the central list of sebcs in 1993, many states/union territories are having their own state list/union territory list of obcs the same was clarified in parliament that the states and union territories may continue to have their separate state list/union territory list of sebcs the castes or communities included in such state list or union list of backward classes may differ from the castes or communities included in the central list of sebcs3 although since 1993, there always existed separate lists of the central government and that of the state governments and union territories, a question has arisen after enactment of the constitution (one hundred and second amendment) act, 2018 as to whether the said amendments to the constitution mandated for a single central list of sebcs specifying the sebcs for each state, thereby taking away the powers of the state to prepare and maintain a separate state list of sebcs4 in order to adequately clarify that the state government and union territories are empowered to prepare and maintain their own state list/ union territory list of sebcs and with a view to maintain the federal structure of this country, there is a need to amend article 342a and make consequential amendments in articles 338b and 366 of the constitution5 the bill seeks to achieve the above objectivesnew delhi;virendra kumarthe 4th august, 2021 annexure extracts from the constitution of indiasocially and educationally backward classes 342a (1) the president may with respect to any state or union territory, and where it is a state, after consultation with the governor thereof, by public notification, specify the socially and educationally backward classes which shall for the purposes of this constitution be deemed to be socially and educationally backward classes in relation to that state or union territory, as the case may be(2) parliament may by law include in or exclude from the central list of socially and educationally backward classes specified in a notification issued under clause (1) any socially and educationally backward class, but save as aforesaid a notification issued under the said clause shall not be varied by any subsequent notification| | | | | ||------|------|------|------|-----|definitions366 in this constitution, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say—| | | | | ||------|------|------|------|-----|(26c) "socially and educationally backward classes" means such backward classes as are so deemed under article 342a for the purposes of this constitution; ———— a billfurther to amend the constitution of india————(dr virendra kumar, minister of social justice and empowerment)mgipmrnd—623ls(s3)—05-08-2021 | Parliament_bills | f3f9b530-f05d-5ff8-8534-9c5a640676c1 |
the kerala state legislature (delegation of powers) bill, 1956(as introduced in lolt sabra) the kerala state legislature (delegation of powers) bill, 1956 (as introduced in lob: sabra) a billto confer on the president the power of the legislature of the state of keraza to make laws b it enacted by parliament in the seventh year of the republic ~f india as follows:-1 this act may be called the kerala state legislature (delega- short title tion of powers) act, 1956 5 2 in this act, "proclamation" mmili the proclamation issued on definition the 1st day of november, 1956, by the president under clause (1) of article 356 of the constitution 3 (1) the power of the legislature of the state of kerala to conferment make laws, which has been declared by the proclamation to be ~i~!~~ !tilie 10 exercisable by or under the authority of parliament, is hereby con- power of the ferred on the president state legis· - lature~ (2) in the exercise of the said power, the president may, from time to time, whether parliament is or is not in session, eilflct as a president's act a bill containing such provisions as he coililiders is necessary: provided that before enacting any such act, the president shall, whenever he considers it practicable to do so, consult a committee constituted for the purpose consisting of all the members of the house of the people and the council of states who for the time being 20 fill the seats allotted to the state of kerala in the two houses (3) every act enacted by the president under sub-section (2) shall, as soon as may be after enactment, be laid before each house of parliament (4) either house of parliament may, by resolution passed within seven days from the date on which the act has be~n laid before it ! under sub-section (3), direct any modifications to be made in the act and if the modifications are agreed to by the other house of parliament during the session in which the act has been so laid before it ,or the session sw:ceeding, such modifications shall be given effect to by the president by enacting an amending act under sub- 10 section (2):' provided that nothing in this sub-section shall affect the validity of the act or of any action taken thereunder before it is so amended statement of ·objects and reasonsunder the proclamation of the president dated the 1st november, 1956, the powers of the legislature of the kerala state are now exercisable by or under the authority of parliament such legislative measures as may be necessary for the state can be taken up by parliament only by postponing its business and even then, it is likely that parliament may not have the time to deal with all legislative measures for the state it is therefore proposed that parliament should, in accordance with the provisions of article 357 (1) of the constitution, confer by law on the president the power of the legislature of the state of kerala to make laws for the state the present bill is intended to give effect to this proposal g b pant new delhi; the 10th decem-g8t~ 1956 , a bill to confer on the president the power of the legislature of the state of kerala to make laws (shri govind ballabh pant, minister of home affairs) | Parliament_bills | 1a9c6d9c-7acf-5138-80d5-6807cd78a3e1 |
bill no 64 of 2017 the health insurance scheme bill, 2017 by shri ashwini kumar choubey, mp a billto provide for framing of a comprehensive health insurance scheme in the country and for matters connected therewith be it enacted by parliament in the sixty-eighth year of the republic of india as follows:—1 (1) this act may be called the health insurance scheme act, 2017(2) it extends to the whole of indiashort title, extent and commencement5(3) it shall come into force on such date as the central government may, by notificationin the official gazette, appointdefinitions2 in this act, unless the context otherwise requires,—(a) "corporation" means the health insurance corporation of india established under section 3;(b) "doctor" means a physician practicing in any recognised system of medicine;5(c) "family" means husband, wife, minor sons and daughters, dependent brother, sister and parents;10(d) "hospital" means any clinic, dispensary, medical first-aid centre, hospital, nursing home, medical consultancy centre, indoor treatment centre or a research centre, where patients are treated and includes a place where medical consultation is offered to a patient;(e) "medicine" means any drug or medicine, whether used internally or exterenally, or any life saving support system or any medicine required for physical and mental well being and includes all systems of medicine;(f) "prescribed" means prescribed by rules made under the act; and15(g) "treatment" means consultation, prescription, any investigation leading to diagnosis of disease, any type of treatment provided by any hospital and includes replacement of human organs and any treatment for physical and mental well being of the patient203 (1) the central government shall, by notification in the official gazette, establish a corporation to be known as health insurance corporation of india for carrying out the purposes of this actestablishment of health insurance corporation of india(2) the corporation shall consist of—(i) a chairperson; (ii) one representative of the union ministry of finance, as member;25(iii) one representative of the union ministry of health and family welfare, as member;31 of 1956(iv) one representative of the life insurance corporation of india established under the life insurance corporation act, 1956, as member;(v) one representative of medical profession, as member;30(vi) one representative of banking service, as member; (vii) one representative of distinguished social workers, as member; and(viii) one representative of legal profession, as member, to be appointed by the central government in such manner as may be prescribed(3) the headquarter of the corporation shall be at new delhi35(4) the corporation may set up regional offices at every state capital and at such other places as it may deem fit(5) the corporation shall set up a branch office in every city having a population of more than one million and in every district:40provided that the corporation may set up more than one branch in a district keeping in view the population and requirement of that district(6) the salary and allowances payable to and other terms and conditions of service of chairperson and members of the corporation shall be such as may be prescribed4 (1) the central government shall appoint such number of officers and other employees, as it may deem appropriate, for efficient functioning of the corporation(2) the salary and allowances payable to and other terms and conditions of service of officers and other employees of the corporation shall be such as may be prescribed55 the corporation shall frame an insurance scheme for providing medical and healthcare to all citizens of the countryappointment of officers and employees to the corporation formation of insurance scheme issuing of identity cards6 every family shall be given an identity card, containing the details of more members of the family who shall be entitled to benefits under this act including specialized treatment and such other particulars as may be prescribed10payment ofpremium7 (1) every family shall pay such amount as premium as may be prescribed to avail thebenefits under this act(2) while fixing the premium under sub-section (1), the following factors shall be taken into consideration, namely:—(i) the number of members in the family;15(ii) the annual income of the family; (iii) any previous history of disease or any medical problem to any member ofthe family; and(iv) the number of average visits to a hospital during the previous year8 the premium shall be payable at,—20(i) any branch of the corporation; orplaces for payment for premium(ii) the nearest commercial or cooperative bank; or (iii) mobile outlets of the corporation; or(iv) such other place as may be fixed by the corporation259 no family shall be entitled to benefits under this act unless the full amount of premium has been paidnonavailability of benefits for non-payment of premium benefits10 every family shall be entitled to the following benefits, namely:—(a) treatment from any hospital or a doctor; and(b) medicine from any medical shop:30provided that the corporation may, allow a person for specialised treatmenton payment of such further permium, as it may determine11 subject to the provisions of this act, a person availing of the benefits under this act shall not be required to pay any extra money, other than the premium, for treatment or cost of medicines or services availed in a hospitalno payment for treatment of medicines or other services3512 any hospital or doctor or a medical shop shall make an application to the nearest office of the corporation for reimbursement of expenses in connection with the treatment or for the cost of medicines, in such manner as may be prescribedreimbursement of expenditure for treatment medicine, etc13 the corporation shall, as soon as possible, but not later than ten days from thedate of receipt of an application under section 12, make the payment to the hospital, doctor or medical shop, as the case may betime limit for making payment by corporationpunishment14 whoever violates the provisions of section 13 shall be punished with a fine ofrupees one thousand15 the provisions of this act shall have effect notwithstanding anything contrary contained in any other law for the time being in forceoverriding effect of the act power to make rules516 (1) the central government may, by notification in the official gazette, make rulesfor carrying out purposes of this act10(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 reasonsin our country, millions of people are living below poverty line and without any proper medical and healthcare medical care in our country is not upto the standard only very few people have access to good and specialized treatmentthough number of hospitals have increased over the years, yet they are not adequate to meet healthcare needs of the increasing population with the scarce resources available, the government cannot take upon itself to provide best healthcare to its citizensat present, some insurance companies provide for health insurance however, such schemes are not comprehensive in nature and cover only a small section of society and are limited to a few diseases only moreover, insurance companies are not exclusively connected with health insurancetherefore, it is proposed to set up an insurance corporation exclusively for providing best healthcare to citizens the beneficiaries will be required to make payment of premium depending upon number of members in the family, income, etc however, they will be entitled to comprehensive healthcarethe bill seeks to achieve the above objective financial memorandumclause 3 of the bill provides for the establishment of health insurance corporation of india it further provides for setting up of regional offices and branches of the corporation it also provides for appointment of chairperson and members of the corporation who shall manage the corporation clause 4 provides for appointment of the officers and employees of the corporation clause 6 provides for issuance of identity cards to beneficiaries clause 10 provides for free treatment and medicines to beneficiaries clause 13 provides that the corporation shall reimburse the expenditure to hospitals, doctors and medical shops in connection with the treatment of patients 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 five thousand crore would be involved from the consolidated fund of indiaa non-recurring expenditure of about rupees five hundred crore is also likely to be involved memorandum regarding delegated legislationclause 16 of the bill empowers the central government to make rules for carrying out the provisions of the act 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 framing of a comprehensive health insurance scheme in the country and for matters connected therewith————(shri ashwini kumar choubey, mp)gmgipmrnd—5287ls(s3)—27-03-2017 | Parliament_bills | 8fc55e6a-7fca-584e-bed8-5cfa82cb278a |
bill no 199 of 2017 the protection of women from unnecessary caesarean section deliveries bill, 2017 by shri maheish girri, mp a billto protect women from unnecessary and arbitrary caesarean section deliveries through the regulation and financial disincentivizing of private and public hospitals and for matters connected therewith or incidental theretobe it enacted by parliament in the sixty-eighth year of the republic of india as follows:—short title and commencement1 (1) this act may be called the protection of women from unnecessary caesareansection deliveries act, 20175(2) it shall come into force on such date as the central government may, by notificationin the official gazette, appointdefinition2 in this act, unless the context otherwise requires:(a) ''abnormally high rate of caesarean section deliveries" refers to a rate, in the given locality of the public or private hospital, doctor, paramedic, medical practitioner and other institution or persons carrying out deliveries on a regular basis, of more than fifteen per cent of the local population;(b) ''appropriate government" means in the case of a state, the government of that state and in all other cases, the central government;5(c) ''board'' means the caesarean section deliveries control board constituted under section 6;10(d) "caesarean section deliveries" or "c-section deliveries" refers to a surgical procedure in which incisions are made through a woman's abdomen and uterus when vaginal delivery is not possible or wherein the vaginal delivery is likely to put the health of the mother or the baby at risk;102 of 1956(e) "medical practitioner" means any person holding medical qualification recognized under the indian medical council act, 1956 and enrolled as such by the appropriate authority;(f) "ordinary delivery" refers to the vaginal delivery;15(g) "prescribed" means prescribed by rules made under this act; and (h) "private hospital" includes hospitals, private nursing homes, medical institutions and clinics being run by a medical practitioner or a group of medical practitioners of a trust or society203 (1) the appropriate government shall, by notification in the official gazette, shall put a cap on the price charged by both private and public hospitals for caesarean section deliveriesproportionate capping of cost of caesarean section deliveries(2) the cap on the price charged for caesarean section deliveries shall be proportionate to the price charged for ordinary deliveries, and shall not exceed twenty per cent of the total cost of the ordinary delivery in a hospital25(3) the appropriate government shall ensure that every public and private hospital under their jurisdiction comply with the provisions of this sectionmandatory declaration by doctors and hospitals304 (1) it shall be the duty of every public and private hospital, doctor, paramedic, medical practitioner or person carrying out deliveries on a regular basis to declare the percentage of caesarean section deliveries being carried out by them on a monthly basis in such manner as may be prescribed(2) every declaration made under sub-section (1), shall be shown to the prospective women seeking delivery, and shall, at the end of every month, be forwarded to the appropriate government in such manner as may be prescribed355 any public or private hospital, doctors, paramedics, medical practitioner and other institutions or persons carrying out delivery on regular basis, who fails to make declaration under section 4, shall be punished with imprisonment for a term which may extend upto two years or with a fine which may extend upto rupees ten lakh or with bothpunishment for failure to make mandatory declaration406 (1) the appropriate government shall, by notification in the official gazette, constitute a board under their jurisdiction to be known as the caesarean section delivery control board for carrying out the purposes of this act(2) the composition of the board shall be such as may be prescribedconstitution of caesarean section delivery control board7 (1) the board shall—functions of the board45(a) conduct enquiries against public or private hospitals, doctors, paramedics, medical practitioner and other institutions or persons carrying out deliveries on a regular basis, having an abnormally high rate of caesarean section deliveries; and(b) undertake such other functions as may be assigned to it, from time to time, by the appropriate government for carrying out the purposes of this act58 if any public or private hospital, doctor, paramedic and other institution or personcarrying out deliveries on a regular basis, having an abnormally high rate of caesarean section deliveries, after an enquiry made under sub-section (1) of section 7, is found to beperforming unnecessary or arbitrary caesarean section deliveries the head of the hospital or person responsible for carrying such deliveries, shall be punished with imprisonment for a term which may extend upto seven years or with fine which may extend up to rupees twenty lakh or with bothpunishment for doctors and hospitals with abnormally high rate of caesarean section deliveries10power to make rules9 (1) the appropriate government may, by notification in the official gazette, makerules for carrying out the purposes of this act15 20(2) every rule made under this act by the central government shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both the houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule(3) every rule made by the state government under this act shall be laid, as soon as may be after it is made, before the state legislature statement of objects and reasonsour country has witnessed a steep rise in unnecessary and arbitrary caesarean section deliveries being carried out across all states over the past few years according to the world health organization, a figure below five per cent of the total population implies that a substantial proportion of women do not have access to surgical obstetric care on the other hand a rate higher that fifteen per cent of the total population indicates over-utilization of the procedure for reasons other than life saving reasons in india, from under ten per cent in 2010 as per the district level household and facility survey (dlhs-3) and the national family health survey, the rate of caesarean section deliveries has steeply risen in few states and the country as a whole given the presence of a substantial inter-state variation of caesarean section deliveries, few large states (population of ten million and above) such as kerala, haryana, andhra pradesh and tamil nadu have undergone a significant increase in the number of caesarean section deliveries moreover, certain districts have reported a rate of caesarean section deliveries of more than eighty per cent the rising rate of caesarean section deliveries makes it evident that the rise is unnatural, unnecessary and arbitrary and is done for financial gains that arise on account of the higher prices in caesarean section deliveries as opposed to ordinary deliveries taking note of the rising rate of caesarean section deliveries and the harmful effects on mothers and children born out of the same, the need is to regulate and financially disincentivize the caesarean section deliveries in the countrythe bill, therefore, seeks to provide for a basic regulatory mechanism to safeguard the interests of women who are victims of unnecessary and arbitrary caesarean section deliveries by providing a cap on the price charged for caesarean section deliveries in as much as it will not be more than twenty per cent of what is charged in case of ordinary deliveries it also seeks to provide for mandatory declarations to be made by doctors, hospitals or any person carrying out deliveries on a regular basis in relation to the rate of caesarean section deliveries, as well as a mechanism of enquiring into the same in addition, the bill also provides for the punishment for the failure to make mandatory declaration and for unjustified abnormally high rates of caesarean section deliverieshence this billnew delhi;maheish girriaugust 4, 2017 financial memorandumclause 6 of the bill provides for constitution of caesarean section delivery control board the bill, therefore, if enacted will involve expenditure from the consolidated fund of india it is estimated that a sum of about rupees ten crore will be involved as recurring expenditure per annuma non-recurring expenditure of rupees five crore is also likely to be involved memorandum regarding delegated legislationclause 9 of the bill empowers the appropriate 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 protect women from unnecessary and arbitrary caesarean section deliveries through theregulation and financial disincentivizing of private and public hospitals and for mattersconnected therewith or incidental thereto————(shri maheish girri, mp)gmgipmrnd—2232ls(s3)—03112017 | Parliament_bills | 8c7e1423-bf7a-5c93-9b3f-1fef69589713 |
bui no 27 of 1969 the estate duty (distribution) amendment bill, 1969h q_ a bill further to amend the estate duty (distribution) act, 1962be it enacted by parliament in the twentieth year of the republic of india as follows:-1 (1) this act may be called the estate duty (distribution) amend- short ment act, 1969 title and commence-s (2) it shall be deemed to have come into force on the 1st day of april, ment 1969 9 of 1962 2 in the long title of the estate duty (distribution) act, 1962 (here- amendinafter referred to as the principal act), for the figures, letters and words ~e;t of "12th day of august, 1965", the figures, letters and words "31st ~ay of title october, 1968" shall be substituted 10 3 in section 3 of the principal act,-amendment oj (i) in sub-section (1) ,-eet1on s (a) for the figures, letters and words "1st day of april, 1966,", the figures, letters and wonis "1st day of april, 1969," shall be substituted; to the ef>ta'l'e duty (dllitribution) a1>1e;ti)i'i':c:iit bill, 1969 l-t 0 bc/as--!ntroduced in lok sabhaj 1 page 2, line 6,-i'l~ it of" ~ "as" new delhi· , march 25 1969 chaitra 4, 1891 (saka) (b) for the words "two per cent", the words "three per cent" shall be substituted; (ii) in sub-section (2), for clause ('b) and the provisos occurring at the end of that clause, the following clause shall be substituted, namely:-5 "('b) the balance shall be distributed among the states of follows:-"------percentage state andhra pradesh 8'37 10 assam 2'76 bihar 10'80 4'80 galarat jiaryana 1'76 jammu and kashmir o'r" is kerala , 3'93 madhya pradesh 7's3 maharashtra 9'20 myaore 5'4r nagaland 0'09 20 ori 4'os punlab 2's9 ralasthan 4'68 tamilnac1u 7's3 uttar pradesh 17 'is west bengal , 2s 8'12," statement of objects and reasonsthis bill seeks to further amend the estate duty (distribution) act, -l982, as amended by the estate duty (distribution) amendment act, 1965, for the purpose of giving effect to the recommendations made by the fifth finance commission for the distribution among the states of the net pro-·-ceeds of the estate duty on property other than agricultural land, except in so far as those proceeds represent the proceeds attributable to union territories new delhi; morarji desai "the 6th march, 1969 /, ' " 'president's recommendation under articles 117 and 274 of the constitution of india[copy of letter no f13(15)-bi68, dated the 6th march, 1969 from ~shri morarji desai, deputy prime minister and minister of finance to :the secretary, lok sabha] the president having been informed of the subject matter of the proposeti bill to further amend the estate duty (distribution) act, 1962, in pursuance of the principles of distribution formulated and the recommendations made by the finance commission in its interim ~port dated the 31st day of october, 1968, recommends under article 117(~) of the constitution of intlia read with article 274 (1) thereof, the introduction -of the estate duty (distribution) amendment bill, 1969, in the lok babha and also the consideration of the bill annexure extracts from the estate duty (distribution) act,1962 (9 of 1962)an act to provide for the distribution of the net proceeds of the estateduty arrk>ng the states in pursuance of the principles of distribution formulated and the recommendations made by the finance commission in its report dated the 12th day of august, 1965, - - - - - a (1) during each financial year commencing on and after the 1st day of april, 1966, the net proceeds of estate duty levied and collected during that financial year shall, after deducting therefrom a sum equal to two per cent, of the said proceeds as being attributable to union territories, be distributed among the states in accordance with the provisions of sub-section (2), distri_ bution of net proceeds of estate duty assigned to the states, (2) out of the total amount falling to be distributed in any financial year under sub-section (1)- - - - - (b) the balance shall be distributed among the states as ~~~ 1 - -----------------------__----pcrccnta~e state 8'34 andhra pradesh 2'7s assam 10,76 bihar -4'78 gujarat 0'83· jammu and kashmir _ kerala | 3 | '91- ||----------------|-----------|| 7'so | || madhya pradesh | || 7'80- | || madra' _ | || 9- | 16 || s '46- | || mysore _ | || o'op | || nagaland | || orissa | || punjab | || "'eif | || 4'70 | || 4'67 | || rajasthan | || 17'08 | || uttar | pradesh _ || 8 | || '0,: | || \'ii"eot | || b~nga1 | | ~ provided that the share payable under clause (b)· to the state of punjab, as it existed immediately before the 1st day of november, 1966, shall be construed, as from that date, as payable to the state of haryana and the state of punjab and the union in the proportion of 3738 54:84 7:78 provided further that the share allocable to the union shall be retained by it anti shall be deemed to form part of the consolidated fund of india & bill further to amend the estate duty (distribution) act, 1962 | Parliament_bills | 42badb41-fbc3-57b2-a0ee-864f84d32b65 |
bill no 83 of 2009 the electricity (compulsory supply to katras and densely populated areas) bill, 2009 by shri jp agarwal, mp a billto provide for compulsory supply of electricity to katras and densely populated areas located in the metropolitan and other major cities of 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 electricity (compulsory supply to katras and denselypopulated areas) act, 2009short title, extent and commencement(2) it extends to the whole of india5(3) it shall come into force on such date, as the central government may, by notificationin the official gazette, appointdefinitions2 in this act, unless the context otherwise requires,—10(a) "appropriate government" means in the case of a state, the government ofthat state and in other cases, the central government;(b) "katras and densely populated areas" means such residential areas in the metropolitan and other major cities as are so declared by the appropriate government for the purposes of this act; and(c) "prescribed" means prescribed by rules made under this act5supply of electricity to katras and densely populated areas3 (1) notwithstanding anything contained in any other law for the time being in force,the appropriate government shall ensure that ninety per cent of the total electricity generated under its territorial jurisdiction, including the electricity generated by foreign companies, be earmarked for katras and densely populated areas located in the metropolitan and othermajor cities10(2) the quantum of electricity to be supplied to the metropolitan and other major cities within the territorial jurisdiction of appropriate government shall be determined in such manner as may be prescribed:15provided that in katras and densely populated areas, the supply of electricity to the citizens living below poverty line shall be at half of the normal rate for not less than six hours in a daypower to make rules4 (1) the appropriate government may, by notification in the official gazette, makerules for carrying out the purposes of this act20 25(2) every rule made under this act by the central government shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both the houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule(3) every rule made by the state government under this act shall be laid, as soon as may be after it is made, before the state legislature statement of objects and reasonsthere is an acute shortage of electricity in katras and densely populated areas located in the metropolitan and other major cities of the country katras are the residential areas located in the old parts of the major cities the citizens living in katras and densely populated areas have to face a lot of difficulties due to shortage of electricity during summer, the situation becomes the worst due to non-availability of open spaces and parks near these katras and densely populated areas, the citizens living there feel suffocated during failure of powerit is very well accepted that electricity is one of the basic needs of human beingstherefore, denying the people of their essential requirement of power cannot be justified on any ground power outage for hours together, particularly during summer months, makes the life of the people living in katras and other densely populated areas quite miserableit is, therefore, proposed to make the supply of electricity compulsory in the katras and densely populated areas located in the metropolitan and other major cities of the countryhence this billnew delhi;jp agarwaljuly 20, 2009 financial memorandumclause 3 of the bill provides that the appropriate government shall supply electricity to the citizens living below poverty line in the katras and densely populated areas for six hours a day at half of the normal rate the expenditure relating to 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 indiathe bill, therefore, if enacted, would involve expenditure from the consolidated fund of india it is estimated that an annual recurring expenditure of about rupees nine crore will be involvedno non-recurring expenditure is likely to be involved memorandum regarding delegated legislationclause 4 of the bill empowers the appropriate government to make rules for carrying out the purposes of the bill the rules will relate to matters of detail only the delegation of legislative power is, therefore, of a normal character———— a billto provide for the compulsory supply of electricity to katras and densely populated areas located in the metropolitan and other major cities of the country and for matters connected therewith————(shri jp agarwal, mp)gmgipmrnd—3874ls(s-5)—05112009 | Parliament_bills | f57295ca-94b3-5c2b-853c-08de8e94ec3c |
bill no 98 of 2015 the cow and other milch animals (prohibition of slaughter, cruelty and other provisions) bill, 2015 by shri nishikant dubey, mp a billto provide for the prohibition of slaughter of cow and its progeny and other milchanimals for consumption of meat or its export or for any other purpose, prevention from cruelty and infliction of trauma, pain or suffering on animals and for humane approach towards them through welfare measures and the well being of animals and for matters connected therewith or incidental theretobe it enacted by parliament in the sixty-sixth year of the republic of india as follows:—1 (1) this act may be called the cow and other milch animals (prohibition of slaughter, cruelty and other provisions) act, 2015short title, extent and commencement(2) it extends to the whole of indiadefinitions2 in this act, unless the context otherwise requires,—(a) "animal" includes all domestic animals such as cow and its progeny, buffalo,goat, sheep, camel, horse etc and captive animals or performing animals and stray animals;(b) "appropriate government" means in the case of a state, the government of that state and in all other cases, the central government;5(c) "local authority" includes a municipal committee, corporation, council by whatever name called, district board, cantonment board or any authority for the time being entrusted by law with the control and administration of any matters within a specified local area;(d) "owner" used with reference to an animal includes not only the owner of the animal but also any other person for the time being in possession or custody of the animal whether with or without the consent of the owner;10(e) "performing animal" means an animal which is used at or for the purpose of any entertainment, display, sport, cinematograph film and animal shows like equine events, dog shows, etc;(f) "phooka or doomdev" includes any process of introducing air or any substance into the female organ of a milch animal with intention of drawing off from the animal any secretion of milk;15(g) "prescribed" means prescribed by rules made under this act; (h) "society" means a society established for animal welfare and for the prevention of cruelty, pain or suffering to animals and recognised by the appropriate government under this act;20(i) "street" includes any way, road, lane, square, court, alley, passage or open space, whether a thoroughfare or not to which the general public have access; and(j) "welfare organization" means an animal welfare organization which is registered with and recognised by the appropriate government253 (1) notwithstanding anything contained in any other law for the time being in force or contrary to food habits or religious belief, the slaugthter of cow and its progeny and all other milch animals is hereby prohibited in any manner whatsoeverprohibition of slaughter of cow and its progeny and other milch animals(2) whoever contravenes the provisions of sub-section (1) shall be guilty of an offence under this act304 (1) it shall be the duty of every person having the care or charge of any animal, whether as owner or otherwise, to ensure the welfare and well being of such animal and to prevent the infliction of trauma, pain or suffering upon such animal and in particular shall ensure that the animal in his care or under his charge,—duties of persons having charge of animals or otherwise(a) does not face thirst, hunger and malnutrition; (b) does not face discomfort due to vagaries of nature and environment;35(c) does not suffer from pain, injury and disease; (d) is free to express normal behaviour including reproduction of the species;and(e) is free from fear and distress40(2) it shall be the duty of the general public not to inflict injury and pain to any animal in any manner whatsoever and bring to the notice of the board or society or welfare organization about any injured, ill or incurably ill animal in the street for taking care of such animal(3) the practice of phooka or doomdev or by whatever name called and giving injection of oxytocin or any other medicine to a milch animal for drawing secretion of milk from such animal is hereby prohibited45(4) whoever contravenes the provisions of sub-section (3) shall be guilty of an offence under this actpenalty5 (1) whoever,—5(i) kills or slaughter a cow or its progeny or any other milch animal either for consumption of its meat or to export its meat or for any other purpose including rituals shall be punishable with imprisonment for a term which shall not be less than five years but may extend to ten years and also with fine which may extend to two lakh rupees;1015(ii) beats, kicks, overrides, overdrives, overloads, tortures or otherwise treats any animal so as to subject it to trauma, pain or suffering or employs the animal in any work or labour or for any purpose without adequate rest, food or water or the animal by reason of its age or any disease, infirmity, wound, sore or other cause is unfit to be so employed or wilfully administers any injurious drug or injurious substance to any animal or keeps any animal chained or tethered with a short or heavy chain or cord, or hobbles the legs of the animal or confines in a cage or other receptacle or mutilates an animal in any manner including ear cropping, tail docking, defanging, declawning, branding, piercing in any manner shall be punishable with imprisonment which shall not be less than two years but may extend to five years and also with fine which may extend to rupees one lakh;(iii) being the owner of an animal,—(a) neglects to exercise or cause to be exercised or keeps the animal habitually chained up or in close confinement; or20(b) fails to provide such animal with sufficient food, drinking water or shelter; or(c) abandons the animal in circumstances which render it likely that it will suffer trauma, pain or suffering by reason of relocation, starvation, thirst, injury or illness; or25(d) wilfully or negligently permits any animal to go at large in any street or permits any diseased or disabled or injured animal to die in any street;shall be punishable with imprisonment which shall not be less than one year but may extend to three years and also with fine which may extend to fifty thousand rupee;(iv) solely with a view to provide entertainment,—30(a) confines or causes to be confined any animal including tying of an animal as a bait so as to make it an object of prey for any other animal; or(b) incites any animal to fight any other animal or any human being or organizes or participates or acts in the management of animal figting; or(c) promotes or takes part in any shooting match or competition wherein animals are released from captivity for the purpose of such shooting; or35(d) organizes, participates, promotes or in any manner is associated with any sport or activity involving the use of animals where such animals are subjected to cruetly either during the sport or activity itself or while in training;40shall be punishable with imprisonment which shall not be less than three years but may extend to five years and also with fine which may extend to two lakh rupees;45(v) skins or roasts or kills for superstition or extracts parts of any live animal through a procedure that causes pain and suffering, for the purpose of getting skins, oils or other animal products or dynamites or electrifies stream, river or other waterbody or a fence for catching or killing an animal shall be punishable with imprisonment which shall not be less than two years but may extend to five years and also with fine which may extend to one lakh rupees;(vi) performs upon any cow or other milch animal the operation phooka or doomdev or any other operation including injection of oxytocin or of any substance to improve lactation which is injurious to the health or the animal, or permits such operation being performed upon any such animal in his possession or under his control shall be punishable with imprisonment which may extend to one year and also with fine which may extend to fifty thousand rupees (2) nothing in this section shall apply to,—5(a) the dehorning or, nose roping castration of any animal provided it is performed by a veterinary surgeon in such manner as may be prescribed;(b) the extermination or destruction of an incurable ill animal in such manner as may be prescribed10offences bycompanies6 where an offence under this act or rules framed thereunder is committed by a company, every person who, at the time the offence was committed, was incharge 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 one offence and shall be liable to be proceeded against and punished accordingly:15provided that nothing in this section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence207 the appropriate government shall recognize societies, gaushalas, welfare organization etc for the treatment and care of animals and work as a bridge between the appropriate government, local authority and other authorities concerned with the animals in such manner as may be prescribedrecognition of societies, welfare organizations etc miscellaneous provisions8 (1) no person shall carry on the business of breeding or selling of any animal otherthan in the manner prescribed by the rules made under this act25(2) no person or institution shall perform an experiment on animals unless permitted by the appropriate government in such manner as may be prescribed30(3) any police officer above the rank of head constable or any person authorized by the appropriate government in this behalf, who has reason to believe that an offence under this act has been or is being committed in respect of any animal may, if in his opinion the circumstances so require, seize the animal and produce the same for examination by the nearest magistrate or by such veterinary officer as may be prescribed, and such police officer or authorized person may, while seizing the animal, require the person incharge thereof to accompany it to the place of examination35(4) the appropriate government shall, by general or special order, authorise the detention of animals in respect of which offences against this act have been committed in any infirmaries, society, gaushalas, animal welfare organization, etc pending its production before a magistrate and the cost of transporting the animal thereto and of the maintenance and treatment at such places shall be payable by the owner of the animal and any amount payable by an owner may be recovered in the same manner as an arrear of land revenue40(5) where in any proceedings for an offence against this act it is established that a person has in his possession, custody or control, an animal which is injured or wounded or mutilated or being experimented upon or which has been killed or has in his possession the skin of an animal or any part of the animal, it shall be presumed that such person has treated the animal with cruelty until the contrary is proved and the burden of proving which shall lie on the accused2 of 197445cognizability of offences9 notwithstanding anything contained in the code of criminal procedure, 1973, an offence under this act shall be a cognizable offence within the meaning of that codeact to have overriding effect10 the provisions of this act and of any rules and orders made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in forceoperation of other laws not barred11 nothing in this act shall be deemed to prevent any person from being prosecuted under any other law for the time being in force, for any act or omission which constitutes an offence under this act or from being liable under such other law to any higher punishment or penalty than that provided by this act545 of 186012 every person authorized by appropriate government under this act shall be deemedto be a public servant within the meaning of section 21 of the indian penal code, 1860 and no suit, prosecution or other legal proceeding shall lie against him in respect of anything in good faith done or intended to be done under this actperson authorized to be public servant and indemnity provision13 the central government shall, after due appropriation made by parliament by law in this behalf, provide requisite funds for carrying out the purposes of this act10central government to provide funds power tomake rules14 (1) the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act15 20(2) every rule made under this act shall be laid, as soon as may be after it is made,before each house of parliament or, as the case may be, each house of the state legislature, while it is in session, for a total period of thirty days which may be comprised in one session or two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, parliament or, as the case may be, the state legislature agrees in making any modification in the rule or agrees 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 till recently had the largest number of animals in the world and it is one of the largest producer of milk in the world but the number of animals is going down rapidly alongwith milch animals as such there is a mismatch between the production of milk and per capita consumption of milk in the country whereas the population of the country is increasing manifold, the population of milch animals is on the decline this mismatch has resulted in short supply of milk and its prices have increased manifold in the recent past making this commodity out of the reach of the poor people and the worst sufferers are children who are not getting milk resulting in their malnutrition taking advantage of shortage of milk in the country the unscrupulous and anti-social people are producing synthetic milk on a very large scale and endangering the health and the lives of the unsuspecting people this situation has to be tackled on priority and one way to do this is to impose a blanket ban on the slaughter of milch animals in the country which are slaughtered to consume their meat and also to export the meat to earn foreign exchange at the cost of poor children who are not getting milk essential for their healthfrom the ancient times cow is called goumata and is worshipped particularly by the hindus in the country not only the cows milk is consumed by the people and more so by the children even the cows urine is used for medicinal purposes in various parts of the country its progeny when grows as bull helps the farmers in cultivating their fields and grow cereals for the human consumption and the industry cow dung is used to make manure in rural india since cow is worshipped there is a long pending demand of most of the hindus in the country to impose a blanket ban on the slaughter of cows and its progeny in the country religious leaders sadhus, saints and various political parties have consistently demanded ban on slaughter of cow and its progeny hence, it has become necessary to ban the slaughter of cows and its progeny throughout the country showing respect to the sentiments of majority of the peopleof late, cruelty against animals in the country has risen manifold people do not hesitate kicking and inflicting injuries on animals and more so on stray animals even the owners of milch animals after extracting their milk leave them to roam on the streets and roads and these hungry animals can be seen searching food in garbage and loitering on the roads causing road accidents in which they too are hurt and wounded in this bill various forms of cruelty have been elaborated cruelty against animals must be stopped with a heavy hand by imposing tough penalties and fines on the offenders and humane approach should be adopted towards the animalshence, this billmarch 24, 2015 financial memorandumclause 13 of the bill provides that the central government shall provide requisite funds for carrying out the purposes of the bill at this stage, it is not possible to estimate the amount to be incurred however, the bill, therefore, if enacted, will involve expenditure from the consolidated fund of india it is estimated that an annual recurring expenditure of about rupees ten thousand crore would be involveda non-recurring expenditure of rupees twenty five thousand 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 details only, the delegation of legislative power is of a normal character———— a billto provide for the prohibition of slaughter of cow and its progeny and other milch animals for consumption of meat or its export or for any other purpose, prevention from cruelty and infliction of trauma, pain or suffering on animals and for humane approach towards them through welfare measures and the well being of animals and for matters connected therewith or incidental thereto————(shri nishikant dubey, mp)gmgipmrnd—70ls(s3)—16042015 | Parliament_bills | 64d6a259-fa8d-59d9-8ece-815fe9d74903 |
bill no 158 of 2018 the constitution (amendment) bill, 2018 byshri bhartruhari mahtab, 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, appointof article 142"provided that such decree or order, [etc under this clause] shall be passed or made by a bench consisting of not less than five judges of the supreme courtprovided further that the supreme court shall not, in exercise of its powers under5provided also that where a decree or order has been passed or made by the supreme court on a subject in respect of which no statutory provision has been made by the competent legislature and decree or order shall remain in operation till the competent legislature exercises its power to make statutory provision on that subject and, if the statutory provision so made is inconsistent with the decree or order passed or made by the supreme court or made "the statutory provision shall prevail notwithstanding such inconsistency"" statement of objects and reasonsarticle 142 of the constitution confers upon the supreme court the power to pass decrees and make orders for doing complete justice the amplitude of the power under the article has been construed widely by various judicial pronouncements the fact that only the supreme court and not the high courts have been given this power, places the supreme court as the sole repository of such wide-ranging powersthe supreme court has made ample use of this overarching power however, the directions issued in exercise of this power have often trespassed into the domain of the legislature and thus transgressed the established principle of separation of powers, now proclaimed as a basic feature of the constitution not only has the court issued directions that ideally belong to the functions of the legislature, but the court has also made orders which contradict and run contrary to the existing statutory provisionsin order to restore the balance between the judiciary and the legislature, it is necessary that the scope of power of the supreme court under article 142, as interpreted by the court itself, is restrained in order to prevent any encroachment on the legislative domaintowards this end, the bill seeks to amend article 142 with a view to provide that—(a) a decree or order, etc passed and made under article 142 shall be issued only by a bench consisting of not less than five judges of the supreme court;(b) the supreme court shall not issue an order overriding an express statutory provision;(c) the directions under article 142 shall be in operation only till the competent legislature has not made any statutory provisions on the subject; and(d) the competent legislature shall have express powers to override any directions issued under article 142 of the constitution hence this billnew delhi;bhartruhari mahtabjuly 10, 2018 annexure extract from the constitution of india enforcement of decrees and orders of supreme court and orders as to discovery, etc142 (1) the supreme court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it, and any decree so passed or order so made shall be enforceable throughout the territory of india in such manner as may be prescribed by or under any law made by parliament and, until provision in that behalf is so made, in such manner as the president may by order 1 prescribe ———— a billfurther to amend the constitution of india————(shri bhartruhari mahtab, mp)mgipmrnd—1839ls(s3)—12-10-2018 | Parliament_bills | ccee240a-4978-52b9-8e60-b7e2c5caa31b |
biu no 53 of 1f61 the companies (amendment) bill,i964a bill further to amend the companies act, 1956 be it enacted by parliament in the fifteenth year 01 the republic of india as follows:-1 this act may be called the companies (amendment) aet;'li64 short title 2 after section 635a of the companies act, 1956, the following insertion s sub-heading and section shibll be inserted, namely: -~~:'d inl and sl!ction a'lter ection 635a of act 1 of 1956 "temporary protection of employees 635b (i) if-10 protection of em-f ployee8 (a) during the course of any investigation of the affairs ?urill4l h f 1 t · t b d invhtl •• -end ot er matters 0 or re a mg 0 a company 0 y or tlon by person under section 235, section 237 or st!ction 239 or, of the lnapeclor membership and other matters of or relating to a comp~, :::1-or the ownership, of sharea in or debentures of a company cceedinl or body corporate, or the affairs and other matters of or trib~l relating to q company, body or person, under section 247 in certain section 248 or section 249; or cuell (b) during the pendency of any proceeding against any person concerned in the conduct and management of the affairs of a company under chapter iv a of part vi, such company, body or person proposes-(i) to discharge or 20 , " (ii) to punish, whether ,by dismissal, removal, reduction in rank or otherwise, any employee, the company, body or person, as the case may be, shall send by ,post to the company law board previous intimation in writing of the action proposed against the s employee and if the company law board has any objeetion to the action proposed, it shall send by post notice thereof in writing to the company, body or person concerned (2) if the- oompany, ,body or person concerned does not :·iitetw'wftlim"·thirty days of the sending of the previous inti- 10 mati~ ,of ,~ actifn' p1'qpc'se~tapinst; the, empjgy~_ al;l~ notice of the' oojection from the company law board, then and only then, the company, body or person concerned may proceed to take against the empjoyee tbe'~ion proposed (3) if the' company, body,' or person co~cernedis dissatisfied 15 , "with tlte objee1fonraised 'by the company l,aw board, it may, within thirty days of the receipt of the notice of the objection, ,prefer an appeal to··the tri'bunal in the prescribed manner, and on payment of the prescribed fee (4) the decision of the tribunal, on ~uch appeal shall be 20 final and be binding on the company law board and on the company, body or person concerned (5) for the removal of doubt, it is hereby declared that the provisions of this section shall have effect without prejudice to the provisions o~ any other law for the time ,being in force" 25 3 (1) the companies (amendment) ordinance it64 is hereby 3 til 1984 re~ repeal' and saviqf (2,' notwithltanding s\lch' r~peal anything done or any action tann 'under' the' sa\d ordinance shall be deemed to have been done or tam unlier this act, as if this act had commenced on the 5th day of july, i964 30 investigations of th\e· affai,rs; trueowuership and other related : mattel'sj at co~ eiltuiot be- ejfectively conducted unless there ia,full di8elosul'e!:'by their e~eea~ofijadllal idfo~ion in teprd to various' matte!nl' to be 1117mtiai8lld'jby -the: id,ctorb' appointed by :the' centmr'governllullitl ~ : in oider: to,1 tlye to the' employees: of the afferted- companies terapgi:ary protactign'·a,_ victimisation in such cases it has been considered necessary to make a suitable', provision in the companies act that no company can discharge or take any other action against any of ita employees during the investigation of its affairs and true ownership, etc, by inspectors or during the pendency of proceedings against any of its managerial personnel before the tribunal, unlees it has given previous intimation to the company law board of the proposed action against the employees and the company law board has not raised any objection to such action as it was apprehended that some of the companies whose affairs were under investigation might take action against their employees if they disclosed full information to the inspectors, the amendment of the companies act on the lines indicated above was considered to be a matter of extreme urgeney and the companies (amendment) ordinance, 1964 was therefore, promulgated by the president on the 5th july, 1964 the present bill seeks to replace the said ordinance without any modification in the provisions thereof new d∈ the 13th august, 1964 t t krishnamachari memorandum regarding delegated legislationsub-section (3) of the new section635b empowers the central government to make rules providina for the manner in which, and the fee on payment of which, an appeal may be preferred to the tribunal under that section the mattera in respect of whieh such rules may be made are matters of procedure ar administrative detail the delegation of legullative power is thus of a nonnal charaeter ~\' -~' a bill further to amend the companies act, 1956 | Parliament_bills | 6b7e2d20-e54d-5ef8-a2a4-7e0d5688a516 |
bill no 46 of 1964 the constitijtion (nineteenth amendment) bill, j964a billfurther to amend the constitution of india bid it·enacted by parliament in the filteentb year of tbe repulnic of india as follows-:-i 'phis- act may be called the constitution (nineteen:th amend- short m'8nt~ act, 19&t title 2 in article 31a of the constitution,-s amendfollowing ment of article (i) in cla~se (1), after the' e»isting ppovisct; the previso ~aube inserted, namely:-ala 10-is "provided further that where any law makes any provision for the acquisition by the state of any estate and where any land comprihd therein is- held by a persen under his personaa cultivation, it shall not be lawful for the state to acquire any portion of sum land as is within the ceiling limit applicable to him uncle;: 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"; (ii) in clatj:!e (2), for sub-clause (a), the following sub-, clause 111 be §ubstituted and shall be deemed always to have been substituted namely:-- (a) the expression "estate" shall, in relation to any local area, have the same meaning as that expression or its s local equivalent has in the existing law relating to land tenures in force in that area and shall also include-(i) any jagir, inam or muafi or other similar grant and in the states of madras and kerala, any janmam r~; w (ii) any land held under ryotwari s,ettlement; (iii) any land held or let for purposes of agriculture or for purposes ancillary thereto, including waste land, forest land, land for pasture or sites of buildings and other structures occupied by cultivators of "land, agrtcul- 1$ tural labourers and village artisans;' 3 in the ninth schedule to the constitution after entry 20, the following entries shall be added, namely:-amendment of ninth schedule "21 the andhra pradesh ceiling on agricultural holdings ad, 1961 (andhra pradesh act x of 1961) ~ 22 the andhra pradesh (telangana area) tenancy and agricultural lands (validation) act, 1961 (andhra pj:adesh act xxi of 1961) 23 the andhra pradesh (telangana area) ijara and kowli land cancellation of irregular pattas and abolition of 35 concessional assessment act, 1961 (andhra pradesh act ~i of 1961) 24 the assam state acquisition of lands belonging to religious or charitable institution of public nature act, 1959 (assam act ix of 1961) 30 25 the bihar land reforms (amendment) act, 1953 (bihar act xx of 1954) 26 the bihar land reforms (fixation of ceiling area and acquisition of surplu~ land) act, 1961 (bihar act xii of 1962), (except section 28 of this act) 3s 27 the bombay taluqdari tenure abolition (amendment) act, 1954 (bombay act i of 1955) 28 the bombay taluqdari tenure abolition (amendment) act, 1957 (bombay act xviii of 1958) 29 the bombay inams (kutch area) abolition act, 1958 (bombay act xcviii of 1958) 30 the bombay tenancy and agricultural lands (gujarat amendment) act, 1960 (gujarat act xvi of 1960) 31 the gujarat agricultural lands ceiling act, 1960 (gujarat 10 act xxvn of 1961) 32 the sagbara and mehwassi estates (proprietary rights abolition, etc) regulation, 1962 (gujarat regulation i of 1962) 33 the gujarat surviving alienations abolition act, 1963 is (gujarat act xxxiii of 1003) 34 the maharashtra agricultural lands (ceiling on holdings) act, 1961 (maharashtra act xxvii of 1961) 35 the hyderabad tenancy and agricultural lands (reenactment, validatio~ and further amendment) act, 1961 (maharashtra act xlv of 1961) 36 the hyderabad tenancy and agricultural lands act, 1950 (hyderabad act xxi of 1950) 37 the jenmikaram payment (abolition) act, 1960 (kerala act iii of 1961) 38 the kerala land tax act, 1961 (kerala act xiu of 1961) 39 the kerala land reforms act, 1963 (kerala act i of 1964) 40 the madhya pradesh land revenue code, 1959 (madhya pradesh act xx of 1959) 41 the madhya pradesh ceiling on agricwtural hcildings act, 1960 (madhya pradesh act xx of 1960) s 42 the madras cultivating tenants protection act, 1955 (madras act xxv of 1955) -48 the madras cultivating tenants (payment of fair rent) act, 1956 (madras act xxiv of 1966) 44 the madras occupants of kucliyiruppu (protection from 10 eviction) act 1961 (madras act xxxvm of 1961) 45 the madras public trusts (regulation of administration of agricultural lands) act, 1961 (madras act lvii of 1181) 46 the madras land reforms (fixation of ceiling on land) is act, 1961 (madras act lviii of 1961) 47 the mysore tenancy act, 1952 (mysore act xiii of 1952) 48 thecoorg tenants act, 1957 (mysore act ,xiv of 1957) 49 the mysore village offices abolition act, 1961 (mysore act xiv of 1961) 20 50 the hyderabad tenancy and agricultural ·lands (validation) act, 1961 (mysme act~i of 1'961) 51 the mysore land reforms act, 1961 (mysoo:e act x of 1962) 52 the orissa land reforms act, 1960 (orissa act xvi 25 of 196o) 53 the orissa merged territories (village offices abolition) act, 1963 (orissa act x of 1963) 54 the punjab security of land tenures act, 1953 (punjab act x of 1q&3) 55 the rajasthan tenancy act, 1955 (rajasthan act iii of 19m) 36 the rajasthan zaminciari and biswedariaboljtiqnact, 1959 (rajasthan act viii of 1959) 57 the 'kumaun ·and uttarakhand zamindari aboliti9d jnd land r~orms act, tt60 (uttar pradesh act xvii of li¥jo) 58 the ~utiar pradesh :impositioo of ceiling on land holdings 10 aet,1960 ,(uttar pradeshactiof 1961) 59 the west bengal estates acquisj,tion act, 19513 (west bengal act i of 1954) 60 !]jhe west bengal land reforms act, 1955 (west 'bengal act x of '1956) js 61 l'ae delhi lmld reforms act, )an)4(delhi aet 'vfli -of 19m) 62 the delhi land hqldinss (ceuil\i) act, ls6o(central act 24 of 1960) 63 the manipur land revenue and land reforms act, 1960 20 (centralact ,33 of 196o) 64 the tripura land revenue and land reforms act, 1960 (central act 43 of 1960) expla,ticm_al!y acquisition made und~ the rajasthan tenancy act 1955 <rajasthan act iii of 1955), m contraventipn of 25 the second p~oviso to clause (1) of article 31a shall to tbeutellt of the contravention, be void" article 31a of the constitution provides that a law in respect of the acquisition by the state of any estate or of any rights therein or the extinguishment or modification of any such rights shall not 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, artide 19 or ar,ticle 31 the protection of this article is available only in respect of such tenures as were estates on the 26th january, 1950, when the constitution came into force the expression "estate" has been defined differently in different states and, as a result of the transfer of land from one state to another on account of th~· reorganisation of states, the expression has come to be defined differently in different parts of the same state moreover, many of the land reform enactments relate to lands which are not included in an estate several state acts relating to land reform were struck down on the ground that the provisions of those acts were violative of artic'les 14, 19 and 31 of the constitution and that the protection of article 31a was not available to them it is, therefore, proposed to amend the definition of "estate" in article 31a of the constitution by including therein lands held under ryotwari settlement and also other lands in respect of which provisions are normally made in land reform enactments it is further proposed to provide that where any law makes a provision for the acquisition by the state of any estate and where any land comprised therein is held by a person under his personal cuitivation, it shall not be lawful for the state to acquire any 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 not less than the market value thereof 2 it is also proposed to amend the ninth schedule by including therein certain state enactments rellating to land ·reform in order to remove any uncertainty or doubt that may arise in regard to their validity 3 the bill seeks to achieve these objects a k sen new dui; the 30th april, 1964 extract from the consti11jtion of india - 31a (1) '" - (2) in this article,-savini of law providingfor acqulaition otestatel, etc (4) the expression "estate" shall, in relation to any local area, have the same meaning as that expression or its local equivalent has in the existing law relating to land tenures in force in that area, and shall also include any jagir, inam or mauafi or other similar grant and in the states of madras and kerala, any janmam right; - - - - a bill further to amend the constitution of india (shri asoke k sen, minister 01 laro) | Parliament_bills | d7ce8795-a3b6-5d1f-9da9-f2a187079c1d |
bill iii of i, the appropriation (no 2) bill, 1970 a billto authorise payment and appropriation oj certain bu'""lrom and out of the consolidated fund of india f01' the services 0 the financial yeclt 1970-71 be it enacted by parliament in the twenty-first year of the republlc of india as follows:-l this act may be called the appropriation (no, 2) act, 19'10 s bgr\tit of 1910 z from and out of the consolidated fund of lddia there may be paid $ adcl applied sums not exceeding those apeelfted in column 3 of the schedule amounting in the aggregate [inclusive of the suj1l8 lpeeifted in column 3 of the schedule to the appropriation (vote on accouat) act, 1970] to the wm of sixteiea ·thousand, three hundred and twdnq-ftve c:rqres, seventy'lllx lakhs _ four thousand rupees towards defraying the 10 several charges which will come in course of payment during the ftnaneia1 ,ear 197071 in respect of the services pacified in column 2 of the schedule i the sums authorised to be paid and applied from and out of the apprgpria-conmlidated fund of india by thia act shall m appropriated for the lion is services and purposes exprep4kl tn the schedule in relation to the said year, no of vou suml -----------,- not exccedids voted by parliudent total chajjed on the cod8olidated fund ri ri i minlatry of defence ,8s68,ooo 8s,68,ooo 10 ~ defence servklea bl'ec:tiye-army - 8,60,odd 786,97,60,000 3 defedct servic:a, btrective-navy - - - 4 defence servic:ea, bft'ec:tive-air force ~i1s0,oo,ooo i 1,00,000 15 2,u,51,oo,ooo 6 mldiitry of educ:adon aocl youth servicea - 116,19000 20' 7 edncltioo 687448,000 687448,000 8 arcbaeo1oay 163,76,000 1,6376000 9 survey of india 6,0447,000 604>47,000 10 grants to cound! 0 scientific ud induatrial llnearch ii other reveuue ekdenditwe of the midiltrj' of bciucedod and youth servic:el - 4,5303000 ~6s316poo 12 22,81,6~,ooo other revalue bxdendituie 13 of the miniatry of external affain 14 midlitjy of fidiftc:e 3044,39000 1017,64oodo is cultollll 16 union bxciae duties 1739'70,000 35 17 tutson incune idcludirl' corporadon tax etc 18~71,ooo 18097110poo 4,68,62,000 4,6862poo 2790,00,000 2ir4oooopoo 8 stamps i, audit 16,5236,000 t6,s2d6coo 40 360,0$,000 3,60,05,000 at ' sum dot : cxceedfda 'services and purposes of no vote voted by cbar8ed on : parfiament the codlolidated total s fund ri ra lb 15,17,30,000 ~ooo 1517,32,000 stationery and printing 40 41 10 other revenue expenditure: of the mini~eajth and plimfly iiild worts, housing and urban development 2>93,28,oc1o ::a911~,ooo ministry of home a1fain 1,84,85,000 1,84,85,000 42 cabinet 43 73,66poo , 73,66,000 is administration of jultice 2,55,000 1007,000 31,62,000 44 ' 69,oii,09,coo 69,0809,000 45 police 46 6,27,81,000 6a7~11i eena1u · 47 4,1739,000 41739/x1o 20 48 1,51000 4,"'14orfioo 4o7mi,ooo 49 statistics - pri':l purie& and allawancet o indian rulen - territorial and politk:al penaioni 28,81,aoo 28,81,000 delhi 51,2361,000 ~t8sooo 51>4786000 so chandisarh 51 7,22,80000 ~tm,ooo 7>49>48,000 25 andam8ll and nicobar island, 5:1 9031>38,000 4,000 931~ tribalareu 53 2775f!i5,ooo 27,7sa5rkx) dedra and n agar havel! area 54 68a6000 68>46,000 55 ' laccadive, minic:oy aad amindivl bland, 133aoooo 1>33:ao,ooo 30 56 other revenue ezpendjcun of the ministry of home afi'aira 131589,000 i3ji~ooo 57 mini,try of loduatrial development internal trade and company main 35 96,68,000 96,68,000 induatries 58 55533000 1,8600,000 7t4i 33jooo salt 59 74u,ooo 7~,ooo 60 40 other revenue bx~ of the ministry of ndaatrial development internal trade and company main 15,8712,oqo 1587,12,000 61 m=of information and sting :a616;goo a616,ooo 12 68,88,0(» broadcasting 6a " 13,68,88,000 45 other revc:due ~ 63 tion and b cutina i of the ~ of nforma-8og6s,ooo 1i,09,63rkx) 64 iministry of irrlption and power 44>87,000 44087adoo so corrigenda the appropriation (no2) btll, 1970 (to be/as introduced in lok sabha)1 page 1, in the marginal heading to clause 1,-for "t ittle" read "title" --2 page 2, line 24,-in column 2, against vote nolo, after "council" i!2£ "0" ~ "of" 3 page 2, line 35,-in column 2, against vote no16, after "union" read "excise duties m -4 page 2, line 41,-in column 2, against vote no21, ~ "mint ft 5 page 6, line 23,-in column 2, against vote no96, ii it , after "to general revenues" insert 6 page 8, line 19,-in column 2, against vote no131, for "transprt ii read "transport" 7 correct line numbers on pages 6 and 8 new delhi: april 27, 1970 vaisakha " 1892 (saka) --sums not exceedilll no of servic;ea and purpoaee voted~ charwedoo die -total vote puliamedt conaolldaleci pudd , --i -ra ra rj 6s ¥uld-purpoae river scbcmee 3,18,67,000 3018,67 66 other revenue exr::!ture ofthc miniatry of rrigatlon andpowcr 10,19,86,000 101908 10 67 ministry of labour, employment and rehabilitation 119042,000 89>42, 000 68 director general minca safety 6i,ii,000 61,u 6g labour and employment 1866,,83,000 1,000 18,66,88 70 e~on displlced craodl 7,86,31,000 j7,ooo 7,86 is 71 othcr revenue expenditure of thc midistry of labour, employment add rchabritadon 10,57,000 10,57 ,000 73 midfstry of law 9,,87,000 9',,87, 000 73 other rovcnue expenditure of the mioiatiy of law - 2,04,74j000 3,04>7 74 minjatiy of petroleum add cheaiical and mine and metila s3,86,ooo 53,86, 000 75 geological survey i1,25,io,ooo ll,a"lo,coo 76 other revenue e~ of the miniitry of ctroleum and cbailicala add mince andmetala 17,08,5/4,000 1,84,000 17,io,7b,ooo 71 ministry of sbipplda arid tlldlport i>4s>42,ooo lo4s,t2,ooo 35 71 radi 22,7982000 4,10,000 22,83,p,ooo 79 mercantilc maride 4,325/4,000 " 4j32j94,ooo 80 ljihtbouaes add ijihtabfpe - 1>43,01,000 1>43,01,000 81 othcl revenue expenditure of the midlstry of shlppq and tl'idjpon ,,0,,34000 ,,o$,)f,ooo 8a mjniitry of steel and hellv)' a6~ engi1'ieeridif - - a634000 midiitry of supply 1,01,06,000 j,0j,06,ooo 8, suppuca uid dfipotaji 4038>47,000 4,38047,000 83 other rcfeduc expcnditule of thc minietry of steel and heavy bijiideeridi 97094,000 97094,000 4s '" 86 ocbet revenw bzpcdditurc of the midistry of supply 44029,000 a9iooo 87 ~touriun and civil a' ' 25,21,000 a,,aj,ooo so 81 meteoroloey s,ol,2l,ooo $,ol,al,ooo i i 2 3 no of vote services idd purpoeea sums not exceeding -voted by charaed on the parlwncnt consolidated total fund 5 ---ra re ri aviation 14,20,05,000 1402005000 other revenue expenditure of the ministry of tourism and civil aviation 4,2,22000 4>,222000 10 91 department of atomic energy 3216000 3216,000 92 other revenue expenditure of the department of atomic 382416000 38,2416,000 energy 93 d~rtment of communica~ ons 16,49000 " 16,49000 is 94 overseas communications scrvlce 43s ooo 3' 000 95 poitiidd te1csrapha (w orkida 3,8,67,6,000 expenses) - - 3048,6736000 10,000 20 p\)its ~ha-divfdcjld to revenues ap ~od to rcacrve funds ~aymcdta of loans 3792,76000 from general revenues 379276•000 97 other revenue expcndhure of the department of com~ munications - 4',00000 45,00000 d,:,artment of parliamentary ffain '" 1286000 1286000 30 department of social welfare 20,20,000 20,30000 99 100 other revenue bxpenditure of the department of social welfare 9>44>45000 9>44>45,000 101 102 plannina commission 15169,000 i,s 169,000 35 lolt sabha 274>83,000 81,000 27566•000 103 raj),a sabha 1,09,07,000 74,000 1a9,8i,ooo charom -8'1: htiiiuhold tiiid a~ 0 rm pruidmi p~7,1100 41,87,000 104 secretariat of the vice-pres!· 3,30,000 3,30,000 dent clwtgid-union hbm sf"' commit_ 1000si,ooo 1,04>$ 1,000 105 dofcllce capital outlay 1,390000,000 ~ 1,39>20,00,000 106 capital outlay of the minia~ of bduc:ation and you scrvicea 450,51000 4,5051,000 107 capital outlay on the lddia security preas 44,46,000 <ho46,ooo no of sums not exc:eediq vote services and purposes s voted by cbaqed on the total puanent conaolidated fund -ri ri ri 108 capital outlay on currency and coinage 146168,000 1461,68,000 10 109 capital outlay on mints 5018000 5018,000 no capital outlay on kolar gold mines ' 1>4260,000 1~6o,ooo iii commuted value of pensions 713024000 ~so,ooo 71'74,000 112 other capital outlay of the ministry of finance 4198,16000 -41,98•16,000 is 1j3 capital outlay on grants to state governments for development 30,71,96,000 3°,71,96,000 114 loans and advanc:ea by the central government 49841,87,000 ,,,,7 ioj,sf;ooo 13>4' ',41,000 charabd-rlpdymmt oj dibt 9997,61,g1000 9997,61,98,000 us purchue of foodgraina and fertilizen • 89,8770000 101,000 19,1871,000 25 116 other capital outlay of the ministry of food, ~-ture, commuulty development and coopera-67037,16,000 '7,a1,26,ooo don 110,000 117 capital outlay of the miniltr)' 26,3¥oo of fordp tr8de - a636,000 u8 ca~ta1 outlay on pub11c orb lo,66popoo hk%iioo 10,71,00,000 119 delhi capital outlay 6047,so,ooo 11150000 6,6,,00,000 35 --no adler captul ()qtiay of the ~ of health and f= jannldl and worb h ng and urban de-21,"33,000 velopment 21"3jsooo 121 ca-¥ita1 outlay in union erriiories and tribal areas 265o,79p:ij j,06so,ooo :&851029,000 122 other capital outla~of the ministry of home lui· 2,13,oop:ij :&, r 3,od,ooo 123 capital outlay of the mintty of industrial developnlent, idlernal trade and com-6,p,20,ooo pany a1fajn 6>42,20000 45 124 capital outlay of the min1stry of inlormltiod and broad-531,1'000 c:uting 531,8ipoo 50 12s capital outlay on multipurpose river schemel 2op572pjo ~,o5,72potj 126 other capital outlay of the i miniatry of irriladoa add 2,$270,000 25$270,000 power sums not exceeding | no | of ||----------------------------|----------------|| services and purposes | || vote | || vcd | || by | || charged | || on | the || total | || parliament | || consolidated | || s | || fund | || -- | || ra | || rs | || ri | || la1 | || capital outlay | || of | || the miniatry | || of | || lab0'1lli | || employment | || 5,000 | || and rehab | || ilion | || 5,s5>47,000 | || 5,55ppoo | || 10 | || 128 | || clpital | || outlay | || of | the || = | || of | petroleum || c:ala | || and | || mines and metals | || 1,05,59,92,000 | || | || i,os,5992,ooo | || 129 | || capital outlay on roads | || s463>4i | || ooo | || 105 | || 0• | || 000 | || 546491 | || ,000 | || 1)0 | || capital | || outlay | || on porta | || 8,si>40,ooo | || | || 851>40000 | || is | || 131 | || other | capital outlay || of | || the | || mlniltry | || of | shippina and || 1652,87000 | 16$:&,87,000 || tranaprt | || | || 20 | || 132 | || capital outlay | of || of | steel || 88,02,75,000 | || 880275,000 | || erina | || | || 133 | || capital outlay on aviation | || 10,89,72,000 | || 5,00,000 | || 10,94,72 | || ,000 | || 134 | || other | || capiaai | outlay || of | || the | || minlatry | of || and | || civil | || aviation | || 13,51,00,000 | || | || 1),51,00,000 | || 135 | || capital | || outlay | of || dep~- | || ment | || of | || atomic bnel'ly | || 54,32,89,000 | || 54,32,89,000 | || 136 | || ca~ | || outlay on posts and | || e1ep'1phs | || (nat | met from || 88,27,00000 | || 88,2700,000 | || revenue) | || | || 137 | || other capital outlay | || of | || the | || de~ | || ii! | || communi- | || 1,83,80000 | 1,8400,000 || cataodl | || m},ooo | || 35 | || total | || 43,68>45,67,000 | || 119j1joj1-o | || io6ja5,76p4,ooo | | statement of objects and b&asonsthis bill is introduced in pursuance of article 114(1) of the coutitution of india to provide for the appropriation out of the conaolidatecl fund of india of the moneys required to meet the expenditure charted on the consolidated fund and the grants made by the lot sabba for expenditure of the central government, excluding railways, for the financial year 1970-71 p c sethi president's recommendation under article 117 of thj: constitution of india[copy of letter no f3(38)-b/70, dated the 16th april, uno froid shri prakuhchand b sethi, minister of state in the midlstry of li'jdidce to the secretary, lok sabha] the p:reijdedt havin, been informed of the subject matter of the proposed bill to authoriae payment and appropriation ot certafn iuid8 from and out of the consolidated fund of india tor the servieu· of the j'fnancial year 1970-71 recommends under article 117 (1) and (3) of the constitution, the introduction at the appropriation (no2) bul, 19'70, in the lok babba and also the consideration at the bill 2 the bill will be introduced in the lok sabha after the demanda for grants for ezpenditure of the central government (acluchn, ranways) for the year 1970-71 have been yoted, , a bill to authorie payment and ~fopriatiol1 of certain sums ttom add out (}f the cmao1idated fund of india for the services of the financial yeh 'icf/fyti | Parliament_bills | 338e7263-de7b-5d1a-852a-1749fd4ec65c |
bill no 85 of 2016 the financial assistance for girl child born to parents living below poverty line bill, 2016 by shrimati ranjeet ranjan, mp a billto provide for financial protection and security to girl child born to parents living below poverty line 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 financial assistance to girl child born to parentsliving below poverty line act, 2016short title, extent and commencement(2) it extends to the whole of india except the state of jammu and kashmir5(3) it shall come into force on such date as the central government may, bynotification in the official gazette, appointdefinitions2 in this act, unless the context otherwise requires,—(a) "appropriate government" means in the case of a state, the government of that state and in all other cases, the central government;5(b) "girl child" means any female child born to parents living below poverty line and who has not attained the age of twenty years;(c) "parents living below poverty line" means such parents whose income from all sources does not exceed rupees one lakh per annum; and(d) "prescribed" means prescribed by rules made under this act3 (1) the central government shall, by notification, constitute a fund to be known as the girl child development fund for carrying out the purposes of this act10constitution of girl child development fund(2) the central government and the state governments shall contribute to the fund in such ratio as may be prescribed15(3) the appropriate government shall deposit a sum of one lakh rupees in the bank account of every girl child born to parents living below poverty line within one month of her birth(4) the deposit shall mature when the girl child attains the age of eighteen years or such after the expiry of period as may be fixed by the appropriate government and such proceeds may be used by the girl child for education and other welfare measures204 the appropriate government shall within six months of the coming into force of this act, issue directions to the nationalised and private sector banks and insurance companies, to formulate suitable schemes which provide benefits of fixed or term deposit and insurance benefits to the girl childschemes to be formulated by banks and insurance companies overriding effect of the act255 the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force but save as aforesaid the provisions of this act shall be in addition to and not in derogation of any other law for the time being in force giving benefits to the girl childpower to make rules6 (1) the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act3035(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 reasonseven after the completion of sixty-eight years of independence, no clear-cut policy for the overall development of girl child belonging to below poverty line (bpl) family has been formulated in our country so far today, a girl child of a poor family has to face problems at every stage this includes, problems relating to poverty, upbringing, malnutrition, education, employment, vocational training, healthcare and problems faced at the time of her marriage there is no institutional mechanism to harness the potential and channelize the energy of girl child of bpl family for the betterment of the country there is no proper planning for comprehensive development of girl child the plight of girl child belonging to scheduled castes, scheduled tribes and other backward classes is even worse apart from all the problems as mentioned above, they also have to face social ostracisation birth of a girl child is still considered to be a cursethere is a need to instill a sense of belongingness among the female children by providing them all opportunities for their development so that they can contribute to the progress of the country to their full potential the facilities should be provided to them as a matter of right and not as a privilege the steps taken in this direction will not only uplift the conditions of girl child but will also create a better society leading to a civilized and stronger nation the government should take responsibility of depositing one lakh rupees or as may be prescribed in financial institutions like banks and insurance companies in the name of new born girl child of bpl family, which will become a handsome amount after eighteen years or so which can be used for the purpose of higher education, skill development, training etc of the girl childin this way, financial protection and security to girl child of bpl family must be ensuredthe bill seeks to achieve the above objectivesnew delhi;ranjeet ranjanfebruary 12, 2016 financial memorandumclause 3 of the bill provides for constitution of a girl child development fund it also provide for deposit of sum of one lakh rupees in the bank account of every girl child of parents living below poverty line the expenditure relating to state shall be borne out of the consolidated fund of states concerned the expenditure relating to union territories shall be incurred from the consolidated fund of india the bill, therefore, if enacted, would involve expenditure from the consolidated fund of india it is estimated that an annual recurring expenditure of about rupees one thousand crore will be involveda non-recurring expenditure of about rupees one thousand five hundred 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 provisions 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 financial protection and security to girl child born to parents living below poverty line and for matters connected therewith or incidental thereto————(shrimati ranjeet ranjan, mp)gmgipmrnd—5315ls(s3)—19042016 | Parliament_bills | 9dfedbf1-60f0-5541-af65-6fc97d85b5a5 |
bill no 35 of 2012 the provision of free medical and engineering education to meritorious students bill, 2012 by shri ramen deka, mp a billto provide for free medical and engineering education to meritorious students who are economically weak and for matters connected therewithbe it enacted by parliament in the sixty-third year of the republic of india as follows:—1 (1) this act may be called the provision of free medical and engineering educationto meritorious students act, 2012short title, extent and commencement(2) it extends to the whole of india (3) it shall come into force on such date as the central government may, by 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 of that state and in all other cases, the central government;(b) "economically weak student" means a student whose family income from all sources is not more than rupees two thousand per month;(c) "meritorious student" means a student,—5(i) who obtains such marks or grade in a school examination, as may be prescribed, and gets selected in a medical or engineering course on the basis of such marks or grade; or(ii) who gets selected in a medical or engineering course on the basis of rank secured by him in a state or national level entrance examination conducted for the purpose of admitting students into medical or engineering course; and10(d) "prescribed" means prescribed by rules made under this act 3 (1) the appropriate government shall provide free medical or engineering education to every meritorious student who is economically weakexplanation— for the purpose of this section, free education includes,—(a) all expenses incurred on admission and tuition fees;provision of free medical or e n g i n e e r i n g education to economically weak students15(b) books and stationery items;(c) hostel facilities, wherever necessary; and(d) scholarships, in such cases, as may be prescribed 4 the central government shall, after due appropriation made by parliament, in this behalf, provide adequate funds to the state governments for the purposes of this actcentral government to provide funds5 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 provided in this act20provisions of the act not to be in derogation of any other law for the time being in forcepower to make rules6 (1) the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act2530(2) every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days 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 reasonsmost of the parents aspire to make their children either a doctor or an engineer and most of the youth studying in the schools also have the same desire however, there are many extraordinarily brilliant students whose dreams are not realised only due to poverty medical and engineering education is so expensive that even middle class families cannot afford to provide this education to their children for this reason, a large number of meritorious students are not able to get admission in medical or engineering collegessince our country is a welfare state, it is our duty to provide opportunity to such poor but meritorious students to continue the courses of their interest and fulfil their life's ambition financial memorandumclause 3 of the bill provides for free medical and engineering education by the appropriate government for meritorious students, who are economically weak it also provides for scholarships and certain other facilities to those students clause 4 provides that the central government shall, after due appropriation, provide adequate funds to the state governments for the purposes of this act the bill, therefore, if enacted, would involve expenditure from the consolidated fund of india it is estimated that a sum of rupees fifty crore is likely to be involved as a recurring expenditure per annumno non-recurring expenditure is likely to be involved memorandum regarding delegated legislationclause 6 of the bill empowers the central government to make rules for carrying out the purposes of the bill these rules will relate to matters of detail only the delegation of legislative power is, therefore, of a normal character———— a billto provide for free medical and engineering education to meritorious students who are economically weak and for matters connected therewith————(shri ramen deka, mp)gmgipmrnd—4857ls(s3)—16-4-2012 | Parliament_bills | 9940e469-183b-514a-8f1a-5887b822690d |
bui no 42 of 1963 the central' boards of revenue bill, 1963a bill to provide for the constitution of separate boards of revenue fot direct taxes and for excise and customs and to amend certain enactments tot the purpose of conferring powers and imposing duties on the said boards be it enacted by parliament in the fourteenth year of the republic of india as follows:-1 (1) this act may be called the central b:jards of revenue act, short title 1983 and com· mence-s (2) it shall come into force on such date as the central govern ment ment may, by notification in the official gazette, appoint ·2 in this act, unless the context otherwise requires,-deftnltiodi 10 4 of leu (a) "board" me~ns the central board of direct taxes or the central board of exc1se and customs constituted under section 3; (b) "central board of revenue" means the central board of revenue constituted under the central board of revenue act, 1924; (c) "direct tax" means-(1) any duty ,leviable or tax chargeable under-34 of idu is 27 of 11157 29 of 1957 1801 1858 (i) the estate duty act, 1963; (ii) the wealth-tax act, 1957; (iii) the expenditure-tax act, 1957; (iv) the gift-tax act, 1958; 43 of 1961 140! 1983 &0 (v) the income-tax act, 1961; (vi) the super profits tax act, 1963; and (2) any other duty or tax which, having regard to iti nature or incidence, may be declared by the central government, by notification in the official gazette, to be a direct tax 3 (1) the central governmellt shallt in place of the central , board of revenue, constitute two separate boards of revenue to be called the central board of direct taxes and the celltra! board of excise and customs, and each such board shall, subject to the control of the central government, exercise such powers and perform such dutiest as may be entrusted to that board by the central government 10 or by or under any law/ constitution of separate central boards for dirld taxes and for excise and customs 1 (2) each board shall consist of such number of persona not exceeding five as the central government may think fit to appoint procedure of the board 4 (1) the central government may make rules for the purpose of regulating the transaction of business by each board and every order is made or act done in accordance with such rules shall be deemed to be the order or act, as the case may be, of the board (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 ao in one s'ession or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session inunediately 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, 2s as the case may be, so however, that any modification or annulment shall be without prejudice to the validity of anything previously done under that rule amendment of certain enactmeats 5 (1) in the estate duty act, 1953, the wealth-tax act, 1957, the 34 of 1963 expenditure-tax act, 1957, the gift-tax act, 1958, the income-tax 30 27 of 1957 act, 1961 and the super profits tax act, 1963, for the words and 29 of 1957 figures "central board of revenue constituted under the central 18 of 1958 boal'd of revenue act, 1924" or "central board of revenue" 43 of 1961 wherever they occur, the words and figures ucentral board of direct 14 ~f i:::' taxes constituted under the central boards of revenue act, 1963" 3s 0 shall be substituted 1 of 1944 520f'1962 , of 1924 (2) in the central excises and salt act, 1944, and the customj act, 1962, for the words and figures ucentral board of revenue constituted under the central board of revenue act, 1924" or ucen_ tral board of reo/enue" wherever they occur, the words and figures 40 "central board of excise and customs constituted under the central boards of revenue act, 1963" shall be substituted (3) the functions entrusted to·the central board of revenue by or under any other enactment shau,-(4) if such functions rela:t~ to metters connected with direct taxes, be discharged by the central board of direct taxes; and , (b) if such functions'relate~toany other matter, unless they are entrusted by the central government to the central board of direct taxes, be discharged' by the central board of exclle and customs :' " ',' 6 (1) every proceeding pendiilg at the commencement of thie transfer 10 act before the central board of' revenue shallof certain , proceed-(a) if it is a proceeding relating to direct taxes, stand lnp transferred to the central board of direct taxes; and (b) in any other case, stand transferred to the central board of excise and customs i' (2) if any question arises as to whether any proceeding stands transferred to the central board of direct taxes or to the central board of excise and customs, it shall be referred to the central government whose decision thereon ,shall be final (3) in any legal proceeding pending at the commencement of 20 this act to which the central board of revenue is a party,-(4) it it is a proceeding" relating to direct taxes, the central board of direct taxes shan be deemed to be substituted for the central board of revenue in such proceeding; and (b) if it is a proceeding relating to any other matter, the 2, central board of excise and customs shall be deemed to be substituted for the central board of revenue in such proceeding '1 (1) if any difficulty arises in giving effect to the provisions of power to this act, the central government may, by order published in the remove oftlcial gazette, make such provisions not inconsistent with the pur- di1ftcwties 30 poses of this act, as appear to it to be necessary or expedient for removing the difficulty (z) an order under sub-eetlon (1) may be made so as to have retrospective effect from adaie ;not earlier than the date of the commencement of thia act ' 'of lnf 35 8 (1) the untrai board of revenue act, 1924, is hereby repealed ~a1and lavid, (2) nothing contained in sub-section (1) shall affect any appointment, assessment, order (including quasi-judicial order) or rule made, or exemption, approval or recognition granted, or any notice, notification, direction or instruction issued, or any duty levied, or 40 penalty or fine imposed, or confiscation adjudged, or any form prescribed, or any other thing done or action taken by the central board of revenue under any law and any such appointment auesament, order, rule, exemption, approval, recognition, notice notifteation, direction, instruction, duty, penalty, fine, confiscation, form, thing or action shall be deemed to have been made, granted, issued, levied, imposed, adjudged, prescribed, done or taken by the central board of direct taxes, or as the case may be, by the central board o£·]'xcise ajld customs·and shall continue to be in force·unless and until it is revised, withdrawn or superseded by the couceme4 board statement of objects and reasonsthe object of this bill is to replace the central board ot revenue act, 1924, by this law which provides for the constitution ot two boards named, respectively, as the central board of direct taxes and the central board of excise and customs owing to the very considerable expansion of the union revenue administration since 1924, substantial strengthening of the board of revenue at the centre as well as ita functional bifurcation has become a matter of urgent necessity such separation has also been recommended by the direct taxes administration enquiry committee and more recently, by the central ~cise re-organisation cbmmittee this bill seeks to give effect to those recommendations which have since been accepted by government / nbwdam; the 20th nove1ftber, 19m; t t krishnamachari - president's recommendation under article 11' of the constitution op" india[copy of letter dated the 22nd november, 1963 from shti t t krilhmm4chari mflnister of fim~e to the secretary, lok sabha] the president havinl been informed of the subject matter of the proposed central boards of revenue bill, 1963 to provide tor the constitution of separate boards of revenue for direct taxes and for central excise and customs and to amej1cl certain enaetmenta for the purpose of conferring powers and imposing duties on tlae central boards, recommends under clauses (a) and (3) of article 117 of the cojlltitution of india the introduction in add considertim by the lot sabha of the bill - - - - financial memorandumthe central board of revenue as at present constituted under the central board of revenue aet, 1924, consists of the following:-(1) chairman (2) vice-chairman (2) ~embers--4 the two new boards to be constituted will each consist of not more than five ~embers including the chairman/vice-chairman even if all the posts are filled, the extra expenditure involved on that account will not exceed rs 2,00,000 per annwn as detailed below:-1 ofjicers average cost of emoluments of chairmanl vice-chairman average cost of emoluments of 3 membors ii other staff and incidentals ri 33,000 rs 81,000 rs85,000 total or say ri 1,99000 ri 2,00,000 it is not intended that all these extna posts should be created immediately memorandum regarding delegated legislationclause 4 of the bill empowers the central government to make rules for the purpose of regulating the transaction of ;business of the two boards proposed to be constituted under the bill the matten with respect to which rules are to be made are matters of a routine nature or of detail and the deleaation of legislative power is of a normal character ~ non the estate dtrry aer, 1953 (34 of 1953) - - - - z in thm act, unlees the context otherwise requires,-- - - - (2) "board" means the central board of revenue eonstituted under the central board of revenue act, 1924; , of 1m - - - - extaact from thj: wealth-tax act, 1957 (27 of 1957) - • - •dt8ditlod • z in this act, unless the context etherwise requires,-- - - - (/) "board" means the central board of revenue constituted undet" the central board of revenue act, 1924; - of 18m - - - - ex'i'aact from thb expendltu1l&-tax aer, 1957 (29 of 185'1) - - - - dtftditlon • z in this act, unless the context otherwise requlres,-- - - - (e) "board" means the central board of revenue constituted under the central board of revenue act, 1924; - of 1124 - - - - erraact nom tbjd gii't-tax act, 1958 (18 of 1958) - - - - 2 in thy act, unless the context otherwise requires,";;'" - - - - (,,) "board" means the central board of revenue constituted under the central board of revenue act, 1924; , 01 1_ - - - - definitions 4011924 extracts from the income-tax act, 1961 (43 of 1961) 2 in this act, unless the context otherwise requires,- (12) "board" means the central board of revenue constituted under the central board of revenue act, 1924; definitions 4 of 1924 118 there shall be the following classes of income-tax authorities income-tax for the purposes of this act, namely:-authorities (4) the central board of revenue, - extract from the super profits tax act, 1963 (14 of 1963) · 2 in this act, unless the context otherwise requires,- (4) "board" means the central board of revenue constituted under the central board of revenue act, 1924; - - • - - extracts from the central excises and salt act, 1944 (1 of 1944) · 2 in this act, unless there is anything repugnant in the subject or definitions context,- - (b) "central excise officer" means any officer of the central excise department, or any person (including an officer of the state government) invested by the central board of revenue with any of the powers of a central excise officer under this act; 11 in respect of duty and any other sums of any kind payable to recovery the central government under any of the provisions of this act or of of sums the rules made thereunder, the officer empowered by the central due to board of revenue to levy such duty or require the payment of such govemsums may deduct the amount so payable from any money owing to mento the person from whom such sums may be recoverable or due which may be in his hands or under his disposal ar control, or may recover the amount by attachment and sale of excisable goods belonging to such person; and if the amount payable is not so recovered, he may prepare a certificate signed by him specifying the amount due from the person liable to pay the same and send it to the collector of the district in which such person resides or conducts his business and the said collector, on receipt of such certificate, shall proceed to recover from the !'laid person the amount specified therein as if it were en arrear of land revenue - exceptions 25 nothing in section 24 applies to-(a) any excisable goods covered by a permit granted under rules made under this act; (b) any excisable goods covered by a pass granted by any officer whom the central board of revenue may appoint in this behalf; (c) such amount of excisable goods carried on board any vessel for consumption by her crew or by the passengers or animals (if any) on board as the central board of revenue may from time to time exempt from the operation of section 24 power of 26 when any officer empowered by the central board of revenue stoppage, to act under this section has reason to believe, from personal knowsearch and ledge or from information taken down in writing, that any excisable arrest goods are being carried, or have within the previous twenty-four hours been carried, in any vessel so as to render the owner or master of such vessel liable to the penalties imposed by section 24, he iiwly require such vessel to be brought-to and thereupon may-(a) enter and search the vessel; (b) require the master of the vessel to produce any documents in his possession relating to the vessel or the cargo thereof; (c) seize the vessel if the officer has reason to believe it liable to confiscation under this act, and cause it to be brought with its crew and cargo into any port in india; and (d) where any excis81ble goods are found on board the vesael search and arrest without a warrant any person on board the vessel whom he has reason to believe to be punishable under section 24 - - - - rights of 32 every proprietor of a private salt-work, other than a private ordinary salt factory, to which section 31 applies, of which, under the provisions proprietors of section 17 of the bombay salt act, 1890, the proprietor was entitled bom n oi of existing on application to a licence to manufacture or to excavate or collect 1890 salt-works natural salt at such factory, shall continue to be entitled, on application mede in accordance with the rules made under this act, to a licence for such purpose and to the annual renewal thereof, unless on a breach of the provisions of this act his licence has been cancelled by an officer duly empowered by the central government in this behalf: provided that the collector of central excise may at any time withdraw or withhold a licence from the proprietor of any such salt factory, if no salt has been manufactured, excavated or collected in such salt factory for the three years ending on the thirtieth day of june last preceding the date of his order, or, with the previous sanction of the central board of revenue, if such salt factory has not produced, on an average, during the said three years, at least five thousand maunds of salt per annum chapter vi adjudication of confiscations and penalties33 where by the rules made under this act anything is liable to power of confiscation or any person is liable to a penalty, such confiscation or adjudicapenalty may be adjudgedtion (a) without limit, by a collector of central excise; (b) up to confiscation of goods not exceeding five hundred rupees in value and imposition of penalty not exceeding two hlmdred and fifty rupees, by an assistant collector of central excise: provided that the central board of revenue may, in the case of any officer performing the duties of an assistant collector of central excise, reduce the limits indicated in clause (b) of this section, and may confer on any officer the powers indicated in clause (a) or (b) of this section - - - - 35 (1) any person deeming himself aggrieved by any decision or appeals order passed by a central excise officer under this act or the rules made thereunder may, within three months from the date of such decision or order, appeal therefrom to the central board of revenue, or, in such cases as the central government directs, to any central excise officer ~ot 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 further inquiry and pass such order as 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 adjudged against him in the original decision or order - - - - 36 the central government may, on the application of any persol revision aggrieved by any decision or order passed under this act or the rules by cenmade thereunder-by any central excise officer or by the central tral gov-board of revenue, and from which no appeal lies, reserve or modify ~rnment such decision or order chapter vii suppiemental pl\ovisionspower of central governmentto make rules 37 (1) - - - - - (2) in particular, and without prejudice to the generality ~f the foregoing power, such rules may-- - - - (zz) authorise the central board of revenue or collectors of central excise appointed for the purposes of this act to provide, by written instructions, for supplemental matters arising out of any rule made by the 'central government under this section - - - - definiticma extract from the customs act, 1962 (52 of 1962) - - - - 2 in this act, unless the context otherwise requires,-- - - - (6) "board" means the central board of revenue constituted under the central board of revenue act, 1924; , ot 1924 - - - - - a bill·to provide for the constitution of separate boards of revenue for direct taxes and for excise and customs and to amend certain enacudents for the purpose of conferring powers and imposing duties on the said boards --(shf'i t t kf'ishnamachaf'i, mi"ister oj finance) | Parliament_bills | 3cc90456-186a-5730-b431-ac423cdb6001 |
bill no 96 of 2015 the drought affected and drought prone areas (special provisions) bill, 2015 byshri nishikant dubey, mpa billto provide for the special provisions such as compulsory maintenance of food and potable water supplies for human consumption and fodder for livestock of the farmers, financial assistance for lost crops to farmers in drought affected areas of the country;creation of water bodies like lakes, ponds, wells, rainwater harvesting, diversification of water intensive crops to low water intensive requirement crops; community afforestation programmes and other action plan for the drought prone areas of the country and for matters connected therewith and incidental theretobe it enacted by parliament in the sixty-sixth year of the republic of india as follows:—(2) it extends to the whole indiadefinitions2 in this act, unless the context otherwise requires,—(a) "appropriate government" means in the case of a state, the government of that state and in all other cases, the central government;5(b) "drought affected area" means any area receiving below normal rainfall in any season of a calendar year and declared by central government, by notification in the official gazette, to be a drought affected area for such period as may be specified in the notification;10(c) "drought prone areas" means the areas consistently receiving below normal rainfall and includes such areas which in the opinion of the central government are drought prone and declared as such, by notification in the official gazette, in consultation with the governments of the states concerned;(d) "fodder" includes dry and green fodder generally fed to the livestock; (e) "food" includes cereals such as wheat, barely, maize, jowar, bajra, rice, pulses, edible oils and fuel for cooking;15(f) "prescribed" means prescribed by rules made under this act3 the appropriate government shall maintain uninterrupted food supplies in drought affected and drought prone areas for the inhabitants of such areas in such manner as may be prescribedcompulsory maintenance of food supplies in drought affected and droughtprone areas20maintenance of potable water4 the appropriate government shall maintain adequate supply of potable waterthrough tankers and other means as it may deem necessary and appropriate, in the areas covered under this act for such period as may be prescribedmaintenance of fodder supplies5 the appropriate govenment shall maintain adequate supply of fodder in the areacovered under this act by procuring fodder from other areas or states, as the case may be, in such manner and for such period as may be prescribed25ex-gratia and financial assistance to farmers6 the appropriate government shall provide ex-gratia and adequate financialassistance to farmers of the areas covered under this act according to the estimated losses caused by withered crops and for revival of agricultural activities in such manner as may be prescribed30diversification of cropping pattern7 the central government shall, with the help of krishi vikas kendras and othersuch organisations and research centres working for the diversification of cropping system, take steps for diversification of crops from water intensive crops to low water requirement crops in areas covered under this act to save the ground water and reduce the dependence on rainscreation of water bodies358 the appropriate government shall promote the creation of traditional and otherwater bodies like lakes, ponds, wells, ditches, etc for the collection of rainwater in order to recharge the ground water in the areas covered under this actpromotion of rainwater harvesting9 the appropriate government shall promote rainwater harvesting in the areas coveredunder this act, by providing the necessary technique and equipments free of cost through the village panchayat in such manner as may be prescribed40afforestation programme10 the appropriate government shall promote community afforestation programmes,from time to time, in the areas covered under this act, as long term action plan of such areas in such manner as may be prescribed4511 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 fundspower to give directions12 the central government may give such directions to the government of any state having areas covered under this act within its territorial jurisdiction, as may appear it to be necessary for carrying out in the state any of the provisions of this act or of any rule made there under513 the provisions of this act shall be in addition to and not in derogation of anyother law for the time being in force dealing with the subject matter of this actact to supplement other lawspower to make rules14 (1) the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act1015(2) every rule made under this act, shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both the houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule statement of objects and reasonsof late santhal pargana and other regions of the state of jharkhand and their adjoining areas are slowly turning into drought prone areas where truant monsoons are playing havoc very frequently normal rainfall has become rare in these regions of the state similarly, large number of areas in various parts of our vast country have either turned drought prone or have been affected by drought some time or the other playing havoc and bringing miseries to the people and their livestock in such areas when drought conditions engulf any area, the worst sufferers are the farmers and other inhabitants, having no food to eat and water to drink for their survival, resulting in their exodus in such areas, starvation deaths are very common the worst sufferers are the mute livestock their owners leave them stray and without fodder and water ultimately resulting in their death the farmers lose their crops and hopes the indebted farmers do not have money to restart agricultural operations even if they want frustrated with dashing hopes, many of them take extreme step of committing suicides santhal pargana region of jharkhand has become synonymous with suicides of farmersit has been observed that in jharkhand and other parts of the country, the farmers have started growing water intensive cash crops to earn more money, resulting in decline of ground water levels to dangerous levels which makes such areas drought prone hence, diversification of crops from water intensive ones to crops needing very less water has become necessity of the day promotion of water bodies like lakes, ponds, wells, ditches etc, rainwater harvesting and community afforestation programmes have become necessary for the drought affected and drought prone areasat the same time, it is necessary that the supply of food, potable water and fodder is maintained uninterrupted or priority so that people do not have to leave their places and their livestock is not left to die the farmers need to be given ex-gratia and financial assistance so that they do not take extreme steps of committing suicidehence, this billnew delhi;nishikant dubeymarch 24, 2015 financial memorandumclause 6 of the bill provides for the ex-gratia and financial assistance to farmersclause 11 provides that the central government shall provide requisite funds for the purposes of this act the bill, therefore, if enacted, will involve expenditure from the consolidated fund of india at this stage, it is not possible to estimate the amount likely to be incurred however, it is estimated that an annual recurring expenditure of rupees thirty thousand crore will be involved out of the consolidated fund of indiaa non-recurring expenditure to the tune of rupees fifty thousand 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 provide for the special provisions such as compulsory maintenance of food and potable water supplies for human consumption and fodder for livestock of the farmers, financial assistance for lost crops to farmers in drought affected areas of the country;creation of water bodies like lakes, ponds, wells, rainwater harvesting, diversification of water intensive crops to low water intensive requirement crops; community afforestation programmes and other action plan for the drought prone areas of the country and for matters connected therewith and incidental thereto————(shri nishikant dubey, mp) | Parliament_bills | 2c5a28ef-0229-5de1-b85b-3481f600b994 |
bill no xxvii of 2008 the criminal law (amendment) bill, 2008 a billfurther to amend the indian penal code, 1860, the code of criminal procedure, 1973and the indian evidence act, 1872be it enacted by parliament in the fifty-ninth year of the republic of india as follows:— chapter i preliminary1 (1) this act may be called the criminal law (amendment) act, 2008short title and extent(2) it extends to the whole of india except the state of jammu and kashmir chapter ii amendments to the indian penal code, 186045 of 18602 after section 166 of the indian penal code, the following section shall be inserted, namely:—insertion of new section 166a"166a whoever, being a public servant,—(a) knowingly disobeys any direction of the law prohibiting him from requiring the attendance at any place of any person for the purpose of investigation into an offence or other matter; or(b) knowingly disobeys any direction of the law regulating the manner in which he shall conduct such investigation, to the prejudice of any person, shall be punished with imprisonment for a term which may extend to one year or with fine or with both"3 section 354 of the indian penal code shall be omittedomission of section 3544 for section 375 of the indian penal code the following section shall be substituted, namely:—substitution of new section for section 375sexual assault375 "sexual assault means;—(a) introduction to any extend by a man of his penis, into the vagina(which term shall include the labia majora), the anus or urethra or mouth of any women or child; or(b) introduction to any extent by a man of an object or a part of the body(other than the penis) into the vagina (which term shall include the labia majora) or anus or urethra of a women or child; or(c) manipulating any part of the body of a child so as to cause penetration of the vagina (which term shall include the labia majora) or anus or urethra of the offender by any part of the child's bodyin circumstances falling under any of the six following descriptions: first—against the complainant's will secondly—without the complainant's consent thirdly—with the complainant's consent, when such consent has been obtained by putting her or any person in whom the complainant is interested in fear of death or hurtfourthly—with the complainant's consent, when the man knows that he is not the husband of such complainant and that the complainant's consent is given because the complainant believes that the offender is another man to whom the complainant is or believes herself to be lawfully married fifthly—with the consent of the complainant, when, at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by the offender personally or through another of any stupefying or unwholesome substance, the complainant is unable to understand the nature and consequences of that to which such complainant gives consent sixthly—with or without the complainant's consent, when such complainant is under eighteen years of age: provided that consent shall be a valid defence, if the complainant is between sixteen years and eighteen years of age and the accused person is not more than five years olderexplanation—consent means the unequivocal voluntary agreement by a person to engage in the sexual activity in question5 section 376a of indian penal code shall be omittedomission of section 376a6 for section 376 b of the ipc the following section shall be substituted, namely,—substitution of new section for section 376b sexual intercourse by public servant with woman in his custody376b whoever, being a public servant, takes advantage of his official position and induces or seduces any woman, who is in his custody as such public servant or in the custody of a public servant subordinate to him, to have sexual intercourse with him, such sexual intercourse not amounting to the offence of sexual assault, shall be punished with imprisonment of either description for a term which shall not be less than five years and which may extend to ten years and shall also be liable to fine explanation—"sexual intercourse" means any of the acts mentioned in clauses (a)to (c) of section 3757 for section 376c of the ipc, the following section shall be substituted, namely,—substitution of new section for section 376c sexual intercourse by superintendent of jail, remand home376c whoever, being the superintendent or manager of a jail, remand home or other place of custody established by or under any law for the time being in force or of a women's or children's institution takes advantage of his/her official position and induces or seduces any inmate of such jail, remand home, place or institution to have sexual intercourse with him or her, such sexual intercourse not amounting to the offence of sexual assault, shall be punished with imprisonment of either description for a term which shall not be less than five years and which may extend to ten years and shall also be liable to fine explanation 1—"superintendent" in relation to jail, remand home or other place of custody or a women's or children's institution includes a person holding any other office in such jail, remand home, place or institution by virtue of which he or she can exercise any authority or control over its inmatesexplanation 2—the expression "women's or children's institution" shall have the same meaning as in explanation 2 to sub-section (2) of section 376explanation 3—sexual intercourse means any of the acts mentioned in clauses (a)to (c) of section 3758 for section 376d of the ipc, the following section shall be subsituted, namely,—substitution of new section for section 376d376d whoever, being on the management of a hospital or being on the staff of a hospital takes advantage of his or her position and has sexual intercourse with a woman or minor in that hospital, such sexual intercourse not amounting to the offence of sexual assault, shall be punished with imprisonment of either description for term which shall not be less than five years and which may extend to ten years and shall also be liable to finesexual intercourse by any member of the management or staff of a hospital with any woman or minor in that hospitalexplanation 1—the expression "hospital" shall have the same meaning as in explanation 3 to sub-section (2) of section 376explanation 2—sexual intercourse means any of the acts mentioned in clauses (a)to (c) of section 3759 after section 376d, of the ipc the following section shall be inserted, namely:—insertion of new section 376eunlawful sexual contact376e (1) any man who with a sexual intent, touches, directly or indirectly, with a part of the body or with an object, any part of the body of a woman, without the consent of such woman, shall be punished with simple imprisonment for a term which may extend to three years or with fine or with both(2) whoever with a sexual intent—(a) touches, directly or indirectly, with a part of the body or with an object any part of the body of a minor, or(b) invites, counsels or incites a minor to touch, directly or indirectly, with a part of the body or with an object, the body of any person, including the body of the person who so invites, counsels or incites the minorshall be punished with imprisonment of either description which may extend to five years and shall also be liable to fine(3) whoever being in a position of trust or authority towards a minor or being a person with whom the minor is in a relationship of dependency—(a) touches, directly or indirectly, with a sexual intent, with a part of the body or with an object, any part of the body of such minor, or(b) with a sexual purpose, invites, counsels or incites a minor to touch, directly or indirectly, with a part of the body or with an object, the body of any person, including the body of the person who so invites, counsels or incites the minorshall be punished with imprisonment of either description which may extend to seven years and shall also be liable to fine10 for section 377 of the ipc the following section shall be substituted, namely,—substitution of new section for section 377unnatural offences377 any adult person who has sexual intercourse with another adult person of the same sex against the will and without the consent of the other adult person shall be punishable with imprisonment of either description for a term which may extend to seven years and shall also be liable to fine explanation 1—penetration of the anus or mouth by the penis or penetration by an object or part of the body into the anus or vagina is necessary to constitute the sexual intercourse necessary for the offence described in this sectionexplanation 2—no consent is obtained for the purpose of this section if it has been obtained by coercion or under undue influence or if the person giving the consent is under the influence of intoxication or of unsoundness of mind or mistake as to the identity of the offender11 for section 509 of the ipc the following section shall be substituted, namely,—substitution of new section for section 509 word, gesture or act with a sexual intent or with the intention to insult a woman509 whoever, with an unwelcome sexual intent or with the intent to insult any woman, utters any word, makes any sound or gesture, or exhibits any object or a part of the body, intending that such word or sound shall be heard, or that such gesture or object shall be seen, by such woman, or intrudes upon the privacy of such woman, shall be punished with imprisonment of either description for a term which may extend to three years and shall also be liable to fine12 after section 509, of the ipc the following sections shall be inserted, namely;—insertion of new section 509a, 509b and 509c509a (a) whoever, with a sexual intent utters any word, makes any sound or gesture or exhibits any objects or a part of the body intending that such word or sound shall be heard or that such gesture or object shall be seen by a minor, orword, gesture or act with a sexual intent to a minor(b) whoever makes a minor witness any sexual activity shall be punished with imprisonment of either description for a term which may extend to five years but shall not be less than three yearsexplanation—"minor" for the purpose of this section shall be any person under the age of sixteen years509b any person who stalks a woman with the intention to cause,—stalking a woman(a) serious harm or injury to that woman or a third person or(b) apprehension or fear of serious harm or injury to that woman or to a third person shall be punished with imprisonment of either description which may extend to seven years and shall also be liable to fine explanation 1—for the purpose of this section, a person shall be taken to stalk a woman if, on at least three occasions, that person—(a) follows or approaches the woman; (b) loiters near, watches, approaches or enters a place where woman resides, works or visits;(c) keeps the woman under surveillance; (d) interferes with the property in possession of the woman; (e) gives or sends offensive material to the woman or leaves offensive material where it is likely to be found by, given to or brought to the attention of the woman;(f) telephones or otherwise contacts the woman; (g) acts covertly in a manner that could reasonably be expected to arouse apprehension or fear in that woman; or(h) engages in conduct amounting to intimidation, or an offence under section 509 explanation 2—'harm' means physical as well as mental harmother forms of stalking509c whoever by means of a telecommunication device or by any other electronic form, including the internet knowingly makes, creates or solicits or initiates the transmission of any comment, request, suggestion, proposal, image or other communication which is obscene, lewd, luscious, filthy or indecent with intent to annoy, abuse, threaten or harass or stalk the another person shall be punished with imprisonment of either decription which may extend to seven years or with fine or with both chapter iii amendments to the code of criminal procedure, 19732 of 197413 for section 53a of the code of criminal procedure, 1973 the following sectionshall be substituted, namely:—substitution of new section for section 5345 of 1860explanation of person accused of sexual assault or sexual intercourse53a (1) when a person accused of any of the offences under sections 376,376a, 376b, 376c, 376d, 376e or 377 of the indian penal code or of an attempt to commit any of the said offences is arrested and examination of his or her is to be made under this section he or she shall be sent without delay to the registered medical practitioner by whom he or she is to be examined(2) the registered medical practitioner conducting such examination shall without delay examine such person and prepare a report specifically recording the result of his examination with the following particulars:(i) the name and address of the accused and the person by whom he was brought;(ii) the age of accused; (iii) marks of injury, if any, on the accused and (iv) other material particulars in reasonable detail(3) the report shall state precisely the reasons for each conclusion arrived at2 of 1974(4) the exact time of commencement and completion of the examination shall also be noted in the report, and the registered medical practitioner shall, without delay, forward the report to the investigating officer, who shall forward it to the magistrate as part of the documents as referred in section 173 (5) (a) of the code of criminal procedure, 197314 in section 160 of the code of criminal procedure, 1973,—amendment of section 160(i) in sub-section (1) for the existing proviso the following proviso shall be substituted, namely:—provided that no male person under the age of sixteen years or woman shall be required to attend at any place other than the place in which such male person or woman resides and while recording the statement, a relative or a friend or a social worker of the choice of the person whose statement is being recorded shall be allowed to remain present (ii) after sub-section (2) the following sub-sections shall be inserted, namely:—45 of 1860(3) where under this chapter, the statement of a female is to be recorded either as first information of an offence or in the course of an investigation into an offence against whom an offence under sections 375, 376, 376a, 376b, 376c, 376d, 377 or 509 of the indian penal code is alleged to have been committed or attempted, the statement shall be recorded by a female investigating officer and in case a female investigating officer is not available, by a female government servant available in the vicinity and in case a female government servant is not available, by a female authorised by an organisation interested in the welfare of women or children(4) where in any case none of the alternatives mentioned in sub-section(3) can be followed for the reason that no female investigating officer or female government servant or female authorised by an organisation interested in the welfare of women and children is available, the officer in charge of the police station shall, after recording the reasons in writing, proceed with the recording of the statement of such female victim in the presence of a relative of the victim15 in section 164 of the code of criminal procedure, after sub-section (1) the following sub-section shall be inserted, namely:—insertion of new clause (1a) to section 164(1a) any statement made under sub-section (1) by a person below the age of eighteen years who is a victim of sexual assault under section 375, 376 or 509 shall, except in exceptional circumstances be videotaped16 for section 164a of the code of criminal procedure the following section shall be substituted, namely;—substitution of new section for section 164amedical examination of the victim of sexual assault164a (1) where, during the stage when any offence under section 376, 376a,376b, 376d is under investigation and it is proposed to get the victim examined by a medical expert, such examination shall be conducted by a medical expert or registered medical practitioner, with the consent of the complainant or of some person competent to give such consent on his or her behalf and in all cases, the complainant shall be sent for such examination without any delay:provided that if the complainant happens to be a female, the medical examination shall be conducted by a female medical officer as far as possible(2) the registered medical practitioner shall without delay examine the person and prepare a report specifically recording the result of his or her examination with the following particulars:(i) the name and address of the accused and the person by whom he or she was brought;(ii) the age of complainant; (iii) marks of injury, if any, on the complainant; (iv) general mental condition of the complainant; and (v) other material particulars, in reasonable detail(3) the report shall state precisely the reasons for each conclusion arrived at (4) the report shall specifically record that the consent of the complainant or of some person competent to give such consent on his or her behalf to such examination had been obtained2 of 1974(5) the exact time of commencement and completion of the examination shall also be noted in the report, and the registered medical practitioner shall, without delay, forward the report to the investigating officer, who shall forward it to the magistrate as part of the documents as referred in section 173 (5) (a) of the code of criminal procedure, 1973(6) nothing in this section shall be construed as rendering lawful any examination without the consent of the complainant or any person competent to give such consent on his or her behalfamendment of section 19817 in section 198, of the code of criminal procedure in sub-section (6) for the words,'sexual intercourse' and 'fifteen' the words, 'sexual assault' and 'sixteen' respectively, shall be substituted18 in section 273, of the code of criminal procedure the following provisos shall be inserted, namely:—amendment to section 273provided that where the evidence of a person below eighteen years who is alleged to have been subjected to sexual assault or any other sexual offence, is to be recorded the court shall, take appropriate measures to ensure that such person is not confronted by the accused, which may include videotaping evidence of the complainant in a place to be decided by the court, or placing a screen between the complainant and the accused and others:provided further that the cross-examination of a person below eighteen years shall be carried out by the court on questions put to it by the accused or his counsel19 (1) in section 309, of the code of criminal procedure in sub-section (1) the following proviso shall be inserted, namely:—amendment of section 30945 of 1860provided that where the inquiry or the trial relates to an offence under section376 to 376d of the indian penal code, the judgement shall, as far as possible be delivered within a period of one year from the date of commencement of the trial chapter iv amendments to the indian evidence act, 18721 of 1872amendment of section 4520 in section 45 of the indian evidence act, after the illustration (c) the following illustration shall be inserted, namely:—45 of 1860(a) where the question is whether a child who is unable to talk has been subjected to sexual assault defined in section 375 of the indian penal code or elsewhere the opinion of an expert that the symptoms and behaviour of the child are such that they show that the child has suffered from such assault are relevant21 after section 53, of the indian evidence act the following new section shall be inserted, namely:—insertion of a new section 53a"53a in a prosecution for an offence under section 376, 376a, 376b, 376c,376d, or 376e of the indian penal code or for an attempt to commit any such offence, where the question of consent is in issue evidence of the character of the victim or of his or her previous sexual experience with any person shall not be relevant on the issue of such consent or the quality of consent"22 for section 114a of the indian evidence act, the following section shall be substituted namely:—substitution of new section for section 114a45 of 1860presumption as to absence of consent in certain presecutions for sexual assault"114a in a prosecution for sexual assault under clause (a) or clause (b) or clause (c)or clause (d) or clause (e) or clause (g) of sub-section (2) of section 376 of the indian penal code, where sexual intercourse by the accused is proved and the question is whether it was without the consent of the other person alleged to have been sexually assaulted and such other person states in his or her evidence before the court that he or she did not consent, the court shall presume that he or she did not consent"explanation:—"sexual intercourse" in this section means any of the acts mentioned in clause (a) to (c) of section 375 of the indian penal code23 in section 146 of the indian evidence act, the following proviso shall be inserted, namely:—amendment of section 14645 of 1860provided that in a prosecution for an offence under section 376, 376a, 376b,376c or 376d of the indian penal code or for an attempt to commit any such offence, where the question of consent is in issue, it shall not be permissible to adduce evidence or to put questions in the cross-examination of the victim as to his or her general immoral character, or as to his or her pervious sexual experience with any person for proving such consent or the quality of consent"24 after section 167 of the indian evidence act, the following section shall be inserted, namely:—insertion of new section 168"168 in any trial or inquiry related to sexual assault of a minor under section375, 376 and 509 of the indian penal code, the video taped statement of the minor made before a magistrate is admissible in evidence, if the complainant while testifying adopts the contents of the videotaping" statement of objects and reasonsthe one hundred and seventy second report of the law commission submitted in march, 2000 focuses on the need to review the existing rape laws in the light of increased incidents of custodial rape and crimes of sexual abuse against minors the crime of sexual assault on a child causes lasting damage to the child and as such, it is essential to prevent sexual abuse of children through stringent provisions the united nations conventions and various constitutional provisions underline the need for protection of the child from all forms of sexual exploitationthe commission, in its report recommends changes for widening the scope of the offences in section 375 of the indian penal code it also recommends various other changes in sections 376, 376a to 376d, introduction of a new section dealing with unlawful sexual contact, substitution of section 377 of the indian penal code and enhancement of punishment in section 509 of the indian penal code in order to plug the loopholes in procedural provisions, it further recommends various changes in the code of criminal procedure, 1973 and the indian evidence act, 1872in order to implement the recommendations of the law commission, necessary changes in the indian penal code and relevant sections of the code of criminal procedure and the indian evidence act is necessaryhence this billbrinda karat annexure extracts from the indian penal code, 1860 public servant disobeying law, with intent to cause injury to any person166 whoever, being a public servant, knowingly disobeys any direction of the law as to the way in which he is to conduct himself as such public servant, intending to cause, or knowing it to be likely that he will, by such disobedience, cause injury to any person, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both illustrationa, being an officer directed by law to take property in execution, in order to satisfy a decree pronounced in z's favour by a court of justice, knowingly disobeys that direction of law, with the knowledge that he is likely thereby to cause injury to z a has committed the offence defined in this sectionpublic servant framing an incorrect document with intent to cause injury167 whoever, being a public servant, and being, as such public servant, charged with the preparation or translation of any document, frames or translates that document in a manner which he knows or believes to be incorrect, intending thereby to cause or knowing it to be likely that he may thereby cause injury to any person, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both assault or criminal force to woman with intent to outrage her modesty354 whoever assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will there by outrage her modesty, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both any woman, who is in his custody as such public servant or in the custody of a public servant subordinate to him, to have sexual intercourse with him, such sexual intercourse not amounting to the offence of rape, shall be punished with imprisonment of either description for a term which may extend to five years and shall also be liable to fineintercourse by superintendent of jail, remand home, etc376c whoever, being the superintendent or manager of a jail, remand home or other place of custody established by or under any law for the time being in force or of a women's or children's institution takes advantage of his official position and induces or seduces any female immate of such jail, remand home, place or institution to have sexual intercourse with him, such sexual intercourse not amounting to the offence of rape, shall be punished with imprisonment of either description for a term which may extend to five years and shall also be liable to fineexplanation 1—"superintendent" in relation to a jail, remand home or other place of custody or a women's or children's institution, includes a person holding any other office in such jail, remand home, place or institution by virtue of which he can exercise any authority or control over its inmatesexplanation 2—the expression "women's or children's institution" shall have the same meaning as in explanation 2 to sub-section (2) of section 376376d whoever, being on the management of a hospital or being on the staff of a hospital takes advantage of his position and has sexual intercourse with any woman in that hospital, such sexual intercourse not amounting to the offence of rape, shall be punished with imprisonment of either description for a term which may extend to five years and shall also be liable to fineintercourse by any member of the management or staff of a hospital with any woman in that hospitalexplanation—the expression "hospital" shall have the same meaning as in explanation 3 to sub-section (2) of section 376unnatural offences377 whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with [imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fineexplanation—penetration is sufficient to constitute the carnal intercourse necessary to the offence described in this section word, gesture or act intended to insult the modesty of a woman509 whoever, intending to insult the modesty of any woman, utters any word, makes any sound or gesture, or exhibits any objects, intending that such word or sound shall be heard, or that such gesture or objects shall be seen, by such woman, or intrudes upon the privacy of such woman, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with bothmisconduct in public by a drunken person510 whoever, in a state of intoxication, appears in any public place, or in any place which it is a trespass in him to enter, and there conducts himself in such a manner as to cause annoyance to any person, shall be punished with simple imprisonment for a term which may extend to twenty-four hours, or with fine which may extend to ten rupees, or with both extracts from the code of criminal procedure, 1973 53a examination of persons accused of rape by medical practitioner (1) when a person is arrested on a charge of committing an offence of rape or an attempt to commit rape and there are reasonable grounds for believing that an examination of his person will afford evidence as to the commission of such offence, it shall be lawful for a registered medical practitioner employed in a hospital run by the government or by a local authority and in the absence of such a practitioner within the radius of sixteen kilometers from the place where the offence has been committed, by an other registered medical practitioner, acting at the request of a police officer not below the rank of a sub-inspector, and for any person acting in a good faith in his aid and under his direction to make such an examination of the arrested person and to use such force as his reasonably necessary for that purpose(2) the registered medical practitioner conducting such examination shall, without delay, examines such person and prepare a report of his examination giving the following particulars, namely:—(i) the name and address of the accused and of the person by whom he was brought;(ii) the age of the accused; (iii) marks of injury, if any, on the person of the accused; (iv) the description of material taken from person of the accused for dnaprofiling; and(v) other material particulars in reasonable detail(3) the report shall state precisely the reasons for each conclusion arrived at (4) the exact time of commencement and completion of the examination shall also be noted in the report(5) the registered medical practitioner shall, without delay, forward the report to the investigating officer, who shall forward it to the magistrate referred to in section 173 as part of the documents as referred to in clause (a) of sub-section 5 of that section rape375 a man is said to commit "rape" who, except in the case hereinafter excepted, has sexual intercourse with a woman under circumstances falling under any of the six following descriptions:—first—against her will secondly—without her consent thirdly—with her consent, when her consent has been obtained by putting her or any person in whom she is interested in fear of death or of hurtfourthly—with her consent, when the man knows that he is not her husband, and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully marriedfifthly—with her consent, when, at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by him personally or through another of any stupefying or unwholesome substance, she is unable to understand the nature and consequence of that to which she gives consentsixthly—with or without her consent, when she is under sixteen years of age explanation—penetration is sufficient to constitute the sexual intercourse necessary to the offence of rapeexception—sexual intercourse by a man with his own wife, the wife not being under fifteen years of age, is not rape intercourse by a man with his wife during separation376a whoever has sexual intercourse with his own wife, who is living separately from him under a decree of separation or under any custom or usage without her consent shall be punished with imprisonment of either description for a term which may extend to two years and shall also be liable to fine376b whoever, being a public servant, takes advantage of his official position and induces or seduces, intercourse by public servant with woman in his custody 160 police officer's power to require attendance of witnesses(1) any police officer, making an investigation under this chapter may, by order in writing, require the attendance before himself of any person being within the limits of his own or any adjoining station who, from the information given or otherwise, appears to be acquainted with the facts and circumstances of the case; and such person shall attend as so required:provided that no male person under the age of fifteen years or woman shall be required to attend at any place other than the place in which such male person or woman resides(2) the state government may, by rules made in this behalf, provide for the payment by the police officer of the reasonable expenses of every person, attending under sub-section (1) at any place other than his residence 164 recording of confessions and statements(1) any metropolitan magistrate or judicial magistrate may, whether or not he has jurisdiction in the case, record any confession or statement made to him in the course of an investigation under this chapter or under any other law for the time being in force, or at any time afterwards before the commencement of the inquiry or trial:provided that no confession shall be recorded by a police officer on whom any power of a magistrate has been conferred under any law for the time being in force(2) the magistrate shall, before recording any such confession, explain to the person making it that he is not bound to make a confession and that, if he does so, it may be used as evidence against him; and the magistrate shall not record any such confession unless, upon questioning the person making it, he has reason to believe that it is being made voluntarily(3) if at any time before the confession is recorded, the person appearing before the magistrate states that he is not willing to make the confession, the magistrate shall not authorise the detention of such person in police custody(4) any such confession shall be recorded in the manner provided in section281 for recording the examination of an accused person and shall be signed by the person making the confession; and the magistrate shall make a memorandum at the foot of such record to the following effect:—"i have explained to (name) that he is not bound to make a confession and that, if he does so, any confession he may make may be used as evidence against him and i believe that this confession was voluntarily made it was taken in my presence and hearing, and was read over to the person making it and admitted by him to be correct, and it contains a full and true account of the statement made by him (5) any statement (other than a confession) made under sub-section (1) shall be recorded in such manner hereinafter provided for the recording of evidence as is, in the opinion of the magistrate, best fitted to the circumstances of the case; and the magistrate shall have power to administer oath to the person whose statement is so recorded(6) the magistrate recording a confession or statement under this section shall forward it to the magistrate by whom the case is to be inquired into or tried 164a medical examination of the victim of rape164a (1) where, during the stage when an offence of committing rape or attempt to commit rape is under investigation, it is proposed to get the person of the woman with whom rape is alleged or attempted to have been committed or attempted, examined by a medical expert, such examination shall be conducted by a registered medical practitioner employed in a hospital run by the government or a local authority and in the absence of such a practitioner, by any other registered medical practitioner, with the consent of such woman or of a person competent to give such consent on her behalf and such woman shall be sent to such registered medical practitioner within twenty-four hours from the time of receiving the information relating to the commission of such offence(2) the registered medical practitioner, to whom such woman is sent, shall, without delay, examine her person and prepare a report of his examination giving the following particulars, namely:—(i) the name and address of the woman and of the person by whom she wasbrought;(ii) the age of the woman; (iii) the description of material taken from the person of the woman for dnaprofiling;(iv) marks of injury, if any, on the person of the woman; (v) general mental condition of the woman; and (vi) other material particulars in reasonable detail(3) the report shall state precisely the reasons for each conclusion arrived at (4) the report shall specifically record that the consent of the women or of the person competent to give such consent on her behalf to such examination had been obtained(5) the exact time of commencement and completion of the examination shall also be noted in the report(6) the registered medical practitioner shall, without delay forward the report to the investigating officer who shall forward it to the magistrate referred to in section 173 as part of the documents referred to in clause (a) of sub-section (5) of that section(7) nothing in this section shall be construed as rendering lawful any examination without the consent of the woman or of any person competent to give such consent on her behalfexplanation—for the purposes of this section, "examination" and "registered medical practitioner" shall have the same meanings as in section 53 198 prosecution for offence against marriage (1) no court shall take congnizance of an offence punishable under chapter xx of the indian penal code (45 of 1860) except upon a complaint made by some person aggrieved by the offence:provided that—(a) where such person is under the age of eighteen years or is an idiot or a lunatic, or is from sickness or infirmity unable to make a complaint, or is a woman who, according to the local customs and manners, ought not to be compelled to appear in public, some other person may, with the leave of the court, make a complaint on his or her behalf;(b) where such person is the husband and he is serving in any of the armed forces of the union under conditions which are certified by his commanding officer as precluding him from obtaining leave of absence to enable him to make a complaint inperson, some other person authorised by the husband in accordance with the provisions of sub-section (4) may make a complaint on his behalf;(c) where the person aggrieved by an offence punishable under [section 494 or section 495] of the indian penal code (45 of 1860) is the wife, complaint may be made or her behalf by her father, mother, brother, sister, son or daughter or by her father's or mother's brother or sister [,or, with the leave of the court, by any other person related to her by blood, marriage or adoption] (2) for the purposes of sub-section (1), no person other than husband of the woman shall be deemed to be aggrieved by any offence punishable under section 497 or section 498 of the said code:provided that in the absence of the husband, some person who had care of the woman on his behalf at the time when such offence was committed may, whith the leave of the court, make a complaint on his behalf(3) when in any case falling under clause (a) of the proviso to subsection (1), the complaint is sought to be made on behalf of a person under the age of eighteen years or of a lunatic by a person who has not been appointed or declared by a competent authority to be the guardian of the person of the minor or lunatic, and the court is satisfied that there is a guardian so appointed or declared, the court shall, before granting the application for leave, cause notice to be given to such gardian and give him a reasonable opportunity of being heard(4) the authorisation referred to in clause (b) of the proviso to subsection (1), shall be in writing, shall be signed or otherwise attested by the husband, shall contain a statement to the effect that he has been informed of the allegations upon which the complaint is to be founded, shall be countersigned by his commanding officer, and shall be accompanied by a certificate signed by that officer to the effect that leave of absence for the purpose of making a complaint in person cannot for the time being be granted to the husband(5) any document purporting to be such an authorisation and complying with the provisions of sub-section (4) , and any document purporting to be a certifcate required by that sub-section shall, unless the contrary is proved, be presumed to the genuine and shall be received in evidence(6) no court shall take cognizance of an offence under section 376 of the indian penal code, where such offence consists of sexual intercourse the a man with his own wife, the wife being under fifteen years of age, if more than one year has elapsed from the date of the commission of the offence(7) the provisions of this section apply to the abetment of, or attempt to commit, an offence as they apply to the offence 273 evidence to be taken in presence of accused except as otherwise expressly provided, all evidence taken in the course of the trial or other proceeding shall be taken in the presence of the accused, or, when his personal attendance is dispensed with, in the presence of his pleaderexplanation—in this section, "accused" includes a person in relation to whom any proceeding under chapter viii has been commenced under this code 309 power to postpone or adjourn proceedings(1) in every inquiry or trial, the proceedings shall be held as expeditiously as possible, and in particular, when the examination of witnesses has once begun, the same shall be continued from day to day until all the witnesses in attendance have been examined, unless the court finds the adjournment of the same beyond the following day to be necessary for reasons to be recorded(2) if the court, after taking cognizance of an offence, or commencement of trail, finds it necessary or advisable to postpone the commencement of, or adjourn, any inquiry or trial, it may, from time to time, for reasons to be recorded, postpone or adjourn the same on such terms as it thinks fit, for such time as it considers reasonable, and may by a warrant remand the accused if in custody:provided that no magistrate shall remand an accused persons to custody under this section for a term exceeding fifteen days at a time:provided further that when witnesses are in attendance, no adjournment or postponement shall be granted, without examining them, except for special reasons to be recorded in writing:[provided also that no adjournment shall be granted for the purpose only of enabling the accused person to show cause against the sentence proposed to be imposed on him]explanation 1—if sufficient evidence has been obtained to raise a suspicion that the accused may have committed an offence, and it appears likely that further evidence may be obtained by a remand, this is a reasonable cause for a remandexplanation 2—the terms on which an adjournment or postponement may be granted include, in appropriate cases, the payment of costs by the prosecution or the accused extracts from the indian evidence act, 1872 45 opinions of experts —when the court has to form an opinion upon a point of foreign law, or of science, or art, or as to identity of handwriting (or finger impressions), the opinions upon that point of persons specially skilled in such foreign law, science or art, (or in questions as to identity of handwriting) (or finger impressions) are relevant factssuch persons are called experts illustrations(a) the questions is, whether the death of a was caused by poison the opinions of experts as to the symptoms produced by the poison by which a is supposed to have died, are relevant(b) the question is, whether a, at the time of doing a certain act, was, by reason of unsoundness of mind, incapable of knowing the nature of the act, or that he was doing what was either wrong or contrary to law the opinions of experts upon the question whether the symptoms exhibited by a commonly show unsoundness of mind, and whether such unsoundness of mind usually renders persons incapable of knowing the nature of the acts which they do, or of knowing that what they do is either wrong or contrary to law, are relevant(c) the question is, whether a certain document was written by a another document is produced which is proved or admitted to have been written by athe opinions of experts on the question whether the two documents were written by the same person or by different persons, are relevant 114a presumption as to absence of consent in certain prosecutions for rape—in a prosecution for rape under clause (a) or clause (b) or clause (c) or clause (d) or clause (e) or clause (g) of sub-section (2) of section 376 of the indian penal code, where sexual intercourse by the accused is proved and the question is whether it was without the consent of the woman alleged to have been raped and she states in her evidence before the court that she did not consent, the court shall presume that she did not consent 146 questions lawful in cross-examination—when a witness is cross-examined, he may, in addition to the questions hereinbefore referred to, be asked any questions which tend—(1) to test his veracity, (2) to discover who he is and what is his position in life, or (3) to shake his credit, by injuring his character, although the answer to such questions might tend directly or indirectly to criminate him or might expose or tend directly or indirectly to expose him to a penalty or forfeiture the evidence is admissible 167 no new trial for improper admission or rejection of evidence—the improper admission or rejection of evidence shall not be ground of itself for a new trial or reversal of any decision in any case, if it shall appear to the court before which such objection is raised that, independently of the evidence objected to and admitted, there was sufficient evidence to justity the decision, or that, if the rejected evidence had been received, it ought not to have varied the decision rajya sabha———— a billfurther to amend the indian penal code, 1860, the code of criminal procedure, 1973 and the indian evidence act, 1872————(shrimati brinda karat, mp)mgipmrnd—4738rsrs(s-5)—31-12-2008 | Parliament_bills | e20faa10-c0bd-5853-b33d-145c93da6eb3 |
the sl gar de 8101· g~\ t fll-id bill, 1~ 81 l-tq bel as introcuced in 10k sabha 71 page 2, in the marginal heading t~ clause 3,-ru "develoonent" maa ""elopment" 2 page 2, line 37,-ru "purpose" ~ "purnoses" ne:"[ delhi , agrah !iyana ')3, 19' 3 ( s-tka) (2) an amount equivalent to the proceede of the duty of exci8e levied am coueeted under the sugar c act, 1981, reduced by the colt of eollection u detennined by the central government, toptber with any moneys received by the central government for the· purpoiib of tbia act, shall, after due appropriation made by parliament by law, be credited to the fund (3) the fund shall consist of the amounts cl'edited under sub-section (z) and any income from investment of such amounts 10 l (1) the i'udd ihail be applied by tbe catnl go\reniiuiat,-(g) , ", i08'di for faciutatida the nhajaui-tiod uacl ~dod of au)' aupr factory or aay wdt tbenai or the taiddc of alit _heme far dewlapment of iqi'ucade in the an iii wwch at iiup1' faetory is lituted; ' 15 (b) foro mplrin, ~dta for til purpole of bjly dm'jii'cb project at developmeat of iiupi' tddultry; ( (e) for defrafiq ally' ouaer upeadltur tor the purposes of tills ad (~) t~ manner in which any loant; or grants may be made udger co thla hctton md the terms and conditlodb subject to which such loans or gluts maybe made shall be such as may be p~bea 5 every application for loan or grant under section 4 abau be made to the committee in such manner and in iuch form as may be prelcribed appucat\ou lor loa or ,te 6wndt (1) f_ the puipom'of iwlii'lii, ~ eouweratioa ajul u,olll5 tee oj reeeivett udder 5 iidd for eout d, pmlln - iii the cd1iiie of tile ~ of thja act, the catni gov' ' -t1iur7 eoutitate a eommutee of oileeai of that 0- (2) the composition of the committee and the proceclure to be followed by the committee in tbedilcharge of its functions under thllid· act hall be such as may be presc:r1bed ' 7 the central government aball, as soon as may be, after the end of each ftnanclal year, cause to be publilbed in the offtclal gazette, - ~ report glvinl an llcc!ount of the aettviti fbw1ced under this act durtng the 1inancial ~, together with a statement of accounts s5 8 the central government may require an occupier of a s\lllu' factory to turd!sb, for the·p\u'l)oie' of tb1a aet, such tatwlcal mel other information, in such form and within suclt period as may be preterlbed , _ : , i r aaaaa1 ,art 01 ac:ttis-u flnedced ud4er tm mt powe-r to cell for nporti dis , t (j) tbacentral ~t aq ,by llowteadcd ul the omes! power gaaette, make rulal fer clrry1nf out the provts1oni of this act to mab (2) in partic:ul8r and without tnjudice to the generality of _ ru1il faregom, power, sueh rules may pj'ov'lde tor,-·5 <c), the manner in which any loea or grant may be maae ad the term and ·codditicma subject to which lueh loans or grantl,, be under eeetioa 4; , (b) ,the manner and form 'in which applications may be made under section 5; , to (e) the composition of the committee under section 6 and the proceclure to be followed by the ~ttee in, the diicbirge of its fubetiodl under this act; -' (ei) 'the fonn in which and the period within wlucb itatiatica1 and other information may be furirlshed under section 8; t5 ~~ ~ (e) 8fty other tnatter which is required to be or may be prescribed (3) every rule made under this section shall be laid, loon as may be after it is made, before each house of parliament, while it :ii in 8eaaiod, far - walperlod of·thirty day which may· be comprlled in om iellicid or m two or more sueeeasive sessions, and if, befont the exp~ of ~ tile si!iilon immediately following the &eii1on or the bucc'ei8lve &eii1ios afonia1d, both houses agree in making any moc:wk:ation in the rule or both houses agree that the rule should not be made, the rule ihid thereafter have effect only in such modi1led form or be of no eftect, u as the case may be; so, howe\fer, that my inch modifleation or annulment ball be without prejudice to the validity of aftythlng previously done under that rule ,'" ,,' 'with ~ view totnvi~1[ al8i8tanc~ for the purposes of rehabilitau, "'ana'moctemf8attcm of su~ faetgiiel, for dwtiopmento~ '-ana in the areas in which sugar factories aile situated and' 8ilaouraging , ' ~ ~,,,t d~e\~t of ilhj-' ill,4~ti:y ~ wu seeks to , provide for the fonnation of a fund to be known • tp,p §jl~ ,p;evelopment fund, and to provide for all matters connected therewith " ' ( : 2 tbe -cess on tuaar collecteg uader tbe p~o qt ,~ sugar cess bill, 1981, after deducting the c08to~,~, ·w~ 'w ~teci ~ t~ s'i~~, d,' the, ~~~, ,: ~ fgr w¥~h ~ monies ~ 1h~ fund may be appli~ ~~ve ~ s~ ~ ,~1ause ~ of ~ bill p'or ~be purpoae of securing speedy collsideration and disposal of applieat10ns fbr' uatstanee fi1olll tee, ~, cl,~ ,f ~c:ms for the coiliti~tign at a wmmtttee of oi!lcers of the central govenunent ' - ntw, llljli\l; ~ {vo ~ mwh "'~r'" 8cjs lhc8'mber, 1811 - , :1::1; \ _ su~use (1) of c~ 3 of, the bill pj:'ovi&l fq1 tao u- of " ~ supr development fljnd su~ (1) of \wi - at tm ~ ~iftes the purposes for which the fund shau be applied su~,e ,ji) of clause 6of the bill provides for the' cqd8titutjo~ of a ~-e ; 9f,qftlcersqf central government for the p1upqbe of secluin« -iy ,c:,qnsideratlon and dijp9sal of applications for essistance ~~ tbt ~ whlle no additional~~diture will be incurred on aeco\d1t ~ t~ c;o,j;l-~t~tjon of this coumtit,tee as it wul coll$ilt ot existia4 qftlc:jrs of ceil,tpl govel'!),n'lent, some ~dditional stai! wilj be required fq~' the ~nmtr~ of the fund and for rendering the necessary ! trtance t() the cio"'mj- the' expenditure on this account will be 'of the order 01 qile lakh i1q)i!is per year 2 the bill does not involve any other expenditure, wbel· qf a recurring or non-recurrin~ nature, :' , "~ -9 of the "bm' erppowers the cenu-! government to make rulei ,i;r 6";" ' ,;' ' ',/",' ' " for ,~i out· 'the p1'ov'islo,ns of the proposed leplation sub-claule 'titl>f 'that, cl8uie~el1umeratesthe matters tor which rules may be mtlde ~ telateifttn 41ig:'~to" the manner in which loans or ~ts may be riiir1e and the terms and eonditions subject to which such loans or grl2its ma, tmt'iriade, the"manner and form in which applications may be ma4e \1dder 'chiuse's; ;the composition of the committee under clause 6, the procedure to be follo,vedby the codlii}ittee in discharge of its functlon8 i!ind'the'fonn in'which and the period within which statistical and other taformaticm may be called for under clause 8 'nle matters with respect \o-which rules may be' made' are matters of procedure or detail 2 the delegation of legislative power is, therefore, of a normal character; , a , bill to provide for the financing of activities for development of aurar tdd\wtry and ffuo matter connected therewith or incidental thereto 1 (&go bi,endt'ci singh, miniiter of agriculture cmd runl ~ t10n cmci 11'rigcl'ticm cmd mmilter ttf oiril suppliel) | Parliament_bills | 775cec3b-5c06-5c95-a19c-609bb806878b |
10k s_leha cor-qi genda to 'lee 1ea (n-1endment) bill, 1977 l-to belas introduced in ldk sabha 71 page 1, in the marginal ci tation~ agains1; c'laase 2,-t:2!: "29 of 1952 ti ~ "29 of 1953 tt 2 page 5, line 10,-for "boara" ~ "!hard t1 new delli!; jull16 1q7? asadha 25, 1899 (saka) bid no of 1977 the tea (amendment) bill, 1977 a billfurther to 4mef&d the te4 act 1953 bil it enacted by parliament in the twenty-eighth year of the repubuc of india as follows:-1 this act may be called the tea (amendment) act, 1977 28 of 2 in section 9 of the tea act, 1953 (hereinafter referred to as the short 1912 principal act),-title s (4) in sub-section (1),-amendmentol section 9 (i) clause (a) shall be re-iettered as clause (44) and before clause (44) as so re-lettered, the following clause shall be inserted, namely:-10 u (a) a deputy chairman to the board who shall assist the chairman in the performance of his duties and exercise such of the powers and perfo~ such of the duties as may be prescribed or as may be delegated to him by the board or by a committee constituted by the board under section 8 or by the chairman;"; is (ti) in clause (b), for the words ua salary of rupees one thousand or more per month", the words ua salary exceeding rupees one thousand seven hundred per month" shall be substituted; (b) in sub-section (3) ,for the words "secretary and other employees", the words "deputy chairman, secretary and other employees" shall be substituted 3 in section 49 of the principal act,-amendment of section 49 (a) in sub-section (2), in clause (d), for the word "secretary", s the words "deputy chairman, secretary" shall be substituted; (b) in sub-section (3), 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 successive sessions, and if, bef-ore the expiry of the session immediately follow- 10 ing the session or the successive sessions aforesaid" shall be substituted 4 in section 50 of the principal act, in sub-section (1), in clause (b), for the word "secretary", the words "deputy chairman, secretary" shall be substituted is amendment of section 60 m~~ ~d p:rornq~jl o{ tea inc!lua~ under the convpi of tbe uri~ 2:"tjrider sub-section (1) ~t 'section 9 of the tea aqt, 195ft ,ute powe~ to appoint a secretary to the board and all other ofltcers of the board draws,,':,a sala,ry of rs !,eoo ~ m~&~,~ vtlasjq the?~c gov~ qn, the, baais of the, ~dationa·,of taiat 1'::: codwlissian· therehaa· deer u~anirevilj,gntd the p,"y ,,qf·(·~e,~ oftlcers and employees of the ~d;, th, tuk frce f oa' weln'''''/' suggested that the tea board may be empowered to make appointments to , ~,: ;:l81a17; of dgt ~e;thar 1,80&, pal" :-ontii m tne ·pay- sf cliiten·ofihajlbomt,1ow •• 1_3'1_, ' 1700 it ia!jli'gied:lto-amend s+ aection (l) '" -section:''> em,: the central government to make appointments to posts carryijlg a scale of pay exceeding rs 1,700 per month instead of rs 1,00081 at present 3 an officer designated as deputy chairman is functioniag in thtt board but he is not an authority named in the' act the task force felt that this hinders his effective functioning in the tea board in fact, in the absence of the chairman, the deputy chairman has to function as the chainnan the task force has, therefore, recommended amend ment of section 9 to provide for the appointment of deputy chairman to assist generally the chairman and to exercise such powers and perform such duties as may be prescribed by rules or delegated to him by the board or its committees or the chairman 4 opportunity is taken to make some consequential amendments in the act and to modify sub-section (3) of section 49 relating to laying of rules before parliament to bring it in conformity with the recommendation of the committee on subordinate legislation 5 the bill seeks to achieve the above objects nzw delhi; mohan dharia the 13th july 1977 , f i clause 3 (a) of the bill seeks to amend clause (d) of sub-section (2) of section 49 of the act so as to empower the central government to make rules regarding the pay allowances and other conditions of service of the deputy chairman clause 4 of the bill seeks to amend clause (b) of sub-section (1) of section 50 to empower the tea board to make by-laws consistent with the act and the rules made thereunder to provide for the delegation 01 powers and duties to the deputy chairman the matters in respect oj which such rules and by-laws may be made are· generally matters of procedure and administrative detail the delegation ,of the legislative power is therefore, of a normal character extracts from the tea act, 1953- (29 of 1953) - • •- 8 (1) the central government shall appoint-- - - - secretary anti staff - (b) all other officers of the board drawing a salary of rupees one thousand or more per month - - - - - (3) the chairman, secretary and other employees of the boara shall not undertake any work unconnected with their duties under this act except with the permission of the central government - - - - - g (1) - - - - - power of central government to make rule (2) in particular, 'ah~ without· prejudiee 'to the ,geterauty of the foregoing power, such rules may provide for all or any of the following matters, namely:-- - - - - (d) the pay, allowances and other conditions of service of the secretary and other officers appointed by the central government; - - ill ill ill (3) 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 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 un!ier that rule | power ||----------|| board || to || make || by-iawi |so (1) the board may make by-laws consistent with this act and the rules made thereunder to provide for-- - - - - (b) the delegation of powers and duties to the executive or any other committee, or to its chairman, vice-chairman, secretary or any other of its oftlcers; - - - - - - s a bill further to amend the tea act, 1953 shri momn dharia, minister of com1j1e1'ce am civil supplies cmd coope,4tion ) | Parliament_bills | 03df6368-49f9-5f3a-b255-13c113fc47f6 |
manufacturers limited (nationalisation) bill, 1984 arrangemej>ff of clauses chapter i preliminary clauses1 short title and commencement 2 definitions chaprer ii acqulsl1'ion and transfer of the undertakings of the two companies3 transfer to, and vesting in, the central government of the undertakings of the two companies 4 general effect of vesting s companies to be liable rior certain prior liabilities ·6 power of central government to direct vesting of ,the undertakings of the two companies in an existing government· company 7 transfer of the undertakings of the two companies from an existing government company to a new government company chapi'er iii payment of amounts8 payment of amount 9 payment of further amounts chaprer iv management, etc, of the undertakings of the 1wocompanies10 management, etc, of the undertakings of the two companies 11 duty of persons in charge of management of undertakings of the two companies to deliver all assets i etc 12 duty of persons to account for assets, etc,· in their possession chapi'er v provisions relating ro em'p'loyees of' me two comp~13 continuance of employees 14 provident fund and other funds chapter vi commissioner of payments clauses15 appointment of commissioner of payments 16 payment by central government to the commissioner 17 certain powel's of central goverrunent or existing or new, government company 18 claims to be mad'c \0 the commissioner 19 priority of claims 20 examination of claims 21 admission or rejection of claims 22 disbursement of money by commissioner 23 disbursement of amounts to the companies 24 undisbursed or unclaimed amount to be deposited with the general revenue account chapter vii miscellaneous25 act to have overriding eftect 26 -contracts to cease to have effect unless ratified by the cenb-al government or existing, or new, government company 27 penalties 28 offences by companies 29 protection of action taken in good faith 30 delegation of powers 31 power to make rules 32 power to remove difficulties 33 repeal and saving the first schedule the sf£ond schedule (to be/as introduced it 10k sabha) 1 that in the long title, line 1,-(1) ~r "f':)r" insert "the" (11) m "inchecktt ~ "inchek" 2 that in the long title, line 7,-!ql: "therto" read "thereto" 3 page 3, against line 2 insert the marginal c1tation,-"1 of 1956" 4 p~ge 4, line 33,-1bi "cenra 1 " ~"cent ra i" 5 page 6, line 4,-- f2l: 141m d ert 0 king s " ~ "undertakings" , ' ,- pa be 6, 'lin e 5',-(1) !su: ":4, st 00 d" ~ "int erest " 7 p;lg~ '0, line 8,-!ox "each" ~ "such" 8 page 0, line 11,-m "underto kin gs ii ~ "uncertakings" , ,' page , line 20,-9 (1) fol: !iiayment" l:fill!1"payment" ( 11) tlu: "amo una s " ~ ljame unt s" 10 page ~, lines 22 and 23,-!ql: "deterhined" ~ "determined" 11 page"', line 24,-(1) before "companies" ~ in sert "two" (11) befpre "amount 'i insert "the" 12" page 8, in the marginal he8ding to clause 15,-!ql: ''pay s3'vin g" tc:lq ''pa y!!lent s " 13 page 8, line ~l,_ (i) !ql: "the section " r8:'~ed "this se;;ction" (ti) !ql: !ldef!lyed" rejd "defrayed" 14 page 18, line 10,-!qr "by" ~ "be" new ulhi· , manufacturers limited (nationalisation) bill, 1984 a billto provide for acquisition and transfer of the undertakings of the incheck tyres limited and the national rubber manufacturers limited, with a view to securing ti~ proper management of such undertakings so as to subsenje the interests of the generalpublic by ensuring the continued manujqcture, production and distribution of tyf'es, tubes and other' rubber goods which are essential to the -needs of the economy of the', country and fcit matters connected therewith or incidentc1l therto wrbreas the incllek tyres umited and the national rubber manufilcturers umited bad been eagaged in the manufacture, production and distributiqll of _ articles mentio'jed in the first schedule to the industries (development and 6,'j( otlp5] 'ltcplatioll) act, ]951, namely, ~tes, tubes and other rubber goods; and whereas ~e management of the undertakings of the incbek tyres limited a:nd the management of the undertakings of the national rubber manufacturers limited were taken over by the central government ulnder the provisions of the industries (development and regulation) act, 1951; , ann wherl!las for the purpose of securing the optimum utilisation of the 5 available facilities for the manufacture, production and distribution of tyres, tubes and other rubber goods by the undertakings of the two compal11,ies, investment of a large amount is necessary; and whereas it is necessally to acquire the undertakings of the inchek tyres limited and the national rubber manufacturers limited to enable the ccmral 10 oovemmcnt to have such investments made and to ensure that the interests of the geacnl public are served by the continuance, by the undertakings of the companies, of the manufacture, production ~ distribution of tbe aforesaid articles which are essential to the needs of the economy of the country; be it enacted by parliament in the thirty-fifth year of the repubfu: of india j 5 as follows:- chapter i preliminaryshort title 1 (1) tiiis act may be called the inebek tyros limited and national and rubber manufacturers limited (nationalisation) act, 1984 20 commencemem (2) it shall be deemed to have come into force on the 14th day of february, 1984 2 in this act, unless the context otherwise requires,-defiditiodl (a) "appointed day" means the 14th day of february, 1984 (b) "commissioner" means the commissioner of payments appointed 25 under section 15: (c) "existing govcrnnlem company" means a government company wbjch is ca·rrying on business on the appojnted day; (d) "new government company" means a government comp8dy formed and registered on or after the appointed day; 30 (e) "notification" means a notification published in the ofiieial gazet~; (i) "prescribed"· means prescribed by rules made under this act; (g) "specified date", in relation to any provision of this act, means such date 88 the central government may, by notification, specify for the purposes of that provision, and different dates may be specifie4 for 35 diffcl'ent provisions of this act; (h)' "two companies" mcaaa tbelnchek tyres limited and the nat10dal ' rubber manufacturers limited,~being:companies aa:d,~:"':tbe:con;tpapies' ' act, 1956, add'havingtbeirtegisteteddices at"'lestie hous~\j9"jawaijarlal 1 of 19s8 n"btv road, caleutta-700013; ,," ', '40 (i) words and expressions used herein and not defined but defined in the companies act, 1956, shau have the meanings respectively assigned to them in that act chapter ij 5 acquisition ~nd transfer of the undertakings of the two companles3 on the appointed day, the undertakings of eaeh of, the two eompanles, and tbe right, title and interest of eaeh of the two eompaaiea tn relation to its undertakinp, shall by virtue of this act, tand transferred to, 8iid shall vest in, the centra] government transfer to, and vesting in, tbe central government of the ud-dertakings of the two companies general effect of vesting 10 4 (1) the undertakings of each of the two companies referred to in section 3 shall be deemed to include all assets rights, lease-holds, powers, authorities and privileges, and all property, movable and immovable, including lands, buildings, workshops, s!ores instruments, machinery and equipment, cash balances, cash on hand, cheques, demand drafts, reserve funds, investments, 15 book debts and all other rights and interests in, or arising out of, such property as were immediately before the appointed day in the ownership possession, power or control of such company whether within or outside india, and all books of account, registers and all other documents of whatever nature relating thereto 2u (2) all properties as aforesaid which have vested in the ccntra( government under section 3 shall, by force of such vesting, be freed and discharged from any trust obligation, mortgage charge, lien and all other incumbrances affecting them, and any attachment, injunction, decree or order of any court tribunal or other authority restricting the use of such properties in any manner or ap-25 pointing any receiver in respect of the whole or any part of such propertiea shalt be deemed 10 have been withdrawn, (3) every mortgagee of any property which has vested under this act in the centra) government and every person holding any charge, lien or other interest in, or in relation to, any such property shall give, within snch time 30 and in such manner as may be prescribed, an intimation to the commissioner of such mortgage, charge, lien or other interest (4) for the removal of doubts, it is hereby declared that the mortgagee of any property referred to in sub-section (3) or any other person holding any charge lien or other interest in or in relation to any such property shall be :ls ent~tled to claim in accordance with his rights and interests, payment of the mortgage money or other dues, in whole or in part out of the amount specified in relation to the company owning such property, in the first schedule, ,and also' out' of the amounts referred to in section 9 but, no such mortgage, charge, lieri 'm other interest shall be enforceable against any property which· bas vested 40 in the central government (5) any licence or other instrument granted to either of t,he two companies in relation to any undertaking which has vested in the central government under section 3 at any time before the appointed day and in force immediately before that day shall continue to be in force on and after such day in accordance with its tenor in reiation to and for the purposes of such undertaking, and, on 5 and from the date of vesting of such undertaking under section 6 in an existing government company, or under section 7 in " new government company, the existing, or new, government company as the case ,may be shall be deemed to be substituted in such lk:nc: or oth(!r instrument as if such iiccn::e or other inst:nmledt h~ been granted to sucb existing, or new, government company and 10 such ~iiung, or new, government company shall hold it for the remainder of the period ,for which the compan,y to which it was granted \\-'lmld have held it under the terms thereof (6) if 00 the appointed day any suit, appeal or other proceeding of whatever nature, in relation to any property which has vested in the central gevern-i j ment under section 3, instituted or preferred by or against either of the two companies is pending the same shall not abate be discontinued (it be, in any way, prejudicially affected by reason of the transfer of the undertakings of such company or of anything contained in this act, but t~e suit appeal or other proceeding may he continu:d prosecuted of enfof~ed hy or against the ~o central government, or where the undertakings of the two companies vest under section 6 (lr section 7 in an existing or a new, government company by of against sllch government company ::omparues to be liable for ce taln prior liabllitiel 5 (1) evory liability, other than the liability specified in sub-section (2) of each of the two companies in respect of any period prior to the appointed 2') day, shall be the liability of the concerned company and shall be enforceable agrunst it and not against the central government, or where the undertakinp of the two companies vest in an existing or a new, government company against such government company ' (2) any liability arising in respect of materials supplied to either :~f) of the two companies after the management of its undertakings had "been taken over by the centl'81 government shall, on and from the appointed day, be the liability of the cenral government or of the exist· iilg, or new, government company aforesaid, 8iild shall be discharged by that goverllment or, as the case may be, the existing, or new, gov· 35 ernme:at company, os and when repayment for such supplies becomes due and payable - (3) for the removal of doubts, it is hereby declared that-(0) save as otherwise expressly provided in this section or in any other provision of this act, no liability, other than the liability 40 specified in su'b-section (2), of either of the two companies in relation to its undertakings in respect of any period prior to the appointed clay shall be enforceable against the central government, or where the undertakings of the two companies vest in an existing or a new, government company against such government company; 45 (b) no award, decree or order of any court trihuti:l' or other autbority in relation to the undertakings of either of the two companies, passed oil or after the appointed day, in respect of any mauer claim or dispute not being a matter claim or dispute in retatioa~toany matter refe~ to in sub-section (2), which arme hc'fore that day 5hau be enforceab1e against the central govl"rnment, or where the iindert!1kin~!'i of the two 50 companies v~st in an exj~ing, or'a new, government company, agaidst such government com~ny; ~c) no liability incurre4 by either of the two companies before tho appomted day, for the contravention of any provision of ~w for the time 5 being in force, !'hall be enforceable against the central government, or where the undertakings of the two companies vest in an existiq, or a new, government company, against such govemment company 6 (l) ~otwithstanding anything contained in sections 3 and 4, and "w,ject power of to the pr!;'vlslons of section 7, the central government may if it is satisfied that central loan existing government company is willing to comply, ~ has complied, with =~~~ such terms add conditions as that government may think fit to impose, direct, direct by notification, that the ulldcrtaking~ (if ~:lch of the two companies and' the right vestfna title and in,terc'lt of eaeh of the two companies in relation to its lj'lkiertakings of the h· h h ed h c i underw i~ - ave vest 111 t ~ c'ntra government under section 3, shall instead of taldnis 15 contlnmng to vest m the central government, vest in that existing 00\ ~mment of the company either on the date of the notification or on such earlier- or later date two can (not being a date t:ariier than the appointed day) as may be specified in the panles notificetioo in an f'!x-latin, govern (2) where tbe right, title and interest of the two companies in relation to ment 20 their undertakings vest, under suh-section (l), in an existing government company company, that c'lovernment com ixln y shall, on and from the date of such vesting, be deemed to have become and, until the transfer ·of the undertak:ings, by virtue of the rrovisions of sectiott 7, to a new govermnent company, be deemed to he, the owner in relation to such ljjidertatings 25 and the rights and liabilities of the central government in relation to such undertakings shall, on and from the date of such vesting, be deemed to have become, and, until the date of such transfer, be deemed to be, the rights and liabilities, respectively, of that existing government company 7 (1) notwithstanding anything contained in sections 3 and 4, where the transfer 30 undertakings of each of the two companies have been directed, under sub- ~~::_ unsection (j) of section 6, to vest in an existing government company, the central inp of government may, if it is satisfied that a new government company is wiiling to the two comply, or hal! complied, with such terms and conditions as that government coidpadimay think fit to ~mpose, declare by notification, that the undertakings of each es from 35 of the two companies and the right title and interest of each of the two companies ~~ : in relation to its undertakings he transferred to that new government company, ernment and on the issue of such declaration, the right, title and interest of each of the company two companies in relation fo its undertakings which had been directed under sub-- to a llew g shall 'nstead goyera scctiod (1) of secllon 6 to vest in an existing overnment company , i mentcom-40 of codtinuing to vest in that existing government company, vest in that new gov- piul)' emmcnt company with effect from the date on which !luch declaration is made (2) where the right, title and interest of the existing government company in relation to the undertakings of the two companies vest under sub-section (1), in a new government company, that government company shau, on and from the 45 date c:a such vesting be deemed to have become the owner in relation to sucb undertakings anrl the rights and liabilities of the existing government company in ,-elation to such undertakings, shah, on add from the date of such vesting, be deemed to have become the rights end liabilities, respectively of that new oovemment company chapter 1ii payme1'o'l of amountspayment of 1moullt 8 for the trausfer to and vesting 10, the central governmadt, udder section 3, of the ~dertoldngs of eacb 01 the two companies, and the ri8ht, title and insteod of each of the two companes in relation to ;, its uddertakings, there shall be paid by the central government to each of the two companies, in cash and in the manner specified in chapter vi an amount equal to the amount specified against the dame of each company in the first ~beduje puyment of furth£'r amounts 9(1) for the deprivation of the two companies of the "liuuiagemellt 1 0 of their undertokings during the period commencing on the date on which the undertakings of each such company was taken over in pursuanee of the orders made by the central government under the provisions of the 65 of in;;l industries (development and regulation) act, 1951 and ending on the appointed day, there shall be paid by the central government to eacl1 15 of the companies in cash, 81ft amount of rupees ftfty thousand 2) the amount referred to in section 8 and the amount specified in sub-section (1) shall carry simple interest at the rate of four per cent par bddujd for the period commencing on the appointed day and endinl on the date on which jayment of such amounas is made by the central 20 government to the commissioner (j) the amount referred to in sub-section (1) add the amount deterhined inaeeordance with the provisions of sub-section (2) shall be given by the central governmmt to the companies in addition to amount spedfled in seetion 8 ( 4) for the removal of doubt~, i i is hereby declared that the ji~bilities of either of the two companies in relation to its undertakings which have vested in the centra] government under section 3, shall be discharged from the amount :referred to in section 8, and also from the amount specified in sub-section (i) and the amount determined under suh-section (2) in accordance with the rights 30 and interests of the creditors of the two companies ch a'j)'fer iv management, etc, of the undertakings of the two companiesit the genera] superintendence, direction control and m8lllagetnent of the affairs and husiness of the undertakings of each of the two companies, the 35 right, title and interest in relation to which have vested in the central government under seetig, 3 shal1,-management, etc, of the under takings of the two companies (a) where a direction has been given by the central government under sub-section (1) of section 6, vest on and from the date specified in such direction in the existing government company specified therein; or 40 (b) where 'a declaration has been made under sub-section (1) of section 7, vest, on and from the date of such declaration, in the new government company specified therein, and thereupon the existing, or new, government company so specified, shall be entitled to eltercise, to the exolusion of all other persons, all such powers add 45 do all such tbidp as either, or both, of the two companies, is or are, authorised to exercise and do in relation to its or their undertakings 11 (1) on the vestmg of the manasement of the undertakings of the two duty of companies in an existing, ora new, government company, ali pcr8qbs1n perlollb cbarge of the management of the undertakings of either of the two colllimmies lnt chari media " 0 manllle-id1 tely before such vesting shall be bound to deliver to such government ment of 5 company all assets, books of account, registers and other documents in their undercustody relating to the uodertakilngs takjnp of the (2) ~e ceotral government may issue such ~jt~tionsas ft 1118' deem !:~e~; desirable in the clr~urnstences of the case to the exlstmg, or new; goveulidcut deliver company and such government company ma"{ also, if it is constdered necessary all tpets, 10 ~o to do apply to the centra] ('j(wernment at any timeforinstructiom 8's to etc, the manner in which the m:magement of the underta1clngs of the two ~arjles shall be conducted or in relation to any other matter arising in the course or such management , 12 (1) any person who has on tho a"pointed day in his passessidn or' duty of 15 under his control anv assetc;, books documents or other ool)ers retatio!!; to the::rsonl undertakings owned by either of the two companies which have vested 'n the co= centr~l government or in a'll exlstin~ or a new government company under for ,thill act, shall be liable to account· for the said as~efs book9 documents uleta, ajjd other papers to the central government or the' existhig6r new, govern- qrjat)eo 20 ment comoanv as the case may be and f!halj deliver them to the cctu:raj gov- ~ '~rnroent or the extstinl! or new government companv orft)'sueji j)er!!on or" pers~ns as the c'entra'1 ('jovernment or th~ eyfo;tinl! or new government c6mpany m~ s!)ec'ify in this behau (i) the central government ot th~ ('jovomml"nt romnany af~said may 25 tete or cause to br taken, ~11 nec~"sary stet'll' forseeur;n2possessiql',of the undertakings of the two comoani~ which havf~ vested in the central government or the government company undrr thi!' act (3) the two comoanies shan within such neri~ as the central government may allow in this hehallfumish to that govcrn~entl'a co~pteteinven-30 tory or all their properties and assets ~·s on thl' :lonointed day oertalnlnll to the undertakings which have vested in the ('pottal oovprnmeot under section ~ and for this' pm,~')~e the centrql ("jovem111cnt or th" c'rovernment company aforesaid ~an afford to the two cojtif)anies all reasonable facilities chapter v 85 provt!'ltons rl'ratt1ijr, to fm'y'tovffc; or tf{f two c'()mp~a~13 (n every pe~on who hac; he(,fl imolecll~telv h,,or" th~ ~ot'ointed codtjau-i-d t_· f' 'l oj h' ~'i_" -'lad anc;, of day, employed m llny un ert~ tnt! 0 ci'ner, t~' two ' 'i'" 511 10 , , '" emp yeu beeome,- " ' (a) on lind from the apl'ointed day, an cm~joy('e of ~he central 40 government and (b) where the undertlllcifl'!" of the twn conmani ; lite directed under secti~ 6 or unl'ler ;c('tion 7 to ve!:t, in an e:ttistin,l! m a new, gtwemment company an employee of such govc-mment company on and from the date of !;uch vc!lting, 45 and shall hold office or ervice under the ('ontra1 (';nvrrnment f)r ftte n'l'tfnlp, or new government company a!'l t~e case 'tiav bt- with tb~ ri~bt~ and orlvfleges 8sto per1!1ion !'1'8tuitv and othe't matte1'!i ndmi~siblf' to him immediately before the appointed day, as modified by the memorandum of seltlom t lipod by the repi'esentatives of the management and the employees of each of the tw6 companies oil the 10th day of february 1984, and sba~l col'ltmue to do io unieaa and until his employment under the central government 'or 5 the exlstin& or new, govemment company as the case'may be, is duly tendnated or untn his remunoration and other conditions of service are ~uly altered , the central government or the existing or new government company, as tile cue may be 14 of ih7 (i) notwithstanding anythin~ contained in the industrial disl"utcs act, 1947, or in lily other law for the time being in force the transfer of the 10 seirvlcel tt uy oftker or other penron employed in any undertaking of either of the two companies to the central gove·rnment or the existing or new, goveminent company, shall tt'ot entitle !ruch officer or other employee t~ any ct:'mpimtion nnder this act or any other law for the time being in force 'and no such claim shalt be en!ertained by any court tribunal or other authority 15 i (i) 'mere either of the two companie!l has e<ltablished _ a provident proyident fund add ofhet fudda faad~ superannuation welfare or other fund fm the benefit of the persons ~ in any d its undertakin~ the moneys relatable to the ofticetil or adler e~ whose servi~ have become transferred bv or under thii 20 act fo the central oovl'rnment or an exi!lting or a new government company ilba11 out of the moneys standing on the appointed day to the credit of such provident fo·nd, superan~uation welfare or other fnnd stand tramferred to and sb"l vc'!lt in tl'te centrnl government or tl'te existing or new goveiiuneat company as tbe case may 'be " (2) the moneys which stand transferred unlir-r 'iub-!le'ction (1) to the ('entral 125 -government or tlle existinr' or new government comoanv at; the c:a~ mev be shall be dealt ~th by that govf'mment or the existing or new government complny in such manqer as mav he prescribed chapter vi commtsstonpr of paymentsappointment of coapnii-15 (1) the central government· shall for the purpo!'le or disbu1'iiill;'" 30 ~ the amounts 1i8yable under sections 8 and 9 to each of the two com -1ianles, by notification, appoillt a commi85ioner of payments ~ '-'~r of pay- , ~ (t) the central government may appoint· such other 1)ersons as it 35 may thh," fit to midst the commifttoner alld thereupoll the commissioner may rnthom one or more of liuch ,e~nns also to'ex~rci!le all or aity of the dowp1'ii ~ercisa'hl, by him unde? fbi, act and different per iioiis may be mlth01'j"t!'d to exercise different powers (j) arv pe1'so· !il1thnris("d b·' tbe ('ommis'lion"1" to e~erci~~ :m" of the plowers exercisablf'"bv the commissioner may e'(ercie;e those t'iow~ in ihe !;ame 40 manner and with the ,same effect ae; if ·thev h:we heen oonfl'rr~d on ih'lt nerson directly hy thi!! act and not'hy way of allthorl~ation (4) the s"18,,," and ftlloncl!!ll of the connnlulonej' and ~h_ perwon!ll a"""'nted 1mdel' flu'! flpc'tion !iihnll 'hp' dplaynf nut of the ('on solldted flmd of iii"a 16 (1) the central government shau, witbin thirty days from the specified pa1ludt da{e,pay in cash to the commissioner, for payment to each of the two by cellcompanies_ tral goy ernment (a) an amount equal to the amount specified against the name of such to the 5 company in the first schedule; and commia-i ) sloner () an amount equal to the amoun~payable to each of·the two companies under section 9 (2) a deposit account shau be opened by the central government in favour of the (;ommissioner in the p~b~k account of india and every amouotpaicl 10 under this act to thl! comrmssl<lner shall be deposited by him to the credit of the said dej:x>sit account and the said deposit account shau be operated by the c0mtnls81oner (3) separ:ate records shall be maintained by the commissioner in respect of the undertakmgs of each of the two companies in relation to whicb payments 15 have been made to him under this act ( 4) interest accruing on the amount standi iii to the credit ~ the deposit account referred to in sub-section (:) shall cnureto the benefit of tbe two companies 1'1 (1) the central govc1'uolent or the existing, or new, g0ger1iiiiftt ccml-certald 20 pany, as the case may he, shall be entitled to r~ive op to ··dle'specffied date, ",powers the exclusion of all other persons, ony money due to either c1fthc two ~dic ;" lc~ inrelatjon to it'! undertakings whieh have vcsto(fin the central·go¥enu:aat or1he ~t existing, or new, government company, iii the case may be, and 11ni1iscd after·the 'or exjatappointed day notwithstanding th'lt the realisation pertains to _ period prior tothe ln" or 25 appointed day new, gov- emment (2) the central government, or the existing, or new, ~t ~t clotnpally as the case may be; may make 3 claim to the commissioner with f8iclrd to tn«y paymenttlulde by it after the appointed dey, for discharging any liability of either of the two companie~, not being any liability specified in sub-teetioo (2) of section 305, in ~lation to any period prior to the appointed day, and every such claim shill have priority, in accordance with the priorities attaching, under this ~t ~ tbq matter in relation to which such liability bas been discharged by the central government or the existing, or new, government 06rnpany (3) save as otherwise provided in this act, the liabilities of lcitberof 35 the two companicf; iii respect of any transaction prior to the appointed day which' ·bave not been discharged on or before the specified date shall be the liabilities of lhe respective company 18 every person having a claim against either of the ,twooompan-=s with clairna regard to any of the matters specified in the second schedule pcrtaidiq to any to be fo undertakings owned by it, shall prefer such claim before the commissioner within =d~o~ thirty days from the specified date: ml loner provided that if the commissioner is satisfied that the claimant was prevented by 'sufficient cause from preferring the claim within the said period of thirty days, he may entertain the claim within a further period of thirty days but dot thereafter - 5 19 the claims arising out of the matters s~ifie~ in thc second schedule priorit7 shall have priorities in accordance with the fouowldg pnncrpjes, namely:-of elafih ( q) category i shalt have precedence over all other categories and category ii sbau kave precedence over category iii, &ad so 00; (b) the claims specified in each of the categories shail rank equally and be paid in full, but, if thcaulount is insufficient to meet such claims in fu11, they shall abate in equal proportions aqd be paid accordingly, and (c) the qaestion of discharging any liability with regard to a mauer specified in a lower category shall arise only if a surplus is left· after 5 meeting all the liabilities specified in the immediately higher category l!:xaminatian of claima 20 (1) on receipt of the claims made under section 18, the commissioner sbiu' 1ltan,e the claims in the' order of priorities specified· in the secadd sdliic1ule - and ex8dline the same in accordance with such order (1) if, onexaminatioo of the claims, the commissioner is of opinion that "10 the amount paid to him under th\s act is not sufficient to meet the liabilities ~ed in any lower category~ he ~ ~ot be required to cxamide 1m cl~ in~ of !i~h lower ~~ r " '" ' 21 (1) after examining the claims with reference to the' priorities ipecified in the second schedule, the commissioner shall fix a date on or beforel 15 which evety,claiow;lcshwl file the proof of his claim ' ' admij ilion or rejection of claims (2) not leas than fourteen days' notice' of the date so fixed shall be"giwd by ~ in one issue of: any daily newspaper in the english language baving~on in the major part of the country and in one issue of izl1 ' daily j101fip8pet' ~ suchregional langullge as the commissioner may ~"~o buitablc sad every' sucb notice sball call \jpod the c1aim,ant to" file the proof of'lds claim wkh the commissioner ~fiin the period specified in the advor-, ,tiaemeot - ii ' (3) every claimant who fails to file the proof of his claim within the period specified by ~ commissioner, shall be excluded ~ the disbursc1:n~t j:dade 25 by the cnm~oder (4) the cddmissioder shall,' 'after such investigation as may, io his opid- ion, be decoiisary< an:d after giving the concerned company an opportunity ci refutlngthe claim and after giving the claimant a reasonable opportunity of being heard admit;or reject by order in writing the claim in whole or m" part 30 (5) the commissioner shall have the power" 10 regulate his own procedure in au matten arising out of the discharge of his" functions, including the place or pkca at whichhe may hold his sittiap and shall for the purpo-e of making any investigatiotl, under this act, have the same powers as' are vested in a civil court undef1he code of civil procedw"e, 1908,wbile tryma a auito 35 501180 ia respect of the following matters, name1y:- -(a) the summoning and eoforcing the; attendance of any witdcn aad examilling him on o"dth; (b) the ctisoovery and pro<tuction of any document or other ma~ object producible as evidence;' ! r: 40 (c) the ~ece~tion of evidence on affidavits; (d) the rissu~g of any cohlmission for the ~xaminatioll of witneases (6) any investigation before the commissioner shall be deemed to be a judicial proceeding withiothe meaning of sections 193 and 228 of the indian penal code and the commissioner shah be deemed to be a civil \:ourt for tho 5 45 of 1110 purposes of section 195 and chapter xxvi of the code of criminal procedure, a of 1874 1973 (7) a clwmanl who is dissatisfied with the decision of th,~ commissiollet may prefer an appeal against such decision to the principal civil cqu11 of 0ri&id~ jurisdiction within the local limits of wh'?sc jurisdktion the registered office of the concerned company is situated: 5 provided that where a persoq who is a judge of a high court is appointed to be the commissioner, such appeal shall lie to tbe high court exercising jurisdiction over the place in which the registered omce or the concerned company is situated and such appeal shall be heard and disposed of by not less than two judges of that high court 10 22 after admitting a claim under this act, the amount due in respect; disburseof such claim shall be paid by the commissioner to the person or persoll8 to ment of whom such amount is due, and on such payment, the liability of each qf the money by two comnllnies in respect of such claim shall stand discharged commisrsiotler 13 (1) if, out· of the moneys paid to him iu rl!jil\i;oo, ~9 the undertakings of disburae-15 either ?f lli~ two compani~s, there is a bal~c: leftafter ulef;ftihg thcjiapilities ment ot as spcqfied 1,n the second schedule, the codl1ll1s,sloner shall dis_~,wch ~ amounts to the concemec1 company ' , to the companies (2) where the possession of any machiilery, equipnient of'other propelty has vested in the centra'" '(}overnment' or the' existih'g; or new;' go"crnment 20 company,under this,iact, but ~ch· machinery ,oijuipment 'oli other property does not belong to eitherofahe twopp!ppal1ies, it shall be l)lwful 10r the central p0vern~t ·or the existing, or ne~, 90vernmcilt company, as:~b~ case may be,: to continue to poss~s sufh machine~y or equipmeijt or ~~cr rfp~erty on the same terms and conditions undcr which they were possess~4 dy clth:r !:i5 of the two companies immediatej), before the appointed day, ' 24 any mone)' paid to, the conwnissioner which remains uddisbursed or vndisunclaimed on the date immediately preceding the date on which, the office of bursed the commissioner is finally wound up, shan be transferred by the commissioner, ~~ai:e~ before his' office is finally wound up, to the geth!ral revenue account of the amount 30 ce~tral government; but a claim to any money so iransfcrred may be preferred to be deto the central government by ~e penon entitled to such pllyment :l1nd shall p~bited be dealt with as if such transfer bad not been made, and the order, if any, for with the the payment of the claim' b~ing treated as an order for the refund of revenue ~:~~~~ chapter vii account35 ~ellaneous 25 the -proviaiol1l of this act shall have effect notwithataddinl any- act to thing inconsistent therewith contained in any other law for the time being in ~i~~e overforce qr in any instrument having effect by virtue of any law, other than tbis effe~~ act, or in any decree or order of any court, -tribunal or other authority '40 lit every contract entered into oy either of the ;two companies in rclationcontrllcts to any of its ulldertakings which has vested in the~ ~ntral government und~r to section 3 for any service, sale or supply, and in force imtnediately before the cease to appointed day, shall, on and from the expiry of a p::riod of one hundred and have efeighty days from such day, cease to have effect unl~ss such contract is, before ~ect u~_ 45 the expiry of that· period, ratified, in writing, by· tho, central government or fiee~ ~~ the existing, or new, government company and in,iatifying such contract, the the cen-central government or the existing, qr dcw, govl:mment company may mako tral gov-iuch alteration or modification therein as it may think fit:' , emment - or existjng, or new, government compan, prov4d ~l the central goverumentor the existing, or new, government company shall not omit to ratify a contract and shall not make any al~rati\)n or modulcation in a contract-, 5 (a) unless it is satisfied that such contract is unduly onerous, or has been entered into in bild hutn, or is detruueutl1 to the interests of the central government or such government wmpauy; and (b) except after givw& the parties to the contract 6 reasonable opportunity of beldg heard and except after recording in writing its reasons for refusal to rattly the contract or 101' makldg any atterllioll or modification therein - 10 penalties 27 any person who--,_ (a) having in his possession, custody or control any property forming part of any ~rtaking df eithu of the two companies wronafully withholds such property from the central government or the existidg, or new government company; or ' _ 15, (b) wrooifully o~ possession of, or retains any property form-1di part of any oodertaking of eitber of the two companies; or (c) wilfully withholds or fails to ftimish to the central govenuncnt or the exjstlng or new govcmmcot company or any porson or body of persons ipccificd by that government or government company, any dqcu-20 jj¥?dl rejatidg to such undertaking, which may be in his possession ~y or oodtrol; or ,_ _ (d) fails to deliver to the central goveroment or the emling, or new gov~ company, as the case may ~, 'w any person or ',body of pcls0d6 specified by that government, or government company, any 25 assets, books of account, registers or other documents in his possession, custody or control rdating to the undertakings of either of the two companies; or r (e) 'wroiilifully removes or destroys any property forming part of' an, uadcrtaking of eitlw of the two companies or prefers any daijd 30 which be knows or has reasooable ckusc to believe to be false or gr~y inaccurate, shall be punishable with imprisonment foi a term which may extend to two years, or with fme which may extend to ten tllousand rupees, '«with both, offences );y companies 28 (1) where an offence under this act, has been committed by a 35 company, every person who, at the time the otience was committed, was in charge ,of, and was responsible to the company for the, conduct of (he busidcss of the company, as well 88 the company shall be deemed to ;be pty of the offence and sball be liable to be proceeded against, and 'punished accordidglj : p'rovided that nothing contained in this sub-section shall render any such penon liaple to any pm;shtnent, if he proves that, the offence was committed without his knowledge or that he· bad exercised all due dili&ence to prevent the commission of such 01rence ' (2) notwithstanding anything contained in sub-section (1), where illy 45 offence ' under this act has been committed by a company and it is - proved that the ofteilce hal been committed with the codsenl or comllvidcc of, - ii attribiatabie to any neclect or the part of, any director manager, secretary or other officer of the company, such director manager, secrelary or other officer shall be deemed to he guilty of that offence and shall be liable to be proceeded against and punished accordingly 5 exp/anation-,-por the pu'rposes of this section,-, (a) "company" means any 'body corporate and includes a firm or other association of individuals; and (b) "c:tireotor", in relation to a firm, means a partner in the firm 29 (1) no suit pl'mecution or other legal proceeding shall lie against the ~rotec-- ffi hon of 10 central government or the ex,lsting, or new, government company or any 0 cer action or other' employee of that government or the govcrnm·!nt company or any taken person authorised by that government or government company for anything in ~ood which is in good faith done or intended to be done under this act talth (2) no suit or other legal, proceeding, shall lie against the central govern-j 5 ment or the existing, or new government company, or 'any offir~r or qther employee of that government or government company or any person authori~cd by that government or government company for any dam:t!re caused ot lil~ly to be caused by anything wh!ch is in' good faith done or intended to be done under this act 20 30 (1) the central government, may, by notification,' direct that au or det legat-- ion 0 any of the powen; exercisoo,je by' it under this act, other than the powers powers conferred by this section, section 31 or section 32 may llso be exercised by s~h persoil or persons as m'ay be specified' in the notification (2) whenever any delegation of power is made under sub-section (1) the 25 person to whom such power has been delegated shall act under the direction conlrol and supervision of the central government 31 (1) 'the centr,al government may by ,nolifica!ion, make rules for power - 1 to make carrying out the provisions of this act rules q) in particular and without prejudice to the ~nera1itv of the fore!!oing 30 power, such rules may p~vide fop all or any of the fotlowiqg matters m:me1y:-(a) the time within which, and the manner in which an intimation rc-ff<rred to in sub·section (3) of section 4 shall be given; (b) the manner in which the moneys in any provident fund or other fund refefred to in section 14 shall be deaft with; , (c) any other matter which is required to be, or may be, prescribed 35 (3) every rule made by the' central government under this act shall be laid, as soon as maybe after it is made, before each house of parliament whne it is in ~ession, fot 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 40' of the session immediately following the session or the successive se~j(}ns aforesaid, both houses agree in making any modification in the rule or both' houses agree that the rule should not qe mlki¢, the rule sun thereafter have effect only in sud'! modified form or be of no effect as the case mny he; so however, that any such modificatio~ or annulment shall be without ptf'judice 4~ to the validity of anyt~ing previously done under that rule 32 if any difbculty ari!ics in giving effect to the provisiops of this' act power the central government may, by order, not ioconsistent with the provi~ions of :0: dlfti thi" act, remove the difficulty: cultipj provided that no such order shall be made after the expiry ofa period of ·two yean from the appointed day 33 (1) tb~ inchek tyres limited and national rub~r mauaufacturen limited(nationalis~tion) ordinance, 1984, is hereby repealed repeal aud aving (2) notwithstanding such repeal, anything done or any action t~n udder 5 the said ordinance shall be deemed to have been done or taken under the cor- of 19" responding pfqvisions of this act , the first schedule[see sections 4 (4), 8 and 16 (1)] ---_--_ __ ___------ ----• ----- -----s1 no name of the company amount 10 (rupees in lakhs) inchek tyres limited' 83040 -------~- _--1 2 national rubber manufacturers limited 159m __---_ _-, _---- _ ----_ _-------_ ~ the second schedule-[see sections 18, 19, 20(1) ,21 (1) and 23 (1)] order of priori'lds'for '1"iu disoiabgj: of liabili'l'ij:s of the two compum:b category 1-" (a) wages, salaries and other dues payable to the employees of the companies , a (b) arrears in re1ation to contributions to be made by the com- 20 panies to the provident fund, 'employees' state inlurance f'ilnd, life insurance corporation premium and any other arrear under any law for the time being· in force po~t-take-over ~gement p~riod: category il-principal amount of loans advanced by-(a) ~e centralgovernmentj (b) a state government; (c) banks and public financial institutions; 30 (d) any other sources category iii-(a) any credits availed of by the companies for the purpose of carrying on any trading or manufacturing operations, other than the liabilities specift~ in sub-secti~n (2) of section 5 35 (b) any dues 01 state electricity boards or other government and semigove~~nt institut~ons against supply of goods or servicea, ' oth~r than the liablltties spec1fied in sub-section (2) of section 5 (e) arrears of interest on loans and advances category iv-(a) revenue, taxes, cesses, rates or other dues to central government, a state govemment or any local authority (b) any other dues pretakeovet' management perioci 5 category v-1 principal amount of secured loans advanced by--(a) the central government; (b) a state government; 10 (c) banks and public financial institutions ( , category vi- ~ principal amount of 'unsecured loans advanced by-(a) the central government; (b) & state government; i (c) banks and public financial institutions; (d) any other sources category vil-(a) any eredits availed of by ~he companies for the purpose of carrying on any trading or manufacturing operations 20 (b) any dues of state electricity boards or other government and semi·government institutions against supply of goods or services (c) arrears of ~nterest on loans and advances (d) revenue, taxes, cesses, rates or other dues to central government, a state government or any local authority (e) any other loans or dues statement of objects and reasonsthe inchek tyres limited commenced production of automobile 'lyres 'and tubes in kaiqnara (west bengal) in 1963 the undertaking started showing unfavourable operational results after 1970 and by june 1977 the company had an accumulated loss of rs 89 crores as against the paid up capital of rs 3 crores the management of the undertaking was taken over under the industries (development and regulation) act, 1951, on the 13th april, 1978 the undertaking employs about 1,380 persons 2 the national rubber manufacturers limited, calcutta, have ~ units the unit at tangra (calcutta) produces cycle tyres, tubes and rubber goods like fan and v belts, transmission and conveyor belts, ')loses, etc, and the other unit at kalyani produces reclaimed rubber in early 1970s, the production at both the units was affeeted due to labour trouble, erratic power supply, shortage of certain raw materials and poor quality of the finished products by march 1977, the company had an accumulated loss of rs 425 crores as against the paid up capital of rs 130 crores the management of the tangra unit was taken over by the government under the industries (development and regulation) act, 1951, on the 23rd december, 1977, and that of the kalyani unit on the 10th february, 1978 the company employs about 3,120 persons 3 a common board of management was appointed as the "authorised person" under the industries (development and regulation) ad, 1951, for both the undertakings howeveii', operational results of the undertakings continued to be unfavourable even after the take-over of management for various reasons rehabilitation of the undertakings required large investments for repair, replacement, modernisation and change in product mix it was not possible for government to arrange for such investments without nationalisatlon of the undertakings the undertakings could not also generate adequate resources even for current operations for payment of wages the accumulated losses soared to rs 2581 crores in the inchek tyres and to rs 1874 - crores in national rubber manufacturers by 31st march, 1982 the revival of these undertakings~ restructuring the capital base and the payment of past liabilities of these companies were, therefore, considered to be an immediate necessity among the various alternatives, nationalisation of the undertakings of the companies was considered to be the only acceptable alternative to achieve this process quickly, followed by a major renovation and modernisation programme involving substantial capital expenditure banks and financial institutions which had been nursing the undertakings found it no longer possi~)e to finance its losses the operations in the undertakings had come to a standstill in view, of these cfrcumstances it was considered necessary in the public interest to immediately acquire the undertakings of the inchek tyres limited and the national rubber manufacturers limited so that the undertakings could restart operations and the revival and modernisation programmes may be implemented early to avoid further losses and deterioration in the assets of the undertakings the nationalisation of the undertakings would also save about 4,500 workers from unemployment the inchek tyres limited and national rubber manufacturers limited (nationalisation) ordinance, 1984 (4 of 1984), was accordingly promulgated by the president on the 14th february, 1984 the said ordinance, apart from providing for the acquisition of the undertakings of the two companies and vesting the same in an existing or' a new government company, provided for payment of amounts to the companies for the acquisition, appointment of a commissiomr of payments for the purpose of disbursing the amounts to the companies and other incidental and consequential matters 4 the bill seeks to replace the aforesaid ordinance new' di!!lhi; narayan da'it tiwari the 27th february 1984 president's recommendation under article 117 of the ,constitution of india[copy of letter no 9/2/84-lr, dated 28 february, 1984 from shri narayan datt tiwari, minister of industry to the secretary-general, lok sabha] the pr-esident, having been informed of the subject matter of the inchek tyres limited and national rubber manufacturers limited (nationnlisation) bill, 1984, recommends under ~lauses (1) and (3) of article 117 of the constitutwn the introduction of the said bill in and its consideration by lok sabha clause 3 of the bill provides that, on the appointed day, the undertakings of each of the two companies, and the right, title and interest of each of the two companies in relation to its undertakings, shall stand transfetrred to, and shall vest in,the central government 2 under sub-clause (2) of clause 5 of the bill, any liability arising in respect of materials supplfel:i to either of the two companies after the management of the undertakings of the concerned companiell had been taken over by the central governmeht, shall, on and from the appointed day, by the liability of the central government or of the existin'g, or new, government company in which theundertaiings are vested under the provisions of the bill it is estimated that this amount is likely to be of the order of rs 47 lakhs 3 clause 8 of the bill provides for payment in cash and in the manner specified in chapter vi thereof, an amount equal to the amount specified against the name of each company in the first scheldule, for the transfer to, and vesting in, the central government of the undertakings of each of the two companies and the right, title and interest of each of the two companies in relation to its undertakings the total amount i8 of the order of rs 49004 lakhs 4 sub-clause (1) of clause 9 of the bill provide~ for payment of a further amount in cr!=h to each of the companies for the deprivation of the companies of the management of their underlakinj!s durin'g the period commencin~ on the date on which the undertakings of each company was taken over by the central government under the provisions of the tndust1'ie~ (development and regulation) act, 1951 and endfnjt on the- appointed day, an amount, of· rs 50000 5, sub-clause (2) of clr'use 9 of the 'bill provides for payment of simple interest at the rat~ of four per cent, per annum on th amount spec~ed under clause 8 and l'lub-clause (1( nf clause 9 for the period <:ommencln~ on the apoointeo dav and endin~ on the date on which payment of such amounts is made by the central government to the commiasioner of 'payments it is estimated that this amount will be· of the order of rii 1 ,63~o per month 6 clause 15 of the bill nrovide!o1 that the central government shan appoint a cornmi~sioner of payment~ and may also appoint such other persons as i+ mav think fit to asl'li/;t the commissioner and thereupon the commissioner mav ruthorise one or more of l'luch pet'!lons also to exercise an or any of the powers exercisable by him 'nle salaries and allowance& of the commissioner and the ot'her nerbona appointed under the said clause shall be defrayed out of the consolidated fund of india 'nle estimated expenditure on this account is 1ilcely to be of the order of rs 25,000 per month '1 funds ,,>ill 81ao have to be providm to the existin~ or new government company in which the undertakings of the inchek tyree limited and national rubber manufacturers limited are vested, towards repairs and replacements during phase i period, and renovation and modernisation during phase ii period the estimated cost of implementing phase i would be around rs 9,26,00,000 (rupees nine crores and twenty-six lakha only) 8 it is anticipated that all the liabilities specified in the second schedule to the bill are not likely to be discharged fully by the commissioner of payments out of the amounts paid to him under the provisions of the bill the central government proposes to assume some of the undischarged liabilities, such as, repayment of loans given by banks and financial institutions after the management of the undertakings had been taken over by the central government, and principal amounts of loans and advances given by such banks and financial institutions at the behest of government (ie all the loans released by irci state bank of india and sta·e government of west bengal after 1-7-1976) before s'uch management was taken over and simple interest thereon the extent of liabi1i~y on this account will be known only subsequently after the commissioner of payments has made available his reports 9 the bill, if enacted, is not likely to involve any other recurring or non-recurring expenditure clause 31 of the bill empowers the central government to make rules to carry out the provtisions of the bill the mattel-s in respect of which rules may be made, inter alia, relate ,to the time within which, and the manner in which, intimation regarding any mortgage, charge, lien or other interest 'in, or in relation to, the properties which have vested in the central government under clause 3 of the bill shall be given to the commissioner of payments and the manner in which the moneys in any provident fund, superannuation, welfare or other fund maintained by either of the two companies shall be dealt with by the central government or the existing, or the new,-government compan¥ 2 the matters in respect of which rules may be made are matters of procedure and administrative detail the delegation of legislative power i~ thus of a normal character a billto provide for the acquisition and transfer of the undertakings of the inchek tyres limited and the national rubber manufacturers limited, with a view to securing the proper management of such undertakings so as to subserve the interests of the general public by ensuring the continued manufacture, production and distribution of tyres, tubes and other rubber goods which are essential to the needs of the economy of the country and for matters connected therewitb or incidental thereto (shri ncrrayan datt tiwari, minister of industry) | Parliament_bills | a4e405c7-568c-5afb-85b0-bfc95a30e896 |
bill no xxix of 2007 the constitution (amendment) bill, 2007 a billfurther to amend the constitution of indiabe it enacted by parliament in the fifty-eighth year of the republic of india as follows:—short title1 this act may be called the constitution (amendment) act, 20072 after article 30 of the constitution, the following article shall be inserted, namely:—"30a (1) every citizen shall have the right to adequate potable waterinsertion of new article30a right to basic amenities(2) the state shall provide in every village, tehsil and at district level, as the case may be adequate number of wells or tube-wells or hand-pumps or water-pipes or water-tanks to provide adequate quantity of drinking water to every citizen within a period of five years from the date of commencement of this act" statement of objects and reasonswater is an extremely essential element for the survival of all the creatures living on the earth adequate water is available in ponds, lakes, rivers and seas in our country but, in the absence of efficient water management, most of the water of the rivers and seas goes waste besides water, ponds and lakes have been ruined for quite some years for the lack of awareness among common people in regard to the importance of water and means to conservencethere is an acute shortage of potable water everywhere in the country including metropolitan cities in most of the villages, especially in the states of uttar pradesh, uttarakhand, bihar, madhya pradesh and rajasthan, villagers harvest rain water in small ponds which they use mainly for drinking purpose in the absence of any other alternative, they are forced to use the unhygienic water harvested this way this water is generally full of insects, worms and other poisonous germsin a welfare state like ours, it is the duty of the state to fulfil the basic needs of its citizens hence, the state should endeavour to make potable water available to every citizen this objective can be achieved if the right to potable water is made a fundamental right it is therefore, proposed that the constitution should be amended suitably in pursuit of the objectivehence this billjai parkash aggarwal financial memorandumclause 2 of the bill provides that citizens shall be given the right to potable water and the state shall provide, at every village, tehsil and district level, adequate number of wells, tube wells, taps, hand-pumps and water-tanks the bill, if enacted and implemented, will involve expenditure from the consolidated fund of india it is likely to involve a recurring expenditure of rupees fifteen thousand crore per annuma non-recurring expenditure of rupees seventy crore is also likely to be incurred rajya sabha————abillfurther to amend the constitution of india————(shri jai parkash aggarwal, mp)mgipmrnd—1778rs(s3)—27-04-2007 | Parliament_bills | 78e147ad-eab6-5b3d-80df-dea48b5215bb |
the communal violence (prevention, control and rehabilitation of victims) bill, 2005 a billto empower the state governments and the central government to take measures to provide for the prevention and control of communal violence which threatens the secular fabric, unity, integrity and internal security of the nation and rehabilitation of victims of such violence and for matters connected therewith or incidental thereto be it enacted by parliament in the fifty-sixth year of the republic of india as follows:— chapter i preliminary1 (1) this act may be called the communal violence (prevention, control and rehabilitation of victims) act, 2005short 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 in the union territories on such date as the central government may, by notification, appoint(4) the provisions of this act, except chapters ii to vi (both inclusive), shall come into force in the states 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 the provisions of chapters ii to vi (both inclusive), shall come into force in a state as the state government may, by notification, appoint and any reference to any provision of this act to the commencement of this act shall, in relation to a state, be construed as a reference to the commencement of that provision in that statedefinitions2 (1) in this act, unless the context otherwise requires,—2 of 1974(a) "code" means the code of criminal procedure, 1973; (b) "communally disturbed area" means an area declared as such under subclause (i) of clause (c) of sub-section (1) of section 3 or under clause (a) of subsection (3) of section 55;(c) "communal violence" means any act of omission or commission which constitutes a scheduled offence and which is punishable under section 19;(d) "competent authority" means such officer or authority as the state government or the central government may, by notification, appoint as the competent authority under sub-section (4) of section 3 or as a unified command under sub-section (4) of section 55, as the case may be;(e) "district council" means the district communal disturbance relief and rehabilitation council established by the state government under sub-section (1) of section 42;(f) "district fund" means the victims assistance fund established by the state government under section 51;(g) "national council" means the national communal disturbance relief and rehabilitation council constituted by the central government under sub-section (1)of section 45;(h) "notification" means a notification published in the official gazette; (i) "period of disturbance", in relation to a communally disturbed area, means the period during which it is declared to be a disturbed area under section 3 or section55, as the case may be;(j) "prescribed" means prescribed by rules made under this act; (k) "relief and rehabilitation" includes providing shelter, medical care, food, clothing, education, vocational training and counselling or such other measures of relief as may be considered necessary by the state council or the district council to the victim of communal violence;(l) "scheduled offence" means an offence specified in the schedule; (m) "special court" means a special court established under sub-section (1), or an additional special court established under sub-section (2), of section 24;(n) "state council" means the communal disturbance relief and rehabilitation council established by the state government under section 39;(o) "state fund" means the state communal disturbance relief and rehabilitation fund established by the state government under sub-section (1) of section 49;(p) "unified command" means the authority constituted by the central government or the state government under sub-section (4) of section 554 of 1884 54 of 1959(2) the words and expressions used and not defined in this act but defined in the explosives act, 1884 or the arms act, 1959 shall have the meanings respectively assigned to them in those acts chapter ii declaration of certain areas as communally disturbed areas3 (1) whenever the state government is of the opinion that one or more scheduled offences are being committed in any area by any person or group of persons—power of state government to declare an area a communally disturbed area(a) in such manner and on such a scale which involves the use of criminal force or violence against any group, caste or community, resulting in death or destruction of property; and(b) such use of criminal force or violence is committed with a view to create disharmony or feelings of enmity, hatred or ill-will between different groups, castes or communities; and(c) unless immediate steps are taken there will be danger to the secular fabric, integrity, unity or internal security of india, it may, by notification,—(i) declare such area to be a communally disturbed area; (ii) constitute such area into a single judicial zone or into as many judicial zones as it may deem fit (2) a notification under sub-section (1) in respect of any area shall specify the period during which the area shall, for the purpose of this act, be a communally disturbed area: provided that the period specified in such notification shall not, in the first instance, exceed thirty days, but the state government, may amend such notification to extend such period from time to time by any period not exceeding thirty days at any one time, if in the opinion of that government public peace and tranquillity continues to be disturbed in such area(3) where any area has been notified as a communally disturbed area under subsection (1), it shall be lawful for the state government to take all measures, which may be necessary to deal with the situation in such area(4) when a notification has been issued under sub-section (1), the state government shall notify one or more officers of the state government as the competent authority for the purposes of this act and different competent authorities may be appointed for different provisions of this act4 (1) where the state government has declared an area to be a communally disturbed area under sub-section (1) of section 3, it shall take such immediate measures as may be necessary to prevent and control communal violence in such areameasures to be taken by state government on declaring a communally disturbed area(2) if the state government is of opinion that assistance of the central government is required for controlling the communal violence, it may request the central government to deploy armed forces of the union to control the communal violence chapter iii prevention of acts leading to communal violencepower of district magistrate to take preventive measures, etc5 (1) notwithstanding anything contained in the code, whenever the district magistrate has reason to believe that in any area within his jurisdiction, a situation has arisen where there is an apprehension of breach of peace or creation of discord between members of different groups, castes or communities, he may, by order in writing, prohibit any act which in his opinion is likely to cause apprehension in the minds of another community or caste or group that it is directed to intimidate, threaten or otherwise promote ill-will against that community or caste or group(2) notwithstanding anything contained in sections 6, 7, 9 and 10, the district magistrate shall also have the same powers as the competent authority has in the area under his jurisdiction in relation to the provisions of the said sections(3) whoever contravenes an order under this section shall be punished with imprisonment for a term, which may extend to one year, or with fine, or with both6 (1) a competent authority in any area within his jurisdiction which has been notified as a communally disturbed area, by order in writing,—power of competent authority to take preventive measures(i) direct the conduct of any assembly or procession in any place or street and specify by general or special notice the routes, if any, by which and the times at which, such procession may or may not pass;(ii) require, by general or special notice, on being satisfied that any person or class of persons intend to convene or collect a assembly or an procession in any place or street or to form an assembly or procession which would in his judgment, if uncontrolled, is likely to cause a breach of peace that the person convening or collecting such assembly or procession or directing or promoting such assembly or procession shall not do so without applying for and obtaining a licence; and (iii) prohibit or regulate the use of loudspeaker, music or sound amplifier or any other noisy instrument in any street or public place or in any private place if the use of which may cause annoyance to neighbours (2) an order under sub-section (1) shall remain in force for such period as may be necessary or thirty days, whichever is less: provided that the state government, after reviewing the effect of the order, if considers it necessary for the preservation of communal peace or harmony between different groups, castes or communities or public safety or maintenance of public order in such area, may, by notification, direct that the order issued under sub-section (1) shall remain in force for such further period not exceeding sixty days from the date of the first orderpower to order deposit of arms, ammunition, etc7 (1) when any area has been notified as a communally disturbed area, then, notwithstanding anything contained in any law for the time being in force, the competent authority may direct, any person or class of persons, or all persons, in a communally disturbed area, to deposit forthwith all arms, ammunition, explosives and corrosive substance, with the nearest police station, whether such person has a licence to keep such arms, ammunition, explosives, corrosive substance, or not: provided that a competent authority may exempt any individual or class of individuals from the operation of such order(2) whoever contravenes the provisions of an order made under this section, shall be punished with imprisonment of either description for a term which may extend to three years and shall also be liable to fine8 when any area has been notified as a communally disturbed area, then, notwithstanding anything contained in any law for the time being in force, if an officer in charge of a police station has reason to believe,—power to search, detain and seize arms, etc, in communally disturbed areas(a) any person residing in the limits of his jurisdiction within a communally disturbed area has in his possession any arms or ammunition, or explosives or corrosive substance, for any unlawful purpose; and(b) such person cannot be left in the possession of any arms or ammunition, or explosive or corrosive substance, without danger to the public peace or safety, the officer in charge of the police station may himself or by another officer, not below the rank of a sub-inspector of police authorised in this behalf by the officer in charge, search the house or premises occupied by such person or in which the officer in charge has reason to believe that such arms or ammunition, or explosives or corrosive substance, are, or is to be, found, and may have such arms, ammunition, explosives or corrosive substance, if any, seized, and detain the same in safe custody for such period as he thinks necessary although the person may be entitled by virtue of any law for the time being in force to have the same in his possessionpower of competent authority to prohibit certain acts9 (1) when any area has been declared as a communally disturbed area, then, notwithstanding anything contained in any law for the time being in force, any competent authority may in the areas under his jurisdiction, whenever and for such time as he may consider necessary, for the preservation of public peace or public safety by a notification publicly promulgated or addressed to individuals, prohibit at any town, village or place or in the vicinity of any such town, village or place in a communally disturbed area—(a) the carrying of arms, cudgels, swords, spears, bludgeons, guns, knives, sticks or lathis, or any other article, which is capable of being used for causing physical violence;(b) the carrying of any corrosive substance or explosives; (c) the carrying, collection and preparation of stones or other missiles or instruments or means of casting or impelling missiles;(d) the exhibition of persons or corpses of figures or effigies thereof; (e) the public utterances of cries, singing of songs, playing of music; (f) delivery of harangues, the use of gestures or threats, and the preparation, exhibition or dissemination of pictures, symbols, placards or any other object or thing, which may in the opinion of such authority lead to a breach of public peace(2) if any person goes armed with any such article or carries any corrosive substance or explosive or missile in contravention of such prohibition, he shall be liable to be disarmed or the corrosive substance or explosive or missile shall be liable to be seized from him by any police officer, and the article, corrosive substance, explosive or missile so seized shall be forfeited to the government(3) the competent authority may also, by order in writing, prohibit in a communally disturbed area any assembly or procession whenever and for so long as he may deem such prohibition to be necessary for the preservation of the public peace:provided that no such prohibition ordered by an authority subordinate to the state government shall remain in force for more than fifteen days without the sanction of the state government(4) the competent authority may, by public notice, in a communally disturbed area temporarily reserve, for any public purpose any street or public place and prohibit persons from entering the area so reserved, except under such conditions as may be specified by such authority(5) whoever disobeys an order lawfully made under this section, or abets the disobedience thereof, shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine10 (1) without prejudice to the provisions of any other law for the time being in force, a competent authority, in regard to a communally disturbed area, may make orders for—(a) controlling or regulating the admission of persons to, and the conduct of persons in, and in the vicinity of, such area;power to make orders regarding conduct of persons in communally disturbed area(b) requiring the presence of any person or class of persons in such area, to be intimated to any prescribed authority, specified in the said order; and(c) prohibiting any person or class of persons from being in possession or control of any article specified in the said order (2) whoever contravenes any order made under this section, without just and sufficient cause, shall be punished with imprisonment for a term which may extend to three years, and shall also be liable to fine11 (1) no person loitering in, or in the vicinity of, any communally disturbed area shall continue to loiter in, or in that vicinity after being ordered to leave it, by a police officer, or any other person authorised in this behalf by the competent authoritypunishment for loitering near prohibited places (2) whoever contravenes the provisions of this section without just and sufficient cause shall be punished with imprisonment for a term which may extend to one year, or with fine, or with both12 whoever, being present within a communally disturbed area, has in his possession any arms, ammunition, explosives or corrosive substance without any license or lawful authority, shall be punished with imprisonment for a term which may extend to three years and shall also be liable to finepunishment for being in possession of arms, etc, without licences punishment for assisting offenders13 any person who knowing or having reasonable cause to believe that any other person has committed any act or omitted to do an act, the commission or omission of which, would be an offence under the provisions of this act, gives that other person any assistance with intent thereby to prevent, hinder or otherwise interfere with his arrest, trial or punishment for the said offence, shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine14 whoever knowingly expends or supplies any money in furtherance or in support of an act which is an offence under this act, shall be punished with imprisonment for a term, which may extend to three years, and shall also be liable to finepunishment for giving financial aid for the commission of certain offences15 whoever, threatens any person,—punishment for threatening witnesses, etc(i) who is, or is likely to be, a witness in any prosecution for an offence under this act, or in any trial before a special court constituted under this act;(ii) who has in his possession or knowledge any material document or other information which if produced before an investigating officer, or a court, could be used as evidence in the investigation for an offence under this act, or in a trial before a special court constituted under this act;(iii) with any injury to his person or property or to the person or property of any one in whom that person is interested, with intent to cause harm to that person, or to compel that person to refrain or withdraw from being a witness in such investigation or trial, or to prevent that person from producing such material, document or information before the investigating officer or court as mentioned aforesaid, shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine59 of 198816 whoever being the owner, driver or otherwise in charge of any goods transport vehicle carries or causes to be carried in the vehicle in a communally disturbed area, any number of persons in excess of the numbers permitted under the motor vehicles act, 1988 or the rules made thereunder, shall be punished with imprisonment for a term which may extend to one year, or with fine, or with bothdriver, owner or any person in charge of goods transport vehicle not to carry more persons than authorised17 (1) whoever being a public servant or any other person authorised to act by a competent authority under any provisions of this act or orders made thereunder,—punishment for public servants acting in malafide manner(a) exercises the lawful authority vested in him under this act in a mala fide manner, which causes or is likely to cause harm or injury to any person or property; or(b) wilfully omits to exercise lawful authority vested in him under this act and thereby fails to prevent the commission of any communal violence, breach of public order or disruption in the maintenance of services and supplies essential to the community, shall be punished with imprisonment which may extend to one year, or with fine, or with both explanation—for the purposes of this section, any police officer who, wilfully refuses—(i) to protect or provide protection to any victim of communal violence; (ii) to record any information under sub-section (1) of section 154 of the code relating to the commission of any scheduled offence or any other offence under this act;(iii) to investigate or prosecute any scheduled offence or any other offence under this act, shall be deemed to be guilty of wilfully omitting to exercise the lawful authority vested in him(2) notwithstanding anything contained in the code, no court shall take cognizance of an offence under this section except with the previous sanction of the state government: provided that every request for the grant of sanction under this section shall be disposed of by the state government within thirty days from the date of the request18 notwithstanding anything contained in any other law for the time being in force, whoever contravenes an order under section 144 of the code, if that order is in respect of any person or thing or any matter relating to a communally disturbed area under this act, shall be punished with imprisonment for a term which may extend to three years and shall also be liable to finepunishment for violation of orders under section 144 of the code in communally disturbed areas chapter iv enhanced punishment for communal violencepunishment for committing communal violence19 (1) whoever commits any act of omission or commission which constitutes a scheduled offence on such scale or in such manner which tends to create internal disturbance within any part of the state and threatens the secular fabric, unity, integrity or internal security of the nation is said to commit communal violence45 of 1860 (2) notwithstanding anything contained in the indian penal code, or in any other actspecified in the schedule, whoever commits any act of omission or commission which constitutes communal violence shall, except in the case of an offence punishable with death or imprisonment for life, be punished with imprisonment for a term which may extend to twice the longest term of imprisonment and twice the highest fine provided for that offence in the indian penal code or in any other act specified in the schedule, as the case may be: provided that whoever being a public servant or any other person authorised to act bya competent authority under any provisions of this act or orders made thereunder, commits communal violence shall without prejudice to the foregoing provisions be punished with imprisonment which shall not be less than five years(3) any person who is guilty of an offence under sub-section (1) shall be disqualifiedto hold any post or office under the government for a period of six years from the date of such conviction chapter v investigationscheduled offences to be cognizable20 (1) notwithstanding anything contained in the code or any other law, every scheduled offence shall be deemed to be a cognizable offence within the meaning of clause (c) of section 2 of the code and "cognizable case" as defined in that clause shall be construed accordingly (2) notwithstanding anything contained in the code, no police officer, below the rank of sub-inspector of police or a police officer of equivalent rank shall investigate any offence punishable under this act (3) section 167 of the code shall apply in relation to a case involving a scheduled offence subject to the modification that the reference in sub-section (1) thereof to"judicial magistrate" shall be construed as a reference to "judicial magistrate or executive magistrate" (4) sections 366 to 377 (both inclusive) and section 392 of the code shall apply in relation to a case involving a scheduled offence, subject to the modification that the references to "court of session", wherever occurring therein, shall be construed as references to "special court"declaration of places to be police stations21 (1) whenever an area has been declared under sub-section (1) of section 3 as a communally disturbed area, the state government shall, without prejudice to the provisions of clause (s) section 2 of the code, declare any post or place within such area to be a police station and the provisions of chapter xii of the code shall, so far as may be, apply in relation to information to the police and their powers to investigate (2) the state government shall provide as many women police officers as possible to record any information relating to the commission of a scheduled offence committed against women or children in the communally disturbed area and to investigate any such offenceconstitution of review committee22 (1) notwithstanding anything contained in the code, every case, registered in connection with a scheduled offence committed in a communally disturbed area, and where the investigating officer does not file a charge sheet within a period of three months from the date of registration of the first information report shall be reviewed by a committee headed by an officer of the level of an inspector-general of police to be constituted by the state government and such committee may pass orders for a fresh investigation by another officer not below the rank of deputy superintendent of police wherever it comes to the conclusion that, having regard to the nature of investigation already carried out, such investigation would be necessary (2) the committee constituted under sub-section (1) may also review cases of such offences where the trial ends in acquittal and issue orders for filing appeal, wherever required(3) the committee shall submit a report of its findings and action taken in each case or cases to the director general of policeconstitution of special investigation teams23 notwithstanding anything contained in any other law for the time being in force, where the state government comes to the conclusion that the investigation of offences committed in any communally disturbed area were not carried out properly in a fair and impartial manner it may constitute one or more special investigation teams as it thinks necessary for the purposes of investigation of such offences chapter vi special courtsestablishment of special courts24 (1) the state government shall establish one or more special courts for trial of scheduled offences committed during the period of disturbance by issuing a notification for the purpose(2) notwithstanding anything contained in sub-section (1), if, having regard to the exigencies of the situation prevailing in a state, the government is of the opinion that it is expedient to establish, additional special courts outside the state, for the trial of such scheduled offences committed in a communally disturbed area, the trial whereof within the state—(a) is not likely to be fair or impartial or completed with utmost dispatch; or (b) is not likely to be feasible without occasioning a breach of peace or grave risk to the safety of the accused, the witnesses, the public prosecutor and the judge or any of them; or(c) is not otherwise in the interests of justice, it may request the central government to establish, in relation to such communally disturbed area, an additional special court outside the state and thereupon the central government may, after taking into account the information furnished by the state government and making such inquiry, if any, as it may deem fit, establish, by notification, such additional special court at such place outside the state as may be specified in the notification25 (1) a special court shall be presided over by a judge to be appointed by the state government with the concurrence of the chief justice of the high courtcomposition and appointment of judges of special courts (2) the state government may also appoint, with the concurrence of the chief justice of the high court, additional judges to exercise jurisdiction in a special court (3) a person shall not be qualified for appointment as a judge or an additional judge of a special court unless he is, immediately before such appointment, a sessions judge or an additional sessions judge in any state(4) for the removal of doubts, it is hereby provided that the attainment by a person, appointed as a judge or an additional judge of a special court, of age of superannuation under the rules applicable to him in the service to which he belongs, shall not affect his continuance as such judge or additional judge(5) where any additional judge is, or additional judges are, appointed in a special court, the judge of the special court may, from time to time, by general or special order, in writing, provide for the distribution of business of the special court among himself and the additional judge or additional judges and also for the disposal of urgent business in the event of his absence or the absence of any additional judgeplace of sitting26 a special court may, if it considers it expedient or desirable so to do sit for any of its proceedings at any place, other than the ordinary place of its sitting in the state in which it is established: provided that if the public prosecutor certifies to the special court that it is in his opinion necessary for the protection of the accused or any witness or otherwise expedient in the interest of justice that the whole or any part of the trial should be held at some place other than the ordinary place of its sitting, the special court may, after hearing the accused, make an order to that effect unless, for reasons to be recorded in writing, the special court thinks fit to make any other orderjurisdiction of special courts27 (1) notwithstanding anything contained in the code or in any other law, a scheduled offence committed in a judicial zone in a state at any time during the period during which such judicial zone is, or is part of, a judicial zone, shall be triable, whether during or after the expiry of such period only by the special court established for such judicial zone in the state:provided that where the period specified under sub-section (2) of section 3 as the period during which an area declared by notification under sub-section (1) of that section to be a communally disturbed area commences from a date earlier than the date on which such notification is issued, then—(a) nothing in the foregoing provisions of this sub-section shall apply to a scheduled offence committed in such area in which the whole of the evidence for the prosecution has been taken before the date of issue of such notification; and(b) all other cases involving scheduled offences committed in such area and pending before any court immediately before the date of issue of such notification shall stand transferred to the special court having jurisdiction under this section and the special court to which such proceedings stand transferred shall proceed with such cases from the stage at which they were pending at that time (2) notwithstanding anything contained in sub-section (1), if in respect of a case involving a scheduled offence committed in any judicial zone in a state, the state government, having regard to the provisions of this act and the facts and circumstances of the case and all other relevant factors, is of the opinion that it is expedient that such offence should be tried by the additional special court established in relation to such judicial zone outside the state, the state government may make a declaration to that effectexplanation—where an additional special court is established in relation to two or more judicial zones, such additional special court shall be deemed, for the purposes of this sub-section, to have been established in relation to each of such judicial zones(3) a declaration made under sub-section (2) shall not be called in question in any court(4) where any declaration is made in respect of any offence committed in a judicial zone in a state, any prosecution in respect of such offence shall be instituted only in the additional special court established outside the state in relation to such judicial zone and if any prosecution in respect of such offence is pending immediately before such declaration in any other court, the same shall stand transferred to such additional special court and such additional special court shall proceed with such case from the stage at which it was pending at that time28 (1) when trying any scheduled offence, a special court may also try any offence other than the scheduled offence with which the accused may, under the code, be charged at the same trial if the offence is connected with the scheduled offencepowers of special courts with respect to other offences(2) if, in the course of any trial under this act, it is found that the accused person has committed any offence, the special court may, whether such offence is or is not a scheduled offence, convict such person of such offence and pass any sentence authorised by law for the punishment thereofpublic prosecutors29 (1) for every special court, the state government shall appoint a person to be thepublic prosecutor and may appoint one or more persons to be the additional public prosecutors: provided that the government may also appoint for any case or class of cases a special public prosecutor(2) a person shall be eligible to be appointed as a public prosecutor or an additional public prosecutor or a special public prosecutor under this section only if he has been in practice as an advocate for not less than seven years or has held any post, for a period of not less than seven years, under the union or a state, requiring special knowledge of law(3) every person appointed as a public prosecutor or an additional public prosecutor or a special public prosecutor under this section shall be deemed to be a public prosecutor within the meaning of clause (u) of section 2 of the code, and the provisions of the code shall have effect accordinglyprocedure and powers of special courts30 (1) a special court may take cognizance of any scheduled offence, without the accused being committed to it for trial, upon receiving a complaint of facts which constitute such offence or upon a police report of such facts (2) notwithstanding anything contained in the code, the special court shall conduct its proceedings on a day-to-day basis excluding public holidays (3) where a scheduled offence is punishable with imprisonment for a term not exceeding three years, or with fine, or with both, a special court may, notwithstanding anything contained in sub-section (1) of section 260 or section 262 of the code, try the offence in a summary way in accordance with the procedure prescribed in the code and the provisions of sections 263 to 265 of the code shall, so far as may be, apply to such trial:provided that when, in the course of a summary trial under this sub-section, it appears to the special court that the nature of the case is such that it is undesirable to try it in a summary way, the special court shall recall any witnesses who may have been examined and proceed to re-hear the case in the manner provided by the provisions of the code for the trial of such offence and the said provisions shall apply to and in relation to a special court as they apply to and in relation to a magistrate:provided further that in the case of any conviction in a summary trial under this section, it shall be lawful for a special court to pass a sentence of imprisonment for a term not exceeding two years (4) a special court may, with a view to obtaining the evidence of any person supposed to have been directly or indirectly concerned in, or privy to, an offence, tender a pardon to such person on condition of his making a full and true disclosure of the whole circumstances within his knowledge relative to the offence and to every other person concerned whether as principal or abettor in the commission thereof, and any pardon so tendered shall, for the purposes of section 308 of the code, be deemed to have been tendered under section 307 thereof (5) subject to the other provisions of this act, a special court shall, for the purpose of trial of any offence, have all the powers of a court of session and shall try such offence as if it were a court of sessions so far as may be in accordance with such procedure specified in the code for the trial before a court of session (6) subject to the other provisions of this act, every case before an additional special court shall be dealt with as if such case had been transferred under section 406 of the code to such additional special courtpower of supreme court to transfer cases31 whenever it is made to appear to the supreme court that an order under this section is expedient for the ends of justice, it may direct that any particular case be transferred from one special court to another special courtprotection of witnesses32 (1) a special court may, on an application made by a witness in any proceedings before it or by the public prosecutor in relation to such witness or on its own motion, take such measures as it deems fit for keeping the identity and address of the witness secret (2) in particular and without prejudice to the generality of the provisions of subsection (1), the measures which a special court may take under that sub-section may include–(a) the holding of the proceedings at a protected place; (b) the avoiding of the mention of the names and addresses of the witnesses inits orders or judgments or in any records of the case accessible to public;(c) the issuing of any direction for securing that the identity and addresses of thewitnesses are not disclosed (3) any person who contravenes any direction issued under sub-section (2) shall be punishable with imprisonment for a term which may extend to one year and with fine which may extend to one thousand rupees| power ||-------------------|| transfer cases to || regular courts |33 where, after taking cognizance of any offence, a special court is of opinion that the offence is not a scheduled offence, it shall, notwithstanding that it has no jurisdiction to try such offence, transfer the case for trial of such offence to any court having jurisdiction under the code and the court to which the case is transferred may proceed with the trial of the offence as if it has taken cognizance of the offenceremoval of person likely to commit scheduled offence34 (1) where a special court is satisfied, suo motu or upon a complaint or a police report that a person is likely to commit a scheduled offence in any communally disturbed area, it may, by order in writing, direct such person to remove himself beyond the limit of such area, by such route and within such time as may be specified in the order, and not to return to that area from which he was directed to remove himself for such period, not exceeding six months, as may be specified in the order (2) the special court shall, along with the order under sub-section (1), communicate to the person directed under that sub-section the grounds on which such order has been made (3) the special court may revoke or modify the order made under sub-section (1), for the reasons to be recorded in writing, on the representation made by the person against whom such order has been made or by any other person on his behalf within thirty days from the date of the order35 (1) if a person to whom a direction has been issued under section 34 to remove himself from any area—(a) fails to remove himself as directed; orprocedure on failure of person to remove himself from area and enter thereon after removal(b) having so removed himself enters such area within the period specified in the order, otherwise than with the permission in writing of the special court under sub-section (2), the special court may cause him to be arrested and removed in police custody to such place outside such area as the special court may specify (2) the special court may, by order in writing, permit any person in respect of whom an order under section 34 has been made, to return to the area from which he was directed to remove himself for such temporary period and subject to such conditions as may be specified in such order and may require him to execute a bond with or without surety for the due observation of the conditions imposed (3) the special court may at any time revoke any such permission (4) any person who, with such permission, returns to the area from which he was directed to remove himself shall observe the conditions imposed, and at the expiry of the temporary period for which he was permitted to return, or on the revocation of such permission before the expiry of such temporary period, shall remove himself outside such area and shall not return thereto within the unimpaired portion specified under section 34 without a fresh permission (5) if a person fails to observe any of the conditions imposed or to remove himself accordingly or having so removed himself enters or returns to such area without fresh permission the special court may cause him to be arrested and removed in the police custody to such place outside such area as the special court may specifyappeal36 (1) notwithstanding anything contained in the code, an appeal shall lie as a matterof right from any judgment, sentence or order, not being interlocutory order, of a special court to the high court both on facts and on law (2) except as aforesaid, no appeal or revision shall lie to any court from any judgment, sentence or order of a special court (3) every appeal under this section shall be preferred within a period of thirty days from the date of the judgment, sentence or order appealed from: provided that the high court may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that the appellant had sufficient cause for not preferring the appeal within the period of thirty daysabolition of certain special courts37 where any area ceases to be a communally disturbed area and no cases are pending before a special court or an additional special court established in relation to such communally disturbed area, the state government, may, by notification, abolish such special court or additional special court, as the case may be chapter vii institutional arrangements for relief and rehabilitation38 every state government shall, by notification, establish a council to be known as state communal disturbance relief and rehabilitation councilstate communal disturbance relief and rehabilitation council39 the state council shall consist of the following members, namely:—constitution of state council(a) the chief secretary of the state - chairperson, ex officio;(b) the director general of police of the state - member, ex officio;(c) the secretary of the department entrusted with relief and rehabilitation work in the state government - member, ex officio;(d) the secretary of the department of finance in the state government –member, ex officio;(e) the secretary of the department of home in the state government - member, ex officio;(f) the secretary to the department of social welfare dealing with tribal welfare or minorities welfare or women and child development in the state government - member, ex officio;(g) three persons to be nominated by the state government to represent individuals or private voluntary organisations engaged in the work relating to promotion of communal harmony or providing relief to the victims of communal violence –members;(h) not less than five persons to be nominated by the state government in such a manner that all important religious groups in the state are represented in the state council - members;(i) an officer not below the level of joint secretary to the state government to be nominated by the state government - member-secretary, ex officio; (j) the term of members appointed under clauses (g) and (h) shall be such as may be prescribed by the state governmentfunctions of council40 (1) the state council shall have the responsibility of planning relief, including immediate relief and rehabilitation measures and co-ordination and monitoring the implementation of such measures and issue suitable directions for their implementation may be required (2) without prejudice to the generality of the provision of sub-section (1), the state council shall—(a) advise the state government in matters relating to relief and rehabilitation of victims of communal violence including drawing up of guidelines for the assessment of compensation including grant of immediate or interim compensation which shall not be less than twenty per cent of the full rates of compensation in respect of the losses suffered by an individual in communal violence in respect of –(i) loss of, or damage to, homes and belongings; (ii) loss of life and injuries sustained; (iii) destruction of, or damage to, business and the loss of means oflivelihood;(iv) impact of sexual assaults or abuse on women;(b) issue suitable guidelines for setting-up of relief camps for victims of communal violence, which shall provide for the following:—(i) arrangements for providing security at such camps; (ii) appropriate shelter for winter, monsoon or summer seasons; (iii) food, drinking water, toilet and bathing facilities; (iv) health services, certification of injuries at the camp itself and issuanceof medical cards with a validity of six months for purchase of free medicine, psychosocial support like trauma counselling;(v) issue of temporary ration cards valid for a specific period; (c) establish a system of single window to complete all administrative formalities in relation to providing quick relief and rehabilitation to the victims of communal violence including making available ration cards or other identity cards; (d) certify loss or damage of educational or other certificates or ownership or other documents in respect of the victims of communal violence; and facilitate the students of the area affected by communal violence to appear for any examination and to provide security for the purpose; (e) establish centres for rehabilitating the children of victims of communal violence; (f) establish a single window clearance scheme for speedy disposal of insurance claims and for providing soft loans through financial institutions or measures relating to re-scheduling of loans and payments of interest in cases of victims of communal violence in consultation with the financial institutions; (g) facilitate the efforts of other organisations who may come forward to help the victims in all manner feasible (h) recommend welfare measures to be adopted and implemented by the appropriate government with a view to ameliorating the conditions of victims of communal violence; (i) draw suitable guidelines and issue directions for funding the restoration and repair of the places of worship damaged or destroyed during the communal violence, in consultation with and consensus of the members of the affected community; (j) formulate a comprehensive and affirmative scheme for welfare of victims of communal violence and devise a programme for implementing such schemes with the approval of the appropriate government and implement the scheme (k) activate the functioning of the district communal harmony committee; (l) maintain comprehensive data bank relating to the socio and economic development of victims of communal violence; (m) report to the appropriate government the inadequacies or shortcomings in meeting with the situation and also on the remedial measures; and (n) perform such other functions as may be incidental or ancillary thereto as may be assigned by the appropriate government from time to time (3) while performing the functions under this section, the state council shall follow such procedure as may be prescribed41 (1) the state council shall prepare a plan for every state to be called the state communal harmony plan for promotion of communal harmony and prevention of communal violence, hereinafter called the state plan, and recommend the same to the state government for adoption (2) the state plan shall be prepared providing for—state plan for promotion of communal harmony and prevention of communal violence(i) the measures to be adopted for prevention or mitigation of communal violence including the constitution of district level peace committees; (ii) the capacity-building and preparedness of measures to be taken to deal with communal violence including a riot prevention scheme at the district and sub-district level (3) the state government shall adopt the state plan after such modification as considered necessary (4) the state government shall cause the state plan and also any advice, recommendation and guidelines issued under section 40 to be laid on the table of the state legislature:provided that where the state government does not accept any of the recommendations of the state council under section 40 or under this section, it shall expressly state the reasons for not accepting the recommendation and submit it along with the action taken report and cause the same to be laid on the table of the state legislature as soon as may be while it is in session and where the state legislature is not in session within fifteen days from the date of commencement of its session (5) the state plan shall be reviewed and updated every two years (6) the state government shall make appropriate provisions for financing the activities to be carried out under the state plan42 (1) the state government shall, by notification, establish a district communal disturbance relief and rehabilitation council in respect of each district in the stateconstitution of district council (2) the district council shall consist of such number of members, not exceeding ten, as may be prescribed by the state government, and unless the rules otherwise provides, it shall consist of the following members, namely:—(a) the collector or district magistrate or deputy commissioner, as the casemay be, of the district who shall be the chairperson—ex officio;(b) the superintendent of police of the district —member, ex officio; (c) the chief medical officer of the district—member, ex officio;(d) such other district level officers of the departments of social welfare, tribal welfare, minority welfare, women and child development or such other departments as may be prescribed by the state government—members, ex officio;(e) two persons representing the private voluntary organisations to be nominated by the state government—members;(f) not less than five persons to be nominated in such a manner that all important religious groups in the district are represented in the district council—members;(g) the terms and conditions of appointment of members under clauses (e) and(f) shall be such as may be prescribed by the state governmentmeetings of district council43 the district council shall meet as and when necessary and at such time and place as the chairperson may think fitfunctions of district council44 (1) the district council shall act as the district level coordinating and implementingbody for relief and rehabilitation of victims of communal violence and take all measures for the purpose in accordance with the guidelines laid down by the national council and the state council including,—(a) assessment of compensation in respect of the losses suffered by an individual in communal violence in respect of—(i) loss of life and injuries sustained; (ii) loss of, or damage to, homes, shops and such other structures and belongings;(iii) destruction of, or damage to, business and the loss of means of livelihood;(iv) impact of sexual assaults or abuse on women;(b) setting-up of relief camps for victims of communal violence including—(i) arrangements for providing security at such camps; (ii) appropriate shelter for winter, monsoon or summer seasons; (iii) food, drinking water, toilet and bathing facilities; (iv) health services, certification of injuries at the camp itself and issuance of medical cards with a validity of six months for purchase of free medicine, psychosocial support like trauma counselling; and(v) temporary ration cards valid for a specific period(2) the district council shall prepare a district plan for promotion of communal harmony and prevention of communal violence and recommend the same to the state council (3) the district council shall periodically review the implementation of the orders passed by any court for award of compensation to victims of communal violence under the provisions of this act and submit an annual report to the state council chapter viii national councilnational communal disturbance relief and rehabilitation council45 (1) the central government shall, by notification, constitute, with effect from such date as it may specify in such notification, a council to be known as the national communal disturbance relief and rehabilitation council, consisting of not more than eleven members, to exercise the powers conferred on, and to perform the functions assigned to it by or under this act(2) the national council shall consist of the following, namely:—(i) the secretary to the government of india, ministry of home affairs—member, ex officio;(ii) the secretary to the government of india, ministry of defence—member, ex officio;(iii) the secretary to the government of india in the ministry of finance—member, ex officio;(iv) four persons to be nominated by the central government representing minority and weaker sections of the society—members;(v) four persons nominated by the central government representing other sections of the society who have been striving to maintain the communal harmony—members(3) the central government shall appoint one of the members of the national council as its chairperson46 (1) every member of the national council (other than the ex officio members)shall hold office for a term of four years from the date of their appointmentterms and conditions of members of national council(2) the travelling and other allowance payable to the members of the national council (other than the ex officio members) shall be such as may be prescribed by the central government47 (1) the national council shall recommend to the appropriate government as to—powers and functions of national council(a) how the victims of the communal violence should be helped and what kind of relief could be given to them;(b) how the victims of the communal violence shall be rehabilitated; (c) the kind of compensation to be given to the victims of the communal violence(2) the national council shall advice the state government as to the assistance to be given to the victims of communal violence(3) the national council shall also perform such other act, which may help to control and contain communal violence and help to give relief and rehabilitation and compensation to the victims of communal violence(4) it shall be the duty of the national council to visit the areas affected by the communal violence as soon the information of occurrence of such violence is received and to send a report of the situation prevailing in such areas along with its recommendations to the central governmentreport of national council48 the national council shall, from time to time, submit reports to the central government recommending the steps required to be taken to deal with the situation giving rights to communal violence chapter ix funds for relief and rehabilitationstate fund49 (1) every state government shall establish a fund to be called the state communal disturbance relief and rehabilitation fund and there shall be credited thereto—(a) all moneys received from the central government; (b) all moneys received from the state government;(c) all moneys received by way of gifts or donations from a public sectorundertaking or a local authority or an individual or a private voluntary organisation for all or any of the purposes of this act;(d) amounts received as aid from the international organisations or organisations in india, where necessary, in terms of the existing regulations governing such aid, for the rehabilitation or welfare of victims of communal violence (2) the fund shall be applied for the following purposes, namely:—(a) for the purposes of grants for relief and rehabilitation as provided for undersections 40 and 42;(b) for meeting the expenses for exercising or performing other powers andfunctions of the state council under section 40; and(c) for such other purposes as may be prescribed (3) the state council shall submit an annual report to the national council to review the implementation of the orders passed by the courts with regard to awarding of compensation to victims of communal violencescheme for grant of relief50 (1) every state government shall, by notification, make a scheme for providing funds for the purpose of grant of immediate compensation to the victims or their dependents in the event of loss of life or injury, as the case may be, or to those who have suffered loss or damage to property or loss of means of livelihood or as a result of an offence under the provisions of this act (2) the scheme shall be administered by the district councildistrict fund51 every state government shall establish a fund to be called the victimsassistance fund in each district and placed the same at the disposal of the district council and there shall be credited thereto—(a) all monies received from the state government;(b) all monies received by way of gifts or donations from a public or private sector undertakings or a local authority or an individual or a private voluntary organisation for any or all the purposes of this act52 the district councils in a state shall function under the overall supervision and directions of the state councildistrict council to function under state council chapter x compensation to victimscompensation to victims53 (1) whenever a special court convicts a person for an offence punishable under this act, it may, by its sentence, also pass an order that the offender shall make such monetary compensation as may be specified therein to the person mentioned in sub-section (5) for any loss or damage arising from such offence:45 of 1860 provided that no such compensation shall be awarded to a person who is involved in any offence committed under the indian penal code as specified in the schedule (2) the amount of compensation shall be such as is determined by the special court and be equitable, having regard to the provisions of sub-section (4) (3) an order under sub-section (1) may be made in addition to any other punishment to which the person convicted is sentenced or where the offence is punishable with fine only, or with imprisonment for a period not exceeding three months, such order may be in lieu of any other punishment (4) before passing any order under sub-section (1) the special court shall take into consideration the nature of the offence, the motive therefor, the economic status of the offender and the person in whose favour such order is made and all other relevant factors (5) the compensation awarded under sub-section (1) may be directed to be paid—(i) to any person who has incurred expenses in prosecution or defraying any other expenses properly incurred;(ii) to any person for any loss, damage or injury caused by the offence, when the compensation therefor is, in the opinion of the special court, recoverable by such person in a civil court;12 of 1855(iii) in the case of a conviction for any offence for having caused the death of another person or of having abetted the commission of such offence to the person who are, under the fatal accidents act, 1855, entitled to recover damages from the person sentenced, for the loss resulting to them from such death;(iv) in the case of a conviction for any offence which includes theft, criminal misappropriation, criminal breach of trust, or cheating, robbery, dacoity, extortion or of having dishonestly received or retained, or having voluntarily assisted in disposing off stolen property knowing or having reason to believe the same to be stolen to any bona fide purchaser of such property for the loss of the same, if such property is restored to the possession of the person entitled thereto (6) at the time of awarding compensation in any subsequent civil suit relating to the same matter, the court shall take into account any sum paid or recovered as compensation under this sectionimmediate compensation54 (1) the district council shall entertain claims by or on behalf of persons affected by communal violence and the district council shall decide the quantum of immediate compensation to be awarded to the victim or his dependents, as the case may be, after due inquiry within a period of one month from the date of the claim (2) the amount of compensation shall not be less than twenty per cent of the full rate of compensation as prescribed under each category of cases (3) the compensation shall be disbursed to the victim after adjusting any amount of assistance he might have received under any other scheme of the state government for grant of relief or compensation (4) the assistance from the district fund may not be given to those victims or to the legal heirs if the victim is involved in the commission of any offence under the provisions of this act chapter xi special powers of the central government to deal with communal violence in certain casespower of central government to give directions to state government and issue notifications, etc55 (1) whenever the central government is of the opinion that one or more scheduled offences are being committed in any area within a state by any person or group of persons in such manner and on such a scale which involves the use of criminal force or violence against the members of any group, caste or community resulting in death or destruction of property and such use of criminal force or violence is committed with a view to create disharmony or feelings of enmity, hatred or ill-will between different groups, castes or communities and there is an imminent threat to the secular fabric, unity, integrity or internal security of india which requires that immediate steps shall be taken by the state government concerned, it shall—(a) draw the attention of the state government to the prevailing situation in that area; and(b) direct the state government to take all immediate measures to suppress such violence or the use of criminal force within such time as may be specified in the direction (2) the state government shall take appropriate action to prevent and control communal violence on the issue of a direction under sub-section (1)(3) where the central government is of opinion that the directions issued under subsection (2) are not followed, it may take such action as is necessary including—(a) the issue of a notification declaring any area within a state as a "communally disturbed area";(b) the deployment of armed forces, to prevent and control communal violence, on a request having been received from the state government to do so (4) where it is decided to deploy armed forces under sub-section (3), the central government or the state government may constitute an authority to be known as unified command for the purpose of co-ordinating and monitoring the role and responsibilities of the forces of the union and states and for giving appropriate directions to such forces(5) the forces deployed under sub-section (3) shall act under the control and as per the directions of the district magistrate or any officer nominated by the state government or the unified command(6) every notification issued by the central government under clause (a) of subsection (3) shall be laid before each house of parliament56 (1) a notification under section 55 shall specify the period for which the area shall remain so notified: provided that the period specified under such notification shall not, in the first instance, exceed thirty days:power of central government to extend or modify notifications issued under section 55provided further that the central government may extend the said period, by notification, if in its opinion the area continues to be a communally disturbed area:provided also that the total period during which an area may be notified as a communally disturbed area shall not exceed a total countinuous period of sixty days(2) where the central government is satisfied that such disturbance of public peace and tranquillity as is referred to in sub-section (1) no longer persists in such area, it shall amend the notification issued in respect of that area to limit the period specified therein [whether originally or by amendment under sub-section (1)] chapter xii powers, duties and immunities of the officersprotection of action taken in good faith57 (1) no suit, prosecution or other legal proceedings shall lie against the state government, the central government or any officer or authority of such government or any other person or any member of the state council, national council or district council for anything which is in good faith done or intended to be done under this act or the rules made thereunder (2) it shall be the duty of the state government or central government, as the case may be, to provide required legal aid to an officer or authority facing a suit or legal proceedings in terms of sub-section (1) (3) any officer or authority of the state government or the central government who suffers an injury or is killed in the discharge of his duty while acting under the provisions of this act shall be given special compensation or ex gratia relief at double the rate of such compensation or ex gratia relief as is admissible in respect of other government servants on duty in terms of the existing rules or guidelines framed by the state government or the central government, as the case may be chapter xiii miscellaneous58 while providing compensation and relief to the victims of communal violence,—prohibition against discrimination(a) there shall be no discrimination on the ground of sex, caste, community, descent or religion; and(b) uniformity of assistance irrespective of caste, community or religion is maintainedapplication of other laws not barred59 save as otherwise provided, the provisions of this act shall be in addition to, andnot in derogation of, any other laws for the time being in force except to the extent the provisions of other laws are inconsistent with the provisions of this act60 (1) the central government may, by notification, make rules for carrying 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:—(a) the travelling and other allowances payable to the members of the national council under sub-section (1) of section 46;(b) any other matter which is required to be, or may be, prescribed by the central government (3) every rule made by the central government under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and 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 rule61 (1) the state government may, by notification in the official gazette, make rules for carrying out the purposes of this actpower of state 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 term of members appointed under clauses (g) and (h) of section 39; (b) the procedure to be followed by the state council while performing its functions under sub-section (2) of section 40;(c) the number of members of the district council and such other departments which may be represented by the district level officers in the district council under clause (d) of sub-section (2) of section 42;(d) the terms and conditions of appointment of members under clauses (e) and(f) of sub-section (2) of section 42;(e) the other purposes for which the state fund shall be applied under clause (c)of sub-section (2) of section 49;(f) any other matter which is required to be, or may be prescribed(3) every notification, rule and scheme made under this act shall be laid, as soon as may be after it is made, before each house of state legislature where it consists of two houses, or where such legislature consists of one house, before that house62 in the representation of the people act, 1951, in section 8, in sub-section (2), after clause (c), the following clause shall be inserted, namely:—amendment of section 8 of act 43 of 1951"(ca) any provision of the communal violence (prevention, control and rehabilitation of victims) act, 2005" the schedule[see clause (l) of sub-section (1)of section 2]1 offences under the following provisions of the indian penal code (45 fo 1860):— sections 120b, 143, 144, 145, 147, 148, 150, 151, 152, 153, 153a, 153b, 154, 155,156, 157, 158, 160, 295, 295a, 296, 297, 298, 302, 303, 304, 307, 308, 323, 324, 325, 326, 327 to 335, 341 to 348, 352, 353, 354, 355 to 358, 363 to 369, 376, 379, 380, 383, 384 to 387, 392, 402, 411, 412, 426, 427, 431, 435, 436, 440, 447 to 462, 504 to 506 and 5092 offences under the following provisions of the arms act, 1959 (54 of 1959):—sections 25, 26, 27, 28 to 303 offences under the following provisions of the explosives act, 1884 :—sections 6(3), 8(2) and 9b4 offences under the following provisions of the prevention of damage to public property act, 1984 (3 of 1984) —sections 3 and 45 offence under the following provisions of the places of worship (special provisions)act, 1991 (42 of 1991)—section 66 offences under the following provisions of the religious institutions (prevention of misuse) act, 1988 (41 of 1988) —section 7 statement of objects and reasonscommunal violence threatens the secular fabric, unity, integrity and internal security of a nation with a view to empowering the state governments and the central government to take effective measures to provide for the prevention and control of communal violence and to rehabilitate the victims of such violence, for speedy investigation and trial of offences including imposition of enhanced punishments, than those provided in the indian penal code, on persons involved in communal violence and for matters connected therewith, it has been decided to enact a law by parliament2 the bill, inter alia, seeks to–(i) provide for declaration of certain areas as communally disturbed areas by the state governments;(ii) lay down measures for prevention of acts leading to communal violence; (iii) enhance punishments for offences relating to communal violence and for certain other offences;(iv) make provisions for speedy investigation and trial of offences through special courts;(v) make institutional arrangements for relief and rehabilitation measures for victims of communal violence;(vi) make provisions for compensation to the victims of communal violence and provide for special powers to the central government in certain cases;(vii) provide for constitution of a national communal disturbance relief and rehabilitation council, state communal disturbance relief and rehabilitation council and district communal disturbance relief and rehabilitation council; and(viii) prohibit any discrimination in providing compensation and relief to the victims of communal violence on grounds of sex, caste, community or religion3 the notes on clauses explain in detail the various provisions contained in the bill 4 the bill seeks to achieve the above objectsshivraj v patilnew delhi;the 26th november, 2005 ———— president 's recommendation under article 117(3) of the constitution of india(copy of letter no 11034/20/2004-ni-i(vol-v) dated the 29th november, 2005 from shri shivraj vishwanath patil, minister of home affairs to the secretary-general, rajya sabha)'the president having been informed of the subject matter of the proposed ''the communal violence (prevention, control and rehabilitation of victims) bill, 2005'', recommends to the house the consideration of the bill under article 117(3) of the constitution'clause 1— this clause provides for the short title of the proposed legislation, the area of its operation and its commencement the proposed legislation will not be applicable to the state of jammu and kashmir as certain preparatory steps are required to be taken before the proposed legislation is brought into force, it is proposed to empower the central government to bring it into force on such date as it may appoint by notification in the official gazette the central government may notify different dates for different provisions of the bill however, the power to bring chapters ii to vi (both inclusive) of the bill is proposed to be vested in the state governmentclause 2— this clause contains definitions of certain words and expressions used in the bill these definitions include the definitions of "communally disturbed area", "communal violence", "competent authority", "relief and rehabilitation", "scheduled offence", "state fund" and "unified command'' it has also been provided that the expressions used in the explosives act, 1884 or the arms act, 1959 shall be applicable to the interpretation of the words used in the proposed legislation and not defined therein but defined in those acts the expression "communal violence" means any act of omission or commission which constitutes a scheduled offence and which is punishable under sub-clause (1) of clause 19 of the proposed legislationclause 3— this clause deals with the powers of the state government to declare an area to be a communally disturbed area in certain circumstancesclause 4— this clause lays down the measures to be taken by the state government to prevent and control communal violence in a communally disturbed areaclause 5— this clause lays down the powers of district magistrate to take preventive measures in case of a situation which has arisen causing apprehension of breach of peace and creation of discord between members of different groups, castes or communitiesclauses 6 to 10— these clauses describe the powers of the competent authority to take preventive measures in a notified communally disturbed areaclauses 11 to 15—these clauses provide for the punishment for various offences like loitering near prohibited places in violation of orders, being in possession of arms, etc, without licences, for assisting offenders, for giving financial aid for the commission of certain offences and for threatening witnessesclause 16— this clause provides for the punishment for the driver, owner or any person in charge of goods transport vehicle for carrying more persons than authorizedclause 17— this clause provides for punishment for public servants acting in mala fide manner and for failure to discharge their duties through wilful commissions or omissionsclause 18— this clause provides for the punishment for violation of orders under section 144 of the code of criminal procedure, 1973 in a communally disturbed areaclause 19— this clause prescribes the criterion for communal offence and enhanced punishment for committing communal violenceclause 20— this clause provides that the scheduled offences shall be cognizable offences for the purposes of the proposed legislationclause 21— this clause provides for declaration of certain places to be police stations clause 22— this clause empowers the state government to constitute a review committee headed by an officer of the level of inspector general of police to review cases of scheduled offences where the trial ends in acquittal and to issue orders for filing of appeals, wherever required the committee is required to submit a report on its findings and the action taken in each case to the director general of policeclause 23— this clause provides for the constitution of one or more special investigation teams by the state government in case the state government comes to the conclusion that the investigation of offences committed in a communally disturbed area were not carried out properly in a fair and impartial mannerclause 24— this clause provides that the state government shall, by notification in the official gazette, establish one or more special courts for the trial of scheduled offences committed during the period of disturbanceclauses 25 to 33— these clauses lay down the various administrative and procedural aspects in relation to the special courts to facilitate speedy trial of offences and awarding of punishment to the guilty these aspects include - (i) composition and appointment of judges of special courts; (ii) place of sitting of special courts; (iii) jurisdiction of special courts; (iv) powers of special courts with respect to other offences; (v) appointment of public prosecutors; (vi) procedure and powers of special courts; (vi) power of supreme court to transfer cases; (vii) protection of witnesses; and (viii) power to transfer cases to regular courtsclauses 34 to 36— these clauses lay down the procedure for imposing certain restrictions on movement of persons in communally disturbed areas and dealing with appeals against such restrictions imposedclause 37— this clause provides for abolition of certain special courts when a notified area ceases to be a communally disturbed areaclauses 38 to 48— these clauses provide for establishment of institutional arrangements for relief and rehabilitation measures through constitution of state communal disturbance relief and rehabilitation council, its composition and functions (clauses 38 to 40), state plan for promotion of communal harmony and prevention of communal violence (clause 41); constitution of district councils, their composition and functions (clauses 42- 44); constitution of national council and its composition (clause 45), terms and conditions of members of the national council (clause 46), the powers and functions of the national council (clause 47) and submission of report by the national council to the central government (clause 48)clauses 49 to 51— these clauses provide for the establishment of funds for relief and rehabilitation which include establishing- (i) state fund, purpose and submission of annual report to the national council (clause 49); (ii) scheme for grant of relief or immediate relief (clause 50) and establishment of district fund (clause 51)clause 52— this clause lays down that the district councils shall function under state councilclause 53— this clause lays down the modalities for payment of compensation to victims as per the orders of the special courtsclause 54— this clause provides for the payment of immediate compensation to the victims of communal violence through the district councilclauses 55 and 56— these clauses lay down the special powers of the central government to deal with communal violence in certain casesclause 57— this clause lays down the power, duties and immunities of officers and for protection of action taken in good faith as well as grant of special compensation or exgratia relief at double the rates admissible for officer or authority who suffers an injury or death in the discharge of his duties while acting under the provisions of the proposed legislationclause 58— this clause imposes prohibition against discrimination on grounds of sex, caste, community, descent or religion while providing compensation or relief to the victims of communal violenceclause 59— this clause provides that the application of other laws are not barred and the provisions of the proposed legislation shall be in addition to and not in derogation of any other law for the time being in forceclause 60— this clause empowers the central government to make rules for carrying out the provisions of the proposed legislation these rules, inter alia, relate to the travelling and other allowances payable to the members of the national councilclause 61— this clause empowers the state government to make rules for carrying out the provisions of the proposed legislation these rules may, in particular, relate to the terms of members of the state council (clause 39), procedure to be followed by the state council (clause 40), composition of the district council and terms and conditions of its members (clause 42), other purposes for which the state fund shall be applied (clause 49)clause 62— this clause seeks to insert a new clause (ca) in sub-section (2) of section8 of the representation of people act, 1951 so as to lay down that any person convicted for the contravention of the provisions of the proposed legislation shall incur disqualification under the said section 8the schedule to the proposed legislation enumerates the various offences which shall be the scheduled offences for the purposes of the proposed legislation financial memorandumsub- clause (1) of clause 45 of the bill provides that the central government shall, by notification, constitute, with effect from such date as it may specify in such notification, a council to be known as the national communal disturbance relief and rehabilitation council, consisting of not more than eleven members, to exercise the powers conferred on, and to perform the functions assigned to, it by or under the proposed legislation sub-clause (1) of clause 46 lays down that every member of the national council (other than the ex officio members) shall hold office for a term of four years from the date of their appointment subclause (2) of the said clause provides that the travelling and other allowances payable to the members of the national council (other than the ex officio members) shall be such as may be prescribed by the central government2 sub-clause (1) of clause 49 of the bill, inter alia, stipulates that every state government shall establish a fund to be called the state communal disturbance relief and rehabilitation fund and there shall be credited thereto all moneys received from the central government in case the central government decides to contribute to the state communal disturbance relief and rehabilitation fund expenditure from the consolidated fund of india would be involved3 sub-clause (1) of clause 50 of the bill provides that every state government shall prepare a scheme for providing funds for the purpose of grant of immediate compensation to the victims or their dependents in the event of loss of life or injury, as the case may be, or to those who have suffered loss or damage to property or loss of means of livelihood or as a result of an offence under the provisions of the proposed legislation clause 51 provides that every state government shall establish a fund to be called the victims assistance fund in each district and placed the same at the disposal of the district council and there shall be credited thereto, inter alia, all monies received from the state government since the central government being the government in respect of the union territories, some expenditure on this account may have to be borne by the central government4 as involvement of expenditure depends mainly on the occurrence of communal violence, it is difficult to make an estimate of the expenditure, both recurring and nonrecurring, from the consolidated fund of india memorandum regarding delegated legislationsub-clause (1) of clause 60 of the bill provides that the central government may, by notification in the official gazette, make rules for carrying out the provisions of the proposed legislation sub-clause (2) of the said clause enumerates the matters in respect of which such rules may be made under the proposed legislation these matters relate to the travelling and other allowances payable to the members of the national council as well as any other matter which are required to be, or may be, prescribed by the central government2 clause 50 of the bill seeks to empower the state governments to make, by notification, schemes for providing funds for the purpose of grant of immediate compensation to the victims or their dependents of communal violence3 sub-clause (1) of clause 61 of the bill empowers the state governments to make rules to carry out the purposes of the proposed legislation such rules may, inter alia, provide for the term of members of the state council appointed under clause 39, the procedure to be followed by the state council while performing its functions under sub-clause (2) of clause 40, the number of members of the district communal disturbance relief and rehabilitation council and such other departments which may be represented by the district level officers in the district communal disturbance relief and rehabilitation council under clause (d) of sub-clause (2) of clause 42, the terms and conditions of appointment of members of the district communal disturbance relief and rehabilitation council under clauses (e) and (f) of sub-clause (2) of clause 42, the other purposes for which the state communal disturbance relief and rehabilitation fund shall be applied under paragraph (c) of subclause (2) of clause 49 and any other matter which is required to be, or may be prescribed4 the rules made by the central government under the bill are required to be laid before parliament and the rules and schemes made by the state government are required to be laid before the state legislature5 the matters in respect of which rules or scheme may be made are matters of procedure or administrative detail and it is not practicable to provide for them in the bill itself the delegation of legislative power is, therefore, of a normal character annexureextract from the representation of the people act, 1951(41 of 1951) 8 (1) (2) a person convicted for the contravention of—disqualification on conviction from certain offences the communal violence (prevention, control and rehabilitation of victims) bill, 2005———— arrangement of clauses———— chapter i preliminary clauses1short title, extent and commencement2definitions chapter ii declaration of certain areas as communally disturbed areas3power of state government to declare an area a communally disturbed area4measures to be taken by state government on declaring a communally disturbedarea chapter iii prevention of acts leading to communal violence5power of district magistrate to take preventive measures, etc6power of competent authority to take preventive measures7power to order deposit of arms, ammunition, etc8power to search, detain and seize arms, etc, in communally disturbed areas9power of competent authority to prohibit certain acts10power to make orders regarding conduct of persons in communally disturbedarea11punishment for loitering near prohibited places12punishment for being in possession of arms, etc, without licences13punishment for assisting offenders14punishment for giving financial aid for the commission of certain offences15punishment for threatening witnesses, etc16driver, owner or any person in charge of goods transport vehicle not to carrymore persons than authorised17punishment for public servants acting in mala fide manner18punishment for violation of orders under section 144 of the code in communallydisturbed areas chapter iv enhanced punishment for communal violenceclauses19punishment for committing communal violence chapter v investigation20scheduled offences to be cognizable21declaration of places to be police stations22constitution of review committee23constitution of special investigation teams chapter vi special courts24establishment of special courts25composition and appointment of judges of special courts26place of sitting27jurisdiction of special courts28powers of special courts with respect to other offences29public prosecutors30procedure and powers of special courts31power of supreme court to transfer cases32protection of witnesses33power to transfer cases to regular courts34removal of person likely to commit scheduled offence35procedure on failure of person to remove himself from area and enter thereonafter removal36appeal37abolition of certain special courts chapter vii institutional arrangements for relief and rehabilitation38state communal disturbance relief and rehabilitation council39constitution of state council40functions of council41state plan for promotion of communal harmony and prevention of communalviolence42constitution of district council43meetings of district council44functions of district council chapter viii national council45national communal disturbance relief and rehabilitation councilclauses46terms and conditions of members of national council47powers and functions of national council48report of national council chapter ix funds for relief and rehabilitation49state fund50scheme for grant of relief51district fund52district council to function under state council chapter x compensation to victims53compensation to victims54immediate compensation chapter xi special powers of the central government to deal with communal violence in certain cases55power of central government to give directions to state government and issuenotifications, etc56power of central government to extend or modify notifications issued undersection 55 chapter xii powers, duties and immunities of the officers57 protection of action taken in good faith chapter xiii miscellaneous58prohibition against discrimination59application of other laws not barred60power of central government to make rules61power of state government to make rules62amendment of section 8 of act 43 of 1951the schedule rajya sabha———— a billto empower the state governments and the central government to take measures to providefor the prevention and control of communal violence which threatens the secular fabric, unity, integrity and internal security of the nation and rehabilitation of victims of such violence and for matters connected therewith or incidental thereto————(shri shivraj vishwanath patil, minister of home affairs)mgipmrnd—3981rs(s4)—30112005 | Parliament_bills | 394ce197-3907-52a4-b3e0-5533008410cb |
the appropriation (railways) bill, 1956,(as introduced in lok sabra) the appropriation (railways) bill, 1956 (as introduced in lolt sabiu) a billto authorise 'payment and appropriation of cet'tain sums from and out of the consolidated fund of india fot the service of the financial year 1956-57 for the purposes of railways be it enacted by parliament in the seventh year of the republic of india as follows:-1 this act may be called the appropriation (railways) act, 1956 short title 2 from and out of the consolidated fund of india there may be issue of rs s paid and applied sums not exceeding those specified in column 3 of ~~~oooo the schedule amounting in the aggregate to the sum of eight consolidate hundred and ten crores fifty-three lakhs and torty thousand rupees = f~~ towards defraying the several charges which will come in course the financial of payment during the financial year 1956-57 in respect of the services year 1956-s1' 10 relating to railways specified in column 2 of the schedule 3 the sums authorised to be paid and applied from and out of appropriathe consolidated fund of india by this act shall be appropriated for tion the services and purposes expressed in the schedule in relation to the said year the schedule1 (su sections 2 and 3) _1_3_ sums not exc:cedins services and purposes no of vote voted by 'charlede on , parliament die total , con80lida ted fund re i rai1way board re 53,19,000 a 53,19,000 10 2 1,62,61,000 miscellaneous expenditure 3,00,000 1,65,61,000 3 payment othen to worked unes and 28,73,000 28,73,000 34,54,85,000 4 working expenaes-adminiatration 34,54,85,000 i, 5 84,26,37,000 working expenses-repairs and maintenance 84,26,37,000 i i 6 workin, sta1f - expenses-operatinb 52,87>40,000 52,87>40,000 7 workina (fuel) expenses-operation 42,07,03,000 42,07,03,000 20 8 working expensee-operation other than staft' and fuel 15,99,29,000 15,99,29,000 9 10 wor~-miecellaneoui " '26>41,81,000 26>41,81,000 25 workina expenses-labour weif8re 5,88,88,000 5,88,88,000 ii i2 workiaa bxpensea-appropriatiod to depreciation reserve fund - - 45,00,00,000 45,00,00,000 30 dividend payab!e te general revenues 39,66>44,000 39mm>ooo 13 14 15 open line works labour welfare, (revenue) 1,62,33,000 1,62,33ooe -open line works (revenue) other than labour welfare , 9,31,10,000 9,31,10,000 3s construction of new lines 13,38,28 ,000 13,38,28,000 16 open line worb-additiod~ 3,3542>42,000 3,35>42>42,000 17 i' open liae works-rep1acements 54>99,51,000 s4,s)9,51,ooo 40-open line works-development pwui , , 22,24,97,000 22>24>97,000 - -sum not exceedin, no i -of service add purpo80 voted by charaedod vote parliament the total consolidated fund -ra re a 19 eafo':f ~~ on ~i~pa~ 1,35,82,000 1,35,83,000 10 20 a~priatidd to deyelopment d 22,99,37,000 22,99,37000 21 a~priadod to revenue nerve fund 22 withdrawal from revenue reserve fund gjianl) total 8,10,5040,000 3,00,000 8,10,53040,000 statement of objects and reasonsthis bill is introduced in pursuance of article 114(1) of the constitution of india to provide for the appropriation out of the consolidaf· ed fund of india of the moneys required to meet the expenditure charged on the consolidated fund and the grants made by the lok sabha in respect of the estimated expenditure of the central government on railways for the financial year 1956-57 lal bahadur new delhi; the 18th february, 1956 a bill to authorise payment and appropriation of certain sums from and out of the consolidated fund of india for the service of the financial year 1956-57 for the purposes of railways the president has, in pursuance of clauses (i) and (3) of article 117 of the constitution of india, recommended to lok sabha the introduction and consideration of the bill - m n kaul, secretary (shri la] bahadur, £winister oj railways and transport) | Parliament_bills | 765dc1e3-0730-5344-872e-29bee05feb5d |
on the 3rd may, 2010 bill no xxi of 2010 the tour operators and travel agents (regulation) bill, 2010 a billto provide for regulation of tour operators and travel agents by providing for compulsory registration of these operators and agents by competent authority; and by prescribing requisite norms and infrastructure for various tour tourist related activities and for matters connected therewith or incidental theretobe it enacted by parliament in the sixty-first year of the republic of india as follows:—1 (1) this act may be called the tour operators and travel agents (regulation) act,2010short title, extent and commencement(2) it extends to the whole of indiadefinitions2 in this act, unless the context otherwise requires,—(a) "appropriate government" means in the case of a state, the state government and in all other cases, the central government;5(b) "competent authority" means any office or officer notified by the appropriate government under section 4;(c) "prescribed" means prescribed by rules made under this act10(d) "tour operator or tour agent" means any person including any establishment who undertakes and conducts, tours to the various parts of the country and outside or provides transport, passport and visa facilities, reservation of seats for airlines, rail, bus, steamer and ship and consultancy to tourists;(e) "tourist" means any person who undertakes any journey or visits any place in or out side india and includes a pilgrim 3 (1) with effect from such date as the central government may, by notification in the official gazette appoint, no person or establishment shall work as tour operator or tourist agent without prior registration with the competent authority15compulsory registration of tour operators and travel agents(2) any person or establishment found working as tour operator or tourist agent without registration shall be guilty of an offence under this actprocedure for registration204 (1) the appropriate government shall, by notification in the official gazette, appoint a competent authority for the purposes of registration of tour operator or tourist agents within its jurisdiction(2) any person or establishment willing to work as tour operator or tourist agent shall apply to the competent authority for the purpose of registration in such form and manner as may be prescribed25(3) any person or establishment working as tour operator or tourist agent before the commencement of this act shall apply for registration to the competent authority within a period of forty-five days from the date of commencement of this act in such form and manner as may be prescribed30(4) on receipt of an application for registration as tour operator or tourist agent the competent authority shall scrutinize the application and may call for such other information or documents from the applicant as may be prescribed(5) the competent authority shall, before registering any tour operator or tourist agent, inspect the infrastructure and facilities available with the tour operator or tourist agent to have the first hand information and ensure the compliance of the norms and standards fixed by the appropriate government in this behalf35(6) the competent authority shall, after being satisfied with the various requirements under this act, grant a registration certificate to the applicant in such manner and form as may be prescribed which shall be valid for three years40(7) the competent authority shall renew the registration of any tour operator or tourist agent only after re-inspecting the infrastructure facilities with the tour operator or tourist agent and on fulfilment of requirements and norms fixed in this behalf by the appropriate government under this act(8) the competent authority may refuse to register or the renew registration of a tour operator or tourist agent if he fails to comply with the norms and standards fixed by the appropriate government in this behalf or the competent authority finds its infrastructure insufficient for the purpose of working as tour operator or agent:45provided that in case of non-registration or non-renewal of registration of a tour operator or tourist agent, the competent authority shall record reasons in writing and communicate the same to the applicant5(9) the competent authority shall take a decision on the application filed under subsection (2) within a period of thirty days(10) the appropriate government shall, by notification in the official gazette, appoint an appeallate authority, in order to provide opportunities to the person aggrieved by the orders of the competent authority5 the appropriate government shall,—10| ( | a | ) fix the maximum free to be charged by the tour operator and travel agents for ||----------------------------------|-----|-----------------------------------------------------------------------------------|| various tour related activities; | | || appropriate | | || government | | || to prescribe | | || norms for tour | | || operator and | | || travel agents | | || ( | b | ) the rate at which vehicles shall be made available to tourists; |(c) to prescribe norms and standards for various activities;15(d) lay down norms for minimum infrastructure for starting and running touroperations;(e) prescribe such other norms as may be necessary for the purposepenalty6 whoever contravenes the provisions of this act and the rules made thereunder shall be punishable with imprisonment for a term which may extend to two years and also with fine which may extend to five lakhs rupees20offences by company7 (1) where a contravention of any of the provisions of this act or any rule, directionor order made thereunder has been committed by a company, every person who, at the time the contravention was committeed, 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:25provided that nothing contained in this sub-section shall render any such personliable to punishment if he proves that the contravention was committed without his knowledge or that he exercised all due diligence to prevent such contravention30(2) notwithstanding anything contained in sub-section (1), where a contravention ofany of the provisions of this act or of any rule direction or other made thereunder has been committed by a company and it is proved that the contravention has taken place with the consent or connivance of or is attributable to any neglect on the part of any director, manager, secretary or other officer of the company such director, manager, secretary or other officer shall also be deemed to be guilty of the contravention and shall be liable to be proceeded against and punished accordingly35explanation:—for the purpose of this section:—(i) "company" means any body corporate and includes a firm or other associationof individuals; and(ii) "director", in relation to a firm, means a partner in the firm40power to remove difficulties8 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 appear to it to be necessary or expedient for remvoing the difficulty:provided that no such orders shall be made after the expiry of the period of three years from the date of commencement of this act459 the provisions of this act shall have effect notwithstanding anything inconsistenttherewith contained in any other law for the time being in force on the subject and saveoverriding effect of the actaforesaid the provisions of the act shall be in addition to and not derogation of any other law for the time being in forcepower to make rules10 the central government may by notification in the official gazette make rules for carrying out the purposes of this act statement of objects and reasonsat present, there is no legislation to regulate the tourism industry, particularly the travel agencies operating in various regions of the country this sector is unorgainsed and any person can start a travel agency anywhere by setting up a small shop just with a telephone facility there is no ban on such travel agents and as a result, in some of the cases, anti social or mischievous elements sneak into this business and flourish in the name of providing travel consultancy there have been cases when the foreign tourists have been cheated and robbed of their valuables by the unscrupulous travel agents the association of domestic tour operators has held several meetings with the department to make registration of a travel agency mandatory to curb the untoward incidents and dubious practices indulged in by some travel agents with ulterior motives it becomes all the more important to check this menace of unregulated travel agencies, in view of the upcoming commonwealth grames in new delhi by suitable legislative measureshence this billmahendra mohan memorandum regarding delegated legislationclause 10 of the bill empowers the central government to make rules for carring out the purposes of this bill the rules will relate to matters of details onlythe delegation of legislative power is of a normal character———— a billto provide for regulation of tour operators and travel agents by providing for compulsoryregistration of these operators and agents by competent authority; and by prescribingrequisite norms and infrastructure for various tour/tourist related activities and formatters connected therewith and incidental thereto————(shri mahendra mohan, mp)gmgipmrnd—2362rs(s4)—03-05-2010 | Parliament_bills | 8b7571d8-0a13-508b-be51-0a0aa27f3b53 |
bid no 37 of ins -----,- the delhi land reforms (amendment) bill, 1965 bill further to amend the delhi land reforms act, 1954be it enacted by parliament in the sixteenth year of the republic of india as follows:-1 (1) this act may be called the delhi land reforms (amend- mt~tle ment) act 1965 i· and com , menc:e-s (2) sections 23 and 24 shall be deemed to have come into force ment on the seventh day of april, 1958; and the rest of this act lhall come into force at once 1 z in clause (b) of section 6 of the delhi land reforms act,amencl-delhi act 1954 (hereinafter referred to as the principal act), for the word and ::t of 8 of 19m 10 figures "section 36", the words, figures and letter ··section 36 or lecone tion 65a" shall be substituted amendment oil lieetlon s33 section 33 of the principal act shall be re-numbered as sub· section (1) thereof and after sub-section (1) as so re-numbered, the following 'sub-section and ezptanation shall be inserted, namely:-"(2) nothing contained in sub-section (1) shall preclude s the transfer of land by a bhumidhar who holds less than eight standard acres of land, if such transfer is of the entire land held by him: i provided that such bhumidhar may transfer apart of such land to any religious or charitable ~nstitution or other persod 10 referred to in sub-section (1) expla1l4tion-for the purposes of this section, a r~gious or charitable institution shall mean an institution established for a religious purpose or a charitable purpose, as the case may be" 4 in section 36 of the principal act, in sub-section (1) ,-amendmentof lection 36 30 (4) in clause (f), the word "or" at the end shall be omitted; i 10, (b) clause (g) shall be re-iettered as clause (h), and before the clause as so re-iettered, the following clause shall be inserted, namely:-"(g) dependent for assistance in agricultural operations on a person serving in the armed forces of the union and certified by the deputy commissioner to be 80 dependent; or"; i (c) in the proviso, f~r the words, brackets and letters, 35 "clauses (a) to (g) ", the words, brackets and letters "clauses (a) to (h)" shall be substituted 5 in section 38 of the principal act, for the word and figures "section 46", the word and figures "section 42" shall be substituted amendmental aeetion 38 8 for section 40 of the principal act, the following section shall 30 substiftube substituted, nalllely: -i' tiono new hctfqdf~r teet~40 exc:han "40 (1) subject to the provisions of section 33, a bhumidhar may exchange lands held by him as such-(a) for lands held by any other bhumidhar as such, or (b) for lands for the time being vested in a gaon], sabha or local authority or in government: provided that no such exchange shall be made except with the permission of the deputy commissioner, who will refuse permission i1 the duference between the area of the land given in exchange and of the land received in exchange in terma of standard acres is more than ten per cent of the area in standard acres of the land which is smaller in area (2) where the deputy commissioner permits exchange, he 5 shall also order the relevant annual register to be corrected accordingly (3) on exchange made in accordance with sub-section (1), the parties to such exchange shall have the same rights in the land received in exchange as they had in the land given in ex-10 change" i 7 in section 42 of the principal act,-amend-(a) in sub-section (1), for the word and figures "secti~n :e~~~a 33", the words "this chapter by a bhumidhar or asami", for the words "the transferee" in the first place where they occur, is the words "the transferee and every person who may have obtained possession of such holding or part" and for the words "gaon sabha,", the words "gaon sabha or the landholder, as the case may be," shall respectively be substituted; (b) for sub-section (3), the following sub-section shall be 20 substituted, namely: -! "(3) notwlthstandilll anything contained in sub-section (1), the'revenue assistant a)so may on receiving in· formation or oft his own motion, take action to eject the transferee adn every person who may have obtained possess-25 ion as aforesaid after following such procedure as may 'be prescribed" 8 in sub-section (2) of, section 45 of the principal act, for the !:'::rwords, brackets, letter and ftgures "from the operation of clause lmiction e (b) of section 33", the words, brackets and figures "under the pro-30 viso to sub-section (1) of section 33" shall be substituted omission 9 section 46 of the principal act shall be omitted of aectlcm 48 'i! 10 in section 47 of the principal act, for the word and ftgures amend-"in a suit under section 46", the words and ftgures "under section 42" ='7 shall be substituted 35 11 after section 65 of the principal act, the following section ofd8wjec-shall be inserted, namely: -"65a (1) where on the basis of any information received by ~: bim 01" otherwise the deputy commissioner bas reason to believe where that any land ideluded in the holdine of - bhumldhar or asamj bhumldhar -~-- s t· beed 1ihd for two codlecutive qricultural yean tm mediately preeediac for a ,1upoie eoddeeted with apiculture, hortieultue or animal husbandry which includes piac:ieulture or poultry fal'ldidc, he may, udless the,'lud des within the belt referred to id seetion z3 or ualeu i8ilctiod udder that seetiod h , been obtained in resped thereof, by notiee ref(1iire-'(i) 'the bhumidhar to appear and show ealllle why the iadd may not be let oat for any such puj'pom aforesai" to any persod; (u) the asami to appear and '6ow eaase why his interest 10 may not be extid,mshed and the 1and restored to the· bhamldhar or the gaon sa'hha, as the eue may be (2) the notice under sub-section (1) shall state the grounda for believing that the land has dot been used for any purpose referred to in that sub-section and such other particulars as i, may be prescribed i (3) h the bhumidhar or the asami ppears and satisfies the deputy comniissionerfa) that "the land used fora purpose connected with agriculture, horticulture or animal husbandry 'which ~ includes pisciculture" and, poultry farming during the period memtioded in sub-sectlon (1); (b) tmtt he had suftle1ent cause for not uiin, it afonsaid; or i (c) that he shall, within one year next following the 2, date of "serviee of the notice udder sitthleetion (1), use the larid for any' sueh purpose as ,afoi'esatd unless in the mean time the land is included within any 'be'it "refetted to in section 23 or the use of the land for industrial purposes is sanctioned under that section, 30 the deputy commissioner shall, in a case falling under clause <a) or clause (tb), discharge the notice forthwith and in a case falling under clause <c), postpone further proceedings to a date one 1ear after the date of servtce of the sajd notice (4) on the date axed under sub-section (3) or any oth date to which the proceedings may be adjourned, the deputy commissioner, if he is satisfied that the land has been used for any such purpose as aforesaid during the said period of one year 5 or that the land has been included within the belt referred to in section 23 or that sanction as aforesaid has been obtained in respect thereof, discharge the notice or if he is not so latlsfled, unless for reasons to be recorded in writing he allows further time, he shall-i 10 (i) if the land is that of the bhumidhar, lease it on behalf of the bhumidhar to any person for a period of five years in such manner and on such terms and conditions as may be prescribed; [ (ii) if the land is that of the asami of the bhumidbar, r, terminate the lease and restore the land to the bhumidhar ·subject to the condition that the bhumidhar shall undertake ~ cultivate the land within six months from the date it is restored to him; and if the bhumidhar does not give such undertaking or fails, after giving such undertaking, to cultivate the land within the said period, the deputy commissioner may lease the land on behalf of the bhumidhar, to any person fortl8 period of five years in such manner and on such terms and conditions as may be prescribed; and i a, (iii) if the land is that of the a3ami of a gaon sabha, terminate the lease and restore the land to the gaon sabha: provided that the restoration of the land of the asami under this 'sub-section shall be without prejudice to any right ot the bhumidhar or gaon sabha, as the case may be, to recover )0 any rent due from the asami (5) if the bbumidhar or assami appears in response to the notice under sub-section (t) but does not undertake to use the land as provided in clause (c) of sub-section (3), or if the bhumidhar or asami does not appear in response to such notice and 35 the· deputy commissioner, after such inquiry as he may consider necessary, is satisfied that the bhumidhar or asami has failed to use the land as aforesaid during the period referred to in sub-section (1), he shall, unless for reasons to be recarded in writing he decides to aischar~e the notice, take action under 40 clause (i) or clause (ft) or, as the case may be, clause (iii) of sub-seetion (4) (6) on the exp~ of the period of any lease of land under sulhection (4) or sub-section (5), if the deputy commissioner, after making such inquiry as he thinks fit, is satisfted-(a) that the land has been properly cultivated, he may declare the lessee to be bhumidhar in respect of such land s subject to the payment by him to the original bhumidhar of compensation equal to twenty times the land revenue then payablle for such land either in one lump sum or in such instalments together with interest 86 may be prescribed and upon such declaration the interest of the original r• bhumfdhar shall be extinguished; (b) that the land has not been properly cultivated by the lessee, the deputy commissioner shall terminate the lease and may lease the land on behalf of the bhumidhar, to another person for a period of five years in such manner is and on such terms and conditions as may be prescribed and on the expiry of the period of such lease, the provisions of this sub-section shall apply: provided that nd'lease shall be terminated unless the lessee has been given a reasonable opportunity of being, heard je (7) nothing contained in this section shall apply to - bhumidhar to whom the provisions of section 65 apply" ~~~-12 in section 67 of the principal act, after clause (b), the tolsection 67 lowing clause shall be inserted, namely:-- fi (bb) when a ~laration in respect of such holding or part ~s is made under claus~ (a) of sub-section (6) of section 85a," amend-13 in section 68t of the principal act eiter clause (d), the tolment of lowing clause shall be inserted, namely:-aectlon 68 u (dd) where his lease is terminated under clause (ii) or clause (iii) of sub-section (4), or clause (ib) of 5ub-section 30 (6), of section 65a," 5 1 • in section 75 of the principal act,-amend-(4) in section (1)-ment at (i) clause (a> shall be re-iettered as clause (aa> and section 75 before the clause as so re-iettered, the following clause shall be inserted, namely:- (a> persons in the armed forces of the union and the dependents of such of those persons as are killed in action, special preference being given in the case of persons decorated for gallantry,"; 10 (ii) in the first proviso, for the word, brackets and letter "clau&e_(a)", the word, brackets and letters "clause (aa)" end for the word and figures "section 84", the words, brackets and figures "sub-section (1) of section 84" shall respectively be substituted; 10 (b) for sub-aection (2), the following sub-sections ihall be substituted, ngmely: -i (2) the deputy commissioner may, on his own motion, and shall, on the application of any person aepieved by an urder of the gaon sabha passed under sub-section (1), en· quire in the prescribed manner and if he is _tided that the gaon sabha has acted with substantial irreplarity or otherwise than in accordance with the provisions of this act, he may cancel such order (3) where the deputy commissioner cancels an order relating to admission of a person as bhumidhar or asami the right, title and interest of such person or any person claiming through him shall cease in the land to which the order relates and shall revert to the gaon sabha and any person holding or retaining possession of such land after such cancellation shall be deemed to be a trespasser in respect of such land and shall be liable to ejectment in the manner prescribed" , 15 in section 76 of th~ principal act, for the figures and word "46, amend-81, 86 and 87", the figures, letter and word "81, 85, 86, 86a and medtit of7s ~c ~ 87" shall be substituted 35 16 section 77 of the principal act shall be re-numbered as sub- amend section (1) thereof and,-ment of lection 7'1 (a) in clause (8) of sub-section (1) as so re-numbered,for ~~::::"~: the word and figures "sections 46", the word and figures "section 42" shall be substituted; (b) after sub-section (1) as so re-numbered, tae following sub-aection shall be inserted, namely:-"(2) notwithatandidc aaytbhaa coataidedid lub-seetioa (1), a bhumidhar refened to in da1lle (f) of iub-seetion (1) of section 36 may, on retirement or disehaqe from the armed forces of the union or on ~ seat on betlerve, within ad ' months of such retirement or disebaqre or of his beu milt on reserve, apply to the deputy commiuioder for ejectment of the asami of ~is land, and the deputy commissioner 1d87, after notice to the asami and subject to such eonditiojls as 10 he may think fit to impose, cause peel_slon of the land to be delivered to such bhumidhar as sooil as possible or, where there are standiq crops on such iancl, within one month of the harvestin, of such crops" amend 117 in section 80 of the principal act, for the word and figures i, ment of "section 77", the words, brackets and figures ··sub-section (1) of iectjon 80 section 77" shall be substituted 18 section 81 of the principal act shall be re-num,ben!d as subsection (1) thereof and-amend mentof section 81 (a) in sub-section (1) as so re-numbrred, for the word 20 "damage", the word "damages" shall be substituted; (b) after sub-section (1) as so re-numbered, the fdllowing sub-section shall be inserted, namely:-"(2) notwithstandin, anything contained in sub-section (1), the revenue assistant also may, on receivinc informa- 2, tion or on his own motion, eject the bhumidhar or asami, as the case may be, and also recover the damages referred to in sub-section (1), after follow in, such procedure as may be prescribed" 19 section 84 of th~ principal act shall lfe re-numbered as sub- 30 section (1) thereof, and after sub-section (1) as so re-numbered, the following sub-section shall be inserted, namely:-amendmentot section 84 (2) where any person against whom a decree for ejectment from any land has been executed in pursuance of a suit under sub-sectioll (1) re-enters or attempts to re-enter upon such land 3' otherwise than under authority of law, he shall be presumed to have done so with intent to intimidate or annoy the person in possession or the gaon sabha, as the case may be, within the "meanmg "of section 441" of the indian penul code" 10 in section 85 of the principal act,- amad-(a) in clause (iii), for the word and figures "section 84", the =~ ii words, brackets and figures "sub-section (1) of section 84" shall be substituted; (b) the following provisos shall be inserted at the end, namely:-"provided that if in the revenue records of the fasll year endin·g on the 30th june, 1954, the land referred to in clause (iii) was not included in the holding of the person taking or 10 - , revlining possession or his predecessor-in-interest, or was not recorded as being in the cultivation of such person or his predecessor-in-interest, then, notwithstanding th~ expiry of the aforesaid period of limitation for such suit or decree, the suit may be filed or the decree obtained in such suit may be 15 executed within a period of three years from the date of passing of the delhi land reform~ (amendment) act, 1965: provided further that the benefit of the extension of the period of limitation under the preceding proviso shan not be availed of in any case where a person who has become a 20 bhumidhar in respect of any land under clause (iii) bu 15 transferred such land to another person for valuable eodsideration before the loth may, 1965" 21 after section 86 of the principal act, the following hection shall be inserted, namely:-inaertlon of dew aectiod 88a "86a noiwithstanding anything contained in sections 84, 85 bjeetmedt and 86, the revenue assistant also may, on receiving information by revaor on his own nwtion, eject any person who is liable to be ejected due~from any land on a suit of the gaon sabha under any of those tant of sections, after fonowing such procedure as may be prescribed" :=ytnl 'land without title ~o 22 in section 138 of the principal act, the second proviso shall be amend omitted idedt of hct1gb 138 23 in section 150 of the principal act, after sub-section (2) the amend jo1lowing sub-sections shall be inserted, namely:-meatot iee_ -(3) u the whol'!! of a gaon sabha area ceases to be included 180 3 ~ in rural 8n)88 u deijrwi ~ the pal4i mnipal carparatton ad, _~"3 1957, by virtue of a notification under secuon 507 of that act, the gaon sabha constituted for that area shall thereupon ' stand dissolved and on such dissolution-i (a) all properties, movable and immovable, and an interests of whatsoever nature and kind therein, including s moneys held in gaon sabha area fund, vested in the gaon sabha immediately before such dissolution, shall, with all richts of whatsoever description, used, enjoyed or possessed by such gaon sabha, vest in the central government; (b) all duties, obligations and liabilities incurred, all con- 10 tracts entered illto and all matters and thinp engaced to be done by with or for the gaon sabha before such dissolution shall be deemed to have been incurred, entered into or enrared to be done with or for the central government; (c) all rates, taxes, cesses, fees, rents and other charres 15 due to the gaon sabha immediately before such dissolution shall be deemed to be due to the central government; (d) all suits, prosecutions and other legal prol"eedings instituted or which might have been instituted by or arainst the gaon sabha may be continued or instituted by or apinst 20 the union of india: (e) the provisions of this act shall apply in relation to lands in such gaon sabha area, not beinr lands vested in the central government under clause (a), subject to the modification that references therein to gaon sabha and gaon pan- 25 chayat shall be construed as references to the central government; (f) notwithstanding anything contained in clause' (b) of sub-section (2) of section 1, the provisions of sections 84, 85 86, 86a and 87 and any other provision of this act relating 30 to ejectment of persons shall apply in relation to lands vested in the central government und~r cla,,~e (n) subject to the modification that references therein to gaon sabha and gaon panchayat shall be construed as referenl"es to the central govemment 35 (4) if only a portion of a gaon sabha area ceases to be in- eluded in rural areas as aforesaid, the jurisdiction of the gaon sabha constituted for that area shall cease in respect of that portion and upon such cesses, the provisions of clauses (a) to (f) of sub-section (3) shall apply to that portion as if the gaon 40 -sabha ,had been constituted for that portion alone and 'dissolved, subject to such incidental and consequential orders' as the chief col;j}lni~8io~r may deem necessary to makf",- t' s 10 delhiaet lof 1855 (5) if the size of a gaon sabha area is reduced as ~ result ot a portion thereof ceasing to be included in rural areas as aforesaid and the chief commissioner is of the opinion that the size of the gaon sabha area is n~t sufficiently large to be under the jurisdiction of a separate gaon sabha, he may, by notification in the official gazette, declare that such gaon sabha area shau, from a date to be specified in the notification, cease to be a separate gaon sabha area and the gaon sabha constituted therefor shall stand dissolved and may direct that the said area shall be included in one' or more adjoining gaon sabha areas, and thereupon, the provisions of section 3 of the delhi panchayat raj act, 1954, shall, so far as may be, apply" 24 section 154 of the principal act shall be re-numbered as sub- amendsection (1) thereof and after sub-section (1) as so re-numbered, the ment or 15 following sub-section shall be inserted~ namely:-section 154 20 "(2) where any land which is vested in the central government under sub-section (3) or sub-section (4) of section 150, is held immediately before such vestine by an asami of a gaon sabha, then, notwithstandin, anything contained in clause (b) of sub-section (2) of section 1, and so lonl' as it is held by luch asami, the provisions of this act shall continue to apply to sucla land object to the modification that all referenc~s therein to gaon sabha and gaon panchayat shall in relation to such land be construed as references to the central govenuneat" 25 25 after section 161 of the principal act, the following sections insertion shall be inserted, namely:-of new ections isla and 181b 3 of 1908 delhi act 3 of 1955 3s "161a notwithstanding anything contained in the code of govern civil procedure, 1908, or any other law for the time being in :~z;!: 'be force,-impleaded nt certain - (a) no suit or other proceeding under sub-section (2) of suits by or section 36 of the delhi panchayat raj act, 1154, shau, after aainat the date of passin, of the delhi land reforms (amendment) gaon act, 1965, be instituted or, as the ease may be, continued in sabhu any eivil or revenue court· unless the union of india has been added as a plaintiff or defendant according as the case is by or against the gaon sabha; (b) no such suit or other proceeding shall be decided on the admission by the pradhan or any representative of thct gaon sallha with respect to the ,right or title of any p~d to the-property in dispute, whether made on his own motion or on the authority of a resolution of the gaon panchayat unless such admission has b~en authorised in writing by the d~rector of panchayats, delhi, or 'by such other officer as the chief commissioner may specify in this behalf , cartaid deere and order to beset ulde 161b (1) where in any suit or proceedinc before ady civil or revenue court filed udder sub-sectiod (2) of sectiod 36 of the delhi panchayat raj act, 1954, the ownership of ady land has becd decided in favour of any persod other than the gaod sabha before the date of passing of the delhi land reforms (amend 10 medt) act, 1965, thed, notwithstandinc any thin, contained in clause (b) of sub-sectiod (2) of sectiod 1 or id any other law for the time being in force, such decree or order shau, on an applicatiod made by the governmedt of india within twclve modths from that date or withid such further period as the court may, for is sufticiedt cause, allow, be set aside if id the revedue records of the fasll year ending od the 30th june, 1954, such land was not _-eluded in the holding of the person in whose favour the decree or order was passed or his predecessor-in-interest, or was dot record ed as being in the cultivation of such person or his predecessor-in 20 interest (2) 0 the setting aside of any decree or order in any suit or ' proceeding by or against the gaon sabha under sub-section (1), such suit or proceedidg shall be tried or heard ~resh with the union of india added as a party", 2s am-ndmmt 26 in schcdu~e i to the principal act ,-e( s"uic 1 (a) in column 6, for the woreis "fifteen addss", wherever th~, occur, the letter and figare "rs i zsp" had be ubstitutcd; (b) for the entries ·against serial no9, the following shall be substituted, namely:-i a 3 , o 7 8 s 9 fa (i) suit' for ejectment of none transferee udder 1ub--9 none ai in the coun r~enuc aiiis- deputy com-feci act, tant lilision~ acc:tion (j} 1870· ; 1 - milioner i" the cue 01 bhumidbu only (ii) procecdinp for ett'ct-do ment of transferee under do nu do-do do" ; 10 iub-section 0) (e) serial no 10 and the entries relating thereto shall be emitted; (d) after serial ~o 13 and the entries relatina thereto the following shall be inserted namely:-i -a 3 s 6 7 - 9 is , 13a 6sa (i) proc:ecdinp for kaina 00-do nd deputy com- chief comland on behalf of bbumimiuioder milliodcr dbar under clause (i) clause (i) of iub-lec:tiog ~t imder iub-iccdod 20 3 , , 6 7 8 9 | (ll) | procecdinp | for ||------------------------|------------------------|-------------|| termi- | | || none | | || none] | | || nil | | || deputy | | || com- | | || chief | | || com- | | || oatidi | | || the lease | | || udder | | || miuioner | | || miaaiodu | | || clauee | | || (u) | | || or | dauee | || (m) | | || of | | || iub-icctiod | | || t> | | || ~ | | || under | | || iub-section | ) | || (ill) | | || proceedlop | | || for | | || de- | | || do | | || do, | | || do | | || do | | || do | | || ciaring | | || the | | || lcsace | to | || be | | || bhumidbar | | || and | | || oztin- | | || guiahidi | | || the | | || intelelt | | || c4 | | || the original bbumidbar | | || under | | || clauae (a) | of | || tub- | | || aection (6) | | || (iy) | proceedings for termi- | || do | | || do | | || do | | || do | | : || do | | || t | •• | || | | || , | | || ilition | of | lease || freah | | || lease | of | || iadd | | || under | | || clauie | | || (b) | of | ub-section || (6) | | |() for serial no is atf the entries relating thereto, thclo11owing shall be substituted, namely: i 3 3 of s 6 7 8 9 "i, 75 (i) application for cancel-six month from the dale re i2sp deputy com- chief com lation of order of gaod of order of miaioner miaiodci' sabba reiatini to admitlion of a penon to land gaod sabha do wbcnthe nil 1>0·1 do, " deputy , commiaiodal fint mew of -the irrquik allotment (i) ~t serial no 16, for the entries in columns 6,7 and 8, the entries "ra 12sp", "revenue assistant" and -deputy colrmissioncr", and for the figures, brackets end letters "n(a)", "7'](b)", "77(c)" and "7?(d)", wherever they «cur, the figures, bracket and letters "77(j)(a)", "77(j)(b)", "77(j)(c)" and "77(jxd)" shalj respectively be substituted & (f) after serial nj 16 and the entries relating thereto, the following shall be inserted, namely :-i ~ 3 4 s 6 7 ii "1m 77(2) application by member of six months from the date ri 12ip deputy armed for ees of the union of retirement commissioner for ejectment f asami or dijcbarge or of being sent on reserve (h) for serial no 17 and the entries relating thereto, the following shall be substnuted, namely :-5 10 j 3 4 s 6 7 8 81 (i) s'ht for ejectment of three years bh\1j!lidbar or asami and for aamages under subsection (i) (ii) proceedings under subtection (%) three yean or one year from the date oc passing of the delhi land reforms (amendment) ai::t, i96s, whichever period expires later i "17 | from | the | date ||------------------|----------|-----------|| of | unlawful | fees act, || ' use | | || of | the | 1870 || land | | || do | | || nil | | || revenue | | || allistadt | | || deputy | | || comnailsiooer • | | || do | | || do | | || ~s | | |:2c) -2s fa1 against serial no 18, for the entry in column 6, the entry "as in the coun fees act, 1870" shall be substituted; u) after serial no 19 and the entries relating thereto, the following shall be inset:ted, namely:-i fic,9a 2 3 , 6 7· - 's suit for efcc:tment of - three yean from the date do do do period refelled to in of pauma of tile fint promo the delhi laud reformj (/uncndmcat) n:t 1965 ca) after serial no 20 and the entries relating thereto, the following shall be inserted, namely :-~ ~ 3 " , 6 7 8 9 ~a 85a proceediq for ejectment same as that same as that nil rcftdue deputy of penona occupying land provided for provided for alliltanto commigfoner without tide - suit under - luit under licction 84, section 84, 8, or 86, 8t or 86, the case may t ec:uemay be be (i) against serial no 21, for the entry in column 6, the entry "as in the court fees act, 1870" ahall be 10 wbstltuted 27 notwithstanding any -judgment, decree or older of any court, validation anything done or any action taken by the deputy commissioner, of actlon oelhi, before the date of passing of this act in pursuance of any taken by --notification under section 161 of the principal act in the discharge of dec putji omma j any duties or the exercise of any powers or the performance of toner on any functions of the gaon sabha or gaon panchayat under the prin- behalf of cipal act in relation to any land vested in the central government gaon under sub-section (3) or sub-section (4) of section 150 of the principal sabhu act as amended by this act shall be deemed to have been validly 10 and lawfully done or taken on behalf of the central government and accordingly if before the said date-(a) any suit or proceedin, is pendine in aay eoul't to which the deputy commissioner and the gaod sabha are a party, the union of india shall be deemed to be lubstituted therefor in that suit or proceeding; and _ (b) where any suit or proceedin, has been dismissed on the ground that the deputy commissioner and the gaon sabha had no locus standi to file such luit or proceedine, it shall be restored and continued with the union of india as havinl been substituted u a party i,statement of objects and reasons the delhi land reforms act, 1954, came into force on the 20th july 1954 in the course of implementation of this act, certain deficiencies in the law have come to notice the common lands in the rural areas were vested in the gaon sabhas under section 154 of that act the gaon sabhas are responsible for managing and controlling such lands and in particular to take steps for removal of encroachments over those lands under sections 42, 46 and 81 of the act, they are also charged with the responsibility of securing the ejectment of persons who acquire lands by transfers in contravention of chapter m of the act or who divert agricultural lands far non-agriculturai purposes a number of gaoltsabhas have however, failed to effectively discharge these functions a large number of en-croachments on gaon sabha lan~ and transfers in contravention of the law have come to notice it has, therefore, become necessary to invest the revenue authorities also with necessary powers to supplement the eftorts of the gaon sabhas in removing encroachments on gaon sabha lands and ejecting persons who violate the law in a number of cases the gaon sabhas have suftered losses on account of admission by the pradbans or other ofbce-beuers of panehayats of incorrect claims made by unauthorised occupants of gaon sabha lands in suits brought under section 36 of the delhi panchayat raj act, 1954 it is necessary to devise 11dequate measures to retrieve such properties and to prevent such losses in future~ after the commencement of the de!hi municipal corporation act, 1957, a number of villages which were under the jurisdiction of gaon sabhas have been urbanised and the delhi panchayat raj act, 1954, has ceased to apply in these areas however, the gaon sabhas being corporate bodies continue to exist in these areas even though they have no panchayat functions 'nlere is no provision in the existing law to wind up these bodies in the urbanised areas but as an interim measure, the management of their properties in those areas has been entrusted to the deputy commissioner it is necessary to make provisions for winding up the gaon sabhas in urbanised areas and for the disposal of their assets and liabilities the bill seeks to give effect to the objects mentioned above and also makes provision for certain other matters the provisions at the bill are explained in detail in the notes on clauses new delhi; g l nanna the 30th april, 1965 president's recommendation under article 117 of the constitution of india[copy of letter no f 3fll/64-utl, dated the 4th may, 1965 from shri jai sukh la! hathi, minister of state in the mlniatry of home mairs to the secretary, lok sabha] the president having been informed of the bubject matter of the bill further to amend the delhi land reforms act, 1954 (delh1 act 8 of 1954), recommends, under clauses (1) and (3) of article 117 of the constitution, the introduction and consideration of the laid bill in the lok sabha during its current session clause i-the need for giving retrospective effect to clauses 23 and 24 of the bill has been explained against those clauses clause 2-this makes a change consequent on the introduction of fa new section by clause 11 clause 3-under section 33 of the principal act, transfer of land by a bhumidhar by sale, gift or otherwise is prohibited except in certain circumstances, if the resalt of such transfer is to leave him with less than eight standard acres~ this clause makes it dear that if the land already held is less than eight standard acres the restriction shall operate only in regard to transfer of portions of such land but not the entire land clause 4-under section 36 of the principal act, a bhumidhar who is serving in the armed forces of the union can lease the land to a tenant when persons who have been assisting their old parents or relatives in agricultural operations join the armed forces, such parents and relatives are put to diftlculties because they cannot lease the land under the existing law if the land held by them is eight 8talfdard acres or more in some cases this acts as a dis-incentive to able-bodied persons joining the armed forces this clause seeks to remove this difficulty by enabling persons depending for assistance in agricultural operations on those joining the armed forces to lease the land to tenants clause 5-this dause makes an amendment which is consequential to clauses 7 and 9 clause s-difficulties are often experienced in constructing roads, irrigation channels and other works of public utility in the rural areas on account of the reluctance of the bhumidhars to part with the land required for the purpose and because the acquisition proceedats are time-consuming however they may be inclined to part with the land required for such purposes if they are providect with some other land in exchange section 40 of the principal act stands in any way of such exchange in the case of lands belonging to gaon sabhas and other authorities this clause seeks to remove this difticulty clauses 7, 9 and 10-under sections 42 and 46 of the principal act, if a bhumidhar or an asami transfers the land in contravention of section 33 or any other nrovision of chapter m of the act, the gaon sabba may file a iult for ejectment of the transferee on such ejectment, the gaon sabha is entitled to tak~ possession of the land under section 72 of the principal act section 42 has been ampufted to cover the provisions of section 46 which has, therefore, been omitted by clause 9 clause 10 makes a consequential change to s~ plement the efforts of the gaon sabhas to secure ejectment of persons who violate the provisions of the law relating to transfers, clause 7 seeks to confer powers on the revenue ac:sistant also to take action to eject such persons an appeal from the orders 01 the revenue assistant win lie to the deputy commissioner and in the case of bhumidhars a second appeal will lie to the chief commissioner clause 26(b) of the bill makes provision in this behalf clause 8-this makes a change consequentud to clau!ije 3clauses 11, 12 and 13-in view of the need for increased food produetion it is necessary to ensure that no cultivable land is left uncultivated new section 65a proposed in clause 11 provides that the deputy commissioner may if the land is left uncultivated for two years or more and sufficient cause is not shown for keepin~ the land uncultivated, lease such land to any person for a period of ftve years on the expiry of that ~od, bhumidhari right mav if the land is properly cultivated, be conferred on the lessee if the land is left uncultivated by an asami, his rights would be extinguished and the bhumidhar would be required to bring the land under cultivation within six months if he fails to do so, it would be open to the deputy commissioner to lease out the land on behalf of the bhumidhar an appeal will lie to the chief commissioner from the decision of the deputy commissioner provision to this effect has been made fn clause 26(d) of the but clauses 12 and 13 make consequential amendments in section 67 and 68 of the principal act clatue 14-to facilitate re-settlement of ex-servicemen, this clause confers on members of the armed forces and dependents of such members killed in action, the highest priority in tlle matter of adotment of vacant or other lands available with the gaon sabhas and provides for special preference being given in the case of persons decorated for gallantry the power to au()t gaon sabha land rests with the gaan babbs themselves in order to ensure that this power is not misused ft has been provided in this clause that the deputy commissiod«!r may, if he is satisfietl that the gaon sabha has acted with substantial f1"regularfty or otherwise than in accordance with the act, cancel the order nf allotment if any person retains possession of the -land even after such cancellation, he shall be liable to be ejected an appeal from the order of the deputy commissioner will lie to the chief commissioner provision in this behalf has been made ill clause 26 (e) of the bill - -clause 15-this clause makes certain changes which are con-eque~tial to clauses 7, 9, 20 and 21 of the bill clause 16-under section 36, a bhumidhar who is a member of the armed forces can lease his land but can recover possession thereof on retum to civil life, only by a suit under section 77 (c) (u) in order to enable such persons to take to their normal vocation as expeditiously as possible, clause 16 provides that such a person if he needs the land immediately may, instead of filing a suit apply to the deputy commissioner for ejectment of the tenant and that the deputy commissioner may eject the tenant after giving notice if there is any crop standing on the land at that time, the ejectment will be effected within one month of harvesting that crop clause 17-this clause makes a consequential amendment clause 18-under section 81, the gaon &bha has to ftle a illit for ejecting of a person who diverts unauthorised by agricultural land for non-agricultural purposes the amendment proposed ~imu1taneously empowers the revenue assistant to eject such persons so as to supplement the effort of the gaon sabhas in such cases, an appeal will lie to the deputy commissioner as provided in clause 26 (h) of the bill clau!e 19-under section 84, a person who is illegally occupying the land of the gaon sabha, can be ejected on a suit of the gaon sabha and the same process has to be repeated if he re-enters the land after ejectment to effectively prevent repeated encroachments by the same persons, it is necessary to provide that if a person who is once ejected by a suit re-enters the land he would be liable to punishment accordingly, this clause pro-_ vides that the person re-entering or attempting to re-enter the land from which he was once ejected sroll be presumed to have done so with intent to intimidate or annoy the person in possession or the gaon sabha within the meaning of section 441 'of the indian penal code· cla:u8e 20-under section 84 of the act read with s no 19 of the first schedule to the principal act, a suit for ejectment can be filed under that section within three years from the 1st july following the date of illegal occupation of gaon sabha lands in most of the cases of encroachment which have co~e to notice, this period is over and due to the inaction of the gaon sabhas the land is still in the possession of the illegal occupants this clause, therefore, provides for ejectment suits being filed by the gaon sabhas in such cases within three years from the date of passing of this bill however, where the persons had acquired transferable rights in such lands by virtue of the existing provisions of section 85 and transferred the land for valuable consideration before the date of introduction of this bill, this remedy cannot be availed of this position has been made clear in this clause clause 21-new section 86a proposed this clause gives concurrent powers to the revenue assistant to make an order for ejectment of the trespassers where the gaon sabha can'file a suit for ejectment under section 84 or 85 or 86 as provided in clause 26 (k) of the bill, appeals from the orders of the revenue assistant will lie to the deputy commissioner , clause 22-under section 138 of the act, a person can be arrested or detained ii he has defaulted in the payment of any arrear of land revenue there are several other kinds of government dues arrears of which are recoverable as arrears of land revenue but the second proviso to this clause imposes a ban on detention for the recovery of such other arrears this is creatin, diftlculty in recovering other government dues this clause, therefore, seeks to omit , the second proviso clause 23-this clause contains the necessary pro\'isions foi winding up the geon sabhas in areas which have been or may hereafter be urbanised in certain cases, where the area left with a gaon sabha, after urbanisation of the rest of its area is too small, it would be necessary to merge the gaon sabha with the adjoining gaon sabha provision has therefore been made in this clause to· provide for these contingencies also as urbanisation had taken place under the delhi municipal corporation act,' 1957, clause 1 (2) of the bill seeks to gi't'e retrospective e1fect-tb this clause from the date of commencement of the relevant provisions of that act clause 24-under clause 23, all the gaon sabha lands in urban areas will vest in the government and under section 1 (2) (b) of the delhi land reforms act, 1954, these lands will go out of the purview of that act however, some of the lands may still be with asamfs of the gaon sabhas in order to protect their interests, this clause seeks to amend section 154 to provide that so long as any such land is held by an asami, the delhi land reforms act, 1954 will continue to apply to such land notwithstanding the fact that it has become government land this clause is also proposed to be given retrospective eff~_c~ for the _r~'¥j~ns_ mentioned gaimt clause 23 clau8e 25-in order to deal with the problem created by the admission of incorrect claims made by unauthorised occupants of gaoa sabba 18nds in suits brought under section 36 of the delhi panehayat raj act, 1954, new section 161b proposed in this clause empowers government to apply' to the court for setting aside the decree or order within twelve months of the date of passing of this bill this power will he available only in those cases where there is prifll4 facie evidence that the land concerned was not included in the holding of such occupant in the 'revenue records for the year ending on the 30th june 1954 when the decree or order is set aside, the suit or proceeding is to be tried afresh after adding government as a party new section 161a proposed in this clause provides two stbfeguards for the future, namely, that in suits under section 36 of the delhi panchayat raj act, 1954, government shall be a party and the admission made by pradhan or any respresentative of the gaod sabha shall not be taken into account unless it is authorised by the director of panchayats or any officer authorised in this behalf clause 26-certain provisions of this clause have already been explained in the notes on earlier clauses other amendments sought to be made by this clause are of a consequbtial nature except that the opportunity has been availed of to fix the court fee in certain cases at rs 1: 25 which is the minimum rate now prevailing in the territory, as against the rate of fifteen annas prescribed in the first schedule to the act clause 27-& statedin thestatement of objects and reuodb, fn th~ urbanised areas the deputy commissioner bas been entrusted with the task of managing the gaon sabha properties in pursuance of this power, he has taken such action as the gaon sabha could have taken and has also filed ejectment suits as these properties will vest iil qovernment retrospectively, his actions are sought to be validated as having been taken on 'bihalf of the government there have been a few instances where suits filed by the deputy commissioner for possession of gaon _ sabha lands were dismissed on the grouiid tl18t he had no locus standi this clause seeks to have such suits restored and continued clauses 7, 18 and 21 of the bill collfer powers on the revenue aasistant to take action to eject (a) persons who have taken possession of lands throuah transfer in contravention of the provisions of chapter iii of the principal act; , (b) persons who use agricult"ral lands for non-a,ncultural purpoaesj and (c) persons who have encroached upon gaon sabha lands 2 under new section 16~b proposed in clause 25 of the bill, the government will be empowered to apply for the setting aside of certain decrees and orders in suits and proceedings relating to ownership of lands where the gaon sabhas were a party to such suits and prcx:eedings and the matter was decided against thole bodies also under new section 161a proposed in the same clause and under clause 27 of the bill, the government of india would be made a party to suits and proceedings mentioned in those clauses 3 under clause 23 of the bill the gaan sabha lands and other assets of the gaon sabha in the urbanised areas will vest in the government the liabilities of these bodies will also devolve on the government in addition, the government will have to institute suits, prosecutions and other legal proceedings or continue those instituted or which might have been instituted by gaon sabhas in these areas it is estimated that the lands held by the gaon sabhas in the urbanised areas are about 2,500 acres valued at about rs 185 iakhs the other assets of these bodies would be about rs 58,000 ·rheir liabilities are very negligible 4 the bill also seeks to confer additional duties on the deputy commissioner-(a) under clause 11 in regard to lands left uncultivated: (b) under clause 14 in regard to irregular allotment of lands made by the gaon sabhas; and (c) under clause 16 in the matter of ejecting asamis of ex-service personnel s the extra work involved in effecting ejectments in pursuance of the powers sought to be conferred on the revenue assistant and deputy commissioner and in managing the gaon sabha propertjes which would vest in the central government and in conducting the litigation would be carried on with th'e help of the existing staff of the revenue department of the delhi administration to the extent possible however, some additional staff may be necessary at the initial stages to deal with the large backlog of cases of transfers in contravention of the provisions of chapter iii of the principal act, encroachments upon gaon sabha lands and the large volume of' litigation which may have to be attended to so far, about 2,843 c, of iuegal transfers and 5,271 cases of encroachmeats' on gaon sabha lands have come to notice about 3,300 cases may have to be contested under clauses 23, 25 and 27 of the bill it is estimated that an expenditure of rs: 71,000 may have to be incurred on additional estabushment the cost of litigation may be about rs 3'5 lakhs there win be some recurring expenditure on ,litigation in cases which may arise in future it is not possible to estimate precisely the extent of such expenditure the revenue which the gaon sabhr~ used to reause from the lands in urbanised areas will accrue to government by- virtue 'of clause 24 this is estimated to be ri 2,500 per annum 6 provisiod8 of olause 26 in so far as they raise the te of court fees from 15 annas to rs l' 25 in certain cases will yield so!,"e extra revenue it iii, however, not possible to precisely estimate the amount of this incre memorandum regarding delegated legislationnew 'sub-section (3) of section 42, inserted by clause 7 of the bill, provides that the procedure to be followed by the revenue assistant for ejeetment of the transferee and every person who may have tjbtained possession under sub-section (1) of that section shall be bl accotdadce with rules made under the act similarly pro~n us been made in clauses 14, 18 and 21 that'the procedure for ejectm, under sections 75, 81 and 86a shall be in accordance with rwes made under the act ' clause 11 ibaerb new section gsa which provides that the particulars in the nptice to be issued under luihection (1) ot that section, the terms and conditions' in··the lease'· to be 'effected by the deputy commissioner 'and the manner of payment' of compensation to the original bhumidhar shall be as per rules made under the act new sub-section (2) of section 75 proposed in cla~e 14 provides that the manner of enquiry by the' deputy comdus-sioner shall be regulated by rules made under the act the matters in respect of which rules are to be made thus relate to procedure and the delegation of legislative power i8 therefore of a normal character - - - - - - allu" '' every person belonging to any of the followinl classes ahall be ad asami add shall have all the rights mel be subject to all ~ uabuities conferred or imposed upon an asami by or under tbla act, namely- , - - - - - - - (b) every person who, in accordance with the provis1cma of section 38, becomes a lessee of land comprised in the tenure of a bhumidhar referred to in that section; - - - - - - 36 (1) a bhumiclhar who is-- - - - - leuebya disable\ person (1) in the armed forces of the indian union; or (g) under detention or imprisonment; _ may let the whole or any part of his holding: , provided that in the case of a holding held joinuy by more persons than one where but one or more of them, but dot all, are subject to the disabilities mentioned in clauses (a) to (g), the person or persons may let out his or their share in the boldine - - - - - - fauure to teiiiter theleue under section 3'1 38 a lease which fails merely to comply with the provisions of section 37 shall not, for purposes of section 48, be deemed to be a transfer made in contravention of the provisions of this act - - - - - - exebante - 40 (1) subject to the provisions of section 33, a bhumidhar may exchange with any other bhumidhar lands held by them as such in the same revenue village (2) on exchange made in accordance with sub-section (1), they shall have the same rights in the land so recpived in e][chanp as they had in the land given in exchange - - - - - - -42 (1) where 8 tranafer of any holding or part thereof baa traftlfer deed made in contravention of the provisions of section 33, the in contratransferee shau, notwithstanding anything in any law, be liable ven~on ot to ejectment trom such holding or part on -the suit of the gaon section 33 sabha, 'which shall thereupon become vacant land; but nothina in this section mall prejudice the right of the trauferor to realize the whole or portion of the price remaining unpaid, or the right of a~y other persod other than the transferee to proceed apinat such holding or l~d in enforcement 01 any claim thereto - - - - - - (3) where the gaon sabha fails to file a suit under lub-sec:tion (1), the revenue assistant may on receiving information or on his " 'or own motion take action to eject th~ transferee - - - - - 45 (1) - - , tranafer made in (2) nothing in sub-section (1) shall apply to any transfer which contrahas been exempted by the chief commissioner from the operation vention of of clause (b) of section 33 thia " , chapter "to be void ~ where a bhumidhar or asami has made any transfer in con- coille- ~ ~ travention of the provisions of this chapter, the transferee and every quenc person who' may have thus obtained possession of the whole or part of void of th eholding shall be liable to ejectment on the suit of the gilod transfen sabha or the landholder, as the case may be 47 upon ejectment in a suit under section 46, all the rights a~d' ~0dieinterests of the bhuinidhar or asami in the holding or in any quences of improvements made therein or to get compensation for such improve- ejectment under secments shall be extinguished tion 48 • - - - - - 75 (1) - - - - order of prefer4!ric:e provided that the land allotted to a co-operative fann under in admit_ clause (a) shall, if the registration of such fann ia cancelled within tiq two years of the allotment, revert upon such cancellation to the persodi gaon sabha, and any person holding or retaining polssion of luch t~nd land shall be deemed to be a person occupying it withou:t title liable !euons to ejectment under clause (b) of section 84: 73 and n - - - - - - (2) any person ag&rieved by an order of the gaon sabha passed under lub-iection (1) may ftle an objection before the revenue auistant, who ihall hear and decide the· lime in' tuc:b manner as ,may be prescribed "h ejectment (bhumidhar a'r&d' aami)71 subject to the provisions of sections 33, 42, 46, 81, 86 and 87, do bhumidhar shall be· liable to ejectment ' ' bhwnidhar not liable to ejectment ejectment ofaami , 77: an asami shan be liable to ejectment from his holclina oil the suit of the land-holder or gaon sabha, as the cue may be, on the following grounds only-colllequenceof ejectment under sec-(a) those mentioned in sedions 46, 69, '14 or 81, - - - - - - 80 where an asami has beenejeeted from his lrolding od the ground mentioned in clause (c) (i) of section 77, the land~holder shan not grant a lease thereof to any person within 2 years of the date of ejectment tion''r7~ f' ejectment ,8l a bhumidhar or an asami shall be liable to ejectment on the for:e of, suit of the gaon sabha or the land-holder, as the case may be, for ~:tr!en using land for any purpose other than a purpose connected with tion of the agriculture, horticulture or animal husbandry, which includes pileiprovisidnl culture ajld p()t,utry farming, and also to pay damage equivalent to of thi~ the cost ,of works which may 'be required to renderwthe land capable act of ~ for the ~ purposes , , - - - failure to file suit 85 h a suit is not brought under section 84 or a decree obtained in any such suit is ,not executed within the periqd of limitation provided for the ~g of the suitor the execution of the decree,' the ~n taking or retai,ning po~ession shall-- - ' - ~dder section 84 otto execute decree obtained thereunder ' (iii) in any case to which the provisions of clause (b) of' section 84 apply, become a bhumidhar or asami as if he had been admitted to the possession of the land 5, the gaon sabha - - - arreitand detention, 138· - - - provided further that no person shan be liable to arreat or, detention for an arrear ~ther than an arrear in respect of a boldin, of which he is the bhumidhar - - - - - - section 185| decription | of | suit· period | of ||----------------|------------|-----------------|---------------|| court | | | || of | court | | || of | | | || sl | scction | of | || the | | | || act | | | || application | and | other | || limitation | | | || begins | | coun | pees oriainal || no | proceedinp | | || jurisdic- | | | || 1st | | | || znd | | | || tion | appeu | | || ap~ | | | || 3 | | | || | | | || - | | | || suit | | | || for ejectment | | | || i | | | || none | | | || of | bhumidhar | | || ; | | | || i | | | || z | | | || - | | | || 9 | | | || ~ | | | || 5 | | | || - | | | || none | | | || 6 | | | || 7 | | | || - | | | || as | | | || in | the | | || revenue | | | || court | pees | alsis- | || act, | 1870 | | || tanto | | | || 8 | | | || 9 | | | || - | | | || ~ | | | || chief | | | || commissioner - | | | |lionet 10 -t6 suit for ejectment do of - bhumidhar 01' asami - ob~d ~t sm tbe order of gaon months sabba reiatida to admission do do do do chief commissioner ill case of bhumidhar only - is 75 - - prom the date of order of gtion sabhl - do fifteen aniiia do do 16 71(a) read with scctioa6t suit for' ejectment of awni one year prom the date of extidction of the hts of bhwnidhar na or aumi do do <) do ] do & from the commence-iiicdt of tbia act whcle &be c8\uc of acdad arose udder scctiocl n(b) before rnb) read with ieetioo 6(axi) and (10 do do do the date of commencement of this act add in an otbu cases from the date on which the quae of action arose 71(b) re8d with section6(ixlii) 00 none none do do do 77(1)(i) ra4 wilh tection 6(b) aad (d) do do do do do do 77(c) (il) ra4 with teetion 6(b) and (d) dil two yean from the date of deter-do do do mination of disability the date of final dectee in the casco 77(d) suit for eie;:tnaent of an asami oq the ground of an unsapsfied decrtt of arrea" of rent three years as in the court fees act, 1870 do do itcycnuc deputy auis-comtant missioner 17 8t suit for ejectment of a bhumidhar or asami and fm damqei for usidi iaod in codtrav'elldon of the provilions of the m suit for injunction m for the repair of the waste m dama&e qiiied to the holdida - three yean from the date of unlawful usc of the land a, in the court fees act, 1870 ii h 00 from the dati the damaae is done or the waste bqinl do do do :£ - 21 i';' - - from the date of do - - do do chief commissioner suit for ejectment do of person from lands of public utility - coostitution 0( ci80n panc:bayal under icc-lion lsi - a bill further to amend the delhi land rcfonns act, 1954 (shri gulari1al n anda, minister 0/ home affairs) | Parliament_bills | 9b5a84ce-3aac-5af4-8a2e-d90b7438af43 |
bill no xlv of 2017 the indian penal code (amendment) bill, 2017 a billfurther to amend the indian penal code, 1860be it enacted by the parliament in the sixty-eighth year of the republic of india as follows:—1 (1) this act may be called the indian penal code (amendment) act, 2017short title and commencement5(2) it shall come into force on such date as the central government may, by notification in the official gazette, appointamendment of section 14145 of 18602 after section 141 of the indian penal code, 1860, the following proviso shall be inserted, namely:—"provided that nothing in this section shall apply to peaceful protest on public roads or streets" statement of objects and reasonssection 141 of the indian penal code, 1860 declares an assembly of five or more persons as unlawful for various purposes including holding public meetings by the road side the division bench of kerala high court has banned holding public meetings beside public roads and directed the police, public works department and local self-government not to grant permissions to hold such meetings and asked the police to take legal action against violationthe constitution also allows the state to impose reasonable restrictions on the fundamental rights but it also explains the concrete conditions in which such restrictions can be imposed the constitution states that such restrictions can be imposed only in the interest of the sovereignty and integrity of india, the security of the state, friendly relations with foreign countries, public order, decency or morality or in relation to contempt of court or defamation or incitement of an offencethe bill proposes to protect the fundamental rights of the citizens from any infringement due to state interventionhence this billkk ragesh annexure extract from the indian penal code, 1860 (45 of 1860) unlawful assembly141 an assembly of five or more persons is designated an "unlawful assembly", if the common object of the persons composing that assembly is—first—to overawe by criminal force, or show of criminal force, the central or any state government or parliament or the legislature of any state, or any public servant in the exercise of the lawful power of such public servant; or second—to resist the execution of any law, or of any legal process; or third—to commit any mischief or criminal trespass, or other offence; or fourth—by means of criminal force, or show of criminal force, to any person, to take or obtain possession of any property, or to deprive any person of the enjoyment of a right of way, or of the use of water or other incorporeal right of which he is in possession or enjoyment, or to enforce any right or supposed right; or fifth—by means of criminal force, or show of criminal force, to compel any person to do what he is not legally bound to do, or to omit to do what lie is legally entitled to do explanation—an assembly which was not unlawful when it assembled, may subsequently become an unlawful assembly rajya sabha———— a billfurther to amend the indian penal code, 1860————(shri kk ragesh, mp)gmgipmrnd—3420rs(s3)—02-01-2018 | Parliament_bills | 7420e1a9-5ad2-5e22-938a-03ca4a5800a5 |
the banking, public finanglil histitutlons negotiable in^mul'lents l^i« (amet^dment) bill, 1988 / to be/as introduced in lok satha_ 7i page 3 > lin e 32,-for "1^2 (1)' read "1^2»"2, page lin e 10,-for "the banks" read "banks"3 page h, lin e 2 5 ,-for "the period" read '^period"page hj a fte r lin e 2 5 , -in s e r t '(c) for the words "iiie year", the -words "the year or the period, as the case may be, " s h a ll be substituted; '5 page h, lin e 29 and 30,-for "accunting" read "accounting"6, page lin e 3^ jbefore "year" in s e r t "concerned"7 page 5 , li n e 13 ,-for "word" read "words"8, page 8, lin e 26,-for "p ro v isio " read "proviso"9 page 9 , lin e 2 2 , -for "years" read "year"10, t'age -10, lin e s 13 ^nd 1+,-for "necesscary" read "necessary"i i page 12, lin e 11, - before "one hundred" in e r t "ri^ees"12 page 12, lin e 12 ,-before "five hundrei" in s e r t "ruft>ess"1 3 page ^1 2 , li n e 2 5 ,-before "ejach" i n s e r t ''o f"1^r page '13, lin e 16-,-afi^er "upon" - i n sert 'h is "1 5 p a g e '13, l i n e ^3 , -fo r ''others''' rem 'bttier"16 ^^age l 5 j lin e ; 3 1 ,-for "accotfein?" read "a c c o m tin g ", r 7 ^age 78, l i n p | 3 i , -fot "cla iise " read "claioses"18 page 19 j liite: 2 bo ttom^-offlit ''may or''19 page 27j lin e 12 , -for "date" read "period o f accounting"liewdejill;■sep tecivver ^ , i9s8_________sh a d r a \ , < 2 9 1 ^ ( sa k a )bsn no 105 of 1988 the banking, pubuc financial institutions and negotiable instruments laws (amendment) bill 1988 billfurther to amend the negotiable instruments act, 1881, the reserve bank of india act, 1934, the banking regulation act, 1949, the state bank of india act, 1955, the state bank of india (subsidiary banks) act,1959, the deposit insurance and credit guarantee corporation act,1961, the industrial development bank of india act, 1964, the banking companies (acquisition and transfer of undertakings) act,1970, the regional rural banks act^ 1976, the banking companies (acquisition and transfer of undertakings) act, 1980, flfie export- import bank of india act, 1981, the national bank for agriculture and rural development act, 1981 and the industrial reconstruction bank of india act, 1984b e it enacted by parliament in the thirty-ninth year of the republic of india as follows: — chapter i p r elim in a r ytitle and((2) it shall come into force on such date as the central government commay, by notification in the official gazette, appoint, and different dates mencemay be appointed for different provisions of this actment chapter ii a mendments to the n egotiable instruments a ct, 1881a m endm ent of section802 in section 80 of the negotiable instruments act, 1881 (hereafter in this chapter referred to as the negotiable instruments act), for the words "six per centum'', the words "eighteen per centum" shall be 5 substituted3 in section 117 of the negotiable instruments act^ in clause (c), for the words "six per centum", the words "eighteen per centum'' shall be substituteda m endm ent of sectton 1174 in the negotiable instruments act, after chapter xvi, the follow- 10 ing chapter shall be inserted, namely: —insertion of new c hapter xvil 'chapter xvii o f p en a lties in case o f dishonour o f certain cheques fo r insufftciency of funds in the accountsd ishonour of cheque for insufficiency, etc of funds in the account138 where any cheque drawn by a person on an account main- 15 tained by him with a banker for payment of any amount of money to another person from out of that account for the discharge, in whole or in part, of any debt or other liability, is returned by the bank unpaid, either because of the amount of money standing to the credit of that account is insufficient to honour the cheque or that it 2 0 exceeds the amount arranged to be paid from that account by an agreement made with that bank, such person shall be deemed to have committed an offence and shall, without prejudice to any other provision of this act, be punished with imprisonment for a term which may extend to one year, or with fine which may extend to twice the 25 amount of the cheque, or with both:provided that nothing contained unless—in this section shall apply(a) the cheque has been presented to the bank within a period of six months from the date on which it is drawn or within the period of its validity, whichever is earlier; 30(b) the payee or the holder in due course of the cheque, as the case may be, makes a demand for the payment of the said amount of money by giving a notice^ in writing, to the drawer of the cheque, within fifteen days of the receipt of information by him from the bank regarding the return of the cheque as 3 5 unpaid; and(c) the drawer of such cheque fails to make fhe payment of the said amount of money to the payee or, as the case may be, to the holder in due course of the cheque, within fifteen days of the receipt of the said notice 40explanation—^for the purposes of this section, "debt or other uability" means a legally enforceable debt pr other liability, tf on in favour of holder13d it shall be presumed, unless the contrary is proved, that the holder of a cheque received the cheque of the nature referred to in section 138 for the discharge, in whole or in part, of any debt or other liability140 it shall not be a defence in a prosecution for an offence under section 138 that the drawer had no reason to believe when he issued the cheque that the cheque may be dishonoured on presentment for the reasons stated in that sectiondefence which may not be allowed in any prosecution un der section 13810offences by companjieg141 (1) if the person committing an offence under section 138 is a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the -company fo,r 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:15provided that nothing contained in this sub-section shall render any person liable to 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 offence2025(2) notwithstanding 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 connivance of, or is attributable to, any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordinglyexplanation—^for the purposes of this section,—(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 the30firm 142 (1) notwithstanding criminal procedure, 1973,— anything contained in the code ofcognizance of offences(a) no court shall take cognizance of any offence punishable3 5 under section 138 except upon a complaint, in writing, made bythe payee or, as the case may be, the holder in due course of thecheque; (b) such complaint is made within one month of the date on which the cause of action arises under clause (c) of the proviso40 to section 138; (c) no court inferior to that of a metropolitan magistrate or a judicial magistrate of the first class shall try any offencepunishable under section 138 chapter iii a m endm ents to the r eserve b ank of i ndia a ct, 1934amendment of section 175 in section 17 of the reserve bank of india act, 1934 (hereafter in 2ofl934»this c hapter referred to as the reserve bank a ct), in clause (4b), the proviso shall be om itted i 56 in section 58 of the reserve bank act,—amendm ent of section 58(a) in sub-section (1), after the woitis "the c entral g overnm ent,", the w ords "by notification in the official g azette," shall be inserted;(b) in such-section (2), in clause (p ), for the w ords "th e scheduled banks", the w ords and brackets "the banks (including post office 10 savings b an k s)" shall be substituted chapter iv a m en d m en ts to the b anking r egulation a ct, 19497 in section 11 of the banking regulation act, 1949 (hereafter in this 10'of amend- c hapter referred to as the banking regulation a ct), in sub-section (2), ^5 ™ct^on°ll clause (b ), in sub-clause (ii), the w ord "calendar" shall be om itted8 in section 29 of the banking regulation act,—(a) in sub-section (i ),—amendm ent of section 29(i) in the opening paragraph,—(a) after the w ords "each calendar year", the w ords "or 20 at the expiration of a period of tw elve m onths ending w ith such date as the c entral g overnm ent may, by notification in the official gazette, specify in this behalf," shall be inserted;(b) for the words "th at year", the w ords "th at year or the period, as the case m ay be," shall be substituted; 25(ii) for the proviso, the following proviso shall be substituted, nam ely: —"provided th at w ith a view to facilitating the transition from one period of accounting to another period of accunting vmder this sub-section, the c entral g overnm ent may, by 30 order published in the official gazette, m ake such provisions as it considers necessary or expedient for the preparation of, or for other m atters relating to, the balance-sheet or profit and loss accoimt in respect of the year or period, as the case m ay be" ;(b) after sub-section (3a ), the following explanation shall be 35inserted, nam ely: - i'explanation— in sub-section (3a) , "year" m eans th e year, or as the case m ay be, the period referred to in sub-section (1)'9 in section 30 of the banking regulation act,—amendm ent of section 30(a) in sub-section (ib ), for the portion beginning w ith the w ords "it m ay direct'' and ending w ith the words "specified in th« 40order", the following shall be substituted, namely: i—"it m ay at any tim e by order direct th at a special audit of the banking com pany's accounts, for any such transaction or class of transactions or for such period or periods as m ay be specified in the order, shall be conducted and m ay by the sam e or a different order either appoint a person duly qualified under any law for the tim e being in force to be an auditor of companies or direct the auditor of the banking company him self to conduct such special audit";10(b) in sub-section (1c), for the wordfj "the audit of the tran saction or class of transactions", the words "the special audit" shall be substituted;(c) in sub-section (2 ), the w ord ", and auditors, if any, appointed by the law establishing, constituting or form ing the banking company concerned" shall be inserted at the end15amendment of section 5110 in section 51 of the banking regulation act, for the figures "31", the words, brackets, figures and letters "sub-sections (ib ), (1c) and(2) of section 30, 31" shall be substituted11 in the third schedule to the banking regulation act, in form 20 b, in the portion appearing after the heading "form op p r o f it and l oss a ccount'', the w ord "december" shall be omittedamendment of third schedule chapter v a m endm ents to the state b ank op i ndia a ct, 195523 of 1955 12 in section 20 of the state bank of india act, 1955 (hereafter in25 this c hapter referred to as the state bank act)amend ment of section 20(a) in sub-section (3),—(i) the words, brackets and figure "and in sub-section (5)''shall be om itted; |(ii) for the words, figures, brackets and letter "section 19 or20 nom inated under clause (d) of that sub-section" and "four years", the words "th at section" and "three years" shall, respectively, be substituted;(iii) the words "or nom inated" and "or renom ination'' shallbe om itted; j35(iv) the following proviso shall be inserted at the end,nam ely;— i"provided th at no such director shall hold office continuously for a period exceeding six years";(b) in sub-section (3a),—40 (i) for the words "a director", the words, brackets andfigure "subject to the provisions contained in sub-section (4), a director" shall be substituted;(ii) after the w ord and figures "section 19", the words, brackets and letter "or nom inated under clause (d) of that sub- 45 section" shall be inserted; '(iii) for th e w ords "duly appointed" and "for re-appoint-^ m ent'', the w ords "duly appointed or nom inated" and "for re appointm ent or re-nom ination, as the case m ay be" shall, respectively, be substituted;(iv) the follow ing proviso shall be inserted at the end, 5nam ely:— '"provided th at no such director shall hold office continuously for a period exceeding six years";(c) for sub-section {4), the follow ing sub-section shall be substituted, nam ely;— 10" (4) a director appointed im der clause (ca) or clause (cb) of sub-section (1) of section 19 or nom inated under clause (d) or clause (e) or clause (f) of th a t sub-section shall hold office during the pleasiu-e of the authority appointing or nom inating him, as th e case m ay be "; ' 15(d) sub-section (5) shall be om itted 13 in section 21a of the s tate bank act,—amende xnent of sectlien 21a(a) for sub-section (1), the following sub-section shall be substituted, nam ely:—" (1) subject to the provisions contained in this section and 20 in sub-section (2) of section 21, a m em ber of a local board—(a) nom inated under clause (c) of sub-section (1) of section 21 shall hold office for such term , not exceeding three years, as the centrnl g overnm ent m ay specify in this behalf and th ereafter until his successor has been didy nom inated; 25(b) elected under clause (d) of sub-section (1) of section 21 shall hold office for three years and thereafter u n til his successor has been duly elected, and shall be eligible for re-nom ination or re-election, as the case m ay be: ; 3^provided th a t no such director shall hold office continuously for a period exceeding six years,";(b) after sub-section (4), the following sub-section shall be inserted, nam ely:— |" (5) a m em ber of a local board nom inated under clause ^5(c) of sub-section (i) of section 21 shall hold office during the pleasure of the c entral g overnm ent"14' in section 39 of the state bank act,—amendment of section 39(a) for the w ords "in each year", the words "or such other date in each year as the cfentral g overnm ent may, by notification in the 4q official gazette, specify" shall be substituted;(b) the following proviso shall be inserted ai the end, namely: —'provided th at w ith a view to facilitating the transition from one period of accounting to another period of accounting under this sub-section^ the c entral governm ent may, by order published 5 in the official g azette, m ake such provisions as it considers necessary or expedient for the closing and balancing of, or for other m atters relating to, the books in lespect of the concerned years"amendment of section 4015 in section 40 of the state bank act, in sub-section (j), after the w ords figures and letters "the 31st day of decem ber", the words and10 figures "or the date specified under section 39, as the case may be" shall be insertedamendment of section 4216 in section 42 of the state bank act, in sub-section (2), after the words, figures and letters "the previous 31st day of december", the w ords and figures "or the date specified under section 39, as the case may15 be" shall be insertedamendment of section 5017 in section 50 of the state bank act, in sub-section (1), after the words "the c entral cjovemment", the words ",by notification in the official g azette,'' shall be inserted chapter vi20 a mendments to the s tate b ank of india (subsidiary b anks)a ct, 1959section 2518 in section 25 of the state bank of india (subsidiary banks) act, amend- 1959 (hereafter in this chapter referred to as the subsidiary banks a ct), ment of in sub-section (1),—25 (a) in clause (c), the following proviso shall be inserted at theend, nam ely: —"provided that any nom ination of a director made by the state bank under this clause shall, except in so far as it relates to an officer of th at bank, be in consultation w ith the central 30 governm ent";(b) in clause (e), the words "in consultation with the state b ank" shall be omitted19 in section 26 of the subsidiary banks aet,-^amendment of sectton 26(a) in sub-section (i),—35(i) for the portion beginning w ith the words ", if nominated" and ending w ith the words "that sub-section,", the following shall be substituted, nam ely: —"nom inated under clause (b) or clause (c) or clause (e) of sub-section (1) of section 25 or appointed under clause (ca) or clause (cb) of th at sub-section";40(ii) for the word "nom inating", the words "nom inating of appointing" shall be substituted;ib) for sub-sections (2) and {2a), the following sub^sections shall be substituted, nam ely: —" (2) subject to the provisions contained in section 25, a director elected under clause (d) of sub-section (1) of th at section shall hold oflbce for three years and thereafter until his successor 5 is duly elected, and shall be eligible for re-election:provided th at no such director shall hold ofrce continuously for a period exceeding six years(2a) subject to the provisions contained in section 25 and in sub-section (1), a director nom inated under clause (c) and not lo being an officer of the s tate bank or a director appointed under clause (co) or clause (cb) or a director, not being an officer of the c entral g overnm ent, nom inated under clause (e) of subsection (i) of section 25, shall hold office for such term not exceeding three years, as the c entral g overnm ent m ay specify 15 and thereafter until his successor shall have been duly nom inated or appointed, and shall be eligible for re-nom ination or reappointm ent, as the case m ay be:provided th at no such director shall hold office continuously for a period exceeding six years"; 20(c) sub-section (3) shall be om itted 20 in section 39 of the subsidiary banks act,—amend m ent of section 39(a) for the w ords "in each y ear" , the w ords "or such other date in each year as the c entral g overnm ent m ay, by notification in the official g azette, specify" shall be substituted; 25(b) the following provisio shall be inserted at the end, nam ely: —"provided th a t w ith a view to facilitating the transition from one period of accountint^ to another period of accounting under this sub-section, the c entral g overnm ent may, by order 30published in the official gazette, m ake such provisions as it considers necessary or expedient for the closing and balancins? of, or for other m atters relating to, the books in respect of the concerned years" amendsection 43 of the subsidiary banks act, in sub-section (1), in 35ment of clause (a) after the words, figures and letters "the 31st day of decemsection43 b er", the w ords and figures "or the date notified under section 39, as the case m ay be," shall be insertedamendment of section 4422 in section 44 of the subsidiary banks act in sub-sections (2) and(3), after the words, figures and letters "the previous 31st day of decem- 49 ber", the w ords and figures "or the date notified under section 39, as the case m ay be" shall be inserted23 in section 63 of the subsidiary banks act, in sub-section (1), after ment of the w ords "the reserve bank,", the words "by notification in the official section 63 g azette," shall be inserted ' 45 chapter vii a mendments to the d eposit insurance and credit guarantee corporation a ct, 196147 of 1961amendment ofsection 624 in section 6 of the deposit insurance and credit g uarantee corpora- 5 tion act, 1961 (hereafter in this chapter referred to as the deposit insurance corporation a c t), in sub-section (2)-,—(a) in clause (i), after the word, brackets and letter "clause(c )", th e words, brackets and letters "or clause (d) or clause (e )" shall be inserted;10 (b) for clause (ii), the following clause shall be substituted,nam ely:—" (ii) subject to the provisions contained in clause (i), a director nom inated under clause (d) or clause (e) of sub-section(1), shall hold office for such period, not exceeding three years, j 5 as m ay be specified by the central g overnm ent in this behalf andthereafter until his successor assumes office, and shau be eligible for re-nom ination:provided th at no such director shall hold office continuously for a period exceeding six y e a rs/2q 25 in section 26 of the deposit insurance corporation act, in subsection (2 )r - \amendment qf s e c ^ ^(a) for the words ",each years", the words "or such other date in eadx year as the c entral g overnm ent may, by notification in the official cassette, specify" shall be substituted;25 w & e following proviso shall be inserted at the end, namely: —"provided th at w ith a view to facilitating the transition from one period of accounting to another period of accounting im der this sub-section, the c entral g overnm ent m ay, by ordei published in the official gazette, m ake such provisions as it 30 considers necessary or expedient for the balancing and closing of, or for other m atters relating to, the books or accounts in respect of the concerned years"amendment of26 in section 50 of jfce deposit insurasice corporation act, in sub-section(i), after the w ords "the reserve bank,'', the words "by notification in 35 the official g ^ t t e , " shall be inserted i chapter v in a m endm ents to the industrial d evelopment b ank of india a ct, 19mj»,of 1964amendinent ofs^ ib ii 627 in section 6 of the industrial development bank of india act, 1964 (hereafter in this c hapter referred to as the development bank act), ^ for sub-section {4a), the following sub-section shall be substituted, nam ely:— i" {4a) subject to the provisions of sub-section (4),—(a) every director nom inated under sub-clause (ii) or subclause (iv) of clause (c) of sub-section (i) and not being an 45 official of g overnm ent or not being an official or whole-timedirector of the reserve bank or a financial institution or the state p^nk or ^ nationalised bank or a state financial corporation; and(b) every director nom inated under sub-clause (iii) or subclause (v) of clause (c) of sub-section (1),shall hold office for such term , not exceeding three years, as the c entral g overnm ent m ay specify in this behalf and thereafter u n til his successor assum es office, and shall be eligible for re-nom ination: 5provided th at no such director shall hold office continuously for a period exceeding six years" '28 in section 18 of the d evelopm ent bank act, in sub-section (2), the follow ing proviso shall be inserted at the end, nam ely: —amendment ef section 18"provided th at w ith a view to facilitating the transition from 10 one period of accounting to another period of accounting under this sub-section, the c entral grovernment m ay, by order published in the official g azette, m ake such provisions as it considers necesscary or expedient for the closing and balancing of, or for other m atters relating to, the books or accounts in respect of the con- 15 cem ed years" 29 in section 21 of the d evelopm ent bank act, in sub-section (2), the follow ing proviso shall be inserted at the end, nam ely:—amendm ent of •eclfon 21''provided th at w ith a view to facilitating the transition from 20 one period of accoim ting to another period of accounting under this sub-section, the c entral g overnm ent may, by order published in the official gazette, m ake such provisions as it considers necessary or expedient for the closing and balancing of, or for other m atters relating to, the books or accounts in respect of the concerned years" 25 chapter ixa mendments to the b anking companies (a cq uisrnon and t ransfkr of u ndertakings) a ct^ 1970to 3 q 5 of 1970amendment of tections 30 in section 3 of the banking companies (acquisition mid transfer of undertakings) act, 1970 (hereafter in thi s dtapiter referred as the bank nationalisation act, in sub-section (2a), in the proviso, f«r the words "rupees one hundred crores", tihe( words "rupees five hundred crores" shall be substituted31 in section 9 of the b ank n ationalisation act,—amendment ofsection 9(a) in sub-section (2),— 35 (i) in clause (a), for the words"rupees one hundred eror es", the words "rupees five hundred crores" shall be substituted; (ii) in clause (c), for the words "corresponding new bank to any other banking institution", the w ords "corresponding new bank to any other corresponding new bank or banking institu- 40 tion" shall be substituted;(b) in sub-section (5), the explanation shall be num bered as explanation i, and after explanation i as so num bered, the following explanation shall be inserted, nam ely: —'explanation ii— for the purposes of this section, the expression "corresponding new bank'' shall include a corresponding new bank w ithin the m eaning of the banking companies (acquisition and transfer of u ndertakings) act, 198040 of 198032 in section 10 of the bank nationalisation act, in sub-section ( 1 ) -amendmeat of sectkm 1010 (ft) for the words "of each year", the words "or such otherdate in each year as the c entral governm ent may, by notification in the official gazette, specify" shall be substituted;(b) the following proviso shall be inserted at the end, nam ely:—"provided th at w ith a view to facilitating the transition from one period of accounting to another period of accounting under this sub-section, the central governm ent may, by order published in the official gazette, make such provisions as it considers necessary or expedient for the closing and balancing of, or for other m atters relating to, the books in respect of the20 concerned years' chapter x amendmbaits to the regional rural b anks act, 197633) in section 19 of the regional r ural banks act, 1976 (hereafter21 of 1976 c hapter referred to as the r ural banks a ct), in sub-section (1),—amendment of section 1925 (i) for the words "of each year", the words "or such other date ineach year as the c entral governm ent may, by notification in the official gazette, specify" shall be substituted;(ii) the following proviso shall be inserted at the end, nam ely:—30"provided th at w ith a view to facilitating the transition from one period of accounting to another period of accounting under this sub-section, the central governm ent may, by order published in the official gazette, make such provisions as it considers necessary or expedient for the closing and balancing of, or for other m atters relating to, the books in respect of the concerned vears"35«eetion30a m en d m en ts to the b anking c o m pa n ies (a cquisition and t ransfer o r u ndertakings) act, 198040 of 1980amend-%ment of section 335 in section 3 of the banking compani<$ (acqiiisitioi;! and transfer of undertakings) act, 1980 [hereafter in this chapter referred to as s the bank nationalisation act]^ in sub-section (2a), in the proviso, for the words ''rupees one hundred crores", the wofrds "rupees five hundred crores" shall be substituted36 in section 9 of th e b an k n ationalisation a ct,—amoidaent of kctions(o) in sub-section (2),— 1 0(i) in clause (a ), for the words ''one huindred crores", the words "five hundred crores" shall be substituted;(ii) in clause (c), for th e w ords "corresponding n ew b an k to an y o th e r b an k in g in stitu tio n ", th e w ords "corresponding n ew b an k to an y o th er corresponding new ban k o r b an k in g 15 in stitu tio n " shall be su b stitu ted ;(b) in sub-section (5), th e explanation sh a ll be n u m b ered as explanation i, and a fte r explanation i as so num b ered , th e follow ing explanation shall be in serted , nam ely: —'explanation ii—f o r th e purposes of th is section, th e 20 expression "co rresp o n d in g n ew b a n k " shall include a corresponding n ew b an k w ith in th e m ean in g erf th e b anking com panies (a cquisition and t ra n sfe r of u nd ertak in g s) a ct, 1970" 5 of 197037 in section 10 of th e b ank n ationalisation a ct, in sub-section (i),— ment of section 10(o) for th e w ords "each y e a r", th e w ords "o r such o th er d ate in 25 each y ear as th e c en tral g o v ern m en t m ay, b y notification in th e official g azette, specify" shall be su b stitu ted ;(b) th e follow ing proviso shall be in se rte d a t th e end, n a m e ly :—"p ro v id ed th a t w ith a view to facilitatin g th e tran sitio n froin one period of accounting to an o th er period of accounting u n d er jq th is sub-section^ th e c en tral g o vernm ent m ay, by o rd er pu b lished in th e official g azette, m ake such provisions as it considers necessary or ex p ed ien t for th e closing an d balancing of, or for o th er m a tte rs relatin g to, th e books in resp ect of th e concerned y ears" 35amendsection 19 of th e b an k n ationalisation a ct, in subment of section (j), after th e w ords "th e c en tral g overnm ent,", th e w ords "by•ection w notification in th e official g azette," shall b e inserted chapter x ii a m endm ents to thei e xport-import b ank of i ndia a ct, 1&8128 of 198139 in section 6 of the export-im port bank of india act, 1981 (hereafter iij this c hapter referred to as the exim bank act) ,—amendment of section 65 (a) for sub-section (6), the following sub-section shall be substituted, nam ely;—" (6) subject to the provisions contained in sub-section (7), any director nom inated under clause (b) or clause (|c) or clause (d) or clause (e) of sub-section (1) and not being an iq, ^ official of g overnm ent or not being a whole-tim e director or official of the reserve bank or the development bank or the sajd e xport credit and g uarantee corporation limited or a scheduled bank, shall hold office for such term , not excee<ung three years, as the c entral g overnm ent or, as the case may be 15 the authority nom inating him, m ay specify in this b ^ a lf andthereafter until his successor enters upon office, and shall be e u ^ le for re-nom ination:provided th at no such director shall hold office continuously fear a period exceeding six years'';20 (b) in sub-section (7), the w ord "other" shall be omitted40 in section 19 of the exim bank act, in sub-section (2),—ammdmeia of aectionl9(a) for the words "each year", the words or such other date in each year as the c entral g overnm ent may, b|y notification in the official gazette, specify" shall be substituted;25 (b) the following proviso shau be inserted at the end, nam ely:—"provided that w ith a view to facilitating the transition from one period of accounting to another period of accounting under this sub-section, the central g overnm ent may, by order published in the official gazette, m ake such provisions as it 30 considers necessary or expedient for the closing and balancing o4 or for other m atters relating to, the books or acooimts in respect of the concerned years"41 in section 22 of the exim bank act, in sub-section (2),—amendment of aech0d22(a) for the words "each year", the words or such other date in each year as the central governm ent may, by notification in the o fficii gazette, specify" shau be substituted;35(b) the following proviso shall be inserted at the end, namely: —40"provided th at w ith a view to facilitating the transition from one period of accounting to another period of accounting under this sub-section, the central governm ent may, by order published in the official gazette, make such provisions as it considers necessary or expedient for the closing and balancing of, or for others m atters relating to, the books or accounts in respect of the concerned years"amendment of section 3942 in section 39 of the exim b ank act, in sub-section (1), after th e w ords "th e c entral g o vernm ent", the w ords " by notification in th e official g azette,'' shall be inserted chapter xina m e n d m e n t s to t h e n atio n a l b a n k for a griculture and r ural 5d ev elo pm en t a ct, 1981amendment of section'543 in section 5 of the n ational b ank for a griculture and r ural « d evelopm ent act, 1981 (hereafter in this c hapter referred to as the n ational b ank a ct), in sub-section (3), the follow ing proviso shall be inserted at the end, nam ely;— 10"provided th at during the period df any casual vacancy of the n atu re referred to in section 11 in the office of the m anaging direc tor, the c hairm an m ay also exercise the pow ers and discharge the functions of the m anaging d irector until the person appointed by the c entral g overnm ent under section 11 to act as m anaging 15 d irector enters upon his office"44 in section 6 of the n ational b ank act, in sub-section (2), the follow ing proviso shall be inserted at the end^ nam ely: —amend ment of section 6"provided th at no such consultation shall be necessary in the case of directors appointed under clause (e) of sub-section (3)" 20in section 7 of the n ational b ank act,—amendm ^ t of section?(a) for sub-section (2), the follow ing sub-section shall be substituted, nam ely;—"(2) subject to the provisions contained in sub-section (5), a director appointed under clavise (b) or clause (c) of sub- 25 section (1) of section 6, shall hold office for such term , not exceeding thrse years, as the c entral g overnm ent m ay specify in this behalf and th ereafter until his successor enters upon his office, and shall be eligible for reappointm ent;provided th at no such director shall hold office continuously 30 for a period exceeding six years'';(b) in sub-section (3), the words, b ra ctets and figure "or any other director referred to in sub-section (2)'' shall b e om itted;(c) after sub-section (4), the follow ing sub-section shall be inserted, nam ely;—35" (5) the directors appointed under clauses (b) to (f) of sub-section (1) of section 6 shall hold office during the pleasure of the c entral g overnm ent"46 in section 46 of the n ational b ank act, in sub-section (2),—amendment of section 46(a) for the words each year" the w ords "or such other date in 4q each year as the c entral g overnm ent m ay, by notification in the official gazette, specify" shall be substituted;(b) the following proviso shall be inserted at the end, nam ely; —"provided that with a view to facilitating the transition from one period of accounting to another period of accounting 45under this sub-section, the central g overnm ent may, by order published in the official gazette, make such provisions as it ^ considers necessary or expedient for the balancing and closingof, or for other m atters relating to, the books or accounts in 5 respect of the concerned years'' chapter xiv a m endm ents to the i ndustrial r econstruction b ank of i ndia a ct, 1984amendment of seclton'1047 in section 10 of the in d u strial r econstruction b ank of india act, 62 of 1984 10 1984 (h ereafter in th is c hapter referred to as the in d u strial r econstructio n b ank a ct), a fte r sub-section i(2), th e follow ing sub-section shall be in serted , n am e ly :—" (5) subject to the provisions of sub-section (2), a director nom inated under clause (c) or clause (d) of sub-section (1) and 15 not being an official of g overnm ent or not being an official or wholetim e director of the development bank or a public financial institution or the s tate b ank or a nationalised bank or a state financial corporation, sheill hold office for such term , not exceeding three years, as the authority nom inating him may specify in this behalf20 and thereafter untu his successor enters upon his office, and shallbe eligible for re-nom ination:provided that no such director shall hold office continuously for a period exceeding six years''48 in section 29 of the industrial reconstruction bank act, in sub- atn»n<-25 section (2),— ' ment of section 29(o) for the w ords "each y e a r", the w ords ''or such other date in each year as the c entral governm ent may, by notification in the official gazette, specify" shall be substituted;(&) the following proviso shall be inserted at the end, nam ely:—30 "provided th at w ith a view to facilitating the transitionfrom one period of accoimting to another period of accouning under this sub-section, the central governm ent may, by order published in the official gazette, m ake such provisions as it considers necessary or expedient for the closing and balancing35 of, or for other m atters relating to the boqks or accounts inrespect of the concerned years" 49 in section 32 of the industrial reconstruction bank act, in subsection (2),—amendment of section 32(a) for the w ords "each y ea r" the words "or such other date in '0 each year as the central governm ent may, by notification in the official gazette, specify" shall be substituted;(b) ^ e following proviso shall be inserted at the end, namely:"provided that w ith a view to facilitating the transition from one period of accounting to another period of accounting under this subsection, th e c entral g overnm ent m ay, by order published in th e official g azette, m ake such provisions as it considers necessary or exped'ent for the closing and balancing of, or for other m atters re lating to, the books or accounts in respect of the concerned years"ara«tdment of section 6950 in section 69 of the industrial r econstruction bank act, in sub- ^ section (i), after th e w ords "the c entral g overnm ent,'', the w ords "by notification in the official g azette," shall be inserted statement of objects and reasonsthe banking law s w ere last am ended through the banking laws (a m endm ent) act, 1985 (81 of 1985), the various provisions of which w ere brought into force on different dates in 1985 and 1986 since thpn, in the course of adm inistering various laws relating to banks and public financial institutions, a need has arisen for some further am endm ents to the n egotiable instrum ents act, 1881, the reserve bank of act, 1934, th e b anking r egulation act, 1949, the state bank of india act, 1955, the s tate bank of india (subsidiary banks) act, 1959, the deposit insurance and c redit g uarantee corporation act, 1961, the industrial d evelopm ent bank of india act, 1964, the banking companies (acquisition and t ransfer of u ndertakings) act, 1970, the regional r ural b anks act, 1976, the banking companies (acquisition and transfer of u ndertakings) act, 1980, the export-im port bank of india act, 1981 th e n ational bank for a griculture and r ural development act, 1981 and the industrial reconstruction bank of india act, 1984, to achieve the following objectives:— ,(i) to enable the g overnm ent to increase the paid-up capital of the nationalised banks so as to im prove the banks' debt: equity ratio and profitability;(ii) to invest the reserve bank of india w ith powers to have special audits of banks carried out w henever considered necessary in the public interest or in the interests of the banking company or its depositors either by the banks' auditor or any other auditor specially appointed for the purpose;(iii) to provide uniform tenure to all non-official directors and employee directors on the boards of the state bank of india and its subsidiary banks and certain financial institutions and to lim it th eir continuous m em bership of the board of directors of a bank or institution in keeping w ith the principle enunciated by the estim ates com mittee;(iv) to empower the central g overnm ent to change the accounting year of any bank or financial institution by notification in the official g azette w hich would enable the c entral governm ent to change the present accounting year of banks and financial institutions to coincide w ith th e financial year (april—m arch) which is envisag' ed as the previous year for incom e-tax purposes;(v) to provide transfer of whole or part of the undertaking of one corresponding new bank to another corresponding new bank;(vi) to obviate avoidable delays by om itting the requiremfflit of prior consultation w ith the state bank of india or the reserve bank of india, as the case m ay be, in the m atter of nomination or appointm ent of officials of the c entral g overnm ent on the board of d irectors of subsidiary b anks of the s tate b ank of india and th e n ational b ank for a griculture and r ural d evelopm ent as obtaining in other analogous statutes;(vii) to provide for m aking of the regulations by the board of d irectors of the banks and financial institutions by notification in the official g azette;(viii) to enable the reserve bank of india to m ake regulations to govern clearing houses w h i^ have as m em bers, besides scheduled banks, other banks and post office savings banks;(ix) to am end the reserve bank of india act, 1934 to om it the ceiling on th e quantum of loans and advances w hich could be m ade by th e r eserve b ank of india to the industrial finance corporation of india;(x) to revise the ra te of interest from the present level of six per cent, to eighteen per cent, per annum payable on a negotiable instrum ent from the due date in case no ra te of in terest is specified, or payable to an indorser from the date of paym ent on a negotiable instrum ent on its dishonour w ith a view to discouraging the w ithholding of paym ent on negotiable instrum ents on due dates;(xi) to c h a n c e the acceptability of cheques in settlem ent of liabilities by m aking the draw er liable for penalties in case of bouncing of cheques due to insufficiency of funds in the accoxmts or for the reason th at it exceeds the arrangem ents m ade by th e draw er, w ith adequate safeguards to prevent harassm ent of honest draw ers(xii) to em power the chairm an, n ational bank for a griculture and rvural d evelopm ent (nabard) to exercise the pow ers and discharge the functions also of the m anaging d irector, nabard, during the period of any casual vacancy in the office of m anaging director, nabard for sm ooth functioning of nabard2 the notes on clause explain in detail the various provisions contained in the billn e w d e l h i;s b chavanthe 23rd august, 1988clause 2 —this clause seeks to amend section 80 of the negotiable instrum ents act, 1881 to revise the rat© of interest payable on a negotiable instrum ent from the date on which the paym ent was due to the date of actual paym ent, from the present level of six per centum per a n n u m to eighteen per centum per annum in oases w here no rate of interest is specified in the negotiable instrum entclause 3— this clause seeks to am end clause (c) of section 117 <sf the negotiable instrum ents act, 1881 to revise the rate of interest payable to an indorser from the present level of six per centum per annum to eighteen per centum per annum in the event of dishonour of a negotiable instrum entclause 4—this clause inserts a new chapter xvti in the negotiable instrum ents act, 1881 the provisions contained in the new chapter provide th at where any cheque draw n by a person for the discharge of any liability is returned by the bank unpaid for the reason of the insufficiency of the am ount of money standing to the credit of the account on w hich the cheque was draw n or for the reason th at it exceeds the arrangem ents m ade by the draw er of the cheque w ith the banker for th at account, the draw er of such cheque shall be deemed to have com m itted an offence in th at case, the drawer, w ithout prejudice to the other provisions of the said act, shall be punishable w ith im prisonm ent for a term w hich m ay extend to one year, or w ith fine which m ay extend to twi<» the am ount of the cheque, or w ith boththe provisions have also been made that to constitute the said offence—(a) such cheque should have been presented to the bank w ithin a period of six m onths of the date of its draw al or w ithin the period of its validity, whichever is earlier; and(b) the payee or holder in due course of such cheque should have m ade a dem and for the pa3nnent of the said am ount of money by giving a notice, in w riting, to the draw er of the cheque w ithin fifteen days of th e receipt of inform ation by him from the bank regarding the retvffn of the cheque unpaid; and(c) the drawer of such cheque should have failed to make the paym ent of the said am ount of money to the payee or the holder in due course of the cheque w ithin fifteen days of the receipt of the said noticeit has also been provided that it shall be presumed, unless the contra ry is proved, th at the holder of such cheque received the cheque in the discharge of a liability defences which m ay or m ay not be allowed in an y prosecution for such offence have also been provided to make the provisions effective u sual provision relatin g to offences by com panies has also been included in the said new c hapter in order to ensure th a t genuine and honest bank custom ers are not harassed or p u t to inconveni ence, sufficient safeguards have also been provided in the proposed new c hapter such safeguards are—(a) th at no court shall take cognizance of such offence except on a com plaint, in w riting, m ade by the payee or the holder in due course of the cheque;(b) th at such com plaint is m ade w ithin one m onth of th e date on w hich th e cause of action arises; •(c) th a t no court inferior to th a t of a m etropolitan m agistrate or a judicial m agistrate of the first class shall try any such offenceclause 5—^this clause seeks to m ake consequential am endm ent in th e reserve bank of india act, 1934 by om itting the proviso to clause (4b) of section 17 of the said act so as to om it the ceiling laid dow n on the quantum of loans w hich could be advanced to industrial finance corporation of india by reserve b ank of indiaclause 6—this clause seeks to am end section 58(1) of the r eserve b ank of india act, 1934 to provide for m aking of the regulations by th e c entral b oard of the r eserve bank of india by notification in th e official g azette this clause also seeks to am end clause (p) of sub-section (2) of section 58 of th e said act to enable th e r eserve bank of india to m ake regulations to govern the operations of clearing houses having as m em bers besides scheduled banks other banks including post office savings bankclause 7—this clause seeks to am end section 11 (2) (b) of the b anking regulation act, 1949 in consequence of am endm ent in clause 8clause 8—^this clause seeks to am end section 29 of th e b anking r egulation act 1949 to enable the c entral g overnm ent to change th e accounting year of a banking com pany by a notification in the official g azette and also to m ake such provisions as considered necessary or expedient to facilitate such transitionclause 9—this clause seeks to am end sub-sections (ib ), (1c) and (2) of section 30 of the banking regulation act, 1949 to em pow er th e r eserve b ank of india to have special audits of the accounts of a banking com pany for such transaction or class of transactions or for such period or periods conducted by the auditor of the banking com pany or by any other auditor specially appointed for the purposeclause 10—^this clause seeks to am end section 51 of the banking r egulation act, 1949 to m ake applicable th e provisions of section 30 [including sub-sections (1), (la ) and (3)] to state bank of india, subsidiaries of state bank of india or any corresponding new bank or a regional r ural bankclause 11—^this clause seeks to am end the third schedule to th e b anking regulation act, 1949 in consequence of am «idm «nts proposed under clause 8 'clause 12—^at present the term of office of nom inated and elected directors vary from statute to statute it is proposed to bring about uni form ity in the provisions governing the term of office of nom inated/ elected directors in the various statutes governing banks and financial institutions such as to provide that—(i) a non officiail director, non workm an employee director and a w orkm an em ployee director nom inated/appointed to the board shall hold office during the pleasure of the nom inating/appointing- -authority arid subject to the same for a period not exceeding 3 years as specified at the tim e of his nom ination/appointm ent and th at a director so nom inated/appointed m ay continue in office until his successor is nom inated/appointed and shall also be eligible for reappointm ent/re-nom ination provided th at no such director shall hold office continuously for a period exceeding 6 years(li) a non official director elected to the board shall hold ofbce for a period of 3 years and thereafter until his successor is elected and shall be eligible for re-election provided that no elected director shall hold office continuously for a period exceeding 6 years;(iii) directors who are officials of government, reserve bank of india state bank of tnf^ia and its subsi'^iarv banks other scheduled banks and n'iblic finaridal inctit" tion<; n+ber tha'i workmen employee directors and non workm en etyir>lnvpe diractors shall hold office dur ing th e pleasure of the nom inating authorityclause 12 of the bill seeks to am end section 20 of the state bank of india act, 1955 to bring in uniform ity in the term of office of directors on the lines indicated above 'clause 13-—this clause seeks to amend section 21a of the state b ank of india act, 1955 to bring in uniform ity in the term of office of m em bers nom inated and elected to the local boards of state bank of india on the lines indicated in the note relating to clause 12clause 14—^this clause seeks to amend section 39 of the state bank of india act, 1955 to enable the central g overnm ent to change the accounting year of the state bank of india by a notification in the official g azette and also to m ake such provisions as considered necessary or expedient to facilitate such transitionclause 15—this clause seeks to m ake consequential am endm ent in section 40 of the state bank of india act, 1955 in the light of the amendm ents to section 39 of the state bank of india act, as indicated in notes under clause 14clause 16—^this clause seeks to make consequential am endm ent in section 42 of the state bank of india act, 1955 in the light of the amendm ents to section 39 of the state bank of india act, 1955 as indicated in notes im der clause 14clause 17—^this clause seeks to amend section 50 of the state bank of india act, 1955 to provide for m aking of the regulations by the central b oafd of the state bank of india by notification in the official gazettecilause 18—this clause seeks to am end section 25 of th e state b ank of india (subsidiary banks) act, 1959 to provide th at nom ination of a non official director under section 25(1) (c) of th e said a ct shall be m ade in consultation w ith the c entral g overnm ent and also to provide th a t for nom ination of an official of the c entral g overnm ent as a director on th e b oard of subsidiary banks of state b ank of india no consultation w ith s tate b ank of india is necessaryclouse 19—this clause seeks to am end section 26 of th e s tate bank of india (subsidiary banks) act, 1959 to bring in uniform ity in th e term of office of directors as explained in notes under clause 12clause 20—^this clause seeks to am end section 39 of th e s tate bank of india (subsidiary banks) act, 1959 to enable the c entral g overnm ent to change the accounting year of a subsidiary bank of state bank of india by a notification in the official g azette and also to make such pro visions as considered necessary or expedient to facilitate such transitionclause 21—this clause seeks to m ake a consequential am endm ent in section 43 of the state b ank of india (subsidiary banks) act, 1959 in the light of th e am endm ents proposed to section 39 of the said act as indicated in note relating to clause 20, clause 22—^this clause seeks to m ake consequential am endm ent in section 44 of the state b ank of india (subsidiary banks) act, 1959' in th e light of th e am endm ents prooosed to section 39 of th e said act as indicated in note relating to clause 20 , clause 23—this clause seeks to am end section 63 of the s tate b ank of india (subsidiary banks) act, 1959 to provide for m aking of the regulations by state bank of india in respect of th e subsidiary banks of s tate b ank of india by notification in the official gazetteclause 24—^this clause seeks to am end section 6 of th e deposit insurance and c redit g uarantee corporation act 1961 to bring in uniform ity in th e term of office of directors nom inated on th e b oard of d irectors of the corporation on the lines indicated in clause 12clause 25—this clause seeks to am end section 28 of th e deposit insurance and c redit g uarantee corporation act, 1961 to enable th e central g overnm ent to change the accounting year of th e corporation by a notification in the official g azette and also to m ake such provisions as considered necessary or expedient to facilitate such transitionclause 26—^thls clause seeks to am end section 50 of the deposit insurance and c redit g uarantee c orporation act, 1961 to provide for m aking of the regulations by the board of the corporation by notification in the official gazette !clause 27—^this clause seeks to am end section 6 of the industrial d evelopm ent bank of india act, 1964 to bring in uniform ity in the term of office of directors nom inated on the b oard of industrial developm ent of india on the lines indicated in clause 12clause 28—this clause seeks to in sert a proviso at the end of section18 of the industrial d evelopm ent b ank of india act, 1964 w ith a view to enabling the c entral g overnm ent to m ake such provisions as considered necessary or expedient to facilitate the transition from one date to the other appointed date in closmg and balancing of tne boojis and accounts of the d evelopm ent assistance jj'undclause 29—this clause seeijs to amend section 21 of the industrial developm ent bank of india act, 1964 to proviae for such provisions as considered necessary or expedient to facilitate the transition from one date to the other appointed date in closing and balancing the books a i^ accounts of the industrial development bank of indiaclause 30—this clause seeks to amend section 3 (2a ) of the banking companies (acquisition and transfer of u ndertakings) act, 19^0 to increase the lim it on the paid-up capital of corresponding new beuiks governed by the said act from tne present lim it of rs 100 crores to rs 500 crores i' xt clause 31—this clause seeks to make a consequential am endm ent to section 9(2) (a) of the banking companies (acquisition and transfer of u ndertakings) act, 1970 in view of the am endm ents proposed to section 3 (2a) of the said a ct as explained in the notes relating to clause 30 and also to am end section 9(2) (c) and the expianation under sub-section (5) of section 9 of the said act to provide ior transfer of the whole or any p art of the undertaking of one corresponding new bank to any other corresponding new bankclause 32—this clause seeks to amend section 10 of the banking companies (acquisition and t ransfer of undertakings) act, 1970 to enable the c entral grovernment to change the accounting year of any corresponding new bank governed by the said act by a notification in the official g azette and also to m ake such provisions as considered necessary or expedient to facilitate such transitionclause 33—this clause seeks to amend section 19 of the regional r ural banks act, 1976 to enable the central governm ent to change the accoim ting year of regional r ural banks by a notification in the official g azette and also to m ake such provision as considered necessary or expedient to facilitate such transitionclause 34—^this clause seeks to am end section 30 of the regional r ural banks act, 1976 to provide for m aking of the regulations by the board of directors of regional rural banks by notification in the official g azette i ' i clause 35—this clause seeks to amend section 3(2a) of the banking companies (acquisition and transfer of u ndertakings) act, 1980 to increase the lim it on the paid-up capital of corresponding new banks governed by the said act from the present lim it of rs- 100 crores to rs 500 croresclause 36—^this clause seeks to m ake a consequential am endm ent to section 9(2) (a) of the banking companies (acquisition and transfer of u ndertakings) act, 1980 in view of the amendments proposed to section 3 (2a) of the said act as explained in the notes relatm g to clause 35 and also to am end section 9 (2) (c) and the explanation under sub-section (5) of section 9 of the said act to provide for tra'isfei" of the whole or any part of the undertaking of one corresponding new bank to any o th er c o iie ^ ponding new bankclaiise 37—this clause seeks to am end section 10 of the b anking com panies (a cquisition and t ransfer of u ndertajtings) act, 1980 to enable the c entral g overnm ent to change the accounting year of any corresponding new bank governed by the said a ct by a notification in the official g azette and also to m ake such provisions as considered necessary or e::peaient to facilitate such transitionclause 38—this clause seeks to am end section 19 (1) of the b anking com panies (a cquisition and t ransler ol u ndertakings) act, 1960 to provide for m aking of the regulations oy the b oard of d irectors of a corresponding new bank governed by the said a ct by notification in the official gazette ; , clause 39—this clause seeks to am end section 6 of the export-im port b ank of india act, 1981 to bring in unilorm ity in the term of office of directors nom inated on the b oard of e xport-im port b ank of india on th e lines indicated in the notes relating to clause 12clause 40^—this clause seeks to am end section 19 of the export-im port b ank of india act, 1981 to enable the c entral g overnm ent to change the date as on w hich the books and accounts of the e xport d evelopm ent f und to be closed and balanced each year by a notification in the official g azette and also to m ake such provisions as considered necessary o r expedient to facilitate such transitionclause 41—this clause seeks to am end section 22 of th e export-im port b ank of india act, 1981 to enable the c entral g overnm ent to change the accounting year of the said b ank by a notification in the official g azette and also to m ake such provisions as considered necessary or expedient to facilitate such transitionclause 42—this clause seeks to am end section 39 of the e xport- im port b ank of india act, 1981 to provide for m aking of the regulations by the board of th e said bank, by notification in the official gazetteclause 43—this clause seeks to am end section 5 of the n ational bank fo r a griculture and r ural d evelopm ent act, 1981 to provide th at during the period of any casual vacancy in the office of the m anaging director, n ational bank for a griculture and r ural d evelopm ent (nabard), the chairm an, nabard m ay also exercise the powers and discharge the fim ctions of the m anaging d irector, nabard so th at the adm inistration of the organisation continues smoothlyclause 44—this clause seeks to am end sub-section (2) of section 6 of the n ational b ank for a griculture and r ural developm ent act, 1981 to provide th at for appointm ent of the officials of c entral g overnm ent as directors on the board of the said bank, no consultation w ith reserve b ank of india is necessaryclause 45—this clause seeks to am end section 7 of the n ational b ank for a griculture and r ural developm ent act, 1981 to brm g in uniform ity in the term of office of directors nominated on the board of the said bank on the lines indicated in the notes under clause 12clause 46—this clause seeks to amend section 46 of the national bank lor a gricultural and r ural development act, iffsl to enable the c entral g overnm ent to change the accounting year of the national bank for a griculture and r ural development by a notification in the official g azette and also to make such provisions as considered necessary or expedient to facilitate such transitionclause 47—this clause seeks to amend section 10 of the industrial r econstruction bank of india act, 1984 to bring in uniform ity in the term of office of directors nom inated on the board of the industrial reconstruction bank of india on the lines indicated in the notes relating to clause 12 i clause 48—this clause seeks to amend section 29 of the industrial r econstruction bank of india act, 1984 to enable the central govern m ent to change the date as on which the books and accounts of the rejnsti'uction assistance fund to be closed and balanced each year by a notification in the official gazette and also to make such provisions as considered necessary or expedient to facilitate such transitionclause 49—this clause seeks to am end section 32 of the industrial reconstruction bank of india act, 1984 to enable the central government to change the accounting year of the industrial reconstruction bank of india by a notification in the official gazette and also to make such provisions as considered necessary or expedient to facilitate such transitionclause 50—this clause seeks to am end section 69 of the industrial r econstruction bank of india act 1984 to provide for making of the regulations by the board of directors of the industrial reconstruction bank of india by notification in the official gazette financial memorandumat present, the banking companies (acquisition and transfer o£ undertakings) act, 1970 and the banking companies (acquisition and transfer of undertakings) act, 1980 provide that the paid-up capital of every corresponding new bank as are specified in column 2 of the first schedule to the aforesaid acts may be increased by the central government, from time to time, provided that the paid-up capital of any such bank shall in no case be in excess of one hundred crores rupees the government has been contributing to the paid-up capital of the said banks in the last few years with a view to improving their profitability and, debt; equity ratio as a result, in the case of a few of the said banks, the paid-up capital has reached the present statutory limit of one hundred crores rupees- further contribution in respect of these banks would be possible only if the present limit is revised upwards2 clauses 30, 31 (a) (i), 35 and 36 (a) (i) of the bill increase the present statutory limit from rs 100 crores to rs 500 crores this would enable the central government to increaae the paid-up capital of the said banks to improve their profitability and debt; equity ratio3 a sum of rs 200 crores has been provided for this purpose in the budget estimates of the current year the expenditure will be met from out of the consolidated fund of india and will be of a non-recurring nature the eontfibutitm is laroposed to be got invested lay the said banks in special securities and would, therefore, come back into the public account of india4 the provisions of the bill do not involve any other expenditure of a recurring or non-recurring natureclause 6 of the bill seeks to am end section 98 of the reserve bank of india act, 1934 clause (p) of sub-section (2) of the said section 53 em powers the c entral board of the reserve bank of india to make with the previous sanction of the central government, regulations for the m atters relating to the regulation of clearing houses for the scheduled banks- the proposed am endm ent amplifies this power to make regulations for all the banks including post office savings banks this apart, the central g overnm ent is being empowered, by m aking suitable amendments in the concerned legislations, to change the accounting year of the bank or financial institution by notification in the qfftcial g azette and to provide for m atters connected therew ith to facilitate the transition from one date to the other in this behalf this would enable the central governm ent to change the present accounting year of the banks and financial institutions, if consfdered jiecessary so to do, to coincide w ith the financial year (year ending 31st m arch) which is now envisaged as the uniform previous year for all the assessees and for all sources of income under the incom e-tax law2 the m atters in respect of which the said regulations m ay be made or the purposes for w hich the said notifications may be issued are m atters and purposes relating to procedure and detail and it m ay not be practicable to provide them, in the bill itself3 the delegation of legislation power is, therefore,, of a norm al character annexuree x t r a c t s f r o m t h e n e g o tia bl e i n s t r u m e n t s a c t, 1861(26 of 1881)interest when no rate specified,80 w hen no rate of interest is specified in the instrum ent, in terest on the am ount due thereon shall, notw ithstanding any agreem ent relating to interest betw een any parties to the instrum ent, be calculated at the rate of six per centum per annum , from the date at w hich the sam e ought to have been paid by the party charged, until tender or realization of the am ount due thereon, or until such date after the institution of a suit to recover such am ount as the c ourt directsexplanation— ^when the party charged is the indorser of an instrum ent dishonoured by non-paym ent, he is liable to pay interest only from the tim e th at he receives notice of the dishonour chapter x ii o f c o m p e n s a t io nrules as to compensation117 t he com pensation payable in case of dishonour of a promissory note, bill of exchange or cheque, by any party liable to the holder or any indorsee, shau be determ ined by the following rules: - m m(c) an indorser who, being liable, has paid the am ount due on the same is entitled to the am ount so paid w ith interest at six per centum per annum from the date of paym ent until tender or realization thereof, together w ith all expenses caused by the dishonour and paym ent; ie x t r a c t s f r o m t h e r eserv e b a n k of i n d ia a ct, 1934 (2 of 1934)17 the bank shall be authorized to carry on and transact the several kinds of business hereinafter specified nam ely: — business which the bank may transact(4b) the m aking to the industrial finance corporation of india of loans and advances,—(a) repayable on dem and or on the expiry of fixed periods not exceeding ninety days from the date of such loan or advance, against securities of the c entral g overnm ent or of any state governm ent; or(b) repayable on the expiry of fixed periods not exceeding eighteen m onths from the date of such loan or advance, against securities of the c entral g overnm ent of any m aturity or against bonds and debentures issued by the said corporation and guaranteed by the c entral g overnm ent and m aturing w ithin a period not exceeding eighteen m onths from the date of such loan or advance:provided th at the am ount of loans and advances granted under clause (b) shall not at any tim e exceed fifteen crores of rupees in the aggregate;58 (1) the c entral board may, w ith the previous sanction of the c entral governm ent, m ake regulations consistent w ith this act to provide for all m atters for which provision is necessary or convenient for the purpose of giving effect to the provisions of this actpower of the central board to make ^regulations(2) in particular and w ithout prejudice to the generality of the foregoing provision, such regulations m ay provide for all or any of the following m atters, nam ely: —(p) the regulation of clearing-houses for the scheduled banks;♦ ♦ ♦ ♦ ♦ e xtracts from the b anking r egulation a ct, 1949 (10 of 1949)11 il)(2) in the case of a banking company incorporated outside india—requirement as to minimum paidup capital and reserves(b) the banking company shall deposit and keep deposited w ith the reserve bank either in cash or in the form of unencumbered approved securities, or partly in cash and partly in the form of such securities—(ii) as soon as m ay be after the expiration of each calendar year, an am ount calculated at tw enty per cent, of its profit for th at year in respect of all business transacted through its branches in india, as disclosed in the profit and loss account prepared w ith reference to that year under section 29: provided that any such banking company may at any time replace—(i) any securities so deposited by cash or by any other unencumbered approved securities, or partly by cash and partly by other such securities, so however, that the total amount deposited is not affected;(ii) any cash so deposited by unencum bered approved securities of an equal'value29 (i) a t the expiration of each calendar year every banking company incorporated in india, in respect of all business transacted by it accounts and balancesheetand every banking com pany incorporated outside india in respect of ah business transacted through its branches in india shall prepare w ith reference to th a t y ear a balance-sheet and profit and loss account as on the last w orking day of the year in the fohns set out in the t hird schedule or as near thereto as circum stances adm it;provided th a t in the case of a bankihg com pany incorporated outside india, the profit and loss account m ^y be prepared as on a date not earlier than tw o m onths before the last w orking day of the year(2) the balance-sheet and profit and loss account shall be signed—(a) in the case of a banking com pany incorporated in india, by the m anager or the principal officer of the com pany and w here th ere are m ore than three directors of tjae company, by at least th ree of those directors, or w here th ere are not m ore than three directors, by all the directors, and(b) in the case of a banking com pany incorporated outside india by the m anager or agent of th e principal office of the com pany in india-30 a )audit(ib ) w ithout prejudice to anything contained in the companies act,1 of 1956 1956, or any other law for the tim e being in force, w here the reserve b ank is of opinion th at it is necessary in th e public interest or in the interests of the banking com pany or its depositors so to do, it m ay direct the auditor of th e banking com pany to audit th e accounts of the banking com pany in relation to any transaction or class of transactions speci fied in the order, and th e auditor shall comply w ith such directions and m ake a report of such audit to th e r eserve b ank and forw ard a copy thereof to the compainy(ic) the expenses of^ or incidental to, th e audit of the transaction or class of transactions specified in the order m ade by the reserve b ank shall be borne by the banking company(2) the auditor shall have the powers of, exercise the functions vested in, and discharge th e duties and be subject to the liabilities and penalties imposed on, auditors of companies by section 227 of the companies act, 19561 of 195651 w ithout prejudice to the provisions of the state bank of india act, 1955, or any other enactm ent, the provisions of sections 10, 13 to13 of 195515, 17, 19 to 21a, 23 to 28, 29 excluding sub-section (3) 31, 34, 35, 35a, 36 excluding clause (d) of sub-section (1), 45y to 45zf, 46, to48, 50, 52 and 93 shall also apply, so far as m ay be, to and in relation to the s tate bank of india or any corresponding new bank or a regional application of ccrtain provisions to the state bank of india and other notified ^banksr ural bank or any subsidiary bank as they apply to and in relation to banking companies:provided that—(a) nothing contained in clause (c) of sub-section (i) of section 10 shall apply to the chairm an of the state bank of india or to a m anaging director of any subsidiary bank in so far as the said clause precludes him from being a director of, or holding an office in, any institution approved by the reserve bank;(b) nothing contained in sul^clause (iii) of clause (b) of subsection (i) of section 20 shall apply to any bank referred to in subsection (3), in so far as the said sub-clause (iii) of clause (b) precludes that bank from entering into any commitment for granting any loan or advance to or on behalf of a company (not being a g overnm ent company) in which not less than forty per cent, of the paid-up capital is held (w hether singly or taken together) by the c entral governm ent or the reserve bank or a corporation owned by that bank; and46 or in section 47a shall(c) nothing contained in section apply to—(i) an dfficer of the central governm ent or the reserve bank, nom inated or appointed as director of the state bank of india or any corresponding new bank or a regional rural bank or any subsidiary bank or a banking company; or(ii) an officer of the state bank of india or a corresponding new bank or a regional r ural bnk or « subsidiary bank nominated or appointed as d lx ^ to r of any of the said banks (not being the bank of w hich he is an officer) or of a banking companyf o r m o f p r o f i t a n d l oss a c c o u n t profit and loss account for the year ended expenditure interest, paid cn deposits,borrowings, etcsalaries and allowances and provicent income ♦(less provision made during the year for bad and doubtful debts and other usual or necessary provisions)f u n d interest pnd discountdirectors' and local committee members fees and allr-wancesprovident fundcommission, excxhange and rents brokeragerent, taxes, insurance, lighting, etclaw chargespostage telegrams ?nd stamps and it os f e e s net profit on sale of investments, gold and silver, land premises and other assets (not credited to reserves or any p^rticulpr fund or account)net profit on revaluation cf investments, gold and silver land, premises and other assets not credited to reserves (i any particular fund or account)depriciation on and repairs to the banking company's property income from non-banking assets and prcfit trorn sale of or dealing with such assets other receiptsless (if any)stationery, printing, advertisement, etcloss from sale cf or de^ling with nonbankin assets ^ t o ta lother expenditure balance cf profit♦net loss cn sale or revaluation of investments, geld and silver, land, premises and ether assets, if any, it may be deducted from incomethis form shad be accompanied b> a note containing the following particulars, n^ui cly:^particulars of remuneration relating to managing director/manager or chief executive officer showing separately all payments made or provided during the year in respect of each of the following i'ems and the total of all such items, namely:—(i) salaries, (ii) allowances,(iii) sitting fees,hv) bonus,'^v) employer's contributions to provident fund, pension fund or any other supcr?nnuition fund(vi) payments by way of gratuiiies, pensions or otherwise, in excess of the employer's contiributions and interest thereon, and(vii) the monetary value of any r ther benefits or perquisites e xtracts from the s tate b ank of i ndia a ct, 1955 (23 of 1955) 20 term of office of chairmanmanagingdirector,etc(3) subject to the provisions contained in section 19 and in subsection (5) a director elected under clause (c) of sub-section (i) of section 19 or nom inated under clause (d) of th at sub-section shall hold office for four years and thereafter untill his successor shall have been duly elected or nom inated and shall be eligible for re-election or renom ination(3a) a director appointed under clause ( ^ ) or clause (cb) of sub-section (i) of section 19 shall hold office for such term, not exceeding three years, as the central g overnm ent may specify and th ereafter until his successor shall have been duly appointed, and shau be eligible for re-appointm ent(4) a director nom inated under clause (e) or clause (f) of subsection (1) of section 1& shall hold office during the pleasure of the authority nom inating him(5) the following provisions shall have effect in relation to directors nom inated under clause (d) of sub-section (1) of section 19, to the c entral board reconstituted for the first tim e on or after the commencem ent of the state bank of india (arhendment) act, 1964, namely; —35 of 1964({) if the num ber of such directors holding office at the end of one year from the date of such reconstitution is not more than three, then one of such directors, and if such num ber exceeds three, then tw o of them , shall retire at the end of the said year;(ii) if the num ber of such directors holding office at the end of tw o years from the date of such reconstitution is not more than three, then one of such directors, and if such num ber is four, then tw o of them , shall retire at the end of the said two years;(iii) if the num ber of such directors holding office at the end of three years from the date of such reconstitution is not more than two, then one of such directors shall retire at the end of the said three years;(tv) any such director holding office for a period of four years from the date of such reconstitution sliall retire at the end <jf such period;(v) the director or directors to retire a t the end of each year undter c la u se (i), (it) snd (hi), shall be deteim ined by lotterm of ofee of meailjers ctf ldcal boai^,21 a (1) subject to the provisions contained in this section and in sub-section (2) of section 21, a m em ber of a lbfcai board nom inated under clause (c) of sub-section (1) of section 21 or elected under clause (d) of th a t sub-section shall hold office for two years and thereafter until his successor has been duly nom inated or elected and shall be eligible for re nom ination or re-election, as the case m ay be:provided th at out of the six m em bers nom inated under cwuse (c) of sub-section (1) of section 21, on the constitution of a new local board or the reconstitution of an existing local board for the first tim e on or after the com m encem ent of the state bank of india (amendment) act, 1964, three shall retire at the end of one year and three shall retire at the end of two years from the date of the constitution or, as the case m ay be,, reconstitution of th at local board, and the members to retire at the end of the first yedr sliall be d^erm iried by lot39 t he c entral b oard shall cause th e books of th e s tate b ank <to be closed, and balanced as on th e 31st day of decem ber in each y earbooks to be balanced each yeai)i returns40 (i) the s tate b ank shall furnish to th e c entral g overnm ent and to th e r eserve b ank w ithin three m onths from th e 31st d ay of decem ber, as on w hich its books are closed and balanced its beilanced sheet, together w ith the profit and loss account and the auditors' report and a report by th e c entral board, on the w orking and activities of the s tate b ank during the period covered by the accounts:provided th a t the c entral g overnm ent m ay, aftei' consultation w ith th e r eserve bank, extend the said period of three m onths by such fu rth er period, not exceeding th ree m onths, as it m ay th in k fit42, (!)»»(2) the shareholders present at an annual general m eeting shall be entitled to discuss the balance-sheet and the profit and loss accoim t of th e state bank m ade up to th e previous 31st day of decem ber, the report of th e c entral b oard on the w orking and activities of the s tate b ank for th e period covered by the accounts and the auditors' r ^ o r t on th e balance-sheet and accountsbalancesheetetc, ofstatebankmaybediscussedat generalmeeting50 (1) the c entral b oard m ay, after consultation w ith th e r eserve b ank and w ith the previous sanction of th e c entral g overnm ent m ake regulations, not inconsistent w ith this a ct and the rules m ade thereunder, to provide for all m atters for w hich provision is expedient for th e purpose of giving effect to th e provisions of this actpower of central to make regulations board e xtracts fbom the s tate b ank of india (s ttbsidiary b anks) a ct, 1959 (38 o r 1959)2s (i) subject to th e provisions of sub-section (2), the board d irectors of a subsidiary bank shall consist of th e following: —ofcomposition of the boardof directors(c) not m ore than five directors to be nom inated by th e state b ank of whom not m ore th an three shall be officers of th a t bank;(e) a director, if any, to be nom inated by the c entral g overnm ent in consultation w ith the s tate bankterm of oflbceof directors26 (1) a director of a subsidiary b?mk, if nom inated under clause(b) of sub-section (i) of section 26 or if an officer of the s tate b ank and nom inated under clause (c) or if an c ^ c e r of the c entral g overnm ent and nom inated under clause (c) of th a t sub-section, shall hold office during the pleasure of the authority nom inating him(2) subject to the provisions contained in section 25, a director nom inated under clause (c) of sub-section (i) of th at section and not being an officer of the state bank, a director elected under clause (d) and a director, not being an officer of the central government, nominated under clause (e), of th at sub-section, shall hold office for three years and thereafter until his successor is duly nom inated or elected, as th e case m ay be(2a) a director appointed under clause (ca) or clause (c&) of subsection (1) of section 25 shall hold office for such term, not exceeding three years, as the c entral g overnm ent m ay specify and thereafter until his successor shall have been duly appointed, and shall be eligible for re-appointm ent(3) a director of a subsidiary bank vacating his office shall be eligible for re-nom ination or re-election, as the case m ay be chapter v n a ccounts and a ttdit39 a subsidiary bank shall cause its books to be closed and balanced as on the thirty-first day of december in each yearclosing ofannualaccounts43 (1) a subsidiary bank shall furnish to the state bank, the reserve bank and th e c entral cjovem m ent^returns to be furnished by a sub sidiary bank(a) w ithin three m onths from the 31st day of december as on w hich its books are closed and balanced, its balance-sheet, together w ith the profit and loss account and the auditor's report, and a report by the board of directors on the w orking and activities of the subsidiary bank during the period covered by the accounts; and general nieetings44 (1) » (2) the shareholders present at an annual general m eeting shall be entitled to discuss the balance-sheet and profit and loss account of the bank concerned, m ade up to the previous 31st day of december, the rep o rt of the board of directors on the w orking and activities of that bank for the period covered by the accounts and the auditor's report on the balance-sheet and accounts(3) n othing contained in this section relating to an annual general m eeting shall apply in relation to a subsidiary bank if, as on the previous 31st day of december, all the shares in the issued capital of that bank are held by the s tate b ank61 (i) the s tate b ank m ay, w ith the approval of the r eserve bank, in respect of a subsidiary bank regulations, n o t inconsistent w ith this a ct and the rules m ade thereunder, to provide for all m atters for w hich provision is necessary or expedient for the purpose of giving effect to the provisions of this a c tpower of the state bank to make regula tionse xtracts from the d eposit i nsvbance and credit g uarantee c qrppbation a ct, \ m (47 op 1961)| 6 (1) ||-------------|| board of || directors |(2) (i) a (r ector nom inated under clause (b) or clause (c) of subsection (1) shall hold office during the pleasure of the authority nom inating him ; and(it) a director nom inated under clause (d) or clause (e) of subsection (3), shall hold office for such period not exceeding four years as m ay be specified by the c entral g overnm ent and thereafter until his successor assum es oflbce;| 28 (1) | | '■= | | ||--------------|------|---------|------|-----|(2) the b oard shall cause the books and accounts of the corporation to be balanced and closed as on the 31st day of december, each yearpreparation of balancesheet, etcby corporationregulations5® (1) the b oard m ay, w ith th e previous approval of the reserve bank, m ake regulations not inconsistent w ith this act to provide for all m atters for w hich provision is necessary or expedient for the purpose of giving effect to the provisions of this a ct e xtracts i^iom the industrial d evelopment b ank of i ndia a ct, 1964 (18 of 19w)| 60 (1) - ||--------------|| constitu || tion of || board |(4a) subject to the provisions of sub-section (4), every director nom inated im der sub-clause (hi) or sub-clause (t;) of clause (c) qf su l> s^tio n (2) shau hold office for such te n n i^ot exceeding three years as the c entral g overnm ent m ay specify in this behalf i«- (1) (2) the board shall cause the books and accounts of the fund to be closed and balanced as on the 30th day of june each year, for such other date, as the c entral g overnm ent may, by notification in the official gazette, appoiiit ,21 (1 )counts i and audit of developiient assistance fund(2) the board shall cause the books and accounts of the development b ank to be closed and balanced as on the 30th day of june each yeai' or such other date, as th e central governm ent may by notification in the official gazette, appointpreparation of accounts balancesheete x tra c ts fro m th e b an k in g c om panies (a cq u isitio n and t ransfer of u nderrakings) a ct, 1970 (5 op 1970) chapter ii t ra n sfs? of the undertakings of existing banks3 (1) (2a) n otw ithstanding anything contained in sub-section (2), the paidup capital of every corresponding new bank constituted under sub-section (1) m ay from tim e to tim e be increased by—establishment of corresponding new banks and business thereof(a) such am ounts fis the board of directors of the corresponding new bank may, after consultation w ith the reserve bank and w ith the previous sanction of the central government, transfer from the re serve fund established by such bank to such capital;(b) such am oim t as the central governm ent may, in consultation wuh the reserve bank, contribute to such paid-up capital:ptovided th at the paid-up capital of any such bank shall in no case be in excess of rppees one hundred croresj <> (1) (2) in particular, and w ithout prejudice to the generality of the foregoing power, the said scheme m ay provide for all or any of the following m atters, nam ely:—!power of central govenunent to make scheme(o) the capital structure of the corresponding new bank, so how ever th at the paid-up capital of any such bank shall not be m excess of ru p e ^ one crores;(c) the reconstitution of any corresponding new bank into tw o or m ore corporations, the am algam ation of any corresponding new bank/, w ith any other corresponding new bank or w ith another banking institution, the tran sfer of the w hole or any p art of the under taking of a corresponding new bank to any other banking institution cff th e transfer of the w hole or any p art of th e undertaw ng of any other banking institution to a corresponding new bank;- ♦ (5) on and from th e date of coming into operation of a scheme m ade under this section w ith respect to any of the m atters referred to in clause (c) of sub-section (2) or any m atters incidental, consequential and supplem ental thereto,—((o) the schem e shall be binding on the corresponding new bank or corporations or banking institution, and also on the m em bers, if any, th e depositors, and other creditors and em ployees of each of them and on any other persons having any rig h t or liability in relation to any of them including the trustees or other persons, m anaging or in any o th er m anner connected w ith, any provident fund o r other fim d m aintained by any of them ; i(b) th e properties and assets of the corresponding new bank, or as th e case m ay be, of th e banking institution shall, by virtue of and to th e ex ten t provided in the scheme, stand transferred to, and vested in, and th e liabilities of the corresponding new bank, or, as th e case m ay be, of th e banking institution shall, by v irtu e of, and to th e ex ten t provided in the scheme, stand transferred to, and become the liabilities of, the corporation or corporations brought into exist ence by reconstitution of th e banking institution or th e corresponding new bank, as the case m ay be ■explanation— in this section, "banking institution" m eans a banking com pany and includes the s tate b ank of india or a subsidiary bank chapter v m iscellaneous10 (1) every corresponding new bank shall cause its books to be closure closed and balanced on th e 31st day of decem ber of each y ear and shall accoappoint, w ith the previous approval of the r eserve bank, auditors for the audit of its accountsunte and dfeposal of profits e xtracts from the r egional r ural b anks a ct^ 1976 (21 of 1976) chapter v a ccounts ai>fd a udit19 (1) e very regional r ural b ank shall cause its books to be closed closiire of accand balanced as on the 81st day of decem ber of each year and shall appoint w ith the approval of th e c entral governm ent auditors for audit of its accounts \ <the power to make regulations36 (1) the board of directors of a regional r ural bank may, after consultation w ith the sponsor bank and the reserve bank, and w ith the previous sanction of the c entral government, m ake regulations, not inconsistent w ith th e provisions of this act and the rules m ade there under^ to provide for all m atters for which provision is necessary or expedient for the purpose of giving effect to the provisions of this acte xtract from the b anking c om panies (a cquisition and t ransfer of u ndertakings) a ct, 1980(40 of 1980)♦ ♦ ♦ ♦ chapter ii t ransfer of the undertakings of existing banks3 (i) ♦ (2a) n otw ithstanding anything contained in sub-section (2) the paid-up capital of every corresponding new bank constituted under sub-section (1) m ay from tim e to tim e be increased by—establishment of corresponding new banks and business thereof(a) such am ounts as the board of directors of the corresponding new bank m ay, after consultation w ith the reserve bank and w ith th e previous sanction of the c entral grovemment transfer from the reserve fund established by such bank to such paid-up capital;(b) such am ounts as the c entral governm ent may, in consultation w ith the reserve bank, contribute to such paid-up capital:provided th at the paid-up capital of any such bank shall in no case be in excess of rupees one hundred crores9 (i) ♦ ^ ♦ ♦(2) in particular, and w ithout prejudice to the generality of the foregoing power, the said scheme m ay provide for all or any of the following m atters, nam ely: —power of central government to make schen\p(a) the capital structure of the corresponding new bank, so how ever th at the paid-up capital of any such bank shall not be in excess of rupees one hundred crores(c) the reconstitution of any corresponding new bank into two or m ore corporations, the am algamation of any corresponding new bank w ith any other corresponding new bank or w ith another banking institution, the transfer of the whole or any part of the undertaking of a corresponding new bank to any other barjring institution or the transfer of the w hole or any part of the undertaking of any othet banking institution to a corresponding new bank; chapter v miscetlanbotrs10 (1) every corresponding new bank shall cause its books to be closed and balanced on the 31st day of decenibet of each year alid shall appoint, w ith the previous approval of the r eserve bank, auditors for th e audit of its accountsclosure of accounts ana disposal of profits,power to make regulations19 (1) the board of d irectors of a corresponding new bank may, after consultation w ith the reserve b ank atid w ith the previous sanction of the c entral g overnm ent, m ake regulations, not iriconsistent w ith the provisions of this act or any schem e m ade thereunder^ to provide for all m atters for w hich provision is expedient for the purpose of giving effect to the provisions of this act e xtracts fro m the export-im p o r t bank of in d ia a ct, 1981 (28 of 1981)6 (1)constitution of board(6) any director liditiihdted under sub-clatise (lit) of clause (e) of sub-feection (i) shkll hdld office fbr ^ df tw o yedfs(7) a ny other director nom inated under ttis section shall hold office during the pleasure of the authority nom inating him19 (1) ^ ^ (2) the board shall cause the books and accounts of the e xport d e velopm ent fund to be closed and b ^an ced as on the 31st day of december each year♦ ♦ ♦ accountsanddit ofexportdevelopmelitfund22 (1) (2) the board shall cause the books and accounts of the exim bank to bfe closed atid balanced as on the 31st day 6t decetnbfet each yearpreparation ci accounts and balancesheetpower to make regulations39 (1) the board may, w ith the previous approval of the c entral gk«rerlim€9it, m ake regulations not incolisistetit w ith this act to provide fbr all m atters for w hich |)rovision is necessaty or expedient for the purp b ^ of giving ^ e c t to the provisions of tiiis acte xtracts from the n ational b ank for a griculture and r ural d evelopm e n t a ct, 1981(61 of 1981)management5 (i) (5) subject to the provisions of sub-section (i) and save as otherwise provided in the regulations made under this act, the m anaging d irector shall also have powers of general superintendence, direction and m anagem ent of th e affairs and business of the national bank and m ay also exercise au powers and do all acts and things which may be exercised or done by the n ational bankboard of directors,6 (1) ♦ (2) the c hairm an and other directors shall be appointed by the central g overnm ent in consultation w ith the reserve bank7 (i) ^(2) the directors appointed under clauses (b) to (f) of sub-section(1) of section 6 shall hold office for a term of three years:provided th at such director shall notw ithstanding the expiration of his term continue to hold office until his successor enters upon his officeterm of office of chairman and other directors, retirement and pay ment of fees(5) the c entral governm ent may, in consultation w ith the reserve bank, rem ove the chairm an or any other director referred to in sub-section(2) at any tim e before the expiry of his term of office after giving him a reasonable opportunity of showing cause against the proposed removal46 (1) (2) the board shall cause the books and accounts of the national bank to be balanced and closed as on the thirtieth day of june, each yearpreparation of balancesheet, etc, of national banke x t r a c t s fr o m t h e i n d u s tr ia l r e c o n s tr u c tio n b a n k o f india a ct, 1984(62 of 1984)29 (i) ♦ ♦ k (2) the board shall cause the books and accounts of the fund to be closed and balanced as on the 30th day of june each yearaccounts and audit of recons truction assistance fund(2) t he b oard shall cause the books and accounts of the r econstruction b ank to be closed and balanced as on the 30th day of ju n e each year3 2 (1) 4: prepara tion of accounts and balancesheet69 (i) the board m ay, w ith the previous sanction of the c entral g overnm ent, m ake regulations, not inconsistent w ith the provisions of this act and the rules m ade thereunder, to provide for all m atters for w hich regulations are necessary or expedient for the purpose of giving effect to the provisions of this a ct and of th e rules m ade thereunder4c ^ ♦ ♦power of reconstruction bank to make regulations billfu rth er to am end the n egotiable instrum ents act, 1881, the r eserve bank, of india act, 1934, th e b anking r egulation act, 1949, the state b ank of india act, 1955, the s tate bank of india (subsidiary banks) act, 1959, th e deposit insurance and c redit g uarantee corporation act, 1961, the industrial d evelopm ent bank of india act, 1964, the banking com panies (acquisition and t ransfer of u ndertakings) act, 1970, th e regional r ural banks act, 1976, th e b anking companies (a cquisition and transfer of u ndertakings)' act, 1980, the export- im port b ank of india act, 1981, the n ational b ank for a griculture and r ural d evelopm ent act, 1981 and the industrial reconstruction bank of india act, 1984,(shri s b chavan, minister of finance) | Parliament_bills | de6bdc16-3857-5757-aa2a-ddab43cf5e61 |
bill no 105 of 2018 the real estate (regulation and development) amendment bill, 2018 by dr kirit premjibhai solanki, mp a billto amend the real estate (regulation and development) act, 2016be 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 real estate (regulation and development) amendment act, 2018(2) it shall come into force on such date as the central government may, by notification, in the official gazette, appoint:5provided that different dates may be appointed for different provisions of this act 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 provisionamendment to section 716 of 2016102 in section 7 of the real estate (regulation and development) act, 2016 (hereinafterreferred to as the principal act), in sub-section (1), after clause (d), the following clause shallbe inserted, namely:—"(e) the promoter practices discrimination on the basis of caste, religion, race or sex in the booking or sale or purchase of any plot, apartment or building, in any real estate project or part of it"amendment to section 93 in section 9 of the principal act, for sub-section (7), the following sub-section shall be substituted, namely:—510"(7) where any real estate agent who has been granted registration under this act commits breach of any of the conditions thereof or any other terms and conditions specified under this act or any rules or regulations made thereunder or is found guilty of practicing discrimination on the basis of caste, religion, race or sex in the facilitation of the booking or sale or purchase of any plot, apartment or building in any real estate project or part of it, or where the authority is satisfied that such registration has been secured by the real estate agent through misrepresentation or fraud, the authority may, without prejudice to any other provisions under this act, revoke the registration or suspend the same for such period as it thinks fit:provided that no such revocation or suspension shall be made by the authority unless an opportunity of being heard has been given to the real estate agent"amendment to section 10154 in section 10 of the principal act, after clause (d), the following clause shall be inserted, namely:—"(da) not practice discrimination on the basis of caste, religion, race or sex, in the facilitation of the booking or sale or purchase of any plot, apartment or building, in any real estate project or part of it"amendment to section 22205 in section 22 of the principal act, for the words "social service, public affairs", the words "social service, environment, public affairs" shall be substituted6 in section 32 of the principal act,—amendment to section 32(a) for clause (e), the following clause shall be substituted, namely:—25"(e) measures to encourage construction of environmentally sustainable and affordable housing, with the aim of reducing adverse impact on land, water, air and forest resources during and post the construction of the real estate project, promoting standardisation and use of appropriate construction materials, fixtures, fittings and construction techniques;"; and (b) after clause (i), the following clause shall be inserted, namely:—30(ia) measures to address the prevalence and reduce the use of black money, tax evasion and fraud in the real estate sector and promote digitization of monetary transactions;"amendment to section 417 in section 41 of the principal act, in sub-section (3), for the words "niti aayog", the words "ministry of environment, forest and climate change, niti aayog" shall be substituted statement of objects and reasonsthe real estate (regulation and development) act, 2016 was a historic step to regulate india's problem-ridden real estate sector by ensuring efficiency, transparency and the protection of consumer interests however, certain aspects had remained unaddressedthere is need to insert certain changes in several sections of the parent act with a view to ensuring the prohibition of discrimination on the basis of caste, religion, race or sex in the booking or sale or purchase of any plot, apartment or building, in any real estate project or part of it by a promoter or a real estate agent and including the promotion and encouragement of environmental sustainability while implementing any project as a goal within the actthe bill, therefore, seeks to amend the real estate (regulation and development) act,2016 with a view to include—(a) technical expertise in the domain of environmental sustainability within the real estate regulatory authority;(b) representatives from the ministry of environment, forests and climate change within the central advisory council; and(c) measures to address the prevalence and use of black money in the real estate sector by empowering the real estate regulatory authority to take action against such malpractices hence this billnew delhi;kirit premjibhai solankijanuary 5, 2018 annexure extract from the real estate (regulation and development) act, 2016 [16 of 2016]| | | | | ||------|------|------|------|-----|revocation of registration7 (1) the authority may, on receipt of a complaint or suo motu in this behalf or on the recommendation of the competent authority, revoke the registration granted under section 5, after being satisfied that—| | | | | ||------|------|------|------|-----|(d) the promoter indulges in any fraudulent practices| | | | | ||------|------|------|------|-----|9 (1) | ||----------------|| registration || of real estate || agents |(7) where any real estate agent who has been granted registration under this act commits breach of any of the conditions thereof or any other terms and conditions specified under this act or any rules or regulations made thereunder, or where the authority is satisfied that such registration has been secured by the real estate agent through misrepresentation or fraud, the authority may, without prejudice to any other provisions under this act, revoke the registration or suspend the same for such period as it thinks fit: provided that no such revocation or suspension shall be made by the authority unless an opportunity of being heard has been given to the real estate agent| | | | | ||------|------|------|------|-----|10 every real estate agent registered under section 9 shall— functions of real estate agents(d) facilitate the possession of all the information and documents, as the allottee, is entitled to, at the time of booking of any plot, apartment or building, as the case may be;| ||----------------|| qualifications || of || chairperson || and members || of authority |22 the chairperson and other members of the authority shall be appointed by the appropriate government on the recommendations of a selection committee consisting of the chief justice of the high court or his nominee, the secretary of the department dealing with housing and the law secretary, in such manner as may be prescribed, from amongst persons having adequate knowledge of and professional experience of at-least twenty years in case of the chairperson and fifteen years in the case of the members in urban development, housing, real estate development, infrastructure, economics, technical experts from relevant fields, planning, law, commerce, accountancy, industry, management, social service, public affairs or administration:provided that a person who is, or has been, in the service of the state government shall not be appointed as a chairperson unless such person has held the post of additional secretary to the central government or any equivalent post in the central government or state government:provided further that a person who is, or has been, in the service of the state government shall not be appointed as a member unless such person has held the post of secretary to the state government or any equivalent post in the state government or central government 32 the authority shall in order to facilitate the growth and promotion of a healthy, transparent, efficient and competitive real estate sector make recommendations to the appropriate government of the competent authority, as the case may be, on,—functions of authority for promotion of real estate sector (e) measures to encourage construction of environmentally sustainable and affordable housing, promoting standardisation and use of appropriate construction materials, fixtures, fittings and construction techniques; (i) to render advice to the appropriate government in matters relating to the development of real estate sector; 41 (1) (2) establishment of central advisory council(3) the central advisory council shall consist of representatives of the ministry of finance, ministry of industry and commerce, ministry of urban development, ministry of consumer affairs, ministry of corporate affairs, ministry of law and justice, niti aayog, national housing bank, housing and urban development corporation, five representatives of state governments to be selected by rotation, five representatives of the real estate regulatory authorities to be selected by rotation, and any other central government department as notified ———— a billto amend the real estate (regulation and development) act, 2016————(dr kirit premjibhai solanki, mp)mgipmrnd—290ls(s3)—08-06-2018 | Parliament_bills | 4233dd9c-df5b-527c-9ae4-c9eeb04ffa16 |
bui no 51 ef lite tile scheduled castes and scheduled tribes orders (amendment) bill, 1976 a billto provide for the inclusion in, and the exclusion from, the lists of scheduled castes and scheduled tribes, of certain castes and tribes, for the re-adjustment of' representation of parliamentary and cl88emblll constituencies in so far as such re-adjustment is necessitated by luck inclusion or exclusion and for matters connected therewith be it enacted by parliament in the twenty-seventh year of the republic of india as follows:-1 (1) this act may be called the scheduled castes and scheduled short tribes orders (amendment) act, 1976 title and 5 (2) it shall come into force on such date as the central government may, by notification in the official gazette, appoint mencement z in this act, unless the context otherwise requires-deftni-(a) "census authority" means the registrar general and ex tion • officio census commissioner for india; 10 (b) "commission" means the election commission appointed by the president under article 324 of the constitution; (c) "delimitation act" means the delimitation acif, 1972; 78011972 (d) "delimitation commission" means the delimitation commislion constituted under section 3 of the delimitation act; (e) "last census" means the census held in india 1n 1971; (i) "scheduled castes order" means the constitution (scheduled castes) order, 1950, made by the president under article 341 of the constitution; s (g) "scheduled tribes orders" means the constitution (scheduled tribes) order, 1950 and the constitution (andaman and nicobar islands) scheduled tribes order, 1959, made by the president under article 342 of the constitution; 10 (h) "state" means such states as are included in the scheduled castes order and the scheduled tribes orders, and includes the union territory of the andaman and nicobar islands; 3 the scheduled castes order is hereby amended in the manner and to the extent specified in the first schedule amendment of scheduled castes order 4 the scheduled tribes orders are hereby amended in the manner and to the extent specified in the second schedule amendment of scheduled tribes orders determl is 5 (1) as soon as may be after the commencement of this ad, the nation of ,alatiod as at the last census of the scheduled castes or, as the case population ·may 6e, of the scheduled tribes, in each state shall be ascertained or of sche e at by the ceuaa authority duled ;:~he_ ~2) where by reason of the amendments made by section ,3 or duled tri- 20 sectlon 4-bes, 30 (a) any locality in a state specified in relation to any caste or tribe in any of the parts of the schedules to the orders referred to in the 'said sections 'is varied so as to specify a larger area in relation to such caste or tribe, the census authority shall take into account the population figures of the caste or tribe as ascertained in the last census and in any previous census wherein the population figures of the caste 'or tribe in, respect of the increased area had been ascertained and determine the population of that caste or tribe as on the 1st day of april, 1971 by increasing or decreasing such figures by the proportion in which the general population of tbe state or, as the case may be, the division, district, taluk, tahsil,police station, development block or other territorial division in relation ,to which such caste or tribe has been specified by the said amendments has increased or decreased between the previous census aforesaid and the last census; 3s (b) any caste or tribe which is deemed to be both il scheduled caste and scheduled tribe in relation to a state or part thereof is varied so as to specify such caste or tribe only as a scheduled caste or scheduled tribe in relation to that state or part, the census authority shan take into account the population figures of such scheduled caste and scheduled tribe as ascertained in the last census: provided that it shall not be necessary for the census authority to determine the population of any scheduled caste or tribe as on the 45 1st day of april, 1971, if the po~ation of that caste or tribe was not ascertained at the last census and in any of the previous ,censuses and is, in the opinion of that authority, numerically small explanation-where the population figures of any caste or tribe in respect of any increased area referred to in cl~use (p) ~ been ascer-5 tained in more than one previous census, the census authority jlhall take into account, for thepurpases of that clause, the populationfigpres of such caste or tribe as ascertained in the previous census which is nearest in point of time to the last census (3) the population figures ascertained or determined under sub-10 section (2) shall be notified by the census authority in the gazette of india (4) the population figures so notified shall be taken to be the relevani ,poplllation figures as ascertained at the last census and shall s~perewde any figures previously published; and the figures so notified 15 shall be final and shall not be called in question in any court 6 (1) after the population figures have been notified fer any, state readjustunder section 5, it shall be the duty ef the commission tn make rch ment of amendments as may be necessary without altering the extent of lady con~titu_ constituency a5 determined by the delimitation commission-:;::l;;l'!~ tion com-20 (a) in any order made by the delimitation commission under mission clause (a) or, as the case may be, under clause (b) of section 8 of the delimitation act having regard to the provisions of articles 81, 170, 330 and 332 of the constitution, of section 8 of the delimitation act, and of this act; and 25 (b) in any order made by that commission under section 9 of the said act, for the, purpose of giving proper representation to the schecil~led castes or, as the case may be, to the scheduled tribes of that state on the basis of the number of reserved seats as specified in any order under 30 clause (a), or, as the case may be, under clause (b) of section 8 of the delimitation act as hereunder amended by the commission (2) in making any amendments in any order made under section 9 of the delimitation act, the commission shall, as far as may be nece8-ilary, have regard to the provisions of clauses (c) and (d) of sub-section 35 (1) of that section (3) the commission shall-(a) publish its proposals for the amendments in the gazette of india and the official gazette of the state concerned and also in suoh other manner as it thinks fit; , 40 (b) specify a date on or after which such proposals will be further considered by it; (c) consider all objections and suggestions which may have been received by it before the date so specified; and (d) thereafter make the necessary amendments in the order 1 (1) in the discharge of i118 functions under this act, the commis-s ion shall determine its own procedure and shall ha,ve all the powers of a civil court under the code of civil procedure, 1908, while trying a suit 5 of 1808 in respect of the following mattera, namely:-procedure and powen of the commiasion (a) summoning and enforcing the attendance of witnesses; (b) requiring the production of any document; and 10 (c) requisitioning any public record from any court or office (2) the commission shall have the power to require any person to furnish any information on such points or matters as, in the opinion of the commission, may be useful for, or relevant to, any matter under the consideration of the commission 1 s (3) the commission shall be deemed to be a purposes of sections 34s and 346 of the code of 1973 civil court for the criminal procedure, ~ iii~ &i~ 2 of 197 • expzanation-for the purpose of enforcing the attendance of witnesses, the local limits of the jurisdiction of the commission shall be the 20 limits of the territory of india 8 (1) the commission shall cause the amendments made by it in each of the orders, made by the delimitation commission under section 8 or under section 9 of the delimitation act, to be published in the gazette of india and in the official gazettes of the states concerned publica_ tion of amendment and their date of operation 2s (2) upon publication in the gazette of india, every such amendment ahal!- have the force of law and shall not be called in question in any court (3) as soon as may be after such publication in the gazette of india, every such amendment shall be laid before the house of the people and 30 the legislative ~mblies of the states concerned (4) subject to the provisions of sub-section (5), the readjustment of representation of any territorial constituencies in the house of the people or in the legislative assembly of a state necessitated by any amendments made by the commission in any such order of the delimi-3' tation commission and provided for in such order as so amended shall apply in relation to every election to the house or, as the case may be, to the assembly, held after the publication in the gazette of india under sub-section (1) of such amendments and sball so apply in supersession of the provisions relating to representation contained in the represen-40 tatlon of the people act, 1950, and the original orders made by the 43 f 1900 delimitation commission under sections 8 and 9 of the delimitation act 0 (5) nothing contained in the foregoing sub-sections shall ·dect the representation in the house of the ,people or in the legislative assembly of a state, existing on the date of publication in the gazette of india under sub-section (1) of the amendments made by the commission under s this act 9 (1) the commission may, from time to time, by notification in the certain gazette of india and in the official gazette of the state concernedother powers of 10 (a) correct any printing mistake in any of the orders made by ~~= the delimitation commission under section 9 of the delimitation sion act, and amended under this act, or any error occurring therein from any inadvertent slip or omission; and (b) where the boundaries or the name of any district or any territorial division mentioned in any of the said orders are or is altered, make such amendments as appear to it to be nec~ry or expedient for bringing the orders up-to-date (2) every notification under this section shall be laid, as soon as may be after it is issued, before the house of the people and the legislative assembly of the state concerned 10 all things done, and all steps taken, before the commencement valida-1':> of this act by the census authority for the determination of population tion ot of scheduled castes and scheduled tribes, or by the commission for acts the purpose of readjubtment of constituencies shall, in so far as d?ne prethey are in conformity with the provisions of this act, be deemed to vlous to h bee k d th if h vis! the comave n done or ta en un er ese provisions as suc· pro ons mence-2s were in force at the time such things were done or such steps wer,e ment taken " ~j "~:j~: at the act the first schedule, , (see section 3) in the constitution (scheduled castes) orner, 1950-30 (a) in paragraph 2" for the figures "xvii", the figures "xix" shall be substituted; (b) for paragraph 4, substitu~ 3s "4: any reference in this order to a state or to a district 01' other territorial division thereof shall be construed as· a reference to the state, district or other territorial division as constituted on the 1st day of may, 1976", (c) tor the schedule, substitute-"the schedule :p4r'1'i-~nd41'q pradesh kuruva, 33 madiga dasu, mashteen 1 adi andhra 2 adi dravida 8 anamuk 4 aray mal 5 arundhatiya 6 arwa mala 7 ·batiki 8 bavuri 9 beda jangam, budga jangam 10 bindla 11 byagara 12 chachati 13 chalavadi 14 chamar, meehi, muehi 15 chambhar 16 chandala 17 dakkal, dokkalwar 18 dandasi 19 dhor 20 dam, dombara, paidi, pano 21 ellamalawar, yellatnmalawaddiu 22 ghasi, haddi, relli cbachandl 23 godagali 24 godari 25 gosangi 26 holeya 27 holeya dasari 28 jaggali 29 jambuvulu 30 kolupulvandlu 46 mashti 47 matangi 48 mehtar 49 mitha ayyalvar 50 mundala 51 paky, moti, thoti 52 pambada pambanda 53 pamldi 54 panchama, pariah 55 relli 56 samagara 57 samban 58sapru 59 sindhollu, chindollu part n-assam 1 bansphor 9 kaibartta, j aliya 2 bhuinmali, mali 10 lalbegi 3 brittial bania, bania 11 mahara 4 dhupi, dhobi 12 mehtar, bhangi 5 dugla, pooli 13 muehl, wshi 6 hira 14 namasudra 7 jalkeot 15 patni 8 jhalo, malo, jhalo-malo 16 sutradhar part iii-bihar 1 bantar 5 bhumij (excluding north chotanagpur and south 4s 2 bauri 3 bhogta 4 bhuiya chotanagpur divilions and santa! parganas district) 6 chamar, mochi 7 chaupal 8 dabgar 9 dhobi 5 10 dom, dhangad 11 dusadh, dhari, dharhi 12, ghasi 13 halalkhor 14 hari, mehtar, bhangi 15 kanjar 16 kurariar 17 lalbegi 18 musahar 19 nat 20 pan, sawasi 21 pasi 22 rajwar 23 turi 10 part iv,-gu;arat14 holar, valhar 15 holaya, holer 16 lingader 17 mahar, taral, dhegu megij 1 ager 2 bakad, bant 3 bawa-dedh, dedh-sadhu 4 bhambi, bhambhi, asadaru, is asodi, chamadia, chantar, chambhar, chamgar, haralayya, harali, khalpa, machigar, mochigar, madar, madig, mochi, nalia, telegu mochi, 20 kamati - mochi, r1liligar, rohidas, rohit, samgar 18 mahyavanshi, dhed, dhf dh, vankar, maru vankar, antyaj 19 mang, matang, mbttmadig 20 mang-garudi 21 meghval, meghwal menghvar 22 mukm· 23 nadia, hadi 5 bhangi, mehtar, olgana, rukhi, malkana, halalkbor, lalbegi, balmiki korar, 2s zadmalli 24 pasi 25 sen va, shenva, chenva, sedma, rawat 26 shemalia 27 thori 28 'tirgar, tirbanda 29 turi 6 chalvadi, channayya 7 chenna dasar, hqlaya dasar 8, dangashia 9 dhcllr, kakkayya, kankayya 30 10 garmatang 11 garoda, garo 12 halleer 13 haltiar, haslar, hulasvar, halasvar 30 turi barot dedh barot 3s paltt v-haryana 1 ad dharmi 2 balrniki, chura, bhangi 3 bangali 4 barar, burar, ~rat 40 5 batwal 6 bauria, bawaria 7 bazigar ' 8 bhanjra 9 chatrtar, jatia chamar, 45 rehgar, raigar, ramdasi, ravidasi 10 chanal it dagi 12 darain' so 13 deha, dhaya, vh~' 14 dhanak 15 dhogri dhangri siggi 1ft dumna, mahasha, doom 17 gagra 18 gandhila, gelidn' (sondola 19 kabirpanthi, jul'aha 20 khatik 21 kori, koli 22 marija, marecha 23 mazhabi 24 megh 25 nat 260d 27 pasl 28 perna 35 sarera 36 sikligar 2·9 pherera 34 sapela 30 sanhai 31 sanhal 32 sansi, bhedkut, manesh 33 sansoi 37 sirkiband part vi-himachal pradesh1 ad dharmi 28 hall 2 badhl, nagalu 29 hesl 3 balmiki, bhangi, chuhra, 30 jog! chura, chuhre 31 julaha, julahe, kabirpanthi, 4 bandhe1a keer 5 bangali 6 banjara 7 bansi 8 barad 9 barar, burar, berar 10 batwal' 11 bauria, bawaria 12 bazigar 13 bhanjra, bhadjre 14 chamar,' jatia chamar, rehgar, raigar, ramdast, ravidasit ramdasia, mocld 15 chanal 16 chhimbe, dhobi 17 dagi 18 darain 32 kamoh, dagoli 33 karoaek 34 khatik 35 kori, koli 36 lohar 37 marija, marecha 38 mazhabi 39 megh 40 nat 41 od 42 pasi 43 perna 44 phrera, pherera 46 rehar, rehara 46 sanhai 47 sanhal 48 siansi, bhedkut manesh 49 sansoi 50 sapela i 19 darai, daryai 20 daule, daole 21 dhaki, toori 22 dhanak 23 dhaogrl, dhuai 24 dhogri, dhangri, siggi 25 doom, doomna, dumna, dumne, mahasha 26 gagra 51 sarde, sarera, sarare, siryare, sarehde 52 sikligar ,53 sipi 54 sirkiband 55 teli 27 gandhila, gandil gondola 56 thathiar, thathera 13 bakuda 14 balagal i 1q bandi 16 banjara, lambaqi 17 batbada 18 beda jangam, budga jangam 19 bellara part vii-karnataka 1 adi andhra 2 adi 'dravida 3 adi karnataka 4 adiya (in coorg district) 5 ager 6 ajila 7 anamuk 8 aiay mala 9 arunthathiyar 10 arwa mala 11 bafra 12 bakad, bant 20 bhangl, mehtar, olgana, rukhi malkana halalkhor, lalbegt, balmild, korar, zadmaili 21 bhambl, bhambhi, asadaru, asodi, chamadia, chamar, chambhar, chamgar, haralay ya, harali, khalpa, machi~r 5 moehigar, madar, ma~, moehi, muehi, telegu moehl, kamati moehi, ranigar, rohidas, rohit, samgar 22 bhovi 10 23 bindla 24 byagara 25 chakkiliyan 26 chalavadi, chalvadi, chan· nayya is 27 chandala 28 chenna dasar, holaya dasar 29 dakkal, dokkalwar 30 dakkaliga 31 dhor, kakkayya, kankayya 20 32 dom, dombara, paidi, pano 33 ellarnalwar, yellammalawandlu 34 ganti chores 35 garq(ia, garo 2s 36 godda 37 gosangi 38 halleer 39 halsar, haslar, hulasvar, halasvar 30 40 handi j ogis 41 hasla 42 holar, valhar 43 holaya, holer, holeya 44 holeya dasari 35 45 jaggali 46 j ambuvulu 47 kada'iyan 48 kalladi 49 kepmaris 40· 50 kolupulvandlu 58 machala 59 madari 60 madiga 61 mah&r, taral, dhegu megu 62 mahyavanshi, dhed, vankar maru vankar 63 maila 64 mala 65 mala dasari 66 mala hannai 67 mala j angam 68 mala masti 69 mala sale, netkani 70 mala sanyasi 71 man'g, matang, minimadig 72 mang garudi, mang garodi 73 manne 74 masthi 75 mavilan 76 megbval, mengbvar 77 moger 78 mulai 79 mundala 80 nadia, hadi 81 nalkadaya 82 n alakeyava 83 nayadi 84 pale 85 pallan 86 pambada 87 panehama ·b8 panniandi 89 paraiyan paraya 90 paravan 91 raneyar 92 samagara 93 samban 94 sapari 95 sillekyathas 96 sindhollu, chindollu 97 sudugadu siddha 98 thoti 99 tirgar, tirbanda 100 valluvan 51 koosa 52 koraeha 53 korama 54 kotegar, metri 4s 55 kuc\umban 56 kuravan 57 lingader part viii-kerala1 adi andhra so 2 adi dravida s adi karnataka 7 baira 8 bakuda 9 bandi 10 bathada 11 bellara 12 bbaratar i 4 ajila 5 arunthathiyar 6 ayyanavar 39 m~r 40 mundala 41 nalakeyava 42 nalkadaya 43 nayadi 44 padannan 45 pall an 46 palluvan 47 pambada 48 panan 49 panchama 50 paraiyan, parayan, sambavar 51 paravan 52 pathiyan 53 perumannan 54 pulayan, cheramar 55 pulaya vettuvan 56 puthirai vannan 57 raneyar 58 samagara 59 samban 60 semman 61 thandan 62 thoti 63 vallon 64 valluvan 65 vannan 66 velan 67 vetan 68 vettuvan ia boyan texciuding ute areas comprising the malabar dis trict as specified by sub-section (2) of section 5 of the state reorganisation act, 1956 (37 of 1956)] 14 chakkiliyan 15 chamar, muchi 16 chandala 17 cheruman 18 domban 19 gavara 20 godagali 21 godda 22 gosangi 23 hasla 24 holeya 25 kadaiya,n 26kakkalan 27 kalladi ~ kanakkan, padarina 29 karimpalan 30 kavara 31 koosa 32 kootan, koodan 33 kudumban 34 kuravan, sidhanar 35 maila 36 malayan (excluding the hill areas) 37 mannan 38 mavilan part ix-madhya pradesh15 chidar 16 chikwa, chikvi 17 chitar 18 dahait, dahayat, dahat 19 dewar 20 dhanuk 21 dhed, dher 1 audhelia 2 bagri, bagdi 3 bahna, bahana 4 balahi, balai 5 banchada ' 6 barahar,basod 7 bargunda 8 basor, burud, bansor, bansodi, bansphor, basar 9 bedia 10 beidar, sunkar 11 bhangi, mebtar, balmik, lalbegi, dharkar 12 bhanumati 13 chadar 14 chamar, chamari, bairwa, bhambi, jatav, mochi, regar, nona robidas, ramnamf, 58tnami, surjyabanshi, suriya-22 dhobi (in bhopal, raisen and sehore districts) 23 dohor 24 dom, dumar, dome, dqlll8t, doris 4s 25 ganda, gandi 26 ghasi, gbasia 27 holiya 28 kanjar 29 katia, patharia so 30 khatik: 31 koli, korl 38 meghwal 3'9 moghis 40 muskhan 41 nat, kalbelia, sapera, navdigar, kubutar 32 kotwal (in bhlnd, dhar, dewas, guna, gwalior, indore, 5 jhabua, khargone, mandsaur, morena, rajgarh, rlltlam, shajapur, shivpurl, ujjain and vidisha districts) 33 khangar, kanera, mirdha 42 pardhi (in bhind, dhar, dewas, guna, gwalior, indore, jhabua khargqne, mandsaur, morena, rajgarh, ratlam, sm-japur, shivpuri, ujjain and vidisha districts) 43 pasi 10 34 kuchbandhia 35 kurnhar (in chhatarpur, datia, panna, rewa, satna, shahdol, sidhi and tikamgarh rlistricts ) 44 rujjhar 45 sansi, sansia 46 silawat j 5 36 mahar, mehra, mehar 37 mang, mang garodi;' mang garudl, dankhni mang, mang mahaslrl, maciarl, garudi, radhe mang 47 zamral 20 part x-maharashtra25 1 ager 2 anamuk 3 aray mala 4 arwa mala 5 bahna, bahana 6 bakd, bant 7 balahi, balai 8 basor, burud, bansor, bansodi 30 9 beda jangam, budga jangam 10 bedar 3s 40 11 bhambi, bhambhi, asadaru, asodi, chamadia, chamar, chamari, chambhar, chamgar, haralayya, harali, khalpa, machigar mochigar, madar, madig, mochi, telegu mochi, kamati mochi, ranigar, rohidas, nona, ramnami, rohit, samgar, samagara, satnami, surjyabanshi, surjyaramnami 20 ellamalvar, yellammalawandiu 21 ganda, gandi 22 garoda, garo 23 ghasi, ghasia 24 halleer 25 halsar, haslar, hulasvar, hal asvar 26 hoiar, valhar 27 rolaya, holer, holeya, rohya 28 kaikadi (in akaia, amravati, bhandara, buldana, nllgpur, wardha and yeotmal districts and chandrapur district, other than rajura tahsil) 29 katia, path aria , 30 khangar, kanera, mirdha 31 khatik, chikwa, chhwi 32 kolupulvandlu 33 karl 34 lingader 35 madgi 36 madiga 37 mahar, mehra, tarai, dhegu megu 38 mahyavanshi, dhed, vankar, maru vankar 39 mala 40 mala dasari 41 mala hannai 42 mala j angam ', ' 43 mala masti 44 mala sale, netkani 12 bhangi, mehtar, olgnna, rukhi, mnlkana, halalkhor, lalbegi, balmiki, korar, 45 zadmalli 13 bindla 14 byagara 15 chalvadi, channayya 16 chenna dasar, holaya nasar, 50 holeya dasari 17 dakkal, dokkalwar 18 dhor, kakkayya, kankayya, dohor 19 dom, dumar 45 mala sanyasi 46 mang, matang, mtnimadig, dankhni mang, mang mahaw, madari, garudi, radhe mang 47 mang garodi, mang garudi 48 mamle g mashti 51 mitha ayyalvar 52 mukri 53 nadia, hadi 54 pasi 55 sansi 56 shenva, chenva, sedma, ravat 57 sindholl~, chindq1lu 58 tirgar, tlrbanda 50 megbval, menghvar 59 turi part xi-manipur1 dhupi, dhobi 5 patni 2 lois 3 muehl, ravidas 6 sutradbar 4 namasudra 7 yaithibi part xii-meghalaya11 mahara 12 mehtar, bhangi 13 muchi, rishi 14 namasudra 15 patni 16 sutradhar 1 bansphor 2 bhuinmali, mali 3 brittial bania, bania 4 dhupi, dhobi 5 dugla, dholl 6 hira 7 jalkeot 8 jhalo, malo, jhalo-malo part xiii--orissa1 adi andhra 2 amant, arnat 3 audhe1ia 4 badaik 5 bagheti baghuti 6 bajikar 7 bart 8 bariki 9 basor, burud 10 bauri 11 bauti 12 bavuri 13 bedia, bejia 14 beldar 15 bhata it; bhal 17 chaehati 18 chakali 19 chamai', machi, muchi satnami 20 chandala 21 chandhai maru 22 cherua, chhelia 23 danliasi 24 dewar 25 dhanwar 26 dhoba, dhobi 27 dom, dc)mbo, duria dom 28 dosadba 29 ganda 30 ghantargbada, ghantra 31 gb8'si ghasia 32 ghogia 33 ghusuria 34 godagau 35 godart 36 gama '37 gokha 38 gorait, korait 39 haddi, hadi, hari 40 irika 41 jaggali 42 kandra, kandara 43 karua 44 katia 45 kela 46 khadala 71 }jarrlka 72 panka 73 pantanti 74 pap 75 fasi 76 patial, patlkar, patratanti, patua 77 rajna 78 relli 79 sabakhia 47 kodaio, khodalo 43 kori 49 kummari [-0 kurunga 5 51 laban 52 laheri 53 madari 54 madiga 55 mahuria 10 56 mala, jhala, malo, zala 57 mang 58 mangan 59 mehra, mahar (l0 mehtar, bhangi is 61 mewar 62 mundapotta 63 musahar 64 n agarchi 65 namasudra 20 66 paifti 67 painda 68 pamidi l'l9 pan, pano 70 panchama 8(1 samasi 81 sanei 82 sapari 83 sauntia, santi a 84 sidhria 85 slrtduria se siyal 87 tam_sdia 88 'i amudia 89 tania 90 tiar, tior 91 tun 9-2 ujla 93 valamiki, valmiki 25 part xiv-punjab1 ad dharmi 19 kabirpanthi, julaha 2 bcjmiki, chura, bhangi 20 khatik 3 bangall 21 koi i, koll 4 barar, burar, bcrar 22 marjja, marecha 30 5 batwal 23 mazhabi 24 megh 6 bauda, bawaria 25 nat 7 _ bazigar 26 od 8 bhanjra 27 pasi 28 re;'ll& 9 (;hamar, jatia chamar, reh-35 gar, raigar, ramdasi, ravidasi 29 f'hu€ia 10 chanal 30 sanhai 11 dagi 31 sanhal 12 dala'm 32 sansi, bhedkut, manesh 13 deha, dhaya, dhea 33 sansol 34 sapela 40 14 dhanuk 15 dhogri, dhangri, siggi 35 screra 16 dumna, mahasha, doom 36 sikligar 37 sirkiband 17 g:gra 18 galldhila, gandil gondola part xv -ra;asthan| 27 | garo garura, gurda, garooa ||---------------------------|--------------------------------|| 28 | || gavaria | || 29 | || godhi | || 30 | || jingar | 5 || 31 | || kalbelia, | sapera || 32 | || kamad, kamadia | || 33 | || kanj3r, | kunjar || 34 | || kapadia sansi | || 35 | khangar || 10 | || 36 | || khatik | || 37 | || koli, | kod || 38 | || kooch band, kuchband | || 39 | || kolia | || 40 | || madari, bazigar | || is | || 41 | || mahar, taral, dhegumegu | || 42 | || mahyavanshi, dhed, dheda, | || van kar, | maru || 43 | majhabi || 44 | || mang, matang, minimadig | || 20 | || 45 | || mang garodi, mang | garudi || 46 | || megh | meghval, || menghvar | || 47 | || mehar | || 48 | || nat, | nut || 49 | || pasi | || 50 | || rawa] | || 51 | || salvi | || 52 | sadsi || 53 | || santis, | satia || 30 | || 54 | || sarbhangi | || 55 | sargura || 56 | || singiwola | || 57 | || thom, noyak | || 58 | || tirgar, tirbanda | || 35 | || 59 | tari |j adi dharmi 2 aheri 3 badi " bagrl, bagdi 5 b;irwa, berwa 6 bajgar 7 balai 8 bansphor, bansphod 9 baori 10 bargi, vargi, birg! 11 bawaria ]2 bedia, beria 13 bhand 14 bhangi chura, mehtsr, olgana, rukhi, malkanu, halalkhor, lalbegi, balmiki, valmiki, korar, zadmalli 15 bidakia 16 bola 17 chamar, bhambhi, bambhi, bhambi, jatia, jatav, ,tatava mochi, raidas, robidas, reger, raigar, ramdasia, asadaru, asodi, chamadia, chambhar, chamgar, haralayya harsli, khalpa, machi,:1;ar, mochigar, madar, madig telegu meebi kamati moehi, ral'igar, r(lljt, samgar 18 chandal 19 dllbgar 20 dhanak dhanuk 21 dhankia 22 dhabi 23 dholi 24 dome, dom 25 gandia 26 garancha, gancha palit xv i-tamil nadu12 chakkiliyan 13 chalavadi 14 chamar, muchi 15 chandala 16 cheruman 17 devendrakulathan 18 dom, dombara, paidi, pano 19 domban 45 20 godagali 21 godda 22 gosangi 23 holeya 24 j aggau 50 25 jambuvulu 1 adi andhra 2 adi dravida 3 aai kamataka 4 ajila 5 arunthathiyar 6 ayyanavar (in kanyakumari district and shenkottah taluk of tirunelveli district) 7 baira 8 bakuda 9 bandi 10 bellara 11 bharatar (in kanyakumari district and shenkottah taluk of tirunelveli district) 26 kadaiyan 27 kakkalan (in kanyakumari district and shenkottah taluk of tirunelveli district) s 28 kalladi 29 kanakkan, padanna (in the nilgiris district) 10 51 pambada 52 panan (in kanyakumari di~'::' trict and shenkottah taluk of tirunelveli district) 53 panchama 54 pannadi 55 panniandi 56 paraiyan, parayan sambavar 57 paravan (in kanyakumari district and shenkottah ·taluk of tirunelveli district) 58 pathiyan (in kanyakumari district and shenkottah taluk is 30 karimpalan 31 kavara (in kanyakumari custrict and shenkottah taluk of tirunelveli district) 32 koliyan 33 koosa 34 kootan, koodan (in kanyakumari district and shenkottah taluk of tirunelveli district) 35 kudumban 36 kuravan, sidhanar 20 37 madari 2s 38 madiga 39 maila 40 mala 41 mannan (in kanyakumari district and shenkottah taluk of tirunelveli district) 42 mavilan 43 moger 44 mundala 30 45 n alakeyava 46 nayadi 47 padannan (in kanyakumari district and shenkottah taluk of tirunelveli district) 3s 48 pagadai 49 pallan 50 palluvan o~ tirunelveli district) 59 pulayan, cheramar 60 puthirai vannan 61 raneyar 62 samagara 63 sam ban 64 sapari 65 semman 66 thandan (in kanyakwnari district and shenkotlah taluk of tirunelveli district) 67 thoti 68 tiruvalluvar 69 vallon 70 valluvan 71 vannan 72 vathiriyan 73 velan 74 vetan (in kanayakwnari district and shenkouah taluk of tirunelveli district) 75 vettiyan 76 vettuvan (in kanyakumari district and shenkottah taluk of tirunelveli district) part xvii-tripura1 bagdi 2 bhuimali 40 3 bhunar 4 chamar, muchl 5 dandasi 6 dhenuar 4s 7 dhoba 8 dum 9 ghasi 10 gour 11 gur 12 j alia kaibarta 50 13 kahar 14 kalindi 15 kan 16 kanda 17 kanugh 18 keot 19 khadit 20 kharia 21 koch 22 koir 23 kol 24 kora 25 kotal 26 mahisyadas 27 mali 28 mehtor 29 musahar 30 namasuci,ra 31 patni 32 sabar 1 agariya 34 gharami 2 badhik 35 ghasiya 3 badi 36 gond 4 baheliya 37 gual 5 baiga 38 habura 5 6 baiswar 39 hari 7 bajaniya 40 hela 8 bajgi 41 kalabaz 42 kanjar 43 kapariya 10 9 balahar 10 balai 11 balmiki 44 karwa! 12 bangali 45 khairaha 46 kharwar (excluqing benbansi) 13 banmanus 14 bansphor 15 barwar 47 khatik is 16 basor· 48 khorot 17 bawariya 49 kol 18 beldar 50 kori 19 beriya 51 korwa 20 bhantu 52 lalbegi 20 21 bhuiya 53 majhwar 22 bhuyiar 54 mazhabi 23 boria 55 musahar 24 chamar, dhusia, jhusia, 56 nat jatava 57 pankha 25 25 chero 58 parahiya 26 dabgar 59 pasi, tarmali 27 dhangar 60 patari 28 dhanuk 61 rawat 29 dharkar 62 saharya 30 30 dhobi 63 sanaurhiya 31 dom 64 sansiya 32 domar 65 shilpkar 33 dusadh 66 turaiha 14 damai (nepali) 15 dhoba, dhabi 16 doai 17 dom, dhangad 18 dosadh, dusadh, phari, 40 dharhi 19 ghasi 20 gonrhi 21 halalkhor 22 hari, mehtar, mehtor, bhang! 45 23 j alia kaibartta 24 jhalo malo, malo 25 kadar part xix-west bengal 1 bagdi,duley 2 bahella 3 baiti 4 bantar 5 bauri 6 beldar 7 bhogta 8 bhuimali 9 bhuiya 10 bind 11 chamar, charmakar, mochi, muehi, rabidas, ruidas, rishi 12 chaupal 13 dabgar 26 kami (nepali) 43 mal 27 kandra 44 mallah 28 kanjar 45 musahar 29 kaora 46 namasudra 30 karenga, koranga 47 nat 5 31 kaur 48 nuniya 32 keot, keyot 49 paliya 33 khaira 50 pan, sawasi 34 khatik 51 pasi 35 koch 52 patni 10 36 konai 53 pod, poundra 37 konwar 54 rajbanshi 38 kotal 55 rajwar 39 kurariar 56 sarki (nepali) 40 lalbegi 57 sunri (excluding saba) 15 41 lohar 58 tiyar 42 mahar 59 turi" the second schedule (see section 4)chapter i 20 in the constitution (scheduled 'i'rlf)es) order, 1950,-(0) for paragraph 3, substitute-"s any reference in this order to a state or to a district or other territorial division thereof shall be construed as a reference to the state, district, or other territorial division as constituted 25 on the 1st day of may, 1976,"; (b) for the schedule, substitute- "the schedule part i-andhra pradesh16 kondhs, kocli, kodhu, 1>esaya 30 kondhs, dongria kondhs, kuttiya kondhs tikiria kondhs, yenity konans 17 kotia, bentho oriya, bartika, dhulia, dulia, holva, patko, 3s putiya, sanrona, sidhopaiko 18 koya, goud, rajah, rasba koya, lingadhari koya (ordinary), kottu koya, bhine koya, rajkoya 40 19 kulia 20 malis (excluding adilabad, hyaerabad, karimnagar, khammam, mahbubnagar medak nalgonda, nizamahad' and 4~ warangal districts) 21, 14~mn~ dbofa -,, 1 andh 2 bagata 3 bhil 4 chenchu, chenchwar 5 gadabas 6 gond, naikpod, rajgond 7 goudu (in the agency tracts) 8 hill reddis 9 jatapus 10 kammara 11 kattunayakan 12 kolam, mannervarlu 18 konda dhoras 14 konda ka;;>us 15 kc;)d~ar(!ddie 30 thoti (in adilabad, hydera bad, karimnagar, khammam, mahbubnagar, medak, nalgonda, nizamabad and waran gal districts) 31 valmiki (in the alency tracts) 32 yenadis 33 yerukulas 22 mukha dhora, nooks dhora 23 nayaks (in the a'gency tracts) 24 pardhan 25 porja, parangiperja s 26 heddi dhoras 27 rona, rena 28 savaras, kapu savaras, maliya savaras, khutto savaras 29 sugalls, lambadis 10 part n-assamis (xxiv) lhouvun (xxv) lupheng (xxvi) mangjel (xxvii) misao (xxviii) riang (xxix) sairhem (xxx) selnam (xxxi) sing90n (!xlctih sltlhou (xxxiii) sukte (xxxiv) thado (xxxv) thangngeu (xxxvi) uibuh (xxxvii) vaiphei i in the autonomous districts:-1 chakma 2 dimasa, kachari 3 garo 4 hajong 5 hmar 6 khasi, jaintia, synteng, pnar, war, bhoi, lyngngam 7 any kulai tribes, includ· 20 ing:-(i) biate, biete (li) cbangsan (iii) chongloi (iv) doungei 2s (v) gamalhou 8 lather 9 man (tal speaking) 10 any mizo (lullhai) tribes 11 mildr 12 any naga tribes 13 'pawi 14 syntheng ii in the state of assam excluatng the autonomous districts:-1 barmans in cachar 2 boro, borokachari 3 deori 4 hojai 5 kachari, sonwal 6 lalung 40 7 mech (vi) gangte (vii) guite (viii) hanneng (ix) haokip, haupit (x) haolai (xi) hengna (xii) hongsungh (xiii) hrangkbwal, rangkhol (xiv) jongbe ·(xv) khawchung (xvi) khawathlang, xhothalong '(xvil) khelma (xviii) kholhou (xix) 10pgen (xx) kuki (xx!) lengthang ,(xxii? lbangum (xxiii) lhoujem 8 miri 9 rabha part iii--bihar6 bhumij (in north chotanagpur and south chota· nagpur ,divisions ami santat parganas di$icte) 45 1 abur 2 baigs 3 banjara 4 bathudi 7 binjhia ~ bedl 20 kora 21 korwa 22 lohara, lohra 23mahli 24 mal paharia 25 munda 260raon 27 parha1ya 28 santa! 29 sauria pabaria 8 birhor 9 birjia 10 chero 11 chik baraik 12 gond 13 gorait 14 ho 15 karmali 16 kharia 17 kharwar 18 khond 19 kisan 30 sayar part rv-gujarat15 koli 16 koli dhor, tokre koli, kelcha, kolgha 17 kunbi (in the dangs district) 18 naikda, nayaka, cholivala n ayaka, kapadia nayaka, mota nayaka, nana nayaka 19 padhar 20 paradhi (in kutch district) 1 barda 2 bavacha, bamcha 3 bharwad (in the nesses of the forest of alech, barada anci, gir) 4 bhil, bhil garasia, dholi bhil, dungri bhil, dungri garasia, mewasi bhil, rawal bhil, tadvi bhil, bhagalia, bhilala, pawra, vasava, vasave 5 charan (in the nesses of the forests of alech, baracla and gir) 6 chaudbri (in surat and valsad districts) 7 chodbara 8 dhanka tadvi tetaria, valvi 9 dhodia 10 dubla, talavia, halpati 11 gamit, gamta, gavit, mavchi, padvi 12 gond, rajgond 21 pardhi, advichincher, phanse pardhi (excluding amreli, bhavnagar, jamnagar, junagadb, kutch, rajkot and 25 surendranagar districts) 22 patelia - 23 pomla 24 rabari (in the nesses of the forests of alech, barada and 30 gir) 25 rathawa 26 siddi (in amreli, bhavnag&r, j amnagar, j unagadh, rajkot and surendranagar districts) 35 27 vaghri (in kutch district) 28 varh 29 vitolia, kotwalia, baroc\ia 13 kathodi, katkari, dhor kathodi, dhor katkari, son kathodi, son katkari 14 kokna, kokni, kukna part v-hifnachaz pradesh1 bhot, bodh (1) of section 5 of the pudjab 40 reorganisation act, 1966 ,(31 of 1966) 4 j ad, lamba, khampa 5 kanaura, kinnara 2 gaddi (excluding the territories specified in sub-section (1) of section 5 of the punjab reorganisation act, 1966 (31 of 1966) other than the lahaul and spiti districts) | 6 | lahaula ||-------|------------|| 45 | || 7 | pangwala || 8 | swangla |3 gujjar (excluding the terr~tories specified in sub-section 23 konda kapus 24 koraga 25 kota s 10 is 26 koya, bhine koya, rajkoya 27 kudiya, me1akudi 28 kuruba 29kurumans 30 maha malasar 31 malaikudi 32 malasar 33 malayekandi 34 maleru 35 maratha 36 marati 37 meda 1 adiyan 2 barda 3 bavacha, bamcha 4 bhil bhil garama, dholi bhil, duniri bhil, dungri gerasi~ mewasi bhil, rawal bhil, tadvi bhll, bhagalia, bhilala, pawra, vasava, vasave 5 chenchu, chenchwar 6 chodhara 7 dubia, talavia, halpati 8 gamit, gamta, gavit, mavchi, padvi, valvi 9 gond, naik{:lod, rajgond 10' gowdalu 11 hakkipikki 12 hasalaru 13 irular 20 14 lruliga 15 jenu kuruba 16 kadu kuruba 17 kamrtlara (in south kanara district and kollegal taluk of 25 mysore district) )0 38 nailma, nayaka, cholivala nayaka kapf,tiia nayka, mota n~jaka, hnna nayaka 39 palliyan 40 pantyan 41 pardhi, advio:hulcher, phanse pardhi 42 patelia 43 rathawa 44 sholaga 45 soligaru 46 toda 47 varli 48 vitolia, kotwdlia, barodia 49 yerava 1'8 kaniyan, kanyan (in kollegal taluk of mysore district) 19 kathodi, katkari, dhor kathodi, dhor katkari, son kathodi, son katkari 20 kattunayakan 21 kokna, kokni, kukna 22 koli dhor, tokre koli, ko}, cha, kolgha 3s part vll-keraza45 so 1 adiyan 2 arandan 3 eravallan 4 hill pulaya 5 irular, irulan 6 kadar 7 kammara [in the areas comprising the malabar district as specified by sub-section (2) of section 5 of the states reorganisation act, 1956 (37 of 1956) ] 8 kanikaran, kanikkar 9 kattunayakan 10 kochu velan 11 konda kapus 12 kondareddis 13 koraga 14 kota 15 kudiya, melakudi 16 kurichchan 17 kurumans 18 kurumbas 19 maha malasar 20 malai arayan 21 malai pandaram 22 malai vedan 23 malakkuravan 24 malasar 25 malayan (in the hill areas) 26 malayarayar 27 mannan 28 marati (in hosclrug and kasa· ragod taluks of cannanore district) 29 muthuvan, mudugar, muduvan 30 paueyan 34 ulladan 35 uraly 31 palliyan 32 palliyar 33' paniyan part viil-madhlla pradesh1 agariya 2 andh 3 baiga 4 bhaina 5 bharia bhumia, bhuinhar bhumia, bhumiya, bharia, paliha, pando 35 oraon, dhanka, dhangad 36 panika (in chhatarpur, datia, panna, rewa, satna, shahdol sidhi and tikamgarh districts) 3s pardhan, patharl, saroti 39 pardhi (in bhopal, raisen and sehore districts) ,6 bhattra 7 bhil, bhilala, bsfela, patelia 8 bhil mina 9 bhunjia 10 biar, uiyar 11 binjhwar 12 birhul, birhor 13 damor, d"maria 14 dhanwar 15 gadaba, gadba 16 gonet; arakh, arrakh, agaria, asur, badi maria, bada maria, bhatola, bhimma, bhuta, koilabhuta, koliabhuti, bhar, bisonhorn maria, chota maria, dandami maria, dhuru, dhurwa, dhoba, dhulia, dorla, gaiki, gatta, gatti, gaita, gond gowari, hill maria kandra, kalanga, khatola, koitar, koya, khirwar, khirwara, kucha maria, kuchaki maria, madia, maria, mana, mannewar, moghya, mogia, monghya, mudis, muria, nagarchi, nagwanshi, ojha, r!1j, sonjhari jhareka, thaba, thotya wade maria, vade maria, baroi 17 halba, halbi ls kamar 40 pardhi; bahelia, bahellia, chita pardhi, langoli parohi, 25 phans pardhi, shikari, takankar, takia [in (1) bastar, chhindwara, mandla, raigarh, seoni and surguja districts, (2) baihar tahsil of 30 balaghat district, ,(3) betul ind bhainsdehi tahsils of betul district, (4) bilaspur and katghora tahsils of bilaspur district, (5) durg and balod 3s tahsils of durg district, (6) chowki, manpur and mohala revenue inspictors' circles of rainandgaon district, (7) murwara, patan and 40 sihora tahsils of jabalpur district, (s) hoshangabad and sohagpur tahsiis of hosbangabad district and narsimhapur district, (9) harsud tahsil of 4s khandwa district, (10) bindra-nawagarb, dhamtari and mahasamund tahsils of raipur district) 41 parja so seharia, 42 sahariya, saharia, sehria sosia, sor 43 saonta, saunta 44 &aur 45 sawar, sawara 46sonr 19 karku 20 kawar, kanwar, kaur, cherwa, rathia, tallwar, chattri 21 keer (in bhopal, raisen and sehore districts) 22 khairwar, kondar 23 kharia 24 kondh, khond, kandh 25 kol 1 andh part ix-maharasht1'a 2okamar 2 baiga 3 barda 5 4 bavaeha, bameha 5 bhaina kanwar, rathia, kaur, tanwar 21 kathodi, katkari, dhor kathadi, dhor kathkari, son ka thodi, son katkari 22 kawar, cherwa, chattri 23 khairwar 24 khatia 10 is 8 buria bhumia, bininbar bhumia, pando 7 bhattra 8 bhil, bhil garasia, dholi bhil, dungri bhil, dungri garasia, mewasi bhil, rawal bhil, tadvi bhil, bhagalia, bhilala, pawra, vasava, vasave 9 bhunjia 10 binjhwar 11 birhul, birhor 12 chedhara (excluding akola, amravati, bhandara, bu!-dana, chandrapur, nagpur, wardha, yeotmal, aurangabad, bhir, nanded, osmanabad and parbhani districts) 13 dhanka, tadvi, tetaria, valvi 25 14 dbanwar 15 dhodia 16 dubla, talavia, halpati 17 garnit, gamta, gavit, mavchi, padvi 18 good, raj:gond arakh, ar-30 rakh, agaria, asur, badi maria, bada maria, bhatola, bhimma, bhuta, koi1abhuta, koilabhuti, shar, bisonhorn maria, chota 35 malia, dandami maria, dhw'u, dllurwa, dhoba, dhulia, doria, gaild, gatta, gatti, gaita, gond gowari, hill 4s25 kokna, kokni, kukna 26 kol 27 kolam, mamtervarlu 28 koli dhor tokre koli, koleha, koigha 29 koli mahadev, dongat' !coli 3& koti malhar 31 kandh, khond, k8ildh 32 karku, bopchi, mouasi, njhal, nahul, bondhi, bondey 33 kaya, bhine koy&, rajkoya 34 nagesia, naguia 35 naikda, nayaka, chelivala nayaka, kapadia nayaka, mota nayaka, nana nayaka 36 oraon, dhangad 37 pardhan, pathari, sarot! 38 pardhi; advichincber, phans pardhi, phanse patdhi, langali pardhi, bahelia, bahellia, chtta pardhi, shikari, thankar, takia 39 parja 40 patelia 41 pomia 42 rathawa 43 sawar, sawara 44 thakur, thakar ka thakur, ka thakar, ma thakur, ma thakar 45 thou (in auranpbad, bhir, nanded osmanabad and parbhani custricts and rajura tahsil af chandrapur district) 46 varl1 47 vitalia, katwalia, barodia mariaj~ kandra, kalanga, khatola, n>itar, koya, khirwar, khirwara, kucha maria, kucbaki maria, madia, maria, mana, mannewar, mogh~a, mogia, monghya, mudia, muria, nagarchi, naikpod, nagwansbl, ojha, raj, sonjmri jbarekaj - thatia, thotya, "ade maria, vade maria 19 halba, halbi part x-manipu1' 50 1 aimal 7 hmar 2 anal 8 kabul 3 angami 9 kacha naga 4 chiru 10 koirao 5 chothe 11 kaireng s5 6 gangte 12 kom 22 ralte 23 serna 24 simte 25 suhte 26 tangkhul 27 thadou 28 vaiphui 29 zou 13 lamgang 14 mao is maram 16 maring 17 a:ijy bizo (lulhai) tribes 18 monsang 19 moyon '20 ~aite 21 purum part xi-meghazaya(xix~ kipgen (xx) kuki (xxi) lengthang (xxii) lhangum (xxiii) lhoujem (xxiv) lhouvun (xxv) lupheng (xxvi) mangjel (xxvii) misao (xxviii) riang (xxix) sairhem (xxx) selnam (xxxi) singson (xxxii) sitlhou (xxxiii) sukte (xxxiv) thado (xxxv) thangngeu (xxxvi) uibuh (xxxvii) vaiphei 8 lakher 9 man (tai speaking) 1{) any mizo (lusht) tribes 11 mikir 12 any n aga tribes 13 pawi 14 synteng 1 chalana 2 dimasa, kachari 3 gam 4 hajong 5 hmar '6 lthasi, jaintia, svnteng pnar, war, bhoi, lyngngam 7 any kuki tribes including:-(i) biate, biete (it) changsan (iii) chongloi (iv) dcml!gel (v) gamalhou (vi) gangte (vii) guite (viii) hanneng (ix) haokip, haupit {x) raolai (xi) hengna (xii) hongsungh (xiii) hrankhwar, rangkhol (xiv) jongbe (xv) khawchung (xvi) khawathlang, khothalong (xvii) khelma (xviii) kholhou 4 bathudi 5 bhottada, dhotada 16 desua bhumij 6 bhuiya, bhuyan lobara, 43 lodha 44 madia 45 mahau 46 mankidi 47 mankirdia 48 matya 49 mirdhas 50 munda, munda munda mahalis 51 mundari 520manatya 530raon 54 parenga 55 paroja 56 pentia 57 rajuar 58 santal 23 ho 24 holva 25 jatapu 26 juang 5 27 kandha gauda 28 kawar 29 khatia, kharian 30 kharwar 31 khond, kond, kandha, nan-10 gull kandha, sitha kandha 32 ktsan 33 kol 34 kolah loharas, kol loharas 35 kolba 15 36 koli, malhar 37 kondadora 38 kora 39 korua 40 kotia 20 41 koya 42 kulir 59 saora, savar, saura, sahara 60 shabar, lodha 61 sounti 62 tharua part xiii-r4;gbthan i'7 kokna, kokni, kukna 25 ~li, 8 koii dhor, tokre kolcha, koigha 9 mina 10 naikda, nayaka, cholivala n ayaka, kapadia nay-aka, mota nayaka, nana nayaka 11 patelia 1 bhil, bhil garasia, dholi bhil, dungri bhil, dungn garasia, mewasi bhil, rawal bhil, tadvi bhil, bhagalia, bhilala, pawra, vasava, vasave 2 bhil mina 3 damor, damaria 30 4 dhanka, tadvi, tetaria, valvi -5 garasia (other than rajput garasia) 6 kathodi, katkari, dhor kathodi, dhor katkari, son ka-35 thodi, son katkari 12 seharia, sehria, sahariya part xiv-tamil nadu10 kochu velan 11 konda kapus 12 kondareddis 13 koraga 1 adiyan 2 aranadan 3 eravallan 40 4lrular 45 ~o 14 kota (excluding kanyakuniari district and shenkottah taluk of tirunelveli district) 15 kudlya, melakudi 16 kurichchan 17 kurumbas (in the nil'glri~ district) 18 kurumans , 19 maha malasar - 20 malai arflya~ 5 kadar 6 kammara (excluding kanyakumari district and shenkottah taluk of tinmelveh district) 7 kanikaran, kanikkar (in kanyakumari district and shenkottah taluk of tirunelveii district) 8 kaniyan, kanyan 9 kattunayakan 21 malai pandaram 22 malal vedan 23 malakkuravan 24 malasar s 25 malayall (in pudukottai, north areot, south aroot ~ 'ant!' nhichwapidji ~ ·litis) 26 malayekandi 10 27 mannan 28 mudugar, muduvan 29 muthuvan 30 palleyan sl p61lfyan 3t pawyr 33 paniyan m sholaga 35 too (exe1\ulr!~tkanyakuriull1' dijt:riet and shmlm:ttab taiukof tirunelveli district) ,' 36 uraly part xv-trtpurais (x) ·lalf , ~ (xi) lea\taf (xii) mizel (xiii) namte (xiv) paitu, paite (xv) rangchan (xvi) rangkhole (xvii) thangluya 20 1 bhil 2;- !3hutia 3 chaimal 4 chakma 5 garoo 6 halam 7 jamatia 8 khasia 9 kuki, including the following sub-tribes:-(1) balte (ii) belalhut (iii) chhalya (iv) fun (v) hajango ( vi) j angtei (vii) khareng (viii) khephong (ix) kuntei 10 lepcha 11 lushai 12 mag 13 munda, kaur 14 noatia 15 orang 16 riang 17 santal 18 tripura, tripuri, tippera 19 uchai part xvi-west beng«l20 kora 21 korwa 22 lepcha 23 lodha, kheria, khatia 24 lohara, lohra 25 magh 28 mahali 2"1 mahli i ~ 28 mal pahariya 29 mech 30 mru 31 mund~ 82 nagesia 33 oraon 34 parhaiya 35 rabha 36 santal 37 saurla paharia 38 savar:' 1 abur 2 baiga 3 bedia, bediya 35 4 bhumij 5 bhutia, sherpa, toto, dukpa, kagatay, tibetan, yolmo 6 birhor 7 birjia 40 8 chakma 9 chero 10 chik baraik 11 garo 12 gond 45 13 gorait 14 hajang 15 ho 16 karmali 17 kharwar so 18 khond 19 kisan in the constitution (andamanand nicobar islands) scheduled tribes order, 1959,-' ' \ (4) in paragraph 2,:lor the words "resident in the localities sp,cifted in relatiold to them ill that schedule", the words "resident s in that udion territory" bhaube substituted; (b) for the schedule, substitute- , "the schedule10 3 nicobarese 4 onges 5 sentinelese 6 shom pens" 1 andamenese~ charlar, chari, kora, tabo, do, yere, keele, bea, balawa, bojigiyab, juvtai, kol 2 jarawas statement of objects and reasonsunder the scheduled castes and scheduled tribes orders some communitjes have been specified as scheduled castes or as scheduled tribes only in certain areas of the state concerned and not in respect of the whole, state this has been causing difficulties to members ot these com~ munities in the areas where they have not been so specified the present bill generally seeks to remove these area restrictions however, in cases where continuance of such restrictions were ~iftca1ly recommended by 'the joint committee on the scheduled caste and scheduled tribes orders (amendment) bill, 1967, no change is being eifected the committee had also recommended exclusion of certain communities from the lists of scheduled cas~ and scheduled tribes these exclusions are not being made at present aod such communities are being retained in the lists with the present area restrictions such of the communities in respect of which the joint committee had recommended exclusion on the ground that they were not found in a state are, however, being excluded if there were no returns in respect of these communities in the censuses of 1961 and 1971 2 the proposed amendments in the lists of scheduled castes and scheduled tribes may lead to an increase in the population of these castes and tribes, and consequently, in the number of reserved seats in the lok sabha and certain state legislative assemblies provisions have iherefdre been made in the bill to empower the census authority to reestimate the population of the scheduled castes and the scheduled tribes, and the election commission to re-allocate the reserved constituencies ,-,:'-'- :e _ k brahmananda reddi new delhi; the 12th may, 1976 clause 5 of the bill empowers the census authority to re-estimate th~ ~)opulation of the scheduled castes, or as the case may b~, of the sche-'cluled tribes in each state, while clause 6 of the bill makes a provision 'for the ,re-idjustment of reserved constituencies by the election commis-~iorl the re-estimation of population and the re-adjustment of resfrved 'constituencies 1vill entail expenditure out of the consolidated fund of indi'a it is 'estimated that the expenditure involved will be of the ordet '07 ri & flkhs (non-recurring) during the year lln6-77 there will be no tectktiftgexpendituri co19 in exercise of the powers conferred by clause (1) of article 341 of the 'constitution of india, the president, after consultation with the governors and bajpramukhs of the states concerned, is pleased to make the follow-ing order, namely:-1 this order may be called the constitution (scheduled castes) order, 1950 2 subject to the provisions of this order, the castes, races or tribes or barts of, or groups within, castes or tribes, specified in parts i to xvii of the schedule to this order shall, in relation to the states to which those parts respectively relate, be deemed to be scheduled castes so far as regards members thereof resident in the localities specified in relatic'l to them in those parts of that schedule - - - - 4 any reference in this order, except in parts iv , iva, vila and x of ' the schedule, to a state or to a district or other territorial division thereof, shall ,be construed as a reference to the state, district or other territorial division, constituted as from the first day of november, 1956; any reference in plu'ts iv and vila of the schedule to a state or to a district or other territorial division thereof shall be construed as a reference to the state, district or other territorial division constituted as from the first day of may, 1960; any reference in parts iva and x of, the schedule to a state or to a aistrict or other territorial division thereof shall be construed as a reference to the state, district or other territorial division constituted as from the first day of november, 1966; any reference in part xiv to a state or to a district or other territorial division thereof shall be construed as a reference to the state, district or other territorial division constituted as trom the day aqpointed under clause (b) of section 2 of the state of himachal pradesh act, 19'70 and any reference in parts xv, xvi and xvii to a state shall be construed as a reference to the state constituted as from the day appointed under clause (b) of section 2 of the n(uj~-eatem areas (reorganisation), act, 1971 - tlie schedule part i-andhra pradesh1 throughout the state:-1 chalavadi 3 madiga 2 chamar, meehl c'1t muchi 4 mala 2 'fhroughout the state ezeept hyderabad, mahbubnagar, adilabad, nizamabad, medak, karimnagar, warangal, khammam and nalgonda districts: -kuruva 17 mala dasu 1 adi andhra 15 jambuvulu 2 adi dravida 16 madasi kuruva or madar; 3 arundhatiya 4 bariki 5 bavuri 18 madiga 'dasu and muhteen 6 chachati 19 matangi 7 chandala 20 mundaia 8 dandasi 21 paky or moti 9 dom, dombara, paidi or pano 10 ghasi, haddi or relli cbachandi 22 pambada or pambanda 23 pamidi 24 panchama or pariah 11 godagali 25 belli 12 godari 26 samban 13 gosangi 27 sapru 14 jaggali 28 thoti 3 in the districts of hyderabad, mahbubnagar adilabad, nizamabad, medak, karimnagar, warangal, khammam and nalgonda:-(yellammala-15 mala dasari 16 mala hannai 17 malajangam 18 mala masti 19 mala sale (netkani) 20 mala sanyasi 21 mang 22 mang garodi 23 manne 24 mashti 25 mehtar 26 mjtha ayyalvar 27 samagara 28 sindhollu (chlndollu) 1 anamuk 2 aray (mala) 3 arwa mala 4 beda (budga) jangam 5 bindla 6 byagara 7 chambhar 8 dakkal (dokkalwar) 9 dhor 10 ellamalwar wandiu) 11 holeya 12 holey dasari 13 kolupulvandlu 14 mahar part ii-assamthroughout the state:-1 bansphor 9 kaibartta or ja11ya 2 bhuinmau or mali 10 w1begi 3 brittialbania or bania 11 mahara 4 dh~i or dhobi 12 mehtar or bhangi 5 dugla or dholl 13 muchl or rishi 6 hira 14 namasudra 7 jalkeot 15 patni s jhalo, malo or jhal~malo 16 sutradhar part iii-bihar throughout the state:-3 bhogta 4 chamar or mochi 1 bantar 2 burl 5 chaupal 13 kanjar 6 dabgar 1 kurariar 7 dhobi 15 lalbegi 8 dom or dhangad 16 musahar 9 dusadh, including dhari or dharhi 17 nat 18 pan or sawasi 10 ghasi 19 pasi 11 halalkhor 20 rajwar 12 had, mehtar or bhangi 21 turi 2 in patna and tirhut divisions, and the districts of monghyr, bhagal pur, palaman and pumea:-bhumij 3 in patna, shahabad, gaya and palamau districts:-bbuiya part iv-gujatat1 througbout tbe state except the rajkot division and tbe district at kutch:-10 halsar, haslar, hulasvar or halasvar 11 holar or valbar 12 holaya or holer 13 lingader 14 mahar, taral or dbegu megu 15 mahyavansbi, dhed, vankar or maru vankar 16 mang, matang or minimadig 17 mang-garudi 18 megbval or menghvar 19 mukd 20 nadia or hadi 21 pasi 22 sbenva, cbenva, sedma or rawat 23 tirgar or tirbanda 24 turi 1 ager 2 bakad or bant 3 bbambi, bbambhi, asadaru, asodi, cbamadia, cbamar, cbambbar, cbamg&r, haralayya, harali, kbalpa, machigar, mochigar, madar, madig, telegu mochi, kamati mochi, ranigar, rohidas, robit or samgar 4 bbangi, mehtar olgana, rukbi, malkana, halalkbor, lalbegi, balmiki, korar or zadmalli 5 cbalvadi or channayya 6 chenna dasar or holaya dasar 7 dhor, kakkayya or kankayya 8 garoda or garo 9 halleer , 2 in tbe district of dangs and umhergaon taluka of surat district:-mochi 3 in tbe rajkot division:-1 bawa (dedh) or dedb-sadhu 9 megbwal 14 turi-barot or dedh-barot 15 vankar, dhedh or antyaj 2 bbangi or rukhi 10 senva 3 chamadia 11 shemalia 4 cbamar, nalia or rohit 12 thod 5 dangasbia 13 turi 6 garoda 7 garmatang 8 hadi 4 in the district of kutd:l: 1 bhang! 2 chamar 3 garoda 4 meghwal 5 turi 6 turi-barot part iv a-h aryana1 throughout the state:-1 ad dharmi 2 bangali 3 &rh,' sutar or detar 4 batwal 5 bauria or bawaria 6 bazigar 7 balmiki, chura or ~hangi 8 bhanjra 9 chamar, jatia chamar, rehgar, raigar, ramdasi or ravt dasi 10 chanlll 11 dagi 12 dhanak 13 dumna, mahasha or i>oom, 14 gagra 15 gandhila or gandu gd1\liola 16 kabirpanthl or julaha 17 khatik 18 kori or koli 19 marlja t1t marechl; 20 mazhabi 21 megh 22 nat 23 od 24 pasi 25 perna 26 pherera 27 suhai 28 sanhal 29 sansi, bhedkut or manesh 30 sapela 31 sarera 32 sikligar 33;- sirltibmd 2 thi:oughout the state except in the m8hetldt8gartt mt1 6-tricts:-1 darain 3 sansoi 2 dhogri, dhangtt or siggl 3 in the mahendragarh and jind distrids:-deha, dhaya or dhea part v-ker¢ltl1 throughout the state: 1 chakkiliyan 4 pallan 5 paraiyan, parayan (sbda var) 6~ valluv~ ~ knravan, sidhanar 3 nayadt 2 1 hroughout the state except kasaragod taluk of malabar diatrwt:-1 kanakkan or padanna 2 panan 3 'l hroughout the state except malabar dlstrlet (excludin, kaur8lod taluk) -paravan 4 rhroughout the state zcept malabar district:-1 ayyanavar 3 boyan 2 bharatar 4 domban 14 thandan 15 ulladan 16 uraly 17 vallon 18 vannan ~ kakkalan 6 kavara 7 kootan (koodan) 8 mannan 9 padannan 10 palluvan 11 pathiyan 19 vel an 12 perumannan 20 vetan 13 pulayan or cheramar 21 vettuvan 5 in malabar district:-1 adi andhra 18 kalladi 2 adi dravida 19 karimpalan 3 adi karnataka 20 koosa 4 ajila 21 kudumban 5 arunthathiyar 22 maila 6 baira 23 mavilan 7 bakuda 24 moger 8 bandi 25 mundala 9 bellara 26 nalakeyava 10 chamar or mochi 27 pambada 11 chandala 28 panchama 12 'cheruman 29 puthirai vannan 13 godageli 30 raneyar 14 godda 31 samagara 15 gosang! 32 samban 16 holeya 33 semman 17 kadaiyan 34 thoti 6 in malabar district (excluding kasaragod taluk):-1 gavara 3 pulaya vettuvan 2 malayan 7 in kasaragoci taluk of malabar district:-1 bathada 3 nalkadaya 2 hasla part vi-madhya pradesh1 in the districts o£ bbind, gird, morena, shivrmri, goona, rajgarh, shajapur, ujjain, ratlam, mandsaur, bhllsa, indore, dewas, dhar, jhabua and nimar (mb):- 1 bagrl or bagdl 2 balai 3 banchada 4 barahar or basod 5 bargunda 6 ·bedia 7 bhangi or mehtar 8 bhanumati 11 dhanuk 12 dhed 13 dom 14 kanjar 15 khatik 16 koii or kori 17 kotwal 18 mahar 19 mang or mang garodi 20 meghwal 21 nat, kalbeiia or sapera 9 chamar, bairwa bhambi, jatav, mochi or regar 10 chidar 22 pardhi 24 sansi 23 pasi 25 zamral 2 in the districts of chhindwara, seoni, betul, jabalpur, sagar, damoh, mandla, hoshangabad, narasimhapur, nimar, balaghat, raipur, bilaspur, durg, bastar, surguja and raigarh:-1 bahna or bahana 2 balahi or balai 3 basor, burud, bansor or bansocii 4 chamar, chamari, mochi, nona, rohidas, ramnami, satnami, surjyabanshi or surjyaramnami 5 dom or dumar 6 ganda or gandi 7 khatik, chikwa or chikvi 8 mang dankhni-mang, manog mahashi, mang-garucii, madari, garudi or radhe-mang 9 mehtar or bhangi 10 sansi 3 in bilaspur district:-audhelia 4 in sagar and damoh districts:-chadar 5 in damoh distrisct:-dahait, dahayat or dahat 6 in the districts of bilaspur, durg, raipur, bastar, suriuja and raigarh:-dewar 7 in sagar district:-dhanuk 8 in balaghat district:-1 dohor 2 h(lliya 3 madgi 9 in the districts of balaghat, bilaspur, durg, raipur, surguja, baster apd raigarh:-ghasi or ghasia 10 in balaghat, betui, bilaspur, durg, nimar, raipur, bastar, surguja anc! raigarh districts; in hoshangabad and seoni-malwa tahsils of hoshangabad district; in chhindwara district and in sagar district:-katia or patharia 11 in sagar and damoh districts and in hoshangabad and seoni-malwa tahsils of hoshangabad district:-khangar, kanel'a or mirdha 12 in chhindwara, seani, betul, jabalpur, narasimhapur, sa«ar damoh mandla, nimar, balaghat, raipur, durg, bastar surguja and raigarh districts; and in hoshangabad district except hards ~d sohagpur tahsils thereof:-korl 13 in chhindwara, seoni, betul, jabalpur, naraainha"ur, sagat, damoh, mandla, nimar],balaghat, raipur, bilaspur, durg, bastar, surguja and raigarh districts; and in hoshangabad district except harda and sohagpur tahsils thereof:-mahar or mehra 14 in sohagpur tahsil of hoshangabad district:-rujjhar 15 in the districts of datia, tikamgarh, chhatarpur, panna, satna, rewa, sidhi and shahdol:-1 basor or bansphor 8 ghasia 2 beldar or sunkar 9 kuchbandhia 3 chamar, ahirwar, chamar 10 kumhar mangan mochi or raidas 11 mehtar, bhangi or dbanuk 4 dharkar, balmik or lalbegi 12 moghia 5 dher 13 muskhan 6 dom 14 pasi 7 domar or dods 15 sansia or bedia 16 in the districts of raisen and sebore:-1 balahi 10 dome 11 kanjar 12 khatik 2 bansphor or basor 3 basar 4 bedia 13 koii or k3tia 5 beldar 14 mang 6 chamar, jatav '>f mochi 7 chitar 15 mehar 16 mehtar or bhangi 17 pasi 8 dhanuk 18 sansia 9 dhobi 19 silawat part vii-tamil nadu1 throughout the state:-1 chalcldliyan 2 kuravan, sidhanal' 3 nayadi 4 pallan 5 paraiyan, farayan (sambai var) 6 valluvan 2 throughout the state except kanya kumari district and shencottah taluk of tirunelveli district:-1 adi andhra 2 adi dravida 3 adi karnataka 4 ajila 5 arunthathiyar 6 baira 1 bakuda 8~ bandi 9 bellara 10 chalavadi 11 chamar or iviuchi 12 chandala 13 cheruman 14 devendrakulath:m 15 dom, domb::u'u, paidi or pano 16 godagali 17 godda 18 gosangi 19 holeya 20 jageali 21 jambuvulu 22 kadaiyan 23 kalladi 24 karimpalan 25 koosa 26 kudumban 27 madan 28 madiga 29 maila 30 mala 31 mavilan 32 moger 33 mundala 34 nalakeyava 35 pagadai 36 pambada 37 panchama 38 panniandi 39 puthirai vannnn 40 raneyar 41 samagara 42 samban 43 sapari 44 semman 45 thoti 46 tiruvalluvar ! 3 in the nilgiri district:-kanakkan or padanna 4 in coimbatore and salem districts:-1 pannadi 2 vathiriyan 5 in kanya kumari district and shencottah tal uk of tirunelveli district:-~ 1 ayyanavai-12 pathiyan 2 bharatar 13 perumannan 3 domban 14 pulayan or cheramar 4 kakkalan 15 thandan 5 kavara 16 ulladan 6 koot~n (koodan) 17 uraly 7 mannan 18 vall on 8 padannan 19 vannan 9 palluvan 20 velan 10 panan 21 vetan 11 paravan 22 vettuvan 6 in tanjore district:-1 koliyan 2 vettiyan part viia-mahatashtra1 throughout the state except the districts o~ buldana, alcola, amravati, yeotmal, wardha, nagpur, bhandara, chanda, aurangabad, parbhani, nanded, bhir, osmanabad and rajura:-10 halsar, haslar, hulasvar or halasvar 11 holar or valhar 12 holaya or holer 13 lingader 14 mahar, tarnl ot dhegu megu 15: mahyavanshi, dhed, vankar or maru vankar 1 ager 6 chenna dasat or holaya 2 baked or bant dasar 3 bhambi bhambhi, asadaru 7 dhor, kakkayya 01 kankayya asodi chamadia, chamar, ~ garoda or garo chambhar, chamgar, hpra-9 halleer layya, harali, khalpa, machigar, mochigar, madar madig, mochi, telegu mochi, kamati mochi ranigar, rohidas, rohit or sam gar 4 bhangi, mehta!", olgana, rukhi, malkana~ halalkhor, lalbegi ba~miki, korar or zadmalli 5 chalvadi or channayya 16 mang, matang or minirnadig 21 pasi 17 mang-garudi 18 meghval or menghvar 22 shenva, chenva, sedma or ravat 19 mukri 23 tirgar or tirbanda 20 nadia or hadi 24 turi 2 in the districts of buldana, akola, amravati, yeotmal, wardha, nag,::mr, bhandara and chanda:-1 bahna or bahana 2 balahi or balai 3 basor, burud, bansor or bansodi 4 chamar, chamari, mochi, nona, rohidas, ramnami, satnami, suflyabanshi or surjyaramnaml 5 dom or dumar 6 dohor 7 ganda or gandi 8 ghasi or ghasia 9 kaikadi 10 katia or patharia 11 khatik, chikwa or chikvi 12 madgi 13 mahar or mehra 14 mang, dankhni-mangl mang mahashi, mang-garuai, madari, garudi or rad~mang 15 mehtar or bhangj 16 sansi 3 in the districts of akola, amravati and buldana:-bedar 4 in the district of bhandara:-1 chadar 2 holiya 5 in the districts of bhandara and buldana:-khangar, kanera or mirdha 6 in the districts of amravati, bhandara and buldana:-kori 7 in the districts of aurangabad, parbhani, nanded, rajura, bhir and osman~ad:-1 anamuk 2 arya (mala) 3 arwa mala 4 beda (budga) jangam 5 bindla 6 byagara 7 chalvadi 8 chambhar 9 dakkal (dolckalwar) 10 door 11 ellamalwllr (yellammalawandiu) 16 mahar 17 mala l8 mala dasarl 19 mala hannai 20 malajangam 21 mala masti 22 mala sale (netkani) 23 mala sanyasi 24 mang 25 mang garodi 26 manne 27 mashti 26 manne 29 mitha ayyalvar 30 mochi 31 samagara 32 sindhollu (cbindouu) 12 holeya 13 holeya daaql'i 14 kolupulvandlu 15 madiga part viii-karnatgka1 throughout the state excerpt coorg, belgaurn, bijapur, dharwar, kanara, south kanara, gulbarga, raichur and bidar districts and kojlegal taluk of mysore district:-13 machi 14 sillekyathas 1 adi andhra 9 kepmaris 2 adi dravida 10 koracha 3 adi karnataka 11 korama 4 banjara or lambani 12 machala 5 bhovi 6 dakkaliga 7 ganti chores 8 handi j ogis '5 sudugadu siddha 2 in the districts of belgaum, bijapur, dharwar and kanara:-1 ager 2 bakad or bant 3 bhambi, bhambhi, asadaru, asodi, chamadia, chamar, chambhar, chamgar, haralayya, harali, kha1i?a, machigar, mqchigar, madar, madig, machi, telegu mochl, kamati mochi, ranigar, rohidas, rohit or samgar 4 bhangi, mehtar, olgana, rukhi, malkana-, halalkhor, lalbegi balmiki, korar or zadmalli 5 chalvadi or challnayya 6 chenna dasar or holaya dasar 7 dhor, kakkayya or knnkayya 9 halleer 10 halsar, haslar, hulasvar or halasvar 11 holar or valhar 12 holaya or haler 13 lingader 14 mahar, taral or dhegu megu 15 mahyavanshi, dhed, vankar or maru vankar 16 mang, matang or minimadig 17 mang-garudi 18 meghval or menghvar 19 mukri 20 nadia or hadi 21 pasi 22 shenva, chenva, sedma or ravat 23 tirgar or tirbanda 24 turi 8 garoda or garo 3 in kanara district:-kotegar or metri 4 in the districts of gulbarga, bidar and raichur:-(yellammala-19 mala hannai 20 malajangam 21 mala masti 22 mala sale (netkani) 23 mala sanyasi 24 mang 25 mang garodi 26 manne 27 maahti 1 !namuk 14 kolupulvandlu 2 aray (mala) 15 madiga 3 arwa mala 16 mahar 4 beda (budga) jangam 17 mala 5 bindla 18 mala dasari 6 byagara 7 chalvadi 8 chambhar 9 dakkal (dokkalwar) 10 dhor 11 ellamalwar wandlu} 12 holeya 13 holeya dasarl 28 mehtar 31 samagara 29 mitha ayyalvar 32 sindhouu (chindollu) 30 mochi 5 in south kanara district and kollegel taluk of mysore distrir:t:-, 1 adi andhra 27 kudumban 2 adi dravida 28 kuravan 3 adi karnataka 29 madari 4 ajila 30 madiga 5 arunthathiyar 31 maila 6 baira 32 mala 7 bakuda 33 mavilan 8 bandi 34 moger 9 bellara 35 mundala 10 chakkiliyan 36 n alakeyava 11 chalavadi 37 nayadi 12 chamar or muchi 38 pagadai 13 chandala 39 pallan 14 cheruman 40 pambada 15 devendrakulathan 41 panchama 16 dam, dombara, paidi or 42 panniandi pano 43 paraiyan 17 godagali 44 puthirai vannan lb godda 45 raneyar 19 gosangi 46 samagara 20 holeya 47 samban 21 j aggali 48 sapari 22 jambuvulu 49 semman 23 kadaiyan 50 thoti 24 kalladi 51 tiruvalluvar 25 karimpalan 26 koosa 52 valluvan 6 in kollegal tal uk o£ mysore district:-1 pannadi 2 vathiriyan 7 in south kanara district:-1 bathada 3 nalkadaya 2 hasla 4 paravan b in coorg district:-1 adi dravida 7 muehi 2 adi kamataka 8 mundala 3 adiya 9 pale 4 balagai 10 panchama 5 holeya: 11 paraya 6 madiga 12 samagara part ix-orissa1 throughout the state:-1 adi andhra 4 badaik 2 amant or amat 5 bagheti or bagbuti 3 audhelia 6 bajuq>-- ' 7 bari 8 barild 9 basor or burud 10 bauri 11 bauti 12 bavuri ', 13 bedia or bejia 14 beldar 15 bhata 16 bhoi 17 chachati 18 chakali 19 chamar, mochi, muehl or sa,tnami 20 chandala 21 cherua or chhelia 22 chandhai maru 23 dandasi 1 -' 51 laban 52 leheri 53 madari 54 madiga 55 mahuria 56 mala, jhala, malo or zela 57 mang 58 mangan 59 mehra or mahar 60 mehtar or bhangi 61 mewar 62 mundapotta 63· musahar 64 n agarchi 65 namasudra 66 paid! 67 painda 68 pamidi 69 pan or pano 70 panchama 71 panika 72 panke 73 pantanti 74 pap 75 pasi , ' (santia) 24 dewar 25 dhanwar 26 dh~ or dhobi 27 dom, dombo or duria dom 28 dosadha 29 ganda 30 ghantarghada or ghantra 31 ghasi or ghasia 32 ghogia 33 ghusuria 34 godagali 35 godari 36 godra 37 gokha 38 gorait or korait 39 haddi, hadi or hari 4oirika ,', 76 patial, patikar, patratanti or patua 77 rajna 78 relli 79 sabakhia so samasi '81 sanei 82 sapari 83 sauntia 84 sidhria 85 sinduria 86 siyal 87 tamadia 88 tamudia 89 tania ! \ 90 tiar or tior 91 turi 92 ujia 93 valamiki or valmiki 4~ jaggali 42 kandra or kandara 43 karua 44 katia 45 kela 46 khadala 47 kodalo or khqdalo 48 kori 49 kummari 50 kurunga 2 in sambalpur district:-kuli part x-punjab1 throughout the state:-1 ad dharmi 2 bangali 3' barar, burar ql' berar 4 batwal 5 bauria or bawaria 6 bazigar 7 balmiki, chura or bhangl 8 bhanjra 1'/ khatik 18 kort or kou 19 marija q1' marecha 20, mazhabi 21 megb 22 nat 23 od 24 pas! 25 perna 26 pherera 27 sanhai 28 sanhal 29 &nsf, bhedkut or manel:ih 30 sapela 31 sarera 32 s'ikligar 33 sirkiband 9 chamar, jatia chamar r£bgar, raigar, ramdasi or ravidasi 10 chanal 11 dagi 12 dhanak 13 dumna, mahasha or doom 14 gagra 15 gandhila or gandil gondola 16 kabirpanthi or julaha 2 throughout the state exeept the districts of patiala, bhatinda, kapurthala and sangrur:-1 darain 3 sansoi 2 dhogri, dhangri or siggi 3 in the districts of patiala, bhatinda, kapurthala and sangrur:-deha, dhaya or dhea part xi-rajasthan1 throughout the state except ajmer district, abu road taluka ot sire hi district and sunel tappa ot jhalawar district:-1 adi dharmi 17 chandal 2 aheri 18 chura 3 badi 19 dabgar 4 3agr'i 5 bairwa or berwa 6 bajgar 7 balai 8 bansphor 9 bargi, vargi e>r birgi 10 bawaria 11 bedia or beria 12 bhand 13 bhangi 14 bidakia 15 bola 16 chamar, bhambhi jatav, jatia, mochi, raidaii, railar or ramduia 20 dhankia 21 dheda 22 dome 23 gandia 24 garancha, mehtar 'or ganeha 25 garo, garura or gurda 26 gavaria 27 godh1 28 jingar 29 kalbelia 30 kamad or kamadia 31 kanjar 32 kapadia sansi 33 khangar 34 khatik 35 koli or kort 36 kooch band 37 karia 38 kunjar 39 madari or bazigar 40 majhabi ~1 megh or meghwal 42 mehar 46 raws1 47 salvi 48 sansi 49 santia 50 sarbhangi 51 sargara 52 singiwala 53 thon or n ayllk 54 tirgar 55 valmiki (3 mehtar 44 nut 45 pasi 2 in ajmer district:-1 ahen 2 bagri 3 balai 4 bambhi 5 bansphod 6baari 7 barg! 8 bazigar 9 bhangi 10 bidakia 20 kabirpanthi 21 kalbelia 22 khangar 23 khatik 24 koli 25 koria 26: kuchband 27 mahar 28 meghwal 29 nat 30 pasi 31 rawal 32 sarbhangi 33 sargara 34 satia 35 thori 36 tirgar 37 kanjar 38 sansi 11 chamar, jatava, jatia, mochi or raigar 12 dabgar 13 dhanak 14 dhed 15 dhobli 16 dholi 17 dom 18 garoda 19 gancha 20 nadia or hadi 21 pasi 22 shenva, chenva, setlma or ravat 23, tirgar or tirbanda 24 turi 3 in abu road taluka of sirohi district:-1 ager 10 halsar, haslar, hulasvar or 2 bakad or bant halasvar 3 bhambi, bhambhi, asadaru, 11 hq1ar or valhar asocfl, chamadia, chamar, 12 holaya or holer chambhar," cham gar , hara-13 lingader layya, harali, khalpa, machig m hoi m d m d'n 14 mahar, taral or dhegu megu ar, oc gar, a ar, "d !i"o' te1egu mqchi kamati mochi 15 mahyavanshl, dhed, yanka:' ranigar, robidas, hohit or or maru vankar samgar 16 mang, matang or ~inimadig , 4 bhangi, mehtar, ol~ana, rukhi, malkana halalkhar, 17 mang-garudi lalbeg'l, balmiki, karar or 18 meghval or menghval' zadma111 19' mukri 5 chalvadi or channayya 8 chenna dasar or rolaya dasar 7 dbor, kakkayya or krn"" kayya 8 garoda or garo e ha1leer 4 in sunel tai?pa of jhalawar district: - 1 bagri or bagdi 13 dom 2 balai i 14 kanjar 3 bancbada 15 khatik 4 barahar or basod 16 kali ar kart 5 bargunda 17 kotwal 6 bedia 18 mahar 7 bhangi or mehtar 19 mang or mang-garodi 8 bhanumati 20 meghwal 9 chama b · bh b' 21 nat, kalbelia or sa'"erz - r a'1l'wa, al0 1, r jatav, mqchi or regar 22 pardhi 10 chidar 23 pasi 11 dhanuk 24 sansi 12 dhed 25 zamral part xti-urtnr prodesh1 throughout the state;-j3 dusadh 34 gharami , " 1 agariya 2 badi 3 badhik 4 baheliya 5 baiga 6 baiswar 7 bajaniya 8 bajgi 9 balahar 10 balai 11 balm'iki 12 bangali is banmanus ~~ ghasiya 36 gual 37 habura ·30 hart 3li hela 40 kalabaz -11 kanjar 4l kapariya 43 karwal 41 khairaha 45 kharot , 47 }(hatik ' 48 kal 41l karwa f·o lalbegi 51 majhwar ;:;::; mazhabi 53 muo;ahar 54 nat 53 pankha 56 parahiya ~\ 7 pas! ar tamiali 58 'patari 59 rawat 14 bansphor 46 kharwar excluding benbansl 15 barwar 16 basar 17 bawariya 18 beldar 19 beriya 20 bhantu 21 bhuiya 22 bhuyiar 23 boria 24 chamar, dhusia, jhusia or jatava 25 chero 26 dabgar 27 dhangar za dhanuk 29 dharkar 30 dhobi s1dom 32~r go saharya 61 sanaurhiya 62 sansiya 63 shilpkar 64 'iuraiha 2 throughout the state l!~lud{ftg agra, m~rut and rohilkhand divisions:-korl 3 in bundelkhand division and the portion of mirzapur district south of kaimur range:-gond part xiii-west bengal1 throughout the state:-6 ghasi 7 lalbegi ft musahar 9 pan or sawasi 10 pasl 11 rajwar 12 'iurl 1 baurl 2 chamar, charm-kar mochi, muchi, rabidas, huidas or fdshi 3 dhoba or dhabi 4 dam or dhangqd :; do;sadh or dusadh :1cluding dhari ~ dharhi 2 throughout the state except in the purulia district and the terri tories transferred from the purnea district of bihar:-l2 l\haira la khatik 24 k~h 25 konai "\' ·f 1 bagdi or duley 2 bahelia 3 baiu 4 beuya 5 bedar 6 bhuimali 7 bhuiya 8 bind 9 damai (nepali) 10 doai 11 gonrh!i 12 harl 13 j alia kaibartta 14 jhalo malo or m~o 15· kadar 16 kami (nepali) 1'; kandra 18 kaora :l~ konwar, 27 kotal ' t, 28 lohar 29 mahar !j 30 mal ~ 31 mallah , 32 mehtor , 33 namasudra 34 nuniya 35 paliya 36 patni 37 pod or poundra 38 rajbanshl 39 sarld (nepali) 19 karenga or koranga 40 sunr! excluding saha 20 kaur 41 tiyar ~ ~ 21 keot or keyot , 3 in the punilia district anc\ the territories transferred from the purnea district of bihar:-1 bantar 5 halalkhor 2 bhogta ; 6 hari, mehtar or bhangi - i 7 kanjar 3 chaupal 8 kurariar 4 dabgar 9 nat 4 in the territories transferred from the pumea district of bihar:-bhumij , 11 \ 1 throughout the state except the territories specified in sub-section (1) of sedion 5 of the punjab reorganisation act, 1966 (31 of 1966):-27 hesi 28 jogi 29 julahe 30 kabirpanthi, julaha or keer 31 kamoh or dagoli 32 karoack 33 khatik 34 koli 35 lahar 36 mazhabi 37 megh 38 nat 390d 40 pasi 41 phrera 42 rehar 43 rehara 44 sansi 45 sapela 46 sarde, sarare or siryare 47 sarehde 48 sikligar 49 sipi 50 sirkiband 51 teli 52 thathiar or thathera 1 ad-dharmi 2 badhi or nagalu 3 bandhela 4 balmiki, chura or bhangi 5 bangau 6 banjara 7 bansl 8 barad 9 barar 10 batwal 11 bawaria 12 bazigar 13 bhanjra 14 chamar, mochi, ramdasi, ravidasi or ramr1,asia 15 chanal 16 chhimbe (dhobi) 17 chuhrc 18 dagi 19 daole 20 darai or daryai 21 daule 22 dhaki or toori 23 dhaogri or dhuai 24 doom or doomna 25 dumne (bhanjre) 26 hall 2 in the territories specified in sub-section (1) of section 5 of the punjab reorganisation act, 1966 (31 of 1966):-18 kabirpanthi or julaha 19 khatik 20 kori or koli 21 marija or marecha 22 mazhabi 23 megh 24 nat 25 od 26 pasi 27 perna 28 pherera 29sanhai ~ 30 sanhal 31 sansoi 32 sansi, bhedkut or manesh 33 s'apela 34 sarera 35 sildigar 36 sirkibanci 1 ad dharmi 2 bangali 3 barar, burar or berar 4 batwal 5 baurla or bawaria 6 bazigar 7 balmiki, chura or bhan'gi 8 bhanjra , a ~chamar, j atia chamar, rehgar, raigar, ram\iasi or ravidasi 10 chanal 11 dagi 12 darain 13 dhanak 14 dhogri, dhangri or siggi 15; dumna, mahasha or doom 16 gagra 17 gandhila or gandil gondola part xv-manipurthroughout the state:-1 dhupi or dhobi 5 patni 2 lois 6 sutradhar 3 muehi or ravidas 7 yaithibi, 4 namasudra part xvi--meghalayathroughout the state:-1 bansphor 9 kaibartta or jallya 2 bhuinmali or mali 10 lalbegi 3 brittial-bania or bania 11 mahara 4 dhupi or dhobi 12 mehtar or bhanji 5 dugla or dholi 13 muchl or rishi 6 hira 14 namasudra 7 jalkeot 15 patni 8 jhalo, malo or jhalo ma:io 16 sutradhar part xvn-tripurathroughout the state:-1 bagdi 20 kanda 2 baiti 21 kanugh 3 bhuimali 22 keot 4 bhunar 23 khadit 5 chamar or muehl 24 kharia 6 dandasi 25 khemcha 7 dhenuar 26 koch 8 dhoba 27 koir 9 duai 28 kol 10 dum 29 kora 11 ghasi 30 kotal 12 gaur 31 mahisyadas 13 gunar 32 mali 14 gur 33 mehtar 15 gorang 34 musahar 16 'jalia kaibarta 35 namasudra 17 kabar 36 patni 18 kalindj 37 sabar 19 kan extracts from the constitution (8cm:duled tribes) orner, 1950 co22in exercise of the powers conferred by clause (1) of article 342 of the constitution of india, the president, after consultation with the governors and rajpramukhsof the states concerned, is pleased to make the following order, namely:-' - - - - 3 any reference in this order, except parts iv and viia of the schedule, to a state or to a district or other territorial division thereof, shall be construed as a reference to the state, district or other territorial division, constituted as from the 1st day of november, 1956; any reference in parts iv and vila of the schedule to a state or t~ a district or other territorial division thereof shall be construed as a reference to the state, district or othcl territorial division cqilstituteri as from the 1 st day of may, 1960; any reference in part xiii to a state or to a district or other territorial division thereof shall be construed as a reference to the state, district or other territorial division constituted a~ from the day a~ pointed under clause (b) of section 2 of the state of himachal pradesh act, 1970 and any reference in parts xiv to xvi to a state shall be construed as a reference to the state constituted as from the day appointed under clause (b) of section 2 of the nqi'th-eastern areas (reorganisation) act, 1971 the schedule part l-andhra pradesh1 throughout the state:-1 chenchu or chenchwar 2 koya or goud with its sub-sects--rajah or rasha koyas, lingadhari koyas (ordinary), kottu koyas, bhine koya and rajkoya 2 throughout the state except hyderabad, mahbubnagar, adilabad, nizamabad, medak, karimnagar, warangal, khammam and nalgonda districts: -11 kulla 12 malis 13 manna dhora 14 mukha dhora or nooka dhorr 15 pw-ja (parangiperja) 16 reddi dhoras 17 rona, rena 18 savaras-kapu savaras, maliya sav81'as ot khutto savaras 19 sugalis (lambadis) 20 yenadis 21 yerukulas 1 bagata 2 gadabas 3 jatapus 4 kammara 5 kattunayakan 6 ·konda dhoras 7 konda kapus 8 kondareddis 9 kondhs (kodi and kodhu) , desaya kondhs, dongria kondhs, kuttiya konqhs, tikiria kondhs and yenity kondhs 10 kotia-bentho oriya, bartika, dhulia or dulia, holva, paiko, putiya, sanrona and sidhopaiko 3 in the districts of hyderabad, mahbubnagar, adilabad, nizamabad, medak, karimnagar, warangal, khamam and nalgonda:-1 andh 2 bhil 3 gond (including nnikpod and rajgond) 4 hill reddis 5 kolam (including mannervarlu) 6 pardhan 7 thoti 4 in the agency tracts~-3 valmiki 1 goudu (goud) 2 nayaks 1 in the autonomous districts:-ichakma 2 dimasa (kachari) 3 garo 4 hajong 5 hmar 6 khasi and jaintia (including khasi, synteng or pnar, war, bhoi or lyngngam) 7 any kuki tribes, including: (i) biate qt' biete (ii) changsan (iii) chongloi (iv) doungel (v) gamalhou (vi) gangte (vii) guite (viii) hanneng (ix) haokip or haupit (x) haolai (xi) hengna (xii) hongsungh (xiii) hrangkhwal or rangkhol (xiv) jongbe (xv) khawchung (xviii) kholhou (xix) kipgen (xx) kuki (xxi) lengthang (xxii) lhangum (xxiii) lhoujem (xxiv) lhouvun (xxv) lupheng (xxvi) mangjel (xxvii) misao (xxviii) riang (xxix) sairhem (xxx) selnam (xxxi) singson (xxxii) sitlhou (xxxiii) sukte (xxxlv) thado (xxxv) thangngeu (xxxvi) uibuh (xxxvii) vaiphei 8 lakher 9 man (tai-speaking) 10 any mizo (lushai) tribes 11 mikir 12 any nagp tribes 13 pawi 14 synteng (xvi) khawthlanll or khothalong (xvii) khelma 3 in the state of assam excluding the autonomous districts:-1 barmans in cachar 6 lalung 2 boro-borokachari 7 mech 3 deori 8 miri 4 hoja:i 9 babha 5 kachari iricluding sonwal part iii-bi1¥lr1 throughout the state:-9 cherq 10 chik baraik 11 gond 12 gora'it 13 ho 14 karmali 15 kharia 16 kharwar 1 asur 2 baiga 3 banjara 4 bathudi 5 bcdia 6 binjhia '7 birhor 8 birjia 17 khond 24 munda 18 kisan 25 oraon 19 kora 26 parhatya 20 korwa 27 santal 21 lohara or lohra 28 sauria paharia 22 mahli 29 bavar 23 mal paharta 2 in the districts of rancht, s'inghbhum, hazaribagh, santa1 pat4ganas and manbhum:-bhumij part iv-gu;arat1 throughout the state except the rajkot division and the districtof kutch:-1 barda 2 bavacha or bamcha 3 bh!l including bhil garasia dholi bhu dungri bhil, dungri garsia mewasi bhil, rawal bhu, tadvi bhil, bhagalia, bhilala, pawra, vasava and vasave 4 chodhara 5 dhanka, including tadvi, tetaria and valvi 6 dhodia 7 dubia, including talavia or halpati 8 gamit or gamta or gavitt including mavchi, pad vi, vasava vasave and valvi 9 gond or rajgond 10 kathodi or katkari, including dhor kathodi or dhor katkari and son kathodi or son katkari 11 koma kokni kukna ; 0 12 koli dhor tokre i<:oli, kolcha or koigha 13 natkda or nayaka including cholivalanayaka kapadia nayaka, mota nayaka and nana nayaka 14 pardhi including advichlncher and phanse pardhi 15 patelia 16 pomla 17 rathawa 18 varli 19 vitolia, kotwalia or barodia 2 in dangs district, kumbi 3 in surat district:-(a) in umbergaon taluka, koli malhar, koli mahade or doftear' o koli; (b) in the other talukas, chaudhri 4 in the rajkot divili(m, stddi 5 in nesses area in the forests of alech gir and barada:-1 bharwad 3 rabari 2 charan 6 in surendranagar district:-padhar 7 in kuu:h diltrkt:-:-,,'l:~'shij i' '; 0 '0' : 'f il , 2~,pb~~, i\,-" a koli l throughqut the state:-1 kadar 2 irular or lrq1ap 3 muthuvan, mudqgar or muduvan 2 throughout the state except malabar district:-1 eravallan ':~ •• ~ playjl 3 kanikaran or kanikkar • kochu ve1an 5 malakkuravao 9 malayan '10mlayarayer 11 mannan 12 palleyan 13 palliyar 6 malai arayan 14 ullarb,, (hill dwellers) 7 malai pandaram 15 ijraly i 8 malai vedan 16 vishavan 3 :in ~bar ciibtrid::-1 aciiyan 2 arandan ,3 kam~ara 4 katt~,qad ~, ~~us 10 kurichchan ll kurwns ;12 !4aha mldasar 18 'malasar h malayekandj 15 palliyan 16 paniyan 11 pulayan ~6 kondareddia "1 koragea 8 kota 9 ~wliyil or 14ewwdi 4 in malabar district (~clu(jing kasaragod taluk):-k~umbas 5 !n kasaragoq taluk ot malabar district:-marati part vi-madhya pradesh1 in the districts of bhind, gird, morena, shivpuri, goona, raj gar , sbajapur ujjain, ratlam, mandsaur, bhilsa (excluding sironj sub-divi-ion) indore dewas, dhar, jhabua and nimar (mb) 1 gqnd 2 korku 3~ 2 in the revenue districts of dhar and jhabua; in the tahsils of sendhwa, barwani, rajpur, kbargone, bhikangaon and maheshwar of the revenue district of nimar; in the tahsil of sailaoa of the revenue district of ratlam:-bhils and bhilalas including barela, patelia and other sub-tdibai 3 in (1) bastar, chhindwara, seoni, mandla, raigartl and surguja districts, (2) baihar tahsil of the balaghat district, (3) betul an~ bhliq-dehi tahjlll of the bmii! ttiltrt!t, (4) bilaspur and katghora tahifi of tat ~ diatrict (8) ~i :aad slnjari tahiila of the our ,~ [ j ,"" murwaa, p siboia· 6e jebalpw~, ,1) hoshangabad and sohagpur taha1la of the hottwlgabad district and narsimhapur district, ('~ hai'lud tahsil of the nimar dtatdet, (9) bindra-nawagarh, dhamhri and mahuamund tahsil! of the hipur diltrict:-mana maimewer moghya or mogia or monihya mudia (muria) nagarchi nagwanshi ojha raj sonjhari jhareka thatia or thotya wade marit 'r vade m~ 13 halba or halbi 14 kamar 15 kawar, kanwar, luur cherwa r4ltjaia, tqwar or chattri 16 khairwar 17 khatia 18 kondh or khond or kandb 19 kol 20 kolam 21 korku, includimg bopchi mouasi nihal or nabqland bondhi or bonde),;, 22 korwa, inc!udina kocuk~ 23 majhwar 24 munda 25 nagesia or nagasia 26 nihal 27 ora on, including d~nka ,~d dhangad 28: pardhan, pather! and seroti 29 pardhi, including baheua o~ bahellia, chita pardhi langoli p~dhit phalli par~ dhi, shikari, takankar apd takia 30 parja 31 ~aonta or saunta 1 andh 2 baiga 3 bhaina 4 bharia-bhumia or bhuinhar-bhumia including pando 5 bhattra 6 bhu 7 bhunjia 8 binjhwar 9 birhul or bil'1tor 10 dhanwar 11 gadaba or gadba 12 gond including-arakh or arrakh agaria asur badi maria or bada maria bhatoia bhimma bhuta, koilabhuta or k,oil,-bhuti bhar bisonhorn maria chota maria dandamai marla' dhuru or dhurwa dhoba dhulia doria gaiki gatta or gatti gaita gond gowari hill maria kandra kalanga khatola koitar koya khirwar or khiri':ara kucha maria kuchaki maria madia (marta) 32 sa war or sawars ' ba ijie ciitric"'ofdatia, a'iumluh chhataq:lrul', panna, ' •• ~~a, sidhi and shabciol: -, ' i, t ) agariya 9 • majhi - 2 bai~a 10 mawasi 3 bhij 11 nat, navdijar saper mil~ 4 biar or biyar 5 bhumiya including bharia and paliha 6 gond, including pathari 7~ khairwar includill8 kondar ·i~kol· (dahait) kubutar 12 panika 13 pao 14 sahariya 15 saur 16 sonr 5 in the districts of raisen and sehore:-1 bhil 6 kol 2 bhilala 7 mogia 3 gond or daroi 8 pardhi 4 karku 9 sahana, soiia or sor 5 keer '8 in sironj sub-division of bhilsa district:-1 bhi! 4 garasia (excludina rajput garasia) 2 bhi! mina 5 mina 3 damor, damaria 6 sehria, sahariya paa" vn-tamil nadu1 throughout the state:-1 throuihout the state:-2 irular (' 2 throughout the state except kanya kumari district and shencottah taluk of tirunelveli diitrict:-j 1 adiylvl 11 kurumans 12 maha malasar 13 malasar 14 malayekandi 15 mudugar or muduvan 16 palliyan 17 paniyan 18 pulayan 19 sholaga 20 tada l 2' aranadan 3 kammara 4;' kattwraoyakan 5 kanda kapus 6 kondareddis 7 koraga 8 kota 9 kudiya or melakudi 10 'kurichchan 3 in north areot, salem and tiruchirapalli distlict:-malayali 4 in coimbatore district and tirunelveli district (except shencottah ; tatuk)~-kaniyan or kanyan 5 in n~giri$ district:-kurumbas ' 6 in kanya kumari district and shencottah taluk: of tirunelveli eli-trict: -1 eravauan~ -' , : 2 hill pulaya 3 kanikaran or kanikkar 4 kochu velan 5 malakkuravan 6 malai arayan 7 malai pandaram 10 malayarayar 11 mannan 12 muthuvan 13 palleyan 14 palliyar 15 ulladan (hill jwellers) 16 uraly 17 vishavan b malai vedan 9 malayan part viia-maharashtra , t ( ' 1 throughout the stilte except the districts of buldllna, akola, amravati, yeotmal, wardha, na~pur, bhandara, chanda, aurangabad, parbhani, nanded, bhir, osmanabad and rajura:-1 barda 10 kathodi or katkari, including dhor kathodi or dhor katkari and son kathodi or son katkari 11 kokna, kokni, kukna 2 bavacha or bamcha 3_ bhil, including bhil garasia, dholi bhil, dungri bhil dungri garasia, mewasi bhit rawal bhil, tadvi bhil, bhfl- '" galtll, bhilala, pawr8, vasava and vasave· 4 chodhara 5 dhanka including tadvi tetaria and valvi 6 dhodia 7 dubla, including talavia or halpati 8 gamit or gamta or gavit, including mavchi, padvi, vasava, vasave and valvi 9 gond or rajgond 12 koli dhor tokre koli, kolcha or kolgha 13 naikda or nayaka, including cholivala nayaka, kapadia nayaka, mota nayaka and nana nayaka 14 pardhi, including advichin cher and phanse pardhi 15 patelia 16 pomia 17 rathawa 18 varli 19 vitolia, kotwalia or barodia 2 in thana district:-koli malhar 3 (a) in ahmedna,gar distdct:-1 akola, rahuri and sangamner talukas (b) in kolaba district:-karjat khalapur, alibagh, mahad and sudhagad talukas (c) in nasik district·-koli mahadev or dangar koll ])lasik, niphad, sinnar, ch~n- > dor, baglan, igatpurl, dlndori and kalvan talukas and surgana and peint mahals i (d) in poona district:-ambegaon, junnar,: khed i mawal and mulshi talukas i and velhe mahal j (~) in thana d1itrict:-bassein, wada, shahapur, thana, muroad, bhivandi,} dahanu, palgbar, jawbar koli mahadev or dodin' &lj and mokhada talukas 4 (a) in ahmedna,gar district:-~; akola, rahuri and sangamner i talukas (b) in kolaba district:-i karjat, khalapur, pen, panvel i and sudhagad talukas and i matheran (c) in n asik district: -'i igatpuri, nasik and sinnar thakur or thakar ijlclud~:a talukas thakur, ka thakar, ida ur ) an<i w!! thikar (d) in poona district:-ambegaon, j unnar, khed and mawal talukas (e) in thana district:-· i thana, kalyan, murbad, bhi-j vandi, bassein, wada, shahapur, palghar, jawhar and mokhada talukas 5 in (1) melghat tahsil of amravati diatrict, (2) ~ou add sironcha tahsils of the chanda district, (3) kelapur, wadi m4 ytotmal tahsils of the yeotmal district:--dhoba dhulia doria gaiki gatta or gatti gaita gond gowari hill maria kandra kalanga khatola koitar koya khirwar or khij'wara kucha maria kuchaki mar~a madia (maria) mana mannewar moghya or mogia or !l408ghya mudia (muria) nag41l'chi nagwanshi ojha raj sonjhari jllm'eka 1 aodh 2 baiga 3 bhaina 4 bharia-bhumia or bhuinhar-bhumia including pando 5 bhattra 6 bhu '7 bhunjia 8 binjhwar 9 birhul or birhor 10 dhanwar 11 gadaba or gadba 12 gond, including:-ankh or arrakh agaria asur badi maria or bada maria ahatola bhimma bhuta, koilabhuta or koilabhuti bhar bisonhorn maria chota maria dandami maria dhuru or dhurwa thatia or thotya wade maria or vade maria 13 halbe or halbi 14 kamar 15 kawar, kanwar, kaur, cherwa, rathia, tantttar or chattri 22 korwa, including kodaku 23 majhwar 24 munda 25 nagesia or nagasia 26 nihal 27 oraon, including dhanka and dhangad 28 pardhan, pathari and saroti 16 khairwar 17 kharia 18 kondh or khond or kandh 19 kol 20 kolam 21 korku including bopchi, mouasi, ~ihal or nahul and bondhi or bondeya 29 pardhi, including baheua or bahellia, chita pardhi, langoli pardhi, phans p8j,'dhi, shikari, takankar and takla 30 parja 31 saonta or saunta 32 sawar or sawara 6 in the districts of aurangabad, parbhani, nanded, rajura, bhir ana osmanabad: -1 andh 2 bhil 3 gond (including naikpod and rajgond) 4 kolam (including mannervarlu) 5 koya (including bhine koy and rajkoya) 6 pardhan 7 thoti part viii-karnataka 1 throughout the state except coorg, belgaum, bijapur, dharwlr kanara, south kanara, gulbarga, raichur and bidar disti'icts and koll~glll tal uk of mysore district:--8 maleru 9 soligaru 1 gowdalu 6 kadukuruba 2 hakkipikki 7 malaikudi 3 hasalaru 4 iruliga 5 jenu kuruba 2 in the districts of belgaum, bijapur, dharwar and kanara: 10 kathodi or katkari, including dhor kathodi or dhor katkari and son kathodi or son katkarl 11 kokna, kokni, kukna 12 koli dhor, tokre koli, kolcha or kolgha 13 naikda or nayaka, including cholivala n ayaka kapadia nayaka, mota nayaka and nana nayaka 1 barda 2 bavacha or bamcha 3 bhil, including bhil garasia, dholi bhil, dungribhil, dungri garasia, mewasi bhu, rawal bhil, tadvi bhil, shagalia, bhilala, pawra, vaeava and vasave 4 chodhara 5 dhanka, including tadvi, tetaria and vilrvi 6 dhodia 14 pardhi, inc'luding advichin· cher and phanse pardhi 15 patelia 16 pomla 17 rathawa 18 varli 19 vitalia, kotwalia or !arocua 7 dubia, including talavia or ha1l;jati a gamit, or gamta or gavit, including mavchi, padvi, v •• -ava, vasave and vlvi t gonci or rajgond 3 in the districts of gulbarga bidar and raichur:-4 koya (including bhme' koye and rlljkoya) 1 bhil 2 chenchu or chenchwar 3 gond (including naikpod and rajgond) 5 thot! 4 in south kanara distric:t and kollegal taluk of mysore district:-1 adiyan 2 aranadan 3 iru1ar 4 kadar 5 kammara 6, kattunayakan 7 konda kapus 8 kondareddis 9 koraga 10 kota 11 kudiya or melakudi 12 kurichchan 13 kurumans 14 maha malasar 15 malasar 16 malayekandi 17 mudugar or muduvan 18 palliyan 19 paniyan '20 pulayan 21 sholaga 22 toda 5 in kollegal ,taluk of mysore district:-kaniyan or kanyan 6 in south kanara district:--marati 7 in coorg district:-4, maratha 5 meda 6 yerava 1 korama 2 kudiya 3 kuruba part ix-oris8athrou£hout the slate:-19 gadaba 20 gandia 21 ghara 22 gond, gondo 23 ho 24 holva 25,jatapu 26 juang 27 kandha gauda 28 kawar 29 kharia or kharian 30 kharwar 31 khond, kond, or :kandha, ,in,cl~d~ng nl!lle1;1li kandba ~, and'sltha kandha 32 kisan 'h r' 1 bagata \ 2 baiga 3 banjara or banjari 4 bathudi ' 5 bhottada or dbotada 6 bhuiya or bhuyan 7 bhumia ,8 bhumij '9 bhunjia 10 binjhal 11 binjhia or binjhoa 12 bjrhor 13 bondo poraja 14 chenchu 15 dal 16 desua bhumij 17 dharua 33 kol , ' ;~ l~· bt~yi" , r 34 kolah-kol-loharas :, , 35 kolha 36 koli, including malhar :n kondadora ~8 kora ~9 korua 40 kotia 41 koya 42 kulis 43 lodha 44 madia 45~ mflhtu 46 mankidi 47 mankirdia 48 matya 49 mitclhas 50 mund~, ¥ufl-da-loha~a or munda mahalis 51 mundari 52 omanatya 53 oraon 54 parenga 55 parqja 56 pentia 57 rajuar 58 santal 59 saara, sav~ ~a\jl'a ?r sabara 60 sqabar or lodha 61 $aunti 62 tluml • p~ilt xi -rajasthan1 throughout the state ~ ajmer district, abu road ~_a of sirohi district and suncl tappa of jhalawar district:-1 bhu 4 garasia (excluding rajput garadb) 2 bhu mina 3 damor, damaria' ~ " 5 mina 6 sehria, sahariya 2 in ajmer district r---2 bhil minb 1 bhil 3 in abu road taluka of sirobi district:·-1 barda 2 bavacha or bamcha 10 kath:tdi or katkari, including dhor kathodi or dhor katkari and ~n l{athodi or son katkari 11 kokna, kokni, kukna 12 koli dhor, tokre koli kolcha or kolgha 3 bhil, including bhu garasia, dholi bhil, dungri bhil, dungri garasia, mewasi bhil rawal bhil; tadvi bhil, bhagalia, bhitll~, pawra, vasa va &nd vasave 4 chodhara 5 dhanka, including tadvi, tetaria and valvi 6 dhodia 7 dubla including talavia or halpati 8 gamit or gamta or gayit, including mavchi, padvi, vasava, vasave and valvi 9 gond or rajgond 13 naikda or nayllka, including ch:>livala nayaka, kapadia nayaka, mota nayaka and nana nayaka ' 14 pudl\i, ,ncludins advichincher and ph~nse pardhi 15 patelia 16 pomla 17 rathawa 18 varli 19 vitolia, kotwalia or barodia 4 in sunel tappa of jhalawar district:-1 gond 2 x'orku 3 seharia , , ~, part xii-wet bmgl1 throughout the state:-5 murda 60raon 7 santal l ho 2 kora 3 lodha, kheria or kharia 4 mal pahariya 2 throughout the state except the territories transferred from the purnea district of bihar:-bhumij 3 throughout the state ezcept in the purulia district ann the· territories transferred from the punea district of bihar:-6 magh 7 mahali 8 mech 9mru 10 ,nl,8eaia 11 babha 1 bhutiaz including sherpa, toto, liukpa kagatay, tibetan and yolmo 2 chakma 3 garo 4 hajang 5 lepcha 4 in the purulia district and the territories transferred from the pumea district of bihar:-1 asur 12 gorait 2 baiga 13 karmali 3 banjara 14 kharwar 4 bathudi 15 khond 5 bedia 16 kisan 6 binjhia 17 korwa 7 birhor 18 lohara or lohra 8 birjia 19 mahli 9 chero 20 parhaiya 10 chik baraik 21 sauria paharia 11 gond 22 savar part xiii-himac~ pradesh1 throughout the state ezcept the territories specified in sub-section (1) of section 5 of the punjab reorganisation act, 1966 (31 of 1966):-4 kanaura or kinnara 5 lahaula ·6 pangwala 1 gaddi 2 gujjar 3 jad, lamba, khampa and bhot or bodh 2 in lahaul and 8r)iti district:-3 bhot or bodh 1 gaddi 2 swangla part xiv-monipurthroughout the state:-1 aimol 3 angami chiru j anal 5 chothe 18 konsan, ' 6 gangte 19 moyon 7 hmar 20 patte 8 kabui 21 purum 9 kacha naga 22 ralte 10 khoirao 23 serna 11 koireng 24 simte ·12 kom 25 suhte 13 lamgang 26 tangkhul 14 any mizo (lu(lhai) tribes 27 thadou 15 maram 28 vaiphui 16 maring 29 zou 17 mao part xv-meghalayathroughout the state:-l chakma 2 dimasa (kachal'i) 3 garo 4 hajong 5 hmar 6 khasi and jaintia (including khasi, synteng or pnar, war, bhoi or lyngngam) (xviii) kholhou (xix) kipgen (xx) kuki (xxi) lengthang (xxii) lhangum (xxiii) lhoujem (xxiv) lhouvun (xxv) lupheng (xxvi) mangjel (xxvii) misao (xxviii) riang (xxix) sairhem (xxx) belnam (xxxi) singsod (xxxii) sitlhou (xxxiii) sukte (xxxiv) thado (xxxv) tbangngeu (xxxvi) uibuh (xxxvii) vaiphei 8 lakher 9 man (tai-speaking) 10 any mizo (lushai) tribes 11 mikir 12 any naga tribes 13 pawi 14 synteng 7 any kuki tribes, including: (i) biate or biete (ii) changsan (iii) chongloi (iv) doungel (v) gamalhou (vi) gmgte (vii) guite (viii) hanneng (ix) haokip or haupit (x) haolai (xi) hengna (xii) hongsungh (xiii) hrangkhwal or rangkhol (xiv) jongbe (xv) khawchung (xvi) khawathlang or khothalong (xvii) khelma part xvi-tripurathroughout the state:-1 lusbai 2 mag 3 kuki, including ,tl»?folu:,wing sub-tribes:-" , ~ ' - (xvii) thangluya 4 chalana 5 garoo 6, chaimal 7 halam 8 khasia 9 bhutia 10 munda including kahf 11 orane 12 lepcha 13 santal 14 bhil 15 tr;,ura or tripuri, tippera 16 jamatia 'l'i nmttia 18 riang 19 uchat (i) balte" (ii) belalhut (iii) chhalya (iv) fun (v) hajango (vi) jangtei (vii) khareng (viii) khephong (ix) kuntei (x) laifang (xi) lentei (xii) mizel (xiii) namte (xiv) paitu paite (xv) rangchan (xvi) ran@hol~ co58 - - - - 2 the tribes or tribal communities, or parts of, or groupe within, tribes or tribal communities, specified in the schedule to this order shall, for the purposes of the constitution, be deemed to be scheduled tribes in relation to the union territory of the andaman and nicobar islands so far as regards members thereof resident in the localities specified in relation to them in that schedule the schedule1 in the andaman islands:-1 andamanese including 2 j arawas chariar or chari, kora, tabo or bo, yere, kede, bea; 3 onges balawa, bojigiyab, juwai and kol 4 sentinelese 2 in the nicobar islands:""';' 1 nicobarese 2 shorn pens a billto prouide for the inclusion in, cmd the •• 1u8ion /rom, the lists of scheduled cans and scheduled tribu, of 1ce'l"t4in cgi'tet gad tribe, fm the re-ad;ustment 01 representation of pcrliamentgt1i and assembly constituencieb in so far as such n-adjudment is mcessitated by such inclusion or exolusion aad for matters connected therewith , (shri k brahmpnanda reddv minibter of home affairs) | Parliament_bills | f2e97893-2b6d-5932-b4ad-484e23141d76 |
bill no 5 of 2015 the prohibition on religious conversion (by inducement or force) bill, 2015 by shri sadashiv lokhande, mp a billto provide for prohibition on religious conversions by inducement or by force and for matters connected therewithbe it enacted by parliament in the sixty-sixth year of the republic of india as follows:—short title and extent1 (1) this act may be called the prohibition on religious conversion (by inducement or force) act, 20155(2) it extends to the whole of india2 no person or institution shall encourage or cause to encourage any person or group of persons to convert religion by inducement or by forceprohibition on religious conversionexplanation—for the purposes of this section, "inducement" includes giving or offering or promising to give cash, imparting free education or giving employment, shelter, food or clothes free of cost3 this act shall not apply to a person who voluntarily converts to another religion or reconverts to his original religionact not to apply in case of voluntary conversionpunishment54 (1) whoever violates the provisions of this act shall be punished with rigorousimprisonment for a term which shall not be less than ten years and a fine which shall not be less than rupees one lakh10(2) if any institution or organisation violates the provisions of this act, the person incharge of the affairs of the organisation or institution, as the case may be, by whatever name called, shall be subject to punishment as provided under sub-section (1) and theregistration of that organisation or institution under any law for the time being in force shall be cancelled forthwith5 notwithstanding anything contained in any other law for the time being in force, noperson or organisation violating the provisions of this act shall be allowed to accept any donation or contribution of any kind from within the country or abroadprohibition on accepting donation or contribution power to make rules6 (1) the central government may, by notification in the official gazette, make rulesfor carrying out the purposes of this act15 20(2) every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both the houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule statement of objects and reasonsreligious conversion is the order of the day inducement of all types is offered and sometimes promise to offer certain things is given certain organisations indulge themselves in encouraging conversion through all ways and means and funds received from abroad and within the country are put to use for these purposesin many parts of the country, it has been witnessed that conversion has been taking place through force forced or induced conversion should be stopped it is, therefore, proposed in the bill to prohibit conversion through force or inducement however, a provision has been made for enabling voluntary conversionthe bill seeks to achieve the above objectivesnew delhi;sadashiv lokhandedecember 23, 2014 memorandum regarding delegated legislationclause 6 of the bill empowers the central government to make rules for carrying out the purposes of this bill as the rules are relating to matters of detail only, the delegation of legislative power is, therefore, of a normal character———— a billto provide for prohibition on religious conversions by inducement or by force and for matters connected therewith————(shri sadashiv lokhande, mp)gmgipmrnd—4338ls(s3)—04-02-2015 | Parliament_bills | 3ceaf411-c6c9-5950-9468-c15b3e312de5 |
bill no 55 of 2015 the maintenance of public cleanliness and waste management bill, 2015 by dr kirit premjibhai solanki, mp a billto provide for proper handling and disposal of household waste by prescribing norms and fixing duties on citizens with regard to maintenance of public cleanliness and for matters connected herewith and incidental theretowhereas decisions were taken at the united nations conference on the human environment held at stockholm in june, 1972, in which india participated, to take appropriate steps for the protection and improvement of human environment;and whereas it is considered necessary further to implement the decisions of aforesaid in so far as they relate to the protection and improvement of environment and the prevention of hazards to human beings, other living creatures, plants and property;be 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 notification in the official gazette, appointdefinitions2 in this act, unless the context otherwise requires,—5(a) "appropriate government" means in the case of a state, the government of that state and in all other cases, the central government;(b) "disposal" means disposal of household waste according to prescribed norms to prevent contamination of the environment and harmful effect on human health;10(c) "municipal authority" means municipal corporation, municipality, nagar palika, nagar nigam, nagar panchayat, municipal council including notified area committee (nac) or any other local body constituted under the relevant statutes and, where the management and handling of municipal solid waste is entrusted to such agency;(d) "prescribed" means prescribed by rules made under this act;15(e) "school" means a school run by the central government or a state government or a local authority or by an authority designated or sponsored by the appropriate government and includes government aided school and recognised aided and unaided private school; and(f) "segregate" means to separate household waste into organic, inorganic, recyclables and hazardous wastes20prohibition on littering3 no person shall throw or dispose of any household waste in public place or on the property of any other person, except in the dustbins or waste collection points demarcated by the municipal authority4 it shall be the duty of every citizen—duties of citizens(i) to ensure cleanliness in his home and surrounding areas;25(ii) to segregate household waste;(iii) to participate in the routine community cleanliness drives organised by the municipal authorities; and(iv) to undertake such other tasks as may be prescribed305 (1) the appropriate government shall include a course on waste management as a compulsory part of the school curriculum(2) every school shall organize cleanliness drives at prescribed intervals to promote household waste management and public cleanliness among studentsschools to promote household waste management and public cleanliness among students6 the municipal authority shall—responsibilities of the municipal authorities(i) ensure collection of segregated waste from households for further treatment and disposal;35(ii) notify sites demarcated as collection points;(iii) conduct educational and informational activities relating to cleanliness at such interval for the local residents, as may be prescribed; and(iv) organise cleanliness drives from time to time to promote cleanliness amongcitizens40penalty7 whoever violates the provisions of this act shall be punished with imprisonment for a term which may extend to six months and fine which may extend to five thousand rupees5 8 the central government shall, after due appropriation made by parliament by law in this behalf, provide requisite sums to the state governments for carrying out the purposes of this actcentral government to provide requisite sums power to remove difficulties109 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 appears to it to be necessary or expedient for removing the difficulty:provided that no such order shall be made after the expiry of the period of three years from the date of commencement of this actact to have overriding effect1510 the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force relating to maintenance of public cleanliness and waste management or in any instrument having effect by virtue of any law other than this act11 the provisions of this act shall be in addition to and not in derogation of any other law, for the time being in forceact not in derogation of any other lawpower to make rules12 (1) the central government may, by notification in the official gazette, make rules for carrying out the purposes of the act20 25(2) every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both the houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule statement of objects and reasonsmahatma gandhi, the father of our nation had once said, "cleanliness is next to godliness" while the concept of personal hygiene and keeping one's home is greatly emphasized, cleanliness in the public sphere is often found to be lacking recently, the swachh bharat abhiyan has been launched, with a focus on community participation, in order to fulfil mahatma gandhi's vision of a clean india the bill aims to provide a legislative impetus to the ambitious campaign by clearly outlining the roles and responsibilities of the government, municipal authorities and the citizens so that the nation can collectively work towards achieving the objective of a clean indiahence, this billkirit premjibhai solankifebruary 6, 2015 financial memorandumclause 5 of the bill provides for introducing a course on waste management as a compulsory part of the school curriculum clause 6 provides for certain steps to be initiated by municipal authorities for promotion of public cleanliness clause 8 provides that the central government shall provide adequate funds to the state governments for carrying out the purposes of the bill the bill, therefore, if enacted, will involve expenditure from the consolidated fund of india it is estimated that a recurring expenditure of about rupees five hundred crore will be incurred per annuma 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 purpose 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 proper handling and disposal of household waste by prescribing normsand fixing duties on citizens with regard to maintenance of public cleanlinessand for matters connected herewith and incidental thereto————(dr kirit premjibhai solanki, mp)gmgipmrnd—4768ls(s3)—03-03-2015 | Parliament_bills | d0375784-ca32-593e-bc50-3080f1c5c671 |
bill no 100 of 2018 the arbitration and conciliation (amendment) bill, 2018 a billfurther to amend the arbitration and conciliation act, 1996be it enacted by parliament in the sixty-ninth year of the republic of india as follows:—1 (1) this act may be called the arbitration and conciliation (amendment) act, 2018short title and commencement5(2) save as otherwise provided in this act, 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 provision26 of 1996amendment of section 2102 in the arbitration and conciliation act, 1996 (hereinafter referred to as the principal act), in section 2,—(i) in sub-section (1),—(a) after clause (c), the following clause shall be inserted, namely:—'(ca) "arbitral institution'' means an arbitral institution designated by the supreme court or a high court under this act;'; (b) after clause (h), the following clauses shall be inserted, namely:—'(i) "prescribed" means prescribed by rules made under this act;(j) "regulations" means the regulations made by the council under this act'; (ii) in sub-section (2), in the proviso, for the word, brackets and letter"clause (a)", the word, brackets and letter "clause (b)" shall be substituted3 in section 11 of the principal act,—amendment of section 115(i) after sub-section (3), the following sub-section shall be inserted, namely:—"(3a) the supreme court and the high court shall have the power to designate arbitral institutions from time to time, which have been graded by the council under section 43f, for the purposes of this act:10 15provided that in respect of those high court jurisdictions, where no graded arbitral institutions are available, then, the chief justice of the concerned high court may maintain the panel of arbitrators, for discharging the functions and duties of arbitral institution and any reference to the arbitrator shall be deemed to be an arbitral institution for the purposes of this section and the arbitrator appointed by a party shall be entitled to such fee as prescribed under the fourth schedule:provided further that the chief justice of the concerned high court may, from time to time review the panel of arbitrators"20(ii) in sub-section (4), in the long line, for the portion beginning with "the appointment shall be made" and ending with "designated by such court", the following shall be substituted, namely:—25"the appointment shall be made, on an application of the party, by the arbitral institution designated by the supreme court, in case of international commercial arbitration, or by the high court, in case of arbitrations other than international commercial arbitration, as the case may be"; (iii) in sub-section (5), for the portion beginning with "the appointment shall be made" and ending with "designated by such court" the following shall be substituted, namely:—30"the appointment shall be made on an application of the party in accordance with the provisions contained in sub-section (4)";(iv) in sub-section (6), in the long line, for the portion beginning with "party may request" and ending with "designated by such court" the following shall be substituted, namely:—35"the appointment shall be made, on an application of the party, by the arbitral institution designated by the supreme court, in case of international commercial arbitration, or by the high court, in case of arbitrations other than international commercial arbitration, as the case may be"; (v) sub-sections (6a) and (7) shall be omitted;40 (vi) in sub-section (8), for the words "the supreme court or, as the case may be, the high court or the person or institution designated by such court", the words, brackets and figures "the arbitral institution referred to in sub-sections (4), (5) and (6)" shall be substituted;45(vii) in sub-section (9), for the words "the supreme court or the person or institution designated by that court", the words "the arbitral institution designated by the supreme court" shall be substituted;(viii) sub-section (10) shall be omitted; (ix) for sub-sections (11) to (14), the following sub-sections shall be substituted, namely:—50'(11) where more than one request has been made under sub-section (4)or sub-section (5) or sub-section (6) to different arbitral institutions, the arbitral institution to which the request has been first made under the relevant sub-section shall be competent to appoint 5(12) where the matter referred to in sub-sections (4), (5), (6) and (8) arise in an international commercial arbitration or any other arbitration, the reference to the arbitral institution, in those sub-section shall be construed as a reference to the arbitral institution designated under sub-section (3a)(13) an application made under this section for appointment of an arbitrator or arbitrators shall be disposed of by the arbitral institution within a period of thirty days from the date of service of notice on the opposite party10(14) the arbitral institutions shall determine the fees of the arbitral tribunaland the manner of its payment to the arbitral tribunal subject to the rates specified in the fourth schedule15explanation—for the removal of doubts, it is hereby clarified that this sub-section shall not apply to international commercial arbitration and in arbitrations (other than international commercial arbitration) where parties have agreed for determination of fees as per the rules of an arbitral institution'amendment of section 174 in section 17 of the principal act, in sub-section (1), the words and figures "or at any time after the making of the arbitral award but before it is enforced in accordance with section 36" shall be omitted20amendment of section 235 in section 23 of the principal act, after sub-section (3), the following sub-section shall be inserted, namely:—"(4) the statement of claim and defence under this section shall be completed within a period of six months from the date the arbitrator or all the arbitrators, as the case may be, received notice, in writing, of their appointment"256 in section 29a of the principal act,—(a) for sub-section (1), the following sub-section shall be substituted, namely:—amendment of section 29a"(1) the award in matters other than international commercial arbitration shall be made within a period of twelve months from the date of completion of pleadings under sub-section (4) of section 23";30(b) in sub-section (4), after the proviso, the following provisos shall be inserted, namely:—"provided further that where an application under sub-section (5) is pending, the mandate of the arbitrator shall continue till the disposal of the said application:35provided also that the arbitrator shall be given an opportunity of beingheard before the fees is reduced"amendment of section 347 in section 34 of the principal act, in sub-section (2), in clause (a), for the words"furnishes proof that", the words "establishes on the basis of the record of the arbitral tribunal that" shall be substituted40amendment of section 378 in section 37 of the principal act, in sub-section (1), for the words "an appeal",the words "notwithstanding anything contained in any other law for the time being in force, an appeal" shall be substituted9 after section 42 of the principal act, the following sections shall be inserted, namely:—45insertion of new sections 42a and 42b confidentiality of information"42a notwithstanding anything contained in any other law for the time beingin force, the arbitrator, the arbitral institution and the parties to the arbitration agreement shall keep confidentiality of all arbitral proceedings except award where its disclosure is necessary for the purpose of implementation and enforcement of awardprotection of action taken in good faith42b no suit or other legal proceedings shall lie against the arbitrator for anything which is in good faith done or intended to be done under this act or the rules or regulations made thereunder"10 after part i of the principal act, the following part shall be inserted, namely:—insertion of new part5 'part ia arbitration council of indiadefinitions43a in this part, unless the context otherwise requires,—(a) "chairperson" means the chairperson of the arbitration council of india appointed under clause (a) of sub-section (1) of section 43c;10(b) "council" means the arbitration council of india established under section 43b;(c) "member" means a member of the council and includes the chairperson1543b (1) the central government shall, by notification in the official gazette, establish, for the purposes of this act, a council to be known as the arbitration council of india to perform the duties and discharge the functions under this actestablishment and incorporation of arbitration council of india(2) the council 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 enter into contract, and shall, by the said name, sue or be sued20 (3) the head office of the council shall be at delhi (4) the council may, with the prior approval of the central government, establish offices at other places in india43c (1) the council shall consist of the following members, namely:—composition of council25(a) a person, who has been, a judge of the supreme court or, chief justiceof a high court or, a judge of a high court or an eminent person, having special knowledge and experience in the conduct or administration of arbitration, to be appointed by the central government in consultation with the chief justice of india—chairperson;30(b) an eminent arbitration practitioner having substantial knowledge andexperience in institutional arbitration, both domestic and international, to be nominated by the central government—member;(c) an eminent academician having experience in research and teaching inthe field of arbitration and alternative dispute resolution laws, to be appointed by the central government in consultation with the chairperson—member;35(d) secretary to the government of india in the department of legal affairs, ministry of law and justice or his representative not below the rank of joint secretary—member, ex officio;40(e) secretary to the government of india in the department ofexpenditure, ministry of finance or his representative not below the rank of joint secretary— member, ex officio;(f) one representative of a recognised body of commerce and industry, chosen on rotational basis by the central government—part-time member; and(g) chief executive officer—member-secretary, ex officio45(2) the chairperson and members of the council, other than ex officio members, shall hold office as such, for a term of three years from the date on which they enter upon their office:provided that no chairperson or member, other than ex officio members, shall hold office as such after he has attained the age of seventy years in the case of chairperson and sixty-seven years in the case of member5(3) the salary, allowances and other terms and conditions of the chairperson and members of the council referred to in clauses (b) and (c) of sub-section (1) shall be such as may be prescribed by the central government(4) the part-time member shall be entitled to such travelling and other allowances as may be prescribed by the central government10duties and functions of council43d (1) it shall be the duty of the council to take all such measures as may be necessary to promote and encourage arbitration, mediation, conciliation or other alternative dispute resolution mechanism and for that purpose to frame policy and guidelines for the establishment, operation, and maintenance of uniform professional standards in respect of all matters relating to arbitration(2) for the purposes of performing the duties and discharging the functions under this act, the council may—15(a) frame polices governing the grading of arbitral institutions; (b) recognise professional institutes providing accreditation of arbitrators; (c) review the grading of arbitral institutions and arbitrators;20(d) hold training, workshops and courses in the area of arbitration incollaboration of law firms, law universities and arbitral institutes;(e) set up, review and update norms and ensure satisfactory level ofarbitration and conciliation;25(f) act as a forum for exchange of reviews and techniques to be adopted forcreating a platform to make india a robust centre for domestic and international arbitration and conciliation;(g) make recommendations to the central government on various measuresto be adopted to make provision for easy resolution of commercial disputes;(h) promote institutional arbitration by strengthening arbitral institutions;30(i) conduct examination and training on various subjects relating toarbitration and conciliation and award certificates thereof;(j) establish and maintain depository of arbitral awards made both in indiaand overseas;(k) make recommendations regarding personnel, training and infrastructureof arbitral institutions; and35(l) such other functions as may be decided by the central government43e the council may, appoint such experts and constitute such committees of experts as it may consider necessary to discharge its functions on such terms and conditions as may be specified by the regulationsappointment of experts and constitution of committees thereof40general norms for grading of arbitral institutions43f the council shall make grading of arbitral institutions on the basis of criteria relating to infrastructure, quality and calibre of arbitrators, performance and compliance of time limits for disposal of domestic or international commercial arbitrations, in such manner as may be specified by regulations| norms ||----------------|| accreditation |43g the qualifications, experience and norms for accreditation of arbitrators shall be such as specified in the eighth schedule: provided that the central government may, after consultation with the council, by notification in the official gazette, amend the eighth schedule and thereupon, the eighth schedule shall be deemed to have been amended accordinglydepository of awards543h the council shall maintain an electronic depository of all arbitral awardsmade in india and such other records related thereto in such manner as may be specified by the regulationspower to make regulations by council43-i the council may, in consultation with the central government, makeregulations, consistent with the provisions of this act and the rules made thereunder, for the discharge of its functions and perform its duties under this act10chief executive officer 43j (1) there shall be a chief executive officer of the council, who shall beresponsible for day-to-day administration of the council(2) the qualifications, appointment and other terms and conditions of servicesof the chief executive officer shall be such as may be prescribed by the central government15(3) the chief executive officer shall discharge such functions and perform suchduties as may be specified by regulations(4) there shall be a secretariat to the council consisting of such number ofofficers and employees as may be prescribed by the central government20(5) the qualifications, appointment and other terms and conditions of the serviceof the employees and other officers of the council shall be such as may be prescribed by the central government'amendment of section 4511 in section 45 of the principal act, for the words "unless it finds", the words"unless it prima facie finds", shall be substitutedamendment of section 502512 in section 50 of the principal act, in sub-section (1), for the words "an appeal",the words "notwithstanding anything contained in any other law for the time being in force, an appeal" shall be substitutedinsertion of new section 8713 after section 86 of the principal act, the following section shall be insertedand shall be deemed to have been inserted with effect from the 23rd october, 2015, namely:—303 of 2016"87 unless the parties otherwise agree, the amendments made to this act by the arbitration and conciliation (amendment) act, 2015 shall—(a) not apply to—3 of 2016(i) arbitral proceedings commenced before the commencement ofthe arbitration and conciliation (amendment) act, 2015;effect of arbitral and related court proceedings commenced prior to 23rd october, 2015353 of 2016(ii) court proceedings arising out of or in relation to such arbitralproceedings irrespective of whether such court proceedings are commenced prior to or after the commencement of the arbitration and conciliation (amendment) act, 2015;403 of 2016(b) apply only to arbitral proceedings commenced on or after thecommencement of the arbitration and conciliation (amendment) act, 2015and to court proceedings arising out of or in relation to such arbitral proceedings"insertion of new schedule14 after the seventh schedule to the principal act, the following schedule shall be inserted, namely:— qualifications and experience of arbitratora person shall not be qualified to be an arbitrator unless he—(i) is an advocate within the meaning of the advocates act, 1961 having ten years of practice experience as an advocate; or(ii) is a chartered accountant within the meaning of the chartered accountant act, 1949 having ten years' of practice experience as a chartered accountant; or(iii) has been an officer of the indian legal service; or (iv) has been an officer with law degree having ten years' experience in the legal matters in the government, autonomous body, public sector undertaking or at a senior level managerial position in private sector; or(v) has been an officer with engineering degree having ten years' of experience as an engineer in the government, autonomous body, public sector undertaking, or at a senior level managerial position in private sector or self-employed; or(vi) has been an officer having senior level experience of administration in the central or state government or having experience of senior level management of a public sector undertaking or a government company or a private company of repute;(vii) is a person, in any other case, having educational qualification at degree level with ten years' of experience in scientific or technical stream in the fields of telecom, information technology, intellectual property rights or other specialised areas in the government, autonomous body, public sector undertaking or at a senior level managerial position in a private sector, as the case may be general norms applicable to arbitrator(i) the arbitrator shall be a person of general reputation of fairness, integrity and capable to apply objectivity in arriving at settlement of disputes;(ii) the arbitrator must be impartial and neutral and avoid entering into any financial business or other relationship that is likely to affect impartiality or might reasonably create an appearance of partiality or bias amongst the parties;(iii) the arbitrator should not involve in any legal proceeding and avoid any potential conflict connected with any dispute to be arbitrated by him;(iv) the arbitrator should not have been convicted of an offence involving moral turpitude or economic offence;(v) the arbitrator shall be conversant with the constitution of india, principles of natural justice, equity, common and customary laws, commercial laws, labour laws, law of torts, making and enforcing the arbitral awards;(vi) the arbitrator should possess robust understanding of the domestic and international legal system on arbitration and international best practices in regard thereto;(vii) the arbitrator should be able to understand key elements of contractual obligations in civil and commercial disputes and be able to apply legal principles to a situation under dispute and also to apply judicial decisions on a given matter relating to arbitration; and(viii) the arbitrator should be capable of suggesting, recommending or writing a reasoned and enforceable arbitral award in any dispute which comes before him for adjudicationamendment to act 3 of 201615 section 26 of the arbitration and conciliation (amendment) act, 2015shall be omitted and shall be deemed to have been omitted with effect from the 23rd october, 2015 statement of objects and reasonsthe arbitration and conciliation act, 1996 (the act) was enacted to consolidate and amend the law relating to domestic arbitration, international commercial arbitration and enforcement of foreign arbitral awards and also to define the law relating to conciliation and for matters connected therewith or incidental thereto the said act was amended by the arbitration and conciliation (amendment) act, 2015 to make arbitration process cost effective, speedy, with minimum court intervention and to maintain ensure of arbitrators2 the promotion of the institutional arbitration in india by strengthening indian arbitral institutions has been identified critical to the dispute resolution through arbitration though arbitral institutions have been working in india, they have not been preferred by parties, who have leaned in favour of ad hoc arbitration or arbitral institutions located abroad therefore, in order to identify the roadblocks to the development of institutional arbitration, examine specific issues affecting the indian arbitration landscape, and also to prepare a roadmap for making india a robust centre for institutional arbitration both domestic and international, the central government constituted a high level committee under the chairmanship of justice b n srikrishna, former judge of supreme court of india3 the terms of reference the committee, inter alia, include,—(a) to examine the effectiveness of existing arbitration mechanism by studying the functioning and performance of arbitral institutions in india;(b) to devise a road map to promote institutional arbitration mechanisms in india; and(c) to evolve an effective and efficient arbitration eco-system for commercial dispute resolution and suggest reforms in the arbitration and conciliation act, 1996 4 the high level committee submitted its report on 30th july, 2017 with a view to strengthen institutional arbitration in the country, the said committee, inter alia, recommended for the establishment of an independent body for grading of arbitral institutions and accreditation of arbitrators, etc the committee has also recommended certain amendments to the said act to minimise the need to approach the courts for appointment of arbitrators after examination of the said recommendations with a view to make india a hub of institutional arbitration for both domestic and international arbitration, it has been decided to amend the arbitration and conciliation act, 19965 the salient features of the arbitration and conciliation (amendment) bill, 2018, inter alia, are as follows:—(i) to amend section 11 of the act relating to "appointment of arbitrators" so as to change the present system of appointment of arbitrators by the supreme court or high court, to a system where the arbitrators shall be appointed by the "arbitral institutions" designated by the supreme court or high court;(ii) in case where no graded arbitral institutions are available, the chief justice of the concerned high court may maintain a panel of arbitrators for discharging the functions and duties of arbitral institutions;(iii) to insert a new part 1a to the act for the establishment and incorporation of an independent body namely, the arbitration council of india for the purpose of grading of arbitral institutions and accreditation of arbitrators, etc;(iv) to amend section 23 of the act relating to "statement of claim and defence"so as to provide that the statement of claim and defence shall be completed within a period of six months from the date the arbitrator receives the notice of appointment;(v) to provide that the arbitrator, the arbitral institutions and the parties shall maintain confidentiality of information relating to arbitral proceedings and also protect the arbitrator or arbitrators from any suit or other legal proceedings for any action or omission done in good faith in the course of arbitration proceedings; and(vi) to clarify that section 26 of the arbitration and conciliation (amendment)act, 2015, is applicable only to the arbitral proceedings which commenced on or after 23rd october, 2015 and to such court proceedings which emanate from such arbitral proceedings, to address the divergent views given by various courts 6 the bill seeks to achieve the above objectivesnew delhi;ravi shankar prasadthe 17th march, 2018 financial memorandumclause 11 of the bill proposes to insert new sections 43a to 43j in the arbitration and conciliation act, 19962 proposed sub-section (1) of section 43b provides for the establishment of the arbitration council of india sub-section (2) provides that the arbitration council of india shall acquire, hold and dispose of property, both movable and immovable and sub-section (3) of the said section provides that the head office of the council shall be at delhi sub-section (4) provides that the council may, with the prior approval of the central government, establish offices at other places in india3 sub-section (3) of proposed section 43c provides that the salary, allowances and other terms and conditions of the chairperson and members of the council shall be prescribed by the central government and sub-section (4) provides for entitlement of travelling and other allowances of the part-time member, to be prescribed by the central government4 sub-section (2) of proposed section 43j provides for the qualifications, appointment and other terms and conditions of services of the chief executive officer shall be prescribed by the central government sub-section (4) of the said section also provides that the council shall have a secretariat consisting of such number of officers and employees as may be prescribed by the central government sub-section (5) of the said section provides that the qualifications, appointment and other terms and conditions of the service of the employees and other officers of the council shall be prescribed by the central government5 the financial implication arising from the establishment of the arbitration council of india, etc, is estimated at as recurring expenditure of rs 1751 crore per annum and non-recurring expenditure is about rs 193 crore6 it would be difficult to indicate the exact expenditure incurred in the appointment of officers of the arbitration council of india, etc the bill does not envisage any other expenditure of recurring or non-recurring nature memorandum regarding delegated legislationclause 11 of the bill proposes to insert new sections 43a to 43j in the arbitration and conciliation act, 19962 proposed sub-section (1) of section 43b provides for the establishment of arbitration council of india3 proposed sub-sections (3) and (4) of section 43c, inter alia, provides for—(a) the terms and conditions of, the service and the salary and allowances payableto, the chairperson and members as may be prescribed by the central government;(b) the travelling and other allowances entitled to the part-time member as maybe prescribed of the central government4 proposed section 43-i provides that the arbitration council of india, in consultation with the central government, may make regulations consistent with the provisions of the act and the rules made thereunder5 proposed sub-section (2) of section 43j provides that the qualifications, appointment and other terms and conditions of the service of the chief executive officer shall be prescribed by the central government sub-section (4) of the said section provides that the number of officers and employees of the secretariat to the council shall be such as may be prescribed by the central government6 the matters in respect of which rules and regulations may be made under the aforesaid provisions are matters of procedure and administrative details and it is not practical to provide for them in the bill itself the delegation of legislative power is, therefore, of a normal character extracts from the arbitration and conciliation act, 1996 (26 of 1996) part i arbitration chapter i general provisionsdefinitions2 (1) in this part, unless the context otherwise requires,—(c) "arbitral award" includes an interim award; (h) "party" means a party to an arbitration agreement(2) this part shall apply where the place of arbitration is in india: provided that subject to an agreement to the contrary, the provisions of sections 9, 27 and clause (a) of sub-section (1) and sub-section (3) of section 37 shall also apply to international commercial arbitration, even if the place of arbitration is outside india, and an arbitral award made or to be made in such place is enforceable and recognised under the provisions of part ii of this act11 (1) appointment of arbitrators (3) failing any agreement referred to in sub-section (2), in an arbitration with three arbitrators, each party shall appoint one arbitrator, and the two appointed arbitrators shall appoint the third arbitrator who shall act as the presiding arbitrator (4) if the appointment procedure in sub-section (3) applies and—(a) a party fails to appoint an arbitrator within thirty days from the receipt of a request to do so from the other party; or(b) the two appointed arbitrators fail to agree on the third arbitrator within thirty days from the date of their appointment, the appointment shall be made, upon request of a party, by the supreme court or, as the case may be, the high court or any person or institution designated by such court;(5) failing any agreement referred to in sub-section (2), in an arbitration with a sole arbitrator, if the parties fail to agree on the arbitrator within thirty days from receipt of a request by one party from the other party to so agree the appointment shall be made, upon request of a party, by the supreme court or, as the case may be, the high court or any person or institution designated by such court(6) where, under an appointment procedure agreed upon by the parties,—(a) a party fails to act as required under that procedure; or (b) the parties, or the two appointed arbitrators, fail to reach an agreement expected of them under that procedure; or(c) a person, including an institution, fails to perform any function entrusted to him or it under that procedure, a party may request the supreme court or, as the case may be, the high court or any person or institution designated by such court to take the necessary measure, unless the agreement on the appointment procedure provides other means for securing the appointment(6a) the supreme court or, as the case may be, the high court, while considering any application under sub-section (4) or sub-section (5) or sub-section (6), shall, notwithstanding any judgment, decree or order of any court, confine to the examination of the existence of an arbitration agreement(7) a decision on a matter entrusted by sub-section (4) or sub-section (5) or sub-section (6) to the supreme court or, as the case may be, the high court or the person or institution designated by such court is final and no appeal including letters patent appeal shall lie against such decision(8) the supreme court or, as the case may be, the high court or the person or institution designated by such court, before appointing an arbitrator, shall seek a disclosure in writing from the prospective arbitrator in terms of sub-section (1) of section 12, and have due regard to—(a) any qualifications required for the arbitrator by the agreement of the parties;and(b) the contents of the disclosure and other considerations as are likely to secure the appointment of an independent and impartial arbitrator (9) in the case of appointment of sole or third arbitrator in an international commercial arbitration, the supreme court or the person or institution designated by that court may appoint an arbitrator of a nationality other than the nationalities of the parties where the parties belong to different nationalities(10) the supreme court or, as the case may be, the high court, may make such scheme as the said court may deem appropriate for dealing with matters entrusted by subsection (4) or sub-section (5) or sub-section (6), to it(11) where more than one request has been made under sub-section (4) or sub-section (5) or sub-section (6) to the chief justices of different high courts or their designates, different high courts or their designates, the high court or its designate to whom the request has been first made under the relevant sub-section shall alone be competent to decide on the request(12) (a) where the matters referred to in sub-sections (4), (5), (6), (7), (8) and sub-section (10) arise in an international commercial arbitration, the reference to the"supreme court or, as the case may be, the high court" in those sub-sections shall be construed as a reference to the "supreme court"; and(b) where the matters referred to in sub-sections (4), (5), (6), (7), (8) and sub-section (10) arise in any other arbitration, the reference to "the supreme court or, as the case may be, the high court" in those sub-sections shall be construed as a reference to the "high court" within whose local limits the principal civil court referred to in clause (e) of sub-section (1) of section 2 is situate, and where the high court itself is the court referred to in that clause, to that high court(13) an application made under this section for appointment of an arbitrator or arbitrators shall be disposed of by the supreme court or the high court or the person or institution designated by such court, as the case may be, as expeditiously as possible and an endeavour shall be made to dispose of the matter within a period of sixty days from the date of service of notice on the opposite party(14) for the purpose of determination of the fees of the arbitral tribunal and the manner of its payment to the arbitral tribunal, the high court may frame such rules as may be necessary, after taking into consideration the rates specified in the fourth scheduleexplanation—for the removal of doubts, it is hereby clarified that this sub-section shall not apply to international commercial arbitration and in arbitrations (other than international commercial arbitration) in case where parties have agreed for determination of fees as per the rules of an arbitral institution17 (1) a party may, during the arbitral proceedings or at any time after the making of the arbitral award but before it is enforced in accordance with section 36, apply to the arbitral tribunal—interim measures ordered by arbitral tribunal23 (1) statements of claim and defence (3) unless otherwise agreed by the parties, either party may amend or supplement his claim or defence during the course of the arbitral proceedings, unless the arbitral tribunal considers it inappropriate to allow the amendment or supplement having regard to the delay in making ittime limit for arbitral award29a (1) the award shall be made within a period of twelve months from the date the arbitral tribunal enters upon the referenceexplanation—for the purpose of this sub-section, an arbitral tribunal shall be deemed to have entered upon the reference on the date on which the arbitrator or all the arbitrators, as the case may be, have received notice, in writing, of their appointment(4) if the award is not made within the period specified in sub-section (1) or the extended period specified under sub-section (3), the mandate of the arbitrator(s) shall terminate unless the court has, either prior to or after the expiry of the period so specified, extended the period:provided that while extending the period under this sub-section, if the court finds that the proceedings have been delayed for the reasons attributable to the arbitral tribunal, then, it may order reduction of fees of arbitrator(s) by not exceeding five per cent for each month of such delay chapter vii recourse against arbitral award34 (1) (2) an arbitral award may be set aside by the court only if—application for setting aside arbitral award(a) the party making the application furnishes proof that— chapter ix appealsappealable orders37 (1) an appeal shall lie from the following orders (and from no others) to the court authorised by law to hear appeals from original decrees of the court passing the order, namely:—5 of 1908power of judicial authority to refer parties to arbitration45 notwithstanding anything contained in part i or in the code of civil procedure, 1908 a judicial authority, when seized of an action in a matter in respect of which the parties have made an agreement referred to in section 44, shall, at the request of one of the parties or any person claiming through or under him, refer the parties to arbitration, unless it finds that the said agreement is null and void, inoperative or incapable of being performed50 (1) an appeal shall lie from the order refusing to—appealable orders ———— extract from the arbitration and conciliation (amendment) act, 2015 (3 of 2016)26 nothing contained in this act shall apply to the arbitral proceedings commenced, in accordance with the provisions of section 21 of the principal act, before the commencement of this act unless the parties otherwise agree but this act shall apply in relation to arbitral proceedings commenced on or after the date of commencement of this actact not to apply to pending arbitral proceedings———— a billfurther to amend the arbitration and conciliation act, 1996————(shri ravi shankar prasad, minister of law and justice and electronics & it) | Parliament_bills | 31e97afa-deb8-54db-9e85-4bf702d28627 |
bill no 152 of 2014 the indian penal code (amendment) bill, 2014 by dr kirit premjibhai solanki, mp a billfurther to amend the indian penal code, 1860be it enacted by parliament in the sixty-fifth year of the republic of india as follows:—short title1 this act may be called the indian penal code (amendment) act, 201445 of 186052 after section 304a of the indian penal code, 1860, the following section shall be inserted, namely:—insertion of new section 304aa10wilful medical negligence not amounting to culpable homicide"304aa (1) whoever, being a registered medical practitioner or a person assisting such registered medical practitioner, causes the death of any person during the course of his treatment including surgical treatment due to any wilful medical negligence not amounting to culpable homicide, shall be punished with imprisonment for a term which may extend to one year and also with fine, which may extend to rupees fifty thousand(2) no arrest under sub-section (1) shall be made till the offence of causing death due to wilful medical negligence is establishedexplanation— for the purpose of sub-section (2), the offence of causing death due to wilful medical negligence shall be taken as established only if the findings of the inquiry made by the investigating officer supports the fact of death due to wilful medical negligence"5 statement of objects and reasonsit has been noticed that in case of death during or after medical treatment, the relatives of the deceased lodge criminal medical negligence complaints against treating doctor under section 304 or 304a of the indian penal code, 1860 and demand arrest of treating doctors ideally, the medical criminal negligence is required to be established on the basis of prima facie evidence formed on the basis of examination of reports of post mortem, pathological lab tests or opinion of experts in medical fieldtherefore, every due care and caution is required to be exercised in prosecuting doctors for medical negligence, if any, in the interest of society in case of death of patient due to medical negligence on the part of treating doctors, the investigating officer should exercise due care before registering a case of medical negligence the police officials should not arrest a doctor for medical negligence on the basis of mere opinion of relatives or on receipt of complaints from them rather, experts' opinion, post mortem reports, forensic report and other evidence should be given due weightage to make a case of medical negligencethe bill seeks to provide that in wilful medical negligence cases, doctors should not be held criminally responsible or arrested immediately on complaints unless there is prima facie evidence supporting the charges of negligent acthence this billnew delhi;kirit premjibhai solankinovember 5, 2014———— a billfurther to amend the indian penal code, 1860————(dr kirit premjibhai solanki, mp) | Parliament_bills | 4822146c-469e-55f8-b450-6be7fa01145a |
bill no 2 of 2017 the special financial assistance to the state of punjab (for the welfare of farmers) bill, 2017 byshri ravneet singh, mp a billto provide for special financial assistance to the state of punjab for overcoming thecurrent agrarian crisis in state caused by the unseasonal rains, hailstorms, deficitrainfall, whitefly attack and consistently rising input prices forcing farmers into debt trap; for providing relief and loan waivers to farmers, compensation for failedcrops, promotion of sustainable farming, rainwater harvesting,creation of grain and fodder banks, skill development, researchand development and welfare schemes for farmers,agricultural labourers and other marginalizedsections of society in state of punjab andfor matters connected therewith orincidental theretobe it enacted by parliament in the sixty-eighth year of the republic of india as follows:—short title and commencement1 (1) this act may be called the special financial assistance to the state of punjab(for the welfare of farmers) act, 20175(2) it shall come into force on such date as the central government may, by notificationin the official gazette, appoint5special financial assistance to the state of punjab for the welfare of farmers2 (1) notwithstanding anything contained in any other law for the time being in force, there shall be paid such sums of money out of the consolidated fund of india, every year, which shall not be less than seventy thousand crore rupees, as parliament may by due appropriation by law provide, as special financial assistance to the state of punjab to meet the cost of such schemes and works aimed at overcoming the ongoing agrarian crises and welfare of farmers, as may be undertaken by the state with the approval of union government for carrying out the purposes of this act(2) without prejudice to generality of the provisions of sub-section (1), the schemes and works to overcome the agrarian crisis may include,—(i) settling the debt of farmers;10(ii) providing compensation and relief to farmers and agricultural labourersfor any damage to crops caused due to rainfall deficit, pest attack, flood, hailstorm or any other natural calamity;(iii) providing assistance to small and marginal farmers;15(iv) encouraging and providing modern irrigation facilities like dripirrigation and sprinklers to farmers;(v) promotion of rainwater harvesting and conserving the groundwater; (vi) promoting less water intensive crops like pigeon pea or tur, urad,mustard, sunflower and jawar bajra;20(vii) promotion of growing fodder and establishing fodder banks; (viii) establishment of grain banks; (ix) establishment of warehouses and cold storages;(x) promotion of research and development for better and inexpensive inputslike seeds, fertilizers and pesticides;25(xi) training of farmers in new crops and new agricultural techniques; (xii) introducing agricultural education in school curriculum;(xiii) afforestation of barren and waste land; (xiv) promoting food processing industries based on local agriculturalproducts;30(xv) providing skill development and training to youth particularly theunemployed ones; and(xvi) such other provisions as the state government of punjab may deem necessary for carrying out the purposes of this act35power to remove difficulty3 if any difficulty arises in giving effect to the provisions of this act, the central government may, by order, make such provisions not inconsistent with provisions of this act, which appear to it to be neccessary 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 act4 the provisions of this act shall be in addition and not in derogation of any other law for the time being in force dealing with the subject matter of this actact not in derogation of other laws statement of objects and reasonsthe state of punjab has been at the forefront of the green revolution in the country and has been pioneer in country's journey to achieve food security hard work of punjab's farmers has made it the bread basket of the nation but in last decade, stagnation of growth in agricultural sector has adversely affected the whole state farmers, who form the backbone of state's economy have suffered the most, alongwith agricultural labourers who belong to the dalit and marginalized sections of society prices of inputs like seeds, fertilizers, pesticides etc have skyrocketed in recent years but prices of their agricultural produce have not increased proportionately this has made farming a non-remunerative and non-viable profession, pushing the farmers into borrowing for day to day expenses, eventually falling in debt trap it is a saddening situation that the state that was once known for prosperity of farmers now ranks third in the nation in the number of farmer suicides above mentioned problems have been exacerbated in recent years by the unseasonal hailstorm destroying the crops, whitefly attack on cotton crop and impending water crisis as the ground water levels continue to plummet there has been no worthwhile research in the agricultural universities in punjab that can help the farmers mitigate these crises state has not invested enough to provide modern facilities like drip irrigation, sprinklers that can help farmers improve their productivity lack of modern supply chain like cold storage prevents farmers from getting fair price for their produce there is also a need to promote diversity in agriculture and incentivize farmers to grow new crops that can help them generate additional income desertification is another threat that makes hard working farmers of the punjab vulnerable and the state needs to combat itall the above mentioned interventions cannot be implemented without cooperation of farmers, therefore there is an urgent need to train farmers in the newer and productive ways of agriculture and allied activities so that it can generate more income and employmentunfortunately, mismanagement of state finances by the government has resulted in a massive public debt over the state through its own ill devised policies, state government has hamstrung itself and is not able to take up the schemes for welfare of farmers, agricultural labourers and develop agriculture sector in statein such a situation, most marginalized and most vulnerable farmers of punjab, that are the annadata (food provider) of the nation, need an immediate help from the union government to alleviate their distress the bill seeks to ensure that appropriate financial resources are allocated to farmers of the state of punjab and would go a long way in building a more powerful nationhence this billnew delhi;ravneet singhnovember 11, 2016 financial memorandumclause 2 of the bill provides that there shall be paid such sum of money out of the consolidated fund of india, every year which shall not be less than seventy thousand crore rupees, as parliament may by due appropriation provide, as special financial assistance to the state of punjab to meet the cost of schemes and works aimed at overcoming the ongoing agrarion crises and welfare of farmers in the state the bill, therefore, if enacted would involve recurring expenditure of a minimum rupees seventy thousand crores per annum from the consolidated fund of indiano non-recurring expenditure is likely to be incurred from the consolidated fund of india ———— a billto provide for special financial assistance to the state of punjab for overcoming thecurrent agrarian crisis in state caused by the unseasonal rains, hailstorms, deficitrainfall, whitefly attack and consistently rising input prices forcing farmers into debttrap; for providing relief and loan waivers to farmers, compensation forfailed crops, promotion of sustainable farming, rainwater harvesting,creation of grain and fodder banks, skill development, researchand development and welfare schemes for farmers,agricultural labourers and other marginalizedsections of society in state of punjaband for matters connected therewithor incidental thereto————(shri ravneet singh, mp)gmgipmrnd—3369ls(s3)—10-01-2017 | Parliament_bills | 446d58fe-bcd3-540b-a3de-c5401df17dc0 |
bill no 81 of 2022 the appropriation bill, 2022 a billto authorise payment and appropriation of certain sums from and out of the consolidated fund of india for the services of the financial year 2022-23 be it enacted by parliament in the seventy-third year of the republic of india as follows:—1 this act may be called the appropriation act, 2022short title52 from and out of the consolidated fund of india there may be paid and applied sumsnot exceeding those specified in column 3 of the schedule amounting in the aggregate to the sum of one hundred twenty-two lakh forty-three thousand forty-six crore and fifty-seven lakh rupees towards defraying the several charges which will come in course of payment during the financial year 2022-23 in respect of the services specified in column 2 of the scheduleissue of rs 12243046,57,00,000 out of the consolidated fund of india for the financial year 2022-2310appropriation3 the sums authorised to be paid and applied from and out of the consolidated fundof india by this act shall be appropriated for the services and purposes expressed in the schedule in relation to the said yearconstruction of references to ministries or departments in the schedule the schedule(see sections 2, 3 and 4) 1 23no services and purposessums not exceedingofvoted bycharged ontotalvoteparliamenttheconsolidatedfund1department of agriculture and farmers welfare revenue123960,75,00,000123960,75,00,000capital39,25,00,00039,25,00,0002department of agricultural research and education revenue8513,62,00,0008513,62,00,0003department of atomic energy revenue16517,81,00,0001,00,00,00016518,81,00,000capital15825,08,00,00015825,08,00,0004ministry of ayush revenue3050,00,00,0003050,00,00,0005department of chemicals and petrochemicals revenue207,67,00,000207,67,00,000capital1,33,00,0001,33,00,0006department of fertilisers revenue109242,18,00,000109242,18,00,000capital5,00,0005,00,0007department of pharmaceuticals revenue2238,85,00,0002238,85,00,000capital5,30,00,0005,30,00,0008ministry of civil aviation revenue10590,54,00,00010590,54,00,000capital76,46,00,00076,46,00,0009ministry of coal revenue393,24,00,000393,24,00,00010department of commerce revenue5672,50,00,00050,00,0005673,00,00,000capital400,00,00,000400,00,00,00011department for promotion of industry and internal trade revenue7048,00,00,0007048,00,00,000capital1300,00,00,0001300,00,00,00012department of posts revenue35506,47,00,00080,00,00035507,27,00,000capital888,62,00,000888,62,00,00013department of telecommunications revenue32436,38,00,00032436,38,00,000capital63111,42,00,00063111,42,00,00014department of consumer affairs revenue1742,53,00,0001742,53,00,000capital19,85,00,00019,85,00,00015department of food and public distribution revenue213929,91,00,000213929,91,00,000capital12029,67,00,00012029,67,00,00016ministry of cooperation revenue889,00,00,000889,00,00,000capital11,00,00,00011,00,00,00017ministry of corporate affairs revenue712,52,00,000712,52,00,000capital40,50,00,00040,50,00,00018ministry of culture revenue2920,89,00,0002920,89,00,000capital88,16,00,00088,16,00,00019ministry of defence (civil) revenue32049,29,00,00072,00,00032050,01,00,000capital11589,99,00,00035,00,00,00011624,99,00,00020defence services (revenue) revenue239645,67,00,00098,04,00,000239743,71,00,00021capital outlay on defence services capital152280,34,00,00089,27,00,000152369,61,00,00022defence pensions revenue119688,23,00,0007,77,00,000119696,00,00,00023ministry of development of north eastern region revenue2140,04,00,0002140,04,00,000capital670,96,00,000670,96,00,00024ministry of earth sciences revenue2207,94,00,0002207,94,00,000capital450,00,00,000450,00,00,00025department of school education and literacy revenue111549,37,00,000111549,37,00,00026department of higher education revenue55060,34,00,00055060,34,00,000capital18,01,00,00018,01,00,00027ministry of electronics and information technology revenue13911,99,00,00013911,99,00,000capital388,01,00,000388,01,00,00028ministry of environment, forests and climate change revenue3170,00,00,0003170,00,00,000capital115,00,00,000115,00,00,00029ministry of external affairs revenue15838,74,00,0003,00,00015838,77,00,000capital1416,23,00,0001416,23,00,00030department of economic affairs revenue6736,88,00,0006736,88,00,000capital13189,92,00,00013189,92,00,000| rs | rs | rs ||-------|-------|-------|| 1 | 2 | 3 ||--------------|---------------------------------------------------------------------------------|--------------------|| no | services and purposes | sums not exceeding || of | voted by | charged on || vote | parliament | the || consolidated | | || fund | | || 31 | department of expenditure revenue | 476,88,00,000 || capital | 1,00,000 | || 32 | department of financial services revenue | 1102,71,00,000 || capital | 6072,06,00,000 | || 33 | department of public enterprises revenue | 30,00,00,000 || 34 | department of investment and public asset management (dipam) revenue | 290,42,00,000 || 35 | department of revenue revenue | 227548,22,00,000 || capital | 4,30,00,000 | || 36 | direct taxes revenue | 8866,80,00,000 || capital | 442,00,00,000 | || 37 | indirect taxes revenue | 39739,17,00,000 || capital | 1400,00,00,000 | || 38 | indian audit and accounts department revenue | 5723,49,00,000 || capital | 24,00,00,000 | || c | | || harged | | || — | interest payments | revenue || c | | || harged | | || — | repayment of debt | capital || 41 | pensions revenue | 66440,81,00,000 || 42 | transfers to states revenue | 43132,00,00,000 || capital | 100000,01,00,000 | 32380,00,00,000 || 43 | department of fisheries revenue | 2093,90,00,000 || capital | 24,57,00,000 | || 44 | department of animal husbandry and dairying revenue | 4232,80,00,000 || capital | 56,04,00,000 | || 45 | ministry of food processing industries revenue | 2941,99,00,000 || 46 | department of health and family welfare revenue | 107825,41,00,000 || capital | 5632,57,00,000 | || 47 | department of health research revenue | 3200,65,00,000 || 48 | ministry of heavy industries revenue | 3213,79,00,000 || capital | 92,21,00,000 | || 49 | ministry of home affairs revenue | 7384,59,00,000 || capital | 236,38,00,000 | || 50 | cabinet revenue | 1202,22,00,000 || capital | 508,82,00,000 | || 51 | police revenue | 108498,01,00,000 || capital | 10521,98,00,000 | 6,57,00,000 || 52 | andaman and nicobar islands revenue | 5176,42,00,000 || capital | 587,22,00,000 | || 53 | chandigarh revenue | 4807,05,00,000 || capital | 538,33,00,000 | 1,00,00,000 || 54 | dadra and nagar haveli and daman and diu revenue | 2906,00,00,000 || capital | 875,10,00,000 | || 55 | ladakh revenue | 2553,29,00,000 || capital | 3404,71,00,000 | || 56 | lakshadweep revenue | 1199,60,00,000 || capital | 221,90,00,000 | || 57 | transfers to delhi revenue | 1168,00,00,000 || 58 | transfers to jammu and kashmir revenue | 35581,44,00,000 || 59 | transfers to puducherry revenue | 1729,78,00,000 || capital | 1,00,000 | || 60 | ministry of housing and urban affairs revenue | 49268,75,00,000 || capital | 27303,00,00,000 | 38,02,00,000 || 61 | ministry of information and broadcasting revenue | 3955,12,00,000 || capital | 25,65,00,000 | || | 25,65,00,000 | || 62 | department of water resources, river development and ganga rejuvenation revenue | 18608,17,00,000 || capital | 438,83,00,000 | || rs | rs | rs || 1 | 2 | 3 ||--------------|------------------------------------------------------------------|--------------------|| no | services and purposes | sums not exceeding || of | voted by | charged on || vote | parliament | the || consolidated | | || fund | | || 63 | department of drinking water and sanitation revenue | 134413,12,00,000 || 64 | ministry of labour and employment revenue | 16846,37,00,000 || capital | 47,31,00,000 | || 65 | law and justice revenue | 1978,48,00,000 || capital | 1615,00,00,000 | || 66 | election commission revenue | 253,00,00,000 || capital | 7,00,00,000 | || c | | || harged | | || — | supreme court of india | revenue || 68 | ministry of micro, small and medium enterprises revenue | 20916,00,00,000 || capital | 506,00,00,000 | || 69 | ministry of mines revenue | 1546,79,00,000 || capital | 61,21,00,000 | || 70 | ministry of minority affairs revenue | 4861,50,00,000 || capital | 159,00,00,000 | || 71 | ministry of new and renewable energy revenue | 6888,94,00,000 || capital | 11,74,00,000 | || 72 | ministry of panchayati raj revenue | 868,57,00,000 || 73 | ministry of parliamentary affairs revenue | 66,40,00,000 || 74 | ministry of personnel, public grievances and pensions revenue | 2087,65,00,000 || capital | 213,30,00,000 | 12,00,00,000 || c | | || harged | | || — | central vigilance commission | revenue || 76 | ministry of petroleum and natural gas revenue | 8339,86,00,000 || capital | 600,00,00,000 | || 77 | ministry of planning revenue | 310,67,00,000 || capital | 10,75,00,000 | || 78 | ministry of ports, shipping and waterways revenue | 1495,19,00,000 || capital | 749,31,00,000 | || 79 | ministry of power revenue | 18421,11,00,000 || capital | 13,11,00,000 | || c | | || harged | | || — | staff, household and allowances of the president | revenue || 81 | lok sabha revenue | 799,00,00,000 || 82 | rajya sabha revenue | 429,75,00,000 || 83 | secretariat of the vice-president revenue | 8,64,00,000 || c | | || harged | | || — | union public service commission | revenue || 85 | ministry of railways revenue | 303064,14,00,000 || capital | 329089,70,00,000 | 98,00,00,000 || 86 | ministry of road transport and highways revenue | 22584,19,00,000 || capital | 369171,14,00,000 | 5,00,00,000 || 87 | department of rural development revenue | 247944,29,00,000 || 88 | department of land resources revenue | 2259,34,00,000 || 89 | department of science and technology revenue | 5919,48,00,000 || capital | 82,70,00,000 | || 90 | department of biotechnology revenue | 2581,00,00,000 || 91 | department of scientific and industrial research revenue | 5623,96,00,000 || capital | 12,50,00,000 | || 92 | ministry of skill development and entrepreneurship revenue | 2847,54,00,000 || capital | 151,46,00,000 | || 93 | department of social justice and empowerment revenue | 11687,51,00,000 || capital | 235,00,00,000 | || 94 | department of empowerment of persons with disabilities revenue | 1212,41,00,000 || capital | 1,00,000 | || 95 | department of space revenue | 6233,80,00,000 || capital | 7465,20,00,000 | 40,00,000 || 96 | ministry of statistics and programme implementation revenue | 5378,08,00,000 || capital | 20,00,00,000 | || 97 | ministry of steel revenue | 47,00,00,000 || rs | rs | rs || 1 | 2 | 3 ||--------------|------------------------------------------------------------------|--------------------|| no | services and purposes | sums not exceeding || of | voted by | charged on || vote | parliament | the || consolidated | | || fund | | || 98 | ministry of textiles revenue | 12357,11,00,000 || capital | 25,03,00,000 | || 99 | ministry of tourism revenue | 2405,27,00,000 || 100 | ministry of tribal affairs revenue | 3781,57,00,000 || capital | 50,00,00,000 | || 101 | ministry of women and child development revenue | 25670,28,00,000 || capital | 2,00,00,000 | || 102 | ministry of youth affairs and sports revenue | 3057,28,00,000 || capital | 5,32,00,000 | || t | | || otal | | || : | 3966322,76,00,000 | 8276723,81,00,000 || rs | rs | rs | statement of objects and reasonsthis bill is introduced in pursuance of article 114(1) of the constitution of india to provide for the appropriation out of the consolidated fund of india of the moneys required to meet the expenditure charged on the consolidated fund and the grants made by lok sabha for expenditure of the central government for the financial year 2022-23nirmala sitharaman———— president's recommendation under article 117 of the constitution of india————[do no 2(12)-b(d)/2022, dated 1032022 from smt nirmala sitharaman, minister of finance to the secretary-general, lok sabha]the president, having been informed of the subject matter of the appropriation bill, 2022 to authorise payment and appropriation of certain sums from and out of the consolidated fund of india for the services of the financial year 2022-23 recommends, under article 117(1) and (3) of the constitution the introduction of the appropriation bill, 2022 in lok sabha and also the consideration of the bill———————— a billto authorise payment and appropriation of certain sums from and out of the consolidated fund of india for the services of the financial year 2022-23————mgipmrnd—2226ls(s3)—11-03-2022 | Parliament_bills | 257bdfed-17ac-5336-a1af-62922eb32003 |
bill no 154 of 2019 the motor vehicles (amendment) bill, 2019 a billfurther to amend the motor vehicles act, 1988be it enacted by parliament in the seventieth year of the republic of india as follows:— chapter i preliminary51 (1) this act may be called the motor vehicles (amendment) act, 2019short 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 provision10amendment of section 259 of 19882 in the motor vehicles act, 1988 (hereinafter referred to as the principal act), in section 2,—(i) for clause (1), the following clauses shall be substituted, namely:—'(1) "adapted vehicle" means a motor vehicle either specially designed and constructed, or to which alterations have been made under sub-section (2)of section 52, for the use of a person suffering from any physical defect or disability, and used solely by or for such person;(1a) "aggregator" means a digital intermediary or market place for a passenger to connect with a driver for the purpose of transportation;5(1b) "area", in relation to any provision of this act, means such area as the state government may, having regard to the requirements of that provision, specify by notification in the official gazette;'; (ii) after clause (4), the following clause shall be inserted, namely:—10'(4a) "community service" means an unpaid work which a person is required to perform as a punishment for an offence committed under this act;'; (iii) after clause (9), the following clause shall be inserted, namely:—'(9a) "driver refresher training course" means the course referred to in sub-section (2a) of section 19;';(iv) after clause (12), the following clause shall be inserted, namely:—15'(12a) "golden hour" means the time period lasting one hour following a traumatic injury during which there is highest likelihood of preventing death by providing prompt medical care;'; (v) clause (18) shall be omitted;20(vi) in clause (24), for the words "invalid carriage", the words "adapted vehicle"shall be substituted;(vii) in clause (26), for the words "invalid carriage", the words "adapted vehicle"shall be substituted;(viii) after clause (38), the following clause shall be inserted, namely:—'(38a) "scheme" means a scheme framed under this act;';25(ix) after clause (42), the following clause shall be inserted, namely:—'(42a) "testing agency" means any entity designated as a testing agency under section 110b;'; (x) in clause (49), after the word 'rests', the words 'or moves' shall be inserted303 after section 2a of the principal act, the following section shall be inserted, namely:—insertion of new section 2b promotion of innovation35"2b notwithstanding anything contained in this act and subject to such conditions as may be prescribed by the central government, in order to promote innovation, research and development in the fields of vehicular engineering, mechanically propelled vehicles and transportation in general, the central government may exempt certain types of mechanically propelled vehicles from the application of the provisions of this act" 4 in section 8 of the principal act,—amendment of section 8(i) in sub-section (1), for the words "the licensing authority having jurisdiction in the area", the words "any of the licensing authority in the state" shall be substituted;40(ii) in sub-section (2), for the words "and with such fee", the words "with such fee and submit in such manner, including electronic means" shall be substituted;(iii) in sub-section (3),—(a) after the word "application", the words "to drive a transport vehicle made" shall be inserted;(b) the proviso shall be omitted;(iv) in sub-section (4), in the proviso, for the words "invalid carriage", the words"adapted vehicle" shall be substituted;5(v) in sub-section (5), for the words "passes to the satisfaction of the licensing authority such test", the words "satisfies such conditions" shall be substituted;(vi) in sub-section (6), after the proviso, the following provisos shall be inserted, namely:—10"provided further that a licencing authority may issue a learner's licence in electronic form and such manner as may be prescribed by the central government:provided also that the licensing authority may, before issuing the license, verify the identity of the applicant in such manner as may be prescribed by the central government"5 in section 9 of the principal act,—amendment of section 915(i) in sub-section (1), for the words "the licensing authority having jurisdiction in the area", the words "any licensing authority in the state" shall be substituted;(ii) in sub-section (3), for the second proviso, the following proviso shall be substituted, namely:—20"provided further that a driving licence for driving an adapted vehicle may be issued to the applicant, if the licensing authority is satisfied that he is fit to drive such motor vehicle"; (iii) in sub-section (4), the words "such minimum educational qualification as may be prescribed by the central government and" shall be omitted;25(iv) in sub-section (5), in the proviso, after the words "last such test", the words and figures "and such applicant shall be required to complete a remedial driver training course from any school or establishment under section 12" shall be insertedamendment of section 106 in section 10 of the principal act, in sub-section (2), in clause (c), for the words"invalid carriage", the words "adapted vehicle" shall be substituted7 in section 11 of the principal act,—amendment of section 1130(i) in sub-section (1), for the words "the licensing authority having jurisdiction in the area", the words "any licensing authority in the state" shall be substituted;(ii) in sub-section (2), the following proviso shall be inserted, namely:—35"provided that the licensing authority may, before issuing the license verify the identity of the applicant in such manner as may be prescribed by the central government"amendment of section 128 in section 12 of the principal act, after sub-section (4), the following sub-sections shall be inserted, namely:—40"(5) notwithstanding anything contained in any other provision, where any school or establishment has been accredited by a body notified by the central government under any other law for the time being in force, any person who has successfully completed a training module at such school or establishment covering a particular type of motor vehicle shall be eligible to obtain a driving licence for such type of motor vehicle45(6) the curriculum of the training module referred to in sub-section (5) and the remedial driver training course referred to in sub-section (5) of section 9 shall be such as may be prescribed by the central government and that government may make rules for the regulation of such schools or establishments" 9 in section 14 of the principal act, in sub-section (2),—amendment of section 14(i) in clause (a),—(a) for the words "three years", the words "five years" shall be substituted;5(b) in the proviso, for the portion beginning with the words "one year"and ending with the word "and" the words "three years and renewal thereof shall be subject to such conditions as the central government may prescribe; and", shall be substituted; (ii) for clause (b), the following clause shall be substituted, namely:—10"(b) in the case of any other licence, subject to such conditions as the central government may prescribe, if the person obtaining the licence, either originally or on renewal thereof,—(i) has not attained the age of thirty years on the date of issue or, renewal thereof, be effective until the date on which such person attains the age of forty years; or15(ii) has attained the age of thirty years but has not attained the age of fifty years on the date of issue or, renewal thereof, be effective for a period of ten years from the date of such issue or renewal; or20(iii) has attained the age of fifty years but has not attained the age of fifty-five years on the date of issue or, renewal thereof, be effective until the date on which such person attains the age of sixty years; or(iv) has attained the age of fifty-five years on the date of issue or as the case may be, renewal thereof, be effective for a period of five years from the date of such issue or renewal";25(iii) the proviso shall be omitted10 in section 15 of the principal act,—amendment of section 15(i) in sub-section (1), in the first proviso, for the words "more than thirty days", the words "either one year prior to date of its expiry or within one year" shall be substituted;30(ii) in sub-section (3), for the words "thirty days", the words "one year" shall be substituted; and(iii) in sub-section (4),—(a) for the words "thirty days", the words "one year" shall be substituted;and35(b) in the second proviso for the words "five years after the driving license has ceased to be effective, the licensing authority may", the words "one year after the driving licence has ceased to be effective, the licensing authority shall" shall be substituted11 in section 19 of the principal act,—amendment of section 1940(i) after sub-section (1), the following sub-section shall be inserted, namely:—45"(1a) where a licence has been forwarded to the licensing authority under sub-section (4) of section 206, the licensing authority, if satisfied after giving the holder of the driving licence an opportunity of being heard, may either discharge the holder of a driving licence or, it may for detailed reasons recorded in writing, make an order disqualifying such person from holding or obtaining any licence to drive all or any class or description of vehicles specified in the licence—(a) for a first offence, for a period of three months; (b) for a second or subsequent offence, with revocation of the driving licence of such person:5provided that where a driving licence is revoked under this section, the name of the holder of such driving licence may be placed in the public domain in such manner as may be prescribed by the central government";(ii) in sub-section (2),––(a) after the word, brackets and figure "sub-section (1)", the words, brackets, figure and letter "or sub-section (1a)" shall be inserted;10(b) for the proviso, the following proviso shall be substituted, namely:—"provided that the driving licence shall be returned to the holder at the end of the period of disqualification only if he successfully completes the driver refresher training course";(iii) after sub-section (2), the following sub-sections shall be inserted, namely:—15"(2a) the licence holder whose licence has been suspended shall undergo the driver refresher training course from a school or establishment licenced and regulated under section 12 or such other agency, as may be notified by the central government20(2b) the nature, syllabus and duration of the driver refresher training course shall be such as may be prescribed by the central government"; (iv) in sub-section (3), after the word, brackets and figure "sub-section (1)", the words, brackets, figure and letter "or sub-section (1a)" shall be inserted 12 after section 25 of the principal act, the following section shall be inserted, namely:—insertion of new section 25a25"25a (1) the central government shall maintain a national register of driving licences in such form and manner as may be prescribednational register of driving licences(2) all state registers of driving licences shall be subsumed under the national register of driving licences by a date to be notified by the central government30(3) no driving licence issued, or renewed, under this act shall be valid unless it has been issued a unique driving licence number under the national register of driving licences(4) all state governments and licensing authorities under this act shall transmit all information including contained data in the state register of driving licences in such form and manner as may be prescribed by the central government35(5) the state governments shall be entitled to access the national register and update their records in such manner as may be prescribed by the central government" 13 for section 26 of the principal act, the following section shall be substituted, namely:–substitution of new section for section 2640"26 each state government shall maintain, in such form as may be prescribed by the central government, a register to be known as the state register of driving licences, in respect of driving licences issued and renewed by the licensing authorities of the state government, containing particulars, including––maintenance of state registers of driving licences(a) names and addresses of holders of driving licences; (b) licence numbers;(c) dates of issue or renewal of licences; (d) dates of expiry of licences; (e) classes and types of vehicles authorised to be driven; and (f) such other particulars as the central government may prescribe"514 in section 27 of the principal act,—amendment of section 27(i) after clause (d), the following clauses shall be inserted, namely:—"(da) the form and manner in which a licensing authority may issue a learner's licence under sub-section (6) of section 8;10(db) the manner in which a licensing authority may verify the identity of the applicant under the third proviso to sub-section (6) of section 8;";(ii) after clause (j), the following clauses shall be inserted, namely:–"(ja) the curriculum of training modules and the regulation of schools and establishments under sub-section (6) of section 12;15(jb) the conditions for the renewal of licence to drive transport vehicles carrying goods of dangerous or hazardous nature and other motor vehicles under clause (a) and clause (b) of sub-section (2) of section 14;(jc) the manner in which a licensing authority may verify the identity of the applicant under the third proviso to sub-section (2) of section 11;";(iii) after clause (n), the following clauses shall be inserted, namely:—20"(na) the manner of placing in the public domain of the name of the licence holder as referred to in sub-section (1a) of section 19;(nb) providing for the nature, syllabus and duration of the driver refresher training course as referred to in sub-section (2b) of section 19;"; (iv) after clause (o), the following clause shall be inserted, namely:—25"(oa) all or any of the matters referred to in section 25a;";(v) in clause (p), the words, brackets and figure "sub-section (1) of" shall be omitted 15 in section 28 of the principal act, in sub-section (2), clause (j) shall be omittedamendment of section 28 amendment of section 403016 in section 40 of the principal act, for the words "a registering authority", the words"any registering authority in the state" shall be substituted17 in section 41 of the principal act,––amendment of section 41(i) in sub-section (1), after the proviso, the following proviso shall be inserted, namely:—35"provided further that in the case of a new motor vehicle, the application for registration in the state shall be made by the dealer of such motor vehicle, if the new motor vehicle is being registered in the same state in which the dealer is situated"; (ii) in sub-section (3),––40(a) for the words "to the owner of a motor vehicle registered by it a certificate of registration", the words "a certificate of registration in the name of the owner" shall be substituted; (iii) in sub-section (6), the following proviso shall be inserted, namely:—5"provided that in case of a new motor vehicle, the application for the registration of which is made under the second proviso to sub-section (1), such motor vehicle shall not be delivered to the owner until such registration mark is displayed on the motor vehicle in such form and manner as may prescribed by the central government"; (iv) in sub-section (7),—(a) the words "other than a transport vehicle" shall be omitted; and10(b) after the words "date of issue of such certificate", the words "or for such period as may be prescribed by the central government" shall be inserted; (v) in sub-section (8), the words "other than a transport vehicle" shall be omitted;(vi) in sub-section (10),—(a) for the words "for a period of five years", the words "for such period, as may be prescribed by the central government" shall be substituted;15(b) the following proviso shall be inserted, namely:—"provided that the central government may prescribe different period of renewal for different types of motor vehicles";(vii) sub-sections (11), (12) and (13) shall be omitted2018 for section 43 of the principal act, the following section shall be substituted, namely:—substitution of new section for section 43 temporary registration25"43 notwithstanding anything contained in section 40, the owner of a motor vehicle may apply to any registering authority or other authority as may be prescribed by the state government to have the motor vehicle temporarily registered and such authority shall issue a temporary certificate of registration and temporary registration mark in accordance with such rules as may be made by the central government:provided that the state government may register a motor vehicle that plies, temporarily, within the state and issue a certificate of registration and registration mark for a period of one month in such manner as may be prescribed by the state government"3019 for section 44 of the principal act, the following section shall be substituted, namely:—substitution of new section for section 44 production of vehicle at the time of registration35"44 (1) subject to such terms and conditions as may be prescribed by the central government in this behalf, a motor vehicle sold by an authorised dealer shall not require production before a registering authority for the purposes of registration for the first time(2) subject to such terms and conditions as may be prescribed by the state government, a person in whose name a certificate of registration has been issued shall not be required to produce the vehicle registered or transferred before a registering authority"4020 in section 49 of the principal act,—amendment of section 49(i) in sub-section (1), for the words "registering authority, to that other registering authority", the words "state, to any registering authority in that state" shall be substituted;(ii) after sub-section (1), the following sub-section shall be inserted, namely:—"(1a) the intimation under sub-section (1) may be sent to the appropriate registering authority in electronic form along with the electronic form of such documents, including proof of authentication in such manner as may be prescribed by the central government"; (iii) in sub-section (2), for the words "one hundred rupees", the words "five hundred rupees" shall be substituted521 in section 52 of the principal act,—amendment of section 52(i) in sub-section (1), for the second proviso, the following proviso shall be substituted, namely:—10"provided further that the central government may prescribe specifications, conditions for approval, retrofitment and other related matters for the alteration of motor vehicles and in such cases, the warranty granted by the manufacturer shall not be considered as void for the purposes of such alteration or retrofitment"; (ii) after sub-section (1), the following sub-section shall be inserted, namely:—15"(1a) a manufacturer of a motor vehicle shall on the direction issued by the central government, alter or retrofit safety equipment, or any other equipment in accordance with such standards and specifications as may be specified by the central government"; (iii) for sub-section (2), the following sub-section shall be substituted, namely:—20"(2) notwithstanding anything contained in sub-section (1), any person may, with the subsequent approval of the registering authority, alter or cause to be altered any vehicle owned by him to be converted into an adapted vehicle:provided that such alteration complies with such conditions as may be prescribed by the central government";25(iv) in sub-section (3), the words, brackets and figure "or by reason of replacement of its engine without such approval under sub-section (2)" shall be omittedamendment of section 5522 in section 55 of the principal act, after sub-section (5), the following sub-section shall be inserted, namely:—30"(5a) if any registering authority or other prescribed authority has reason to believe that any motor vehicle within its jurisdiction has been used in the commission of an offence punishable under section 199a, the authority may, after giving the owner an opportunity of making a representation in writing, cancel the certificate of registration of the vehicle for a period of one year:provided that the owner of the motor vehicle may apply for fresh registration in accordance with the provisions of section 40 and section 41"3523 in section 56 of the principal act,—amendment of section 56(i) in sub-section (1), after the proviso, the following proviso shall be inserted, namely:—40"provided further that no certificate of fitness shall be granted to a vehicle, after such date as may be notified by the central government, unless such vehicle has been tested at an automated testing station"; (ii) for sub-section (2), the following sub-section shall be substituted, namely:—45"(2) the "authorised testing station" referred to in sub-section (1) means any facility, including automated testing facilities, authorised by the state government, where fitness testing may be conducted in accordance with the rules made by the central government for recognition, regulation and control of such stations"; (iii) in sub-section (4), for the proviso, the following provisos shall be substituted, namely:—"provided that no such cancellation shall be made by the prescribed authority unless,—5(a) such prescribed authority holds such technical qualification as may be prescribed by the central government and where the prescribed authority does not hold the technical qualification, such cancellation is made on the basis of the report of an officer having such qualification; and10(b) the reasons recorded in writing cancelling a certificate of fitness are confirmed by an authorised testing station chosen by the owner of the vehicle whose certificate of fitness is sought to be cancelled: provided further that if the cancellation is confirmed by the authorised testing station, the cost of undertaking the test shall be borne by the owner of the vehicle being tested and in the alternative by the prescribed authority";15(iv) after sub-section (5), the following sub-sections shall be inserted, namely:—"(6) all transport vehicles with a valid certificate of fitness issued under this section shall carry, on their bodies, in a clear and visible manner such distinguishing mark as may be prescribed by the central government20(7) subject to such conditions as the central government may prescribe, the provisions of this section may be extended to non-transport vehicles"amendment of section 5924 in section 59 of the principal act, after sub-section (3), the following sub-section shall be inserted, namely:—25"(4) the central government may, having regard to the public safety, convenience, protection of the environment and the objects of this act, make rules prescribing the manner of recycling of motor vehicles and parts thereof which have exceeded their life" 25 after section 62 in the principal act, the following sections shall be inserted, namely:—insertion of new sections 62a and 62b30"62a (1) no registering authority shall register any motor vehicle that contravenes any rule made under clause (a) of sub-section (1) of section 110(2) no prescribed authority or authorised testing station shall issue a certificate of fitness under section 56 to any motor vehicle that contravenes any rule made under section 110prohibition of registration and issuance of certifricate of fitness to oversized vehicles3562b (1) the central government shall maintain a national register of motor vehicles in such form and manner as may be prescribed by it:national register of motor vehiclesprovided that all state registers of motor vehicles shall be subsumed under the national register of motor vehicles by such date as may be notified in the official gazette by the central government40(2) no certificate of registration issued, or renewed, under this act shall be valid unless it has been issued a unique registration number under the national register of motor vehicles45(3) in order to maintain the national register of motor vehicles, all state governments and registering authorities under this act shall transmit all information and data in the state register of motor vehicles to the central government in such form and manner as may be prescribed by the central government(4) state governments shall be able to access the national register of motor vehicles and update records in accordance with the provisions of this act and the rules made by the central government thereunder"526 for section 63 of the principal act, the following section shall be substituted, namely:—substitution of new section for section 63"63 each state government shall maintain in such form as may be prescribed by the central government a register to be known as the state register of motor vehicles, in respect of the motor vehicles in that state, containing the particulars including—maintenance of state registers of motor vehicles(a) registration numbers;10(b) years of manufacture; (c) classes and types; (d) names and addresses of registered owners; and (e) such other particulars as may be prescribed by the central government"27 in section 64 of the principal act,—amendment of section 6415(i) after clause (d), the following clause shall be inserted, namely:—"(da) providing for the period of validity of a certificate of registration under sub-section (7) of section 41;"; (ii) after clause (e), the following clause shall be inserted, namely:—20"(ea) the period of renewal of certificate of registration of different types of motor vehicles under sub-section (10) of section 41;"; (iii) after clause (f), the following clauses shall be inserted, namely:—"(fa) the issue of temporary certificate of registration and temporary registration mark under section 43;25(fb) the terms and conditions under which a motor vehicle sold by an authorised dealer shall not require production before a registering authority under sub-section (1) of section 44;";(iv) after clause (j), the following clause shall be inserted, namely:—30"(ja) the form and manner for the electronic submission of the intimation of change of address, documents to be submitted along with such intimation including proof of authentication under sub-section (1a) of section 49;";(v) after clause (l), the following clauses shall be inserted, namely:—"(la) specifications, conditions for approval, retrofitment and other related matters for the alteration of motor vehicles under sub-section (1) of section 52;35(lb) the conditions for the alteration of any motor vehicle into an adapted vehicle under sub-section (2) of section 52;"; (vi) after clause (n), the following clauses shall be inserted, namely:—"(na) the distinguishing mark to be carried on the body of transport vehicles under sub-section (6) of section 56;40(nb) the conditions under which the application of section 56 may be extended to non-transport vehicles under sub-section (7) of section 56;(nc) the recycling of motor vehicles and parts thereof which have exceeded their life under sub-section (4) of section 59;"; (vii) after clause (o), the following clauses shall be inserted, namely:—"(oa) all or any of the matters under sub-section (1) of section 62b;(ob) all or any of the matters under sub-section (1) and sub-section (2) of section 63;"528 in section 65 of the principal act, in sub-section (2),—amendment of section 65(i) in clause (f), after the word "marks", the words and figures "under proviso to section 43" shall be inserted;(ii) clause (o) shall be omitted29 in section 66 of the principal act,––amendment of section 6610(i) in sub-section (1), after the third proviso, the following proviso shall be inserted, namely:—15"provided also that where a transport vehicle has been issued any permit or permits, as well as a licence under this act, such vehicle may be used either under the permit, or permits, so issued to it, or under such licence, at the discretion of the vehicle owner"; (ii) in sub-section (3), after clause (p), the following clause shall be inserted, namely:—20"(q) to any transport vehicle having been issued a licence under a scheme, under sub-section (3) of section 67 or sub-section (1) of section 88a, or plying under such orders as may be issued by the central government or by the state government"30 after section 66 of the principal act, the following sections shall be inserted, namely:––insertion of new sections 66a and 66b25national transportation policy"66a (1) the central government may develop a national transportation policy consistent with the objects of this act in consultation with state governments and other agencies with a view to—(i) establish a planning framework for passengers and goods transportationwithin which transport bodies are to operate;30(ii) establish a medium and long term planning framework for all forms ofroad transport, identify areas for the development of transport improvement infrastructure across india in consultation with the authorities and agencies related to ports, railways and aviation as well as with local and state level planning, land holding and regulatory authorities for the delivery of an integrated multimodal transport system;35(iii) establish the framework of grant of permits and schemes; (iv) establish strategic policy for transport by road and its role as a link toother means of transport;(v) identify strategic policies and specify priorities for the transport systemthat address current and future challenges;40(vi) provide medium to long term strategic directions, priorities and actions; (vii) promote competition, innovation, increase in capacity, seamlessmobility and greater efficiency in transport of goods or livestock or passengers, and economical use of resources;45(viii) safeguard the interest of the public and promote equity, while seeking toenhance private participation and public-private partnership in the transport sector;(ix) demonstrate an integrated approach to transport and land use planning;(x) identify the challenges that the national transportation policy seeks to address; and5(xi) address any other matter deemed relevant by the central government66b no person who holds the permit issued under this act shall—(a) be disqualified from applying for a licence under the scheme made under sub-section (3) of section 67 or sub-section (1) of section 88a by reason of holding such permit; and no bar against permit holders to apply and hold licences under schemes10(b) be required to get such permit cancelled on being issued a licence under any scheme made under this act"31 in section 67 of the principal act,—amendment of section 67(i) for sub-section (1), the following sub-section shall be substituted, namely:—"(1) a state government, having regard to —15(a) the advantages offered to the public, trade and industry by the development of motor transport,(b) the desirability of co-ordinating road and rail transport, (c) the desirability of preventing the deterioration of the road system, and20(d) promoting effective competition among the transport service providers,25may, from time to time, by notification in the official gazette issue directions both to the state transport authority and regional transport authority regarding the passengers' convenience, economically competitive fares, prevention of overcrowding and road safety"; (ii) in sub-section (2), the following proviso shall be inserted, namely:—30"provided that the state government may subject to such conditions as it may deem fit, and with a view to achieving the objectives specified in clause (d) of sub-section (1), relax all or any of the provisions made under this chapter"; (iii) after sub-section (2), the following sub-sections shall be inserted, namely:—35"(3) notwithstanding anything contained in this act, the state government may, by notification in the official gazette, modify any permit issued under this act or make schemes for the transportation of goods and passengers and issue licences under such scheme for the promotion of development and efficiency in transportation—(a) last mile connectivity; (b) rural transport; (c) reducing traffic congestion;40(d) improving urban transport; (e) safety of road users; (f) better utilisation of transportation assets; (g) the enhancement of economic vitality of the area, through competitiveness, productivity, and efficiency;(h) the increase in the accessibility and mobility of people; (i) the protection and enhancement of the environment; (j) the promotion of energy conservation; (k) improvement of the quality of life;5(l) enhance integration and connectivity of the transportationsystem, across and between modes of transport; and(m) such other matters as the central government may deem fit10(4) the scheme framed under sub-section (3), shall specify the fees to be charged, form of application and grant of a licence including the renewal, suspension, cancellation or modification of such licence"amendment of section 7232 in section 72 of the principal act, in sub-section (2), the following proviso shall be inserted, namely:—"provided that the regional transport authority may waive any such condition for a stage carriage permit operating in a rural area, as it deems fit"1533 in section 74 of the principal act,—amendment of section 74(i) in sub-section (2), the following proviso shall be inserted, namely:—"provided that the regional transport authority may in the interests of last mile connectivity waive any such condition in respect of any such types of vehicles as may be specified by the central government";20(ii) in sub-section (3), in the proviso to clause (b), after sub-clause (vi), the following sub-clause shall be inserted, namely:—"(vii) self-help groups"34 after section 88 of the principal act, the following section shall be inserted, namely:—insertion of new section 88a25"88a (1) notwithstanding anything contained in this act, the central government may, by notification in the official gazette, modify any permit issued under this act or make schemes for national, multimodal and inter-state transportation of goods or passengers, and issue or modify licences under such scheme for the following purposes, namely:—30(a) last mile connectivity; (b) rural transport;power of central government to make schemes for national, multimodal and inter-state transport of passengers and goods(c) improving the movement of freight, and logistics; (d) better utilisation of transportation assets;35(e) the enhancement to the economic vitality of the area, especially byenabling competitiveness, productivity and efficiency;(f) the increase in the accessibility and mobility of people; (g) the protection and enhancement of the environment; (h) the promotion of energy conservation; (i) improvement of the quality of life;40(j) enhancement of the integration and connectivity of the transportationsystem, across and between modes of transport; and(k) such other matters as the central government may deem fit:provided that the central government may, before taking any action under this sub-section consult the state governments5(2) notwithstanding anything contained in sub-section (1), two or more states may make schemes for the operation within such states for the inter-state transportation of goods or passengers:provided that in the event of any repugnancy between the schemes made by the central government under sub-section (1) and schemes made by two or more states under this sub-section, the schemes made under sub-section (1) shall prevailamendment of section 921035 in section 92 of the principal act, for the words "stage carriage or contract carriage, in respect of which a permit", the words "transport vehicle, in respect of which a permit or licence" shall be substituted36 in section 93 of the principal act,—amendment of section 93(i) for the marginal heading, the following marginal heading shall be substituted, namely:—15"agent or canvasser or aggregator to obtain licence";(ii) in sub-section (1),—(a) after clause (ii), the following clause shall be inserted, namely:—"(iii) as an aggregator,";(b) the following provisos shall be inserted, namely:—20"provided that while issuing the licence to an aggregator the state government may follow such guidelines as may be issued by the central government:21 of 2000 25provided further that every aggregator shall comply with the provisions of the information technology act, 2000 and the rules and regulations made thereunder"amendment of section 9437 in section 94 of the principal act, after the word "permit" occurring at both the places the words "or licence issued under any scheme" shall be insertedamendment of section 9638 in section 96 of the principal act, in sub-section (2), after clause (xxxii), the following clauses shall be inserted, namely:—30"(xxxiia) framing of schemes under sub-section (3) of section 67;(xxxiib) the promotion of effective competition, passenger convenience and safety, competitive fares and prevention of overcrowding;" 39 in section 110 of the principal act,—amendment of section 11035(i) in sub-section (1), in clause (k), after the words "standards of the components", the words ", including software," shall be inserted;(ii) in sub-section (2), after the words "in particular circumstances", the words"and such rules may lay down the procedure for investigation, the officers empowered to conduct such investigations, the procedure for hearing of such matters and the penalties to be levied thereunder" shall be inserted;40(iii) after sub-section (2), the following sub-section shall be inserted, namely:—"(2a) persons empowered under sub-section (2) to conduct investigations referred to in sub-section (2) shall have all the powers of a civil court, while trying a suit under the code of civil procedure, 1908 in respect of the following matters, namely:—(a) summoning and enforcing the attendance of any person andexamining him on oath;(b) requiring the discovery and production of any document; (c) receiving evidence on affidavit; and5(d) any other matter as may be prescribed"40 after section 110 of the principal act, the following sections shall be inserted, namely:—insertion of new sections 110a and 110b"110a (1) the central government may, by order, direct a manufacturer to recall motor vehicles of a particular type or its variants, if—recall of motor vehicles10(a) a defect in that particular type of motor vehicle may cause harm to theenvironment or to the driver or occupants of such motor vehicle or other road users; and(b) a defect in that particular type of motor vehicle has been reported tothe central government by—15(i) such percentage of owners, as the central government, may bynotification in the official gazette, specify; or(ii) a testing agency; or (iii) any other source20(2) where the defect referred to in sub-section (1) lies in a motor vehicle component, the central government may, by order, direct a manufacturer to recall all motor vehicles which contain such component, regardless of the type or variants of such motor vehicle(3) a manufacturer whose vehicles are recalled under sub-section (1) or sub-section (2), shall—25(a) reimburse the buyers for the full cost of the motor vehicle, subject toany hire-purchase or lease-hypothecation agreement; or(b) replace the defective motor vehicle with another motor vehicle of similaror better specifications which complies with the standards specified under this act or repair it; and30(c) pay such fines and other dues in accordance with sub-section (6)(4) where a manufacturer notices a defect in a motor vehicle manufactured by him, he shall inform the central government of the defect and initiate recall proceedings and in such case the manufacturer shall not be liable to pay fine under sub-section (3)355 of 1908(5) the central government may authorise any officer to conduct investigation under this section who shall have all the powers of a civil court, while trying a suit under the code of civil procedure, 1908 in respect of the following matters, namely:—(a) summoning and enforcing the attendance of any person and examininghim on oath;(b) requiring the discovery and production of any document; (c) receiving evidence on affidavit; and (d) any other matter as may be prescribed(6) the central government may make rules for regulating the recall of motor vehicles, of a particular type or its variants, for any defect which in the opinion of the central government, may cause harm to the environment or to the driver or occupants of such motor vehicle or to other road users5110b (1) no motor vehicle, including a trailer or semi-trailer or modular hydraulic trailer or side car shall be sold or delivered or offered for sale or delivery or used in a public place in india unless a type-approval certificate referred to in sub-section (2)has been issued in respect of such vehicle:typeapproval certificate and testing agenciesprovided that the central government may, by notification in the official gazette, extend the requirement of type-approval certificate to other vehicles drawn or intended to be drawn by a motor vehicle:10provided further that such certificate shall not be required for vehicles which are—(a) intended for export or display or demonstration or exhibition; or15(b) used by a manufacturer of motor vehicles or motor vehicle components or a research and development centre or a test by agency for testing and validation or for data collection, inside factory premises or in a non-public place; or(c) exempted by the central government20(2) the manufacturer or importer of motor vehicles including trailers, semi-trailers, modular hydraulic trailers and side cars shall submit the prototype of the vehicle to be manufactured or imported for test to a testing agency for obtaining a type-approval certificate by such agency(3) the central government shall make rules for the accreditation, registration and regulation of testing agencies25(4) the testing agencies shall conduct tests on vehicles drawn from the production line of the manufacturer or obtained otherwise to verify the conformity of such vehicles to the provisions of this chapter and the rules and regulations made thereunder30(5) where the motor vehicle having a type-approval certificate is recalled under section 110a, the testing agency which granted the certificate to such motor vehicle shall be liable for its accreditation and registration to be cancelled"amendment of section 11441 in section 114 of the principal act, in sub-section (1), for the words "authorised in this behalf by the state government", the words "or any other person authorised in this behalf by the state government" shall be substituted42 in section 116 of the principal act,—35amendment of section 116(i) after sub-section (1), the following sub-section shall be inserted, namely:—68 of 1988 40"(1a) notwithstanding anything contained in sub-section (1), the national highways authority of india constituted under the national highways authority of india act, 1988 or any other agency authorised by the central government, may cause or permit traffic signs, as provided in the first schedule, to be placed or erected or removed on national highways for the purpose of regulating motor vehicle traffic and may order the removal of any sign or advertisement which in its opinion is so placed as to obscure any traffic sign from view or is so similar in appearance to a traffic sign as to mislead or is likely to distract the attention or concentration of the driver:45provided that for the purposes of this sub-section, the national highway authority of india or any other agency authorised by the central government may seek assistance from the authorities of the state government and the said state government shall provide such assistance" (ii) in sub-section (3), after the words, brackets and figure "provided by sub-section (1)", the words, brackets, figure and letter "or sub-section (1a)" shall be inserted; and 43 in section 117 of the principal act, the following provisos shall be inserted, namely:—5amendment of section 117"provided that the state government or the authorised authority shall, give primacy to the safety of road users and the free flow of traffic in determining such places:1068 of 1988provided further that for the purpose of this section the national highways authority of india, constituted under the national highways authority of india act, 1988 or any other agency authorised by the central government, may also determine such places" 44 for section 129 of the principal act, the following section shall be substituted, namely:—substitution of new section for section 12915wearing of protective headgear'129 every person, above four years of age, driving or riding or being carried on a motorcycle of any class or description shall, while in a public place, wear protective headgear conforming to such standards as may be prescribed by the central government:20provided that the provisions of this section shall not apply to a person who is a sikh, if, while driving or riding on the motorcycle, in a public place, he is wearing a turban:provided further that the central government may by rules provide for measures for the safety of children below four years of age riding or being carried on a motorcycleexplanation— "protective headgear" means a helmet which,—25(a) by virtue of its shape, material and construction, could reasonably be expected to afford to the person driving or riding on a motorcycle a degree of protection from injury in the event of an accident; and(b) is securely fastened to the head of the wearer by means of straps or other fastenings provided on the headgear'3045 after section 134 of the principal act, the following section shall be inserted, namely:—insertion of new section 134a protection of good samaritans"134a (1) a good samaritan shall not be liable for any civil or criminal action for any injury to or death of the victim of an accident involving a motor vehicle, where such injury or death resulted from the good samaritan's negligence in acting or failing to act while rendering emergency medical or non-medical care or assistance35(2) the central government may by rules provide for the procedure forquestioning or examination of the good samaritan, disclosure of personal information of the good samaritan and such other related matters40explanation—for the purposes of this section, "good samaritan" means a person, who in good faith, voluntarily and without expectation of any reward or compensation renders emergency medical or non-medical care or assistance at the scene of an accident to the victim or transports such victim to the hospital 46 in section 135 of the principal act,—(i) in sub-section (1),—amendment of section 135(a) in clause (c), the word "and" shall be omitted; (b) in clause (d), for the word "highways", the words "highways; and"shall be substituted; and (ii) after clause (d), the following clause shall be inserted, namely:—5"(e) any other amenities in the interests of the safety and the convenience of the public"; (iii) after sub-section (2), the following sub-section shall be inserted, namely:—"(3) the central government may, by notification in the official gazette, make one or more schemes to conduct in-depth studies on the causes and analysis of road accidents"1047 after section 136 of the principal act, the following section shall be inserted, namely:—insertion of new section 136a15'136a (1) the state government shall ensure electronic monitoring and enforcement of road safety in the manner provided under sub-section (2) on national highways, state highways, roads or in any urban city within a state which has a population up to such limits as may be prescribed by the central governmentelectronic monitoring and enforcement of road safety(2) the central government shall make rules for the electronic monitoring and enforcement of road safety including speed cameras, closed-circuit television cameras, speed guns, body wearable cameras and such other technology20explanation—for the purpose of this section the expression "body wearable camera" means a mobile audio and video capture device worn on the body or uniform of a person authorised by the state government' 48 in section 137 of the principal act,—(i) after clause (a), the following clause shall be inserted, namely:—amendment of section 13725"(aa) providing for the standards of protective headgear and measures for the safety of children below the age of four years riding under section 129;"; (ii) after clause (b), the following clause shall be inserted, namely:—"(c) providing for limits of urban city by the state governments under sub-section (1) of section 136a; and30(d) providing for electronic monitoring and enforcement under sub-section (2) of section 136a"49 in section 138 of the principal act, after sub-section (1), the following sub-section shall be inserted, namely:—amendment of section 13835"(1a) the state government may, in the interest of road safety, make rules for the purposes of regulating the activities and access of non-mechanically propelled vehicles and pedestrians to public places and national highways:provided that in the case of national highways, such rules shall be framed in consultation with the national highways authority of india" 50 chapter x in the principal act shall be omittedomission of chapter x4051 for chapter xi of the principal act, the following chapter shall be substituted, namely:—substitution of new chapter xi for chapter xi 'chapter xi insurance of motor vehicles against third party risksdefinitions145 in this chapter,—541 of 199957 of 1972(a) "authorised insurer" means an insurer for the time being carrying ongeneral insurance business in india and granted a certificate of registration by the insurance regulatory and development authority of india established under section 3 of the insurance regulatory and development authority act, 1999 and any government insurance fund authorised to do general insurance business under the general insurance business (nationalisation) act, 1972;10(b) "certificate of insurance" means a certificate issued by an authorisedinsurer in pursuance of section 147 and includes a cover note complying with such requirements as may be prescribed, and where more than one certificate has been issued in connection with a policy, or where a copy of a certificate has been issued, all those certificates or that copy, as the case may be;1545 of 1860(c) "grievous hurt" shall have the same meaning as assigned to it insection 320 of the indian penal code, 1860;(d) "hit and run motor accident" means an accident arising out of the useof a motor vehicle or motor vehicles the identity whereof cannot be ascertained in spite of reasonable efforts for the purpose;2041 of 1999(e) "insurance regulatory and development authority" means theinsurance regulatory and development authority established under section 3 of the insurance regulatory and development authority act, 1999;(f) "policy of insurance" includes certificate of insurance;25(g) "property" includes roads, bridges, culverts, causeways, trees, posts,milestones and baggage of passengers and goods carried in any motor vehicle;(h) "reciprocating country" means any such country as may on the basisof reciprocity be notified by the central government in the official gazette to be a reciprocating country for the purposes of this act;30(i) "third party" includes the government, the driver and any otherco-worker on a transport vehiclenecessity for insurance against third party risks146 (1) no person shall use, except as a passenger, or cause or allow any other person to use, a motor vehicle in a public place, unless there is in force, in relation to the use of the vehicle by that person or that other person, as the case may be, a policy of insurance complying with the requirements of this chapter:356 of 1991provided that in the case of a vehicle carrying, or meant to carry, dangerous or hazardous goods, there shall also be a policy of insurance under the public liability insurance act, 199140explanation—for the purposes of this sub-section, a person driving a motor vehicle merely as a paid employee, while there is in relation to the use of the vehicle no such policy in force as is required by this sub-section, shall not be deemed to act in contravention of the sub-section unless he knows or has reason to believe that there is no such policy in force45(2) the provisions of sub-section (1) shall not apply to any vehicle owned by the central government or a state government and used for purposes not connected with any commercial enterprise(3) the appropriate government may, by order, exempt from the operation of sub-section (1), any vehicle owned by any of the following authorities, namely:—(a) the central government or a state government, if the vehicle is used for purposes connected with any commercial enterprise;(b) any local authority; (c) any state transport undertaking:5provided that no such order shall be made in relation to any such authority unless a fund has been established and is maintained by that authority in such manner as may be prescribed by appropriate government10explanation—for the purposes of this sub-section, "appropriate government" means the central government or a state government, as the case may be, and—(i) in relation to any corporation or company owned by the central government or any state government, means the central government or that state government;15(ii) in relation to any corporation or company owned by the central government and one or more state governments, means the central government;(iii) in relation to any other state transport undertaking or any local authority, means that government which has control over that undertaking or authority20147 (1) in order to comply with the requirements of this chapter, a policy of insurance must be a policy which—requirement of policies and limits of liability(a) is issued by a person who is an authorised insurer; and (b) insures the person or classes of persons specified in the policy to the extent specified in sub-section (2)—25(i) against any liability which may be incurred by him in respect of the death of or bodily injury to any person including owner of the goods or his authorised representative carried in the motor vehicle or damage to any property of a third party caused by or arising out of the use of the motor vehicle in a public place;30(ii) against the death of or bodily injury to any passenger of a transport vehicle, except gratuitous passengers of a goods vehicle, caused by or arising out of the use of the motor vehicle in a public place35explanation—for the removal of doubts, it is hereby clarified that the death of or bodily injury to any person or damage to any property of a third party shall be deemed to have been caused by or to have arisen out of, the use of a vehicle in a public place, notwithstanding that the person who is dead or injured or the property which is damaged was not in a public place at the time of the accident, if the act or omission which led to the accident occurred in a public place40 45(2) notwithstanding anything contained under any other law for the time being in force, for the purposes of third party insurance related to either death of a person or grievous hurt to a person, the central government shall prescribe a base premium and the liability of an insurer in relation to such premium for an insurance policy under sub-section (1) in consultation with the insurance regulatory and development authority(3) a policy shall be of no effect for the purposes of this chapter unless and until there is issued by the insurer in favour of the person by whom the policy is effected, a certificate of insurance in the prescribed form and containing the prescribed particulars of any condition subject to which the policy is issued and of any other prescribed matters; and different forms, particulars and matters may be prescribed in different cases5(4) notwithstanding anything contained in this act, a policy of insurance issued before the commencement of the motor vehicles (amendment) act, 2019 shall be continued on the existing terms under the contract and the provisions of this act shall apply as if this act had not been amended by the said act10(5) where a cover note issued by the insurer under the provisions of this chapter or the rules or regulations made thereunder is not followed by a policy of insurance within the specified time, the insurer shall, within seven days of the expiry of the period of the validity of the cover note, notify the fact to the registering authority or to such other authority as the state government may prescribe15(6) notwithstanding anything contained in any other law for the time being in force, an insurer issuing a policy of insurance under this section shall be liable to indemnify the person or classes of persons specified in the policy in respect of any liability which the policy purports to cover in the case of that person or those classes of persons20validity of policies of insurance issued in reciprocating countries25148 where, in pursuance of an arrangement between india and any reciprocating country, the motor vehicle registered in the reciprocating country operates on any route or within any area common to the two countries and there is in force in relation to the use of the vehicle in the reciprocating country, a policy of insurance complying with the requirements of the law of insurance for the time being in force in that country, then, notwithstanding anything contained in section 147 but subject to any rules which may be made under section 164b such policy of insurance shall be effective throughout the route or area in respect of which the arrangement has been made, as if the policy of insurance had complied with the requirements of this chapter149 (1) the insurance company shall, upon receiving information of the accident, either from claimant or through accident information report or otherwise, designate an officer to settle the claims relating to such accidentsettlement by insurance company and procedure therefor30(2) an officer designated by the insurance company for processing the settlement of claim of compensation may make an offer to the claimant for settlement before the claims tribunal giving such details, within thirty days and after following such procedure as may be prescribed by the central government(3) if, the claimant to whom the offer is made under sub-section (2),—(a) accepts such offer,—35(i) the claims tribunal shall make a record of such settlement, and such claim shall be deemed to be settled by consent; and(ii) the payment shall be made by the insurance company within a maximum period of thirty days from the date of receipt of such record of settlement;40(b) rejects such offer, a date of hearing shall be fixed by the claims tribunal to adjudicate such claim on merits45150 (1) if, after a certificate of insurance has been issued under sub-section (3)of section 147 in favour of the person by whom a policy has been effected, judgment or award in respect of any such liability as is required to be covered by a policy under clause (b) of sub-section (1) of section 147 (being a liability covered by the terms of the policy) or under the provisions of section 164 is obtained against any person insured by the policy, then, notwithstanding that the insurer may be entitled to avoid or cancel or may have avoided or cancelled the policy, the insurer shall, subject to the provisions of this section, pay to the person entitled to the benefit of the award any sum notduty of insurers to satisfy judgments and awards against persons insured in respect of third party risksexceeding the sum assured payable thereunder, as if that person were the decree holder, in respect of the liability, together with any amount payable in respect of costs and any sum payable in respect of interest on that sum by virtue of any enactment relating to interest on judgments5 10(2) no sum shall be payable by an insurer under sub-section (1) in respect of any judgment or award unless, before the commencement of the proceedings in which the judgment or award is given the insurer had notice through the court or, as the case may be, the claims tribunal of the bringing of the proceedings, or in respect of such judgment or award so long as its execution is stayed pending an appeal; and an insurer to whom notice of the bringing of any such proceedings is so given shall be entitled to be made a party thereto, and to defend the action on any of the following grounds, namely:—(a) that there has been a breach of a specified condition of the policy, being one of the following conditions, namely:––15(i) a condition excluding the use of the vehicle—(a) for hire or reward, where the vehicle is on the date of the contract of insurance a vehicle not covered by a permit to ply for hire or reward; or(b) for organised racing and speed testing; or20(c) for a purpose not allowed by the permit under which the vehicle is used, where the vehicle is a transport vehicle; or(d) without side-car being attached where the vehicle is a two-wheeled vehicle; or25(ii) a condition excluding driving by a named person or by any person who is not duly licenced or by any person who has been disqualified for holding or obtaining a driving licence during the period of disqualification or driving under the influence of alcohol or drugs as laid down in section 185; or30(iii) a condition excluding liability for injury caused or contributed to by conditions of war, civil war, riot or civil commotion; or (b) that the policy is void on the ground that it was obtained by nondisclosure of any material fact or by representation of any fact which was false in some material particular; or4 of 193835(c) that there is non-receipt of premium as required under section 64vb of the insurance act, 19385 of 19084 of 193840(3) where any such judgment or award as is referred to in sub-section (1) is obtained from a court in a reciprocating country and in the case of a foreign judgment is, by virtue of the provisions of section 13 of the code of civil procedure, 1908 conclusive as to any matter adjudicated upon by it, the insurer (being an insurer registered under the insurance act, 1938 and whether or not that person is registered under the corresponding law of the reciprocating country) shall be liable to the person entitled to the benefit of the decree in the manner and to the extent specified in sub-section (1), as if the judgment or award were given by a court in india:45provided that no sum shall be payable by the insurer in respect of any such judgment or award unless, before the commencement of the proceedings in which the judgment or award is given, the insurer had notice through the court concerned of the bringing of the proceedings and the insurer to whom notice is so given is entitled under the corresponding law of the reciprocating country, to be made a party to the proceedings and to defend the action on grounds similar to those specified in sub-section (2)5(4) where a certificate of insurance has been issued under sub-section (3) of section 147 to the person by whom a policy has been effected, so much of the policy as purports to restrict the insurance of the persons insured thereby, by reference to any condition other than those in sub-section (2) shall, as respects such liabilities as are required to be covered by a policy under clause (b) of sub-section (1) of section 147, be of no effect10(5) no insurer to whom the notice referred to in sub-section (2) or sub-section (3)has been given shall be entitled to avoid his liability to any person entitled to the benefit of any such judgment or award as is referred to in sub-section (1) or in such judgment as is referred to in sub-section (3) otherwise than in the manner provided for in sub-section (2) or in the corresponding law of the reciprocating country, as the case may be15(6) if on the date of filing of any claim, the claimant is not aware of the insurance company with which the vehicle had been insured, it shall be the duty of the owner of the vehicle to furnish to the tribunal or court the information as to whether the vehicle had been insured on the date of the accident, and if so, the name of the insurance company with which it is insuredexplanation—for the purposes of this section,—20(a) "award" means an award made by the claims tribunal under section 168;(b) "claims tribunal" means a claims tribunal constituted under section 165;25(c) "liability covered by the terms of the policy" means the liability which is covered by the policy or which would be so covered but for the fact that the insurer is entitled to avoid or cancel or has avoided or cancelled the policy; and(d) "material fact" and "material particular" means, respectively, a fact or particular of such a nature as to influence the judgment of a prudent insurer in determining whether he shall take the risk and, if so, at what premium and on what conditions30151 (1) where under any contract of insurance affected in accordance with the provisions of this chapter, a person is insured against liabilities which he may incur to third parties, then—rights of third parties against insurers on insolvency of insured(a) in the event of the person becoming insolvent or making a composition or arrangement with his creditors; or35 40(b) where the insured person is a company, in the event of a winding-up orderbeing made or a resolution for a voluntary winding-up being passed with respect to the company or of a receiver or manager of the company's business or undertaking being duly appointed, or of possession being taken by or on behalf of the holders of any debentures secured by a floating charge of any property comprised in or subject to the charge,if, either before or after that event, any such liability is incurred by the insured person his rights against the insurer under the contract in respect of the liability shall, notwithstanding anything to the contrary in any provision of law, be transferred to and vest in the third party to whom the liability was so incurred45(2) where an order for the administration of the estate of a deceased debtor ismade according to the law of insolvency, then, if any debt provable in insolvency is owing by the deceased in respect of a liability to a third party against which he was insured under a contract of insurance in accordance with the provisions of this chapter, the deceased debtor's rights against the insurer in respect of that liability shall,notwithstanding anything to the contrary in any provision of law, be transferred to and vest in the person to whom the debt is owing5(3) any condition in a policy issued for the purposes of this chapter purporting, either directly or indirectly, to avoid the policy or to alter the rights of the parties thereunder upon the happening to the insured person of any of the events specified in clause (a) or clause (b) of sub-section (1) or upon the making of an order for the administration of the estate of a deceased debtor according to the law of insolvency, shall be of no effect10(4) upon a transfer under sub-section (1) or sub-section (2), the insurer shall be under the same liability to the third party as he would have been to the insured person, but—15(a) if the liability of the insurer to the insured person exceeds the liability of the insured person to the third party, nothing in this chapter shall affect the rights of the insured person against the insurer in respect of the excess amount; and(b) if the liability of the insurer to the insured person is less than the liability of the insured person to the third party, nothing in this chapter shall affect the rights of the third party against the insured person in respect of the balance amount20duty to give information as to insurance25152 (1) no person against whom a claim is made in respect of any liability referred to in clause (b) of sub-section (1) of section 147 shall, on demand by or on behalf of the person making the claim, refuse to state whether or not he was insured in respect of that liability by any policy issued under the provisions of this chapter, or would have been so insured if the insurer had not avoided or cancelled the policy, nor shall he refuse, if he was or would have been so insured, to give such particulars with respect to that policy as were specified in the certificate of insurance issued in respect thereof30 35 40 45(2) in the event of any person becoming insolvent or making an arrangement with his creditors or in the event of an order being made for the administration of the estate of a deceased person according to the law of insolvency, or in the event of a winding-up order being made or a resolution for a voluntary winding-up being passed with respect to any company or of a receiver or manager of the company's business or undertaking being duly appointed or of possession being taken by or on behalf of the holders of any debentures secured by a floating charge on any property comprised in or subject to the charge, it shall be the duty of the insolvent debtor, personal representative of the deceased debtor or company, as the case may be, or the official assignee or receiver in insolvency, trustee, liquidator, receiver or manager, or person in possession of the property to give, on the request of any person claiming that the insolvent debtor, deceased debtor or company is under such liability to him as is covered by the provision of this chapter, such information as may reasonably be required by him for the purpose of ascertaining whether any rights have been transferred to and vested in him by section 151, and for the purpose of enforcing such rights, if any, and any such contract of insurance as purports whether directly or indirectly to avoid the contract or to alter the rights of the parties thereunder upon the giving of such information in the events aforesaid, or otherwise to prohibit or prevent the giving thereof in the said events, shall be of no effect(3) if, from the information given to any person in pursuance of sub-section (2)or otherwise, he has reasonable ground for supporting that there have or may have been transferred to him under this chapter rights against any particular insurer, that insurer shall be subject to the same duty as is imposed by the said sub-section on the persons therein mentioned(4) the duty to give the information imposed by this section shall include a duty to allow all contracts of insurance, receipts for premiums, and other relevant documents in the possession or power of the person on whom the duty is so imposed to be inspected and copies thereof to be taken5153 (1) no settlement made by an insurer in respect of any claim which might bemade by a third party in respect of any liability of the nature referred to in clause (b) ofsub-section (1) of section 147 shall be valid unless such third party is a party to the settlementsettlement between insurers and insured persons10(2) the claims tribunal shall ensure that the settlement is bona fide and was notmade under undue influence and the compensation is made in accordance with the payment schedule referred to in sub-section (1) of section 16415 20(3) where a person who is insured under a policy issued for the purpose of this chapter has become insolvent, or where, if such insured person is a company, a winding-up order has been made or a resolution for a voluntary winding-up has been passed with respect to the company, no agreement made between the insurer and the insured person after the liability has been incurred to a third party and after the commencement of the insolvency or winding-up, as the case may be, nor any waiver, assignment or other disposition made by or payment made to the insured person after the commencement aforesaid, shall be effective to defeat the rights transferred to the third party under this chapter; but those rights shall be the same as if no such agreement, waiver, assignment or disposition or payment has been madesaving in respect of sections 151, 152 and 15325154 (1) for the purposes of sections 151, 152 and 153, a reference to "liabilities to third parties" in relation to a person insured under any policy of insurance shall not include a reference to any liability of that person in the capacity of insurer under some other policy of insurance(2) the provisions of sections 151, 152 and 153 shall not apply where a company is wound-up voluntarily merely for the purposes of reconstruction or of an amalgamation with another company39 of 192530effect of death on certain causes of action155 notwithstanding anything contained in section 306 of the indian succession act, 1925, the death of a person in whose favour a certificate of insurance had been issued, if it occurs after the happening of an event which has given rise to a claim under the provisions of this chapter, shall not be a bar to the survival of any cause of action arising out of such event against his estate or against the insurer35156 when an insurer has issued a certificate of insurance in respect of a contractof insurance between the insurer and the insured person, then—effect of certificate of insurance40(a) if and so long as the policy described in the certificate has not been issued by the insurer to the insured, the insurer shall, as between himself and any other person except the insured, be deemed to have issued to the insured person a policy of insurance conforming in all respects with the description and particulars stated in such certificate; and45(b) if the insurer has issued to the insured the policy described in the certificate, but the actual terms of the policy are less favourable to persons claiming under or by virtue of the policy against the insurer either directly or through the insured than the particulars of the policy as stated in the certificate, the policy shall, as between the insurer and any other person except the insured, be deemed to be in terms conforming in all respects with the particulars stated in the said certificatetransfer of certificate of insurance50157 (1) where a person, in whose favour the certificate of insurance has been issued in accordance with the provisions of this chapter, transfers to another person the ownership of the motor vehicle in respect of which such insurance was taken together with the policy of insurance relating thereto, the certificate of insurance and the policy described in the certificate shall be deemed to have been transferred in favour of the person to whom the motor vehicle is transferred with effect from the date of its transfer5explanation—for the removal of doubts, it is hereby clarified that such deemed transfer shall include transfer of rights and liabilities of the said certificate of insurance and policy of insurance10(2) the transferee shall apply within fourteen days from the date of transfer in the prescribed form to the insurer for making necessary changes in regard to the fact of transfer in the certificate of insurance and the policy described in the certificate in his favour, and the insurer shall make the necessary changes in the certificate and the policy of insurance in regard to the transfer of insurance15158 (1) any person driving a motor vehicle in any public place shall, on being so required by a police officer in uniform authorised in this behalf by the state government, produce—(a) the certificate of insurance;production of certain certificates, licence and permit in certain cases(b) the certificate of registration; (c) the pollution under control certificate; (d) the driving licence;20(e) in the case of a transport vehicle, also the certificate of fitness referred to in section 56, and the permit; and(f) any certificate or authorisation of exemption that has been granted under this act, relating to the use of the vehicle25 30(2) where, owing to the presence of a motor vehicle in a public place, an accident occurs involving death or bodily injury to another person, if the driver of the vehicle does not at that time produce the required certificate, driving licence and permit referred to in sub-section (1) to a police officer, he or the owner shall produce the said certificates, licence and permit at the police station at which the driver makes the report required by section 13435(3) no person shall be liable to conviction for offences under sub-section (1) or sub-section (2) by reason of the failure to produce the required certificate if, within seven days from the date on which its production was required under sub-section (1), or as the case may be, from the date of occurrence of the accident, he produces the certificate at such police station as may have been specified by him to the police officer who required its production or, as the case may be, to the police officer at the site of the accident or to the officer-in-charge of the police station at which he reported the accident:40provided that except to such extent and with such modifications as may be prescribed, the provisions of this sub-section shall not apply to the driver of a transport vehicle45(4) the owner of a motor vehicle shall give such information as he may be required by or on behalf of a police officer empowered in this behalf by the state government for the purpose of determining whether the vehicle was or was not being driven in contravention of section 146 and on any occasion when the driver was required under this section to produce the certificate of insurance(5) in this section, the expression "produce the certificate of insurance" means production for examination the relevant certificate of insurance or such other evidence as may be prescribed to prove that the vehicle was not being driven in contravention of section 1465information to be given regarding accident159 the police officer shall, during the investigation, prepare an accident information report to facilitate the settlement of claim in such form and manner, within three months and containing such particulars and submit the same to the claims tribunal and such other agency as may be prescribed10duty to furnish particulars of vehicle involved in accident15160 a registering authority or the officer-in-charge of a police station shall, if so required by a person who alleges that he is entitled to claim compensation in respect of an accident arising out of the use of a motor vehicle, or if so required by an insurer against whom a claim has been made in respect of any motor vehicle, furnish to that person or to that insurer, as the case may be, on payment of the prescribed fee, any information at the disposal of the said authority or the said police officer relating to the identification marks and other particulars of the vehicle and the name and address of the person who was using the vehicle at the time of the accident or was injured by it and the property, if any, damaged in such form and within such time as the central government may prescribe20161 (1) notwithstanding anything contained in any other law for the time being in force or any instrument having the force of law, the central government shall provide for paying in accordance with the provisions of this act and the scheme made under sub-section (3), compensation in respect of the death of, or grievous hurt to, persons resulting from hit and run motor accidentsspecial provisions as t o compensation in case of hit and run motor accident(2) subject to the provisions of this act and the scheme made under sub-section (3), there shall be paid as compensation,—25(a) in respect of the death of any person resulting from a hit and run motoraccident, a fixed sum of two lakh rupees or such higher amount as may be prescribed by the central government;(b) in respect of grievous hurt to any person resulting from a hit and runmotor accident, a fixed sum of fifty thousand rupees or such higher amount as may be prescribed by the central government30 35(3) the central government may, by notification in the official gazette, make a scheme specifying the manner in which the scheme shall be administered by the central government or general insurance council, the form, manner and the time within which applications for compensation may be made, the officers or authorities to whom such applications may be made, the procedure to be followed by such officers or authorities for considering and passing orders on such applications, and all other matters connected with, or incidental to, the administration of the scheme and the payment of compensation under this section(4) a scheme made under sub-section (3) may provide that,—40(a) a payment of such sum as may be prescribed by the central governmentas interim relief to any claimant under such scheme;(b) a contravention of any provision thereof shall be punishable with imprisonment which may extend to two years, or with fine which shall not be less than twenty-five thousand rupees but may extend to five lakh rupees or with both;45(c) the powers, functions or duties conferred or imposed on any officer orauthority by such scheme may be delegated with the prior approval in writing of central government, by such officer or authority to any other officer or authorityscheme for golden hour57 of 197250162 (1) notwithstanding anything contained in the general insurance companies(nationalisation) act, 1972 or any other law for the time being in force or any instrument having the force of law, the insurance companies for the time being carrying on general insurance business in india shall provide in accordance with the provisions of this act and the schemes made under this act for treatment of road accident victims, including during the golden hour5(2) the central government shall make a scheme for the cashless treatment of victims of the accident during the golden hour and such scheme may contain provisions for creation of a fund for such treatment10refund in certain cases of compensation paid under section 161163 (1) the payment of compensation in respect of the death of, or grievous hurt to, any person under section 161 shall be subject to the condition that if any compensation (hereafter in this sub-section referred to as the other compensation) or other amount in lieu of or by way of satisfaction of a claim for compensation is awarded or paid in respect of such death or grievous hurt under any other provision of this act or any other law for the time being in force or otherwise, so much of the other compensation or other amount aforesaid as is equal to the compensation paid under section 161, shall be refunded to the insurer15 20(2) before awarding compensation in respect of an accident involving the death of, or bodily injury to, any person arising out of the use of a motor vehicle under any provision of this act other than section 161 or any other law for the time being in force, the claims tribunal, court or other authority awarding such compensation shall verify as to whether in respect of such death or bodily injury compensation has already been paid under section 161 or an application for payment of compensation is pending under that section, and such tribunal, court or other authority shall—25(a) if compensation has already been paid under section 161, direct the person liable to pay the compensation awarded by it to refund to the insurer, so much thereof as is required to be refunded in accordance with the provisions of sub-section (1);(b) if an application for payment of compensation is pending under section161 forward the particulars as to the compensation awarded by it to the insurerexplanation— for the purpose of this sub-section, an application for compensation under section 161 shall be deemed to be pending—30(i) if such application has been rejected, till the date of the rejection of the application; and(ii) in any other case, till the date of payment of compensation in pursuance of the application35payment of compensation in case of death or grevious hurt etc164 (1) notwithstanding anything contained in this act or in any other law for the time being in force or instrument having the force of law, the owner of the motor vehicle or the authorised insurer shall be liable to pay in the case of death or grievous hurt due to any accident arising out of the use of motor vehicle, a compensation, of a sum of five lakh rupees in case of death or of two and a half lakh rupees in case of grievous hurt to the legal heirs or the victim, as the case may be40(2) in any claim for compensation under sub-section (1), the claimant shall not be required to plead or establish that the death or grievous hurt in respect of which the claim has been made was due to any wrongful act or neglect or default of the owner of the vehicle or of the vehicle concerned or of any other person45(3) where, in respect of death or grievous hurt due to an accident arising out of the use of motor vehicle, compensation has been paid under any other law for the time being in force, such amount of compensation shall be reduced from the amount of compensation payable under this section164a (1) the central government, may make schemes for the provision of interim relief to claimants praying for compensation under this chapterscheme for interim relief for claimants(2) a scheme made under sub-section (1) shall also provide for procedure to recover funds disbursed under such scheme from the owner of the motor vehicle, where the claim arises out of the use of such motor vehicle or other sources as may be prescribed by the central government5164b (1) the central government shall constitute a fund to be called the motor vehicle accident fund and thereto shall be credited—motor vehicle accident fund(a) payment of a nature notified and approved by the central government;(b) any grant or loan made to the fund by the central government;10(c) the balance of the fund created under scheme framed under section163, as it stood immediately before the commencement of the motor vehicles (amendment) act, 2019; and(d) any other source of income as may be prescribed by the centralgovernment15(2) the fund shall be constituted for the purpose of providing compulsory insurance cover to all road users in the territory of india(3) the fund shall be utilised for the following, namely:—(a) treatment of the persons injured in road accidents in accordance with the scheme framed by the central government under section 162;20(b) compensation to representatives of a person who died in hit and runmotor accident in accordance with schemes framed under section 161;(c) compensation to a person grievously hurt in a hit and run motor accidentin accordance with schemes framed under section 161; and(d) compensation to such persons as may be prescribed by the centralgovernment25(4) the maximum liability amount that shall be paid in each case shall be such as may be prescribed by the central government30(5) in all cases specified in clause (a) of sub-section (3), when the claim of such person becomes payable, where amount has been paid out of this fund to any person, the same amount shall be deductible from the claim received by such person from the insurance company(6) the fund shall be managed by such authority or agency as the central government may specify having regard to the following:—(a) knowledge of insurance business of the agency; (b) capability of the agency to manage funds; and35(c) any other criteria as may be prescribed by the central government(7) the central government shall maintain proper accounts and other relevant records and prepare an annual statement of accounts of the fund in such form as may be prescribed by the central government in consultation with the comptroller and auditor-general of india40(8) the accounts of the fund shall be audited by the comptroller and auditor-general of india at such intervals as may be specified by him45(9) the comptroller and auditor-general of india or any person appointed by him in connection with the audit of the accounts of the fund under this act shall have the same rights, privileges and authority in connection with such audit of the government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the authority5(10) the accounts of the fund, 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 the central government shall cause the same to be laid before each house of the parliament10(11) any scheme framed under sub-section (3) of section 161, as it stood immediately before the commencement of the motor vehicles (amendment) act, 2019, shall be discontinued and all rights and liabilities accruing thereunder shall be met out of the fund with effect from the date of commencement of this act164c (1) the central government may make rules for the purposes of carrying into effect, the provisions of this chapterto make rules(2) without prejudice to the generality of the foregoing power, such rules may provide for—15(a) the forms to be used for the purposes of this chapter including,—(i) the form of the insurance policy and the particulars it shall containas referred to in sub-section (3) of section 147;(ii) the form for making changes in regard to the fact of transfer inthe certificate of insurance under sub-section (2) of section 157;20(iii) the form in which the accident information report may beprepared, the particulars it shall contain, the manner and the time for submitting the report to the claims tribunal and the other agency under section 159;(iv) the form for furnishing information under section 160; and25(v) the form of the annual statement of accounts for the motorvehicle accident fund under sub-section (7) of section 164b;(b) the making of applications for and the issue of certificates of insurance; (c) the issue of duplicates to replace certificates of insurance lost, destroyedor multilated;30(d) the custody, production, cancellation and surrender of certificates ofinsurance;(e) the records to be maintained by insurers of policies of insurance issued under this chapter;35(f) the identification by certificates or otherwise of persons or vehicles exempted from the provisions of this chapter;(g) the furnishing of information respecting policies of insurance by insurers;40(h) adopting the provisions of this chapter to vehicles brought into india by persons making only a temporary stay therein or to vehicles registered in a reciprocating country and operating on any route or within any area in india by applying those provisions with prescribed modifications;(i) the requirements which a certificate of insurance is required to comply with as referred to in clause (b) of section 145;45(j) administration of the fund established under sub-section (3) of section146;(k) the minimum premium and the maximum liability of an insurer undersub-section (2) of section 147;(l) the conditions subject to which an insurance policy shall be issued andother matters related thereto as referred to in sub-section (3) of section 147;5(m) the details of settlement, the time limit for such settlement and theprocedure thereof under sub-section (2) of section 149;(n) the extent of exemptions and the modifications under the proviso tosub-section (3) of section 158;(o) the other evidence under sub-section (5) of section 158;10(p) such other agency to which the accident information report as referredto in section 159 may be submitted;(q) the time limit and fee for furnishing information under section 160; (r) the higher amount of compensation in respect of death under clause (a)of sub-section (2) of section 161;15(s) a sum to be paid as interim relief as referred to in clause (a) ofsub-section (4) of section 161;(t) the procedure for payment of compensation under sub-section (1) ofsection 164;20(u) such other sources from which funds may be recovered for the schemeas referred to in sub-section (2) of section 164a;(v) any other source of income that may be credited into the motor vehicleaccident fund under sub-section (1) of section 164b;(w) the persons to whom compensation may be paid under clause (d) ofsub-section (3) of section 164b;25(x) the maximum liability amount under sub-section (4) of section 164b; (y) the other criteria under clause (c) of sub-section (6) of section 164b; (z) any other matter which is to be or may be prescribed or in respect ofwhich provision is to be made by rules30power of state government to make rules164d (1) the state government may make rules for the purposes of carrying into effect, the provisions of this chapter other than the matters specified in section 164c(2) without prejudice to the generality of the foregoing power, such rules may provide for—(a) the other authority under sub-section (5) of section 147; and35(b) any other matter which is to be, or may be, prescribed, or in respect ofwhich provision is to be made by rules"52 in section 165 of the principal act, in the explanation, for the words, figures and letter "section 140 and section 163a", the word and figures "section 164" shall be substitutedamendment of section 16553 in section 166 of the principal act,—40amendment of section 166(i) in sub-section (1), after the proviso, the following proviso shall be inserted, namely:—"provided further that where a person accepts compensation under section164 in accordance with the procedure provided under section 149, his claims petition before the claims tribunal shall lapse"(ii) in sub-section (2), the proviso shall be omitted; (iii) after sub-section (2), the following sub-section shall be inserted, namely:—"(3) no application for compensation shall be entertained unless it is made within six months of the occurrence of the accident"5(iv) in sub-section (4), for the words, brackets and figures "sub-section (6) of section 158", the word and figures "section 159" shall be substituted;(v) after sub-section (4), the following sub-section shall be inserted, namely:—10"(5) notwithstanding anything in this act or any other law for the time being in force, the right of a person to claim compensation for injury in an accident shall, upon the death of the person injured, survive to his legal representatives, irrespective of whether the cause of death is relatable to or had any nexus with the injury or not"54 in section 168 of the principal act, in sub-section (1),—amendment of section 16815(i) for the words and figures "section 162", the word and figure "section 163"shall be substituted;(ii) the proviso shall be omitted55 in section 169 of the principal act, after sub-section (3), the following sub-section shall be inserted, namely:—amendment of section 169205 of 1908"(4) for the purpose of enforcement of its award, the claims tribunal shall also have all the powers of a civil court in the execution of a decree under the code of civil procedure, 1908, as if the award were a decree for the payment of money passed by such court in a civil suit" 56 in section 170 of the principal act, for the words and figures "section 149" the words and figures "section 150" shall be substitutedamendment of section 1702557 in section 173 of the principal act, in sub-section (2), for the words "ten thousand", the words "one lakh" shall be substitutedamendment of section 173 amendment of section 17758 in section 177 of the principal act, for the words "one hundred rupees" and "three hundred rupees", the words "five hundred rupees" and "one thousand and five hundred rupees" shall respectively be substituted30insertion of section 177a59 after section 177 of the principal act, the following section shall be inserted, namely:—"177a whoever contravenes the regulations made under section 118, shall be punishable with fine which shall not be less than five hundred rupees, but may extend to one thousand rupees"penalty for contravention of regulations under section 1183560 in section 178 of the principal act, in sub-section (3), in clause (b), for the words"two hundred rupees", the words "five hundred rupees" shall be substitutedamendment of section 17861 in section 179 of the principal act,—amendment of section 179(i) in sub-section (1), for the words " five hundred rupees", the words "two thousand rupees" shall be substituted;40(ii) in sub-section (2), for the words " five hundred rupees", the words "two thousand rupees" shall be substituted62 in section 180 of the principal act, for the words "which may extend to one thousand rupees", the words "of five thousand rupees" shall be substituted63 in section 181 of the principal act, for the words "which may extend to five hundred rupees", the words "of five thousand rupees" shall be substitutedamendment of section 180 amendment of section 181564 in section 182 of the principal act,—amendment of section 182(i) in sub-section (1), for the words "which may extend to five hundred rupees", the words " of ten thousand rupees" shall be substituted;(ii) in sub-section (2), for the words " one hundred rupees", the words "ten thousand rupees" shall be substituted1065 for section 182a of the principal act, the following sections shall be substituted, namely:–15"182a (1) whoever, being a manufacturer, importer or dealer of motor vehicles, sells or delivers or alters or offers to sell or deliver or alter, a motor vehicle that is in contravention of the provisions of chapter vii or the rules and regulations made thereunder, shall be punishable with imprisonment for a term which may extend to one year, or with fine of one lakh rupees per such motor vehicle or with both:substitution of new section for section 182apunishment for offences relating to construction, maintenance, sale and alteration of motor vehicles and components20provided that no person shall be convicted under this section if he proves that, at the time of sale or delivery or alteration or offer of sale or delivery or alteration of such motor vehicle, he had disclosed to the other party the manner in which such motor vehicle was in contravention of the provisions of chapter vii or the rules and regulations made thereunder25(2) whoever, being a manufacturer of motor vehicles, fails to comply with the provisions of chapter vii or the rules and regulations made thereunder, shall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to one hundred crore rupees or with both30(3) whoever, sells or offers to sell, or permits the sale of any component of a motor vehicle which has been notified as a critical safety component by the central government and which does not comply with chapter vii or the rules and regulations made thereunder shall be punishable with imprisonment for a term which may extend to one year or with fine of one lakh rupees per such component or with both35(4) whoever, being the owner of a motor vehicle, alters a motor vehicle, including by way of retrofitting of motor vehicle parts, in a manner not permitted under the act or the rules and regulations made thereunder shall be punishable with imprisonment for a term which may extend to six months, or with fine of five thousand rupees per such alteration or with both182bwhoever contravenes the provisions of the section 62a, shall be punishable with fine which shall not be less than five thousand rupees, but may extend to ten thousand rupees"punishment for contravention of section 62a66 in section 183 of the principal act,—40(i) in sub-section (1),—amendment of section 183(a) after the words "whoever drives", the words "or causes any person who is employed by him or subjects someone under his control to drive" shall be inserted;45(b) for the words "with fine which extend to four hundred rupees, or, if having been previously convicted of an offence under this sub-section is again convicted of an offence under this sub-section, with fine which may extend to one thousand rupees", the following shall be substituted, namely:—"in the following manner, namely:–5(i) where such motor vehicle is a light motor vehicle with fine which shall not be less than one thousand rupees but may extend to two thousand rupees;10(ii) where such motor vehicle is a medium goods vehicle or a medium passenger vehicle or a heavy goods vehicle or a heavy passenger vehicle with fine which shall not be less than two thousand rupees, but may extend to four thousand rupees; and(iii) for the second or any subsequent offence under this sub-section the driving licence of such driver shall be impounded as per the provisions of the sub-section (4) of section 206"(ii) sub-section (2) shall be omitted15(iii) in sub-section (3), after the word "mechanical", the words "or electronic"shall be inserted(iv) in sub-section (4), for the words, brackets and figure "sub-section (2)", the words, brackets and figure "sub-section (1)" shall be substituted67 in section 184 of the principal act,—20amendment of section 184(i) after the words "dangerous to the public", the words "or which causes a sense of alarm or distress to the occupants of the vehicle, other road users, and persons near roads," shall be inserted;25(ii) for the words "which may extend to six months or with fine which may extend to one thousand rupees", the words "which may extend to one year but shall not be less than six months or with fine which shall not be less than one thousand rupees but may extend to five thousand rupees, or with both" shall be substituted;(iii) for the words "which may extend to two thousand rupees", the words "of ten thousand rupees" shall be substituted;(iv) the following explanation shall be inserted, namely:—30"explanation—for the purpose of this section,—(a) jumping a red light; (b) violating a stop sign; (c) use of handheld communications devices while driving;(d) passing or overtaking other vehicles in a manner contrary to law;35(e) driving against the authorised flow of traffic; or (f) driving in any manner that falls far below what would be expected of a competent and careful driver and where it would be obvious to a competent and careful driver that driving in that manner would be dangerous"40shall amount to driving in such manner which is dangerous to the public 68 in section 185 of the principal act,—amendment of section 185(i) in clause (a), after the words "breath analyser,", the words "or in any other test including a laboratory test," shall be inserted;(ii) for the words "which may extend to two thousand rupees", the words " of ten thousand rupees" shall be substituted;(iii) the words " if committed within three years of the commission of the previous similar offence," shall be omitted;5(iv) for the words "which may extend to three thousand rupees", the words "of fifteen thousand rupees" shall be substituted;(v) for the explanation, the following explanation shall be substituted, namely:–1061 of 1985"explanation—for the purposes of this section, the expression "drug"means any intoxicant other than alcohol, natural or synthetic, or any natural material or any salt, or preparation of such substance or material as may be notified by the central government under this act and includes a narcotic drug and psychotropic substance as defined in clause (xiv) and clause (xxiii) of section 2 of the narcotic drugs and psychotropic substances act, 1985"15amendment of section 18669 in section 186 in the principal act, for the words "two hundred rupees" and "five hundred rupees", the words "one thousand rupees" and "two thousand rupees" shall respectively be substituted70 in section 187 of the principal act,—amendment of section 187(i) for the brackets and letter "(c)" the brackets and letter "(a)" shall be substituted;(ii) for the words "three months", the words "six months" shall be substituted;20(iii) for the words "which may extend to five hundred rupees", the words " of five thousand rupees" shall be substituted;(iv) for the words "six months", the words "one year" shall be substituted; and25(v) for the words "which may extend to one thousand rupees", the words "of ten thousand rupees" shall be substituted 71 in section 189 of the principal act,—(i) for the words "one month", the words "three months" shall be substituted;amendment of section 189(ii) for the words "which may extend to five hundred rupees", the words "of five thousand rupees" shall be substituted;30(iii) after the words "with both", the words, "and for a subsequent offence shall be punishable with imprisonment for a term which may extend to one year, or with fine of ten thousand rupees; or with both" shall be inserted 72 in section 190 of the principal act,—(i) in sub-section (1), amendment of section 19035(a) for the words "which may extend to two hundred and fifty rupees" the words " of one thousand five hundred rupees" shall be substituted;(b) for the words "which may extend to one thousand rupees" the words"of five thousand rupees" shall be substituted; and40(c) after the words "with both", the words, "and for a subsequent offence shall be punishable with imprisonment for a term which may extend to six months, or with a fine of ten thousand rupees for bodily injury or damage to property" shall be inserted (ii) in sub-section (2)—45(a) for the words "a fine of one thousand rupees", the words "imprisonment for a term which may extend to three months, or with fine which may extend to ten thousand rupees or with both and he shall be disqualified for holding licence for a period of three months" shall be substituted; and5(b) for the words "a fine of two thousand rupees" the words "imprisonment for a term which may extend to six months, or with fine which may extend to ten thousand rupees or with both" shall be substituted; and (iii) in sub-section (3),—(a) for the words "which may extend to three thousand rupees", the words"with a fine of ten thousand rupees and he shall be disqualified for holding licence for a period of three months" shall be substituted; and10(b) for the words "which may extend to five thousand rupees", the words"of twenty thousand rupees" shall be substituted;73 section 191of the principal act shall be omittedomission of section 19174 in section 192 of the principal act, the following explanation shall be inserted, namely:amendment of section 19215"explanation— use of a motor vehicle in contravention of the provisions of section 56 shall be deemed to be a contravention of the provisions of section 39 and shall be punishable in the same manner as provided in sub-section (1)"75 in section 192a of the principal act, in sub-section (1),—amendment of section 192a20(i) after the words "for the first offence with", the words "imprisonment for a term which may extend to six months and" shall be inserted;(ii) for the words "which may extend to five thousand rupees but shall not be less than two thousand rupees", the words "of ten thousand rupees" shall be substituted;(iii) for the words "three months", the words "six months" shall be substituted;25(iv) for the words "which may extend to ten thousand rupees but shall not be less than five thousand rupees", the words "of ten thousand rupees" shall be substituted 76 after section 192a in the principal act, the following section shall be inserted, namely:—insertion of new section 192b30offences relating to registration"192b (1) whoever, being the owner of a motor vehicle, fails to make an application for registration of such motor vehicle under sub-section (1) of section 41shall be punishable with fine of five times the annual road tax or one-third of the lifetime tax of the motor vehicle whichever is higher35(2) whoever, being a dealer, fails to make an application for the registration of a new motor vehicle under the second proviso to sub-section (1) of section 41 shall be punishable with fine of fifteen times the annual road tax or the lifetime tax of the motor vehicle whichever is higher40 45(3) whoever, being the owner of a motor vehicle, obtains a certificate of registration for such vehicle on the basis of documents which were, or by representation of facts which was, false in any material particular, or the engine number or the chassis number embossed thereon are different from such number entered in the certificate of registration shall be punishable with imprisonment for a term which shall not be less than six months but may extend to one year and with fine equal to ten times the amount of the annual road tax or two-third the lifetime tax of the motor vehicle, whichever is higher5(4) whoever, being a dealer, obtains a certificate of registration for such vehicle on the basis of documents which were, or by representation of facts which was, false in any material particular, or the engine number or the chassis number embossed thereon are different from such number entered in the certificate of registration shall be punishable with imprisonment for a term which shall not be less than six months but may extend to one year and with fine equal to ten times the amount of annual road tax or two-third the lifetime tax of the motor vehicle, whichever is higher" 77 in the principal act,—amendment of section 19310(a) in section 193, in the marginal heading, for the words "agents and canvassers", the words "agents, canvassers and aggregators" shall be substituted;(b) section 193 shall be numbered as sub-section (1) thereof, and—(i) in sub-section (1) as so numbered,-—(a) for the words "which may extend to one thousand rupees", the words "of one thousand rupees" shall be substituted;15(b) for the words "which may extend to two thousand rupees", the words "of two thousand rupees" shall be substituted; (ii) after sub-section (1) as so numbered, the following sub-sections shall be inserted, namely:—20"(2) whoever engages himself as an aggregator in contravention of the provisions of section 93 or of any rules made thereunder shall be punishable with fine upto one lakh rupees but shall not be less than twenty-five thousand rupees25(3) whoever, while operating as an aggregator contravenes a condition of the licence granted under sub-section (4) of section 93, not designated by the state government as a material condition, shall be punishable with fine of five thousand rupees"78 in section 194 of the principal act,—(i) in sub-section (1), amendment of section 194(a) the word "minimum" shall be omitted;30(b) for the words "of two thousand rupees and an additional amount of one thousand rupees per tonne of excess load", the words "of twenty thousand rupees and an additional amount of two thousand rupees per tonne of excess load" shall be substituted;(c) the following proviso shall be inserted, namely:—35"provided that such motor vehicle shall not be allowed to move before such excess load is removed or is caused or allowed to be removed by the person in control of such motor vehicle"(ii) after sub-section (1), the following sub-section shall be inserted, namely:—40"(1a) whoever drives a motor vehicle or causes or allows a motor vehicle to be driven when such motor vehicle is loaded in such a manner that the load or any part thereof or anything extends laterally beyond the side of the body or to the front or to the rear or in height beyond the permissible limit shall be punishable with a fine of twenty thousand rupees, together with the liability to pay charges for off-loading of such load:45provided that such motor vehicle shall not be allowed to move before such load is arranged in a manner such that there is no extension of the load laterally beyond the side of the body or to the front or to the rear or in height beyond the permissible limit:5provided further that nothing in this sub-section shall apply when such motor vehicle has been given an exemption by the competent authority authorized in this behalf, by the state government or the central government, allowing the carriage of a particular load; (iii) in sub-section (2), for the words, "which may extend to three thousand rupees" the words "of forty thousand rupees" shall be substituted"1079 after section 194 in the principal act, the following sections shall be inserted, namely:—insertion of new sections 194a, 194b, 194c, 194d, 194e and 194f carriage of excess passengers"194a whoever drives a transport vehicle or causes or allows a transport vehicle to be driven while carrying more passengers than is authorized in the registration certificate of such transport vehicle or the permit conditions applicable to such transport vehicle shall be punishable with a fine of two hundred rupees per excess passenger:15provided that such transport vehicle shall not be allowed to move before the excess passengers are off-loaded and an alternative transport is arranged for such passengers20194b (1) whoever drives a motor vehicle without wearing a safety belt or carries passengers not wearing seat belts shall be punishable with a fine of one thousand rupees:use of safety belts and the seating of childrenprovided that the state government, may by notification in the official gazette, exclude the application of this sub-section to transport vehicles to carry standing passengers or other specified classes of transport vehicles25(2) whoever drives a motor vehicle or causes or allows a motor vehicle to be driven with a child who, not having attained the age of fourteen years, is not secured by a safety belt or a child restraint system shall be punishable with a fine of one thousand rupees30194c whoever drives a motor cycle or causes or allows a motor cycle to be driven in contravention of the provisions of section 128 or the rules or regulations made thereunder shall be punishable with a fine of one thousand rupees and he shall be disqualified for holding licence for a period of three monthspenalty for violation of safety measures for motor cycle drivers and pillion riders penalty for not wearing protective headgear35194d whoever drives a motor cycle or causes or allows a motor cycle to be driven in contravention of the provisions of section 129 or the rules or regulations made thereunder shall be punishable with a fine of one thousand rupees and he shall be disqualified for holding licence for a period of three monthsfailure of allow free passage to emergency vehicles40194ewhoever while driving a motor vehicle fails to draw to the side of the road, on the approach of a fire service vehicle or of an ambulance or other emergency vehicle as may be specified by the state government, shall be punishable with imprisonment for a term which may extend to six months, or with a fine of ten thousand rupees or with both194f whoever—use of horns and silence zones(a) while driving a motor vehicle—(i) sounds the horn needlessly or continuously or more than necessary to ensure safety, or(ii) sounds the horn in an area with a traffic sign prohibiting the use of a horn, or (b) drives a motor vehicle which makes use of a cut-out by which exhaust gases are released other than through the silencer,5shall be punishable with a fine of one thousand rupees and for a second or subsequent offence with a fine of two thousand rupees" 80 section 195 of the principal act shall be omittedomission of sction 19581 in section 196 of the principal act,—amendment of section 19610(i) after the word "shall be punishable", the words "for the first offence" shall be inserted;(ii) for the words "which may extend to one thousand rupees", the words "of two thousand rupees," shall be substituted; and15(iii) after the words "with both", the words ", and for a subsequent offence shall be punishable with imprisonment for a term which may extend to three months, or with fine of four thousand rupees, or with both" shall be inserted 82 in section 197 of the principal act,—amendment of section 197(i) in sub-section (1), for the words "which may extend to five hundred rupees", the words "of five thousand rupees" shall be substituted;20(ii) in sub-section (2), for the words "which may extend to five hundred rupees"the words "of five thousand rupees" shall be substituted 83 in section 198 of the principal act, for the words "with fine which may extend to one hundred rupees", the words "with fine of one thousand rupees" shall be substitutedamendment of section 19884 after section 198 of the principal act, the following section shall be inserted, namely:—failure to comply with standards for road design, construction and maintenance25'198a (1) any designated authority, contractor, consultant or concessionaire responsible for the design or construction or maintenance of the safety standards of the road shall follow such design, construction and maintenance standards, as may be prescribed by the central government from time to time30(2) where failure on the part of the designated authority, contractor, consultant or concessionaire responsible under sub-section (1) to comply with standards for road design, construction and maintenance, results in death or disability, such authority or contractor or concessionaire shall be punishable with a fine which may extend to one lakh rupees and the same shall be paid to the fund constituted under section 164b35(3) for the purposes of sub-section (2), the court shall in particular have regard to the following matters namely:—(a) the characteristics of the road, and the nature and type of traffic whichwas reasonably expected to use it as per the design of road;40(b) the standard of maintenance norms applicable for a road of that characterand use by such traffic;(c) the state of repair in which road users would have expected to find the road;5(d) whether the designated authority responsible for the maintenance of the road knew, or could reasonably have been expected to know, that the condition of the part of the road to which the action relates was likely to cause danger to the road users;(e) whether the designated authority responsible for the maintenance of the road could not reasonably have been expected to repair that part of the road before the cause of action arose;10(f) whether adequate warning notices through road signs, of its condition had been displayed; and(g) such other matters as may be prescribed by the central government15explanation—for the purposes of this section, the term "contractor" shall include sub-contractors and all such persons who are responsible for any stage in the design, construction and maintenance of a stretch of road' 85 after section 199 of the principal act, the following sections shall be inserted, namely:–insertion of new sections 199a and 199b offences by juveniles20"199a (1) where an offence under this act has been committed by a juvenile, the guardian of such juvenile or the owner of the motor vehicle shall be deemed to be guilty of the contravention and shall be liable to be proceeded against and punished accordingly:25provided that nothing in this sub-section shall render such guardian or owner liable to any punishment provided in this act, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offenceexplanation—for the purposes of this section, the court shall presume that the use of the motor vehicle by the juvenile was with the consent of the guardian of such juvenile or the owner of the motor vehicle, as the case may be30(2) in addition to the penalty under sub-section (1), such guardian or owner shall be punishable with imprisonment for a term which may extend to three years and with a fine of twenty-five thousand rupees35(3) the provisions of sub-section (1) and sub-section (2) shall not apply to such guardian or owner if the juvenile committing the offence had been granted a learner's licence under section 8 or a driving licence and was operating a motor vehicle which such juvenile was licensed to operate(4) where an offence under this act has been committed by a juvenile, the registration of the motor vehicle used in the commission of the offence shall be cancelled for a period of twelve months40(5) where an offence under this act has been committed by a juvenile, then notwithstanding section 4 or section 7, such juvenile shall not be eligible to be granted a driving licence under section 9 or a learner's licence under section 8 until such juvenile has attained the age of twenty-five years(6) where an offence under this act has been committed by a juvenile, then such juvenile shall be punishable with such fines as provided in the act while any custodial sentence may be modified as per the provisions of the juvenile justice act, 2000"revision of times199b the fines as provided in this act shall be increased by such amount not exceeding ten per cent in value of the existing fines, on an annual basis on 1st day of april of each year from the date of commencement of the motor vehicles (amendment) act, 2019, as may be notified by the central government"586 in section 200 of the principal act,—| ( ||------------|| amendment || of section || 200 |10 15(a) for the words, figures and brackets "punishable under section 177, section 178, section 179, section 180, section 181, section 182, sub-section (1) or sub-section (2) of section 183, section 184, section 186, section 189, sub-section (2) of section 190, section 191, section 192, section 194, section 196, or section 198,", the words, brackets, figures and letters "punishable under section 177, section 178, section 179, section 180, section 181, section 182, sub-section (1) or sub-section (3) or sub-section (4) of section 182a, section 182b, sub-section (1)or sub-section (2) of section 183, section 184 only to the extent of use of handheld communication devices, section 186, section 189, sub-section (2) of section 190, section 192, section 192a, section 194, section 194a, section 194b, section 194c, section 194d, section 194e, section 194f, section 196, section 198, shall be substituted;(b) the following proviso shall be inserted, namely:—20provided that the state government may, in addition to such amount, require the offender to undertake a period of community service(ii) after sub-section (2) the following provisos shall be inserted, namely:—25"provided that notwithstanding compounding under this section, such offence shall be deemed to be a previous commission of the same offence for the purpose of determining whether a subsequent offence has been committed:provided further that compounding of an offence will not discharge the offender from proceedings under sub-section (4) of section 206 or the obligation to complete a driver refresher training course, or the obligation to complete community service, if applicable"3087 in section 201 of the principal act,—(i) in sub-section (1),—amendment of section 201(a) the word "disabled" shall be omitted; (b) for the words "fifty rupees per hour", the words "five hundred rupees", shall be substituted;35(c) in the second proviso, for the words "a government agency, towing charges", the words "an agency authorised by the central government or state government, removal charges " shall be substituted (ii) in sub-section (2), for the words "towing charges", the words "removal charges" shall be substituted;40(iii) after sub-section (2) the following sub-section shall be inserted, namely:–"(3) sub-section (1) shall not apply where the motor vehicle has suffered an unforeseen breakdown and is in the process of being removed (iv) after sub-section (3) the following explanation shall be inserted, namely:–45"explanation—for the purposes of this section, "removal charges"includes any costs involved in the removal of the motor vehicle from one location to another and also includes any costs related to storage of such motor vehicle"88 in section 206 of the principal act, after sub-section (3) the following sub-section shall be inserted, namely:—amendment of section 2065"(4) a police officer or other person authorized in this behalf by the state government shall, if he has reason to believe that the driver of a motor vehicle has committed an offence under any of sections 183, 184, 185, 189, 190, 194c, 194d, or 194e, seize the driving licence held by such driver and forward it to the licensing authority for disqualification or revocation proceedings under section 19:10provided that the person seizing the licence shall give to the person surrendering the licence a temporary acknowledgement therefor, but such acknowledgement shall not authorise the holder to drive until the licence has been returned to him" 89 after section 210 of the principal act, the following sections shall be inserted, namely:—insertion of new section 210a, 210b, 210c and 210d15power of the state government to increase penalties"210a subject to conditions made by the central government, a state government, shall, by notification in the official gazette, specify a multiplier, not less than one and not greater than ten, to be applied to each fine under this act and such modified fine, shall be in force in such state and different multipliers may be applied to different classes of motor vehicles as may be classified by the state government for the purpose of this section20210b any authority that is empowered to enforce the provisions of this act shall, if such authority commits an offence under this act, shall be liable for twice the penalty corresponding to that offence under this actpenalty for offence committed by an enforcing authority210c the central government may make rules for—(a) design, construction and maintenance standards for national highways;power of central government to make rules25(b) such other factors as may be taken into account by the court under sub-section (3) of section 198a;(c) any other matter which is, or has to be, prescribed by the central governmentpower of state government to make rules30210d the state government may make rules for design, construction and maintenance standards for roads other than national highways, and for any other matter which is, or may be, prescribed by the state government" 90 after section 211 of the principal act, the following section shall be inserted, namely:—insertion of new section 211a"211a (1) where any provision of this act or the rules and regulations made thereunder provide for—use of electronic forms and documents35(a) the filing of any form, application or any other document with any office, authority, body or agency owned or controlled by the central government or the state government in a particular manner;(b) the issue or grant of any licence, permit, sanction, approval or endorsement, by whatever name called in a particular manner; or40(c) the receipt or payment of money in a particular manner, then notwithstanding anything contained in such provision, such requirement shall be deemed to have been satisfied if such filing, issue, grant, receipt or payment, as the case may be, is effected by means of such electronic form as may be prescribed by the central government or the state government, as the case may be(2) the central government or the state government shall, for the purpose of sub-section (1), prescribe—(a) the manner and format in which such electronic forms and documents shall be filed, created or issued; and5(b) the manner or method of payment of any fee or charges for filing, creation or issue of any electronic document under clause (a)"91 in section 212 of the principal act,—(i) in sub-section (4),—amendment of section 21210(a) after the words brackets and figures "the proviso to sub-section (1) of section 112", the words and figures "section 118" shall be inserted;(b) after the words, brackets, figures and letter "sub-section (4) of section 163a", the words, figures and letter "section 164, section 177a" shall be inserted; (ii) after sub-section (4), the following sub-section shall be inserted, namely:—15 20 25"(5) every notification issued by the state government under section 210a shall be laid, as soon as may be after it is made, before each house of the state legislature where it consists of two houses, or where such legislature consists of one house, before that house, 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, the house agrees or both houses agree, as the case may be, in making any modification in the notification or the house agrees or both houses agree, as the case may be, that the notification should not be issued, the notification 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"92 after section 215 of the principal act, the following sections shall be inserted, namely:—insertion of new sections 215a, 215b, 215c and 215d30"215a notwithstanding anything contained in this act,—power of central government and state government to delegate(a) the central government shall have the power to delegate any power or functions that have been conferred upon it by the act to any public servant or public authority and authorise such public servant or public authority to discharge any of its powers, functions and duties under this act;35(b) the state government shall have the power to delegate any power or functions that have been conferred upon it by the act to any public servant or public authority and authorise such public servant or public authority to discharge any of its powers, functions and duties under this actnational road safety baord40215b (1) the central government shall, by notification in the official gazette, constitute a national road safety board consisting of a chairman, such number of representatives from the state governments, and such other members as it may consider necessary and on such terms and conditions as may be prescribed by the central government45(2) the national board shall render advice to the central government or state government, as the case may be, on all aspects pertaining to road safety and traffic management including, but not limited to,—(a) the standards of design, weight, construction, manufacturing process, operation and maintenance of motor vehicles and of safety equipment;(b) the registration and licensing of motor vehicles; (c) the formulation of standards for road safety, road infrastructure and control of traffic;5(d) the facilitation of safe and sustainable utilisation of road transport ecosystem;(e) the promotion of new vehicle technology; (f) the safety of vulnerable road users;10(g) programmes for educating and sensitizing drivers and other road users;and(h) such other functions as may be prescribed by the central government from time to time15215c (1) the central government may make rules for the purposes of carrying into effect the provisions of this chapterpower of central government to make rules(2) without prejudice to the generality of the foregoing power, such rules may provide for—20(a) the use of electronic forms and means for the filing of documents, issue or grant of licence, permit, sanction, approval or endorsements and the receipt or payment of money as referred to in section 211a;(b) the minimum qualifications which the motor vehicles department officers or any class thereof shall be required to possess for appointment as such, as referred to in sub-section (4) of section 213;25(c) the terms and conditions of appointment of chairman and members of the national road safety board under sub-section (1) of section 215b;(d) the other functions of the national road safety board under sub-section (2) of section 215b; and(e) any other matter which is to be, or may be, prescribed, or in respect of which provision is to be made by rules by the central government30215d (1) the state government may make rules for the purposes of carrying into effect, the provisions of this chapter, other than the matters specified in section 215cpower of state government to make rules(2) without prejudice to the generality of the foregoing power, such rules may provide for—35(a) the use of electronic forms and means for the filing of documents, issue or grant of licence, permit, sanction, approval or endorsements and the receipt or payment of money as referred to in section 211a;40(b) the duties and functions of the officers of the motor vehicle department, the powers to be exercised by such officers (including the powers exercisable by police officers under this act) and the conditions governing the exercise of such powers, the uniform to be worn by them, the authorities to which they shall be subordinate as referred to in sub-section (3) of section 213;(c) such other powers as may be exercised by officers of the motor vehicles department as referred to in clause (f) in sub-section (5) of section 213; and45(d) any other matter which is to be, or may be, prescribed, or in respect of which provision is to be made by rules by the state government"93 in the principal act, the second schedule shall be omittedomission of second schedule the second schedule (see section 163 a) schedule for compensation for third part fatal accident/injury cases claims1 fatal accidents:annual incomersrsrsrsrsrsrsrsrsrsrsrsrs3000420054006600780090001020011400 1200018000240003600040000age of victim multiplier rupees in thousandscompensation in case of deathrsrsrsrsrsrsrsrsrsrsrsrsrsup to 15 yrs156084108132156180204228240360480720800above 15 yrs but not exdg 20 yrs1657798102 1254 1482171 1938 2166228342456684760above 20 yrs but not exdg 25 yrs1754756972 1188 1404162 1836 2052216324432648720above 25 yrs but not exdg 30 yrs1851714918 1122 1326153 1734 1938204306408612680above 30 yrs but not exdg 35 yrs1750672864 1056 1248144 1632 1924192288384576640above 35 yrs but not exdg 40 yrs1650638199117135153171180270360540600above 40 yrs but not exdg 45 yrs1550588756924 1092126 1428 1596168252336504560above 45 yrs but not exdg 50 yrs1350504648792936108 1224 1368144216286432480above 50 yrs but not exdg 55 yrs11505054667890102114120180240360400above 55 yrs but not exdg 60 yrs85050505286247281691296114192286320above 60 yrs but not exdg 65 yrs550505050505461268472108144216240above 65 yrs550505050505051576090120180200note: the amount of compensation so arrived at in the case of fatal accident claims shall be reduced by 1/3rd in consideration of the expenses which the victim would have incurred towards maintaining himself had he been alive 2 amount of compensation shall not be less than rs 50,000 3 general damages (in case of death):the following general damages shall be payable in addition to compensations outlined above:| ( | i | ) funeral expenses | - | rs 2,000/- ||------|--------------------------------------------------|----------------------------------------------------|-----|---------------|| ( | ii | ) loss of consortium, if beneficiary is the spouse | - | rs 5,000/- || ( | iii | ) loss of estate | - | rs 2,500/- || ( | iv | ) medical expenses—actual expenses incurred | - | rs 15,000/- || (iv) | before death supported by bills/vouchers but not | | | || (iv) | exceeding | | | |4 general damages in case of injuries and disabilities:(i) pain and sufferings(a) grievous injuries—rs 5,000/-(b) non-grievous injuries—rs 1,000/-(ii) medical expenses—actual expenses incurred (ii) supported by bills/vouchers but not exceeding—rs 15,000/-(ii) as one time payment5 disability in non-fatal accidents: the following compensation shall be payable in case of disability to the victim arising out of non-fatal accidents;loss of income, if any, for actual period of disablement not exceeding fifty-two weeks plus either of the following:— (a) in case of permanent total disablement the amount payable shall be arrived at by multiplying the annual loss of income by the multiplier applicable to the age on the date of determining the compensation, or(b) in case of permanent partial disablement such percentage of compensation which would have been payable in the case of permanent total disablement as specified under item (a) aboveinjuries deemed to result in permanent total disablement/permanent partial disablement and percentage of loss of earning capacity shall be as per schedule i under workmen's compensation act, 19236 notional income for compensation to those who had no income prior to accident:— fatal and disability in non-fatal accidents:—(a) non-earning persons- rs 15,000 pa(b) spouse- rs 1/3rd of income of theearning/surviving spousein case of the other injuries only "general damage" as applicable statement of objects and reasonsthe motor vehicles act, 1988 (the act), was enacted with a view to consolidate and amend the laws relating to motor vehicles the act was enacted to give effect to the suggestions made by the supreme court in mk kunhimohammed vs p a ahmedkutty (1987) 4 scc 2842 the act was amended several times to adapt to the technological upgradation emerging in road transport, passenger and freight movement and in motor vehicle management with rapidly increasing motorisation, india is facing an increasing burden of road traffic injuries and fatalities the emotional and social trauma caused to the family which loses its bread winner, cannot be quantified india is signatory to the brasilia declaration and is committed to reduce the number of road accident fatality by fifty per cent by the year 2020 the road transport sector also plays a major role in the economy of the country3 numerous representations and recommendations in the form of grievances and suggestions from various stakeholders have been received in the ministry, citing cases of increase in road accidents, delay in issue of driving licences, the disregard of traffic rules and regulations, etc therefore, in order to improve road safety and transport system, certain amendments are required to be made in the motor vehicles act, 1988 to address safety and efficiency issues in the transport sector4 in view of the above, it has become necessary to amend certain provisions of the said act the proposed motor vehicles (amendment) bill, 2019 seeks to address the issues relating to road safety, citizen facilitation, strengthening public transport, automation and computerisation5 the motor vehicles (amendment) bill, 2019, inter alia, provides for the following, namely:—(a) to facilitate grant of online learning licence; (b) to replace the existing provisions of insurance with simplified provisions inorder to provide expeditious help to accident victims and their families;(c) to increase the time limit for renewal of driving licence from one month to oneyear before and after the expiry date;(d) to increase the period for renewal of transport licence from three years to fiveyears;(e) to enable the licensing authority to grant licence even to the differently abledpersons;(f) to enable the states to promote public transport, rural transport and last mileconnectivity by relaxing any of the provisions of the act pertaining to permits;(g) to increase the fines and penalties for violation of provisions of the act; and (h) to make a provision for protection of good samaritans6 the notes on clauses explain in detail the various provisions contained in the bill 7 the bill seeks to achieve the above objectivesnew delhi;nitin gadkarithe 4th july, 2019 notes on clausesclause 1 provides for the short title of the bill as "the motor vehicles (amendment)act, 2019", and seeks to provide for the commencement of the provisions of the bill from such date as may be notified by the central government and different dates may be appointed for different provisions of the billclause 2 seeks to amend section 2 of the motor vehicles act, 1988 (act) relating to definitions of certain expressions used in the act such as, 'medium passenger motor vehicle', 'motor car' and 'weight' and to insert some new definitions in section 2, such as, 'adapted vehicle', 'aggregator', 'community service', 'driver refresher training course', 'golden hour', 'scheme' and 'testing agency'clause 3 seeks to insert a new section 2b in the act to provide flexibility to the central government to exempt new technologies, inventions or innovations from the provisions of the act so as to promote innovation, research and development in the fields of vehicular engineering, mechanically propelled vehicles and transportation in generalclause 4 seeks to amend section 8 of the act to simplify the procedure for obtaining a learner's licence by enabling an applicant to apply to any licensing authority in the state, to use online means to submit the application, fee and other documents, and allow the government flexibility in determining the eligibility to obtain a learner's licence it also seeks to provide for the issue of a learner's licence in electronic form it enables the licensing authority to verify the identity of the applicant in a manner as prescribed by the central governmentclause 5 seeks to amend section 9 of the act to simplify the procedure for the grant of a driving licence by enabling an applicant to apply to any licensing authority in the state it removes the requirement for minimum educational qualification as long as the applicant holds a certificate from a driver training school or establishment it also seeks to provide that an applicant who fails the test of competence repeatedly shall be required to undergo a remedial driver training course before such applicant can apply againclause 6 seeks to amend section 10 of the act to replace the term 'invalid carriage'with the term 'adapted vehicle'clause 7 seeks to amend section 11 of the act so as to allow a licence holder to apply to any licensing authority in the state for the addition of other classes or descriptions of motor vehicles to his or her driving licence it enables the licensing authority to verify the identity of the applicant in a manner as prescribed by the central governmentclause 8 seeks to amend section 12 of the act to allow applicants who have obtained specialised training that has been devised by the central government, from accredited schools or establishments, to drive without being required to meet other requirements, eg driving with light motor vehicle for at least one year before being granted a learner's licence to drive a transport vehicleclause 9 seeks to amend section 14 of the act to increase the length of time for which a driving licence shall remain validclause 10 seeks to amend section 15 of the act to allow a licence holder to apply for renewal of licence any time in a window of one year before expiry of licence and one year after its expiry it also seeks to provide that any applicant who attempts to renew his or her driving licence more than one year after its expiry shall have to undergo a test of competenceclause 11 seeks to amend section 19 of the act to provide for disqualification from holding driving licence and revocation of driving licence of drivers found to commit certain offences specified in this section it also seeks to provide that such licence holders shall be required to complete a driver refresher training course, as prescribed by the central governmentclause 12 seeks to insert a new section 25a in the act to establish a national register of driving licences containing data on all driving licences issued throughout india and facilitate the grant of licences in a transparent and efficient manner it also seeks to enable the state governments to transmit all information contained in the state register of driving licences to the central government and to update the national register in a manner to be prescribed by the central government it also seeks to subsume all state registers into the national register by a date to be notified by the central governmentclause 13 seeks to amend section 26 of the act to omit the requirement on the part of the state government to supply the central government with a copy of the state register of driving licencesclause 14 seeks to amend section 27 of the act in consequence of the amendments proposed in chapter ii of the actclause 15 seeks to amend section 28 of the act so as to omit clause ( j) of sub-section (2) of section 28 the said amendment is consequential in natureclause 16 seeks to amend section 40 of the act to allow an owner to register his motor vehicle by making an application to any registering authority in the stateclause 17 seeks to amend section 41 of the act to provide for the registration of new motor vehicles by dealers it also seeks to provide that new motor vehicles shall be delivered to the customers only after the affixation of the registration markclause 18 seeks to amend section 43 of the act to enable the central government to make rules for the issue of temporary certificates of registration and temporary registration marks and it provides for an application for temporary registration to be made to a registering authority or any other authority as may be prescribed by the state governmentclause 19 seeks to amend section 44 of the act to remove the requirement of the production of a motor vehicle before the registering authority at the time of registrationclause 20 seeks to amend section 49 of the act to simplify the process for recording change of residence on registration certificate by means of online application process it also seeks to enhance the penalty for failure to provide the new information in a timely mannerclause 21 seeks to amend section 52 of the act to allow owners to alter or retrofit equipment to their motor vehicle and provides that the warranty granted by the manufacturer shall not be declared void when such alteration or retrofitment is done in accordance with specifications laid down by the central government it also empowers the central government to require manufacturers to retrofit safety equipment on motor vehicles it also seeks to enable the conversion of a motor vehicle into an adapted vehicle for use by persons with disabilitiesclause 22 seeks to amend section 55 of the act to provide for the cancellation of the registration of a motor vehicle which has been used by a juvenile in contravention of the provisions of the actclause 23 seeks to amend section 56 of the act to provide for automated testing facilities at authorised testing stations for grant of certificates of fitness to motor vehicles and to ensure that no certificate of fitness shall be granted after such date as may be notified by the central government, unless the motor vehicle is tested at such automated testing facilities it also empowers the central government to direct other motor vehicles, in addition to transport vehicles, to carry certificates of fitness it also seeks to provide that transport vehicles with valid certificates of fitness shall carry clear visible distinguishable marks on their bodiesclause 24 seeks to amend section 59 of the act to enable the central government to make rules for the recycling of motor vehicles and motor vehicle parts at the end of their lifeclause 25 seeks to insert new provisions, viz, sections 62a and 62b in the actsection 62a seeks to prohibit the registration of oversized vehicles and issuance of certificates of fitness to such vehicles section 62b seeks to establish the national register of motor vehicles that shall contain data on all motor vehicles registered throughout india it also provides that no certificate of registration shall be issued or renewed unless it has been issued a unique registration number under the national register it also enables the state governments to transmit information and data contained in the state registers of motor vehicles to the national register and update the national register in accordance with rules as may be prescribed by the central governmentclause 26 seeks to amend section 63 of the act to enable the central government to prescribe the form in which a state government shall supply the updated details of the state register of motor vehicles to the central governmentclause 27 seeks to amend section 64 of the act in consequence of the amendments proposed in chapter iv of the actclause 28 seeks to amend section 65 of the act for clarifying the powers of the state governmentclause 29 seeks to amend section 66 of the act to exempt transport vehicles, operating with a licence under a scheme for the transportation of goods and passengers made under the provisions of chapter v of the act from acquiring a permit it also allows a transport vehicle which has been issued a permit or a licence to be used either under such permit or such licence at the discretion of the owner of the transport vehicleclause 30 seeks to insert new provisions, viz, sections 66a and 66b in the actsection 66a seeks to empower the central government to develop and implement a national transportation policy section 66b seeks to provide that permit holders shall not be disqualified from applying for a licence under a scheme for the transportation of goods and passengers made under the provisions of chapter v of the act, nor shall such permit holder be required to surrender the permit on being issued such a licenceclause 31 seeks to amend section 67 of the act to empower the state government to issue directions to the state transport authority and the regional transport authority to safeguard the convenience of passengers, prevent overcrowding, promote road safety and provide economically competitive fares it also empowers the state government to relax any of the provisions made under chapter v and modify permits and make schemes for the transportation of goods and passengers to enhance last mile connectivity and rural transport, reduce traffic congestion, improve urban transport, promote safety of road users, better utilisation of transport assets, enhance regional economic vitality, increase accessibility and mobility, protect the environment, promote energy conservation, improve the quality of life and enhance multimodal integration among other purposesclause 32 seeks to amend section 72 of the act to empower the regional transport authority to waive any permit condition for a stage carriage operating in a rural areaclause 33 seeks to amend section 74 of the act in order to empower the regional transport authority to waive any permit condition for a contract carriage to promote last mile connectivity solutions it also seeks to facilitate empowerment of self-help groups through preference in issuance of permitsclause 34 seeks to insert a new section 88a in the act to empower the central government to modify permits and make schemes for inter-state transport of goods and passengersclause 35 seeks to amend section 92 of the act in order to make void any contract for conveyance of a passenger in a transport vehicle licensed under a scheme made under chapter v that seeks to negative or restrict liability or imposes any conditions for the enforcement of liability for the death or bodily injury suffered by such passenger arising out of the use of such transport vehicleclause 36 seeks to amend section 93 of the act in order to provide statutory recognition to transport aggregatorsclause 37 seeks to amend section 94 of the act in order to oust the jurisdiction of civil courts to entertain any question or issue injunction relating to the issue of licences under a scheme made under chapter vclause 38 seeks to amend section 96 of the act in consequence of the amendments proposed in chapter vclause 39 seeks to amend section 110 of the act to provide for the enforcement of standards for construction, equipment and maintenance of motor vehiclesclause 40 seeks to insert new provisions, viz, sections 110a and 110b in the actsection 110a seeks to empower the central government to recall vehicles which do not meet standards and for making rules in this behalf section 110b seeks to provide for issue of type-approval certificates and the accreditation, registration and regulation of testing agencies for testing of motor vehicles and for the making of rules in this behalf by the central governmentclause 41 seeks to amend section 114 of the act in order to enable state governments to designate any person as an authority to enforce the provisions of this sectionclause 42 seeks to amend section 116 of the act in order to enable the national highways authority of india or any other agency authorised by the central government to construct traffic signs for highways and for this purpose, to enable the national highways authority of india or any other such agency as authorised by the central government to seek assistance from the authorities of the state governmentclause 43 seeks to amend section 117 of the act to provide that the national highways authority of india or any other agency authorised by the central government may also determine parking places and halting stationsclause 44 seeks to substitute section 129 of the act the new section 129 exempts children below four years of age from the ambit of this provision and empowers the central government to make rules for additional measures for the safety of children below four years of ageclause 45 seeks to insert a new section 134a in the act to protect good samaritans clause 46 seeks to amend section 135 of the act to empower the state government to make schemes for any amenities that they deem fit in the interests of the public it also empowers the central government to make schemes for in-depth studies on the causes and analysis of road accidentsclause 47 seeks to insert a new section 136a in the act in order to allow electronic monitoring and enforcement of road safetyclause 48 seeks to amend section 137 of the act in consequence of the amendments proposed in chapter viiiclause 49 seeks to amend section 138 of the act in order to empower states to regulate pedestrians and non-mechanically propelled vehicles and that in the case of national highways such rules shall be framed in consultation with the national highways authority of indiaclause 50 seeks to omit chapter x of the act because no fault liability has been provided for under section 164 of the new chapter xi of the actclause 51 seeks to substitute chapter xi of the act with a new chapter xi this chapter aims to simplify the third party insurance for motor vehicles it empowers the central government to prescribe the minimum premium and the corresponding liability of the insurer for such a policy it also provides for compensation on the basis of no-fault liability, scheme for the treatment of accident victims during the golden hour and provides for increase in the compensation to accident victims to five lakh rupees in the case of death and two and a half lakh rupees in the case of grievous hurt it also provides a scheme for interim relief to be given to claimantsclause 52 seeks to amend section 165 of the act in consequence of the amendments proposed in chapters x and xiclause 53 seeks to amend section 166 of the act to ensure that a claim for compensation does not abate on the death of the claimant and may be continued by his legal representatives and that the application has to be made within six months from the date of occurrence of the accidentclause 54 seeks to amend section 168 of the act in consequence of the amendment proposed in chapters x and xiclause 55 seeks to amend section 169 of the act in order to confer powers of the civil court upon the claims tribunal with regard to execution of a decree passed by itselfclause 56 seeks to amend section 170 of the act in consequence of the amendment proposed in chapter xiclause 57 seeks to amend section 173 of the act in order to increase the amount in controversy required for an appeal from the decision of the claims tribunal to be heard by the high courtclause 58 seeks to amend section 177 of the act in order to enhance the general penaltiesclause 59 seeks to insert a new section 177a in the act in order to provide for penalties for violation of the rules of the road regulations, 1989 and other regulations made under section 118 of the actclause 60 seeks to amend clause (b) of sub-section (3) of section 178 of the act relating to penalties for travelling without pass or ticket, etc, so as to extend the penalty therein from two hundred rupees to five hundred rupeesclause 61 seeks to amend section 179 of the act in order to enhance penalties for disobedience of orders, obstruction, etcclause 62 seeks to amend section 180 of the act in order to enhance penalty for allowing unauthorised persons to drive vehiclesclause 63 seeks to amend section 181 of the act it enhances penalty for driving vehicles in contravention of section 3 and section 4 of the actclause 64 seeks to amend section 182 of the act, in order to enhance the penalties for offences relating to licencesclause 65 seeks to amend section 182a of the act in order to enhance penalties for contravention of provisions of chapter vii by manufacturers, importers, dealers and owners of motor vehicles it is also proposed to insert a new section 182b in the act in order to provide for penalty for contravention of section 62a for registration and issuance of certificate of fitness to oversized vehiclesclause 66 seeks to amend section 183 of the act in order to enhance the penalties for driving at excessive speed and to provide for different penalties for different classes of motor vehiclesclause 67 seeks to amend section 184 of the act in order to enhance penalties for driving dangerously it also seeks to insert an explanation giving examples of acts that are considered driving in a manner dangerous to the publicclause 68 seeks to amend section 185 of the act in order to enhance the penalties for driving under the influence of alcohol or drugsclause 69 seeks to amend section 186 of the act in order to enhance the penalties for driving when mentally or physically unfit to driveclause 70 seeks to amend section 187 of the act in order to enhance the penalties for offences relating to accidentclause 71 seeks to amend section 189 of the act in order to enhance the penalties for racing and trials of speedclause 72 seeks to amend section 190 of the act in order to enhance the penalties for using vehicle in unsafe conditionclause 73 seeks to omit section 191 of the act, which deals with sale of vehicle in or alteration of vehicle to condition contravening the actclause 74 seeks to amend section 192 of the act in order to provide that use of a motor vehicle in contravention of provisions regarding certificate of fitness shall be deemed as use of a motor vehicle not registered under the act and shall be punishable in the same mannerclause 75 seeks to amend section 192a of the act in order to enhance the penalties for using a motor vehicle in contravention of section 66clause 76 seeks to insert a new section 192b in the act to provide for imposition of penalty on an owner or dealer, as the case may be, for failure to make an application for registration and for false representation of facts or documentsclause 77 seeks to amend section 193 of the act in order to enhance the penalties for agents and canvassers and provide for penalties for aggregators for contravening the provisions of section 93 and the conditions of licenceclause 78 seeks to amend section 194 of the act in order to enhance the penalties for driving vehicle exceeding permissible weight it also provides that a motor vehicle will not be allowed to move before excess load is removedclause 79 seeks to insert new provisions, viz, sections 194a, 194b, 194c, 194d, 194eand 194f in the act section 194a imposes a penalty for carriage of more passengers than authorised in the registration certificate section 194b imposes a penalty on persons for not wearing seat belts and for not seating children in a safe manner section 194c imposes a penalty for carriage of more than two persons, including the driver, on a motor cycle section 194d imposes a penalty on persons for not wearing protective headgear while driving or riding a motor cycle section 194e imposes a penalty for failing to draw to the side of the road to provide passage for an emergency vehicle section 194f imposes a penalty for sounding the horn unnecessarily in silence zones while driving a motor vehicleclause 80 seeks to omit section 195 of the act in order to eliminate discretion in the imposition of fine on an offenderclause 81 seeks to amend section 196 of the act in order to enhance the penalties for driving an uninsured motor vehicleclause 82 seeks to amend section 197 of the act in order to enhance the penalties for taking a motor vehicle without authorityclause 83 seeks to amend section 198 of the act in order to enhance the penalties for unauthorised interference with a motor vehicleclause 84 seeks to insert a new section 198a in the act in order to prescribe for penalties for failure to comply with standards for road design, construction and maintenanceclause 85 seeks to insert new provisions, viz, section 199a and section 199b in the act to provide for liability of guardian or owner of vehicle, as the case might be, for any offence under this act committed by a juvenile and the liability of juvenile section 199b has been inserted to provide for revision of finesclause 86 seeks to amend section 200 of the act to provide for the composition of certain offences under the actclause 87 seeks to amend section 201 of the act to enhance the penalties for causing obstruction to free flow of trafficclause 88 seeks to amend section 206 of the act to empower police officers to impound the driving licence of a person accused of certain offences such as driving dangerously (section 184), etc, and forwarding the same for disqualification proceedings under section 19 of the actclause 89 seeks to insert new provision, viz, sections 210a, 210b, 210c and 210d in the act section 210a empowers the state governments to apply different multipliers to different fines and such multipliers may be different for different classes of motor vehicles section 210b provides for the imposition of twice the fine otherwise provided in the act, whenever an offence is committed by any authority entrusted with the enforcement of the act section 210c provides for the power of the central government to make rules section 210d provides for the power of the state government to make rulesclause 90 seeks to insert a new section 211a in the act to provide that all documents, forms and applications under this act may be filed in an electronic format to be prescribed by the central or state governments, as may be applicableclause 91 seeks to amend section 212 of the act to provide for the laying in the state legislature of notifications made under section 210a for legislative approvalclause 92 seeks to insert new provisions, viz, sections 215a, 215b, 215c and 215d in the act section 215a enables the central and state governments to delegate any power or function to any public servant or public authority and authorise any public servant or public authority to discharge any of the powers, functions, or duties conferred under the act section 215b enables the central government to constitute a national road safety board section 215c enumerates the rule making powers granted to the central government under chapter xiv of the act section 215d enumerates the rule making powers granted to the state government under chapter xiv of the actclause 93 seeks to omit the second schedule of the act which deals with compensation for third party fatal accidents or injury cases claims financial memorandumclause 15 of the motor vehicles (amendment) bill, 2019 seeks to insert a new section 164b in the act which provides for the establishment of the motor vehicle accident fund regarding compulsory insurance of all road users for the purposes of emergency medical treatment of/to victims of road accidents the fund may also be utilised for the purpose of providing compensation to the victims of road accidents and their families2 the expenditure from the fund may be met from the consolidated fund of india through the budegtary provision under the ministry of road transport and highways and other sources as may be prescribed by the central government3 the quantum of funds required will depend on the detailed structure and activities undertaken through the motor vehicle accident fund and the limits of compensation shall be such as may be prescribed by the central government hence, the financial implications cannot be quantified now4 the bill does not involve any other expenditure of recurring or non-recurring nature from the consolidated fund of india memorandum regarding delegated legislationclause 14 of the bill seeks to amend section 27 of the act empowering the central government to make rules under chapter ii of the act the matters in respect of which the rules may be made, inter alia, include (a) the form and manner, including online issue, in which a licensing authority may issue a learner's licence; (b) the manner in which a licensing authority may verify the identity of the applicant; (c) the curriculum of training modules and the regulation of schools and establishments; (d) the conditions for renewal of licence to drive transport vehicles carrying goods of a dangerous or hazardous nature; (e) the nature and syllabus of driver refresher training courses; and (f) the national register of driving licencesclause 27 of the bill seeks to amend section 64 of the act empowering the central government to make rules under chapter iv of the actclause 39 of the bill seeks to amend section 110 of the act empowering the central government to make rules under chapter vii of the act the matters in respect of which the rules may be made, inter alia, include (a) the standards of components including software components, and (b) investigation of non-compliance with the rules made under sub-section (1) of section 110clause 40 of the bill seeks to insert a new section 110a in the act empowering the central government to make rules under chapter vii of the act for regulating the recall of motor vehicles for any defect which, in the opinion of the central government, may cause harm to the environment or to the driver or occupants of such motor vehicle or to other road usersclause 45 of the bill seeks to insert a new section 134a in the act empowering the central government to make rules for protection of good samaritans under chapter viii of the actclause 48 of the bill seeks to amend section 137 of the act empowering the central government to make rules under chapter viii of the actclause 51 of the bill seeks to insert new section 164c to empower the central government to make rules under the substituted chapter xi relating to insurance of motor vehicles against third party risks it also seeks to insert new section 164d which empowers the state government to make rules under the substituted chapter xi for matters other than those specified under section 164cclause 89 of the bill seeks to insert section 210c which empowers the central government to make rules for design, construction and maintenance standards for national highways it also seeks to insert new section 210d which empowers the state government to make rules for design, construction and maintenance standards for roads other than national highwaysclause 92 of the bill proposes to empower the central government and the state government to make rules for the purposes of carrying out the provisions of the proposed legislation and the matters in respect of which the rules may be made have been enumerated in the proposed new sections 215c and 215d, respectively2 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 annexure extracts from the motor vehicles act, 1988 (59 of 1988) 2 in this act, unless the context otherwise requires,—definitions(1) "area", in relation to any provision of this act, means such area as the state government may, having regard to the requirements of that provision, specify by notification in the official gazette; (18) "invalid carriage" means a motor vehicle specially designed and constructed, and not merely, adapted, for the use of a person suffering from some physical defect or disability, and used solely by or for such a person; (24) "medium passenger motor vehicle" means any public service vehicle or private service vehicle, or educational institution bus other than a motor cycle, invalid carriage, light motor vehicle or heavy passenger motor vehicle; (26) "motor car" means any motor vehicle other than a transport vehicle, omnibus, road-roller, tractor, motor cycle or invalid carriage; (49) "weight" means the total weight transmitted for the time being by the wheels of a vehicle to the surface on which the vehicle rests grant of learner's licence8 (1) any person who is not disqualified under section 4 for driving a motor vehicle and who is not for the time being disqualified for holding or obtaining a driving licence may, subject to the provisions of section 7, apply to the licensing authority having jurisdiction in the area—(i) in which he ordinarily resides or carries on business, or(ii) in which the school or establishment referred to in section 12 from where heintends to receive instruction in driving a motor vehicle is situate,for the issue to him of a learner's licence(2) every application under sub-section (1) shall be in such form and shall be accompanied by such documents and with such fee as may be prescribed by the central government(3) every application under sub-section (1) shall be accompanied by a medical certificate in such form as may be prescribed by the central government and signed by such registered medical practitioner, as the state government or any person authorised in this behalf by the state government may, by notification in the official gazette, appoint for this purpose:provided that no such medical certificate is required for licence to drive a vehicle other than a transport vehicle(4) if, from the application or from the medical certificate referred to in sub-section (3), it appears that the applicant is suffering from any disease or disability which is likely to cause the driving by him of a motor vehicle of the class which he would be authorised by the learner's licence applied for to drive to be a source of danger to the public or to the passengers, the licensing authority shall refuse to issue the learner's licence:provided that a learner's licence limited to driving an invalid carriage may be issued to the applicant, if the licensing authority is satisfied that he is fit to drive such a carriage (5) no learner's licence shall be issued to any applicant unless he passes to the satisfaction of the licensing authority such test as may be prescribed by the central government9 (1) any person who is not for the time being disqualified for holding or obtaining a driving licence may apply to the licensing authority having jurisdiction in the area—grant of driving licence [10] m c(3) if the applicant passes such test as may be prescribed by the central government, he shall be issued the driving licence:provided that no such test shall be necessary where the applicant produces proof to show that—(a) (i) the applicant has previously held a driving licence to drive such class of vehicle and that the period between the data of expiry of that licence and the date of the application does not exceed five years, or(ii) the applicant holds or has previously held a driving licence to drive such class of vehicle issued under section 18, or(iii) the applicant holds a driving licence to drive such class of vehicle issued by a competent authority of any country outside india, subject to the condition that the applicant complies with the provisions of sub-section (3) of section 8,(b) the applicant is not suffering from any disability which is likely to cause the driving by him to be a source of danger to the public; and the licensing authority may, for that purpose, require the applicant to produce a medical certificate in the same form and in the same manner as is referred to in sub-section (3) of section 8:provided further that where the application is for a driving licence to drive a motor vehicle (not being a transport vehicle), the licensing authority may exempt the applicant from the test of competence to drive a vehicle prescribed under this subsection, if the applicant possesses a driving certificate issued by any institution recognised in this behalf by the state government (4) where the application is for a licence to drive a transport vehicle, no such authorisation shall be granted to any applicant unless he possesses such minimum educational qualification as may be prescribed by the central government and a driving certificate issued by a school or establishment referred to in section 12(5) where the applicant does not pass the test; he may be permitted to re-appear for the test after a period of seven days:provided that where the applicant does not pass the test even after three appearances, he shall not be qualified to re-appear for such test before the expiry of a period of sixty days from the date of last such test 10 (1) (2) a learner's licence or, as the case may be, driving licence shall also be expressed as entitling the holder to drive a motor vehicle of one or more of the following classes, namely:—form and contents of licences to drive (c) invalid carriage; additions to driving licence11 (1) any person holding a driving licence to drive any class or description of motor vehicles, who is not for the time being disqualified for holding or obtaining a driving licence to drive any other class or description of motor vehicles, may apply to the licensing authority having jurisdiction in the area in which he resides or carries on his business in such form and accompanied by such documents and with such fees as may be prescribed by the central government for the addition of such other class or description of motor vehicles to the licence 14 (1) (2) a driving licence issued or renewed under this act shall,-currency of licences to drive motor vehicles(a) in the case of a licence to drive a transport vehicle, be effective for a period of three years:provided that in the case of licence to drive a transport vehicle carrying goods of dangerous or hazardous nature be effective for a period of one year and renewal thereof shall be subject to the condition that the driver undergoes one day refresher course of the prescribed syllabus; and;(b) in the case of any other licence,—(i) if the person obtaining the licence, either originally or on renewal thereof, has not attained the age of fifty years on the date of issue or, as the case may be, renewal thereof,—(a) be effective for a period of twenty years from the date of such issue or renewal;or(b) until the date on which such person attains the age of fifty year, whichever is earlier;(ii) if the person referred to in sub-clause (i), has attained the age of fifty years on the date of issue or as the case may be, renewal thereof, be effective, on payment of such fee as may be prescribed, for a period of five years from the date of such issue or renewal: provided that every driving licence shall, notwithstanding its expiry under this sub-section, continue to be effective for a period of thirty days from such expiry 15 (1) any licensing authority may, on application made to it, renew a driving licence issued under the provisions of this act with effect from the date of its expiry:renewal of driving licencesprovided that in any case where the application for the renewal of a licence is made more than thirty days after the date of its expiry, the driving licence shall be renewed with effect from the date of its renewal:provided further that where the application is for the renewal of a licence to drive a transport vehicle or where in any other case the applicant has attained the age of forty years, the same shall be accompanied by a medical certificate in the same form and in the same manner as is referred to in sub-section (3) of section 8, and the provisions of subsection (4) of section 8 shall, so far as may be, apply in relation to every such case as they apply in relation to a learner's licence (3) where an application for the renewal of a driving licence is made previous to, or not more than thirty days after the date of its expiry, the fee payable for such renewal shall be such as may be prescribed by the central government in this behalf(4) where an application for the renewal of a driving licence is made more than thirty days after the date of its expiry, the fee payable for such renewal shall be such amount as may be prescribed by the central government:provided that the fee referred to in sub-section (3) may be accepted by the licensing authority in respect of an application for the renewal of a driving licence made under this sub-section if it is satisfied that the applicant was prevented by good and sufficient cause from applying within the time specified in sub-section (3):provided further that if the application is made more than five years after the driving licence has ceased to be effective, the licensing authority may refuse to renew the driving licence, unless the applicant undergoes and passes to its satisfaction the test of competence to drive referred to in sub-section (3) of section 9 19 (1) (2) where an order under sub-section (1) is made, the holder of a driving licence shall forthwith surrender his driving licence to the licensing authority making the order, if the driving licence has not already been surrendered, and the licensing authority shall,— [10] m cpower of licensing authority to disqualify from holding a driving licence or revoke such licenceprovided that where the driving licence of a person authorises him to drive more than one class or description of motor vehicles and the order, made under sub-section (1), disqualifies him from driving any specified class or description of motor vehicles, the licensing authority shall endorse the disqualification upon the driving licence and return the same to the holder [10] m cmaintenance of state registers of driving licences26 (1) each state government shall maintain, in such form as may be prescribed by the central government, a register to be known as the state register of driving licences, in respect of driving licences issued and renewed by the licensing authorities of the state government, containing the following particulars, namely:—(a) names and addresses of holders of driving licences; (b) licence numbers; (c) dates of issue or renewal of licences;(d) dates of expiry of licences; (e) classes and types of vehicles authorised to be driven; and (f) such other particulars as the central government may prescribe(2) each state government shall supply to the central government a printed copy or copy in such other form as the central government may require of the state register of driving licences and shall inform the central government without delay of all additions to and other amendments in such register made from time to time(3) the state register of driving licenses shall be maintained in such manner as may be prescribed by the state government 27 the central government may make rules— power of central government to make rules(p) to provide for all or any of the matters referred to in sub-section (1) of section 26; 28 (1) (2) without prejudice to the generality of the foregoing power, such rules may provide for—power of state government to make rules (j) the manner in which the state register of driving licences shall be maintained under section 26; registration, where to be made40 subject to the provisions of section 42, section 43 and section 60, every owner of a motor vehicle shall cause the vehicle to be registered by a registering authority in whose jurisdiction he has the residence or place of business where the vehicle is normally kept41 (1) registration, how to be made(3) the registering authority shall issue to the owner of a motor vehicle registered by it a certificate of registration in such form and containing such particulars and information and in such manner as may be prescribed by the central government (7) a certificate of registration issued under sub-section (3), whether before or after the commencement of this act, in respect of a motor vehicle, other than a transport vehicle, shall, subject to the provisions contained in this act, be valid only for a period of fifteen years from the date of issue of such certificate and shall be renewable(8) an application by or on behalf of the owner of a motor vehicle, other than a transport vehicle, for the renewal of a certificate of registration shall be made within such period and in such form, containing such particulars and information as may be prescribed by the central government (10) subject to the provisions of section 56, the registering authority may, on receipt of an application under sub-section (8), renew the certificate of registration for a period of five years and intimate the fact to the original registering authority, if it is not the original registering authority(11) if the owner fails to make an application under sub-section (1), or, as the case may be, under sub-section (8) within the period prescribed, the registering authority may, having regard to the circumstances of the case, require the owner to pay, in lieu of any action that may be taken against him under section 177, such amount not exceeding one hundred rupees as may be prescribed under sub- section (13):provided that action under section 177 shall be taken against the owner where the owner fails to pay the said amount(12) where the owner has paid the amount under sub-section (11), no action shall be taken against him under section 177(13) for the purposes of sub-section (11), the state government may prescribe different amounts having regard to the period of delay on the part of the owner in making an application under sub-section (1) or sub-section (8)| ||---------------|| temporary || registration |43 (1) notwithstanding anything contained in section 40 the owner of a motor vehicle may apply to any registering authority or other prescribed authority to have the vehicle temporarily registered in the prescribed manner and for the issue in the prescribed manner of a temporary certificate of registration and a temporary registration mark(2) a registration made under this section shall be valid only for a period not exceeding one month, and shall not be renewable:provided that where a motor vehicle so registered is a chassis to which a body has not been attached and the same is detained in a workshop beyond the said period of one month for being fitted with a body or any unforeseen circumstances beyond the control of the owner, the period may, on payment of such fees, if any, as may be prescribed, be extended by such further period or periods as the registering authority or other prescribed authority, as the case may be, may allow (3) in a case where the motor vehicle is held under hire-purchase agreement, lease or hypothecation, the registering authority or other prescribed authority shall issue a temporary certificate of registration of such vehicle, which shall incorporate legibly and prominently the full name and address of the person with whom such agreement has been entered into by the ownerproduction of vehicle at the time of registration44 the registering authority shall before proceeding to register a motor vehicle or renew the certificate of registration in respect of a motor vehicle, other than a transport vehicle, require the person applying for registration of the vehicle or, as the case may be, for renewing the certificate of registration to produce the vehicle either before itself or such authority as the state government may by order appoint in order that the registering authority may satisfy itself that the particulars contained in the application are true and that the vehicle complies with the requirements of this act and of the rules made thereunder [10] m calteration in motor vehicle49 (1) if the owner of a motor vehicle ceases to reside or have his place of business at the address recorded in the certificate of registration of the vehicle, he shall, within thirty days of any such change of address, intimate in such form accompanied by such documents as may be prescribed by the central government, his new address, to the registering authority by which the certificate of registration was issued, or, if the new address is within the jurisdiction of another registering authority, to that other registering authority, and shall at the same time forward the certificate of registration to the registering authority or, as the case may be, to the other registering authority in order that the new address may be entered therein(2) if the owner of a motor vehicle fails to intimate his new address to the concerned registering authority within the period specified in sub-section (1), the registering authority may, having regard to the circumstances of the case, require the owner to pay, in lieu of any action that may be taken against him under section 177 such amount not exceeding one hundred rupees as may be prescribed under sub-section (4):provided that action under section 177 shall be taken against the owner where he fails to pay the said amount [10] m c52 (1) no owner of a motor vehicle shall so alter the vehicle that the particulars contained in the certificate of registration are at variance with those originally specified by the manufacturer:change of residence or place of businessprovided that where the owner of a motor vehicle makes modification of the engine, or any part thereof, of a vehicle for facilitating its operation by different type of fuel or source of energy including battery, compressed natural gas, solar power, liquid petroleum gas or any other fuel or source of energy, by fitment of a conversion kit, such modification shall be carried out subject to such conditions as may be prescribed:provided further that the central government may prescribe specifications, conditions for approval, retrofitment and other related matters for such conversion kits:provided also that the central government may grant exemption for alteration of vehicles in a manner other than specified above, for any specific purpose(2) notwithstanding anything contained in sub-section (1), a state government may, by notification in the official gazette, authorise, subject to such conditions as may be specified in the notification, and permit any person owning not less than ten transport vehicles to alter any vehicle owned by him so as to replace the engine thereof with engine of the same make and type, without the approval of registering authority(3) where any alteration has been made in motor vehicle without the approval of registering authority or by reason of replacement of its engine without such approval under sub-section (2), the owner of the vehicle shall, within fourteen days of the making of the alteration, report the alteration to the registering authority within whose jurisdiction he resides and shall forward the certificate of registration to that authority together with the prescribed fee in order that particulars of registration may be entered therein 56 (1) certificate of fitness of transport vehicles(2) the "authorised testing station" referred to in sub-section (1) means a vehicle service station or public or private garage which the state government, having regard to the experience, training and ability of the operator of such station or garage and the testing equipment and the testing personnel therein, may specify in accordance with the rules made by the central government for regulation and control of such stations or garages| | | | | ||------|------|------|------|-----|(4) the prescribed authority may for reasons to be recorded in writing cancel a certificate of fitness at any time, if satisfied that the vehicle to which it relates no longer complies with all the requirements of this act and the rules made thereunder; and on such cancellation the certificate of registration of the vehicle and any permit granted in respect of the vehicle under chapter v shall be deemed to be suspended until a new certificate of fitness has been obtained:provided that no such cancellation shall be made by the prescribed authority unless such prescribed authority holds such technical qualification as may be prescribed or where the prescribed authority does not hold such technical qualification on the basis of the report of an officer having such qualifications| ||--------------|| maintenance || of state || registers of || motor || vehicles |63 (1) each state government shall maintain in such form as may be prescribed by the central government a register to be known as the state register of motor vehicle, in respect of the motor vehicles in that state, containing the following particulars, namely:—(a) registration numbers; (b) years of manufacture; (c) classes and types; (d) names and addresses of registered owners; and (e) such other particulars as may be prescribed by the central government(2) each state government shall supply to the central government if so desired by it a printed copy of the state register of motor vehicles and shall also inform the central government without delay of all additions to and other amendments in such register made from time to time| | | | | ||------|------|------|------|-----|65 (1) power of state government to make rules(2) without prejudice to the generality of the foregoing power, such rules may provide for— (f) the temporary registration of motor vehicles, and the issue of temporary certificate of registration and marks; (o) the manner in which the state register of motor vehicles shall be maintained under section 63; 67 (1) a state government, having regard to—(a) the advantages offered to the public, trade and industry by the development of motor transport,(b) the desirability of co-ordinating road and rail transport, power to state government to control road transport(c) the desirability of preventing the deterioration of the road system, and (d) the desirability of preventing uneconomic competition among holders of permits, may, from time to time, by notification in the official gazette, issue directions both to the state transport authority and regional transport authority—(i) regarding the fixing of fares and freights (including the maximum and minimum in respect thereof) for stage carriages, contract carriages and goods carriages;(ii) regarding the prohibition or restriction, subject to such conditions as may be specified in the directions, of the conveying of long distance goods traffic generally, or of specified classes of goods by goods carriages;(iii) regarding any other matter which may appear to the state government necessary or expedient for giving effect to any agreement entered into with the central government or any other state government or the government of any other country relating to the regulation of motor transport generally, and in particular to its coordination with other means of transport and the conveying of long distance goods traffic: provided that no such notification in respect of the matters referred to in clause (ii) or clause (iii) shall be issued unless a draft of the proposed directions is published in the official gazette specifying therein a date being not less than one month after such publication, on or after which the draft will be taken into consideration and any objection or suggestion which may be received has, in consultation with the state transport authority, been considered after giving the representatives of the interests affected an opportunity of being heard voidance of contracts restrictive of liability92 any contract for the conveyance of a passenger in a stage carriage or contract carriage, in respect of which a permit has been issued under this chapter, shall, so far as it purports to negative or restrict the liability of any person in respect of any claim made against that person in respect of the death of, or bodily injury to, the passenger while being carried in, entering or alighting from the vehicle, or purports to impose any conditions with respect to the enforcement of any such liability, be void93 (1) agent or canvasser to obtain licence bar on jurisdiction of civil courts94 no civil court shall have jurisdiction to entertain any question relating to the grant of a permit under this act, and no injunction in respect of any action taken or to be taken by the duly constituted authorities under this act with regard to the grant of a permit, shall be entertained by any civil court 110 (1) the central government may make rules regulating the construction, equipment and maintenance of motor vehicles and trailers with respect to all or any of the following matters, namely:—power of central government to make rules [10] m c(k) standards of the components used in the vehicle as inbuilt safety devices; [10] m c(2) rules may be made under sub-section (1) governing the matters mentioned therein, including the manner of ensuring the compliance with such matters and the maintenance of motor vehicles in respect of such matters, either generally in respect of motor vehicles or trailers or in respect of motor vehicles of trailers of a particular class or in particular circumstances114 (1) any officer of the motor vehicles department authorized in this behalf by the state government shall, if he has reason to believe that a goods vehicle or trailor is being power to have vehicle weighedused in contravention of section 113 require the driver to convey the vehicle to a weighing device, if any, within a distance of ten kilometres from any point on the forward route or within a distance of twenty kilometres from the destination of the vehicle for weighment; and if on such weighment the vehicle is found to contravene in any respect the provisions of section 113 regarding weight, he may, by order in writing, direct the driver to off-load the excess weight at his own risk and not to remove the vehicle or trailer from that place until the laden weight has been reduced or the vehicle or trailer has otherwise been dealt with so that it complies with section 113 and on receipt of such notice, the driver shall comply with such directions116 (1) (a) power to erect traffic signs(3) except as provided by sub-section (1), no traffic sign shall, after the commencement of this act, be placed or erected on or near any road; but all traffic signs placed or erected prior to the commencement of this act by any competent authority shall for the purpose of this act be deemed to be traffic signs placed or erected under the provisions of sub-section (1) wearing of protective headgear129 every person driving or riding (otherwise than in a side car, on a motor cycle of any class or description) shall, while in a public place, wear protective headgear conforming to the standards of bureau of indian standards:provided that the provisions of this section shall not apply to a person who is a sikh, if he is, while driving or riding on the motor cycle, in a public place, wearing a turban:provided further that the state government may, by such rules, provide for such exceptions as it may think fitexplanation—"protective headgear" means a helmet which,—(a) by virtue of its shape, material and construction, could reasonably be expected to afford to the person driving or riding on a motor cycle a degree of protection from injury in the event of an accident; and(b) is securely fastened to the head of the wearer by means of straps or other fastenings provided on the headgear 135 (1) the state government may, by notification in the official gazette, make one or more schemes to provide for— (c) traffic aid posts on highways; and(d) truck parking complexes along highwaysschemes to be framed for the investigation of accident cases and wayside amenities, etc chapter x liability without fault in certain cases140 (1) where death or permanent disablement of any person has resulted from an accident arising out of the use of a motor vehicle or motor vehicles, the owner of the vehicle shall, or, as the case may be, the owners of the vehicles shall, jointly and severally, be liable to pay compensation in respect of such death or disablement in accordance with the provisions of this sectionliability to pay compensation in certain cases on the principle of no fault(2) the amount of compensation which shall be payable under sub-section (1) in respect of the death of any person shall be a fixed sum of fifty thousand rupees and the amount of compensation payable under that sub-section in respect of the permanent disablement of any person shall be a fixed sum of twenty-five thousand rupees(3) in any claim for compensation under sub-section (1), the claimant shall not be required to plead and establish that the death or permanent disablement in respect of which the claim has been made was due to any wrongful act, neglect or default of the owner or owners of the vehicle or vehicles concerned or of any other person(4) a claim for compensation under sub-section (1) shall not be defeated by reason of any wrongful act, neglect or default of the person in respect of whose death or permanent disablement the claim has been made nor shall the quantum of compensation recoverable in respect of such death or permanent disablement be reduced on the basis of the share of such person in the responsibility for such death or permanent disablement(5) notwithstanding anything contained in sub-section (2) regarding death or bodily injury to any person, for which the owner of the vehicle is liable to give compensation for relief, he is also liable to pay compensation under any other law for the time being in force:provided that the amount of such compensation to be given under any other law shall be reduced from the amount of compensation payable under this section or under section 163a141 (1) the right to claim compensation under section 140 in respect of death or permanent disablement of any person shall be in addition to any other right, except the right to claim under the scheme referred to in section 163a (such other right hereafter] in this section referred to as the right on the principle of fault) to claim compensation in respect thereof under any other provision of this act or of any other law for the time being in forceto claim compensation for death or permanent disablement(2) a claim for compensation under section 140 in respect of death or permanent disablement of any person shall be disposed of as expeditiously as possible and where compensation is claimed in respect of such death or permanent disablement under section 140 and also in pursuance of any right on the principle of fault, the claim for compensation under section 140 shall be disposed of as aforesaid in the first place(3) notwithstanding anything contained in sub-section (1), where in respect of the death or permanent disablement of any person, the person liable to pay compensation under section 140 is also liable to pay compensation in accordance with the right on the principle of fault, the person so liable shall pay the first-mentioned compensation and—(a) if the amount of the first-mentioned compensation is less than the amount of the second-mentioned compensation, he shall be liable to pay (in addition to the firstmentioned compensation) only so much of the second-mentioned compensation as is equal to the amount by which it exceeds the first-mentioned compensation;(b) if the amount of the first-mentioned compensation is equal to or more than the amount of the second-mentioned compensation, he shall not be liable to pay the second-mentioned compensationpermanent disablement142 for the purposes of this chapter, permanent disablement of a person shall be deemed to have resulted from an accident of the nature referred to in sub-section (1) of section 140 if such person has suffered by reason of the accident, any injury or injuries involving—(a) permanent privation of the sight of either eye or the hearing of either ear, or privation of any member or joint; or(b) destruction or permanent impairing of the powers of any member or joint; or (c) permanent disfiguration of the head or faceapplicability of chapter to certain claims under act 8 of 1923143 the provisions of this chapter shall also apply in relation to any claim for compensation in respect of death or permanent disablement of any person under the workmen's compensation act, 1923 resulting from an accident of the nature referred to in sub-section (1) of section 140 and for this purpose, the said provisions shall, with necessary modifications, be deemed to form part of that actoverriding effect144 the provisions of this chapter shall have effect notwithstanding anything contained in any other provision of this act or of any other law for the time being in force chapter xi insurance of motor vehicles against third party risksdefinitions145 in this chapter,—57 of 1972(a) "authorised insurer" means an insurer for the time being carrying on generalinsurance business in india under the general insurance business (nationalisation) act, 1972 and any government insurance fund authorised to do general insurance business under that act;(b) "certificate of insurance" means a certificate issued by an authorised insurer in pursuance of sub-section (3) of section 147 and includes a cover note complying with such requirements as may be prescribed, and where more than one certificate has been issued in connection with a policy, or where a copy of a certificate has been issued, all those certificates or that copy, as the case may be;(c) "liability", wherever used in relation to the death of or bodily injury to anyperson, includes liability in respect thereof under section 140;(d) "policy of insurance" includes "certificate of insurance"; (e) "property" includes goods carried in the motor vehicle, roads, bridges, culverts, causeways, trees, posts and mile- stones;(f) "reciprocating country" means any such country as may on the basis of reciprocity be notified by the central government in the official gazette to be a reciprocating country for the purposes of this chapter;(g) "third party" includes the governmentnecessity for insurance against third party risk146 (1) no person shall use, except as a passenger, or cause or allow any other person to use, a motor vehicle in a public place, unless there is in force in relation to the use of the vehicle by that person or that other person, as the case may be, a policy of insurance complying with the requirements of this chapter:6 of 1991provided that in the case of a vehicle carrying, or meant to carry, dangerous or hazardous goods, there shall also be a policy of insurance under the public liability insurance act, 1991explanation—a person driving a motor vehicle merely as a paid employee, while there is in force in relation to the use of the vehicle no such policy as is required by this subsection, shall not be deemed to act in contravention of the sub-section unless he knows or has reason to believe that there is no such policy in force(2) sub-section (1) shall not apply to any vehicle owned by the central government or a state government and used for government purposes unconnected with any commercial enterprise(3) the appropriate government may, by order, exempt from the operation of subsection (1) any vehicle owned by any of the following authorities, namely:—(a) the central government or a state government, if the vehicle is used for government purposes connected with any commercial enterprise;(b) any local authority; (c) any state transport undertaking:provided that no such order shall be made in relation to any such authority unless a fund has been established and is maintained by that authority in accordance with the rules made in that behalf under this act for meeting any liability arising out of the use of any vehicle of that authority which that authority or any person in its employment may incur to third partiesexplanation—for the purposes of this sub-section, "appropriate government" means the central government or a state government, as the case may be, and—(i) in relation to any corporation or company owned by the central government or any state government, means the central government or that state government;(ii) in relation to any corporation or company owned by the central government and one or more state governments, means the central government;(iii) in relation to any other state transport undertaking or any local authority, means that government which has control over that undertaking or authority 147 (1) in order to comply with the requirements of this chapter, a policy of insurance must be a policy which—requirements of policies and limits of liability(a) is issued by a person who is an authorised insurer; and (b) insures the person or classes of persons specified in the policy to the extent specified in sub-section (2)—(i) against any liability which may be incurred by him in respect of the death of or bodily injury to any person, including owner of the goods or his authorized representative carried in the vehicle or damage to any property of a third party caused by or arising out of the use of the vehicle in a public place;(ii) against the death of or bodily injury to any passenger of a public service vehicle caused by or arising out of the use of the vehicle in a public place:provided that a policy shall not be required—8 of 1923(i) to cover liability in respect of the death, arising out of and in the course of his employment, of the employee of a person insured by the policy or in respect of bodily injury sustained by such an employee arising out of and in the course of his employment other than a liability arising under the workmen's compensation act, 1923 in respect of the death of, or bodily injury to, any such employee—(a) engaged in driving the vehicle, or (b) if it is a public service vehicle engaged as a conductor of the vehicle or in examining tickets on the vehicle, or(c) if it is a goods carriage, being carried in the vehicle, or(ii) to cover any contractual liabilityexplanation—for the removal of doubts, it is hereby declared that the death of or bodily injury to any person or damage to any property of a third party shall be deemed to have been caused by or to have arisen out of, the use of a vehicle in a public place notwithstanding that the person who is dead or injured or the property which is damaged was not in a public place at the time of the accident, if the act or omission which led to the accident occurred in a public place(2) subject to the proviso to sub-section (1), a policy of insurance referred to in subsection (1), shall cover any liability incurred in respect of any accident, up to the following limits, namely:—(a) save as provided in clause (b), the amount of liability incurred;(b) in respect of damage to any property of a third party, a limit of rupees sixthousand:provided that any policy of insurance issued with any limited liability and in force, immediately before the commencement of this act, shall continue to be effective for a period of four months after such commencement or till the date of expiry of such policy whichever is earlier(3) a policy shall be of no effect for the purposes of this chapter unless and until there is issued by the insurer in favour of the person by whom the policy is effected a certificate of insurance in the prescribed form and containing the prescribed particulars of any condition subject to which the policy is issued and of any other prescribed matters; and different forms, particulars and matters may be prescribed in different cases(4) where a cover note issued by the insurer under the provisions of this chapter or the rules made thereunder is not followed by a policy of insurance within the prescribed time, the insurer shall, within seven days of the expiry of the period of the validity of the cover note, notify the fact to the registering authority in whose records the vehicle to which the cover note relates has been registered or to such other authority as the state government may prescribe(5) notwithstanding anything contained in any law for the time being in force, an insurer issuing a policy of insurance under this section shall be liable to indemnify the person or classes of persons specified in the policy in respect of any liability which the policy purports to cover in the case of that person or those classes of personsvalidity of policies of insurance issued in reciprocating countries148 where, in pursuance of an arrangement between india and any reciprocating country, any motor vehicle registered in the reciprocating country operates on any route or within any area common to the two countries and there is in force in relation to the use of the vehicle in the reciprocating country, a policy of insurance complying with the requirements of the law of insurance in force in that country, then, notwithstanding anything contained in section 147 but subject to any rules which may be made under section 164, such policy of insurance shall be effective throughout the route or area in respect of which, the arrangement has been made, as if the policy of insurance had complied with the requirements of this chapterduty of insurers to satisfy judgments and awards against persons insured in respect of third party risks149 (1) if, after a certificate of insurance has been issued under sub-section (3) of section 147 in favour of the person by whom a policy has been effected, judgment or award in respect of any such liability as is required to be covered by a policy under clause (b) of sub-section (1) of section 147 (being a liability covered by the terms of the policy) or under the provisions of section 163a is obtained against any person insured by the policy, then, notwithstanding that the insurer may be entitled to avoid or cancel or may have avoided or cancelled the policy, the insurer shall, subject to the provisions of this section, pay to the person entitled to the benefit of the decree any sum not exceeding the sum assured payable thereunder, as if he were the judgment debtor, in respect of the liability, together with any amount payable in respect of costs and any sum payable in respect of interest on that sum by virtue of any enactment relating to interest on judgments(2) no sum shall be payable by an insurer under sub-section (1) in respect of any judgment or award unless, before the commencement of the proceedings in which the judgment or award is given the insurer had notice through the court or, as the case may be, the claims tribunal of the bringing of the proceedings, or in respect of such judgment or award so long as execution is stayed thereon pending an appeal; and an insurer to whom notice of the bringing of any such proceedings is so given shall be entitled to be made a party thereto and to defend the action on any of the following grounds, namely:—(a) that there has been a breach of a specified condition of the policy, being one of the following conditions, namely:—(i) a condition excluding the use of the vehicle—(a) for hire or reward, where the vehicle is on the date of the contract of insurance a vehicle not covered by a permit to ply for hire or reward, or(b) for organised racing and speed testing, or (c) for a purpose not allowed by the permit under which the vehicle is used, where the vehicle is a transport vehicle, or(d) without side-car being attached where the vehicle is a motor cycle; or (ii) a condition excluding driving by a named person or persons or by any person who is not duly licensed, or by any person who has been disqualified for holding or obtaining a driving licence during the period of disqualification; or(iii) a condition excluding liability for injury caused or contributed to by conditions of war, civil war, riot or civil commotion; or (b) that the policy is void on the ground that it was obtained by the nondisclosure of a material fact or by a representation of fact which was false in some material particular5 of 1908(3) where any such judgment as is referred to in sub-section (1) is obtained from a court in a reciprocating country and in the case of a foreign judgment is, by virtue of the provisions of section 13 of the code of civil procedure, 1908 conclusive as to any matter adjudicated upon by it, the insurer (being an insurer registered under the insurance act, 1938 and whether or not he is registered under the corresponding law of the reciprocating country) shall be liable to the person entitled to the benefit of the decree in the manner and to the extent specified in sub-section (1), as if the judgment were given by a court in india:provided that no sum shall be payable by the insurer in respect of any such judgment unless, before the commencement of the proceedings in which the judgment is given, the insurer had notice through the court concerned of the bringing of the proceedings and the insurer to whom notice is so given is entitled under the corresponding law of the reciprocating country, to be made a party to the proceedings and to defend the action on grounds similar to those specified in sub-section (2)(4) where a certificate of insurance has been issued under sub-section (3) of section147 to the person by whom a policy has been effected, so much of the policy as purports to restrict the insurance of the persons insured thereby by reference to any conditions other than those in clause (b) of sub-section (2) shall, as respects such liabilities as are required to be covered by a policy under clause (b) of sub-section (1) of section 147, be of no effect:provided that any sum paid by the insurer in or towards the discharge of any liability of any person which is covered by the policy by virtue only of this sub-section shall be recoverable by the insurer from that person(5) if the amount which an insurer becomes liable under this section to pay in respect of a liability incurred by a person insured by a policy exceeds the amount for which the insurer would apart from the provisions of this section be liable under the policy in respect of that liability, the insurer shall be entitled to recover the excess from that person(6) in this section the expressions "material fact" and "material particular" means, respectively a fact or particular of such a nature as to influence the judgment of a prudent insurer in determining whether he will take the risk and, if so at what premium and on what conditions and the expression "liability covered by the terms of the policy" means a liability which is covered by the policy or which would be so covered but for the fact that the insurer is entitled to avoid or cancel or has avoided or cancelled the policy(7) no insurer to whom the notice referred to in sub-section (2) or sub-section (3) has been given shall be entitled to avoid his liability to any person entitled to the benefit of any such judgment or award as is referred to in sub-section (1) or in such judgment as is referred to in sub-section (3) otherwise than in the manner provided for in sub-section (2) or in the corresponding law of the reciprocating country, as the case may beexplanation—for the purpose of this section, "claims tribunal" means a claims tribunal constituted under section 165 and "award" means an award made by that tribunal under section 168150 (1) where under any contract of insurance effected in accordance with the provisions of this chapter, a person is insured against liabilities which he may incur to third parties, then—rights of third parties against insurers on insolvency of the insured(a) in the event of the person becoming insolvent or making a composition or arrangement with his creditors, or(b) where the insured person is a company, in the event of a winding up order being made or a resolution for a voluntary winding up being passed with respect to the company or of a receiver or manager of the company's business or undertaking being duly appointed, or of possession being taken by or on behalf of the holders of any debentures secured by a floating charge of any property comprised in or subject to the charge, if, either before or after that event, any such liability is incurred by the insured person, his rights against the insurer under the contract in respect of the liability shall, notwithstanding anything to the contrary in any provision of law, be transferred to and vest in the third party to whom the liability was so incurred(2) where an order for the administration of the estate of a deceased debtor is made according to the law of insolvency, then, if any debt provable in insolvency is owing by the deceased in respect of a liability to a third party against which he was insured under a contract of insurance in accordance with the provisions of this chapter, the deceased debtor's rights against the insurer in respect of that liability shall, notwithstanding anything to the contrary in any provision of law, be transferred to and vest in the person to whom the debt is owing(3) any condition in a policy issued for the purposes of this chapter purporting either directly or indirectly to avoid the policy or to alter the rights of the parties thereunder upon the happening to the insured person of any of the events specified in clause (a) or clause(b) of sub-section (1) or upon the making of an order for the administration of the estate of a deceased debtor according to the law of insolvency shall be of no effect(4) upon a transfer under sub-section (1) or sub-section (2), the insurer shall be under the same liability to the third party as he would have been to the insured person, but—(a) if the liability of the insurer to the insured person exceeds the liability of the insured person to the third party, nothing in this chapter shall affect the rights of the insured person against the insurer in respect of the excess, and(b) if the liability of the insurer to the insured person is less than the liability of the insured person to the third party, nothing in this chapter shall affect the rights of the third party against the insured person in respect of the balanceduty to give information as to insurance151 (1) no person against whom a claim is made in respect of any liability referred to in clause (b) of sub-section (1) of section 147 shall on demand by or on behalf of the person making the claim refuse to state whether or not he was insured in respect of that liability by any policy issued under the provisions of this chapter, or would have been so insured if the insurer had not avoided or cancelled the policy, nor shall he refuse, if he was or would have been so insured, to give such particulars with respect to that policy as were specified in the certificate of insurance issued in respect thereof(2) in the event of any person becoming insolvent or making a composition or arrangement with his creditors or in the event of an order being made for the administration of the estate of a deceased person according to the law of insolvency, or in the event of a winding up order being made or a resolution for a voluntary winding up being passed with respect to any company or of a receiver or manager of the company's business or undertaking being duly appointed or of possession being taken by or on behalf of the holders of any debentures secured by a floating charge on any property comprised in or subject to the charge, it shall be the duty of the insolvent debtor, personal representative of the deceased debtor or company, as the case may be, or the official assignee or receiver in insolvency, trustee, liquidator, receiver or manager, or person in possession of the property to give at the request of any person claiming that the insolvent debtor, deceased debtor or company is under such liability to him as is covered by the provisions of this chapter, such information as may reasonably be required by him for the purpose of ascertaining whether any rights have been transferred to and vested in him by section 150, and for the purpose of enforcing such rights, if any; and any such contract of insurance as purports whether directly or indirectly to avoid the contract or to alter the rights of the parties thereunder upon the giving of such information in the events aforesaid, or otherwise to prohibit or prevent the giving thereof in the said events, shall be of no effect(3) if, from the information given to any person in pursuance of sub-section (2) or otherwise, he has reasonable ground for supporting that there have or may have been transferred to him under this chapter rights against any particular insurer, that insurer shall be subject to the same duty as is imposed by the said sub-section on the persons therein mentioned(4) the duty to give the information imposed by this section shall include a duty to allow all contracts of insurance, receipts for premiums, and other relevant documents in the possession or power of the person on whom the duty is so imposed to be inspected and copies thereof to be taken152 (1) no settlement made by an insurer in respect of any claim which might be made by a third party in respect of any liability of the nature referred to in clause (b) of subsection (1) of section 147 shall be valid unless such third party is a party to the settlementsettlement between insurers and insured persons(2) where a person who is insured under a policy issued for the purposes of this chapter has become insolvent, or where, if such insured person is a company, a winding up order has been made or a resolution for a voluntary winding up has been passed with respect to the company, no agreement made between the insurer and the insured person after the liability has been incurred to a third party and after the commencement of the insolvency or winding up, as the case may be, nor any waiver, assignment or other disposition made by or payment made to the insured person after the commencement aforesaid shall be effective to defeat the rights transferred to the third party under this chapter, but those rights shall be the same as if no such agreement, waiver, assignment or disposition or payment has been madesaving in respect of sections 150, 151 and 152153 (1) for the purposes of sections 150, 151 and 152 a reference to "liabilities to third parties" in relation to a person insured under any policy of insurance shall not include a reference to any liability of that person in the capacity of insurer under some other policy of insurance(2) the provisions of sections 150, 151 and 152 shall not apply where a company is wound up voluntarily merely for the purposes of reconstruction or of an amalgamation with another companyinsolvency of insured persons not to affect liability of insured or claims by third parties154 where a certificate of insurance has been issued to the person by whom a policy has been effected, the happening in relation to any person insured by the policy of any such event as is mentioned in sub-section (1) or sub-section (2) of section 150 shall, notwithstanding anything contained in this chapter, not affect any liability of that person of the nature referred to in clause (b) of sub-section (1) of section 147; but nothing in this section shall affect any rights against the insurer conferred under the provisions of sections 150, 151 and 152 on the person to whom the liability was incurred39 of 1925effect of death on certain causes of action155 notwithstanding anything contained in section 306 of the indian succession act, 1925, the death of a person in whose favour a certificate of insurance had been issued, if it occurs after the happening of an event which has given rise to a claim under the provisions of this chapter, shall not be a bar to the survival of any cause of action arising out of the said event against his estate or against the insurer156 when an insurer has issued a certificate of insurance in respect of a contract of insurance between the insurer and the insured person, then—effect of certificate of insurance(a) if and so long as the policy described in the certificate has not been issued by the insurer to the insured, the insurer shall, as between himself and any other person except the insured, be deemed to have issued to the insured to the insured person a policy of insurance conforming in all respects with the description and particulars stated in such certificate; and(b) if the insurer has issued to the insured the policy described in the certificate, but the actual terms of the policy are less favourable to persons claiming under or by virtue of the policy against the insurer either directly or through the insured than the particulars of the policy as stated in the certificate, the policy shall, as between the insurer and any other person except the insured, be deemed to be in terms conforming in all respects with the particulars stated in the said certificatetransfer of certificate of insurance157 (1) where a person in whose favour the certificate of insurance has been issued in accordance with the provisions of this chapter transfers to another person the ownership of the motor vehicle in respect of which such insurance was taken together with the policy of insurance relating thereto, the certificate of insurance and the policy described in the certificate shall be deemed to have been transferred in favour of the person to whom the motor vehicle is transferred with effect from the date of its transferexplanation—for the removal of doubts, it is hereby declared that such deemed transfer shall include transfer of rights and liabilities of the said certificate of insurance and policy of insurance(2) the transferee shall apply within fourteen days from the date of transfer in the prescribed form to the insurer for making necessary changes in regard to the fact of transfer in the certificate of insurance 81 and the policy described in the certificate in his favour and the insurer shall make the necessary changes in the certificate and the policy of insurance in regard to the transfer of insurance158 (1) any person driving a motor vehicle in any public place shall, on being so required by a police officer in uniform authorised in this behalf by the state government, produce—| ( | a | ) the certificate of insurance; ||----------------|-----|------------------------------------|| production of | | || certain | | || certificates, | | || licence and | | || permit in | | || certain cases | | || ( | b | ) the certificate of registration; || ( | c | ) the driving licence; and |(d) in the case of a transport vehicle, also the certificate of fitness referred to in section 56 and the permit, relating to the use of the vehicle (2) if, where owing to the presence of a motor vehicle in a public place an accident occurs involving death or bodily injury to another person, the driver of the vehicle does not at the time produce the certificates, driving licence and permit referred to in sub-section (1)to a police officer, he shall produce the said certificates, licence and permit at the police station at which he makes the report required by section 134(3) no person shall be liable to conviction under sub-section (1) or sub-section (2) by reason only of the failure to produce the certificate of insurance if, within seven days from the date on which its production was required under sub-section (1), or as the case may be, from the date of occurrence of the accident, he produces the certificate at such police station as may have been specified by him to the police officer who required its production or, as the case may be, to the police officer at the site of the accident or to the officer in charge of the police station at which he reported the accident:provided that except to such extent and with such modifications as may be prescribed, the provisions of this sub-section shall not apply to the driver of a transport vehicle(4) the owner of a motor vehicle shall give such information as he may be required by or on behalf of a police officer empowered in this behalf by the state government to give for the purpose of determining whether the vehicle was or was not being driven in contravention of section 146 and on any occasion when the driver was required under this section to produce his certificate of insurance(5) in this section, the expression "produce his certificate of insurance" means produce for examination the relevant certificate of insurance or such other evidence as may be prescribed that the vehicle was not being driven in contravention of section 146(6) as soon as any information regarding any accident involving death or bodily injury to any person is recorded or report under this section is completed by a police officer, the officer incharge of the police station shall forward a copy of the same within thirty days from the date of recording of information or, as the case may be, on completion of such report to the claims tribunal having jurisdiction and a copy thereof to the concerned insurer, and where a copy is made available to the owner, he shall also within thirty days of receipt of such report, forward the same to such claims tribunal and insurer159 a state government may make rules requiring the owner of any motor vehicle when applying whether by payment of a tax or otherwise for authority to use the vehicle in a public place to produce such evidence as may be prescribed by those rules to the effect that either-production of certificate of insurance on application for authority to use vehicle(a) on the date when the authority to use the vehicle comes into operation there will be in force the necessary policy of insurance in relation to the use of the vehicle by the applicant or by other persons on his order or with his permission, or(b) the vehicle is a vehicle to which section 146 does not applyduty to furnish particulars of vehicle involved in accident160 a registering authority or the officer in charge of a police station shall, if so required by a person who alleges that he is entitled to claim compensation in respect of an accident arising out of the use of a motor vehicle, or if so required by an insurer against whom a claim has been made in respect of any motor vehicle, furnish to that person or to that insurer, as the case may be, on payment of the prescribed fee any information at the disposal of the said authority or the said authority or the said police officer relating to the identification marks and other particulars of the vehicle and the name and address of the person who was using the vehicle at the time of the accident or was injured by it and the property, if any damaged in such form and within such time as the central government may prescribe161 (1) for the purposes of this section, section 162 and section 163—| ( | a | ) "grievous hurt" shall have the same meaning as in the indian penal code; ||----------------------------------------------------------------------------------------------|-----|------------------------------------------------------------------------------|| 45 of 1860 | | || special | | || provisions as | | || t o | | || compensation | | || in case of hit | | || and run motor | | || accident | | || ( | b | ) "hit and run motor accident" means an accident arising out of the use of a || motor vehicle or motor vehicles the identity whereof cannot be ascertained in spite of | | || reasonable efforts for the purpose; | | || ( | c | ) "scheme" means the scheme framed under section 163 || 57 of 1972 | | || ( | 2 | ) notwithstanding anything contained in the general insurance business || (nationalisation) act, 1972 or any other law for the time being in force or any instrument | | || having the force of law, the general insurance corporation of india formed under section 9 | | || of the said act and the insurance companies for the time being carrying on general insurance | | || business in india shall provide for paying in accordance with the provisions of this act and | | || the scheme, compensation in respect of the death of, or grievous hurt to, persons resulting | | || from hit and run motor accidents | | |(3) subject to the provisions of this act and the scheme, there shall be paid as compensation—| ( | a | ) in respect of the death of any person resulting from a hit and run motor ||-------------------------------------------------------------------|-----|--------------------------------------------------------------------------------|| accident, a fixed sum of twenty-five thousand rupees; | | || ( | b | ) in respect of grievous hurt to any person resulting from a hit and run motor || accident, a fixed sum of twelve thousand and five hundred rupees | | |(4) the provisions of sub-section (1) of section 166 shall apply for the purpose of making applications for compensation under this section as they apply for the purpose of making applications for compensation referred to in that sub-sectionrefund in certain cases of compensation paid under section 161162 (1) the payment of compensation in respect of the death of, or grievous hurt to, any person under section 161 shall be subject to the condition that if any compensation (hereafter in this sub-section referred to as the other compensation) or other amount in lieu of or by way of satisfaction of a claim for compensation is awarded or paid in respect of such death or grievous hurt under any other provision of this act or any other law or otherwise so much of the other compensation or other amount aforesaid as is equal to the compensation paid under section 161 shall be refunded to the insurer(2) before awarding compensation in respect of an accident involving the death of, or bodily injury to, any person arising out of the use of a motor vehicle or motor vehicles under any provision of this act (other than section 161) or any other law, the tribunal, court or other authority awarding such compensation shall verify as to whether in respect of such death or bodily injury compensation has already been paid under section 161 or an application for payment of compensation is pending under that section, and such tribunal, court or other authority shall,—(a) if compensation has already been paid under section 161, direct the person liable to pay the compensation awarded by it to refund to the insurer, so much thereof as is required to be refunded in accordance with the provisions of sub-section (1);(b) if an application for payment of compensation is pending under section 161forward the particulars as to the compensation awarded by it to the insurerexplanation—for the purposes of this sub-section, an application for compensation under section 161 shall be deemed to be pending—(i) if such application has been rejected, till the date of the rejection of the application, and(ii) in any other case, till the date of payment of compensation in pursuance of the applicationscheme for payment of compensation in case of hit and run motor accidents163 (1) the central government may, by notification in the official gazette, make a scheme specifying, the manner in which the scheme shall be administered by the general insurance corporation, the form, manner and the time within which applications for compensation may be made, the officers or authorities to whom such applications may be made, the procedure to be followed by such officers or authorities for considering and passing orders on such applications, and all other matters connected with, or incidental to, the administration of the scheme and the payment of compensation(2) a scheme made under sub-section (1) may provide that—(a) a contravention of any provision thereof shall be punishable with imprisonment for such term as may be specified but in no case exceeding three months, or with fine which may extend to such amount as may be specified but in no case exceeding five hundred rupees or with both;(b) the powers, functions or duties conferred or imposed on any officer or authority by such scheme may be delegated with the prior approval in writing of the central government, by such officer or authority to any other officer or authority;4 of 1939(c) any provision of such scheme may operate with retrospective effect from a date not earlier than the date of establishment of the solatium fund under the motor vehicles act, 1939, as it stood immediately before the commencement of this act:provided that no such retrospective effect shall be given so as to prejudicially affect the interests of any person who may be governed by such provisionspecial provisions as to payment of compensation on structured formula basis163a (1) notwithstanding anything contained in this act or in any other law for the time being in force or instrument having the force of law, the owner of the motor vehicle of the authorised insurer shall be liable to pay in the case of death or permanent disablement due to accident arising out of the use of motor vehicle, compensation, as indicated in the second schedule, to the legal heirs or the victim, as the case may be8 of 1923explanation—for the purposes of this sub-section, "permanent disability" shall have the same meaning and extent as in the workmen's compensation act, 1923(2) in any claim for compensation under sub-section (1), the claimant shall not be required to plead or establish that the death or permanent disablement in respect of which the claim has been made was due to any wrongful act or neglect or default of the owner of the vehicle or vehicles concerned or of any other person(3) the central government may, keeping in view the cost of living by notification in the official gazette, from time to time amend the second schedule163b where a person is entitled to claim compensation under section 140 and section163a, he shall file the claim under either of the said sections and not under bothoption to file claim in certain cases164 (1) the central government may make rules for the purpose of carrying into effect the provisions of this chapter, other than the matters specified in section 159power of central government to make rules(2) without prejudice to the generality of the foregoing power, such rules may provide for—(a) the forms to be used for the purposes of this chapter; (b) the making of applications for and the issue of certificates of insurance; (c) the issue of duplicates to replace certificates of insurance lost, destroyed or mutilated;(d) the custody, production, cancellation and surrender of certificates of insurance;(e) the records to be maintained by insurers of policies of insurance issued under this chapter;(f) the identification by certificates or otherwise of persons or vehicles exempted from the provisions of this chapter;(g) the furnishing of information respecting policies of insurance by insurers; (h) adopting the provisions of this chapter to vehicles brought into india by persons making only a temporary stay therein or to vehicles registered in a reciprocating country and operating on any route or within any area in india by applying those provisions with prescribed modifications;(i) the form in which and the time limit within which the particulars referred to in section 160 may be furnished; and(j) any other matter which is to be, or may be, prescribed chapter xii claims tribunalsclaims tribunals165 (1) a state government may, by notification in the official gazette, constitute one or more motor accidents claims tribunals (hereafter in this chapter referred to as claims tribunal) for such area as may be specified in the notification for the purpose of adjudicating upon claims for compensation in respect of accidents involving the death of, or bodily injury to, persons arising out of the use of motor vehicles, or damages to any property of a third party so arising, or bothexplanation—for the removal of doubts, it is hereby declared that the expression"claims for compensation in respect of accidents involving the death of or bodily injury to persons arising out of the use of motor vehicles" includes claims for compensation under section 140 and section 163a [10] m c166 (1) an application for compensation arising out of an accident of the nature specified in sub-section (1) of section 165 may be made—application for compensation(a) by the person who has sustained the injury; or (b) by the owner of the property; or (c) where death has resulted from the accident, by all or any of the legal representatives of the deceased; or(d) by any agent duly authorised by the person injured or all or any of the legal representatives of the deceased, as the case may be: provided that where all the legal representatives of the deceased have not joined in any such application for compensation, the application shall be made on behalf of or for the benefit of all the legal representatives of the deceased and the legal representatives who have not so joined, shall be impleaded as respondents to the application(2) every application under sub-section (1) shall be made, at the option of the claimant, either to the claims tribunal having jurisdiction over the area in which the accident occurred or to the claims tribunal within the local limits of whose jurisdiction the claimant resides or carries on business or within the local limits of whose jurisdiction the defendant resides, and shall be in such form and contain such particulars as may be prescribed:provided that where no claim for compensation under section 140 is made in such application, the application shall contain a separate statement to that effect immediately before the signature of the applicant (4) the claims tribunal shall treat any report of accidents forwarded to it under sub-section (6) of section 158 as an application for compensation under this act award of the claims tribunal168 (1) on receipt of an application for compensation made under section 166, the claims tribunal shall, after giving notice of the application to the insurer and after giving the parties (including the insurer) an opportunity of being heard, hold an inquiry into the claim or, as the case may be, each of the claims and, subject to the provisions of section 162 may make an award determining the amount of compensation which appears to it to be just and specifying the person or persons to whom compensation shall be paid and in making the award the claims tribunal shall specify the amount which shall be paid by the insurer or owner or driver of the vehicle involved in the accident or by all or any of them, as the case may be:provided that where such application makes a claim for compensation under section140 in respect of the death or permanent disablement of any person, such claim and any other claim (whether made in such application or otherwise) for compensation in respect of such death or permanent disablement shall be disposed of in accordance with the provisions of chapter x 170 where in the course of any inquiry, the claims tribunal is satisfied that—impleading insurer in certain cases(a) there is collusion between the person making the claim and the person against whom the claim is made, or(b) the person against whom the claim is made has failed to contest the claim, it may, for reasons to be recorded in writing, direct that the insurer who may be liable in respect of such claim, shall be impleaded as a party to the proceeding and the insurer so impleaded shall thereupon have, without prejudice to the provisions contained in sub-section (2) of section 149, the right to contest the claim on all or any of the grounds that are available to the person against whom the claim has been made 173 (1) appeals(2) no appeal shall lie against any award of a claims tribunal if the amount in dispute in the appeal is less than ten thousand rupees chapter xiii offences, penalties and proceduregeneral provision for punishment of offences177 whoever contravenes any provision of this act or of any rule, regulation or notification made thereunder shall, if no penalty is provided for the offence be punishable for the first offence with fine which may extend to one hundred rupees, and for any second or subsequent offence with fine which may extend to three hundred rupees178 (1) (3) if the holder of a permit or the driver of a contract carriage refuses, in contravention of the provisions of this act or rules made thereunder, to ply the contract carriage or to carry the passengers, he shall,—(a) in the case of two-wheeled or three-wheeled motor vehicles, be punishable with fine which may extend to fifty rupees; and penalty for travelling without pass or ticket and for dereliction of duty on the part of conductor and refusal to ply contract carriage, etc(b) in any other case, be punishable with fine which may extend to two hundred rupeesdisobedience of orders, obstruction and refusal of information179 (1) whoever wilfully disobeys any direction lawfully given by any person or authority empowered under this act to give such direction, or obstructs any person or authority in the discharge of any functions which such person or authority is required or empowered under this act to discharge, shall, if no other penalty is provided for the offence be punishable with fine which may extend to five hundred rupees(2) whoever, being required by or under this act to supply any information, wilfully withholds such information or gives information which he knows to be false or which he does not believe to be true, shall, if no other penalty is provided for the offence, be punishable with imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with bothallowing unauthorised persons to drive vehicles180 whenever, being the owner or person in charge of a motor vehicle, causes, or permits, any other person who does not satisfy the provisions of section 3 or section 4 to drive the vehicle shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to one thousand rupees, or with both181 whoever, drives a motor vehicle in contravention of section 3 or section 4 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 bothdriving vehicles in contravention of section 3 or section 4 offences relating to licences182 (1) whoever, being disqualified under this act for holding or obtaining a driving licence drives a motor vehicle in a public place or in any other place, or applies for or obtains a driving licence or, not being entitled to have a driving licence issued to him free of endorsement, applies for or obtains a driving licence without disclosing the endorsement made on a driving licence previously held by him 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, and any driving incence so obtained by him shall be of no effect(2) whoever, being disqualified under this act for holding or obtaining a conductor's licence, acts as a conductor of a stage carriage in a public place or applies for or obtains a conductor's licence or, not being entitled to have a conductor's licence issued to him free of endorsement, applies for or obtains a conductor's licence without disclosing the endorsements made on a conductor's licence previously held by him, shall be punishable with improsonment for a term which may extend to one month, or with fine which may extend to one hundred rupees, or with both, and any conductor's licence so obtained by him shall be of no effect182a any person who contravenes the provisions of sub-section (3) of section 109, shall be punishable with a fine of five thousand rupees for any subsequent offencepunishment for offences relating to construction and maintenance of vehicles driving at excessive speed, etc183 (1) whoever, drives a motor vehicle in contravention of the speed limits referred to in section 112 shall be punishable with fine which may extend to four hundred rupees, or, if having been previously convicted of an offence under this sub-section is again convicted of an offence under this sub- section, with fine which may extend to one thousand rupees(2) whoever, causes any person who is employed by him or is subject to his control in driving to drive a motor vehicle in contravention of the speed limits referred to in section 112 shall be punishable with fine which may extend to three hundred rupees, or, if having been previously convicted of an offence under this sub-section, is again convicted of an offence under this sub-section, with fine which may extend to five hundred rupees(3) no person shall be convicted of an offence punishable under sub-section (1)solely on the evidence of one witness to the effect that in the opinion of the witness such person was driving at a speed which was unlawful, unless that opinion is shown to be based on an estimate obtained by the use of some mechanical device(4) the publication of a time table under which, or the giving of any direction that, any journey or part of a journey is to be completed within a specified time shall, if in the opinion of the court it is not practicable in the circumstances of the case for that journey or part of a journey to be completed in the specified time without contravening the speed limits referred to in section 112 be prima facie evidence that the person who published the time table or gave the direction has committed an offence punishable under sub- section (2)driving dangerously184 whoever, drives a motor vehicle at a speed or in a manner which is dangerous tothe public, having regard to all the circumstances of case including the nature, condition and use of the place where the vehicle is driven and the amount of traffic which actually is at the time or which might reasonably be expected to be in the place, shall be punishable for the first offence with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, and for any second or subsequent offence if committed within three years of the commission of a previous similar offence with imprisonment for a term which may extend to two years, or with fine which may extend to two thousand rupees, or with both185 whoever, while driving, or attempting to drive, a motor vehicle,—(a) has, in his blood, alcohol exceeding 30 mg per 100 ml of blood detected in a test by a breath analyser, ordriving by a drunken person or by a person under the influence of drugs(b) is under the influence of a drug to such an extent as to be incapable of exercising proper control over the vehicle, shall be punishable for the first offence with imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both; and for a second or subsequent offence, if committed within three years of the commission of the previous similar offence, with imprisonment for term which may extend to two years, or with fine which may extend to three thousand rupees, or with both explanation—for the purposes of this section, the drug or drugs specified by the central government in this behalf, by notification in the official gazette, shall be deemed to render a person incapable of exercising proper control over a motor vehicledriving when mentally or physically unfit to drive186 whoever drives a motor vehicle in any public place when he is to his knowledgesuffering from any disease or disability calculated to cause his driving of the vehicle to be a source of danger to the public, shall be punishable for the first offence with fine which may extend to two hundred rupees and for a second or subsequent offence with fine which may extend to five hundred rupeespunishment for offences relating to accident187 whoever fails to comply with the provisions of clause (c) of sub-section (1) ofsection 132 or section 133 or section 134 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 or, if having been previously convicted of an offence under this section, he is again convicted of an offence under this section, with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with bothracing and trails of speed189 whoever without the written consent of the state government permits or takespart in a race or trial of speed of any kind between motor vehicles in any public place shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with bothusing vehicle in unsafe condition190 (1) any person who drives or causes or allows to be driven in any public placea motor vehicle or trailer while the vehicle or trailer has any defect, which such person knows of or could have discovered by the exercise of ordinary care and which is calculated to render the driving of the vehicle a source of danger to persons and vehicles using such place, shall be punishable with fine which may extend to two hundred and fifty rupees or, if as a result of such defect an accident is caused causing bodily injury or damage to property, with imprisonment for a term which may extend to three months or with fine which may extend to one thousand rupees, or with both(2) any person who drives or causes or allows to be driven, in any public place a motor vehicle, which violates the standards prescribed in relation to road safety, control of noise and air- pollution, shall be punishable for the first offence with a fine of one thousand rupees and for any second or subsequent offence with a fine of two thousand rupees(3) any person who drives or causes or allows to be driven, in any public place a motor vehicle which violates the provisions of this act or the rules made thereunder relating to the carriage of goods which are of dangerous or hazardous nature to human life, shall be punishable for the first offence which may extend to three thousand rupees, or with imprisonment for a term which may extend to one year, or with both, and for any second or subsequent offence with fine which may extend to five thousand rupees, or with imprisonment for a term which may extend to three years, or with bothsale of vehicle in or alteration of vehicle to condition contravening this act191 whoever being an importer of or dealer in motor vehicles, sells or delivers or offers to sell or deliver a motor vehicle or traller in such condition that the use thereof in a public place would be in contravention of chapter vii or any rule made thereunder or alters the motor vehicle or trailer so as to render its condition such that its use in a public place would be in contravention of chapter vii or any rule made thereunder shall be punishable with fine which may extend to five hundred rupees:provided that no person shall be convicted under this section if he proves that he had reasonable cause to believe that the vehicle would not be used in a public place until it had been put into a condition in which it might lawfully be so used [10] m cusing vehicle without permit192a (1) whoever drives a motor vehicle or causes or allows a motor vehicle to be used in contravention of the provisions of sub-section (1) of section 66 or in contravention of any condition of a permit relating to the route on which or the area in which or the purpose for which the vehicle may be used, shall be punishable for the first offence with a fine which may extend to five thousand rupees but shall not be less than two thousand rupees and for any subsequent offence with imprisonment which may extend to one year but shall not be less than three months or with fine which may extend to ten thousand rupees but shall not be less than five thousand rupees or with both:provided that the court may for reasons to be recorded, impose a lesser punishment punishment of agents and canvassers without proper authority193 whoever engages himself as an agent or canvasser in contravention of the provisions of section 93 or of any rules made thereunder shall be punishable for the first offence with fine which may extend to one thousand rupees and for any second or subsequent offence with imprisonment which may extend to six months, or with fine which may extend to two thousand rupees, or with bothdriving vehicle exceeding permissible weight194 (1) whoever drives a motor vehicle or causes or allows a motor vehicle to be driven in contravention of the provisions of section 113 or section 114 or section 115 shall be punishable with minimum fine of two thousand rupees and an additional amount of one thousand rupees per tonne of excess load, together with the liability to pay charges for offloading of the excess load(2) any driver of a vehicle who refuses to stop and submit his vehicle to weighing after being directed to do so by an officer authorised in this behalf under section 114 or removes or causes the removal of the load or part of it prior to weighing shall be punishable with fine which may extend to three thousand rupeesimposition of minimum fine under certain circumstances195 (1) whoever having been convicted of an offence under this act or the rules made thereunder commits a similar offence on a second or subsequent occasion within three years of the commission of the previous offence, no court shall, except for reasons to be recorded by it in writing, impose on him a fine of less than one-fourth of the maximum amount of the fine impossible for such offence(2) nothing in sub-section (1) shall be construed as restricting the power of the court from awarding such imprisonment as it considers necessary in the circumstances of the case not exceeding the maximum specified in this act in respect of that offencedriving uninsured vehicle196 whoever drives a motor vehicle or causes or allows a motor vehicle to be drivenin contravention of the provisions of section 146 shall be punishable with imprisonment which may extend to three months, or with fine which may extend to one thousand rupees, or with bothtaking vehicle without authority197 (1) whoever takes and drives away any motor vehicle without having either theconsent of the owner thereof or other lawful authority shall be punishable with imprisonment which may extend to three months or with fine which may extend to five hundred rupees, or with bothprovided that no person shall be convicted under this section if the court is satisfied that such person acted in the reasonable belief that he had lawful authority or in the reasonable belief that the owner would in the circumstances of the case have given his consent if he had been asked therefor(2) whoever, unlawfully by force or threat of force or by any other form of intimidation, seizes or exercises control of a motor vehicle, shall be punishable with imprisonment which may extend to three months, or with fine which may extend to five hundred rupees, or with both| | | | | ||-----------------------------------------------------------------------------------------------|-----------------------------------------------------------------------------|--------------------------------------------------------------------------------|--------------------------------------------------------------------------|----------------------------------------------------------|| unauthorised | | | | || interference | | | | || with vehicle | | | | || 198 | whoever otherwise than with lawful authority or reasonable excuse enters or | | | || mounts any stationary motor vehicle or tampers with the brake or any part of the mechanism | | | | || of a motor vehicle shall be punishable with fine which may extend to one hundred rupees | | | | || | | | | || composition | | | | || of certain | | | | || offences | | | | || 200 | ( | 1 | ) any offence whether committed before or after the commencement of this | || act punishable under section 177, section 178, section 179, section 180, section 181, section | | | | || 182, sub-section ( | 1 | ) or sub-section ( | 2 | ) of section 183, section 184, section 186, section 189, || sub-section ( | 2 | ) of section190; section 191, section 192, section 194, section 196 or section | | || 198 may either before or after the institution of the prosecution, be compounded by such | | | | || officers or authorities and for such amount as the state government may, by notification in | | | | || the official gazette, specify in this behalf | | | | |(2) where an offence has been compounded under sub-section (1), the offender, if in custody, shall be discharged and no further proceedings shall be taken against him in respect of such offence201 (1) whoever keeps a disabled vehicle on any public place, in such a manner, so as to cause impediment to the free flow of traffic, shall be liable for penalty up to fifty rupees per hour, so long as it remains in that position:penalty for causing obstruction to free flow of trafficprovided that the vehicle involved in accidents shall be liable for penalty only from the time of completion of inspection formalities under the lawprovided further that where the vehicle is removed by a government agency, towing charges shall be recovered from the vehicle owner or person in-charge of such vehicle(2) penalties or towing charges under this section shall be recovered by such officer or authority as the state government may, by notification in the official gazette, authorise [10] m c212 (1) (4) every rule made by the central government under this act, every scheme made by the central government under sub-section (1) of section 75 and sub-section (1) of section publication, commencement and laying of rules and notifications163 and every notification issued by the central government under sub-section (4) of section 41, sub-section (1) of section 58, sub-section (1) of section 59, the proviso to sub-section (1) of section 112, sub-section (4) of section 163a and sub-section (4) of section 213 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, scheme or notification or both houses agree that the rule or scheme should not be made or the notification should not be issued, the rule, scheme or notification 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, scheme or notification the second schedule (see section 163a) schedule for compensation for third part fatal accident/injury cases claims1 fatal accidents:annual incomersrsrsrsrsrsrsrsrsrsrsrsrs3000420054006600780090001020011400 1200018000240003600040000age of victim multiplier rupees in thousandscompensation in case of deathrsrsrsrsrsrsrsrsrsrsrsrsrsup to 15 yrs156084108132156180204228240360480720800above 15 yrs but not exdg 20 yrs1657798102 1254 1482171 1938 2166228342456684760above 20 yrs but not exdg 25 yrs1754756972 1188 1404162 1836 2052216324432648720above 25 yrs but not exdg 30 yrs1851714918 1122 1326153 1734 1938204306408612680above 30 yrs but not exdg 35 yrs1750672864 1056 1248144 1632 1924192288384576640above 35 yrs but not exdg 40 yrs1650638199117135153171180270360540600above 40 yrs but not exdg 45 yrs1550588756924 1092126 1428 1596168252336504560above 45 yrs but not exdg 50 yrs1350504648792936108 1224 1368144216286432480above 50 yrs but not exdg 55 yrs11505054667890102114120180240360400above 55 yrs but not exdg 60 yrs85050505286247281691296114192286320above 60 yrs but not exdg 65 yrs550505050505461268472108144216240above 65 yrs550505050505051576090120180200note: the amount of compensation so arrived at the case of fatal accident claims shall be reduced by 1/3rd in consideration of the expenses which the victim would have incurred towards maintaining himself had he been alive 2 amount of compensation shall not be less than rs 50,000 3 general damages (in case of death):the following general damages shall be payable in addition to compensations outlined above:| ( | i | ) funeral expenses | - | rs 2,000/- ||------|--------------------------------------------------|----------------------------------------------------|-----|---------------|| ( | ii | ) loss of consortium, if beneficiary is the spouse | - | rs 5,000/- || ( | iii | ) loss of estate | - | rs 2,500/- || ( | iv | ) medical expenses—actual expenses incurred | - | rs 15,000/- || (iv) | before death supported by bills/vouchers but not | | | || (iv) | exceeding | | | |4 general damages in case of injuries and disabilities:(i) pain and sufferings| ( | a | ) grievous injuries | - | rs 5,000/- ||-----|-----|-----------------------|-----|---------------|(b) non-grievous injuries—rs 1,000/-(ii) medical expenses—actual expenses incurred (ii) supported by bills/vouchers but not exceeding—rs 15,000/-(ii) as one time payment5 disability in non-fatal accidents: the following compensation shall be payable in case of disability to the victim arising out of non-fatal accidents;loss of income, if any, for actual period of disablement not exceeding fifty-two weeks plus either of the following— (a) in case of permanent total disablement the amount payable shall be arrived at by multiplying the annual loss of income by the multiplier applicable to the age on the date of determining the compensation, or(b) in case of permanent partial disablement such percentage of compensation which would have been payable in the case of permanent total disablement as specified under item (a) aboveinjuries deemed to result in permanent total disablement/permanent partial disablement and percentage of loss of earning capacity shall be as per schedule i under workmen's compensation act, 19236 notional income for compensation to those who had no income prior to accident:— fatal and disability in non-fatal accidents:—(a) non-earning persons- rs 15,000 pa(b) spouse- rs 1/3rd of income of theearning/surviving spousein case of the other injuries only "general damage" as applicable lok sabha———— a bill further to amend the motor vehicles act, 1988————(shri nitin gadkari, minister of road transport and highways)mgipmrnd—1329ls(s3)—08072019 the motor vehicles (amendment) bill, 2019 [to be/as introduced in lok sabha]1 page 11, line 6,- for " "under proviso to" read " "under the proviso to" 2 page 11, line 25,- for "with state governments" read "with the state governments" 3 page 17, line 3,- for "inserted; and" read "inserted" 4 page 19, line 16,- for "indian penal code, 1860;" read "indian penal code;" 5 page 23, line 26,- for "means, respectively" read "mean, respectively" 6 page 23, in the marginal heading against proposed new section 151,- for "third parties" read "third party" 7 page 23, line 32,- for "third parties," read "third party," 8 page 30, line 29,- for "or multilated;" read "or mutilated; " 9 page 32, line 14,- for "the word and figure" read "the word and figures" 10 page 32, line 23,- for "words and figures" read "word and figures" 11 page 32, line 24,- for "words and figures" read "word and figures" 12 page 33, line 36,- for "of the section" read "of section" 13 page 34, line 17,- for "for the words," read "for the word," 14 page 34, line 18,- for "words, brackets" read "word, brackets" 15 page 36, line 5,- for "substituted; and " read "substituted;" 16 page 38, line 4,- for "authority authorized" read "authority authorised" 17 page 38, line 12,- for "is authorized in" read "is authorised in" 18 page 39, in the marginal heading against clause 84,- for "failure to comply with standards for road design, construction and maintenance" read "insertion of new section 198a " 19 page 39, insert marginal heading against proposed new section 198a,- "failure to comply with standards for road design, construction and maintenance" 20 page 41, in the marginal heading against proposed new section 199b,- for "revision of times" read "revision of fines" 21 page 42, line 3 ,- for "person authorized" read "person authorised" 22 page 42, in the marginal heading against clause 89,- for "insertion of new section" read "insertion of new sections" 23 page 42, in the marginal heading against proposed new section 210a,- for "power of the" read "power of" 24 page 44, line 10 ,- for "sensitizing drivers" read "sensitising drivers" 25 omit pages 45 and 46 new delhi; july 11, 2019______ ashadha 20, 1941 (saka) | Parliament_bills | 365e9220-0178-5d38-b122-fda86837c196 |
bill no 82 of 2009 the eradication of unemployment bill, 2009 byshri jp agarwal, mp a billto provide a scheme for eradication of unemployment from the countrybe it enacted by parliament in the sixtieth year of the republic of india as follows:—1 (1) this act may be called the eradication of unemployment act, 2009short title and extent(2) it extends to the whole of indiadefinitions2 in this act,—5(a) "government" means the central government; and (b) "prescribed" means prescribed by rules made under this actemployment to citizens3 the government shall endeavour to provide every citizen, who has attained the ageof eighteen years and who is registered with employment exchange, with employment suitable to his age, qualification, skill and potential5grant of unemployment allowance4 till such time as employment is provided to a citizen under section 3, he shall beentitled to unemployment allowance at such rate commensurate with his qualifications and skills, as may be prescribedunemployment insurance scheme5 an unemployment insurance scheme, with such features, as may be prescribed,shall be framed by the government so as to provide for a special fund for the grant of unemployment allowance under this act10contribution to unemployment insurancescheme6 a citizen who has registered himself with the employment exchange shall be eligibleto receive benefit of unemployment allowance under this act subject to his furnishing an agreement to contribute to the unemployment insurance scheme for a prescribed period immediately after securing employment at such rate, as may be prescribedpower to make rules157 (1) the central government may, by notification in official gazzette, make rules forcarrying out the provisions of this act20(2) every rule made under this section shall by 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 problem of unemployment has assumed menacing proportions in our countryeven the educated citizens are living in indigent state their energy is not being utilized for nation building due to desperation and abject poverty, they are choosing the path of violence and crime lack of employment opportunities in the country is also leading to braindrain and exodus of a large number of skilled and unskilled persons abroad it is time that concerted efforts are made by the government to assure employment to the citizens of the country and to provide unemployment allowance to those who have not been able to secure employment it is also necessary to start an unemployment insurance scheme for the purpose, so that the scheme may serve to finance the funds to provide relief to unemployed peoplehence this billnew delhi;jp agarwaljuly 20, 2009 financial memorandumclause 3 of the bill provides that the government shall endeavour to provide employment to all eligible citizens who have attained the age of eighteen years or above clause 4 provides for unemployment allowance to all such unemployed citizens clause 5 provides for unemployment insurance scheme to be started by the central governmentthe bill, therefore, if enacted, will involve expenditure from the consolidated fund of india it is likely to involve a recurring expenditure of about rupees one hundred fifty crore per annum from the consolidated fund of indiano non-recurring expenditure is likely to be involved memorandum regarding delegated legislationclause 7 of the bill empowers the government to make rules for carrying out the provisions of the bill the matters in respect of which such rules may be made would relate to matters of procedure and administrative details and it is not practicable to provide for them in the bill itselfthe delegation of legislative power is of a normal character lok sabha———— a billto provide a scheme for eradication of unemployment from the country————(shri jp agarwal, mp) | Parliament_bills | 87bb2aa7-5c79-5f72-8a93-317ac8be1e9e |
bill no 104 of 2011 the handloom weavers (welfare) bill, 2011 byshri pl punia, mp a billto provide for protection and welfare measures for handloom weavers and workers and for matters connected therewithbe it enacted by parliament in the sixty-second year of the republic of india as follows:—1 (1) this act may be called the handloom weavers (protection and welfare) act,2011short title, extent and commencement5(2) it extends to the whole of india (3) it shall come into force at oncedefinitions2 in this act, unless the context otherwise requires,—(a) "appropriate government" means in the case of a state, the government of that state and in all other cases, the central government;(b) "authority" means the national handloom weavers welfare authority set up under section 3;(c) "fund" means the handloom weavers welfare fund established under section 5;(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;63 of 19485(e) "prescribed" means prescribed by rules made under this act;10(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; and(g) "worker" means a handloom worker engaged by a weaver and who earns wages on daily or any other basis by working on handloom153 (1) the central government shall, as soon as may be, by notification in the official gazette, set up an authority to be known as the national handloom weavers welfare authority for the purposes of this act(2) the authority shall consist of the following members who shall be appointed by the central government, namely:—central government to set up national handloom weavers welfare authority(a) a chairperson having adequate knowledge and professional experience inhandloom sector;(b) a deputy chairperson with such qualification, as may be prescribed;20(c) five members of parliament, of whom three shall be from lok sabha and two shall be from rajya sabha, to be nominated by the presiding officers of the respective houses;(d) three members to represent handloom cooperatives; (e) three members to represent the handloom weavers;25(f) four members to represent the union ministries of finance, planning, labourand employment and textiles; and(g) four members to be nominated by the government of the states to be rotated amongst them in alphabetical order30(3) 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 sued35(4) 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(5) the salary and allowances payable to, and other terms and conditions of the service of the chairman and members of the authority shall be such as may be prescribed(6) the headquarter of the authority shall be at new delhi40(7) the authority may establish its offices at such other places, as it may deem necessary for carrying out the purposes of this act(8) the authority shall have a secretariat with such officers and members of staff and with such terms and conditions of services as may be prescribedfunctions of the authority4 (1) the authority shall take steps in coordination with the state governments for the overall welfare of weavers including, removal of poverty and indebtedness, raising the standard of living, modernizing the looms and making easy availability of raw materials at affordable prices and marketing of handloom cloth(2) without prejudice to the generality of the foregoing provision, the authority shall,—(a) formulate and implement welfare policy for the handloom weavers and workers;5(b) maintain a district-wise register of handlooms, handloom weavers andworkers with such particulars and in such manner as may be prescribed;(c) regulate the service conditions of workers in such manner as may beprescribed;10(d) fix minimum wages for handloom workers from time to time; (e) ensure modernization of old handlooms; (f) encourage and provide all necessary assistance to handloom weaverscooperatives;15(g) organise exhibitions, melas and such other activities to promote handloomsector in different parts of the country;(h) make suitable arrangements for purchase of handloom cloth by governmentagencies on cash and carry basis;(i) encourage export of handloom cloth and handloom garments; and20(j) perform such other functions as may be assigned to it by the centralgovernment from time to time5 (1) the central government shall, by notification in the official gazette, establish a fund to be called the handloom weavers welfare fundestablishment of handloom weavers welfare fund(2) the central government and the state governments shall contribute to the fund in such ratio as may be prescribed25(3) 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 or body corporate, financial institutions, firms or partnership(4) the fund shall be utilized for the following purposes:—(a) providing interest free consumption loans to handloom weavers and workers;30(b) making ex-gratia payments at prescribed rates to each of the bereavedfamilies of handloom weavers who die in harness;(c) providing loans at nominal rate of interest for purchasing cotton yarn andother necessary raw materials to the handloom weavers;(d) providing insurance cover to all handlooms, handloom weavers and workers;35(e) providing healthcare facilities to the handloom weavers and workers andtheir dependent family members;(f) providing educational facilities and vocational training to the wards of weaversand workers; and40(g) such other welfare measures as may be prescribed by the central governmentfrom time to time6 (1) it shall be the duty of the central government to ensure regular supply of yarn to the handloom weavers at affordable and subsidized ratescentral government to ensure regular supply of yarn(2) it shall be compulsory for all ministries, departments, subordinate offices under the appropriate government and public sector enterprises to purchase their entire cloth requirements exclusively from the primary handloom weavers5(3) the appropriate government shall take steps to minimize the export of cotton and cotton yarn7 the central government shall, after due appropriation made by parliament by law in this behalf, pay to the authority such sums as it may consider necessary for the efficient functioning of the authoritycentral government to provide funds annual report108 (1) the authority shall prepare, in such form and manner, as may be prescribed, anannual report giving a true and full account of its activities during the previous year and submit it to the central government(2) the central government shall cause to be laid before each house of the parliament the report submitted to it under sub-section (1)15power to remove difficulties9 (1) if any difficulty arises in giving effect to the provisions of this act, the central government may, by order published in the official gazette, make such provisions, not inconsistent with the provisions of this act, as appear to it to be necessary or expedient for removing the difficulty:provided that no such order shall be made after the expiry of the period of two years from the date of the commencement to this act20(2) every order made under this section shall, as soon as may be, after it is made, be laid before each house of the 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 act25act not in derogation of any other law for time being in force power to make rules11 (1) the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act30(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 lakhs of handloom units in which millions of weavers and workers weave cloth to earn their livelihood across the country these handlooms units are mainly located in the states of andhra pradesh, tamil nadu, uttar pradesh, bihar, madhya pradesh and maharashtra in fact, handloom units are located in every part of our country for most of the weavers, it is their family profession which passes on from one generation to the next generation for these weavers and workers, handloom is the only source of their livelihood handloom cloth is very popular not only in the country but also abroadbut unfortunately, handloom sector is not doing very well and it is on the verge of collapse and extinction the foremost reason for this is non-availability of cotton yarn at affordable prices 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 which is resulting in scarcity of yarn in the country other reasons are high cost of handloom cloth compared to synthetic and other cloth, non-purchase of handloom products by the government and its organizations, and non-availability of loans at low interest rate from banks and other financial institutions to handloom weavers for purchasing of raw material and other necessary items handloom 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 overpowered and eclipsed the interests of handloom sector in a way, it is likely that the handloom sector may vanish in near future, if no concrete or remedial measures is taken to save this sectorthe most disturbing and sad part is that most of the handloom weavers are in debtthey are committing suicides because of their indebtedness and poverty thousands of debt trapped and helpless weavers have already committed suicide in different parts of the country reports of starvation deaths of handloom weavers have also come to light, which is a blot on our society as such remedial measures have to be taken urgently so that handloom weavers and handloom sector could be saved from extinction it has, therefore, been proposed to set up of a national handloom weavers authority to take steps for welfare and overall development of weavers and workers engaged in handloom sector and for promotion of handloom sector in the countryhence this billnew delhi;pl punianovember 9, 2011 financial memorandumclause 3 of the bill seeks to constitute the national handloom weavers welfare authority clause 4 provides for certain steps to be taken by the authority for welfare of handloom weavers and workers clause 5 provides for the establishment of handloom weavers welfare fund clause 6 provides that the central government shall ensure supply of yarn to handloom weavers at subsidized rates clause 7 provides that the central government shall provide funds to the authoritythe bill, if enacted, will involve expenditure from the consolidate fund of india it is estimated that a sum of rupees six thousand crore may involve as recurring expenditure per annuma non-recurring expenditure of rupees four hundred crore is also likely to be incurred memorandum regarding delegated legislationclause 11 of the bill empowers the central government to make rules for carrying out the purposes of the bill as the rules will relate to matters of detail only, the delegation of legislative power is of a normal character———— a billto provide for protection and welfare measures for handloom weavers and workers and for matters connected therewith————(shri pl punia, mp)gmgipmrnd—2653ls—(s3)—29112011 | Parliament_bills | 5b4bb2d8-1434-5dbc-bebc-c3944fa0306a |
the prohibition of employment as manual scavengers and their rehabilitation bill, 2012—————— arrangement of clauses—————— chapter i preliminary clauses1 short title, extent and commencement 2 definitions 3 act to have overriding effect chapter ii identification of insanitary latrines4 local authorities to survey insanitary latrines and provide sanitary community latrines chapter iii prohibition of insanitary latrines and employment and engagement as manual scavenger5 prohibition of insanitary latrines and employment and engagement of manual scavenger 6 contract, agreement, etc, to be void 7 prohibition of persons from engagement or employment for hazardous cleaning ofsewers and septic tanks8 penalty for contravention of section 5 or section 69 penalty for contravention of section 710 limitation of prosecution chapter iv identification of manual scavengers in urban and rural areas and their rehabilitation11 survey of manual scavengers in urban areas by municipalities 12 application by an urban manual scavenger for identification 13 rehabilitation of persons identified as manual scavenger by a municipality 14 survey of manual scavengers in rural areas by panchayats 15 application by a rural manual scavenger for identification 16 rehabilitation of persons identified as manual scavengers by a panchayat chapter v implementing authorities17 responsibility of local authorities to ensure elimination of insanitary latrines 18 authorities who may be specified for implementing the provisions of this act clauses19 duty of district magistrate and authorised officers 20 appointment of inspectors and their powers chapter vi procedure for trial21 offences to be tried by executive magistrate 22 offence to be cognizable and non-bailable 23 offences by companies chapter vii vigilance committees24 vigilance committees 25 functions of vigilance committee 26 state monitoring committee 27 functions of the state monitoring committee 28 duty of states or union territories to send periodic reports to the central government 29 central monitoring committee 30 functions of the central monitoring committee 31 functions of the national commission for safai karamcharis 32 power of state government to designate an appropriate authority to monitor theimplementation of this act chapter viii miscellaneous33 duty of local authorities and other agencies to use modern technology for cleaning ofsewers, etc34 protection of action taken in good faith 35 jurisdiction of civil courts barred 36 power of appropriate government to make rules 37 power of central government to make model rules 38 power to remove difficulties 39 power to exempt bill no 96 of 2012 the prohibition of employment as manual scavengers and their rehabilitation bill, 2012 a billto provide for the prohibition of employment as manual scavengers, rehabilitation of manual scavengers and their families, and for matters connected therewith or incidental theretowhereas promoting among the citizens fraternity assuring the dignity of the individual is enshrined as one of the goals in the preamble to the constitution;and whereas the right to live with dignity is also implicit in the fundamental rights guaranteed in part iii of the constitution;and whereas article 46 of the constitution, inter alia, provides that the state shall protect the weaker sections, and, particularly, the scheduled castes and the scheduled tribes from social injustice and all forms of exploitation;and whereas the dehumanising practice of manual scavenging, arising from the continuing existence of insanitary latrines and a highly iniquitous caste system, still persists in various parts of the country, and the existing laws have not proved adequate in eliminating the twin evils of insanitary latrines and manual scavenging;and whereas it is necessary to correct the historical injustice and indignity suffered by the manual scavengers, and to rehabilitate them to a life of dignitybe it enacted by parliament in the sixty-third year of the republic of india as follows:— chapter 1 preliminary51 (1) this act may be called the prohibition of employment as manual scavengers and their rehabilitation act, 2012short title, extent and commencement(2) it extends to the whole of india except the state of jammu and kashmir (3) it shall come into force on such date as the central government may, by notification in the official gazette, appoint:10provided that the date so notified shall not be earlier than sixty days after the date of publication of the notification in the official gazettedefinitions2 (1) in this act, unless the context otherwise requires,— (a) "agency" means any agency, other than a local authority, which may undertake sanitation facilities in an area and includes a contractor or a firm or a company which engages in development and maintenance of real estate;15(b) "appropriate government", in relation to cantonment boards, railway lands, and lands and buildings owned by the central government, a central public sector undertaking or an autonomous body wholly or substantially funded by the central government means, the central government and in all other cases, the state government;20(c) "chief executive officer", in relation to a municipality or panchayat, means, its senior-most executive officer, by whatever name called;25(d) "hazardous cleaning" by an employee, in relation to a sewer or septic tank, means its manual cleaning by such employee without the employer fulfilling his obligations to provide protective gear and other cleaning devices and ensuring observance of safety precautions, as may be prescribed or provided in any other law, for the time being in force or rules made thereunder;(e) "insanitary latrine" means a latrine which requires human excreta to be cleaned or otherwise handled manually, either in situ, or in an open drain or pit into which the excreta is discharged or flushed out, before the excreta fully decomposes:30 provided that a water flush latrine in a railway passenger coach, when cleaned by an employee with the help of such devices and using such protective gear, as the central government may notify in this behalf, shall not be deemed to be an insanitary latrine(f) "local authority" means,—35(i) a municipality or a panchayat, as defined in clause (e) and clause (f) of article 243p of the constitution, which is responsible for sanitation in its area of jurisdiction;(ii) a cantonment board constituted under section 10 of the cantonments act, 2006; and41 of 2006(iii) a railway authority;40(g) "manual scavenger" means a person engaged or employed, at the commencement of this act or at any time thereafter, by an individual or a local authority or an agency or a contractor, for manually cleaning, carrying, disposing of, or otherwise handling in any manner, human excreta in an insanitary latrine or in an open drain or pit into which the human excreta from the insanitary latrines is disposed of, or on a railway track or in such other spaces or premises, as the central or a state government may notify, before the excreta fully decomposes, and the expression "manual scavenging" shall be construed accordingly explanation— for the purpose of this clause,—5(a) "engaged or employed" means being engaged or employed on a regularor contract basis;(b) a person engaged or employed to clean excreta with the help of suchdevices and using such protective gear, as the central government may notify in this behalf, shall not be deemed to be a 'manual scavenger';1064 of 1993(h) "national commission for safai karmacharis" means the national commissionfor safai karamcharis constituted under section 3 of the national commission for safai karmacharis act, 1993 and continued by resolution of the government of india in the ministry of social justice and empowerment vide no17015/18/2003-scd-vi, dated24th february, 2004 and as amended from time to time;15(i) "notification" means a notification published in the official gazette and theexpression "notify" shall be construed accordingly;(j) "occupier" in relation to the premises where an insanitary latrine exists, or someone is employed as a manual scavenger means the person who, for the time being, is in occupation of such premises;20(k) "owner" in relation to the premises where an insanitary latrine exists orsomeone is employed as a manual scavenger, means, the person who, for the time being has legal title to such premises;(l) "prescribed" means prescribed by the rules made under this act;25(m) "railway authority" means an authority administering railway land, as maybe notified by the central government in this behalf;24 of 1989(n) "railway land" shall have the meaning assigned to it in clause (32a) of section 2 of the railways act, 1989;(o) "sanitary latrine" means a latrine which is not an 'insanitary latrine';30(p) "septic tank" means a water-tight settling tank or chamber, normally locatedunderground, which is used to receive and hold human excreta, allowing it to decompose through bacterial activity;(q) "sewer" means an underground conduit or pipe for carrying off human excreta,besides other waste matter and drainage wastes;35(r) "state government", in relation to a union territory, means the administrator thereof appointed under article 239 of the constitution;(s) "survey" means a survey of manual scavengers undertaken in pursuance of section 11 or section 1441 of 200640(2) words and expressions used and not defined in this act, but defined in the cantonments act, 2006, shall have the same meanings respectively assigned to them in that act(3) the reference to a municipality under chapters iv to viii of this act shall include a reference to, as the case may be, the cantonment board or the railway authority, in respect of areas included within the jurisdiction of the cantonment board and the railway land, respectivelyact to have overriding effect46 of 19933 the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in the employment of manual scavengers and construction of dry latrines (prohibition) act, 1993 or in any other law, or in any instrument having effect by virtue of any other law 5 chapter ii identification of insanitary latrines4 (1) every local authority shall, —10(a) carry out a survey of insanitary latrines existing within its jurisdiction, andpublish a list of such insanitary latrines, in such manner as may be prescribed, within a period of two months from the date of commencement of this act;local authorities to survey insanitary latrines and provide sanitarycommunitylatrines(b) give a notice to the occupier, within fifteen days from the date of publication of the list under clause (a), to either demolish the insanitary latrine or convert it into a sanitary latrine, within a period of six months from the date of commencement of this act:15provided that the local authority may for sufficient reasons to be recorded in writing extend the said period not exceeding three months;(c) construct, within a period not exceeding nine months from the date of commencement of this act, such number of sanitary community latrines as it considers necessary, in the areas where insanitary latrines have been found20(2) without prejudice to the provisions contained in sub-section (1), municipalities, cantonment boards and railway authorities shall also construct adequate number of sanitary community latrines, within such period not exceeding three years from the date of commencement of this act, as the appropriate government may, by notification, specify, so as to eliminate the practice of open defecation in their jurisdiction25 (3) it shall be the responsibility of local authorities to construct community sanitary latrines as specified in sub-sections (1) and (2), and also to make arrangements for their hygienic upkeep at all times chapter iii prohibition of insanitary latrines and employment and engagement as manual scavenger3046 of 19935 (1) notwithstanding anything inconsistent therewith contained in the employment of manual scavengers and construction of dry latrines (prohibition) act, 1993, no person, local authority or any agency shall, after the date of commencement of this act,—(a) construct an insanitary latrine; or35prohibition of insanitary latrines and employment and engagement of manual scavenger(b) engage or employ, either directly or indirectly, a manual scavenger, and every person so engaged or employed shall stand discharged immediately from any obligation, express or implied, to do manual scavenging (2) every insanitary latrine existing on the date of commencement of this act, shall either be demolished or be converted into a sanitary latrine, by the occupier at his own cost, before the expiry of the period so specified in clause (b) of sub-section (1) of section 4:40provided that where there are several occupiers in relation to an insanitary latrine, the liability to demolish or convert it shall lie with,—(a) the owner of the premises, in case one of the occupiers happens to be the owner, and(b) all the occupiers, jointly and severally, in all other cases:45provided further that the state government may give assistance for conversion of insanitary latrines into sanitary latrines to occupiers from such categories of persons and on such scale, as it may, by notification, specify:5provided also that non-receipt of state assistance shall not be a valid ground to maintain or use an insanitary latrine, beyond the said period of nine months10(3) if any occupier fails to demolish an insanitary latrine or convert it into a sanitary latrine within the period specified in sub-section (2), the local authority having jurisdiction over the area in which such insanitary latrine is situated, shall, after giving notice of not less than twenty one days to the occupier, either convert such latrine into a sanitary latrine, or demolish such insanitary latrine, and shall be entitled to recover the cost of such conversion or, as the case may be, of demolition, from such occupier in such manner as may be prescribedcontract'sagreement, etc, to be void156 (1) any contract, agreement or other instrument entered into or executed before the commencement of this act, engaging or employing a person for the purpose of manual scavenging shall, on the date of commencement of this act, be terminated and such contract, agreement or other instrument shall be void and inoperative and no compensation shall be payable therefor20(2) notwithstanding anything contained in sub-section (1), no person employed or engaged as a manual scavenger on a full-time basis shall be retrenched by his employer, but shall be retained, subject to his willingness, in employment on at least the same emoluments, and shall be assigned work other than manual scavenging7 no person, local authority or any agency shall, from such date as the state government may notify, which shall not be later than one year from the date of commencement of this act, engage or employ, either directly or indirectly, any person for hazardous cleaning of a sewer or a septic tankprohibition of persons from engagement or employment for hazardous cleaning ofsewers andseptic tanks25| penalty ||-----------------|| contravention || of section 5 or || section 6 |8 whoever contravenes the provisions of section 5 or section 6 shall for the first contravention be punishable with imprisonment for a term which may extend to one year or with fine which may extend to fifty thousand rupees or with both, and for any subsequent contravention with imprisonment which may extend to two years or with fine which may extend to one lakh rupees, or with both30penalty forcontravention of section 79 whoever contravenes the provisions of section 7 shall for the first contravention bepunishable with imprisonment for a term which may extend to two years or with fine which may extend to two lakh rupees or with both, and for any subsequent contravention with imprisonment which may extend to five years or with fine which may extend to five lakh rupees, or with both35limitation of prosecution10 no court shall take cognizance of any offence punishable under this act exceptupon a complaint thereof is made by a person in this behalf within three months from the date of the occurrence of the alleged commission of the offence chapter iv identification of manual scavengers in urban and40 rural areas and their rehabilitation11 (1) if any municipality has reason to believe that some persons are engaged or employed in manual scavenging within its jurisdiction, the chief executive officer of such municipality shall cause a survey to be undertaken to identify such personssurvey of manual scavengers in urban areas by municipalities45(2) the content and methodology of the survey referred to in sub-section (1) shall besuch as may be prescribed, and it shall be completed within a period of two months from its commencement in the case of municipal corporations, and within a period of one month in the case of other municipalities(3) the chief executive officer of the municipality, in whose jurisdiction the survey is undertaken, shall be responsible for accurate and timely completion of the survey5(4) after completion of the survey, the chief executive officer shall cause to be drawn up a provisional list of persons found to be working as manual scavengers within the jurisdiction of his municipality, shall cause such provisional list to be published for general information in such manner, as may be prescribed, and shall invite objections to the list from the general public10(5) any person having any objection, either to the inclusion or exclusion of any name in the provisional list published in pursuance of sub-section (4), shall, within a period of fifteen days from such publication, file an objection, in such form as the municipality may notify, to the chief executive officer(6) all objections received in pursuance of sub-section (5), shall be enquired into, and thereafter a final list of persons found to be working as manual scavengers within the local limits of the municipality, shall be published by it in such manner, as may be prescribed15(7) as soon as the final list of manual scavengers, referred to in sub-section (6) is published, the persons included in the said list shall, subject to the provisions of subsection (2) of section 6, stand discharged from any obligation to work as manual scavengers20application by an urban manual scavenger for identification12 (1) any person working as a manual scavenger in an urban area, may, either during the survey undertaken by the municipality in pursuance of section 11, within whose jurisdiction he works, or at any time thereafter, apply, in such manner, as may be prescribed, to the chief executive officer of the municipality, or to any other officer authorised by him in this behalf, for being identified as a manual scavenger25(2) on receipt of an application under sub-section (1), the chief executive officer shall cause it to be enquired into, either as part of the survey undertaken under section 11, or, when no such survey is in progress, within fifteen days of receipt of such application, to ascertain whether the applicant is a manual scavenger30(3) if an application is received under sub-section (1) when a survey under section 11is not in progress, and is found to be true after enquiry in accordance with sub-section (2), action shall be taken to add the name of such a person to the final list published under subsection (6) of section 11, and the consequences mentioned in sub-section (7) thereof shall follow13 (1) any person included in the final list of manual scavengers published in pursuance of sub-section (6) of section 11 or added thereto in pursuance of sub-section (3) of section 12, shall be rehabilitated in the following manner, namely:—35(a) he shall be given, within one month,—rehabilitation of persons identified as manual scavengers by a municipality(i) a photo identity card, containing, inter alia, details of all members of his family dependent on him, and(ii) such initial, one time, cash assistance, as may be prescribed;40(b) his children shall be entitled to scholarship as per the relevant scheme of the central government or the state government or the local authorities, as the case may be;(c) he shall be allotted a residential plot and financial assistance for house construction, or a ready-built house, with financial assistance, subject to eligibility and willingness of the manual scavenger, and the provisions of the relevant scheme of the central government or the state government or the concerned local authority;45(d) he, or at least one adult member of his family, shall be given, subject to eligibility and willingness, training in a livelihood skill, and shall be paid a monthly stipend of not less than rupees three thousand, during the period of such training;(e) he, or at least one adult member of his family, shall be given, subject to eligibility and willingness, subsidy and concessional loan for taking up an alternative occupation on a sustainable basis, in such manner as may be stipulated in the relevant scheme of the central government or the state government or the concerned local authority;5(f) he shall be provided such other legal and programmatic assistance, as thecentral government or state government may notify in this behalf10(2) the district magistrate of the district concerned shall be responsible for rehabilitation of each manual scavenger in accordance with the provisions of sub-section (1) and the state government or the district magistrate concerned may, in addition, assign responsibilities in his behalf to officers subordinate to the district magistrate and to officers of the concerned municipality1514 if any panchayat has reason to believe that some persons are engaged in manual scavenging within its jurisdiction, the chief executive officer of such panchayat shall cause a survey of such manual scavengers to be undertaken, mutatis mutandis, in accordance with the provisions of section 11 and section 12, to identify such personsurvey of manualscavengers in rural areas by panchayats application by a rural manual scavenger for identification2015 (1) any person working as a manual scavenger, in a rural area, may, either during the survey undertaken by the panchayat within whose jurisdiction he works, in pursuance of section 14 or at any time thereafter, apply, in such manner, as may be prescribed, to the chief executive officer of the concerned panchayat, or to any other officer authorised by him in this behalf, for being identified as a manual scavenger(2) on receipt of an application under sub-section (1), the chief executive officer shall cause it to be enquired into, either as part of the survey undertaken under section 14 or when no such survey is in progress, within fifteen days of receipt of such application, so as to ascertain whether the applicant is a manual scavenger2516 any person included in the final list of manual scavengers, published in pursuanceof section 14 or added thereto in pursuance of sub-section (2) of section 15 shall berehabilitated, mutatis mutandis, in the manner laid down for urban manual scavengers insection 13rehabilitation of persons identified as manual scavengers by a panchayat chapter v30 implementing authorities17 notwithstanding anything contained in any other law for the time being in force, it shall be the responsibility of every local authority to ensure, through awareness campaign or in such other manner that after the expiry of a period of nine months, from the date of commencement of this act,—35responsibility of local authorities to ensure elimination of insanitary latrines(i) no insanitary latrine is constructed, maintained or used within its jurisdiction;and(ii) in case of contravention of clause (i), action is taken against the occupier under sub-section (3) of section 540authorities who may be specified for implementing provisions of this act18 the appropriate government may confer such powers and impose such duties on local authority and district magistrate as may be necessary to ensure that the provisions of this act are properly carried out, and a local authority and the district magistrate may, specify the subordinate officers, who shall exercise all or any of the powers, and perform all or any of the duties, so conferred or imposed, and the local limits within which such powers or duties shall be carried out by the officer or officers so specified4519 the district magistrate and the authority authorised under section 18 or any othersubordinate officers specified by them under that section shall ensure that, after the expiry of such period as specified for the purpose of this act,—duty of district magistrate and authorised officers(a) no person is engaged or employed as manual scavenger within their jurisdiction;(b) no one constructs, maintains, uses or makes available for use, an insanitary latrine;(c) manual scavengers identified under this act are rehabilitated in accordance with section 13, or as the case may be, section 16; and5(d) persons contravening the provisions of section 5, section 6 or section 7 are investigated and prosecuted under the provisions of this act;(e) all provisions of this act applicable within his jurisdiction are duly complied with1020 (1) the appropriate government may, by notification, appoint such persons as it thinks fit to be inspectors for the purposes of this act, and define the local limits within which they shall exercise their powers under this actappointment of inspectors and their powers(2) subject to any rules made in this behalf, an inspector may, within the local limits of his jurisdiction, enter, at all reasonable times, with such assistance as he considers necessary, any premises or place for the purpose of,—15(a) examining and testing any latrine, open drain or pit or for conducting an inspection of any premises or place, where he has reason to believe that an offence under this act has been or is being or is about to be committed, and to prevent employment of any person as manual scavenger;20(b) examine any person whom he finds in such premises or place and who, he has reasonable cause to believe, is employed as a manual scavenger therein, or is otherwise in a position to furnish information about compliance or non-compliance with the provisions of this act and the rules made thereunder;25(c) require any person whom he finds on such premises, to give information which is in his power to give, with respect to the names and addresses of persons employed on such premises as manual scavenger and of the persons or agency or contractor employing or engaging them;(d) seize or take copies of such registers, record of wages or notices or portions thereof as he may consider relevant in respect of an offence under this act which he has reason to believe has been committed by the principal employer or agency; and30(e) exercise such other powers as may be prescribed45 of 1860(3) any person required to produce any document or thing or to give any information required by an inspector under sub-section (2) shall be deemed to be legally bound to do so within the meaning of section 175 and section 176 of the indian penal code2 of 197435(4) the provisions of the code of criminal procedure, 1973, shall, so far as may be, apply to any such search or seizure under sub-section (2) as they apply to such search or seizure made under the authority of a warrant issued under section 94 of the said code chapter vi procedure for trial40offences to be tried by executive magistrate2 of 197421 (1) the state government may confer, on an executive magistrate, the powers of a judicial magistrate of the first class for the trial of offences under this act; and, on such conferment of powers, the executive magistrate, on whom the powers are so conferred, shall be deemed, for the purposes of the code of criminal procedure, 1973, to be a judicial magistrate of the first class(2) an offence under this act may be tried summarily2 of 19744522 notwithstanding anything contained in the code of criminal procedure, 1973, every offence under this act shall be cognizable and non-bailableoffence to be cognizable and nonbailableoffences by companies523 (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 accordingly10(2) notwithstanding anything contained in sub-section (1), where any offence under this act has been committed by a company and it is proved that 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 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; and15(b) "director" in relation to a firm, means a partner in the firm chapter vii vigilance committeesvigilance committees24 (1) every state government shall, by notification, constitute a vigilance committee for each district and each sub-division20(2) each vigilance committee constituted for a district shall consist of the following members, namely:—(a) the district magistrate—chairperson, ex officio; (b) all members of the state legislature belonging to the scheduled casteselected from the district—members:25provided that if a district has no member of the state legislature belonging to the scheduled castes, the state government may nominate such number of other members of the state legislature from the district, not exceeding two, as it may deem appropriate(c) the district superintendent of police - member, ex officio;30(d) the chief executive officer of,—(i) the panchayat at the district level—member, ex officio; (ii) the municipality of the district headquarters—member, ex officio;(iii) any other municipal corporation constituted in the district—member, ex officio;35(iv) cantonment board, if any, situated in the district—member,ex officio; (e) one representative by the railway authority located in the district to benominated;40(f) not more than four social workers belonging to organisation working for theprohibition of manual scavenging and rehabilitation of manual scavengers, or, representing the scavenger community, resident in the district, to be nominated by the district magistrate;(g) one person to represent the financial and credit institutions in the district, tobe nominated by the district magistrate;45(h) the district-level officer in-charge of the scheduled castes welfare— member-secretary, ex officio;(i) district-level officers of departments and agencies who, in the opinion of the district magistrate, subject to general orders, if any, of the state government, have a significant role to play in the implementation of this act5(3) each vigilance committee, constituted for a sub-division, shall consist of the following members, namely:—(a) the sub-divisional magistrate—chairperson, ex officio;10(b) the chairpersons and the chief executive officers of panchayats at intermediate level of the sub-division, and where panchayats at intermediate level, do not exist, chairpersons from two panchayats at village level to be nominated by the sub-divisional magistrate—member, ex officio;(c) the sub-divisional officer of police—member, ex officio;(d) chief executive officer of—(i) the municipality of the sub-divisional headquarters—member, ex officio; and15(ii) cantonment board, if any, situated in the sub-division—member, ex officio; (e) one representative to be nominated by the railway authority located in the sub-division—member, ex officio;20(f) two social workers belonging to the organisation working for the prohibition of manual scavenging and rehabilitation of the manual scavengers, or representing the scavenger community resident in the sub-division, to be nominated by the district magistrate;(g) one person to represent the financial and credit institutions in the sub-division, to be nominated by the sub-divisional magistrate;25(h) the sub-divisional level officer in-charge of scheduled castes welfare—member-secretary, ex officio;30(i) sub-divisional level officers of department and agencies who in the opinion of the sub-divisional magistrate, subject to any general orders of the state government or the district magistrate, have a significant role to play in the implementation of this act—member, ex officio (4) each vigilance committee constituted at district and sub-divisional level shall meet at least once in every three months(5) no proceeding of a vigilance committees shall be invalid merely by reason of any defect in its constitution3525 the functions of vigilance committee shall be—functions of vigilance committee(a) to advise the district magistrate or, as the case may be, the sub-divisionalmagistrate, on the action which needs to be taken, to ensure that the provisions of this act or of any rule made thereunder are properly implemented;(b) to oversee the economic and social rehabilitation of manual scavengers;40(c) to co-ordinate the functions of all concerned agencies with a view to channeliseadequate credit for the rehabilitation of manual scavengers;(d) to monitor the registration of offences under this act and their investigationand prosecutionstate monitoring committee26 (1) every state government shall, by notification, constitute a state monitoring committee, consisting of the following members, namely:—(a) the chief minister of state or a minister nominated by him—chairperson,ex officio;5(b) the minister-in-charge of the scheduled castes welfare, and such otherdepartment, as the state government may notify;(c) chairperson of the state commissions for safai karamcharis, and scheduledcastes, if any— member, ex officio;10(d) representatives of the national commission for scheduled castes, and safaikaramcharis—member, ex officio;(e) not less than two members of the state legislature belonging to the scheduledcastes, nominated by the state government:15provided that if any state legislature has no member belonging to thescheduled castes, the state government may nominate the members belonging to the scheduled tribes;(f) the director-general of police— member, ex officio;20(g) secretaries to the state government in the departments of home, panchayatiraj, urban local bodies, and such other departments, as the state government may notify;(h) chief executive officer of at least one municipal corporation, panchayat atthe district-level, cantonment board and railway authority as the state government may notify;25(i) not more than four social workers belonging to organisation working for theprohibition of manual scavenging and rehabilitation of manual scavengers, or, representing the scavenger community, resident in the state, to be nominated by the state government;(j) state-level head of the convener bank of the state level bankers' committee—member, ex officio;(k) secretary of the department of the state government dealing withdevelopment of the scheduled castes—member-secretary, ex officio;30(l) such other representative of departments of the state government and suchother agencies which, in the opinion of the state government, are concerned with the implementation of this act35(2) the state monitoring committee shall meet at least once in every six months and shall observe such rules of procedure in regard to the transaction of business at its meetings as may be prescribed27 the functions of the state monitoring committee shall be—functions of the state monitoring committee(a) to monitor and advise the state government and local authorities for effective implementation of this act;(b) to co-ordinate the functions of all concerned agencies;40(c) to look into any other matter incidental thereto or connected therewith forimplementation of this act28 every state or union territory government and union territory administration shall send such periodic reports to the central government about progress of implementation of this act, as the central government may requireduty of states or union territories to send periodic reports to the central government29 (1) the central government shall, by notification, constitute a central monitoringcommittee in accordance with the provisions of this sectioncentral monitoring committee(2) the central monitoring committee shall consist of the following members, namely:—(a) the union minister for social justice and empowerment—chairperson, ex officio;5(b) chairperson of the national commission for scheduled castes— member, ex officio;(c) minister of state in the ministry of social justice and empowerment—member, ex officio;(d) chairperson, national commission for safai karamcharis— member, ex officio;10(e) the member of the planning commission dealing with development of the scheduled castes—member, ex officio;(f) three elected members of parliament belonging to scheduled castes, two from the lok sabha and one from the rajya sabha;(g) secretaries of the ministries of,—15(i) social justice and empowerment, department of social justice and empowerment;(ii) urban development; (iii) housing and urban poverty alleviation;(iv) drinking water and sanitation;20(v) panchayati raj;(vi) finance, department of financial services; and(vii) defence—members, ex officio;(h) chairman, railway board—member, ex officio;(i) director-general, defence estates— member, ex officio;25(j) representatives of not less than six state governments and one union territory, as the central government may, notify;30(k) not more than six social workers belonging to organisation working for the prohibition of manual scavenging and rehabilitation of manual scavengers, or, representing the scavenger community, resident in the country, to be nominated by the chairperson;(l) joint secretary, department of social justice and empowerment in the ministry of social justice and empowerment, looking after development of scheduled castes—member-secretary, ex officio;35(m) such other representatives of central ministries or departments and agencies which, in the opinion of the chairperson, are concerned with the implementation of this act (3) the central monitoring committee shall meet at least once in every six months30 the functions of the central monitoring committee shall be,—functions of the central monitoring committee40(a) to monitor and advise the central government and state government for effective implementation of this act and related laws and programmes;(b) to co-ordinate the functions of all concerned agencies; (c) to look into any other matter incidental to or connected with implementation of this act31 (1) the national commission for safai karamcharis shall perform the following functions namely:—(a) to monitor the implementation of this act;functions of national commission for safai karamcharis5(b) to enquire into complaints regarding contravention of the provisions of thisact, and to convey its findings to the concerned authorities with recommendations requiring further action; and(c) to advise the central and the state governments for effective implementationof the provisions of this act(d) to take suo-motu notice of matter relating to non-implementation of this act10(2) in the discharge of its functions under sub-section (1), the national commission shall have the power to call for information with respect to any matter specified in that subsection from any government or local or other authority1532 (1) the state government may, by notification, designate a state commission for safai karamcharis or a state commission for the scheduled castes or such other statutory or other authority, as it deems fit, to perform, within the state, mutatis mutandis, the functions specified in sub-section (1) of section 31 (2) an authority designated under sub-section (1) shall, within the state, have, mutatis mutandis, the powers of the national commission for safai karamcharis as specified in sub-section (2) of section 31power of state government to designate an appropriate authority to monitor the implementation of this act20 chapter viii miscellaneous2533 (1) it shall be the duty of every local authority and other agency to use appropriate technological appliances for cleaning of sewers, septic tanks and other spaces within their control with a view to eliminating the need for the manual handling of excreta in the process of their cleaningduty of local authorities and other agencies to use modern technology for cleaning of sewers, etc(2) it shall be the duty of the appropriate government to promote, through financial assistance, incentives and otherwise, the use of modern technology, as mentioned in subsection (1)30protection of action taken in good faith34 no suit, prosecution or other legal proceeding shall lie against an appropriate government or any officer of the appropriate government or any member of the committee for anything which is in good faith done or intended to be done under this actjurisdiction of civil courts barred35 no civil court shall have jurisdiction in respect of any matter to which any provisionof this act 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 act3536 (1) the appropriate government shall, by notification, make rules for carrying outthe provisions of this act, within a period not exceeding three months from the date of commencement of this actpower of appropriate government to make rules(2) in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—40(a) the obligation of an employer, under clause (d) of sub-section (1) ofsection 2;(b) the manner of carrying out survey of insanitary latrine and publishing listthereof under clause (a) of sub-section (1) of section 4;45(c) procedure of giving notice and recovering cost of demolition of an insanitarylatrine under sub-section (3) of section 5;(d) content and methodology of the survey under sub-section (2) of section 11;(e) publication of provisional list of persons found to be working as manual scavengers under sub-section (4) of section 11;(f) publication of final list of persons found to be working as manual scavengers under sub-section (6) of section 11;5(g) manner of application to be made to the chief executive officer of the municipality, or to an officer authorised by him in this behalf, under sub-section (1) of section 12 or, as the case may be, sub-section (1) of section 15;(h) provision of initial, one time, cash assistance under sub-clause (ii) of clause(a) of sub-section (1) of section 13;10(i) such other powers of inspectors under clause (e) of sub-section (2) of section20; and(j) any other matter which is required to be, or may be, prescribed15 20(3) every rule made under this act by the central government shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both 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(4) every rule made under this act by the state government shall, as soon as may be after it is made, be laid before each house of state legislature, where there are two houses and where there is one house of state legislature, before that house2537 (1) notwithstanding anything contained in section 36 of this act:—(a) the central government shall, by notification, publish model rules for the guidance and use of state governments; and power of central government to make model rules30(b) in case the state government fails to notify the rules under section 36 of this act within the period of three months specified therein, then the model rules as notified by the central government shall be deemed to have come into effect, mutatis mutandis, in such state, till such time as the state government notifies its rules35(2) the model rules made by the central government under this act shall be laid, as soon as may be after they are 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 make any modification in the rule, the rule shall thereafter have effect only in such modified form; so, however, that any such modification shall be without prejudice to the validity of anything previously done under that rule40power to remove difficulties38 (1) if any difficulty arises in giving effect to the provisions of this act, the centralgovernment may, by order published in the official gazette, make such provisions, not inconsistent with the provisions of this act, as may appear to it to be necessary or expedient for the removal of the difficulty:45provided that no such order shall be made in relation to a state after the expiration ofthree years from the commencement of this act in that state(2) every order made under this section shall, as soon as may be after it is made, be laid before each house of parliamentpower to exempt539 (1) the appropriate government may, by a general or special order published in theofficial gazette, for reasons to be recorded, and subject to such conditions as it may impose, exempt any area, category of buildings or class of persons from any provisions of this act or from any specified requirement contained in this act or any rule, order, notification, bye-laws or scheme made thereunder or dispense with the observance of any such requirement in a class or classes of cases, for a period not exceeding six months at a time(2) every general or special order made under this section shall be laid, as soon as may be after it is made, before each house of parliament or each house of state legislature, where there are two houses and where there is one house of state legislature, before that house statement of objects and reasonselimination of dry latrines and manual scavenging and the rehabilitation of manual scavengers in alternate occupations has been an area of high priority for the government despite the concerted efforts made in the past to eliminate the dehumanising practice of manual scavenging, the practice still persists in various parts of the country existing laws have not proved adequate in eliminating the twin evils of insanitary latrines and manual scavenging these evils are inconsistent with the right to live with dignity which is an essence of the fundamental rights guaranteed in part iii of the constitution further, there is a related problem of serious health hazard and safety of the workers employed in the manual cleaning of sewers and septic tanks2 it is also felt that the existing laws are not stringent enough to eliminate these evil practices in view of the above, there is a need to make comprehensive and stringent provisions for the prohibition of insanitary latrines and employment of persons as manual scavengers, rehabilitation of manual scavengers and their families and to discontinue the hazardous manual cleaning of sewers and septic tanks by the use of technology and for matters connected therewtih3 with a view to eliminate manual scavenging and insanitary latrines and to provide for the rehabilitation of manual scavengers, a multi-pronged strategy has been worked out in the provisions of the bill, which consists of legislative as well as programmatic interventions4 the bill seeks to achieve the above objectivesmukul wasniknew delhi;the 27th august, 2012 ———— president's recommendation under article 117 of the constitution of india ————[copy of letter no 12015/3/2008-scd iv, dated 27th august, 2012 from shri mukul wasnik, minister of social justice and empowerment to the secretary-general, lok sabha]the president, having been informed of the subject matter of the prohibition of employment as manual scavengers and their rehabilitation bill, 2012, recommends the introduction of the bill under article 117(1) of the constitution notes on clausesclause 1—this clause provides for short title, extent and commencement of the proposed legislationclause 2—this clause seeks to define certain words and expressions used in the bill such as agency, hazardous cleaning, insanitary latrine, local authority, manual scavenger, occupier, owner, septic tanks, etcclause 3—this clause provides that the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in the employment of manual scavengers and construction of dry latrines (prohibition) act, 1993 or in any other law, or in any instrument having effect by virtue of any other lawclause 4—this clause provides for the local authority to carry out survey of insanitary latrine existing within its jurisdiction and to publish a list thereof within a period of two months from the date of commencement of the act; give notice to the occupier within fifteen days from the date of publication of the list to either demolish the insanitary latrine or convert it into a sanitary latrine within a period of six months from the date of commencement of the act; construct within a period not exceeding nine months from the date of commencement of the act such number of sanitary community latrines as it considers necessary, in the areas where insanitary latrines have been found it also provides that the municipalities, cantonment boards and railway authorities to construct adequate number of sanitary community latrines within such period not exceeding three years from the date of commencement of the act so as to eliminate the practice of open defecation in their jurisdiction and to make arrangement for their hygienic upkeep at all timesclause 5—this clause provides that notwithstanding anything inconsistent therewith contained in the employment of manual scavengers and construction of dry latrines,(prohibition) act, 1993, no person, local authority or any agency shall, after the commencement of the act,—construct insanitary latrine, engage or employ either directly or indirectly manual scavenger and every person so engaged or employed shall stand discharged immediately from any obligation to do manual scavenging it further provides that every insanitary latrine existing on date of commencement of this act shall either be demolished or be converted into sanitary latrine by the occupier at his own cost before the expiry of period of nine months from the date of commencement of this act it also provides that if any occupier fails to demolish an insanitary latrine or convert it into sanitary latrine within the specified period, the local authority having jurisdiction after giving notice of twenty-one days to the occupier either convert such latrines into sanitary latrines or demolish it and shall be entitled to recover the cost from such occupierclause 6—this clause provides that any contract, agreement or other instrument through which engagement or employment of person for the purpose of manual scavenging has been made shall on the date of the commencement of this act be terminated and such contract, etc, be void and inoperative and no compensation shall be paid therefor it also provides that no person employed or engaged as a manual scavenger on a full-time basis shall be retrenched by his employer, but shall be retained, subject to his willingness, in employment on at least the same emoluments, and shall be assigned work other than manual scavengingclause 7—this clause provides for prohibition of persons from engagement or employment of hazardous cleaning of sewers and septic tanks, etcclause 8—this clause provides for penalty for contravention of clause 5 and clause 6 to the extent of imprisonment for a term which may extend to one year or with fine which may extend to fifty thousand rupees or with both it also provides that for any subsequent contravention the punishment may extend to two years or with fine which may extend to one lakh rupees or with bothclause 9—this clause provides for penalty for first contravention of clause 7 to the extent of imprisonment for a term which may extend to two years or with fine which may extend to two lakh rupees or with both and for any subsequent contravention with imprisonment which may extend to five years or with fine which may extend to five lakh rupees, or with bothclause 10—this clause provides that no court shall take cognizance of an offence under the act, except upon a complaint made by a person in this behalf within three months from the date of the occurrence of the alleged commission of the offenceclause 11—this clause provides for municipality to undertake survey of manual scavenging in urban areas and to identify persons engaged or employed in manual scavenging it further provides that such survey shall be completed within a period of two months from its commencement in case of municipal corporation and within one month in case of other municipality it also provides for the chief executive officer to draw up a provisional list of persons found to be working as manual scavengers and shall cause such provisional list to be published for general information and shall also invite objections it also provides for the persons having any objection to object within a period of fifteen days to such list for inclusion or exclusion of any name in the provisional list it also provides for the municipality to enquire into the objection and to publish the final list and thereafter the persons included in the said list shall be discharged from any obligation to work as manual scavengersclause 12—this clause provides for person working as manual scavenger in the urban areas to apply to the chief executive officer or any officer authorised by him for being identified as a manual scavenger either during the survey undertaken or at any time thereafter it also provides for the chief executive officer to enquire into the facts within fifteen days of receipt of such application to ascertain whether the applicant is a manual scavenger and if found to be true after enquiry to take action to add the name of such person in the final listclause 13—this clause provides for provisions for rehabilitation of persons identified as manual scavengers by the municipality, such as, to give photo identify card, such initial one time cash assistance, assistance to his children for scholarship, entitlement for residential plot and financial assistance for house construction or ready built house subject to eligibility, training in a livelihood skill and monthly stipend of not less than three thousand during such training, subsidy and concessional loan for taking up an alternative occupation and such other legal or programmatic assistance it also cast the responsibility on the district magistrate of the district concerned for rehabilitation of manual scavengerclause 14—this clause provides for the panchayat to cause a survey of manual scavengers to be undertaken to identify such persons in accordance with the provisions of clause 11 and clause 12clause 15—this clause provides for the manual scavengers to apply to the chief executive officer or any officer authorised by him for being identified as a manual scavenger either during the survey undertaken or at any time thereafter it also provides for the chief executive officer to enquire into the facts within fifteen days of receipt of such application to ascertain whether the applicant is a manual scavengerclause 16—this clause provides for the person included in the final list of manual scavengers published in pursuance of clause 14 and clause 15 to be rehabilitated, mutatis mutandis, in the manner laid down for the urban manual scavengers in clause13clause 17—this clause provides for the responsibility of local authority to ensure elimination of insanitary latrines and in case of contravention action be taken against the occupierclause 18— this clause provides for the appropriate government to confer power and impose duties on local authority and district magistrate to ensure for the proper implementation of the provisions of the actclause 19—this clause provides for the duty of the district magistrate and the authority, etc, to ensure that after the expiry of such period specified in the act, no person is engaged or employed as manual scavenger; no one constructs, maintains, uses or makes available for use insanitary latrines; manual scavengers identified are rehabilitated in accordance with the provisions of this act; persons contravening the provisions of clause 5, clause 6 or clause 7 are investigated and prosecuted and all the provisions of this act applicable within his jurisdiction are duly complied withclause 20—this clause provides for the appropriate government to appoint inspectors and define their local limits within which they shall exercise their powers it also provides the powers of the inspector, such as to enter the premises or place for the purpose of examining and testing any latrine, etc, where he has reason to believe an offence has been or is being or is about to be committed and to prevent employment of any person as manual scavengers; examine any person found in such premises and place; require any person found in such premises to give information with respect to the names and addresses of persons employed on such premises as manual scavenger or agency or contractor employing or engaging them; seize or take copies of such registers, records of wages, etc, as he may consider relevant and exercise such other powers as may be prescribedclause 21—this clause provides for the state government to confer powers on an executive magistrate, the powers of the judicial magistrate of the first class for the trial of offences under the act; and, on such conferment of power, the executive magistrate, on whom the powers are so conferred, shall be deemed, for the purposes of the code of criminal procedure, 1973, to be a judicial magistrate of the first class and provides for summary trialclause 22—this clause provides that the offences under the act shall be cognizable and non-bailableclause 23—this clause provides that where an offence under the 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 it also provides that notwithstanding anything contained in sub-clause (1), where any offence under the act has been committed by a company and it is proved that 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 be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordinglyclause 24—this clause provides for the state government to constitute a vigilance committee for each district and each sub-division and provides for the constitution of members of such a committee it also provides that the committee shall meet at least once in every three months and no proceedings of the committee shall be invalid merely by reason of any defect in its constitutionclause 25—this clause provides for the functions of the vigilance committee, such as to advise the district magistrate or as the case may be the sub-divisional magistrate, on the action which needs to be taken, to ensure that the provisions of the act or of any rule made thereunder are properly implemented; to oversee the economic and social rehabilitation of manual scavengers; to co-ordinate the functions of all concerned agencies with a view to channelise adequate credit for the rehabilitation of manual scavengers; to monitor the registration of offences under the act and their investigation and prosecutionclause 26—this clause provides for the state government to constitute a state monitoring committee consisting of the members specified therein it also provides that the state monitoring committee shall meet at least once in every six months and shall observe such rules of procedure in regard to the transaction of business at its meetings as may be prescribedclause 27—this clause provides for the functions of the state monitoring committee such as, to monitor and advise the state government and local authorities for effective implementation of the act; to co-ordinate the functions of all concerned agencies and to look into any other matter incidental thereto or connected therewith for implementation of the actclause 28—this clause provides that the state or union territory government and union territory administration shall send such periodic reports to the central government about progress of implementation of the act, as the central government may requireclause 29—this clause provides for the central government to constitute the central monitoring committee consisting of the members specified therein it also provides that the central monitoring committee shall meet at least once in every six monthsclause 30—this clause provides for the functions of the central monitoring committee such as, to monitor and advise the central government and state government for effective implementation of the act and related laws and programmes to co-ordinate the functions of all concerned agencies and to look into any other matter incidental to or connected with implementation of the actclause 31—this clause provides for the national commission for safai karamcharis to perform the functions such as, to monitor the implementation of the act; to enquire into complaints regarding contravention of the provisions of the act, and to convey its findings to the concerned authorities with recommendations requiring further action and to advise the central and the state governments for effective implementation of the provisions of this act it also provides that in the discharge of its functions under sub-clause (1), the national commission shall have the power to call for information with respect to any matter specified in that sub-clause from any government or local or other authorityclause 32—this clause provides for the state government to designate a state commission for safai karamcharis or a state commission for the scheduled castes or such other statutory or other authority, as it deems fit, to perform, within the state, mutatis mutandis, the functions specified in sub-clause (1) of clause 27 it also provides that an authority designated under sub-clause (1) shall, within the state, have, mutatis mutandis, the powers of the national commission for safai karmacharis as specified in sub-clause (2) of clause 27clause 33—this clause provides for duty on every local authority and other agency to use appropriate technological appliances for cleaning of sewers, septic tanks with a view to eliminating the need for the manual handling of excreta in the process of their cleaning it also provides for duty on the appropriate government to promote through financial assistance, incentives and otherwise to use the modern technologyclause 34—this clause provides that no suit, prosecution or other legal proceeding shall lie against an appropriate government or any officer of the appropriate government or any member of the committee for anything which is in good faith done or intended to be done under the actclause 35—this clause provides that no civil court shall have jurisdiction in respect of any matter to which any provision of the act 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 actclause 36—this clause provides for the appropriate government to make rules for carrying out the provisions of this act within a period not exceeding three months from the date of commencement of the act it further provides the provisions for which the rules shall be made it also provides that every rule made under the act shall be laid, before each house of parliament and the state legislatures as the case may be clause 37—this clause provides for the central government to publish the model rules for the guidance of the state government it also provides that till the state government make rules, the model rules notified by the central government shall be deemed to have the effect in such stateclause 38—this clause empowers the central government to remove the difficulties that arise in giving effect to the provisions of the bill every order of the central government under this clause is to be laid before each house of the parliament this power is exercisable only for three years from the commencement of the actclause 39—this clause provides for power to exempt the appropriate government by a general or special order published in the official gazette, for reasons to be recorded, and subject to such conditions as it may impose, exempt any area, category of buildings or class of persons from any provisions of the act or from any specified requirement contained in this act or any rule, order, notification, bye-laws or scheme made under or dispense with the observance of any such requirement in a class or classes of cases, for a period not exceeding six months at a time it also provides that every general or special order made under this clause shall be laid, as soon as may be after it is made, before each house of parliament or each house of state legislature, where there are two houses and where there is one house of state legislature, before that house financial memorandumclause 13 of the bill provides for rehabilitation of manual scavengers and their families sub-clause (2) of clause 4 of the bill provides that the municipalities, cantonment boards and railway authorities shall construct adequate number of sanitary community latrines clause 17 of the bill, inter alia, provides that every local authority shall, through awareness campaign or in such other manner, ensure that after the expiry of a period of nine months, from the date of commencement of the act, no insanitary latrine is constructed, maintained or used within its jurisdiction the total estimated expenditure, in addition to the expenditure of existing schemes and programmes, is rupees 4825 crores the expenditure shall be borne out of the plan allocation of the concerned central ministries and departments memorandum regarding delegated legislation clause 36 of the bill empowers the appropriate government to make rules for carrying out the provisions of the act the matters in respect of which such rules may be made, inter alia, to provide for (i) the obligation of an employer to provide protection gear and other cleaning devices and ensuring observance of the safety precautions; (ii) the manner of carrying out of survey of insanitary latrines identification of manual scavengers and publish a list of such insanitary latrines and manual scavengers by the local authority; (iii) the procedure of giving notice and thereafter to recover the cost of the conversion or demolition of an insanitary latrine, as the case may be, by the local authority; (iv) such other powers of the inspector and any other matter which is to be, or may be prescribed, by rules2 clause 37 of the bill seeks to empower the central government to make model rules for the guidance and use of state governments3 clause 39 of the bill seeks to empower the appropriate government by a general or special order to exempt any area, category of buildings or class of persons, etc, from any provisions of the act, or dispense with the observance of any such requirement for a period not exceeding six months at a time4 every rule made by the central government and the state government is required to be laid, before each house of parliament or each house of state legislature, where there are two houses and where is one house of state legislature, before that house5 the delegation of legislative power under the aforesaid provisions relate to matters of procedure or administrative detail or to matters in respect of which it is not practicable to make detailed provisions hence, the delegation of legislative power is of a normal character———— a billto provide for the prohibition of employment as manual scavengers, rehabilitation of manual scavengers and their families, and for matters connected therewith or incidental thereto————(shri mukul wasnik, minister of social justice and empowerment) | Parliament_bills | 3a28e313-ccc7-5e1f-b123-ef74a447271d |
bill no 68 of 2007 the national commission for youth bill, 2007 byshri alok kumar mehta, mpa billto provide for the setting up of a national commission for youth for their overall development and for matters connected therewithbe it enacted by parliament in the fifty-eighth year of the republic of india as follows:—1 (1) this act may be called the national commission for youth act, 2007(2) it extends to the whole of india (3) it shall come into force at oncedefinitions2 in this act, unless the context otherwise requires,—(i) "appropriate government" means the state government or the central government, as the case may be;5(ii) "commission" means the national commission for youth set up under section 3;(iii) "prescribed" means prescribed by rules made under this act; and (iv) "youth" means any person who has attained the age of eighteen years but is not above the age of forty-five years3 (1) the central government shall, by notification in the official gazette, set up a national commission for youth10national commission for youth(2) the commission shall consist of:(i) a chairman having special knowledge in the field of youth affairs, to be appointed by the central government; and(ii) such number of other members having such qualification as may be prescribed15(3) the conditions of service, salaries and allowances of chairman and other members of the commission shall be such as may be prescribed4 the central government shall make available such number of officers and staff including experts to the commission as may be required for its functioningcentral government to povide officers and staff for the commission205 the commission shall perform the following functions:—functions of the commission(i) formulate a national policy for the overall development of youth in the country; (ii) such functions in regard to formulation and implementation of schemes for the welfare of youth as may be assigned to it by the appropriate government; and(iii) such other functions as may be assigned to it by the central government256 (1) the central government shall set up a fund to be known as the youth development fund to implement the provisions of this actyouth development fund(2) the central government and state governments shall contribute to the fund in such ratio as may be prescribed30power to make rules7 the central government may, by notification in the official gazette, make rules for carrying out the purposes of the act statement of objects and reasonseven after six decades of independence, no clear-cut policy for the overall development of youth has been formulated in our country so far today, youth of the country are facing so many problems this include, to name a few, problems relating to education, poverty, nutrition, self-employment, vocational training, health, etc there is no institutional mechanism to harness their potential and channelise their energy for the betterment of the country there is no proper planning for comprehensive development of the youth the plight of youth belonging to scheduled castes, scheduled tribes and other backward classes (obcs) is even worse apart from all the problems mentioned above, they also have to face social ostracisationwe need to instill a sense of belonging among the youth by providing them all opportunities for their development so that they can contribute to the progress of the country to their full potential the facilities should be provided as a matter of right and not as privilege employment should be guaranteed to the youth the youth should be linked directly with the production process the disparities between the rural and urban youth should be eliminated in a phased manner steps taken in this direction will not only uplift the conditions of the youth but will also create a better society leading to a civilized and strong nation a comprehensive youth policy through the national commission for youth, for their all round development is, therefore, need of the hourthe bill seeks to achieve the above objectivesnew delhi;alok kumar mehtaaugust 3, 2007 financial memorandumclause 3 of the bill provides for the setting up of a national commission for youthclause 4 provides that the central government shall make available necessary officers and staff for the efficient functioning of the commission clause 6 provides for creation of a youth development fund the bill, therefore, if enacted, is likely to involve expenditure from the consolidated fund of india it is estimated that an annual recurring expenditure of about rupees two hundred fifty crore will be involveda non-recurring expenditure of about rupees five hundred crore is also likely to be involved memorandum regarding delegated legislationclause 7 of the bill empowers the central government to frame rules for carrying out the purposes of the bill as the rules will relate to matters of detail only, the delegation of legislative power is of a normal character lok sabha————abillto provide for the setting up of a national commission for youth for their overall development and for matters connected therewith ————(shri alok kumar mehta, mp)mgipmrnd—3172ls(s-5)—20-08-2007 | Parliament_bills | e0a5dc49-c535-5e44-bfa1-9ee5ef5fe0d9 |
bill no 20 of 2018 the unlawful activities (prevention) amendment bill, 2018 by shri chandrakant khaire, mp a billfurther to amend the unlawful activities (prevention) act, 1967be it enacted by parliament in the sixty-ninth year of the republic of india as follows:—1 (1) this act may be called unlawful activities (prevention) amendment act, 2018(2) it extends to the whole of indiashort title, extent and commencement2 after section 23 of the unlawful activities (prevention) act, 1967, the following sections shall be inserted, namely:—| insertion ||--------------|| new sections || 23a to 23c |"23a (1) the central government shall, by notification in the official gazette, set up a special court in every state capital to try the offences of terrorist acts5(2) the special court shall consist of—setting up of special courts to try theoffences ofterrorist acts(a) two judges of the supreme court; (b) one judge from the high court to be appointed on rotation basis;(c) one retired judge of the supreme court; and (d) one retired judge of the high court,10to be appointed by the central government in such manner as may be prescribed(3) the salary and allowances payable to and other terms and conditions of service of the judges mentioned under clauses (c) and (d) of sub-section (2) shall be such as may be prescribed1523b the special court shall dispose of every case of terrorist act within a period of forty-five days from the date of framing of chargesspecial court to try cases within fortyfive days23c no appeal shall lie in any court against the order of the special court"restriction of appeal against the order of the specialcourt statement of objects and reasonsaccording to global terrorism report 2017, india is among top ten terrorism affected countries of the world in the year 2016, 929 terrorist attacks occured in india which claimed the lives of 340 people the day of 28th november, 2008 is an unforgettable day on this day terrorist attack happened on india's financial capital, mumbai, after this attack india's gdp growth rate shrunk to 7 per cent yearly while india's gdp growth rate was moving ahead at the rate of 93 per cent till the year 2008 report released by moody's investors services said that terrorist attacks in india have impacted its economy negatively in the long run according to moody's its study tells that economic activities have been slowed considerably due to terrorist attacks and it impacted the economy in long termterrorism impacts the economy in many ways, apart from direct loss due to attacks, it is not easy to make conducive environment for the investors with the presence of terrorism on the other hand, widespread expenditure occurs on establishment and maintenance of anti-terrorism system, weapon, other defence materials, arrangement of human resources and training etc terrorism has also direct and deep ill-effects on tourismgovernment cost to take debt has risen due to terrorist attacks cost of debt had risen from 041 to 065 in countries worst affected by terrorism international monetary fund's researchers r bairry johnston and oana m nedelescu said in their paper, titled "the impact of terrorism on financial markets" issued in 2005, discusses some of the direct and indirect economic consequences of terrorism and inter alia states that—"the direct economic costs of terrorism, including the destruction of life and property, responses to the emergency, restoration of the systems and the infrastructure affected, and the provision of temporary living assistance, are most pronounced in the immediate aftermath of the attacks and thus matter more in the short runthe indirect costs of terrorism can be significant and have the potential to affect the economy in the medium term by undermining consumer and investor confidencefinally, over the longer term, there is a question of whether the attacks can have a negative impact on productivity by raising the costs of transactions through increased security measures, higher insurance premiums, and the increased costs of financial and other counter-terrorism regulations"according to global terrorism report 2017, india ranks on 8th place in the terrorism affected countries of the world country's status can be ascertained from this that india's condition is worse than libyathus, if india is to become economic and strategic power then it has to complete the judicial process within forty-five days against arrested terrorists to make india terror-free the need is to set up special courts in capital of every state to try the cases of terrorist acts and complete judicial process within forty-five days terrorists should not have right to appeal the central government should also ensure the compliance to the decision of special courts within ten days and it should be made mandatory to inform the special courts about the enforcement of punishment within prescribed time high security to terrorists and to keep them alive on state's spending increases the economic burden of the governmentthe bill, therefore, seeks to amend the unlawful activities (prevention) act, 1967 with a view to set up special court in every state capitals to try the offences of terrorist acts punishable under the act it also provides for disposal of every case of terrorist act under the act within a period of forty-five days of occurrence of such terrorist act and make an order in this behalf it further provides for implementation of the decision of the special court by the central government within ten days of making such orderhence this billnew delhi;chandrakant khairedecember 8, 2017 financial memorandumclause 2 of the bill provides for setting up special court in every state capitals to try the offences of terrorist acts the bill, therefore, if enacted, will involve expenditure from the consolidated fund of india it is estimated that a sum of rupees five hundred crore would be involved as recurring expenditure per annuma non-recurring expenditure of about rupees two hundred crore is also likely to be involved lok sabha———— a billfurther to amend the unlawful activities (prevention) act, 1967————(shri chandrakant khaire, mp)gmgipmrnd—3689ls(s3)—23012018 | Parliament_bills | 99549bc8-fe2b-5a20-8790-c4ff4918a68d |
bill no xxiv of 2019 the constitution (amendment) bill, 2019 a billfurther to amend the constitution of indiabe it enacted by parliament in the seventieth year of the republic of india as follows:—1 (1) this act may be called the constitution (amendment) act, 2019short title, and commencement(2) it shall come into force on such date as the central government may, by notificationin the official gazette, appoint2 in the constitution, for article 282, the following shall be substituted namely;substitution of new article for article 282"282 the union or a state may make any grants for any public purpose, notwithstanding that the purpose is not one with respect to which parliament or the legislature of the state, as the case may be, may make laws:expenditure defrayable by the union or a state out of its revenues"provided further that in case of a scheme or programme already commenced by the union government or a state government under the provisions of this article but the initial transfer of benefits to the eligible beneficiaries under that scheme or programme has not commenced prior to six months of the general election to the house of the people or an election to the legislative assembly of a state, the transfer of such benefits shall not be commenced till the completion of the process of such elections"5 statement of objects and reasonsnowadays, the political parties and persons contesting various elections promise and boast of distribution of freebies to electors as a short route to please them and seek electoral mandate in their favour there is a tendency of choosing this freebie distribution just before general elections from government treasuries under various popular schemes and programmes for public purpose under article 282 of constitution the reality cannot be ruled out that distribution of freebies of any kind, undoubtedly, influences all people it shakes the root of free and fair elections to a large degree and vitiates the electoral process these freebies are gifts that have no other purpose than to induce voters to vote for a particular party or person the attempt of each party to outdo the other has taken a vicious form of competitive populism if not curtailed, this will ruin the state financiallyarticle 282 was incorporated in the constitution with a noble aim to give power to union and states to spend public money for public purpose in the emergent contingencies and special situations this article is source of spending funds for the public purpose and is normally meant for special, temporary or adhoc schemes apart from normal government spending enshrined under article 275 but spending under the provision of this article shall be subject to other constitutional requirements freebie distribution by parties should be considered as a corrupt practice as defined under section 123 of representation of people's act, 1951it is necessary to prevent misuse of this article just before the general electionsannouncement of a new scheme or program before general election within six months and commencing distribution of freebies under already announced schemes before six months when general elections are due, needs to be curtailed to ensure a level playing field to all contestants of election and to promote free and fair electionthis bill seeks to further amend the constitution to put a check on distribution of freebies under the garb of provisions of article 282 just before general elections by the union and the state from the government treasureskvp ramachandra rao annexure extracts from the constitution of india 282 the union of a state may make any grants for any public purpose, notwithstanding that the purpose is not one with respect to which parliament or the legislature of the state, as the case may be, may make lawsexpenditure defrayable by the union or a state out of its revenues ———— a billfurther to amend the constitution of india————(dr kvp ramachandrarao, mp)mgipmrnd—2364rs(s3)—02-08-2019 | Parliament_bills | 1f826e67-0dcc-55bf-8426-b4529f727c2d |
bill no lx of 2012 the representation of the people (amendment) bill, 2012 a bill further to amend the representation of the people act, 1951be it enacted by parliament in the sixty-third year of the republic of india as follows:—1 (1) this act may be called the representation of the people (amendment) act, 2012short title and commencement(2) it shall come into force on such date as the central government may, by notification in the official gazette, appoint2 in section 8 of the representation of the people act, 1951 in sub-section (2), after clause (c), the following clause shall be inserted, namely,—amendment of section 8 of act 43 of 1951"(d) any law providing for banning the practice or encouraging or inducing others to practice or propagate superstitious beliefs" statement of objects and reasonssuperstitious beliefs are prevailing in the country for the last several centuries these beliefs have taken strong roots in the society and have done irreparable harm to it, particularly to the weaker sections it was expected that as time passes, scientific temper in the minds of the people will increase and, people may refrain from resorting to unpleasant and crude methods to achieve their social and other objectives literacy is increasing among the people but, disbelief in superstitions has not diminished in the same proportion literate people too, are found to be indulging in superstitions in quite an astonishing proportionit is unfortunate that several persons in public life in some form or the other practice superstitions although, religious practices or rituals stand on different footings, practising of superstitions in the name of religion is dangerous well to do persons or others in the business community or the rich farming class at times may lose a few thousand rupees, but the poor, who practise superstitions in the name of religion suffer immenselya number of babas have surfaced on the political arena utilizing religions platforms for the purpose of preaching their political philosophy therefore, restrain has to be imposed on those who lead the society disqualifying those who seek to contest elections, is one way, of making the message, loud and clearhence this billshantaram naik annexure extracts from the representation of the people act, 1951 (43 of 1951) 8 disqualification on conviction for certain offences (2) a person convicted for the contravention of—(a) any law providing for the prevention of hoarding or profiteering; or (b) any law relating to the adulteration of food or drugs; or (c) any provisions of the dowry prohibition act, 1961 (28 of 1961); rajya sabha———— a bill further to amend the representation of the people act, 1951————(shri shantaram naik, mp)gmgipmrnd—3955rs(s3)—07-12-2012 | Parliament_bills | 399136dc-2f44-5699-bf2d-251ae83a1dd4 |
bill no xlviii 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, 2009short title, and commencement(2) it shall come into force with immediate effectinsertion of new article 21b2 after article 21a of the constitution, the following article shall be inserted, namely:—right to housing"21b (1) every citizen shall have the right to adequate housing as parliament may, by law, determine from time to time(2) without prejudice to the generality of the foregoing provisions, nothing in clause (1) shall prevent the state from making any provision for fixing norms and criteria for the allotment of dwelling units to the citizens(3) nothing in this article shall prevent the state from implementing special housing schemes through its boards or authorities or agencies for the senior citizens, retired government employees, physically challenged citizens, citizens belonging to scheduled castes, scheduled tribes, other backward classes, widows and other weaker sections of the societyexplanations— for the purposes of this article ''housing'' includes an appropriate dwelling unit with all basic amenities and ambience statement of objects and reasons ours is a vast and over populated country even after more than six decades of independence and after implementation of ten five year plans, there is housing crisis in the country and crores of citizens are still homeless though, we may blame the booming population and other social and economic reasons for the acute shortage of housing in the country but unfortunately, is increasing day by day both in rural and urban areas of the country as a result, millions of poor people are forced to live in sub human conditions on the unauthorized slums pavements, footpaths, shed of busstands, under flyovers and bridges, drain pipes, jhuggi clusters without basic facilities like sanitation, drinking water, toilets, electricity, etc they have no option but to languish in such inhuman conditions of livinghousing is one of the basic human needs and world over the right to adequate housing has been codified as a human right in the universal declaration of human rights the united nations and more than fifty constitutions in the world do recognize the constituent elements of the housing right as a human right the supreme court of india has also recognized the right of housing by bringing it within the ambit of right to life in olgo tellis case, hon'ble supreme court laid down that pavement dwellers could only be evicted only after arranging alternative accommodation for them thus effectively the hon'ble supreme court has recognized the right of shelter in the case of shantistar builders vs narayan k totame, hon'ble supreme court laid down that right to adequate housing is a constitutional obligation of the state it is, therefore, necessary that the government should come forward to ensure adequate housing for millions of homeless citizens more so for those who are languishing on pavements, footpaths, jhuggi jhopri clusters, and slums not only because it is their right but it would guarantee a healthy and satisfied citizens therefore, it has become necessary to include right to adequate housing as a fundamental right in our constitutionhence this billakhilesh das gupta financial memorandumclause 2 of the bill provides for the insertion of right to housing in the list of fundamental rights for the citizens the bill, if enacted, will involve expenditure from the consolidated fund of india though it is not possible to give the exact funds that will be involved at this juncture, it is estimated that an amount of rupees fifty thousand crore may involve as recurring expenditure per annum, a major part of it will get recovered eventuallya non-recurring expenditure to the tune of rupees ten thousand crore may also be involved from the consolidated fund of india annexure extract from the constitution of india 21a right to education—the state shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the state may, by law, determine rajya sabha————— a billfurther to amend the constitution of india—————(dr akhilesh das gupta, mp)gmgipmrnd—2320rs(s5)—03-05-2010 | Parliament_bills | feabbde9-033c-5105-a28c-96e2a3f675e6 |
bill no 2 of 2016 the representation of the people (amendment) bill, 2016 byshri rabindra kumar jena, 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 commencement20162 in section 33 of the representation of the people act, 1951, in sub-section (7),—amendment of section 3343 of 1951(i) in clause (a), for the words "from more than two parliamentary constituencies", the words "from more than one parliamentary constituency" shall be substituted;(ii) in clause (b), for the words "from more than two assembly constituencies", the words "from more than one assembly constituency" shall be substituted;5(iii) in clause (c), for the words "from more than two council constituencies", the words "from more than one council constituency" shall be substituted;(iv) in clause (d), for the words "for filling more than two such seats", the words"for filling more than one such seat" shall be substituted;10(v) in clause (e), for the words "from more than two such parliamentary constituencies", the words "from more than one such parliamentary constituency", shall be substituted;(vi) in clause (f), for the words "from more than two such assembly constituencies", the words "from more than one such assembly constituency" shall be substituted;15(vii) in clause (g), for the words "for filling more than two such seats", the words "for filling more than one such seat" shall be substituted; and(viii) in clause (h), for the words "from more than two such council constituencies", the words "from more than one such council constituency" shall be substituted20 statement of objects and reasonsunder section 33 of the representation of the people act, 1951, a person is allowed to contest polls from a maximum of two seats when a candidate wins both the seats, he or she must vacate one within a specified number of days, triggering a bye-election, as stated under section 70 of the act allowing candidates to contest from more than one constituency is a drain on the exchequer and also compels the voters to participate in an unwarranted bye-electionthe background paper on electoral reforms (december, 2010), prepared by the core committee on electoral reforms and co-sponsored by the election commission of india had observed that in situations where a person contests elections from two constituencies and wins from both, a bye-election is required from one constituency, which necessarily involve avoidable labour and expenditure on the conduct of that bye-election it has also recommended an amendment to the representation of the people act, 1951 to provide that a person cannot contest from more than one constituency at a timeit is believed that allowing candidates to contest elections from two seats allows them to cover political risks the bill seeks to ensure that a person do not contest from more than one seat at a time, thereby increasing the commitment of candidates towards the electorate he or she claims to want to serve and furthering india's democratic evolutionthe bill, therefore, seeks to amend the representation of the people act, 1951 in order to achieve the above objectivehence, this billnew delhi;rabindra kumar jenadecember 21, 2015 annexure extract from the representation of the people act, 1951 no 43 of 1951 presentation of nomination paper and requirements for a valid nomination33 (7) notwithstanding anything contained in sub-section (6) or in any other provisions of this act, a person shall not be nominated as a candidate for election,—(a) in case of a general election to the house of the people (whether or not held simultaneously from all parliamentary constituencies), from more than two parliamentary constituencies;(b) in case of a general election to the legislative assembly of a state (whether or not held simultaneously from all assembly constituencies), from more than two assembly constituencies in that state;(c) in the case of a biennial election to the legislative council of a state having two or more seats allotted to a state, for filling more than two such seats;(d) in the case of a biennial election to the council of states for filling two or more seats allotted to a state, for filling more than two such seats;(e) in case of bye-elections to the house of the people from two or more parliamentary constituencies which are held simultaneously from more than two such parliamentary constituencies;(f ) in the case of bye-election to the legislative assembly of a state from two or more assembly constituencies which are held simultaneously, for filling more than two such seats;(g) in the case of bye-election to the council of states for filling two or more seats allotted to a state, which are held simultaneously, from more than two such council constituencies ———— a billfurther to amend the representation of the people act, 1951————(shri rabindra kumar jena, mp)gmgipmrnd—4103l(s3)—09022016 | Parliament_bills | d7d82db5-6a26-5b78-b438-c54c49a1386a |
tothe swadfshi ootton milib cjmpany limn'ed (acquisition and transfer ol~' ulillfrtakings) bill, 1986 (to bel as inti'q~uced in lok sabha) i page (i), against clause no11 ,-[q! itdutjes" ~§<1 "dllt yo" 2 page (ii), against clause no27,-[qr 111'elh;litteg h ~~aq "l:'ena1~· -, ~ page 6, line 2,-for "he" ~ "the" ~ page 1 5, lin e 1 5 , -£2r "1'reglllations tl ~ "regulation" 1~ delhi; ~ti 2 1986 f s&a 12, ";)08 (saka) the swadesffi cotton mills company limited (acquismon and transfer of undertakings) bill, hi86 arrangement of clauses chapl'er ipbelminaby clausrs1 short title and commencement 2 definitions chapter ii acquisition and transfer of the textile 'un'dl!ilft'akni'gs3 transfer and vesting of the textile undertakings 4 general effect of vesting 5 company to be liable for certain prior liabilities 6 transfer of any textile undertaking or part thereof to a subsidiary textile corporation 7 shares to be'issued by national textile corporation for the value of assets transferred to it by the central governlllflllt chapter iii payment of amounts8 payment of amount 9 payment of further amounts chapter iv manaoiiiment, e'l'c •• 01' the textile t1nddltakings10 management, etc, of the textile undertakings 11 dutiel ot persona in charp of manageme'llt of the textile undertakinrs to deliver all assets, etc chapter v piovisions aelating to employees of the textile undertakings12 continuance of employees of the textile undertakings 13 provident and other funds 14 transfer of employees to a subsidiary textile corporation chaffer vi commissioner of paymentsclauses 15 appointment of commissioner of payments 16 payment by the central government to the commissioner 17 certain powers of the national textile corporation 18 claims to be made to the commissioner 19 priorities of claim's 20 examination of elaims 21 admission or rejection ofo!aims 22 disbursement of maney by' the commissioner to claimants 23 undisbursed or unclaimed ambnt to be deposited with the general revenue account chapi'er vii mlscellanilous24 act to have overriding effect 25 aaswjlption of liability 26 ccmtracts to cease to have effect unless ratified by national textile corporation 27 penalities 28 offences by companies 29 protection of action taken in good faith 30 de1egationof powers 31 power to make rules 32 power to remove difficulties 33 repeal and saving the schedule the swadeshi co'm'on mills company limited (acquisi- tion and transfer of undertakings) bill, 1986 a billto provide for the acqu!bition anci'tran8jer of certain textile unclertakimgs of the swades11i cotton mills company limited, with a ti:ew to securing the proper mgnagement of such undertakings so as to subserve tne ';nterests of the gene'ltll public by ensuring the conti-n'tled 5 manufacture, production and di'1trilb1ltion of different varieties of cloth and yarn and thereby to give effect to tile pdlicy of the state towards securing the principles specifu!d in clauses (0) and (c) of article 39 of the constitutbn and for matters connected therewith or incidental thef4eto jo whereas the swadeshi cotton mills company limited has, throuf,h its six textile undertakings, been engaged in the manufacture and production of different varieties of cloth and yarn; and wherf~~s the managem~nt of the said textile undertakings was taken over by 'the central government ,under section 18aa of the 86 of 1951 15 industries (development and regulation) act, 1951; and wi:ler&\s large sums of money have been invested with a view to ma~ing the said textile underta~s viable; ann whereas further investment of very 1arse sums of money i neeessary for the purpose of securing the optimum utilisation of the !lo available facilities for the manufacture, produetion and distribution of cloth ana ¥i!~ br t!l~ ~a~~ textil~ ynd~~,s "f the com~; and whbreas such investment is also necessary for securing the continued employment of the workmen employed in the said textile llnc:ler takings; and whereas it is necessary in the public interest to acquire the said textile undertakings of the swadeshi cotton mills company limited to 5 ensure that the interests of the general public are served by the conti nuance by the said undertakings of the company of the manufacture, production and distributio'l1 of different varieties of cloth and yarn which are vital to the needs of the country; and whereas such acquisition is for giving effect to the policy of the 10 state towards securing the principles specified in clauses (b) and (c) of arucie 39 of the constitution; bz it enacted by parliament in the thirty-seventh year of the republic of india as fouows:- chapter i prl:innnary1 (1) this act may be called the swadeshi cotton mills company limited (acquisition and tra'llsfer of undertakings) act, 1986 short title and ~mence ment (2) the provisions of sections 27 and 28 shall come into force at once, and the remaining provisions of this -act shall be deemed to have come 20 into force on the 1st day of april, 1985 z in this act, unless the context otherwise requires,-definitions (a) "appointed day" means the 1st day of april 1985; (b) "commissioner" means the commissioner of payments appointed under section 15; lof 1956 (c) "company" means the swadeshi cotton mills company limited kanpur, a company within the meaning of the companies act,' 1956, and having its registered office at swadeshi house, civij lines kanpur, in the state of uttar pradesh; (d) "date of taking over" means the date on which the manage- 30 ment of the textile undertakin~s of the company was taken over bv the central government by virtue of the order of the government of india in the late ministrv of industrial development no so 265 (e) dated the 13th april 1978, made under clause (a) of sub-section (1) of section 18aa of the industries (development and regulation) 35 act, 1951; 65 of 11151 1 of 11118 (e) "national textile corporation" means the national textile corporation limited, a company formed and registered under the companies act, 1956; (n "notification" means a notification published in the official 40 gazette; (g) "ordinance" means the swadeshi cotton mills company limited (acquisition and transfer of undertaki'ngs) ordinance, 1986; 5 of 1988 '(h) "prescribed" means prescribed by rules made under this ~; 45 m _,"specified date", in r~lation, to any· provi8ion of thl" ·,ad - " ~~!; !,!c~ ~1t 's t~, 9'ntr~·:c}9y,nunnt inay"by j\otlftoatt - " i •• ' ,' 01' - - ' ~-f', ·· j , , ·r : •• :,!1~ • ~ •• : •• ~,;:~ o":, ', • : ' 'i ," , ~':" '" " ,' :' - ,j , ,' - , in the official gazette and in the newspapers circulating in, the locality in which the registered office of the company is situated specify for the purposes of that provision and different dates may be specified for different provisions of this act; 5 (;) "subsidiary textile corpw:ation" means a textile corporation formed by the national textile corporation as its subsidiary; (k) "textile undertakings" means the six textile undertakings ot the company specified below:-(,) the swadeshi cotton mills, kanpur; 10 (ii) the swadeshi cotton mills, pondicherry; (iii) the swadeslti cotton mills, naini; (iv) the swadeshi cotton mills; maunath bhanjan; (v) the udaipur cotton mills, udaipur; (vi) the rae bareh textile mills, rae bareli; ' of 1956 (1) words and expressions used herein and not defined but defined in the companies act, 1956, shall have the meanings respectively assigned to them in that act chapter ii acquisition and transfer of the textile undertakings20 3 (1) on the appuinted day, every textile uildertaking and the riaht t:tle and interest of the company in relation to every such-textue under taking shall hy virtue of tid!; act, stand transferred to, and shall vest iu, the central g011cruntcnt tunsfer and vesting of the textile undertakings (2) every such textile undertakinl' which itands vested in the central 25 government by virtue of sub·sectiod (1) shall, immediately after it has' so vested, dand transferred to and ,-sted ·jn the national textile corporation general effect of vestin'g 4 (1) the textile undertakin~s referred to in section 3 shall be deemed to include all assets, rights lease-holds, powers, authorities and 30 privileges and all property, movable and immovable including lands buildings workshops, stores, instruments, machinery, and equipment, cash balances cash on hand, reserve funds, investments and book debts pertaining to 'the textile unvcrtakings and all other rights and interests in or atising out of, such property as 'were immediately before the 'appointed 35 dav in the ownership, possession, power or control of the 'company in relation to the said undertakings whether within or outside india, and all books of account, registers and all other documents of whatever nature relating thereto (2) all property as aforesaid which have vested in the central 40 government under sub-section (1) of section 3 shall by force of such vesting, be freed and dischar~d from any trust, obligation, mortgage charge lien and all other incumbrances affec~g it, and anv attachment, injunction· or decree or order of any court or other authority restricting the use of such property in any manl'ler shall be deemed to have been ",5 withdrawn, ' , , (3) where any licence or ot~r instrument had been granted at any time before the appointed day to the company in relation to the textile undertakings by the central government or a state government or any local authority, the national textile corporation shall" on and from such day, be deemed to be substituted in such licence or other instrument in j place of the company as if such licence or other instrument had been granted to the natipnal textile corporation and that corporation shall hold it for the remainder of the period for which the company to which it was granted would have held it under the terms thereof (4) every mortgagee of any property which has vested under this ifl act in the central government and every person holding any charj:!e, lien or other interest· in, or in relation to, any such property shall give within such time and in such manner as may be prescribed, an intimation to the commissioner of such mortgage, charge, lien or other interest (5) for the removal of doubts, it is hereby declared that the mort- 15 gagee of any property referred to in sub-section (2) or any other person holding anv charge lien or other interest in, or in relation to, any such property shall be entitled to claim, in accordance with his rights and interests, payment of the mortgaj;(e money or other dues in whole or in part, out of the amounts specified in section g and section 9, but no 20 such mortgage charge lien or ot~~r interest shall be enforceable ~gainst any property which has vested in the central government (6) if, on the appointed day any suit, appeal or other proceeding of whatever nature in relation to any property which has vested in the central governmenlf: under section ~ instituted or preferred by or against :15 the company is pendi~g tqe sam~ shall nqt ~bat~ be discontinued or be in any way prejudicially affected by reason of the transfer of the t~xtilp undertaking!': or of anythin~ contained in this act but the suit appeal or other pvoceedinli/: mav be conttnu$l,prosecuted or enforced by or against the national 'textile corporatiqn, 30 company to be liable for certl!in 5 (1) every liability of the company in relation to the textile undertakings in respect of any period prior to the appointed day shall be the liability of ute comonny apct shall be enforce~ble against it and not against the central govern!oeljt or the national textile corporation pri~ liabilities (2) for the removal of doubts, it is hereby declared that,-35 (a) sav~ as otherwise expressly provided in this section or in any other section of this act, no liability of the company in relation to the texti~~ unde~~kings, in resoect of any period prior to the appointed d~y sh~l be enforceable against the central governme'rit 40 or the n~tional texti~e corporation; (b) no award, decree or order of any court, tribunal !lr other authority in relation to any textile undertaking, oassad after the appointed day, in resped of any matter claim or dispute which arose before that day shall be enforceable against the central government or the national textile corporation; 45 (c) no liability incurred by the company 'in relation to any texiue ·undertaking before the appointed day, for ·the contravention of any provision of law for the time beirig in force, shall be enforceable against the central government or the nationa} textile corporation, 6 (1) the national textile corporatioil may, by' order idwritidg, transfer any of the textile un s't ori}'tthedeofto - sub 'mi"1 textile corporation and any such transfer shall be subject to such tenns and conditions as may be specified' in the said order 5 (2) the subsidiary telttile cor-pgration thall, on a lid from the' cwe qf such transfer, be deemed to be substituted in the liceace or other instrument referred to in sub-section (3) of section 4 in place of the national textile corporation as if 'such licence or other insulidmjlt bad been granted to the subsidiary textile corporation, and shall boldsllch tranafe'r of any textue undertaking oi' part thereot to a subsi diary textile corpora, tion i c) licence or other instrument for the remainder of the period for which the national textile corporation would have held such licence or other instrument (3) save as otherwise expressly provided in this act, reference'$ in this act to the national textile corporation shall, in respect of any 15 textile und~rtaking or part thereof which is transferred to a subsidiary textile corporation, be construed a's references to the' subsidiary textile corporation 7 an amount equal to the value of the assets of the textile undertakings transferred to, and vested in the national textile corporation under 20 sub-section (2) of section 3 shall be deemed to be the contribution made by the central government to the equity capital of the national textile corporation; and for the contribution so made', the national textile corporation shall issue (if necessary after amending its memorandum and articles of association) to the central government paid up shares, in its 25 equity capital hnving a face value equal to the amount specified in section 8 sha'res to be issued by national textile corpora tion for the value of aetl kansferred to it by the cedtral government chapter iii payment of amountspayment ot amoud 8 for tbc transfer to, and vesting in, the central government, under 30 section 3, of thc textile undertakings of the company, and the!! right, title and interest of the company in relation to such undertakings, there shan be given by the central government to the company in cash and in the manner specified in cbapter vi, an amount of rupees twentyfour cro1'88 and thirty-two lakhs payment ot further amounts 86 of 1951 35 9 ,(1) for the deprivation of the 'company of the management of the textileundertaidngs, tbel'e 11 'he atwa"by the cent! gov t to the company, in cash, an amount calculated at the rate of rupees tea thousand per anuum for thep,riod eommeneing on the date on whim the manogelllent of the tcxt:le undftta1ddgs of the company wil8 taken over 40 in pursuance of the order made by the central ~overnment under !=tlon 18aa of the iddustries (development and replation) ad, 11111 and edciing on the appointed day (2) in conslderat of die _~e opei'atioll of ," of sections 3· and 4, there sbldl ahe be ci"n by tile ceatral gov ___ t 45 to the campany,m cash, all amount calculated at th~ rate of i'll, ted tho d pel' 8ddamio tile -tad coiiudeaeida'od the appointed day od be date od which the oftiiudce was pniiuiipted (3) the amouat specifled in mdiod 8 add the bldouatsdetermlaed id aecordanee ",ith the provibions of sub-seetiods (l)' and (2) shall e, 8bapie interest at the rate of four per ceilt per adilam for the period 5 eommenein, the appointed day add eau oil the date on which payment of sueh amounts is made by the central govemment to the comm (4) the amounts determined in accordance with the provisions of sub-sections (1), (2) and (3) shall be given by the central government 10 to the compmy in addition to· t'he amount specified in section 8 (5) for the removal of doubts, it is hereby declared that the liabilities of the company in relation to the textlle uncjertakings which have vested in the central government under sedion 3 shall be discharged from the amount referred to in section 8 and also from the amounts detcmnij)ed 15 under sub-sections (1), (2) and (3), in accordance with the rights and inte~ests of the creditors of the company chapter iv management, 1ft'c, of the tzxtile undertakingsmanqe ment, etc, of the textile under· takings 10 the national textile corporation or any person which that cor- lio poration may, by order in writing, specify, shall be entitled to exercise the powers of general superintendence, direction, control and management of the affairs and business of a textile undertaking, the right, title and i'llterest of the company in' relation to which have vested in that corporation under sub-section (2) of section 3, and do all such things !l5 as the company is authorised to exercise and do 11 on the vesting of a textile undertaking in the national textile corporation, all persons in charge of the management of a textile undertaking immediately before such vesting shall be bound to deliver to the national textile corporation, all assets, books of account, registers or 30 other documents in their custody relati'llg to the textile undertaking duty of peraons in charge of management of the textile un_ tajddp todeuver all se1ii, etc chapt~ v provisions uuting '1'0 diployus or the hxtll'ii: ul'fhiltakingscontinu ance of employees of the textile :un dertak_ inp 12 (1) every person who has been, immediate~y before the appointed day, employed by the company in relation to a textile undertakinl,35 shall become, on and from the appointed day, an employee of the national textile cor~o~ation and shall hold oftlce or service in that corporation with the same rights and privileges as to pension gratuity and other like matters as would have been admissible to him if the rights in,mlation to such textile undertaking had i10t been transferred to, and 40 vested: in, the national texttle corporation, and shall continue to do 80 unjeu and untu ma' employment in, that corporation i duly tennlnated or· until his remuneration, terms and conditions of employment are duly altered by that corporation 14 of 1947 (2) notwithstanding anything contained in the industrial disputes act, 194'7, or in any other law for the time being in force, the transfer 5 of the services of any officer or other person employed in a textile undertaking to the national textile corporation shall not entitle· such officer or other employee to any compensation under this act or any other law for the time being in force and no such claim shall be entertained by any court, tribunal or other authority provident and oth&lr funds 10 13 (1) where the company has established a provident fund, superannuation, welfare or other fund for the benefit of the persons employed in a textile undertaking, the moneys relatable to the officers and other employees whose services have been transferred hy or under this act to the national textile corporation shall out of the moneys standing, 15 on the appointed day to the credit of such provident fund, superannuation, welfare or other fund stand transferred to, and vest in, the natio'nal textile corporation (2) the moneys which stand transferred under sub-sect1on (1) to the national textile corporation, shall be dealt with by ·that corpora-20 tion in such manner as may be prescribed 14 where any textile undertaking or any part thereof is transferred under this act to a subsidiary textile corporation, every person referred to in section 12 shall on and from the date of· mtch transfer, become an employee nf the subsidiary textile corporation and the transfer of employees to a subsi diary textile corpora tion :15 provisions of !'lections 12 and 13 shall apply to such employee of the national textile corporation as if references in the said sections to the national textile corporation were referenre!'l to the subsidiary textile corporation, chapter vi 30 commlsstoneji of paymentspayments 15 (1) the central government shall, for the pul'posf' of clisburi'i'mr appointthe qmounts payable und r ~e('tions rand 9 to the company by nom- ment of cation, appoint a coldmi8~inner of payments commls-iioner of (2) the central govern1nent may appoint such other pel'5ons asit 35 may think flt to ass!!-1t the commissioner and thereupon the commissioner may authorise' one 01' more of such persons also to exercl~ all or any of the powers cxprdsable by him under this act and ditferent person!!! may be lmthm·jsp~ to exerd!lp different powen, (3) any person ruthorised by the commissioner to· exercise ady' of 40· the pow~ exerc1sabje by the commissioner may exereiw those! pmvers bl the same manner and with the sam elect as if tlley have been ,eonferred on that person directly by this ad and not by way gf authorisation (4) the 5rlar;es and allowances of the commissioner del otller persods appobated under tl1i!'l section shal1 be defrayed out of the con-45 solidated fund of jndia 16 (1) the central govcmmeat shall, within thirty dq from tjae specified date, pay in cash to the coidjiiissioder, for paymeat to the company, an amount equal to the amount specified in section 8 iidd the ts payawe to - company under seetion 9 payment by the central govern· ment to the com milaiooer (2) a deposit account shall be opened by the cental government 5 in favour of the commissioner in t'he public account of india, and every amount paid under this act to the commissioner shall be deposited by him to the credit of the said deposit account, and the said deposit account jlhall be operated by the commissioner (3) the interests accruing o'll the amount standing to the credit of 10 the deposit account referred to in sub-section (2) shall enure to the benefit of the company 17 • (1) the national textile corporation shall be entitled to receive, up to the specified date to the exclusion of all other persons, any money due to a textile undertaking, realised after the appointed day, notwitb- 15 standing that the realisation pertains to a period prior to the appointed day ce'i'taid power of the national textile corpora tion (2) the national textile corporation may make a claim to the commissioner with regard to every payment made by it as the authorised person in relation to a textile undertaking after the appointed day but 20 before the date i)n which the ordinance was promulgated for discharging any liability of the company in relation to any period prior to the appointed day, and· every such claim shan have priority, in aceordance with the priorities -attaehingj under this act to the matter in relation to which such liability has been discharged by the authorised 25 person 85 of 18151 (3) save as c'therwise provided in this art, the liabilities in relatlolj to a textile underteking in respect of any period prior to the appointed day which have not been discharged by the authorised person shan be the liabilitier of the comp8'l1y 30 erplanation-for the purposes of this section "authorised person" means the person authorised· to take over the management of any textile undertaking in pursuance of the ardb of the government of india in the late ministry of industrial develol)ment no 90 265 (e), 4ated the 13th l\pril 1978, issued under clause (vi) of sub-section 35 (1) of seclio'll 18aa of the industries (development and regulation) act, lel 18 every persc;>n having a claim agaizu;t the company in relation to 'the textile undertakings with regard to any of the matters specified in the ~hedule shall prefer such c1~im before the commissioner within thirty 40 days fr!»u the ~ifjed d,te: provided that if the commissioner is satisfied that the claimant wu prevented b~· sufticierit caule from preferring the claim within the said ~rioc:l~of thiny d&ys;· he fda, entertain the claim within a further period of timty drys, but not thereafter' 45 " ~ji~"' claims, arising qat of -matters specified in the schedule shau have priorities in accordance with the following principles, namely:- 'prior1tiii oic1a1m1 (ti) e~te~~y i $hail h-ave precedence· oye~ all other categories and category n shall have precedence over category m and so on; '(b) the claims specified in each of the categories, shall rank equally and 'be paid in full, but, if the amount is insufficient· to meet such claims in full, they shall abate in equal proportions and be paid accordingly; and 5 (c) the question of discharging ally liability with regard to a matter specified in a lower category shall arise only if a surplusis l~ft after meeting all the liabilities specified in the immediately higher category 20 (1) on receipt of the claims made under section 18, the commis-examination of claima 10 lioner shall arrange the claims in the order of priorities specified in the schedule and examine the same in accordance with such order (2) if on examination of the claims against the company, the commissioner is of the opinion that the amounts paid to him under this act for payment to such company are not sufficient to meet the liabilities 15 specifiea in any lower category, he shall not be required to examine any claim in respect of such lower category 21 (1) after examining the ~laims agamst the company with reference to the priorities set out in the schedule, the commislioner shall fix a date on or before which every claimant shall file the proof of his claim admission or rejection ot claims 20 (2) not less than fourteen days' notice of the date so fixed shall be given by advertisement in one issue of any daily newspaper in the english language having cireulation in the major part of the country and in one issue of any daily newspaper in such reglonal language as the commissioner may consider suitable, and every such notice shall call upon the 25 claimant to file the proof of his clainl with the commissioner within the period specified in the advertisement (3) every claimant who fails to file the proof of his claim within the period speclfied by the commissioner shall be excluded from the disbursements made by the commissioner 30 (4) the commissioner shall, after such investigation as may, in his 'opinion, be necessary and after giving the company an opportunity of refuting the claim and after giving the claimant' a reasonable opportunity of being heard, by order, in writing, admit or reject the claim in whole or in part __ • , --~ -- - 35 (5) the commissioner shall have the power to regulate his own procedure in all matters arising out of the discharge of his functions, including the place or places at which he may hold his sittings and shall, for the purpose of making any investigation under this act, have the same powers as are vested in a civil court under the code of civil 40 procedure, 1908, while trying a suit, in respect of the following mattea, namely:-j sot 1908 (a) the summoning and entorcing the attendance of any witness and examining him on oath; (b) the discovery and production of any document or other mat~ object producible as evidence; (c) tbereception of evidence on affidavit; , (d) the issuing of a~ commission for ·theaxamination 'of' witneue& (6) any investigation before the commissioner shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the iridian penal code, and the commissioner shail be deemed to be a civil 45 of 1860 court for the purposes of section 195 anq, chapter xxvi of the code of criminal procedure, 1973 - • 5 2 of 1874 (7) a claimant who is dissatisfied with the decision of the commissioner, may preier an appeal against the decision to the principal civil court of original jurisdiction within the local limits of whose jurisdiction the registered office of the company is situated: f>rovided that where a person who is a judge of a high court is 10 appointed to be the commissioner, such appeal shall lie to the high court of allahabad pnd such appeal shall be heard and disposed of by not less than two judges of that high court 22 (1) after admitting a claim against the company under this act, the amount due in respect of such claim shall be paid by thet com- j 5 missioner to the person or persons to whom such amount is due and on such payment, the liability of the company in respect of such claim shall stand discharged disburse· ment of money by the commissioner to claimant (2) if, out of the moneys paid to him in relation to the textile undertakings, there is a balance left after meeting the liabilities as speci- go tied in the schedule, the commissioner shall disburse such balance to the company 23 any money paid to the commissioner which remains undisbursed or unclaimed on the date immediately preceding the date on which the office of the commissioner is finally wound up, shall be transferred !25 by the commissioner before his office is finally wound up, to the general revenue account of the central government, but a claim to any money so transferred may be preferred to the central government by the person entitled to such payment and shall be dealt with as if such transfer had not been made, and the order, if any, for payment of the claim 30 being treated as an order ·ror the refund of revenue undiabuned or un claimed amount to be depositedwl;h the pneral revenue account chapter vii miscellaneousact to have overridin, d'ect k the provisions of tliis act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being 35 in force or in any instrum~nt having effect by virtue of any law, other than this act, or in any decree or order of any court, tribunal or other authority abbump tion of liability 25 (1) where ally liability of the comp y in relation to any textile undertaking alisin, out of any item &peeifted in ipart i of· the sche- 40 dale is dot discharged fu1ly by the coaanu,sio er out of the ajdounil ,w to him udder this ad, the commi88ioner shan intimate in writin, to the central government the extedt of the liabwty 'which remains mullleharged that liahility shall be auumed by the central govern-c ,~ - • ~ 45 (2) the central govenament liuly, by order, dlreet the national tatile corporation to take over the liability a_ed by the central govenunedt uader aub-seetion (j), and on receipt of aueh direction, it 11 be the duty of that corporation to uehar •• sueh iiabiuty 5 • every contract, entered into by the company in relation to any textile undertaking which has vested in the national textile corporation under sub-section (2) of section 3, for any service, sale or supply and in force immediately before the appointed day, shall, on and from the expiry of a period of one hundred and eighty aays from the date on contracta to cease to have effect unless ratified by national textile corporation j 0 which the ordinance was promulgated, cease to have effect ur11ess such contract is, before the expiry of that period, ratified in writing by the national tetxilc corporation, and in ratifying such contract, the national textile corporation may make such alterations or modifications therein as it may think fit: 15 provided that the national textile corporation shall not omit to ratify a contract and shall not make any alteration or modification in a contract-(a) unless it is liatisfied that such contract is unduly onerous or has been entered into in bad faith or is detrimental to the interests of the textile undertaking concerned, and 20 (b) except after giving the parties to the contract a reasonable opportunity of being heard and except after recording in writing its reasons for refusal to ratify the contract or for making any alteration or modification therein 27 any person who,-penalties <a) having in his possession, custody or control any property forming part of any of the textile lmdertakings, wrongfully withholds such property from the national textile corporation; or (b) wrongfully obtains possession of, or retains any property 30 forming part of any of the textile undertakings; or (c) wilfully withholds or fails to furnish to the national textile corporation or any person or body of persons specified by that corporation, any document or inventory relating to any of the textile undertakings which may be in his possession, custody or control; 35 or (d) wilfully fails to deliver to the national textile corporation any inventory or property and assets forming part of any of the textile undertakings; or (e) fails to deliver to the national textile corporation or any person or body of persons specified by that corporation, any assets, books of account, registers or other documents in his p0ssession, custody or coutrol relating to any of the textile undertakings; or (f) wrongfully removes or destroys any property forming part of any of the textile undertakings or prefers any claim under this 45 act which he knows or has reason to believe to be false or grossly inaccurate, siiall be punishable with imprisonment for a term which may extend to two years and with fine which may extend to ten thousand rupees • by com_ panies 18 (1) wbere an ojiwae under thi~ act hal beed commit! b; a compuy, every pe1'iigil wbo, at the· time t8e otl'ence was ooll'lllllueg, was in charge of, and was responsible to, the company for ihe -coaduct of the busmen·of the company, as well as the compaay, shall be deemed to be guilty of the ouence and shall be liable to be proceeded against and punished accoldingly: provided that nothing contained in this sub-section shall render any such person liabje to "any punishment, if' he proves that the otfelu:e was committed without his knowledge or that he had exercised all due dill:-gence to prevent the commission of such offence (z) notwithstanding anything contained in sub-section (2), where any offence under this act has been' committed by a c~mpany 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 comp~y, such director, 15 manager, secretary or other officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly e~lanation-for the purposes of this section,-(a) "company" means any body corporate and includes a firm or 20 other association of individuals; and (b) "director", in relation to a firm, means a partner in the firm protection of action taken in ~ •• (1) no suit, prosecution or other legal proceeding shall lie against the central government or any officer of, or other person authorised by, that government or the national textile corporation or any subsidiary 25 textile corporation or any officer of, or other person authorised by, such corporatioll for anything which is in good faith dade or intended to be done undel' this act (2) no suit or other legal proceeding shall lie against the central government or any ofticer of, or other person authorised by, that 30 government, ()l! the national textile corporation or any subsidiary textile corporation· or any officer of, or other person authorised by, such corporation for apy damage cauled or likely to be caused by anything whk:h is in good faith done or "intended to be done under this act dele,-tioq of poweiw 30 (1) the central government may, by hotification, direct that all 35 or any of the powers exercisable by it under this act, other than the powers conferred by this section and sections 31 and 32, may also be exercised by such person or persons as may be specified in the notification (2) whenever any' delegation of power is made under bub-section (1), the person to whom'such power has been delgated shall act under 40 the direction, control anc;l supervision of the ce~~al goverddledt 31 h) the central government may, by notificatio~, make' rules for carryiaa out the provisions of this act (2) in particular, and without prejudice to the generality of the !0n-going powers, such rules may provide for all or any of the following matters, namely:-(a) the time within- which, and the manner in which, an intima-s tion referred to in sub-section (4) of section 4 shall be given; (b) the manner in which the moneys in any provident fund or other fund, referred to in sub-section (2) of section 13 shall be dealt with; - (c) any other matter which is req:uired to be, or may be pres-10 cribed (3) every rule made by the central government under this act sl1all 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, 1 s before the· expiry of the session immediately following the session or the successive sessions aforesaid, both houst"~ agree in making any modiflcation 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 20 annulment shall be wftnout prejudice to the validity of anything previously done under that rule power to remove di1uculties 32 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: 2s provided that no such order shall be made after the expiry of a period of two years from the date on which the ordinance was promulgated :13 (1) the swadeshi cotton mills company umited (acquisition and repeal 5 of 1986 transfer of undertakin~~) ordinance ]986, is hereby repealed and saving (2) notwithstanding such repeal anythin·g done or any action taken 30 under the ordinance so repealed shall be deemed to have been done or taken undet: the corresponding provision~ of this act the schedule[see sections 18, 19, 20 (1), 21 (1), 22 (2) and 25 (1) j order 0 prjojt1tibs "or the discharce of liabillties of 'me company35 party cdtegory 1 employees' dues on account of unpaid salaries wages, provident fund, employees' state insurance contribution or premiums relating to the w insurance corporation of tndia and any other ajdounts1iue to employe •• 40 in respect of any' period whether before ot' after the date of takiftg over of the textile undertakings categof'y 11 secured loans obtaided from natlanalfsed banks and public financial tllfltftutfnns other than the natfonal text~le corporation tn respect of any period whether before or after the date of taking over of the textile undertakinp categcwy iii any credit availed of for trade or manufacturing purposes during the post-take over management period s patego"1l iv revenue, taxes, cesses, rate or other ~ues to the central government, state government and local ,"uthorities for the period after the date of taking over of the texttle underakings 10 part iicategory v revenue, taxes, cesses rate or other dues to the central government state government and local autoorittes or state electricity boards for the pre-take aver management period category vi is any credit availed of for trade or manufacturing purposes during the pre-take over mlll1agement period statement of objects and reasonsthe management of six textile undertakin~ of the swadeshi cottall mills company limited, kanpur was taken over by the central government under section 18aa of the industries (development and regulation) act, 1951 on the 13th day of april, 1978 after such take over, large sums of money had been invested with a view to making the said undertakings viable and the liabilities of the undertakings were also frozen under an order issued under the industries (developme'l1t and regulation) act further investment of money is also necessary for jhe purpose of securing the optimum utilisation of the available facilities by the said undertakings and for th~ continued employment of the workmen employed therein in addition, the order freezing the liabilities of the undertakings was expiring on the 19th of april 1986 and it could not be further extended beyond that date as the maximum period specified under the industries (development and regulations) act was expiring on that date the s~adeshi cotton mills company limited (acquisition and transfer of undertakings) ordinance, 1986 was, therefore, promulgated by the president on the 19th april, 1986 to provide for the acquisition of all the six undertakings of the company 2 the bill seeks to replace the aforesaid ordinance new db:lhi; the 28th april, 1986 khurshed alam khan president's recommendation under article 117 of the constitu'l'ion of india[copy of letter no 1011186-csm, dated the 30th april 1986 from shri khurshid alam khan, minister of state of the minist,·y of textils to the secretary-general, lok sabha] the president having been informed of the subject matter of the swadeshi cotton mills company limited (acquisition· and transfer of undertakings) bill 1986 recommencis under clause (1) of article 117 of the constitution of india, the introduction of the said bill in lok ,sabha and also recommends under clause ('3) of the same article 117; the coa tideration of the bill by lok sabba clause 8 of the bill provides for the payment in cash and in the manner specified in chapter vi of the bill, by the central government to the company, an amount equal to rs 2432 crores for v~ting in the central government the right, title and interest of the company in relation to t~ textile undertakings of the swadeshi cotton muls company limited 2 sub-clause (1) of clause 9 provides for the payment in cash of an amount calculated at the rate of rs 10,000 per annum to the company for the deprivation of the company of tqe management of its undertakings, for the period commencing on the date on which the management of the textile undertakings of the company was taken over in pursuance of the order made by the central government under the industries (development and regulation) act, 1951 and e'11ding on the appointed day it is estimated that the' amount payable under the said sub-clause (1) of clause 9 is likely to be of the order of rs 70,000, 3 sub-clause (2) of clause 9 provides for the payment in cash of an amount calculated at the rate of rs 10,000 per annum to the company in consideration of the retrospective operation of the provisions of clauses 3 and 4 of the bill for the period commencig,g on the appointed fjay and ending on the date on which the swadeshi cotton mills company limited (acquisition and transfer of undertakings) ordinance, 1~ was promulgated it is estimated that the amount payable under sul:m:lause (2) of clause 9 is likely to be of the order of rs 10,000 4 sub-clause (3) of clause 9 provides for payment of simple interest on the amounts referred to in clause 8 and the amounts determined in accordance with the provisions of sub-clauses (1) and (2) of clause 9, at the rate of 4 per cent per annwn, for the period commencing on the appointed day and ending on the date on which payment of such amounts is made by the central government to the commissioner it is estimated that the interest payment in terms of the provisions of the said sub-clause is likely to be of the order of rs 811 lakhs per month 5 under clause 15 of the bill, a commissioner of payments shall be appointed by the central government with adequate staff to assist him for the purpose of discharging the functions indicated in chapter vi of the bill the sa!aries and allowances of the commissioner of payments and his staff ana expenditure on oftlceand establishment will be defrayed out of the consolidated fund of in~~ the estimated expenditure on this account is likely to be of the order of rs 45,000 per month 6 under clause 25 of the bill, the central g~vernment shall assume liabilities in relatian to any textile undertaking arising out of any item specified, in part i of the schedule to the bill, which is not discharged fully' by the commissioner out of the amounts paid to him under the aforesaid provisions the commissioner of payments is· required to intimate in writing to the central government the exte'l1t of the liability which remains undischarged and that ~iability shall be assumed by the central government the exact quantum of the liability will be worked out by the commissioner of payments it is, however, estimated that the total liability arising out of this clause is likely to be of the order of rs 15 crore's 7 funds will also have to be provided to these undertakings for further investment necessary for the purpose of securing the optimum utilisation of the available' facilities for the manufacture, produeuon add distribution of cloth and yarn it is estimated that the requirement of funds for this purpose is likely to be of the order of rs 37 crores 8 during the initial period till these investments are completed, the undertakings are liable to incur losses which may have to be recouped by the central government the exact quantum of losses cannot be estimated at present 9 the bill, if enacted, is not likely to involve any other recurring or non-recurring expenditure clause 31 of the bill empowers the central government to make rules to carry out the provisions of the bill such rules may provide for matters such as-:-(a) the time within which and the manner in which an intimation referred to in sub-clau'se (4) of clause 4 of the bill shall be given; (b) the manner in which the moneys in any provident fund or other fund referred to in sub-clause (2) of clause 13 shan be dealt with 2 the matters in respect of which rules may be made, are matters of procedure and administrative detail and it is 'dot practicable to provide for them in the bill itself the delegation of the legislative power is therefore, of a norma' character to provide for the acquisition' and transfer of certain textile undertakings of the swadeshi cot:on mills company limited with a view to securing the proper management of such undertakings so as to subserve the interests of the general public by ensuring the continued manufacture, production and distribution of different varieties of cloth and yam and thereby to give effect to the policy of the state towards securing the principles specified in clauses (b) and (c) of article 39 of the constitution and for matters connected therewith or tcidental thereto '-- ,~ (shri icjawhid a14m lc1wm, - mimster of state of the ministry tif textile • ) | Parliament_bills | 7fed3117-a0e7-52e9-b74f-b4bfc496c4b6 |
2 s ap~ ,gaf bill no 46 of 1985 the railways bill, 1988 - arrangement of clauses clauses1 short title and commencement 2 definitions chapter ii railway administration3 zonal railways 4 appointment of general manager chapter m commissions of railway san:rr5 appointment of chief commissioner of railway safety add commissioners of railway safety 6 duties of commissioner 7 powers of commissioner 8 commissioner to be public servant 9 facilities to be afforded to commissioners chapter iv construction and maintenance of works10 power of railway administrations to execute all necessary works 11 power to alter the position of pipe, electric supply line, drain or sewer, etc 12 protection for government property 13 temporary entry upon land to remove obstruction, to ~ or to prevent accident 14 payment of amount fo;r damage or loss 15 accommodation works 16 power of owner, occupier, state goveriunent or local authority to cause additional accommodation works· to be made 17 fences, gate~ and bars 18 overbridges and underbridges chapter v,: { " ~ 01' railways ~vbes19 sanction of ,the central government to tj1e opening of railway 20 formalities to be complied with before giving sanction to the /0 opening of a railway : 21 sections 19' and 20 to apply to the opening of certaln works 22 temporary suspension of traftic ?-1 power to close railway opened for the public carrjage of passengers 24 re-opening of closed railway 25 use of rolling stock 28 delegation of powers 27 power to make rules in respect of matters in this chapter chapter vi fixation 01' rates28 power to fix rates 29 power to classify commodities or alter rates 30 power of railway administration to charge certain ratel chapi'er vn railway rates 'l'ilnrunal31 constitution of the railway rates tribunal 32 staff of ~he tribunal 33 sittings of the tribunal 34 complaints against a railway administration ~ matters not within the jurisdiction of the tribunal 36 powers of the tribunal 37 reference to the tribunal 38 assistance by the central government • burden of proof, etc 40 decision, etc, of the tribunal 41 bar of jurlldiction of courts 42 reuefs which the tribunal may grant 43 revision of decisions given by the tribunal 44 ex:ecution of decisions or orders of the tribunal 45 report to the central government 46 power of the tribunal to make regulations c}tapter vm carriage 01' passengers47 exhibition of certain' timings and tables of fares at station •• 4& supply of tickets on payment of fare clausib49 provision for case in which ticket is h8ued for ~888 or tram not having accommodation for additional pll8eftpl'l, 50 cancellation of ticket and refund 5l prohibition against transfer of certain tickeils 52 exhibition and surrender of passes and tickets 53 prohibition against· travelling without pass or ticket 54 power to refuse to carry persons suffering from infectious contagious diseases 55 maximum number of passengers for each compartment 56 earmarking of compartment, etc'j for ladies 57 communications between passengers and rallway t incharge of trains 58 power to make rules in respect of matters in this chapter chapter ix carriage of goods59 ~tenance of rate-books, etc, for carriage of goods 60 conditions for receiving, etc, of goods- 61 provision of risk rates 62 forwarding note 63 railway receipt 64 power to require statement relating to the description of goods 65 carriage of dangerous or offensive goods 88 carriage of animals suffering from infectious or contagious diseases fyi deviation of route 68 prohibition of undue preference 69 power to give directions in regard to carriage of certain goods 70 maximum carrying capacity for wagons and trucks 71 punitive charge for overloading a wagon 72 passing of property in the goods covered by railway rece:pt 73 section 72 not to affect right of stoppage in transit or claima for freight 74 surrender of railway receipt 75 power of railway administration to deliver goods or sale proceeds thereof in certain cases ' , 76 power to measure, weigh, etc 77 weighment of consignment on the request of the consignee or endorsee 78 ijability of railway administration for wrong delivery 79 open delivery of consignments 80 partial delivery of consignments cla'cses81 lien for freight or any other sum due 82 unclaimed consignment 83 disposal of perishable consignments in certain circumstances 84 sales under sections 81, 82 and 83 not to affect the right to suit 85 power to make rules in respect ot matters in this chapter chapter x special provisions as to goods booked to no'tlfied stations86 definitions 87 power to declare notified stations 88 disposal of unremoved goods at notified stations 89 price to be paid to person entitled after deducting dues 90 power to make rules in respect of matters in this chapter chapter xi responsmni:ties of railway admlnistltation as carriers91 general responsibility of a railway administration as carrier of goods 92 goods to be loaded or deliverpd at a siding not belonging to a railway administration 93 goods carried in open vehicles 94 delay or detention in transit 95 traffic ~ing over railways in india and railways in foreign countries 98 goods carried at owner's risk rate 9'1 goods in defective condition or defectively packed 18 responsibility of a railway administration after termination of trldllt 99 responsibility as carrier of luggage 100 responsibility as a carrier of animals 101 exoneration from liability in certain cases 102 extent of monetary liabiijty in respect of any consignent 103 right of railway administration to check contents of anv goods or luggage 104 notiee of claim for compensation and refund of over charge 105 suits for compensation' for loss, etc, of goods 106 person entitled to claim compensation 107 suits for compensation for personal injury, etc 108 burden of proof 109 extent of liability of railway administration in respect of accidents at sea 110 power to make rules in respect of matters in this, chapter chapter xii aa:ml::nts clauses111 notice of railway accident 112 inquiry by commissioner 113 inquiry by railway administration 114 powers of commissioner in relation to inquiries 115 statement made before commissioner 116 procedure, etc 117 no inquiry, investigation, etc, to be made if the commiiiion of inquiry is appointed 118 inquiry into accident not covered by section 111 119 returns i 120 power to make rules in respect of matters in this chapter - chapter xin liamlity or railway administration roa dmtk anj) injl7ii1' to passbngebs dull: to accjdii:r'l's121 definitions l22 extent of liability 123 claims commissioner 124 application for compensation 125 interim relief ,by railway administration 126 procedure and powers of claims commissioner 127 claims commissioner to decide the liability to pay compensation, etc 128 determination of compensation in respect of death 129 provision for medical examination of persons injured 130 determination of compensation in respect of any injury or loss of goods 131 payment of compensation i 132 appeals against the decision of a claims commissioner 133 saving as to certain rights 134 power to make rules in respect of matters in this chapter chapter xiv rmula'l'10n of houbs of work and pbrlod or iidt135 definitions 136 chapter not to apply to certain railway servants 137 limitation of hours of work 138 grant of periodical rest 139 railway servant to remain on duty 140 supervisors of railway labour 141 power to make rules in respect of matters in this chapter chapter xv penalties and 0fi'enc:rs claus1'8142 fraudulently travelling or attempting to travel without proper - pass or ticket 143 levy of excess charge and fare for trave1ltng without proper pass or ticket or beyond authorised distlace 144 power to remove persons 145 security for good behaviour in certain cases 14& needlessly interfering with means of communication in a tnin 147 penalty for transfer of tickets - 148 penalty for unauthorised carrying on of business of procur1dg and supplying of rail way tickets 149 prohibition on hawking, etc, and belling 150 drunkenness or nuisance 151 obstructing railway servant in his duties 152· trespass and refusal to desist from trespass 153 penalty for making a false statement in an application for compensation 154 making a false claim for compensation 155 maliciously wrecking or attempting of wreck a train 1~ damage to or destruction of certain railway propertle& 157 maliciously hurting or attempting to hurt per80ds ~ by' railway i 156 endangering safety or persons travelling by railway by wilful act or omission 159 endangering safety of persons ,travelling ,by railway by rash or negligent act or omission 160 entering into a compartment reserved or resisting entry into a compartment not reserved i' 161 entering carriage in motion or otherwise improperl1 travelling on a railway ~ 162 travelling on roof, step or engine of a train 163 altering or defacing pass or ticket 164 penalty for contravention of any of the provisions of chapter xlv 165 disobedience of or drivers or condu~s of vehicles to directions of railway servant, etc 166 opening or breaking a level crosaing gate 167 cattle trespass ' 168 negligently crossing unmanned level crolllling 169 entering carriage or other ~ reaerved for females 170 giving false account of goods 111 unlawfully bringing dangerous goods on a railwar 172 ·unlawfully bridging offensive goods on a railway clauses173 deiaclngpublic notices 174 'smoking 175 travel on railway with-infectious or contagious dlleaae 176 provision with respect to commis'sion· of offence by the childred of acts ellciangering safety of pertoil travellingoll railway 177 levy of penalty on:non-govemment railway 178 recovery of penalty 179 section 177 or 178 not to preclude central government from taking any other action 180 penalty for drunkenness 181 abandoning train, etc, without authority 182 obstructing rwming of train, etc 183 endangering the safety of persons 184 obstructing level ,,"ossing 185 false returns 186 making a false report by a rtrllway servant 187 penalty for wilfully permitting a person suffering from any infectious or contagious disease to travel -188 omission to give notice of accident 189 arrest fqr offences under cenain sections 190 arrest of persons likely to abscond, etc 191 magistrate having jurisdiction upder the act 192 place of trial i itf - chapter xvi miscellaneous193 power to provide other transport services 194 taxation on railways by local authorities 195 taxation on railways for advertisement 196 bar of jurisdiction of civil courts 197 protection of action taken in good faith 198 restriction on execution aeainst railway property 199 railway servants to be public servants for the purj)oses of chapter ix and section 409 of the indian penal code 200 railway servants not to engage in trade 201 procedure for delivery to railway administration of property detained by a railway servant 202 proof of entries in records and documents 203 service of notice, etc, on :railway administration 204 service of notice, etc, ,by railway administration 205 presumption where notice is served by' post 206 representation of railway administration 207 power to exempt railway from act clausib208 matters supplemental to the deftnitions of "railway" and "railway servant" 209 general power to make rules 21,0 rules to be laid before parliament 211 repeal and saving the schedule a billto coftboudate and amend the law relating to r"ilw4111 be it enacted by parliament in the thirty-seventh 'year of-·tho republic of india as follows:- chapter i pal:liminaby5 1 (1) this act may be called the railways act, 1986 short title auf c:omen""" meilt (2) it shall come into force on such date as the central government may by notification ill: the official gazette, appoint: provided that different dates may be appointed for different provisions of this act, and any reference in any such provision to the co~eilcement 10 of' this act shall be construed as·a reference to the coming into foree of that provision 2 in this act, unless the context otherwise requires,-jlegaj lion •• (1) "authorised" means authorised by a railway administration; (2) "carriage" means the carriage of passengers or goods- by a 15 ' railway administration; ,(3) "classification" means the classification of commodities made under section 29· for the purpose of determining the rates, to be charged for carriage of such commodities; (4) "cl~ss rates" mean's the rate fixed fot' a class of commodity in 20 the classification;' (5) "commissioner" means the chief commissioner of railway safety, or the commissioner of railway safety appointed under section 5; (6) "commodity" mean~ a, !ped6c item of goods; - ':,p - - (7) "codaignee" means the ~'t1lgft named as ~onsipee in a railway receipt; :'" \ i ' · (') "codaipunent" means goods ~ted to a railway admidiltration for carriale; ~ \ ' i ' (9) "consignor" means the person, nam~ ill a rauway' r~t u cou1por, by whom or on whose behalf goods ~ji'ij'i'ied ,by the riilway receipt are entrusted to a railway administratiorr ,for carriage; (10) "demurr" means the charge levied for !the' ~etention of any rolling stock 11th the expiry ot free tim~ it ajiy~ allowed for 10 such detention; " ,~ (11) "endorsee" means the person in whose favour an l'u:doraement is matt_ and in the case of successive endorsements, the '8ftiqd in whose favour the last endorsement is made; ,,' \ (12) "endorsement" means the signing by the consignee or t1i~ '\ i endotsee· aftft' -adding q direction on a railway receipt to pais the property in the goods mentioned in' such receipt to a specified person; (13) "tare" mean! the charge l~vied for the carriage of passen- cera; , , (h) "ferry" includes a bridge of boats, pontoons or rafts, a swang, ~ pridget a fty-bridge- and a temporary bridge and' the approachea to, an~lancltng plaeesofj aferry j (15) "forwarding n:lte" means the document executed under section 62; (16) "freight" means the charg~ levied for the carriage of goods 25 including transht~ent charges; if 'any; (17) "general manager" means the general manager of a zeaal raijwa~' appointed under section 4; 4 (1') "l(jods" includes animals; , (19) "goverament railway" mens a railway owned by thq30 central government; (20) "in transit" in relatibn to the carriage of goods by railway, means the period wtween the·,oommencement aud the termiaatlon of tranlit of such'~; and unless otherwise previously detennined-(ci) transit commences as soon as the railway receipt is ibaued 35 or the conalpment il loaded, whichever is earlier; ~ or; ' (b) transit termtdates on the 'expiry ot the tree time,aj,jowed for unloading ot consignment from any' rolling 'stock and wjaere ~ unloading lu" been,'completed within·such free time, tradiit terminates on the expiry of the free time allowed, for the zoe- 40 i"" , ~v" l of the goocisfr:om the railway premises; ~ "level cl"ossing" means an inter-ieetioj:l otaroad 1vith li=i 04 r~ at the sam~ lenel: ' (22) "luggage" melln9 tbe gqods of a pas~er either' carried by j:wn in his charge or entrusted to a railway admin1strati~ for carriage; (23) "lump sum ra,te" means the rate mutuau1y ~ upon between a railway a~stration and a co~~r for the" carriage of iqods and for any service in relation to such can1age; , " -(24) "non:oovemment raitway" means a rafiway other than a government railway; (~) "notification" means a notification published in the official g~ette; 10 (2~) "parcel" means goods entrusted to a railway -admini!!ltration for carriage by a passenger or a parcel train; (27) "pass" means ;m rmthority given by the ceratl'al govemment or a railway administration to a perscm allowing him to tl'avei as 11 passenger, but does not include a ticket; (28) "passsenger" means a person travelling witb a valid pass or 20 ~cket; act: (29) "prescribed" means prescribed by rules made under thil' (30) "railway" means a railway, or any portion of a railway, for the public carriage of passengers or goods, and includes-(a) all 'lams within· the fimces or ether' bowlury mara indicatilig the limits of, the land 'appurtenant to a railway; (b) all lines of rails, sidings, or yards, or branches uied for the purposes of, or in connection with, a railway; (c) all rolling stock stations, offices, warehouses,wbarves, workshops, manufactories, fixed plant and machinery, roads and streets, running rooms, r~t ho~es, institutes, hospitals, water viorks and water sujply, mnations, staff dweuings and ady other works constructed for the purposes of, or in connection with, railway; and (d) all vehicles which ar~ used on any road for tbe purposes of traftlc of a railway and owned, hired' or worked by aiatlway; and 35 (e) all ferries, shipb, boats and rattswhu;h are· w;ed,0a, any canal, river, l~~or otherna~qle inlejjd,ten for die ",arposes of the' traftic of a rauway and owned; hired or wor"'ked by a railway administrction" but does not include-40 (i) a tramway wholly within a municipal area; and (ii) lines of raus buil~ in any exhibwon grolldcl, fair, park, or ~\dy other place so~ely for the p1q'pose of ~cnatiod; (31) "railway administration", ir re:lition to-45 (a) a govenunent railway means the ·otmeral 'manafer' of_ zonal railway; and (b) a non-govern~t railway, means t,be pel"8on who i8 the owner or lessee of the railway or the person worldtlf the tan_ay 'wider an'agte~ment; (32) "railway receipt" means the receipt issued under ilaetion a; (83) "railway servant" means any person employed by the central government or by a railway administration in connection with the service of a railway; (84) "rate" includes any fare, freight or any other charge for the 'carriage of any passenger er goods; 5 (35) "regulations" means the regulations made by the railway rates tribunal under thi!:j act; "(36) "rolling stock" includes locomotives, tenders, carriages, wagons, rail-cars, containers, trucks, trolleys and vehicles of all kinds moving on rails; 10 (37) "station to station rate" means a special reduced rate applicable to a specific commodity booked between specified stations; (38) "ticket" includes a single ticket, a return ticket and a season ticket; (39) "traffic" includes rolling stock of every description, as well j 5 as passengers and goods; (40) "tribunal" means the railway rates tribunal constituted under section 31; (41) "wharfage" means the charge levied on goods for not removing them from the railway after the expiry of the tree time for 20 such removal; (42) "zonal railway" means a zonal 'railway constituted under section 3 chapter it ra:ilway administrations25 zcmal aahway, "cl, (1) the: central government may, for the purpdse of the efjlcient administration of the government railways, by notification, constitute such'ra,uways into as many zonal railways as it may deem fit and specify in', such notification the names and headquarters of such zonal railways -and the areas in respect of which they shall exercise jurisdiction go (2) the zonal railways existing immediately before the commencement of this act shall be deemed to be zonal railways constituted under sub-section (1) ,', (3) the central government may, by notification, declare any unit of the railways engaged in research, development, designing, construction 35 or prodution of rolling stock, its parts or other equipment used on a !ailw~, to be a zonal rallway (4) the central gove,rnment may, by notification, abolish any zonal rafl~1 or constitute any new zonal railway out of any existing zonal rallway or zonal railways, change the name or headquarters of any zonnl 40 aanway ,or determine the areas in respect of which a zonal railway shall carerciie jurisdiction j (1) the central government shall, by notification, appoint a pe1'iojl -to be the general manager of a zonal railway appoiat_ meat of gederal manager (2) th~ genet:a1 superintendence and control of a zonal railway shall vest in the general manager , 5 chapter iiicommissioners of railway 8apety appoint-s the central government may appoint a person to be the chief meat commissioner of railway safety and such other persons as it may comdder of chief commisnecessary to be the commissioners of railway safety sioner of raijway safety and colddlissionera of railway safety 10 6 the commissioner 'shall-(a) inspect any railway with a view to ~etermine whether it is duties of fit to be opened for the public carriage of passengers and report thereon commis" to the central government as required by or under this act; , ianel (b) make such periodical or other inspections of any j'ailway or of any roilijlg stock used thereon as the central government may direct; (c) make an inquiry under this act into the cause of any accident on a railway; and llo (d) discharge such other duties as are conferred on him by e)i' under this act 7 sublect to the control of the central government, the commissioner, powers of ~~ whenever it is necessary 'so to do tor any of the purpoles of this act, may-own ~ (ii) enter upon and inspect any railway or any relling stock: ued ioner thereon; (b) by order in writing addressed to a rail way admidistratiod, require the attendance before him of any railway servant and to require answers or returns to such enquiries as he thinks fit to make from such railway servant or from the' railway administration; and so (c) require the production of any ~k, docwnent or material object belonging to or in the possession or control of any rauway admintsttation which appears to him to be necessary to in'spect 8 the c()mmissioner shall be deelneci to be a public servant within the meanmg of section 21 of the indian penal code 4s of 1860 {)muniitiodii' to bo' pablic 'servaat t a j'auway administration shall afford to the commissioner all facilfti "s5·:reuonable tcuities for the diseharge of the duties or for the exerciae of to bo ~ powersijdposed or conferred on him by or under this act atronled to eommill- chapter iv consiructlo~ and maintllnance of worespower of radway administrations to eucule all neces aary works 10 notwithstanding anything contained in any other law for the tiule being in force, but subject to the provision's of this act and the provlstoda of any law for the acquisition of land for a public parpose or for com-5 panies, and subject also, in the case of a non-govermnent railway, to the provisions of any contract between the non-government railway and the central government, a railway administration may, for the p~ of constructing or maintaining a railway-(a) make or construct in or upon, accross, under or over any 10 lands, or any streets, hills, valleys, roads, railway, tramways, or any rivers, canals, brooks streams or other waters, or any drains, waterpipes, gass-pipes, oil-pipes, sewers, electric supply lines, or telegraph lines, such temporary or pennanent inclined-planes, arches, tudnels, culverts, embankments, aquaducts, bridges, roads, lines of rails, ways, 15 passages, conduits, drains, pienlw cuttings and fences, in-take wells, tube wells, dams, river training and protection works as it thinks proper; ~ (b) alter the course of any rivers, brooks, streams or other water courses, for the purpose of construction and ~~ t~ls, 20 bridges, passages or other works over or under them' '8nd divert or alter either temporarily or pennanently, the course of any rivers, brooks, streams or other water courses or any roads, streets or ways, or raiweor sink the level thereof, in order to' carry them more cod-veniently over or under or by the side of the railway; 25 (c) make drains or conduits into, through or rlnder any lailds adjoining the railway for the p~rpose of conveying water from or to the railway; (el) erect and construct such houses, warehouses, omces and other buildings, and such yards, stations ~harves, en,eines, ,machi- qo nery apparatus and other works and conveniences as the railway" administration thinks proper; (e) alter, repair, or discontinue such buildings wor~ and, conveniences as aforesaid or any of them and substitute others in their stead· • , i ,<i;" , ~ ~~ (j) erect, operate maintain or repair any tel'~h and tele· phone lines in connection with the working of the' r8uway; and (g) do all other acts necessary for making, maintaining, altering or repairing and using the railway, 11 (1) a railway administration may, for the purpose of e~ 40 the powers conferred on it by this act, alter the position 'of any 'ptpe for the supply of gas, water oil or compressed air, or the position of lny electric supply line, dr~n or sewer: ~to ,tiie of , c:tric' ", ude drain or 8~, etc provided that before altering the position of any s-"lcb pipe, ;eleetric supplylifte, drain or sewer, the railway administration shlll·gte~ '45 indicating the time at which the work of sueb alteratlon'sid:_ mance, to the local authority or ot,per person having control oftr the pipe, e1eetric supply line, drain or sewer (2) the railway adminiatl'ation shall execute the work referred· to in sub-aeetiar (1) to the reasonalxe,satisfaction ef the 10aal authority or the pel'bon receiving the notice under the proviso to su~ (i) 12 nothing in sections 10 and 11 shall authorise-5 protectioil for ocmm-blollt'"'" perty (a) a railway adminjs~ation of the governmept railway to do anything on or to any work$, lands or buildings vested in, or jn the pouession of, a state government without the consent of that gov ·erament; and 10 (b) a railway administration of a non-government railway to do anything on or to any works, lands or buildings vested in, or in the poaession of, the central government or a state government witbout the consent of the government concerned 13 (1) where in the opinion of a railway administration-15 temporary elltry upoll iluid to remove obit! uc:tioil, to repair" or to prevcilt accident, (4) there is imminent danger that any tree post or structure ~y fall on the railway so as to obstruct the movement of rolling stock; (b) any tree, post, structure or light oqstructs the view of any signal provided for movemert of rolling stock; or (c) any tree, post or structure obstructs any telephone or telegraph line maintained by it, 20 it may take such steps as may be necessary to avert such danger or ~ve such obstruction and s'lbmit a report thereof to the centre! government in such manner and within such time as may be prescribed (2) where in the opinion of a railway administration-25 (4) a slip or ~ccident has occurred; or (b) there is apprehension of any slip or accident to any cutting, embankment or other work on a railway, it may enter upon any lands adjoining the railway and do all such works as may be necessary for the purpose of repairing or preventin~ &"lch slip or accicfent and subluit a report th~reot to the central government in 30 such manner' and ~thm such time as may be prescribed (3) the central government may, after consideril'lg the report under sub-section (1) orsub-eection (2), in the interest of public satety, by order, direct the railway administration that further action rmder sub-15 section (1) or sub-section (2) shall be stopped or the same shall be subject to such conditions as may be specifted in the order 14, (1) no suit shall lie against a railway administration to recover paydwlt of any am~unt for any damage or lou caused in the exercise of the powers iidouilt for conf~~q by, any of the foregoing provisions of ' this chapter damale or 1081 40 (2) a rauway administration shall payor, tender payment for any ,damag or laa, cause~ in the· exercise of the powers conferred by any of the foregoing provisions of this chapter, and in case' of a dlspute as to the s'aftlciency of any amount so paid or tendered or as to the persons entitled to receive the' amdullt, it shall immediately refer the dispute to -tc the decriaiod of the district judge of the district and his decision thereon \i &ball be idal ' , -' ' " - • (8) the reference under sub-section (2) shall be treated as an appeal under lictlon 98 of the code of civil procedure, 1908 and shall be dfi 5 of 1908, posed of accorcungly (4) where any amount has been paid as reqtjind by sub-aection (2), the railway administration shall, notwithstanding anything in any other 5 law for the time being in force, be cuscharged from allliabiuty to any penon whatsoever in respect of any amount so paid accommodation works 15 (1) a railway administration shall make and maintain the following works for the accommodation of the owners and occupiers of lands adjoining the railway, namely:-10 (m) such crossings, bridges, arches, culverts and passages over under or by the sides of, or leading to or from, the railway as may, in the opinion of the state government, be necessary for the pul'pose of making good any interruptions caused 1;>y the railway to the use 'c1f the lands through which the railway is made; and 15 (b) all necessary at'ches, tunnels, culverts drains, water sources or other passages, over, under or by the sides of the railway, of such dimeaslons as will, in the opinion of the state government be ijufftclent at all times to convey water as freely from or to the lands lying near or affected by the railway as it was before the making of the 20 railway or as nearly as possible (2) s"lbject to the other provisions of this act, the works specified in clauses (a) and (b) of sub-section (1) shall be made at the cost of the railway administration during or immediately after the laying out or formation of the railway over the lands traversed and in such a manner 25 as to cause as little damage or inconvenience as possible to persons interested in the lands or aff'ertp~ by the works: provided that-(a) a railway administration shall not be required to make any accommodation works in sl1ch a manner as would ~revent or obstrrjct 30 the workinr' or usin" of the railway or to make any accommodatinn works with respect to which the owners or occupiers of the lands have heen paid compensation in consideration of their not reauirin~ the raid works to be made: (b) '=::iv~· 8!' 'here'i1'lafter in th", chnotp, t:l"i')~rled not til;1wav 35 fldministration shall he li"l)le to execute ~nv further or ~dditiotlal accommodation works for the use of the owners or occupiers of the inn~s after the e~iration ef ten yert's fr"m the drte on which the' rflfl''i'fly f)1ssing thro"lqh the lands wa'3 first onenett for public tt'ilftic: (c) where a railway administration has 'dro'rideri snitll'hle accorn- 40 modatton wnrk for the cm!'!"fn~ 6f a road or 1it"p'l'im nnd the l'nad or stream is afterwards diverted bv the net or neplpct nf f:hp 'derson having the control thereof, the railwlilv ""mfnf,,tratf'"tn ,hlll1 nnf: l'ie compelled to provide nnv other accommodation work fnr the c'rnq"ng of such road or stream 45 (3) the state govemment mav snecifv 8 drtp for the cr\l'l'lmpncement of any work to be executed under subseetion (nand if within three months next after that d~te, the railway flrjministration fails to commenc(" the work or having commenced it, fails to proceed diligently to execute it, the central government ,shall, on such failure being brought to its ·notice by the state government, iss·le such directions to the railway administration as it thinks fit 5· erpzanation-for the purposes· of this section, the expression "lands" shall include public roads 16 (1) if an owner or occupier of any land affected by a railwa'y con power of siders the works made 1plder section 15 to be insufficient for the· use of owjlor, the land, or if the state government or a local authority desires to con· :~:~~~v 10 struct a public road or other work· across, under or over a railway j such emment owner or ,occupier, or as the case may be the state government or the or local local authority, may, at any time, require the railway administration to authority make at the expense of the owner or occupier or of the state government to cause or the local authority, as the case may be, such further accommodation additional accommo· 15 works as are considered necessary and are agreed to by the railway dation administration ; works to be made (2) the accommodation works made under s"jb-section(1) shall be maintained at the cost of the occupier or owner of the land the state government or the' local authority, at whose request the works were 20 made' " (3) in the case of any difference of opinion between the railway administration and the owner or occupier the state c;;overnment or t~e local authority, as the case may be, in relation to-(i) the necessity of such further accommodation works; or ~5 (ii) the expenses to be incurred on the construction of 'such further accommodation works; or (iii) the quantum of expen~es on the maintenance of such further accommodation works, it shall be referred to the central government whose decision thereon 10 shall be final 17 the central government may within such time as may be speci-fences, fled by it or within such further time, as it may, grant, req: lire thatgatel and barl, (a) boundary marks or fences be provided or renewed by a railway administration for a railway or any part thereot and tor roads constructed in connection therewith; 35 (b) suitable gates, chains bars, stiles, or hand-rails be erected or renewed by a railway administration ~t level crossing; (c) persons be employed by a railway administration to open and shut gates, chains or bars lo 1~ (1) where a railway administration has constructed 11,:raes of rails across a public road at the same level the st,te goverttment or the local authority maintaining the road, may, at any· time, in the interest of p·jbllc safety, require, the railway administration to take the road either under or over the railway by means of a bridge or arch with convenient ascents ~5 and descents and other convenient approaches, ihstead of crossing the road on the level, or to execute such qther works as may in the circumstances of the case, appear to the state government or local authority maintaining the road to be best adapted for removing or diininishing the danger arisil)g from the level crossing (2) the railway administration may require the state government or the local authority as the case may be, as a condition of exeo-lting any work under sub-section (1), to undertake to pay the whole of the 5 cost of the work and the expense of maintaining the work, to the rauway administration or such proportion of the cost and expenses as the railway admtnistratton thinks just and reasonable (3) in the case of any difference of opinion between the railway administration and the state government or the local authority, as the case 10 may be, over any of the matten; mentioned in su~ections (1) and (2), it shall be referred to the central government whose decision thereon shall be final chapter v opening of railways"andiod it no railway shall be opened for'the public carriage of passengers lj~~ t~o;:~ ,until the central government has by order, sanctioned the opening ment to thereof for that purpose: the opening of ·railway 20, (1) the central government shall, before givirlg its sanction to the opening of a railway under section 19, obtain a report fi'om the com- 20 missioner that-formalities to be complied with before living' sanction to 'the opening of a railway, (a) he has made a careful inspection of the railway and the rolling stock that may be used thereon; (b) the m,oving and fixed dimensions as laid down by the central government hove not been infrillgedj !l5 (c) the structure of lines of rails strength of bridges, general structural character of the works and the size of, and maximum gt'os's load upon, the ,axle9 of any rol1i~ stock, comply with the requirements laid down by the central goverdment; and (d) in his opinion the railway can be opened for the public 30 carriage of passengers without any danger to the public using it (2) if the commissioner is of tae &ion that the railway cannot be opened without any danger to the public using it, he shall, in his report, state the grounds therefor, as also the req:jirements which, in his opinion, are, to be complied with before sanction is given by the central govern- 35 ment ' - - '---- (3) the central government: after considering the report of the com-missioner may sanction the opening ,ofa railway under section 19 as 88ch or subject to s1ich conditions a's may be considered necessary by it for the safety of the piilblic ' , / ' 4::> ~ the provisions oflections 19 and 20 shall apply to the opening of the following works if they form part -of, or are direetly connected with, apply to the openia of certain works a rauwa,y used far the public camaae of ~era add have , __ tructed &"jbsequent to the giving of a report by ~e commiuioder'1oiwi-section 20 namely:-j (ii) opening of additional lines of railway and deviation lines; (b) openidc of stations, judctioijs and level cl'oii8iup; 5 (c) re-modelling of yards and re-building of bridges; (ci) introduction of electric traction; and (e) ad1 alteration or reconstruction materially ~ the structural character of any work to wbichtbe proviaiods" of hctiodb 19 add 20 apply or are extended by tbis aecticm 10 22 when an accident has occurred on a railway resultidj in a tam-temporary porary s"lspension of traffic, and either the original lines of rails and suspension works have been ~stored t~ their original standard or a tempoary diverof traffic sion has been laid for the purpose of restoring communicati~ the origi-15 nal lines of rails and works so restored, or the temporary diveraion" the c_ may be, may, wi~out prior inspection bytbe commiuioner, be opened for the public carriage of "medger, subject to the foljq:wina conditions, namely:-(a) the railway servant incharge of the works und~en by reason of the accident has certified in writing that the openidc of the restored lines of rails and works, or of the temporary· diversion will dot in hit opinion be attedded with danger ,to the public; add (b) a notice by telegraph of the opening of the lines of rails and works or the divel?ion shall be sen~, as soon as may be, to the commisbiode1' u where after the inspection of any railway opened and used power to for the pablic carriage of paasengers or any rolling stock used thereon, close railway the commissioner is of opinion that the llse of the railway or of any °thpenedbl~or he bli 't, th e pu ic rolling stock will be attended with danger to t pu c usldg 1 e curiaae of 30 commissioner shall send a report to the central government who may passe_gers thereupon direct that-(i) the railway be closed for the public carriage of passengers; or (ij) the use of the rolling stock be discontinued; or (i£ii) the railway or the rolling stock may be used for the public 35 carriage of passengers sabject to such conditions as it may comider necessary for the safety of the public 24 when the central government has, under section 23, directed the re-opening ~losure of a railway or the discontinuance of the use of any rolling stockof closed railway (a) the railway shall not be re-opened for the public carriage of passengers until it has been inspected by the commissioner and its re:'opening is sanctioned in accordance with the provisions of this chapter; and (b) the rolling stock shall not b~ used until it has been inspected by the commissioner and its re-ase is sanctioned in accordance with the provisions of ws chapter 45 21 'a railway administration may use such -rolling stock as it may consider necessary for the· construction, operation and working of a railway: u" of toluol stock provided that before using any rolling stock of a design or type difteren~ from 'that already running on any section of the railway the 5 previous sanction of the central government shall be obtained for such use dole,a· lion of powcrs • the central government may, by notification, direct that any ~f its powers or functions 'under this chapter except section 27, or the r~es made thereunder shall, in relation to such matters and' subject to such 10 conditions, if any, as may be specified in the notification, be exercised or discharged also by a commissioner 27(1) the central gover-ament may, by notification, make rulus to carry out the purposes of this chapter power to mtlkc rulcs in respect of matters id this chapter (2) in particular, and without prejudice to the generality of the fore-" 5 going power, such rules may provide for all or 'any of the following matters, namely:-:-(a) the duties of a railway administration and the comnussioner in regard to the opening of a railway for the public carriage of passengersj 20 , (b) the arrw;agements to be made for and the formalities to be complied with before opening a railway for the public carriage of passengers; and (c) for l'egulating the mode in which, and the speed at which rolling stock used oh railways is to be moved or propelled; 25 (d) the' cases in which and the extent to which the procedure in this chapter may be di'spensed with chapter vi fixation of rates~8 (l) the central o;overnment may, from time to time, by general 30 power to fix rates 01' special order fix, for the c~rriage of passengers and goods rate~ for the whole or any part of the railway and different ,rates may be fixed for different class of goods and specify in such order the cond,ition subject to which such rates shall apply (2) the central government may, by a like order, fix the rates of any 35 other charges incidental to or connected with ·such carriage including 'demurrage and whadage for the whole or any part of the railway and ',' _'pacify in the order the conditions subj,ect to which such rates shall " "ly , ,,"'" ,,' ~ the central government shall have' power to -40 power to , fy cimdiodit1eaoralterrateb (a) classify or reclassify any commodity for the purpose of de minjng the ,rates to be charged for the carriage of such commodities; , or ', (b) increase or reduce the class rate and other charges go notwithstanding anything contained in this· chapter, a railway' power of administration may in respect of the carriage of any commodity and railway subject to such conditions as may be speci1ied,-adminis-(ei) quote a etation to station rate; or tration to charge certain rates 5 t b) increase or reduce or cancel, after due notice in the manner detennined by tlje central government, a station to station rate, not being a station to station rate introduced in compliance with an order made by the tribunal; or (c) withdraw, after or amend the con,ditions attached to a 10 station to station rate other t~ conditions introduced in compliance with an order made by the tribunal; or (d) charge any lump sum rate chapter vn railway rates tribunal15 ;31 (1) there shall be a tribunal, to be called the railway rates tribunal, for the purpose of discharging the function's specified in this chap~· ''::onslitutionof tberall way rates tribunal (2) the tribunal shall consist of a chairman and two other members to be appoin~d by the central government ro (3) a person shall not be qualified for appointment as the chairman of the tribunal'unless he is, or has been, a judge of the supreme court or of a high court and of the other two members, one· shall be a person, who, in the opinion of the central government, has special knowledge of the commercial, industrial 0, economic conditions of the country, and 25 the othel shall be a person, who, in the opinion of the central government, has special knowledge and experience of the commercial working of the railwayii (4) the chairman and the other members of the tribunal shall hold olfice for such period, not exceeding five ye~rs, a'll! may be prescribed 30 (&) in case the chairman or any other member is, by infirmity or otherwise, reqdered incapable of carrying out his duties or is absent on leave or otherwise in circumstances not involving the vacation of his office, the ce!w'al government may appoint ano~er person to act in hi's place during his absence 35 (6) a persol'\ who holds office as the chairman or other member of the tribunal shall, on the expiration of the term of his office (not betni an office to fill a casual vacancy), be ineligible for re-appointment to that office (7) subject to the provisions of sub-sections (5) and (6), the chairman 4u and other members of the tribunal shall hold office on such terms and conditions as may be prescribed (8) no act or proceedings of the tribunal shall be invalidated merely by rea'son of-(a) any vnc:mcl' in, or any d('r~ct in the constitution of, thl" tribunal; or 4:5 , (b) 8dy defect in the appointment of a person acting as a chairman er other member of the tribunal staff 3% (1) the tribunal may, with the previous approval of the central government, appoint such officers and employees as it consiqers neces-sbl'1 for the efficient discharge of, its functions under this chapter 5 (2~ the terms and coilditions of service of the oftlcets and employees of the tribunal shall ,be such as may be determined by regulations· 33 the tribunal may sit at such place or places as it may find convenient for the traniamon of its business sittinls of the tribunal 34 any complaint that a railway administration-10 (a) is contraveni,ng the provisions of section 88; (b) is charging for the carria,ge of any commodity between two stations a rate which is unreasonable; qr complaints , against a railway administration (c) is levying ally other charge which is unreasonable; may be made to ~he tribunal, and the tribunal shall hear and decide any 15 such complaint in accordance with the provisions of this chapter 35 nothing in this chapter shall confer jurisdiction on the tribunal in respect of:-(a) cla~sification or re-classification of any commodity; (b) fixation of wharfage and demurrage charges (including go conditions attached to such charles); matters not with· 'in the jurisdictionof the tribunal (c) fares levied for the carriage 'of passengers and freight levied for the carriage of luggage, parcels, railway material and military traffic; and (d) lump sum rates 5 of 1908 powers of the tribunal 2 of 1974 36 (1) 'rhc 'lribllnal :;h1l11 have the powers of a civil court under the code of civil procedure 1908 for the purposes of taking evidence on oath enforcing the attendance of witnesses, compelling the discovery, production of doeuments and, illlumg commissions for the examination of witnesses and of review and shall be deemed to a civil court for all so the purposes of sectioni 195 and chapter xxxv of the' code of criminal procedure, 1973 and any reference in such section or chapter to the pre· siding officer of a court shall be deemed to include a reference to the cjwrman of the tribunal (2) the tribunal shall also have power to pass such interim and final 85 driers as the ckcumstances may req~ire, includiag orders for the pay-:mant of casts reference of the tribunal 3'7 notwithstandin'g anything contained in section 35, the central ocmmiment may make ii referenee to the tribunal in re~pect of any of the matters specified in that section and where any such 'reference is made 40 jll rqpft'~ of any such matter, the tribunal shall make an inquiry into that matter llnd submit its report thereon to the central government asistanee by the ceat1'ii1 31 (1) the central government shall aive to the tribunal such· assistance u it may piiquire and un also pace at its chiposal an)' iuormatton in the paasscm of the central governmeat which that go¥-ernment may think ~elevant to any matter before the trillunal gove~ment 5 (2) any person duly authorised in this behalf by the central government shall be entitled to appear and be heard in ai\y' proceedings before the tribunal 39 in the ease of any complaint under clause (a) of sectiolll 3,-(a) whenever it is shown that a railway admiftistratkm; c!harges burden cst proof etc j 0 one trader or class of traders or the traders in any local area, lot or rates for the same or similar goods or lower charges for the same or similllr services than it charges to ~ther traders in any other local area, the burden of pt'oving that such lower rate or charge does not amount to an undue p1"eference, shall he ojl the railway adminis-'5 tration; (b) in deciding whether a lower me or charge does ·net amount to an undue preferenee, the tribunal may, in additiolt ta nyother considerations affecting the case, take iidto consideration whether such lower rate or charge is necessary in the interests of the publk ' 20 ct the 'decision at' orders of the trtbunal shad be by • majol'tty at ·the members sitting and ,hall be fil'lal decofaion etc of the ·tribunal bar of 41 no suit shall be instituted or proceeding taken in respect of any matter which the tribuna' is empowered to deal with, or decide, under this chapter jurlldi'~tion of courts 25 42 in the case of complaint under clause (b) or clause (c) itf seetlon 34, the tribunal ma),- reliet which·the tribud&l maygret (i) fix such rate or charge as it considers l'eaaonabie from any date as it may deem proper, not being a date earlier to 'the date-of the filing of the complaint; 3n (ii) direct a refund of amount, if any as being the ex-oe&i of the rate or charge fixed by the tribunal under clause (i) revision of decisions 43 where b railway admlnistnltien considers that sinee the date of decision by the tribunal, there has been a material change in the circumstances on which it was based, it may, after the expiry of one year 35 from such date, make an application to the tribunal and the tribunal may, after making such inquiry as it considers necessary, vary or rroke the decision 44 the tribunal may tranmnit any cieeiaion or moder made by it to - civil court having local jurisdiction and such civil cdurt hall ~te the 40 de-cision or order, if it were a decree made by that court exeauwtn ofdeci8-ions or orders of the 'l"ribudal g the triunal shall present annually a report to the central government of all its proceedings under _fa cbapter report of the central government 48 (1) the tribunal may, with the previous approval of the central government, make regulations consistent with this act and rules generally to regulate its procedure for the effective discharge of its functions under this chapter power of tbe tribunal to make relula lions (2) in particular, and withoolt prejudice to the generality of the fore 5 going power, such regulations may provide for all or any of the following matters, namely:-(ci) the terms and conditions of service of the officers and em-ployees oj the tribunal; (b) the award of costs by the tribunal in any proceedings before 10 it; (c) the reference of any question to a member or to an officer of the triblmal or any other person appointed by the tribunal, for report after holding· a local inquiry; (d) the right of audience before the tribunal, provided that any 15 party shall be entitlea to be heard in person or by representative duly authorised il;1 writing, or by a legal practitioner; (e) the proposal by the tribunal of any proceedings ibefore it, notwithstanding that in the course thereof there has heena change in the persons sitting as members of the tribunal; 20 (f) a scale of fees for and in connection with the proceedings' before the tribunal chapter viii carriage of passengers4'1 (i) every railway administration shall cause to be pasted in a 25 conspicu9us and accessible place at every station in hindi and in english and also in the regional language commonly in use in the area where the station is situated,-exhibition of certain timinls and tables of fares at stations (i) a table of times' of arrival and departure of trains carry passengers and stops at that station, and which 30 which (ii) list of fares from such station to every place for "card-tickets are ordinarily issued to passengers at that station (2) at every station where tickets are issued to passengers, a copy of the time table in force shall be kept in the office of the station master, • (i) any person desiroui of travelling on a tailway shall, upon 35 payment of the fare, be supplied with a ticket by a railway servant or an agent authorised in this behalf and such ticket shall contain the following particulars, namely:-supply of tickets on paymentof fare (i) the date of issue; (~) the class of carriage; (iii)the place flom and the place to wh~h it is issued; and (iv) the amount of the "fare (2) every railway administration shall display th~ hours during which booking windows -at a station shall be kept open for the issue of tickets to passengers (3) the particulars reqaired to be spedfled on a ticket under clauses (ii) and (iii) of sub-section (1) shall,-(a) if it is for the lowest cluii of carriage, be set forth in hindi, english and the regional language commonly in use at the place of 5 issue of the ticket; and (a) if it is for the lowest class of carriage, be set forth in hindi, and e,ngllsh: provided that where it is not feasible to specify such particulars in any such language due to mechanisation or any other reason, the cen-10 tral government may exempt such particulars being specified in that language 49 (l) a ticket shall be deemed to have been issued subject to the 'condition of availability of accommodation in the class of carriage and the train for which the ticket is issued - 15 (2) if no accommodation is available in the class of carriage for which a ticket is issued, and the holder thereof travels in a carriage of a lower class, he shall, on returning such ticket, be entitled to a refund at the difference betwef!n the fare paid by him and the fare payable for the class of carriage in which he travels provilica for ease in which ticket is illued for class or train dot bavinl k-commodation for additioaal puled-acn· 20 so if a ticket is returnad for cancellation, the railway administration shan cancel the same and refund such amount as may be prescribed caneen-tion of ticket and refund 51 a ticket issued in the name of a person shall be used only by that person: probibitiaa apiait trlullfer of eertain tickets !l5 provided that nothing contained in this section shall prevent mutual transfer of a seat or berth by passengers travelling by the same train; provided further that a railway servant authorised in this 1jehalf may permit ('hange of llame of a passenger having reserved a seat or a berth subject to such circumstances as may be prescribed 30 52 every passenger shall, on demand by any railway servant authorised in this behalf, present his pass or ticket to such railway servant for examination during the journey or at the end of the journey and surrender sutch ticket-&bibition and lumader of paiiidi aad tickets (a) at the end of the journey, or 35 (h) if such ticket is issued for a specified period, on the expiration of such period s3 (1) no person shall enter or remain in any carriage on a raliway' f9r t~ purpqse of travelling ther,ein as a passenger unless he has with him a proper pass or ticket or obtained permission of a railway servant authorised in this behalf for such travel prohibitlot apiast travellial without pall or ticket (2) a perron obtaining permission under sub-section (1) shall ordinarily 5 get a certificate from the railway servant referred to in that sub-section that he has been permitted to travel in such carriage on condition that he subsequently pays the iare payable for the distance to be travelled 54 (1) a person suffering from such infectious or contagious diseases, as may be prescribed, shall not enter or remain in any carriage un a 10 railway or travel in a train without the permission of a railway servant authorised in this behalf power to refuse to carry per-ions suffer_ ull from idfectious or c:ontali· qui eli· aeates (2) the railway s,ervant glvmg permission under sub-section (1" shall arrange (or tbe separation of the person suft'ering from such disease from other persons in the train and such pjerson shall be carried in the 15 train subject to such other conditions as may be prescribed masimum number at posed' &en for eacb ~m· parldical 55 subject to the approval of the central government, evf!lry railway administration shall fix the maximum number of passengers which may be carried in each compartment of every desctuption of carriage, and shall exhibit the number so fixed in a conspicuous manner inside or outside 20 each compartment in hindi, english and also in one or more of the regional languages commonly in use in the areas served by the railway 56 every railway administrat:on shall, in every train carrying passe:j')' gers, earmark for the exclusive use of females, one compartment or such number of berths or seats, as the railway adminiaration may think 25 fit, at least of the lowest class earmar· killj of compart· ment, elc for lmcs 57 a railway administration shall provide aj'),d maintain in every train carrying passengers, such efficient means of communicawon between the passengers and the railway servants in charge of the train - may be approved by the central government: 30 commu cations betwccn paaeqm aacl rail· way icr· "biil in chllpof lralas provided that where the railway administration is satisfied that the means of communication provided in a train are being misused, it may cause such means to be disconnected in that train for such period as it thinks fit: provided further that the central government may specify the cir- 35 cumstances under ~ich a railway administration may be exempted from providing such means of communication in any train s8 (1) the central government may by notification, make rules to carry out the purposes of this chapter, power to make rules in reapect ofm in litis c:bapter (2) in particular, and without prejudice to the generality of the fore- 40 icing power, such r!lles may provide for all or any of the following mattel'l, namely:-('4) the accommodation (including the reservation of seats en ~rtbs in tra~ns) to pjl~eniers; (b) the amount of refund for the can~ellation of a ticket; (c) the circumstances under which change of names of passengers, having reserved seats or berths, may be permitted (d) th& carriage of lugg'age and the cortdttions subject to which 5 luggage may be kept in the cloak rooms at the stations; (e) diseases which are infectious or contagious; (f) the conditions subject to which a railway administration may carry passengers suffering from infe~tious or contagious diseaselt and t~e manner in which carriages used by such passengers may be 10 disinfected; (g) generally, for regulating the travelling upon and the use, working and management of the railways (3) any rule made under this secti-on may provide that a contravention thereof shall be punishable with fine which shall not exceed one 15 hundred and fifty rupees (4) every railway administration shall keep at every station on its railway a copy of all the rules made under this section and shall all10 allow any person to inspect it tree of charge at all reasonabjehct1kra:· chap't'erix carriage of goods110 maintenance of rate-boob etc, for carriaieof good •• 59 every railway administration shall maintain, at each statton and at such other places where goods are received for carriage, tile rate-books or other documents which shall contain the rates autboriiiec1 for the carriage of goods from one station to another and make them availbie 85 for the reference' of any person during all reasonable hours' without payment of any fee 80 (1) a ranway administration may' impose conditions, not inconsistent with this act or any rules made thereunder, with ~pect to the receiving, forwarding, carrying or' delivei'ing of any goods conditions for reccivlda etc, of aoods 30 (2) a railway administration shall maintain, at each station and at such atbet' places whe~ goods are received for carriage, a copy of the conditions for the time being in force under sub-section (1) and make them available for the reference' of any person during all reasonable hours without payment of any fee provilioa of rille rates s5 '1 (1) where any goods are entrusted to a railway administration for carriage, such carriage shall, except where owner's risk rate is applicable in respect of such goods, be at railway risk rate (2) any goods, for which owner's risk rate and railway risk rate are in force, may be entrusted for carriage at either of the rates and if no raw 40 is opted, the goods shall be deemed to have been entrusted at owner's ri-rate forwardina note 62 every person entrusting, any goods to a railway administration for carriage shall execute a forwarding note in such fonn as may be specified by the central government: provided that no forwarding note shall be executed in the case of such goods as may be specified by the central government 5 83 (1) a railway administration shall-railway receipt (a) in a case where the goods are to be loaded by a person entrusting such goods, on the complet;on of such loading; and (b) in any other case, on the acceptance of the goods by it, issue a railway receipt in such form as may be specified by the 10 central government: (2) a railway administration shall not be responsible for the correctness of the weight, description or classification of goods or the number of packages mentioned dn the railway receipt unless a certificate to) that effect is recorded in the railway receipt by a railway servant authorised i fl in this behalf power to require statemcnt relatinb to thc delc:ription of joods m (1) the ()wner or a person having charge of any goods which are brought upon a railway for the purposes of carriage by railway, and the consignee or the endorsee of any consignment shall, on the request of any railway servant autharised in this behalf, deliver to 'such railway ser- 20 vant a statement in writing signed by such owner or person or by such consignee or endorsee as the case may be, containing such description of the goods as would enable the railway servant to determine the rate for 'such carriage (2) if such owner or person refuses or neglects to give the statement 25 as required under sub-section (1) and refuses to open the package containing the goods if so required by the railway servant, it shall be open to the railway administration to refuse to accept such goods for carriage unless such owner or person pavs for sucn carr;age the highest ratr for any class of goods 30 (3) if the consignee or endorsee refuses or neglects to give the statement as required under sub-section (1) and refuses to open the package containin!! the gopds, if so required by the railway servant it shall be open to the railway administration to charge in respect of the carriage of the goods the higbest rate for any class of goods 35 (4) if the statement delivered under sub-section (1) is materially falae ~th re:;pect to the description of any goods to which it purports to relate, the !'~ilway administration :may charge in respect of the carriage at su~h goode; such rate, not exceeding double the highest rate for -any class of goods as may be specified by the central government 40 (5) if any difference arises between a railway servant and such owner or person, the c:onsignee or the endorsee, a:s the case may be in respect of the description of the goods for which a statement has been deltve~ under sub-eecf1on (1), the railway servant may d~tain and e"am~ne the goods (6) where any goods have been detained under sub-sectior (5) for examination, thp cost of such detention and examination shall be borne by such owner or person, the consignee or the endorsee, as the cam illay be, and the railway administration shall not be liable for any loss, damage 5 or deterioration which may be caused by such detention or examination 8& (1) no person shall take with him on a railway, or require 9 railway administration to ('arry such dangel';)us or offensive goods, as may be prescribed, except in accordance with the provisions of this section carriage 01 dangerousor offenslye goods (2) no person shall take w~th him on a railway the goods referl'ed to 10 in 8u·b-section (1) unless he gives a notice in writing of their dangerous or offensive nature to the railway servant authorised in this behalf (3) no person shall entrust the goods referred to in sub-section (1) to a railway servant authorised in this behalf for carriage unless he dis-tinctly marks 0'1 the outside of the package containing such good their 15 dangerous ot· offensive nature and gives a notice in writing of their dangerous or offensive nature to such railway servant (4) if any railway servant has reason to believe that goods contained in a package bre dangerous or offensive and notice as required under subsection (2) or sub-section (3), as the case may be, in respect of such goods 20 is not given, he may cause such package to be opened for the purpose of ascertaining its contents (5) notwithstanding anything contained in this section, any railway servant may refuse to accept any dangerous or offensive goads for rarriage or stop, in transit, such goods or cause the same to be removed, as 25 the case may be,· if he has reason to believe that the provisions this section fqr such carriage are not complied with 4 of 188f(6) nothing in this section shall be construed to derogate from the provisions of the indian explosives act, 1884, or any rule or order made under that act, and nothing in sub-sections (4) and (5) shall be construed so to apply to a ny ~ods entrusted for carriage by order or on behalf 01 the government or to any goods which a soldier, sailor, airman or any other officer of the armed forees of the union or a police oftlcer or ii member of the terl'litorial /trmy or of the national cadet corps may take with him on a railway in the coune of bis employment or duty as such 35 " a railway administrat;on shall not be bound to carry any animal suffering from such infectious or contagious disease as may be prescribed carriaae of ilnimals sufferidi from infect;oul or conlalioul diseases i'l where due to any cause beyond the control of a railwayadminis-deviation at ttation or due to congestion in the yard or any other operational reasons, rout goods are carried over a route other than the route by which such goods fd are booked, the railway administration shall nqt be deemed to have committed a breach of the contract of carriage by r~asop only of th, devla· tioll of the route • a railway admiaistration shall not make or (§ive any' undue or udreisonable preference or advantage to, or in favour of, any ~~ person or any particular description of traffic iri the carriage of' soodt prohibi· tion of undue prefer ence (1) the central government may, if it is of the opinion that it b deeeaary in the pubuc dnterest so to do, by general or special order, djr~ 5 any railway administration-power to to jive direction in regard to eerriage of certain goods (n) to give special facilities for, or preference to, the carriage of such goods or class of goods consigned by or to the central govern~ ment or the government of any statp or of such other goods or class of goods, as may be specified in the order; 10 (b) to carry any goods or class of goods by such route or routes and at such rates as may be specilled in the order: ( c) to restrict or refuse acceptance of such goods or class of goods at or to such station for carriage as may be specified in the ordtu' (2) any order made under sub-section (1) shall cease to have effect 15 after the expiration of a period of one year from the date of such order but may, by a like order, be renewed from time to time for suck' period not exceeding one year at a time as may ·be specifled in the order (i) notwithstanding anything contained in this act, every ratlwty administration shall be bound to comply with any order given ~r 10 sub-section (1) and any action taken by a railway administration in pursurance of any such order shall not be deemed to he a contravention of section 68 maximum cill'l'yiq 70 (1) the gross weight of every wagen or truck bearing on the axles when the wagon or truck is loaded to its maximum carrying capadty5 shall not exceed such limit as may be fixe'd by the central government for the class of axle under the wagon or truck capaci~ for wagon and trueb (z) subject to the limit fixed under sub-section (1), every railway administration !than determine the normal carrvinjz capacity for every wagon oj' truck in its possession and shall exhibit in words and figures 30 the nonnal carrying capacity so detennfned in a conspicuous manner on the outside of every such wagon or truck (3) every person owning a wagon or truck which passes over a railway shall detennine and exhibit the normal carrying capacity for the wagon or truek in the mamer speilrlfted in sub-section (2) 55 (4) notwithstanding anything contained in 'sub-sectton (2) or suf>, section (3) where a railway administration conside'rs it necessary or expedient so to do in respect of any wagon or truck can-ying any specifled class of goods or any class of wagons or trucks of any specified type it may vary the normal carrying ca'pbcity for such wal{on or truck or 40 such class of wagons or trucks and subject to such conditions as it may think fit to impose determine for the wagons or trucks or cla'ss of wbltons or trucks such car:rying capacity' as may·be specifted in the notiftcation and it shall not be necessary to exhibit the wo,' afte ft~res· representing the ·carrying capacity so determined on the' outstdeq· of such wa«on 01' truck or such class of wagons or truclts: provided that in no ease, the gross weight of such wagon or truck or such class of wagon's or trucks shan exceed the limit fixed under 8\1~ section (1) for the class of axle under "the wagon or truck punitive ch8l'le tor over~adidga w~on '1 wl)ere a person 10 goods in a wagon beyond its permissible carrying capacity as exhibited under &ub-section(2), or sub~section (3), or notified under sub-section (4), of section 70, a railway administration may, in addition to the freight and other charges, recover from the con-5 signor, the cons1'grlee or the encicirsee, as the case may be, charges by way of penalty at'sueh rates, as may be prescribed, before the delivery of the g~: provided that it shall be lawful for the railway administration to unload the goods loaded beyond the capacity of the wagon, if detected to at the forwarding station or at any place before the destination station and ·to hoover the cost of such unloading and any charge ror the detention of any wagon on this ac:ount 72 the property in the consignment covered by a railway receipt shall pa8j to ijle conawn~ or the endor, a8 the case may be, -on the delivery of 15 such railway receipt to him and he shall have all the rights and liabilities of the consignor pallsinjof property in the ,oocis covered by rall way receipt 73 nothing contained in section 72 shall prejudice or affect--3 of j930 (~) any right of the consignor for stoppage of goods in transit as an unpaid vendor (as defined under the sale of goods act, 1930) on his· written request to the railway administration; 20 (b) any right of the railway to claim freight f~m the consignor; or section'12 not to atreet ri,htof lltoppap in tnneit orclaima for treiabt (c) any liability of the consignee or the endorsee, referred to in that section, by reason of his being such consignee or endorsee i5 74 the railway administration shall deliver the consignment under a railway receipt only on the surrender of the railway receipt: surrender of railway receipt provided that in case the railway receipt is not forthcoming, the consignment may be d~livered to the person, entitled in the opinion of the railway administration to receive the goods, in such manner as may 30 be prescribed 75 where no uulway receipt is forthcoming and any consignment or the sale procc£>ds of any consignment are claimed by two or more persons, the rahway administration may withhold delivery of such consignment or sale proceeds, as the case mby be, and shall deliver such consignment or 35 sale p:roeeeds to the person entitled in its opinion to receive the same in such manner as may be prescribed | power | of ||----------|-------|| railway | || admbus· | || tration | to || deliver | || ,oocisor | || sale | pro- || ceeda | || thereof | || in | || certain | || ~ | || power | || to | || measure, | || weigh, | || etc | |78 notwithstanding anything contained ·in the railway receipt, the railway administration may, before the delivery of the consignment, have the right to-(i) re-measure, re-weigh or re-elassify any consignment; (it) re-calculate the treight -and other chargesr and (iii) correct any other error or collect any amount that may have been omitted t(l be charged 77 (1) a railway administration may, on a request made ,by the consignee or endorsee, allow weighment of the consignment subject to such conditions and on payment of such charges as may be prescribed: 5 we1ah ment of consignment on the request of the consignee or endorsee provided that except in cases where a railway servant authorised in this behalf considers it necessary so to do, no such weighment shall be allowed in cases of goods booked at owner's l'il:ik rate or goods which are perishable and are likely to lose weight in transit: provided further that no request for weighment ot consignment in 10 wagon load shall be entertained under this sub-section, if, (a) weighment i's not feasible due to congestion in the yard or other operational reasons; or (b) in the opinion of a railway servant authorised in this behalf, circumstances exist which do not warrant such weighment 15 (2) where a request for weighment is allowed by the railway administration, the consignee or the endorsee shall pay such charges as may be prescribed and the demurrage charges, if any 78 where a railway administration delivers the consignment to the person who produces the railway receipt, it shall not be responsible for any wrong delivery on the ground that such person is not entitled thereto 20 or that the endorsement on the railway receipt is forged or otherwise defective liability of railwayadministra tion for wrong delivery 79 where the consignment arrives in a damaged condition or shows signs of having been tampered with and the consignee or the endorsee 2" demands open delivery, the railway administration shall give open j delivery in such manner as may be prescribed open delivery of consignments partial delivery of consignments 80 (1) the consignee or endorsee shall, as soon at the consignment or part thereof is ready for delivery, take delivery of such consignment or part thereof notwithstanding that such consignment or part thereof is 30 damaged (2) in the case of partial delivery under sub-section (1), the railway admini'stration shall furnish a partial delivery certificate, in such form as may be prescribed (3) if the consignee or endorsee refuses to take delivery under sub- 35 section (1), the consignment or part thereof shall be subject to wharfage charges beyond the time allowed for removal llenfor freilht or any other lumdue 81 (1) if the consignor, the consignee or the endorsee fails to pay any freight or other charges due from him in respect of any consignment, the railway administration may detain such consignment or part thereof or, 4d if such consignment is delivere:d, it may detain any other consignment of such person which is in, or thereafter comes into, its possession consignment detained (2) the railway admini'stration may, if the under sub-section (1) is--(a) perishable in nature, sell at once; or (b) not perishable :n nature, sell, by public auction, such consignment or part thereof, as may be necessary to realise a sum equal to the freight or other charges: prqvided that where a rauway administration, for reasons to be re corded in writing is of the opinion that it is not expedient to hold the auction, such coil8ii~t or part thereof maf be sold in such manner u inay be ·preacribed (3) the railway administration shall give a notice of not less than 5 seven da~ of the public auc~ion under clause (b) of sub-~ection (2) in one or more local newspapers or where there are no such newspapers in such manner as may be prescribed (4) the railway adminls~ration may, out of the sale pl'oceeds receiv-10 ed under 'sub-section (2), retain a um equal to the freight andotber charges including expenses for the sale due to it and the surplus of such proceeds and the part of the consipment, if any, shall be rendered to the person entitled thereto 82 (1) if any penon fails to take delivery ofu~ ed cod-~ignment, (u) ·the collsigllmcnt released from detention made under subdection (1) of section 8; or (c) a'ly remaining part of the consigrunent under sub-section (2) of section alj (a) any consignment, or ao aach consignment shall bt: treated as unclaimed (2) the railway ac;imjdistl·ation may,-(a) in the caae ot an unclaimed consignment which is perishable in nature, sell such consignment in or the manner is providedin clau~e (a) of sub-sectior (2) of fiectioll 81; or (b) in tht: case of unclaimed consignment which is not perish able in nature, cause a notice to be sel'ved upon the consignee if his name and address are known, and upon the consignor if the name and address of the consignee are not known, requiring him to remove the goods within a period of seven days from the receipt thereof· and if such notice cannot qe served or there is a failure to comply with the requisition in the notice, sell such consignment in the manner provided in clause (b) of sab-section (2) of section 81 (3) the railway administration shall, out of the sale proceeds received under sub~section (2), retain it sum equal to the freight and other charges 35 including expenses for the sale due to it and the surp],ols if any, of such proceeds shall be rendered, to the person entitled thereto djspoaa1 otperishable consignmenta idc:ertain clrcum tancea 83 (1) where by reason of any flood, land-slip, breach of any lines of rails, collision between u'ains, derailment of, or other accident to a· train or any other cause, traffic on any route is interrupted and there is no 40 likelihood of early resumption of such traffic, nor is there any other reasonable route whereby tra1!lc of perishable consignment may be diverted to prevent loss or deterioration of, or damage to, such consignment, the railway administration may sell them in the manner provided in clause (a) of sub-section (2) of section 81 45 (2) the rauway administration shall, out of the sale proceeds received under sub-section (1), retajn a sum equal to the freight and other charges including expenses for the sale due to it and the &atplus, if any, of such sale-proceeds, shall be rendered to the person entitled thereto it notwithstanding anything contained in this chapter, the right ol sale under sections 81 to sa shall be without prejudice to the right of the i'allway administration to recover by suit, any freight, charae, 8ii1oul1t or other oxpedse8 due to it _ j conditiom iiibject to wbich -lea under sections 81,83 and 83 not to affect the rijb,tto suit 90wer toidake ruleain respect of matters in this chapter 86 (1) the central government may, by nowieatitm, make rules to 5 cury out the pl¥'poi8s of thisc8apter (2) in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matten namely:-(a) d'mgerous and offensive goods for the purposes of section 10 65; (b) infectious or contagi'ous diseases for the purposes of section 68; (c) rates of penalty charges under section 71; (d) the manner in which the consignment may be delivered 15 without a railway receipt under section 74; (e) the manner of deli·very of conaignment or 'the sale proceeda to the person entitled thereto under section 75; <f) the conditions subject to which, and the charges payable for 20 weighment under section 77; (9) the manner of givmr: open delivery under section 79; - (h) the form of partial delivery certifioate under sub-eectiod (2) of section 80; <i) the manner of sale of consignment or part thereof rmder the sl5 proviso to sub-section (2) of section 81; (j) the manner in which a notice under sub-section (3) of sec· tion 81 may be given; (k) generally, for ngulating the carriage of goods by the rau ways so (3) any rule made under this section may provide that a contravention thereof shall be punishable with fine which may extend to one hundred an? fifty rupees ! (4) every railway administration shall keep at each station a copy of the rules for the time being in force under this section, and shall 55 allow any pprron to refer to it free of chal'ge at all reasonable hours, chapter x spelu provisiok8 as '1'0 goods bookbd m xo'l'd'ld· s'm'1'lons 81 in this chapter,' unless tilt! context otherwise requires,-de8n1-ticma (a) "essential coinmodity" means an essential commodity as 40 ~ed in clause (fj) of section 2 of the essential oommoditiea act, 1965 10 of 1955 (b) "notified station" mf\~ns a station declared to be a notified statlojludder section 8'1; 5 (c) "state (;overnment", in relation to a notited atation, means tile qgv8l'dideilt of the state in which such station fa sltuted, or wmre ·wcla station is sitaated in a union territory, the administrator of that union territory appointed under article 239 of the constitution r' (1) the central government may, if it is aatillled that jt fa deces-aary that goods entrusted for carriage by train intended solely for the carrlage of goods to any raflway station should be removed without delay power to dedare dotiflad statiodi 10 from such railway statmn declare, by notiftelttt(jd, such rahway station to be a notified station for such period as may be specifted in the notiftca~d: provided that before declaring any rauway station to be a notified i statioa mtder this sub-sedlon, the central government shan have regard 5 to all or any of the following factors, namely: - (m) the volume of tj'aftlc and the swage space aun-ble at such rauway statton; (b) the nature and quantities of goods generally booked to stich railway station; (e) 'fhe scope for catl8lng scarctty ofluch ggods by not r-emoving ao tmm for long periods from such rauwav station and the hardship whteh such searctty may ea:-jae ·to the community; (d) the number of wagons likely to be held up at web raftway statton if goods are not removed therefrom quickly and the need 'for qaick movement and 'availability of such wagons; 115 (e) such other factors (befnfl' relevant fmm the point of view of the interest of the ~eneral public) as may he prescribed: provide" f,ilrther that the neriod snecifted in any notification issued under this mh-sectfon in respect 'of anvraflwav staticm shall ·!lot exceed six months in the first in!rtance, but such ~riod may, bv zrouftcattou, be 30 extended from time to time by a period iiot ekoeeding six mollths on each occas'nn (~) if im'vtje1'llod entrustlnt! anv p,oods to a raflwav administration to be carried to atmtfflm· !ltlttion ·makes an 8tu)ucation in such form and mam'lef as rna'v be l)teseribeci' a1ll'l spmiftesl therein the address of the 35 'pe1'!loft to whnm' i~tfmatio1j1 bv re r-ed post of the arrival of tlte ~oods at the no~d btilrtton !c1t~n he mwlll add gays the dosultle charltes ra-~uired for ~i'rinl1 such in14matioft the 1'i!ilwav admini!;tration shall as sooil as mav bp after the arrival cf the eoods at the notified ~"tfon send !qrh intimatfon accordfn~y 40 m there &taa\1 be -rhtbltec:1 st a oonlilnictlous place at each notf~ed tfo'n " ",ilemfmt -ill the nresc~ihed ftlrm settlnl! out t e descrfntfon r 'ftf 1:hf'! ~'" wlftcr·by l1ealor,o! tae lact that t'hev have not been l'f'!moved tj ~c')m thl! station within a nerlod nf seven dllvs from the tennin1'1tion tjf ttilnsit thp!'f'of are liab1e to hp ~m in a('''o''~''ncp wit'" the nl"ovilllto11" of 45 fi1!b-!iiectin11 (n of liiertf('ln 88 by nublic rllction an" the ·\fflfl "whit'h tbf'!v wo1118 bpfio sold: prnvfded that difl'pl'ent ,::tatempnt:" mtrv be so exb1blted in r~spect qf coma 1)1'oposec1 ·to he sold on dftl'erent date •• (4) if the goods specifted in any statement to be exhibited under sub-section (3) include essential commodities, the railway iel'v8dt preparing the statement shall, as soon as may be after the preparrtton of such statement, forward a copy thereof to:-(a) the representative of the central government nominated hy 5 that government in this behalf; (b) the representative of the s~te government, nominated by that government in this behalf; and (e) the' district magistrate within the local limits of whose jurisdiction the railway station is situated 10 diapoeal of ud-removed ,oocu at notified stations • (1) if any goods entrusted for carriage to any noti1led station by a train intended solely for the carriage of goods are not removed from such station by a person entitled to do so within a period of seven day8 after the termination of transit thereof at such station, the railway administration may, subject to the provisions of sub-section (2), sell such 15 goods by pubjic auction and apart from exhibiting, in accordan<:e with the provisions of sub-section (3) of section 87, a statement containing a description of such goods, it shall not be necessary to give any notice of such public auction, but the date on which such auction may be held under this sub-section may be notified in one or more local newspapers, 20 or where there are no such newspapers, in !luch manner as may be pretlcrlbed: '1 r ~ ,-, ' ,'-" provided that if at any time before the sale of such goods under this subsection, the person entitled thereto pays the freight and other charges and the expenses due in respect thereof to the railway administration, 25 he shall be allowed to remove such goods (2) if any goods which may be sold by public auction under subsection (1) at a notified station, being essential commodities, are required by the central gcvernment or the state government for its own use or if the central govemment or such state government considers th~t 30 it is necessary for securing the availability of all or any such essential commodities at fair prices so to do, it may, by order in ~writing, :afrect the railway servant in-charge of such auction to transfer such goods to it or to such agency, co-operative society or other person (being an agency, co-operative soclety or other person subject to the control of 55 the government) engaged in the business of selling such essential com- modities as may be speclfted in the direction (3) every direction issued under sub-section (2) in respect of any - essential commodity shall be binding on the rafiway servant to whom itis issued and the railway administration and it shall be a sufbcteont 40 defence against any claim by the person entitled to the goods that such eaenttal commodities' have been transferred in comp1in~ with sucli direetfon: 1 ~ '\"-! prov:ided that-(a) such direction shall not be bindin/% on such railway servant ~ or the railway admtntlltration-(f) if it has not been received by the ra11way servant sumoiently in time to enable him to prevent tho sale of the essential commodities to which it relates; or 5 (ii) if before the time appointed for such sale, the person entitled to such goods pays the freight and other charges and the expenses due in respect thereof and claims that he be allowed to remove the goods; or 10 (iii) if the price payable for such goods (as estimated by the central government or, as the case may be, the state go,'-ernment) is not credited to the railway administration in the prescribed manner and the railway administration is not indemnified against any additional amount which it may become liable to pay towards the price by reason 'of the price not having been computed in accordance with the provisions of sub·section (4) ; (b) where directions are i!lsued in respect of the same go ()dli both by the central government and the state government, the directions received ealier· shall prevail (4) the price payable for any essential commodity transferred in 20 compliance with a direction issued under sub-section (2) shall be the price calculated in accordance with the provisions of sub-section (3) of '10 of 1155 section 3 of the essential commodities act, 1955: provided that-10 of 1955 (a) in the case of any essential commodity being a food-stuff in respect whereof a notification issued under sub-section (3a) of section 3 of the essential commodities act, 1955, is in force in the locality in which the notified station is situated, the price payable shall ·be calculated in accordance with the provisions of clauses (iii) and (iv) of that sub-section; (b) in the case of an essential c'ommodity being any grade or variety of foodgrains, edible ou seeds or edible ous in respect whel'f'-of no notification issued under sub-section (3a) of section s of the 10 of 1951 essential commodities act, 1955, is in force in the locality in which 35 the no~fied slation is situated, the price payable shall be calculate<! in accordance with the provisions of sub-section (3b) of that section; 10 of 1955 (c) in the case of an essential commodity being any kind of sugar in respe:ct whereof no· not11lcation issued under sub-section (3a) of section 3 of the essential commodities act, 1955, is in force in the locality in which the notifted station is situated, the price payable shall if such sugar has been'"booked by the producer to himself, ,be calculated in accordance with the provisions of subsection (3c) of that section 45 100f 1855 explamtioft-for the purposes of this clause, the expressions producer'; and "sugar" shall have the meanings assigned to these expressions in the expzatultion to sub-section (3c) of section 3, and clause (e) of ~ction 2 of the essential commodities act, 1955, respectively price to be paid to person entitled after deducting dues 'ie (1) out of the proceeds of any sale ofgoeds under sub-aection (1) of section 88 or the price payable therefor under 8ub-aection (4) of that section, the railway administration may retain a sum equal to the freight and other charges due in respect of such goods and the eltpenses incurred in respect of the goods and the auction thereof and 5 render the surplus, if any, to the person entitled thereto (2) notwithstanding anything contained in sub-aection(1), the railway administration may recover by suit any such freight or charge or expenses referred to therein or balanee thereof (3) any goods sold under subaection (1) of section 88 or transferred 10 in compliance with the directions issued under sub-section (2) of th8jt secttrm shall vest in the buyer or the transferee free from all encumbrances but subject to a priority being given for the sum which may be retained by a railway administration under sub-section (1), the person in whose favour such encumbrance subsists may have a claim in respect of such 15 encumbrance against the surplus, if any, referred to in that sub-section to (1) the central government may, by notification, malte rules , to carry out the purposes of this chapter (2) in particular, and without prejudice to the generality of t\le foregoing power, such rules may provide for all or any of the fquowing 20 matters, namely:-power to make rules in respect of matters in this chapter (a) the factors to which the central government shall have regard under clause (e) of the first proviso to sub-section (1) of section 87; (b) the form and manner in which an application may be 25 made under sub-section (2) of section 87; (c) the form in which a statement is required to be exhibited under sub-section (3) of section 87; (d) the manner in which the dates of public auctions may be notified under sub-section (1) of section 88; 30 (e) the manner of crec:htin~to the railway administration the price of goois referred to in sub-clause (iii) of elause (a) of the proviso to sub-section (8) of section 88 chaprer xi rbsponsibilltii'6 of railway adminjb'nwl'ions as calum'jts 8591· save as otherwise pmvided in this aet, a railway admilits1lratjon shaube l'esponsible felf the less, destruction, damage, deterioration in tradsit, or non delivery of any ooilsigmnent, arising frgm any cause except the following, namely:-| () | aot ||------------|--------|| of | || god; | 40 || geileral | || ·roapodli- | || bili't)r | || of | || a | ni!way || adminis- | || trationas | || carrier | || of | || toock | || (b) | || aet | || of | || war; | || (c) | || act | || of | || public | || enemies; | |(d) arrest, restraint or seizure under legal procei8; (e) orders or restrictions imposed by the central goverriiilen\ or a state government or by an o1bcer or authority, subordidate to the central govenunent or a state government authorised by it in this behalf; 5 <i) act or omission or negligence of the consignor or the cod&ipee or endorsee or the agent or servant of the consignor or the co,mlgnee or the endorsee: (g) natural deterioration or wastage in bulk or weight due to inherent defeet, quality or vice of the goods; (h) latent d~ects; 10 (i) fire, explosion or any unforeseen risk: provided that even where such loss, destruction, damage, deterloraiion or non-delivery is proved to have arisen from anyone or more of the aforesaid· ·causes, the railway administration shall not be relieved j 5 of its responsibility for the loss, destruction, damage, deterioration· or non delivery unless the railway administration further proves that it has used reasonable foresight and care in the carriage of the goods goocla ~ be loaded ordellvered ata eddinlnot belongiq to arah-wayadministration 92 (1) where goods are required to be loaded at a siding not belongi", to a railway ·administaltion for carria" by railway, the railway 20 administratipn shall not be responsiblct for any loss, destruction, damage or deterioration of such goods from whatever cause arising, until the wagon containing the goods has been placed at the spec11ted point of imwdtange of wagorut between the sitting and the railway administration and a railway servant authorised in this behalf has been informed 25 in writing accordingly by the owner of the siding (2) where any consignment is required to be delivered by a railway administration at a siding not belonging to a rallway administration, the railway administration shan not be responsible for any loss, destruction" damage or deterioration or non-delivery of such consignment from 30 whatever cause arising after the wagon containing the codsigament has been placed ai the spet'ifled point 'of interchange of wagons between the railway and the siding and the owner of the siding has been informed in writing a~ordingly by a railway servant authorised in this behalf goods carried in open vehicles 93 when afiy goods which, under ordinary circumstances, would 35 be crrried in covered vehicles or vessels and would be liable to damage if carried otherwilte, are, at the request of the consignor recorded in the ft)rwarding note, entrusted for carriage by railway in open vehicles or vessels, or in vehicles or vessels which are defective or not fully covered, the railway administration shall not be responsible for any destruction, 40 deterioration or damage which may arise by reason of the goods being ao carried delay or detention ill transit 84 a railway administration shall not be responsible for the loss, destruction, damage or deterioration of any consignment proved by the gwi18rtohave ·bettll caused by the delay or detention in their carriage if - 5 tmrallway administration proves that the delay or detention arose for reuoda beyond its control or without negugence or mibc<mduct on its part or on the part of any of its servantl pasailll over railways in india and raiiways in foreign countries 85 where in the course of carriage of any coiisignment from a pladt in india lo ij place outside india or from a place outside india to a place in india or from one place outside india to another place outside iddia or irom one place in lndia to another place in india over ~ territory: outside lnwa, it is carried over the railways of any railway admidistra-5 tion in india, the railway admidistration sball not be responsible udder ~ of the pr(ivibions of this chapter for the loss, destruction, damage or deterioration of the goods, from whatever cause arising, unless it is proved by the owner of the 100ds that such loss, destruction, damage or deterioration arose over the railway of the railway administration 10 goods carried at owner's risk rate 9ti l~otwithstanding anything contained in section 91, a railway administration shall not be responsible for any loss, destruetion, damap deterioralion or non-delivel·y in transit, of any consignment carried at owner'i risk rate, from whatever cause arising except upon proof that liiuch loss, destruction, damage, de~rioration or non-delivery was c:tue to 15 llegligcnce or misconduct on its part or on the part of all)' of its servants 97 (l) notwithstanding anything contained in the foresoidi previsions of this chapter, when any goods entrusted to a railway administration for carriage-20 goods in defective condition ordefectively packed (a) are in a defective condition as a consequence of which they are liable to damage, deterioration, leakage or wastage; or (b) are either defectively packed or not packed in such manner as may be prescribed and as a result of such defective or improper packing are liable to damage, deterioration, leakage or wastage, ~5 and the fact of such condition or defective or improper packing has been recorded by the consignor or his apnt in the forwarding note, the railway administration shall not be responsible for any damaae, deterioration, leakage or wasta&e or for u1e condition in which such goods are available for delivery at destination go (2) when any goods entrusted to a railway administration for carriage are found on arrival at the destination station to have been damaged or to have suffered deterioration, leakage or wastage, the railway administration shall not be responsible for the dama&e deterioration leakage or wastage of the goods on proof by railway administration, 35 (a) that the goods weret at the time of entrustment to the railway administration, in a defective condition, or were at that time either defectively packed or not packed in such manner may be prescribed and as a l'esult of which were liable to damage, deterioration, leakage or wastage; and 40 (b) that such defective condition or defective or improper packing was not brought to the notice of the railway administration or any 01 its servants at the time of entrustment of the goods to the railway administration for carriage by railway: provid~ that the railway administration shall be respodlllble 4~ for any such damage, deterioration, leakage or wastap if dejlisence or miacondu('t on the part of the railway administration or of any of its servant's is proved · 9 of 1872 is· (1) a railway administration shall be res~ible as a bailee un~ _tions 151, 152 and 161 of the ,indian contract act, 1872, for the loss, destruction, damage, deterioration or non-delivery of any consignment up to a period of seven days after the termination of transit: responsibility ofa raflwayadministration after-termination oftronsit 5 provided that where the consignment is, at owner's risk rate, the railway administration shall not be responsible as a bailee for such loss, destruction, dmnage, deterioration or non-cielivery except on proof 01 negligence or misconduct on its part or on the part of any of its servants j n (2) the railway administration shall not be responsible in any case for the loss, destruction, damage, deterioration or non-delivery of any consignment arising after the expiry of a period of seven days after the termination of transit (3) notwithstanding anything contaijied in the foregoin, provisions j 5 of this section, a railway administration shall not be responsible for the loss, destruction, damage, deterioration or non-delivery of perishable goods, animals, explosives and such dangerous or other goods as m~y be specified, after the termination of transit (4) nothing in the foregoing provisions of this section shall aftect 2() of affect the liability of any to pay any demurrage or wharfage, as the case may be, for so long as the consignment is not unloaded from the railway wagons or removed from the railway premises respon~ibility as carrierof luggage 99 a railway administration shall not be responsible for the loss, destruction, damage, deterioration or non-cielivery of any luggage 25 unless a railway servant has booked the luggage and given a receipt therefor and in the case of luggage which is carried by the passenger in his charge, unless it is also proved that the loss, destruction, damage or deterioration was due to the negligence or misconduct oil its part or on the part of any of its servants 30 100 a railway administration shall not be responsible for any loss, or destruction of, or injuries to any animal carried by railway arising from fright or restiveness of the animal or from overloading of wagons by the consignor 101 notwithstanding anything contained in the foregoing provisions 35 of this chapter, a railway administration shall not be responsible for the loss, destruction, damage, deterioration or non-delivery of any consignment-responsibility as a carrier of animals exoneration from liability in certain cases (a) when such loss, destruction, damage, deterioration or nondelivery is due to the fact that a materially false description of the consignment is given in the statement delivered under subsection 0) of section 64; or (b) where a fraud has been practised by the consignor or the consignee or the endorsee or by an agent of the consignor, consignee or the endorsee; 45 (c) where it is proved by the railway administration to have been caused by, or to have arisen from-(i) improper loading or unloading by the consignor or the consignee or the endorsee or by an agent of the consignor, consignee or the endorsee; (ii) riot, civil commotion, strike, lock-out, stoppage or reatraint of labour from whatever cause arising whether partial or general, or (d) for any ind~rect or consequential loss or damage or for lois of particulu- market 5 | extent | of ||------------|-------|| monetary | || liability | || inre'spect | || of | any || consign_ | || ment | |102 (1) where any consignment is entrusted to a railway administration ior carriage by railway and the value of such consignment has not been declared as required under sub-section (2) by the consignor, the amount of liability of the railway administration for the 1088, de~ truction, damage, deterioration or non-delivery of the consignment shall 10 in no case exceed such amount calculated with reference to the weight of the consignment as may be prescribed, and where such consignment consists of an animal specified in column (1) of the schedule, the liability shall not exceed the amount as specified in the corresponding entry in column (2) of the schedule is (2) notwithstanding anything contained in sub-section (1), where the consignor declares the value of any consignment at the time of its entrustment to a railway administration for carriage by railway, and pays such percentage charge as may be prescribed on so much of the value of such consignmet as is in excess of the liability of the railway 20 administration as calculated or specified, as the case may be, under subsection· (1), the liability of the railway administration for the loss, destruction, damage, deterioration or non-delivery of such consignment shall not exceed the value so declared (3) the central government may, from time to time, by notification 25 direct that such goods as may be specified in the notification shall not be accepted for carriage by railway unless the value of such goods is declared and percentage charge is paid as required under sub-section (2) (3) notwithstanding anything in sub-section (12), such declaration 30 of value and payment of 8-applement any sum shall be mandatory in the case of such goods and luggage as may be specified by the central government 103 where the value has been declared under section 102 in respect of any consignment a railway administration may make it a condi- 35 tion of carrying such consignment that a railway servant authorised by it in this behalf has been satisfied by examination or otherwise that the consignment tendered for carriage contain the articles declared 1m (1) a person shall not be entitled to claim compensation against a railway administration for the loss, destruction, damage, deteriora- 40' tion or non-delivery of goods carried by railway, unless a notice thereof is served by him o~ on his behalf,-right of railway administratio'l tocbeck contents ofcerlain consignmentor iilgl!ac:e notic::: of claim for com pensation ad mudd of over eha1'ge (a) to therauway administration to which the goods are entrusted for carria«e; or (b) to the railway administration on whose railway the destt- 45-nation station lies, or the loss, destruction, damage or deterioration oc:cur- within a period of six months from the date of entrustment of the goods-(z) any information demanded or enquiry made in writing from, or any complaint made in writing to, any of the railway administrations mentioned in 8ub-aection (1) by or on behalf of the person within the said period of six months regarding the non-delivery or delayed delivery 5 of the goods with particulars sufficient to identify the goods shall, for the purpose of this section, be deemed to be a claim for compensation (3) person shan not be entitled to a refund of an overcharge in respect of goods carried by rail way unless a notice therefor has been served by him or on his behalf to the railway administration to which the over-swlslor compensation for loss, etc, of goods· 10 charge has been paid within six months from the date of such payment or the date of delivery of such goods at the destination station, whichever is later - 105 (1) notwithstanding anything contained in any other law for the time being in force, a suit for compensation for loss, destruction, 15 damage, deterioration or non-delivery of goods may be instituted against the railway administration on whom a notice under section 104 has been served (2) a suit against the railway administration under sub-section (1) shall be instituted only in a court having jurisdiction over the place at 20 which the goods are entrusted for carriage or, as the case may be over the place in which destination station lies or the loss, destruction, damage, deterioration occurs person entitled to claim compensatiod ; 106 (1) if a railway administration pays compensation for the loss destruction, damage, deterioration or non-delivery of goods entrusted to 25 it for carriage, to the consignee or the endorsee producing the railway receipt, the railway administration shall be deemed to have discharged its liability and no suit shall lie against the railway administration ad the ground that the consignee or the endorsee was not legally entitled to receive such compensation 30 (2) nothing in sub-section (1) shall affect the right of any person having any interest in the goods to enforce the same against the consignee or the endorsee receiving compensation under that sub-section 107 a suit for compensation for the loss of life or personal injury to a passenger, may be instituted against,-35 suits for compensation tor per!'oi'lal injury, etc ~ (a) the railway administnttion from which !he passenger obtained his pass or purchased his ticket, or (b) the railway administration on whose railway the destination station lies or the loss or injury occurs, in a court having jurisdiction over the place at which the passenger -40 obtained his pass or purchased his ticket or over the place in which thc destination station lies or the loss or personal injury occurs 108 in any suit against a railway administration for compensation burden for loss, destruction, damage deterioration or non-delivery of any goods, of proof the burden of proving,--45 (a) the monetary loss actually sustained; or (b) where the value has been declared under sub-section (2) of _tioh 102 til respect of any consignment that the value so declared is its true value, shall lie od the person claiming compensation, but subject to the other provisions contained in this act, it shall not be necessary for him to 5 prove how the loss, destruction, damage, deterioration or non-de1ivery was caused ilatedt of ljiabi-jivof rail", lidmin»-baticm in respect of accidents at , sea 1 •• (1) when a railway administration contracts to carry passengers or goods partly by railway and partly by sea, a condition exempting the railway administration from responsibility for any lois of life, personal 10 inju,ry or loss of or damage to goods which may happen during the carriage by sea from act of god, public enemies, fire, accidents from machinery, boilers and steam and all and every other dangers and acc1dents of the seas, rivers and navigation of whatever nature and kind shall without being expressed, be 15 deemed to be part of the contract, and, subject to that condition, the railway administration shall, irrespective of the nationality or ownership of the ship used for the carriage by sea, be responsible for any loss of ufe, personal injury or loss of or damage to pets which may happen during the carriage by sea, to the extent to which it would be reepon-20 sible under the merchant shipping act, 1958, if the ships were register-44 of 1958 ed under that act and the railway administration were owner of the ship and not to any greater extent (2) the burden of proving that any such loss, inj:jry or damage as is mentioned in sub-section (1) happened during the carriage by sea 25 shall lie on the railway administration power to make ruletin repectof matter in this chapter 110 (1) the central government may, by notification, make ,rules to carry out the purposes of this chapter; (z) in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following 30 matters, namely:-(a) the manner of packing of goods entrusted to a railway administration; (b) the goods for the purposes of sub-section (3) of section 98; and;' ' i 35 (c) the' ml'lximum amount payable by the railway administration for the loss, destruction dnmage, deterioration or non-delivery of any consignment under sub-section (1) of section 102 chapi'er xn accidents111 (1) where, in the course of working a railway,-(a) any accident attended with loss of any human ufe, or with notice' of railway accident grievous hurt as defined in the 'indian penal code or with serious 45 of 1880 injury to property; or (b) any collision between trains of which one is a train c~ng 45 passengers; or (c) the derailment of any train carrying passengers, or of any part of such train; or (d) any accident of a description usually attended with loss of human life or with such griewus hurt as aforesaid or with serious 50 injury to property; or ('> any accident of ,my other description whicll the central government may notify in this behalf in the oftlcial gazette, occur~ the station master of the station nearest to the place at which the accident occurs or where there is no station master, the railway 5 servan"t in charge of the section of the railway on which the accident occurs, shall without unnecessary delay, give notice of the accident to the district magistrate and superintedent of police, within whose jurisc;fiction the accident occurs, the ofticer in charge of the police station within the local limits of which the accident occurs and to such other 10 magistrate or police officer as may be appointed in this behalf by the central government (2) the railway administration within whose jurisdiction the accident occurs, as also the railway aclministration to whom the train involved in the accident belongs, shall without unnecessary delay, give notice of 15 the accident to the state government and the commissioner having jurisdiction over the place of the accident llz (1) on the re~pt of a notice under section 111 of the occurrenc" inquiry of an accident to a train carrying paasengers resulting in loss of human by com life or grievous hurt causing total or partial disablement of pennanent mbsio-20 nature to a passenger or serious damage to railway property, tl\e comnero missioner shall as soon as may be notify the railway administration in whose jurisdiction the accident occurred of his intention to hold an in-5 of 1908 quiry into the causes that led to the accident and shall at the same time fix and communicate the date, time and place of inquiry: 25 provided that it shall be open to the commissioner to hold an inquiry into any other accident which, in his opinion, requires the holdfdg of such an inquiry (2) if for any reason, the commissioner is not able to hold an fdquir1 as soon as may be after the occurrence of the accident, he shall notify 30 the railway administration accordingly inquiry by railwayadministration 35 113 where no inquiry is held by the commissioner under sub-section (l) of section 112 or where the commissioner has informed the railway administration under sub-section (2) of that section that he is not able to hold an inquiry, the railway administration within whose jurisdiction the accident occurs, shall cause an inquiry to be made in accordance with the prescribed procedure ' 114 (1) for the purpose of conducting an inquiry under this chapter into the causes of any accident on a railway, the commissioner shall, in addition to the powers specified in section 7, have the powers as are 5 ot 1908 40 vested in a civil court while trying a suit under the code of civil procedure, 1908, in respect of the following matters, namely:-| powers | of ||-------------------------|-------|| c | || 0jjljilt- | || sioner | || inrela- | || lion | to || inqui- | || ries | || (a) | || summoning and enforcing | the || mining them on oath; | |(6') requiring the discovery and production of documents; 45 (c) receiving evidence on aftidavitb; cd) requisitioning any pubuc record or copies thereof from any court or office; 2 of 1974 (e) any other matter which may be prescribed (2) the commissioner while conducting an" inquiry under this chap-50 ter shall be deemed to be a civil court for the purposes of section 195 and chapter xxvi of the code of criminal procedure 1973 statement made betol'e commissioner 115 no statement made by a person in the course of giving evidence in an inquiry before the commiuioner shall subject him to, or be used against him in, any civil or criminal proceeding, except a prosecution for giving false evidence by such statement: provided that the statement is-5 (a) made in reply to a qaestion which is required by the commissioner to answer; or (b) relevant to the subject-matter of the inquiry procedure 116 any railway administration or the commissioner conducting an inquiry under this chapter may send notice of the inquiry to such 10 persons follow such procedure, and prepare the report in such manner as may be prescribed 117 notwithstanding anything contained in the foregoing provisions of this chapter, where a commission of inquiry is appointed under the commissions of inquiry act, 1952, to inquire into an accident, any i j loi 152 inquiry, investigation or other proceeding pending in relation to that accident shall not be proceeded with, and all records or other documents relating to such inqairy shall be forwarded to such authority as may be specified by the central government in this behalf 118 where any accidjmt of the nature not specified in section 111 20 occurs in the course of working a railway, the railway administration within whose jurisdiction the accident occurs, may cause such inquiry to be made into the causes of the accident, as may be prescribed by the central government no inquiry, investi-,ation e'tc to be made if the commission otinquiry is appointed inquiry into - accident not covered by section 111 returru utevery railway administration shall send to the central govem- 25 ment, a return of accidents occurring on its railway, whether attended with injury to any person or not in such form and manner and at such intervals as may be prescribed 130 (1) the central government may, by notification, make rules to carry out the purposes of this chapter go (2) in particular and witho~t prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-power to make rules ill respect of matters in this chapter (a) the injury to property which shall be considered serious under clause (a) of sub-section (1) of section 111; 35 (b) the forms of notice of accidents to be given under section 111 and the particulars of the accident such notices shall contain; (c) the manner of sending the notices of accidents, including the class of accidents to be sent by telegraph immediately after the accident; 40 (d) the duties of the commissioner, railway administration, railway servants, police officers and magistrates on the occarrence of an accident; (e) the persons to whom notices in respect of any inquiry under this chapter are to be sent, the procedure to be followed in such 45 inquiry and the manner in which a report of such inquiry shall be prepared; (i) the nature of inquiry to be made by a railway administration lnto the caus81 of an accident under section 118; (g) the form and manner of sending a return of accid~ts by a railway administration under section 119 chapl'er xiu liability of railway administration for death and injury '1'0 5 passengers due to ,accidtnts121 in this chapter, unless the context otherwise requires,-defini_ tions (a) "accident" means an accident of the nature described in section 122; (b) "claims commissioner" means a claims commissiouer appointed under section 123; 10 (c) "dependant" means any of the following relatives of a deceased passenger, namely:-(i) the wife, husband, son and daughter, and in case the deceased passenger is unmarried or is a minor, his parent; 15 (ii) the parent, minor brother or unmarried sister, widowed sister, widowed daughter-in-law and a minor child of a predeceased son, if dependant wholly or partly on the deceased passenger; (iii) a minor child of a pre-deceased daughter, if wholly 25 dependant on the deceased ,passenger; (iv) the paternal grand parent wholly dependant on the deceased passenger extent of liability 122 (1) when in the course of working a railway, an accident occurs, being either a collision between trains of which one is a train carrying go passengers or the derailment of or other accident to a train or any pert of a train carrying passengers, then whether or not there has been any wrongful act, neglect or default on the part of the railway administration such as would entitle a passenger who has been injured or haa suftered a lobs to maintain an action and recover damages in respect 35 thereof, the railway administration shall, notwithstanding anything contained in any other law to the contrary, be liable to pay compensation to the extent set out in sub-section (2) and to that extent only for loss occasioned by the death of a passenger dying as a result of such accident, and for personal injury and loss, destruction, damage or 40 deterioration of goods owned by the passenger and· accompanying him 1n his compartment or on the train, sustained as a result of such accldent (2) the liability of a railway administration under this section shall in no case exceed one lakh rupees in respect of anyone person (3) the provisions contained in sub-section (1) shall also apply to a 45 railway servant on duty on the train claims commissioner 123 (1) the central government may, by notification, appoint any person to be a claims corrunissioner for such local area or for such accident or accidents as may be specified in the notification (2) the qualifications and conditions of service of a claims commis-50 sioner shall be such as may be prescribed ljii (1) an application for compensation under section 122 may be made to the claims commissioner-app!ication for compensation (a) by the person who bas sustained the injury or suftered ady lolls, or (b) by any agent duly authorised by such person in un behalf, or (c) where such person is a minor, by his guardian, or (d) where death has resulted from the accident, by any dependant of the deceased or wh~e such a dependant is a minor, by 5 his guardian (2) no application for compensation under this section shall be entertained unless it is made within three months of the occurrence of the accident but the claims commissioner may, on good cause shown, allow any application to be made at any time within one year of such j () occurrence erpzanation-where a claims commissioner is appointed under section 123 with respect to any particular accident or accidents, the refwences in this sub-aection to the occurrence of the accident shall be construed as references to the date on which the claims commissioner i" 80 appointed assumes charge of his office :j (3) every application by a dependant for compensation under this section shall be for the benefit of every other dependant 125 (1) where a person who has made an application for compensati~ under section 124 desires to be paid interim relief, he may apply 20 to the railway administration for payment of interim relief along with a copy of the application made under that section administration (2) where, on the receipt of an application made under sub-tsection (1) and after making such inquiry as it may deem fit, the railway administration is satisfied that circumstances exist which require relief 25 to be aftorded to the applicant immediately, it may, pending determinatton by the claims commissioner of the actual amount of compensation payable under section 122, pay to any person who has sustained the injury or suffered any loss, ·or where death has resulted from the accident, to any dependant of the deceased, such sum as it considers 3(1 reasonable for affording such relief, so however, that the sum paid shall not exceed the amount of compensation payable at such rates as may be prescribed (3) the railway administration shall, as soon as may be, after making an order regarding payment of jnterim relief under sub~ection 35 (2) send a copy thereof to the claims commissioner (4) any sum paid by the railway administration under sub-aection (2) shall be taken into account by the claims commissioner while determining the amount of compensation payable 118 (1) in inquiring into and determisisg any claim for copen- 40 sation payable under section 122, the claims cnmmissiooer may, subject to any rules that may be made iil this behalf, follow such summary procedure as he thinks ftt p1'oci6iure aad powers ofchims commis-iiloner 5 of 1908 (2) the claims commissioner shall have the same powers as ar6 vested in a civil court while trying a suit udder the code of civil procedure, 1908, in respect of the following matters, namely:-(a) urnmoning and enforcing the attendance of any person ai)d examining him on oath; 5 (b) requiring the discovery and production of documents; (c) receiving evidence on affidavits (3) the claims commissioner shall be deemed to be a civil court for the purposes of section 195 and chapter xxvi of the code of crimi-2 of 1974 10 nal procedure, 1973 (4) 'subject to any rules that may be made in this behalf, the claims commissioner may, for the purpose of determining any claim for compensation, choose one or more persons possessing special knowledge of any matter relevant to the enquiry to assist him in holding the enquiry 15 127 any question as to the liability of a railway administration to pay compensation under section 122, or as to the amount thereof, or as to the ·pei'son to whom such compensation is payable, shall be decided hy claims commissioner "~' ' claims commi5-sioner to decide tbe liability to pay compensa· tion, etc 128 (1) the claims commissioner shall, in every case where death detcrmina 20 has resulted from any accident, cause notice of the application for com· tion of pensation to be published or served on every dependant who has made compensa· tion in the application in such manner as he deems fit calling upon such derespect of pendant to appear before him on such date as he may fix for determining death the compensation payable to each of the dependants 25 (2) the compensation payable for death shall, after giving credit to any amount paid by way of interim relief under section 125, be appor· tioned among the dependants of the deceased passenger in such propor· tionsas the claims commissioner thinks fit, or may be allowed to any one dependant who, in the opinion of the claims commilaioner is best 90 entitled provlalcut for mdl cai examjdr~ tion of pertoris injured 129 whenever any person is injured as a result 01 an accident under section 122, the claims commissioner mq, if he considers it necessary, dir@et that the person injured be examined by some duty qualified medical practitioner named in the order and not being a witness on either side and ma, make such order with respec:!t to th adita of the g5 examination as he thinks fit t30 (1) subject td such rules as may be made, the rates of comb,ternu" liensation payable in respect of any injury shall be determined by the dation of claims comliiimoner ~:l1ltipedsa' , (2) the compensation payable in respect of any loss of godds shall be such as· the claims commissiodqr may_ having regard to the circum· 40 stances of the case, determine to be reasonable l'on in res;· }teet of any injury or losr of 1l00d •• 'aysaent of cold-pouatioa is! (1) a railway administration shall comply with an order for eompensation forthwith by depositing the amount of the compensation with the claims commissioner, (2) where any compensation has been deposited as required by lub-eection (l), the railway administration ihall, notwithstanding any 5 thing in any other law for the time being in fol"ce, be discharged from all liability to any person whatsoever in respect of any compensation so deposited" (3) any compensation deposited with the claims commi8lioner under this section shall, with the least possible delay, be paid to the to applicant for compensation to whom it is payable 132 (l) any person aggrieved by an order of the claims commissioner refusing to grant compensation, or as to the amount of compensation granted to him, may prefer an appeal to the high court having jurisdiction in the place where the accident occurred: '5 appeals against the deci~ion of a claims commissioner provided that nothing in this sub-section shall be deemed to authorise the high court to grant compensation in excess of the limit specified in section 122 (2) the period of limitation for an appeal under this section shall be ninety days 20 (3) the provisions of section 5 of the limitation act" 1963, shall be :: of 1963 applicable to appeals under this section (4) subject to the decision of the high court in cases in which an appeal is preferred under sub-section (1), the order of the claims commissioner on any question shall be final and shall not be called in ques- 25 tion in any court savilll to oertaid ripts 133 (1) the right of any person to claim compensation under section 122 shall not afteot the right of any such person to recover compensation payable under the workmen's compensation act, 1923, or any 8 of 1913, other law for the time being in force; but no person shall be entitled to 30 claim compensation more than once in respect of the same accident (2) nothing in sub-section (1) shall affect the right of any person to claim compensation payable under any contract or scheme providing for payment of compensation for death or personal injury or for damage to property or any sum payable under any policy of insurance 35 134 (1) the central government may, by notiftcation" make rules to carry out the purposes of this chapter, (2) in particular, add without prejudice to the generality of the foregoing power, such rules ,may provide for all or any of the following matters, namely:-40 power to make rulea in respec:t of matters in thij aapter (4) the qualifications and conditions of service of the claims commissioner; (b) the compensation payable for death; (c) the nature of the injuris for which compenaattod ihau 45 paid and the amount of such compelllation; (d) the manner in which clailnl for compensation may be inquired into and determined by the claims commissioner; (e) the matters in respect of which persons may be chosen to assist the clailnl commissioner under sub-section (4) of section 126 5 and the functio'lls exercisable by such person; <f) generally for the effective exercise of any powers conferred on the claims commissioner by this chapter chapter xiv regulation of hours of work and period of best10 135 in this chapter, unless the context otherwise requires,-(a) the employment of a railway servant is said to be "continu-definitioal ous" except when it is excluded or has been declared to be essentially intermittent or intensive; (b) the employment of a railway servant is said to be "essen-'5 tially intermittent" when it has been declared to be so by the prescribed authority on the ground that the daily hours of duty of the railway servant normally include periods of inaction aggregating to six hours or more (including at least one such period of not less than one hour or two such periods of not less than half an hour 20 each), during which the railway servant may be on duty, but ia not called upon to display either physical activity or sustained attention; (e) the employment of a railway servant is said to be "excluded", if he belongs to anyone of the following categories, namely:-(i) railway servants employed in a confidential capacity; :25 (ii) armed guards or other personnel t1l~ject to discipline similar to that of any of the armed police forces: (iii) staff of the railway schools imparting technical training or academic educa~on; (iv) such categories of grade d staff as may be prescribed; 3'j (v) such staff as may be specified as supervisory under the rules: (vi,) such categories of staff of the health and medical department as may be prescribed; ~5 (d) the employment of a railway servant is said to be ilfnten_ sive" when it has been declared to be so by the prescribed authority on the ground that it is of a strenuo~ nature involving continued eoacentration or hard manual labour with little gr no period of relaxation - 63 of 1941 fo 1 nothi~&, in this chapter shad apply to any railway aery-ant to 35 of 1"2 whom the factories act, 1948 or the mines act 1952 or the merchant 44 of 1'51 shipping a,ct, 1958 applies chapter aotto apply to certain railway servanw limitation 137 (1) a railway servant whose employment is essentially interof hours mfttent shall not be employed for more than seventy-five hours in any of wort week (2) a railway servant whose employment, is continuous shall not be, employed for more than ftfty-four hours a week on an average in any 5 month (3) a railway servant whose employment is intensive shall not be employed for more than forty-five hours a week on an average in any month (4) subject to such rules as may be prescribed, temporary exemptions 10 of railway servants from the provisions of sub-eeetion (1) or 8ub-6ection (2) or sub-section (3) may be made by the prescribed authority if it is of opinion that such temporary exemptions are necessary to avoid serious interference with the orqinary working of the railway or in cases of accident, actual or threatened, or when urgent work is required 15 to be done to the railway or to rolling stock or in any emergency which could not have been foreseen or prevented, or in other cases of exceptional pressure of work: provided· that where such exemption results in the increase of hours of employment of a railway servant referred to in any of the sub-aections, 21) he shall be paid overtime at not less than one and a half times his ordi-dary rate 'of pay for the excess hours of work 138 (1) subject to the provisions of this section, a railway servant-grant of periodical rest (a) whose employment is intensive or continuous shall, for every week commencing on a sunday, be granted a rest of not less 25 than twenty-four consecutive hours; (b) whose employment is essentiauy intermittent shall, for every week commencing on a sunday, be granted a rest of not less than twenty-four consecutive hours including a full night; (e) whose employm~nt is excluded under sub-clause (iv) of 30 clause (a) of section 135 shall be granted a rest of not less than fortyeight consecutive hours each month, or a rest of not less than twentyfour consecutive hours each fortnight including a full night (2) notwithstanding anything contained in sub-section (1) ,-(i) any locomotive or traffic running staff shan be granted each month, a rest of at least four periods of not less than thirty conse- 35 cutive hours each or at least five periods of not less than twentytwo consecutive boul's each, including, a full night; (ii) 'the central government may, by rutes, specify the rauway servants to whom periods of rest on scales tess than those laid down 40 under sub-section (1) may be granted and the periods th~; (3) ,subject to such rules as '~y be m~ in, thjs behalf, if -,the prescribed authority is of the opinion that such '~rc\lmstancesa,~ referred to in sub-section (4) of section 137 are present,· it may exempt 81'ly railway servant from the provisions of i$u~ection'(n or claui8 45 (i) of ~b-section ·(z>; 0 provided that a railway servant so exempted shall, in such circumstances as may be prescribed, be granted compensatoryperlods of rest for the periods he has foregone 139 nothing in this chapter or the rules made thereunder shall, where 5 due provision has been made for the °relief of a railway servant,8uthorise him to leave his duty until he ha's been relieved railway servant to remain on duty 140 (1) subject to such rules as 0 may be made in this behalf, the central government may appoint supervisors of railway labour (2) the duties of supervisors of railway labour shall be-supervisors of railway labou'r 10 6) to inspect railways in order to determine whether the provisions of this chapter or of the rules made thereujlder are duly observed; and (ii) to perform such other functions as may be prescribed (3) a supervisor of railway labour shall be deemed to be a com-15 missioner for the purposes of sections 7 and 9 power te make i'ules ill respect of matters in this chapter, 141 (1) the central government may, by notification, make r\lles to carry out the purposes of this chapter - (2) in particular, and without prejudice to the generality of the foregoing opower, ~uch rules may provi"e for all or any of the follow-20 ing matters, namely:-(a) the authorities who may decjare the employment of any railway servant essentially intermittent or intensive; (b) the appeal against any such declaration and the manner in which and the conditions subject to which any' such appeal 25 may be filed and heard: (c) the categories of staff that may be specified under subclauses (iv) , (t) and (vi) of clause (e) of 'section 135; (d) the authorities by whom exemptions under sub-section (4) of section 137 or sub-section (3) of section 138 may be made; (e) the delegation of power by the authorities oreferred to in clause (d); (i) the railway servants to whom clause (ii) of sub-section (2) of section 138 apply and the periods of rest to be granted to them; (g) the appointment of supervisors of railway iabour and their functions 0 chap'i'er xv penalties and o!'fsncesit2 (1) if any person, with intent to defraud a railway adminiltration-fo (a) enters or remalms in any carrig~ on a railway or travels in a train in ~ontraventjon of section 53, or fraudulently travelling or at tempting to travel without proper pus or tick4, (b) uses or attempts to use a single ·pass or a lingle 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 punishable with imprisonment for a term which may extend to six months and to fine which may extend to one thousand rupees: 5 provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the court, such punishment shall not be less than imprisonment for a term of one month and a fine of two hundred and fifty rupees (2) the person referred to in sub-section (1) shall also be liable j 0 to pay the 'excess charge mentioned in sub-section (3) 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 tickets of passengers travelling in the train have been j 5 examined since the original starting of the train the ordinary single fare from the place where the tickets were so examined or, in case of their having been examined more than once, were last examined - (3) the excess charge refelted to in sub-section (2) shall be a suill equivalent to the ordinary single fare referred to in that sub-section or 20 twenty rupees, whichever is more (4) notwithstanding anything contained in section 65 of the indian penal code the court convicting an offender may di~t that the person 45 of 1880 in default of payment of any fine inflicted by the court shall suffer imprisonment for a term which may extend to six months 25 143 (1) if any passenger,-(4) being in or having alighted from a train, fails or refuses to present for examination or to deliver up his pass or ticket immediately on a demand being made therefor under section 52, or (b) travels in a train in contravention of the provisions of 3u section 53, levy of excess charge and fare for travelling without propei' pass or ticket of' beyond authorised distance he shall be liable to !lay, on the demand of my rail way servant authorised in this behalf, the excess charge mentioned in sub-section (3) in addition to the ordinary single fare for the distance which he has travelled or, where there is any doubt as to the station trom which he started, the ordinary 35 single fare from the 'station from whicl1 the train originally started, or it the tickets 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 ticket were so examined or· in the case of their havin, been examined more than once, were last examined fo (2) if any passenger,-(0) travels or attempts to travel in or on a carriage, or by a train, of a higher class the that for which he has obtained a pass or purchased a ticket; or ~, 'j - (b) travels in or on a carriage beyond the place authorised by his pa,ss or ticket, he shall be liable to pay, on the demand of any railway servant authorised in this behalf, any difference between the f-re paid by him and the 5 tare payable in respect of the j,ourney he has made and the excebi charee referred to in sub-section (3) (3) the excess charge shall be a sum equal to the amount payable under sub-section (1) or sub-section (2), as the case may be or twenty rupees, whichever is more: 10 provided that if the passenger has with him a certificate granted under sub-section (2) of section 53, no excess charge shall be payable (4) if any passenger liable to pay the excess charge and the fare mentioned in 'sub-section (1), or the excess charge and any difference of fare mentioned in sub-section (2), fails or refuses to pay the same on a j 5 demand being made therefor under one or other of these sub-sections as the case may be, any railway servant authorised in this behalf may apply to any metropolitan magistrate or a judicial magistrate of the first or second class, as the 'case may be, for the recovery of the sum payable as if it were a fine, and the magistrate if satisfied 20 that the sum is pale shall ord~ it to be so recovered, and may order that the person liab~e for the payment shall in default of payment suffer imprisonment of either description for a tenn which may extend to one month but not less than ten days (5) any sum recovered u~er sub-section (4) shall, as and when 25 it is recovered, be paid to the railway administration 144 any person failing or refusing to pay the fare and the excels charge referred to in section 143 may be removed by any railway power remove ,modi ~ervant authorised in this behalf who may call to his aid any other person to effect such removal: 30 provided that nothing in this section shall be deemed to preclude a person removed from a carriage of a higher class from continumg his journey in a carriage of a class for which he holds a pass or ticket: i' ~ t l- provided further that a woman or a child if unaccompanied by a mal passenger, shall not be so removed except either at the station from where the or he commences her or his journey or at a junction or 35 terminal station or station at the headquarters of a civil district and such removal shall be made only during the day security fo!' aood behaviour ill certaia cases - 14& (1) when a court convioting a person of an offence under section 142 or section 143 finds that he has been habitually committlug 40 or attempting to commit that offence and the ~urt "is of the opinion that it is' necessary or desirable to require that person to execute a bond for good behaviour, such court may at the time of passing the sentence on· the persoh, order him to execute a bond with or without lureti~ for such amount and for such period not exceeding three years as it 45 deems fit (2) an order under sub-section (1) may alga be made by an appellate court or by the kith court when exercising its powers of revision needlessh interfering with meads otcommu-ication in a train ,1m j1 any passenger or any other person, without reasonable and sufficient cause, makes use of, or interferes with, any means provided by a railway administration in a train for communication between passengers and the railway servant in-charge of the train, he shall be punishable with imprisonment tor a term which may extend to one year, 5 or with 'fine which may extend to one thousand rupees, or with both: provided that, in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the court, where a passenaer, without reasonable and sufficient cause, makes use of the alarm chain provided by a railway administration, such punishment shall not 10 be less than-(a) a fine of five hundred rupees, in the case of conviction for the first offence; and (b) imprisonment for three months, in case of conviction for the second or subsequent offence 14:7 (1) if ~y person not being a railway servant or an agent authorised in this behalf- lty for b'adsfer al tickets (a) sells or attempts to sell any ticket or any half of a return ticket; or i - (b) parts or attempts to part with the po_sion of a ticket 20 against which reservation of a seat or berth has been made or any half of a return ticket or a season ticket, in order to enable any other person to travel therewith, he shall 'be punishable with imprisonment for a term which may extend to three months and with fine which may extend to five hundred rupees and shall 25 also forfeit the ticket which· he sells or attempts to sell or parts or attempts to part (2) if any person purchases any ticket referred to in clause (a) of sub-sectio~ (l) or obtains the possession of any ticket referred to in clause (b) of that sub-section from any person other than a railway ser- 30 vant or an agent authotised in this behalf, he shall be punishable with imprisonment for a tenn which may extend to three months and with fine whu:h may extend to five hundred rupees and if the' purchaser or holder of any ticket aforesaid travels or attempts to travel therewith, he shall forfeit the ticket which he bo purchased or obtained and shall be 35 deemed to be travelling without a proper ticket and shall be liable to be dealt with under section 143: provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the court, the punishment under sub-section (1) or sub-section (2) shall not be less than imprison- 40 ment for a term of one month and a fine of two hundred and fifty rupees la (1) if any person, not being a runway servant or an agent authorised in this behalf,-(a) carriei'oji· the business of procuring and supplyina tickets for travel on a railway or for reserved accommodation for jo~y 45 in a train; or , (b) purchases or sells or attempts to p"n:hase or sell tickets with a view to carrying on any such business either by himself or bl any other person, ,', i'etlatty for unauthorised catfying od of businels of proeurin and sup-plyinl ot i'iillway ticketl he shall be punishable with imprisonment for a term which may extend to three years and with fine which may extend to one thousand rupees adc1 shall also forfeit the tickets which he 80 procures, supplies, purchases, sells or attempts to purchase or sell: 5 provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the court, such punishment shall not be less than imprisonment for a tann of one year and a fine of five hundred rupees (2) whoever abets any offence punishable under this section shall, 10 whether or not such offence is committed, be punishable with the same punishment as is provided for the offence prohibition on hawking etc, and begging 149 (1) if any person canvasses for any custom or hawks or exposes for sale any article whatsoever in any rail way carriage or upon any part of a railway, except under and in accordance with the terms and ccmdt-15 tlons of a licence granted by the railway administration in this behalf, he shall be punishable with imprisonment for a term which may extend to one year and with fine which may extend to two thousand rupees: provided that, in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the court, such punishment 20 shall not be less than imprisonment for a term of six months and a fine of five hundred rupees (2) if any person begs in any railway carriage or upon a railway station, he shall be liable for punishment as provided under subsection (1) 25 (3) any person referred to in sub-seetien (1) or sub-seetion (2) may be removed from the railway carriage or any part of the railway or railway station, as the case may be, by any railway servant authorised in this behalf or by any other person whom such railway servant may call to his aid 30 150 if any person in any railway carriage or upon any part of a l'ailway-drunken ness or nuisance (a) is in a state of intoxication; or (b) commits any nuisance or act of indecency or uses abuive or obscene language; or 35 (c) wilfully or without excuse interferes with any amenity provided by the railway administration so as to affeet the confonable travel of any passenger, he may be removed from the railway by any rauqy servant and abau, in addition to the forfeiture of his pass or ticket, be punishable with tm-40 prisonment which may extend to six months and with fide which may extend to five hundred rupees: provided that in the absence of special and adequate r~ to tile codtrary to be mentioned in the judgment of the court, such pum 1d8i1t shall not be ibm ttian-(a) a fine of one hundred rupees in the case of conviction for the first offence; and (b) nnprisonment of one month and a fine of two hundred and fifty rupees, in the case of conviction for second or subsequent offence 151 if any person wufully obstructs or preven~ any railway ~ant 5 in the ~charge of his duties, he shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both , obs~ tin, railway servant ia his duti •• 152 (1) if any person enters upon or into any part of a railway without lawful authority, or havi~ lawtuily entered upon or into such 10 part misuses such property or refuses to leave, he shall be punishable with imprisonment for a term which may extend to six months and with fine which may extend to five hundred rupees: tresp8ii and refu-bal to desist from trespull provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the court, such punishment 15 shall not be less than imprisonment for a term of one month and a fine of two hundred and fifty rupees (2) any person referred to in sub-section (1) may be removed from the railway by any railway servant or by any other person whom such railway servant may call to his aid 20 153 ii in any application for compensation under section 124, any person makes a statement which is false or which he mows 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, or with fine, or with both 25 penalty for making a false statement in an application for compensation makin, a false claim for compensation 1m if any person requiting compensation from a railway administration for loss, destruction, damage, deterioration or non-delivery of any consignment makes a claim which is false or which he knows or believes to be false or does not believe to be true, he shall be punishable with imprisonment for a term which lylay extend to three years, or with fine, or 30 with both maliciously wreckine orattempting to wreck a train 155 (1) subject to the provisions of sub-section (2), if any person unlawfully,- (a) puts or throws upon or across any railway, any wood, stone or other matter or thing; or 35 (b) takes up, removes, loosens or displaces any rail, sleeper or other matter or things belonging to any railway; or (e) turns, moves, unlocks or diverts any points or other machinery belonging to any railway; or (d) makes or shows, or hides or removes, any signal or light upon 40 or near to any railway; or (e) does or causes to be done or attempts to do any other act or thing in relation to any railway, with intent or with mowledge tbat he is likely to endanger the safety of any person travelling on or being upon the railway, he shall be punishable 4s with· imprisonment for life, or with regorou's imprisonment fw a term which may extend to ten years: provided that in the absence of special and adequate reuods to the contrary to be mentioned in the judgment of the court, where a period is punishable with rigorous imprisonment such imprisonment shall not be less than-5 (4) three years in the case of a conviction for the first ofrence; and (b) seven years, in the case of conviction for the second or subsequent offence (z) if any person unlawfully does any act or thing referred to in any 10 of the clauses of sub-section (1)-(a) with intent to cause the death of any person and the doing of such act or thing causes the death of any person; or (b) with knowledge that such act or thing is so imminently dangerous that it must in all probability ceuse the death of any 15 person or such bodily injury to any person as is likely to cause the death of such person, he shall be punishable with death or imprisonment for life 156 (1) if any person, with intent to cause, or knowing that he is likely to cause damage or destruction to any property of a railway reter-damqe to or destruction of certain railway properties 20 red to in sub~tion (z), causes by fire, explosive substance or otherwise, damage to such property to the extent of one hundred rupees or upwards, or destruction of such property, he shall be punishable with imprisonment for a term which may extend to ten years (z) the properties of a railway referred to in sub-section (1) are 25 railway track, bridges, station buildings and installations, carriages or wagons, locomotives, signalling, telecommunications, electric traction and block equipments and such other properties as the central government being of the opinion that damage thereto or destruction thereof is likely to endanger the operation of a railway, may, by notigo fication, specify malimoual)o hurting or attemptin, to hurt persons travelling by railway 157 if any person unlawfully throws or causes to fall or strike at, against, into or upon any rolling stock farming part of a train, any wood, stone or other matter or thing with intent, or with knowledge that he is likely to endanger the safety of any person being in or upon such rolling 35 stock or in or upon any other rolling stock forming part of the same train, he shall be punishable with imprisonment for life, or with imprisonment for a term which may extend to ten years 158 if any petbon by any unlawful act or by any wilful omission or neglect, endangers or causes to be endangered the safety of any person 40 travelling on or being upon any railway, or obstructs or causes to be obstructed or attempts to obstruct any rolling stock upon any railway, he, shall be punishable with imprisonment for a term which may extend to five yeara: enclanpr-in, safety of persom tntvelllng by rauway by wi1fuj act; or omission provided that in the absence of special and adequate reasons to the , contrary to be mentioned in the judgment of the court, such impriionment shall not be less than-(a) six months in the case of conviction for the ftrst offence; and (b) two years in the case of a conviction for the second or subo 0 ,sequent offence 158 if any person in a rash and negligent manner does any act, 01' omits to do what he is legally bound to do, and the act or omi'ssiod is likely to endanger the safety or any persqn travelling or being upon any 3 railway, he shall be punishable with imprisonment for a term which may extend to one year, or with fine, or with both endadjering safety of person travellln, by railway by ruh or negliaent act or omlmlon 110 (l) if any pell8jlger-edtering into (4) having entered a compartment wherein no berth or seat has been reserved by a railway administration for his use, or 10 (b) having unauthorisedly occupied a berth or seat reserved· by a railway administration for the use of another passenger, '8 compartment relerved or relistinc entry inte acompartment notreserved refuses to leave it when required to do so by any railway servant authorised in this behalf, such railway servant may remove him or callie him to be remeved, with the aid of any other person, from the 15 compartment, berth or seat, as the case may be, and he shall also be punishable with fine which may extend to two hundred rupees - (2) if any passenger resists the lawful entry of another passenger into a compartment not reserved for the use of the passenger resisting, he shall be punishable with fine which may extend to two hundred rupees 20 1&1 if any passenger enters or leaves, or attempts to enter or leave,-(4) any carriage while the train is in motion; or (b) elsewhere than at the side of the carriage adjoining the platform or other place appointed by the railway administration for passengers to enter or leave the carriage; or 25 enterinl carriage in motion or otherwise improperly travellin, ona railwq (c) opens the door of any carriage while the train is in motion, he shall be punishable with imprisonment for a term which may extend to one month, or with fine which may extend to fifty rupees, or with both travelllnj on root, step or ~of a ireln 162 if any pa$en~r or 8i1y other person, after being warned by a railway servant to 4esist, persists in travelling on the roof, step or foot- 30 board of any carnage or on an engine, 0 or ip any other part of a train dot int@ded for the use of passengers, he shall be punishable with lmprisod-ment for a term which may extend to three months and with fui'6 which may extend to five hundred rupees and may be removed from the railway by any railway servant: 3~ provided that in the absence of special and adequ~ reason to the contrary to be mentioned in the judgment of the court, such punishment iball not be less than imprisonment for a term of ten days and a ftne of oftll hundred npeel alterin, or <ferae ing pus or ticket 113 if any passenger wilfully alters or defaces his pus or ticket so u to render the date, number or any material portion thereof illegible, he shall be punishable with imprisonment for a term which may extend to three month;l, or with fine which may extend to two hundred and fifty 5 rupees, or with both 164 any person under whose authority any railway servant is employed in contravention of any of the provisions of ghapter xiv or of the rules made thereunder, he shall be punishable wltli fine which may extend to five hundred rupees penalty for contravention of any of the provisiona 011 chapter xiv 10 185 if any driver or conductor of any vehicle while upon the premises of a railway ttisobeys the reasonable directions of any railway servant or police ofticer, he shall be punishable with imprisonment for a tenn which may extend to one month, or with fine which may extend to one hundred rupees, or with both dieobedience of drivers or conduc tors of vehicle, to directions of railwsy servant etc openinc or breakiilg a level, crossinl icntic 15 1416 (l) if any person" other than a railway servant or a person authorised in this behalf, opens any gate or chain or barrier set up on either side of a level crossing which is closed to road traffic, he shall be punishable with imprisonment for a term which may extend to three years 20 (2) if any person breaks any gate or chain or barrier set up on either side of a level crossing which is closed to road tra1bc, he shail be punishable with imprisonment for a term which may extend to five years 167 (1) if any cattle are wilfully driven, or knowingly permitted to cattle 25 be, on any railway otherwise than for the purpose of lawfully crossing the trespass railway or for any other lawful purpose, the person in charge of the cattle or, at the option of the railway administration, the owner of t~e cattle: shall, in addition to any amount which may have been recovered i of 11'1 \ or may be recoverable under the cattle-trespass act, ip71 be punishable 30 with fine which may extend 1;0 thirty rupees for each head of cattle 1 of 18'11 (2) any fine imposed under sub-secijon (1) may, if the court so directs, be recovered in the manner provided by section 25 of the cattletrespass act, 1871 (3) the expression "public road" in sections 11 and 2e of the cattle-5s trespass act, 1871, shall be deemed to include a railway, and any railway senr~i may exercise the powets conferred on officers of police by section 11 of that act 1 of 1871 (4) in this section,' "cattle" has the same meaning as in the cattletrespass aet 1871 j of 11'11 168 if any person driving or leading a vehicle is negligent in cl'oi8ida an unmanned level crossing, he shall be punishable with imprisonment which may extend to one year neali-&edtly crossing unmanned level crossidl· e~la1&4tion-for the purposes of this section, "negligence" in relation to any person driving or leading a vehicle in crobbing an unmanned 5 level crossing means the crossing of such level crossing by such person-(a) without stopping or caring to stop the vehicle near such level crossing to observe whether any approaching rolling stock is in sight, « (b) even while an approaching rolling stock is in sight 10 169 if a male person knowing or having reason to believe that a carriage, compartment, berth or seat in a train or room or other place is reserved by a railway administration for the exclusive use of females, without lawful excuse,-entering carriaae or other place reserved for femala (a) enters such carriage, compartment, room or other place, or 15 having entered such carriage, compartment, room or place, remains therein; or (b) occupies any such berth or seat having been required by any railway servant to vacate it, h~ shall, in addition to being liable to forfeiture of his pass or ticket, be 20 punishable with fine which may extend to two hundred rupees and may also be removed by any railway servant giving false account of goods 170 if any person required to furnish an account of goods under section 64, gives an account which is materially false, he and, if he is not the owner of the goods, the owner also shall, without prej,udice to his 25 liability to pay any freight or other chafge unde:r any provision of this act, be punishable with fine which may extend to five hundred rupees for every quintal or part thereof of such goods unlawfuu7 bringing dangerous goods on a railway 171 if any person in contravention of section 65, takes with him any dangerous goods or en4'usts such goods for carriage to the" rauway go administration, he shall be pwiishable with imprisonment for a term which may extend to three years and shall also be liable for any loss, injury or damage which may be caused by reason of bringing such goods on the railway: provided that in the absence of special and adequate ,i'easons to the 35 contrary to be mentioned in the judgment of the court, such punishment shall not be less than imprisonment for a term of one month unlawfull, bringing oi'lenalve good on a railway 172 if any petaon, in contravention of section 65, takes with him any offensive goods or entrusts such goods for carriage to the railway administration, he shall be punishable with fine which may extend to 40 ftve hundred rupees and shall also be liable for any loss, inj,ury or' damage which may be caused by reason of bringing such goods on the rauway 173 if any penon without lawful authority-defacing pubuo notices (a) pulls down or wilfully damages any board or document set 4s up or pasted by the ord~ of a railway administration on a railway or any rolling stock; or (b) obuterates or alters any letters or figures upon any such board or document or upon any rolling stock, he shall be punishable with imprisonment for a term which may extend to one month and with fine which may extend to two hundred and fifty rupees 17' (1) no passenger in any compartment of a train shall, if objected smoking 5 to by any other passen·ger in that compartment, smoke therein (2) notwithstanding anything contained in sub-section (1), a railway administration may prohibit smoking in any, train or part of a train (3) whosoever contravenes the provisions of s~b-section (1) or subsection (2) shall be pwlishable with fine which may extend to one 10 hundred rupees travel on railway with infeetious or contagious disease 175 if any person suffering from any infectious or contagious d1seaae enters or remains in any carriage or travels on raihvay in contravention of the provisions of 8ub-section (1) of section 54 he, and any person accompanying him on the railway shall, in addition to their being liable 15 to the forfeiture of their passes or tickets and removal from the railway by any servant, be punishable with fine which may extend to one hundred rupees 176 (1) if a person under the age of twelve years is guilty of any of the offences under sections 155, 156, 157, 158 and 159, the court convicting 20 him may require the father or guardian of such person to execute, within such time as the court may fix, a bond for such amount and for such period as the court may direct for the ,rood conduct of such person (2) the amount of the bond, if forfeited, shall be recoverable by the court as if it were a fine imposed by itself 25 (3) if a father or guardian fails to execute a bond under sub-section (1) within the time fixed by the court, he shall be punishable with ftne which may extend to fifty rupees provision with respect to commission of offence by the children of acts endangering safety of person travellin, on railway levy of penalty on non-government railway 177 if a non-government railway fails to comply with, any requisition made, decision or direction given, by the central government, under any 30 of the provisions of this act, or otherwise contravenes any of the provisions of this act, it shall be open to the central government, by order, to levy a penalty not exceeding two hundred and fifty rupees and a further penalty not exceeding one hundred rupees for every day during which the contravention continues: 35 provided that no such penalty shall be levied except after giving a reasonable opportunity to the non-government railway to make such representation as it deems fit recove17 of penalty 178 any penalty imposed by the central government under section 177, shall be recoverable by a suit in the district court having jurisdiction 40 in the place where the head office of the non-govemment railway is situated 119 nothing in section 177 or 178 shall preclude the central government from resorting to any other action' to compel a non-government railway to discharge any obligation imposed upon it by or under this 45 act section 177 of 178 not to preclude central governmentfrom taking an, other action penalty f~ drunkenneue 110 u any raflway servant is in a state of intoxication while on dutj he shall be punishable with fine which may extend to fifty rupees and w,hen the performance of any duty in such state is likely to endanger the safety of any person travelling on or being upon a railway, such railway servant shall be punishable with imprisonment for a term which may extend to one year, or with fine or with both-5 abandoaina train, etc, without authority 181 if any railw~ servant, when on duty, is entrusted with any responsibilfty connected with the running of a train, or of any other rolling stock from one station or place to another station or place, and he abandons his duty b~fore reaching such station or place without autharlq or 10 without properly handing over such train or rolling stock to another authorised railway 'servant, he shall be punishable with imprisonment for a term which may extend to t~ years and with fine which may extend to five hundred rupees: provided that in the absem:e of special and adequate reasons to the 15 contrary to be mentioned in the judgment of the court, such punishment shall not be less than imprisonment for a term of six months and with a fine of two hundred and fifty rupees 182 if any railway sel'vant (whether on duty or otherwise) or any other person obstructs or causes to be obstructed or attempts to obstruct 20 any train or other rolling stock upon a railway,-obstructin, runnin! af train, etc, (4) by squatting or picketing or during any rail toka agitation or b4ndh; or (b) by keeping railway; or without authority any rolling stock on the 25 (c) by tampering with, disconnecting or interfering in any other manner with its hose pipe or tampering with signal gear or otherwise; he shall be punishable with imprisonment for a term which may extend to two years and with fine which may extend to two thousand rupees: provided that in the absence of special and adequate reasons to the 30 contrary to be mentioned in the judgment of the court, such punishment shall not,-(i) if it relates to the offences specified in clauses «(i) and (b), be less than imprisonment for a term of three months and a fine of five hundred rupees; 35 (n) if it relates to the offences specified in clause (c), be leas than imprisonment for a term of six months and a fine of one thousand rupees 183 if an,y railwa~ servant, when on duty, endangers the safety of any 40 person-endauprtn,the lbfety of penoaa (g) by disobe~ng any rule made under this act: or (b) by disobeying any instruction, direction or order under this act or the rules made thereunder, or i (c) by any rash or negligent a'ct or omission, he shall be punishable with impp,sonment for a term which may e~tend 45 to two years and with ftne which may extend to one thousand rupees: provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the court, such punishment shall not be less than imprisonment for a term of six months and a fine of five hundred rupees 5 184 1£ any railway servant unnecessarily,-obstruct_ ina level croulng (a) allows any rolling stock to stand across a place where the railway crosses a public road on the level; or (b) keeps a level crossing closed against the p,ublic, he shall be punishable with ftne which may· extend to one hundred rupees false returns io 185 if any railway servant required to furnish a return by or under this act, signs and furnishes a return which is false in any material particular or whi'ch he knows or believes· to be false, ot does not believe to be true, he shall be punishable with imprisonment which may extend to one year, or with fine which may extend to five hundred rupees, or witll 15 both making a false report by a railway servant 186 if any railway servant who is required by a railway adminislra~ tion to inquire into a claim for loss, destruction, damage, deterioration or non-delivery of any consignment makes a report which is false or which he mows 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 two 20 years, or with fine which may extend to one thousand rupees, or with both 187 if any railway servant referred to in sub-section (2) of section 54 penalty knowing or having reason to believe that a person is suffering from any for w nnlo•l1-infectious or contagious disease, wilfully permits the person to travel on , 25 a railway without malt::ng arrangements for his separation from other paspermitting a person sengers, he shall be punishable with fine which may extend to one sutrerln, hundnd rupees } tram any infectious or conta-11ou diieiie to travel omilbion to jive notice of accident 188 if any railway servant omits to give such notice of an accident as is required by section 111 or in the form and manner prescribed under 30 section 120, he shall be punishable with fine which may extend to fifty rupees arrest for offences under certain sections 189 (1) if a person commits any offence mentioned in sections 142, 146, 147, 148, 149, 150, 151, 152,156, 156, 157, 158, 159, 160, 161, 162, 163, 166, 168, 169, 171, 173, 176, 180, 181, 182 and 183, he may be 35 arrested without warrant od other written authority by any rauway se,rvant or police officer not below the rank of a head' constable (2) the railway servant or the police officer may call to his aid any other person to effect the arrest under sub-section (1) (3) any person so arrested under this section shall be produced 40 before the nearest magistrate within a period of twenty-four hours of such arrest exduding the time necessary for the journey from' the place of arrest to the court of the magistrate arrest ot p ~to ablconl, etc111 (1) if any person who commits any ojience under this act, outer tha:n an offence meiltionect in seetion 189, -or js -~ to pay any excess chqe or other sum demanded under section 143, falls or ~ togive his name and address or there is reason to believe that the name and address given by him are fictitious or that he will abscond, any railway 5 servant authorised in this behalf or any police oftlcernot ·be1owtllerank of a bead constable may arrest him without warrant or written authority (2) the railway servant or the police officer may call to his aid any other person to effect the ar1'est under sub-section (1) (3) any person· arrested under this section shall be produced before 10 the> nearest magistrate within a perioo of twenty-four hours of such arrest aeluaing itbe' time necessary for 'the joumey from the· place of arrest to -1he court of the~glstnte unless he i'8 released earlier on 1iyid,·ballor if 'his true ·name and ack:jnss are aacertain8d on executing a jbciild without ~'i1u'eties for his appearldce ·before the· magistrate having jurtlldmtion to try him for the·offence 15 2 of tnt (4) the provisions of chapter xxiii of the code of criminal prooeclun!, 1t73, -shall, 110 far b's may be, appll: to the giving of bat i and the exeeution of bonds 'under ,this ·seetfon ulnotwtthstanding anyt~g contained in the code oj criminal 20{ 1974 proceclure,'19'13, 'ilo court inferior to that of a metropolitan magistrate or ~o a l-udiefal macfstrate of the first class shall try an offence under this act mqlatrate lanidi juride ticm the actplace of trial liz (1) any person committiqean ,oaence udder this act or any rule made tlberem:tder 1iaa1l be viable -for, luc:h offealce in eny place in which he may be or which the state government may nouty in tbi8 be- 25 half, as well as in any other place in which he is liable to be tried udder any law for the time being in forc:e (2) every notification under sub-section (1) shall be publilhed in the <>mcla1 gazette, and a copy thereof shall be edibtted for qae iqiormatlon of:the pubuc in some ~cuou8 place at such railwa1 tlodi 30 as the state government may c1ireet i' i l _ chapter xvi 193 (1) a railw,q ac1ministration may, for the pudpose of facluting the carrl of puienl81's or goods or to provide integrated service for 35 suh carriage, provide any otker mode ·of transport (2) jiotwithstapdinl-~ coataioed in • y other law for ,~·time ",!ia~feree, the~rof ,thia ~ &ballapply to~the oarrtace of ,-e!wif' or ,gema hy tho mede of trad8port refeqed· ·totn sbolectlon ul ~ l,nj (1} nowritutanding anjtbial to, the,con - , cojitaided' in any other, law a~railwa, administ&'&ticn\,1liib d fbe,ltall18!to:pay:; in aid of~tae:tuddi·,of my loeal amboru,t:ud1eiil tbe~calltntcaownueat, by notification, declares the railway administration to be liable·to pay the 5 tax specifted in such notification tamlon' on na wa,, ,by ~ authoritle$ • (2) while a not1fieation of the·ceatral aovr-n,\ijldeao sub 1iouoft· (1) is in follce, the, rauwa, admiai tleatbabcbe·1i8b1e,to ~, thelocal authority either the tax specified in the notification or, in ueu'tm!wof, such sum, if any, as an oftlcer appointed in this behalf by the central 10 government may, having regard to all the clreumitances of the cue, from time to time, detennine to be fair and nuonable (3) the central government may at any time revoke or vary a doti· fication issued under sub-section (1) (4) nothing in this section shau be conatniedto preuedt any railway j 5 administration from enterin, into a colltl:lct with ,8d,local - , tor the supply of water or u,ht, or for the sc:avedllul of rauwilf: pniiiiiei, or for any other service which the local authority· ill be,", or be prepared to render to the railway administration its (1) notwithstandin, anytmaa to tt contluy colltalned in any taatloa oil rail· toi'-ad, ••• jdeidi 20 other law, a railway administration shall not be llable to pay any tax to any local autbority: in respeet', of· anr advjertiaanmt· maci&-'oil 8d1 part of the railway unlea the cedtral; govemment, bj· notiflatlea; declans the railway adminiatration to be jiawe to pay' the tax specifted in sugh notification 2 5 (2) the centra} government may at any time, revoke or vary a notification issued under, sub-sectlon (1) barot jurildtctlon of civil courta 1m save as otherwise expressly provided in this act no civil coiil't shall have jurisdiction to entertain any suit or proceedidcfor anywq done or action taken or any omission made by the ceatral gonnudent or by a railway administration in violation or contravention, of adj' pro-30 vision of this act 197 no suit, prosecution or other proceeding shall lie aplnst the central government, any railway admtnistratt~ a rallway &el'vju'1t or ad1 other person for anything which is in good faith done or intended to be done in pursuance of this act or any rules or orders made thereunder protection of action tak_ in igod fiwl 35 restrietioa, encu_ aput rellwa;v ptoperty 118 (1) no rolung stock, machinery, plant, tools, fittings, materials or effects used or provided by a railway adm1nfstrattod for the purpoi8 of traftle on its railway, or of its stations or workshops, ehau be llah1e to be taken in execution of any deereeor order of any court or of ~ local 40 authority or person having hy law the power to attach or, dlitnin ~ perty or otherwise to cause property to be taken in executiod, ww1cnt the previous sanction of the central govemment (2) nothing insub-secuon (1) shall be coastnled to the authority-of any court to attach the eaminp of a railway in executlojl of 45 a decree or order 189 (1) any rauway servant, who is not a public servant within the 45 of lts6 meaning of·· section 21 of the indian penal code, shall be deemed to bea public· servant for the purposes of chapter ix and secus" of that code ' (2) in the definition of ''legal remuneration" in section 161 of the indian penal code, the word ''govel-nment'' shan, for the purposes of 5 iiuh sectiod (1), be deemed to include any employer of a railway servant 45 of 1'86 u~ bailwa)" 8ii1'98nts to be public servfmts tor the plu"poieij of chap_ ter ix au4 section 409 of the iadliiil penal code 200 a railway servant shall not-10 railway -rvant not to edg&fe in trade (a) purchase or bid for, either in perlon or by an agent, in his o'wn·name'or in that of another, or lomtly or in shares with others, any property put to auction under section 81 or 'section 82 or section 83 or seetion 88; or 15 pjoew4i_ fgl"- ftlt tid railwa)" administration of prgpej:ty -wiled by railway iel"vailt (b) in contravention of any direction of the railway administration in this behalf, engage in trade 1 if a railway servant is d1scharged from service or is suspended, or dies or abseonds or absents himself, and he or his wife or widow or any member of ·his family or his representative, refuses or neglects, after notice in writing for that purpose, to deliver up to the railway aciminis- 110 tration or to a person appointed by the railway administration, in this behalf, any station, dwelling-house, oftlce or othtu' building with its appurtenances, or any books, papers, keys, equipment or other matters, belonging to the railway administration and in the possession or custody of such railway servant at the occurrence of any such event as aforeaald, any m~tropoutan magistrate or judicial magistrate of the first class may, on application rnadeby or on behalf of the railway administration, order any police ofticer, with proper assistance, to enter upon the station, dwelling-house or other building and remove any per~on found therein and take possession thereof, or to take possession of the books, papers or other 15 matters, and to deliver the same to the railway administration or to a person appointed by the railway administration in that behalf 202 entries made in the records or other documents of a railway administration shall be admitted in evidence in all proceedings by or against the railway administration, and all such entries may be proved 30 either by the production of the records or other documents of the railway administration containing such entries or by the production of a copy of the entries certifled bf' the oftleer having custody of the records or other doewnents under h1's signature and stating that it is a true copy of the original entries and that such orlglnal entries are contained in the records or other documents of the railway administration in his possession 35 203 aily notice or other document required or authorised by this act tobe served on a rauway administration may be served, in the case of a zonal" railway on the general manager or any of the railway servant authorilled by the general manager, and in the case of any other railway, servlee of dotfce, on ra!1way acjmfnt tt'audft on the owner or:leuee of the railway or the pe1'lol1,w'orkidi the railway under an ,agreement-; (a) by'delivering it to him; or (b) by leaving it a~ his ofbce; or 5 (c) by registered post to his oftlce addre •• 204 unless otherwise provided 'in this 'act or the rules framed tberes8mce under, any notice or other document required or "authorised by this aet of doticee to be served on 'any person by a railway adminh1tration may be servedetc" (4) by delivering it to the penon; or by railway aciminj-tration 10 (b) by leaving it at the usual or last known place of abode of the person; or " (c) by registered post addressed to the person at his usual or last known place of abode ' p~ tion where notice is serveci by poet 205 where a notice ol' other document is served by post, it sliau be 15 deemed to have been served at the time when the letter contatntn, it would be delivered in the ordinary course of post, and in proving such service, it shall be suftlcient to prove that the letter contafnidg the dotfce or other document was properly addressed and registered 206~ (1) a railway administration may, by order in writing, autborim 20 any railway servant or other person to act for, or represent it, as the case may be, in any proceeding before any clvil, criminal or other courts rapremntatiod of ra1:1wa, acimjju-tratlod lot 1974 (2) a person authorised by a railway administration to conduct prosecutions on its behalf shall, notwithstanding anything in section 302 of the code of criminal procedure, 1973,be entitled to conduct such prose-25 cutions without the permission of the magistrate 207 the central govetnment may, by notification, exempt any railway from all or any of the provisions of this act power to exaapt railwey froas act mattws supplematal to the deftditioll8 ot "rau-way" and "railway senrant" , z08~ (1) for the purposes of sections 65" 111, 119, 121, 129, 152, 158 to 159, 166, 171, 173, 176, 178, 179, 181 to 184, 188, 189, 190,192, 191,195, 198 30 to 201, 203, 204, 206 and 208, the word "railway" whether it 0cc'lu'ji alcme or as a, pl'efix to another word, has refwence to a railway or portion of a rlluway under construction ill}d to a railway or portion of a railway not used for the public carriage of passengers, animals or goods as wen as to a rauway falling within the deftnitic!d of that word in clause (30) of 40 section 2 (i)' nt ~: puipclm' of mfettdlw '1, 22, ul, 1m; 1" 180 to 1m; 1m 199, 200 and 201, the expression "railway ~i' ~ a perifib employed under a railway in connection with the service thereof by a penon fulfllung a contract with the railway' admmtlltntim •• wlthout prejudice to an,-}lo¥te' to; jd8kei nteoataidedl elsewba'e 5 in this act, the central government may make rul aeurauy to earry out the purpoles of thl act ! rulee to be • ~ parlta mfnt zig every rule made under this act sba11 be laid, u soon as may be after it is idlclllti beme each houiie -of ~ whij4t'it is in liiilon, fot' a total p8l'iod·of thtttt'da, htdrmay be ecal,laid'ib ode __ 10 or in two or m4lt'e'l1ieeeadye ~aad ~if, befere' th~< dittay of the session immediately following the session or the successive ions ~ said, both houses agree in maldnc· ,any madtioat1oa in the rule or both houses agree' that the rule should not be made, the rule shall thereaftel" have eifect only in such mod1fled form or be of no etreet, as the cue 15 may be; so, liowever, that any such mocwleatlon or annulment shall be without prejudice to the validity of anything previously done under that rule 211 (1) the lndian railways act, 1890 is hereby repealed eof 1190 (2) notwithstanding the repeal of the indian railways act 1890 20 (hf!ll'eindter referred to as the repealed aet)-(ii) anytbidg done or any action taken or purported to have beea dade· or' tajren· (including «by rule, dotiftcetion, id8pection, order or notiee m- or issued, or any appointmer1t or declaratlclft made or any ucence, permission, authqrisation or exemption granted or any 25 document or instrument exec~ted or any direet10n given or any proceedings taken or any penalty or fine imposed) undv the repealed act shall, in so far as it is not inconsistent with the provisions of this act, be deemed to have' been done or taken under the corresponding provisions of this act; : 30 (b) any complaint made to the railway rates tribunal under subsection (1) of section 41 of the repealed act but not disposed of before the commence'ment of this act and any complaint that may be made to the said tribunal against any act or omission of a railway administration under the repealed act shall be heard and decided by the,_ tribunal constituted under this act in accordance with the provisions 3::1 of chapter vii of this ad; (c) any applieation made to any claims coljlll1issioner under sub-section (1) of section 82c of the repealed act but not disposed of before the commencement of this act and any application that may be 40 made to any claims commissf,ener in relation to arty accident oceurred before:sucl1 commencement i~ be dtsposed of by my claima commissilmer' appdtnted luldet this act in aeord8me with the ~ of this aet; and , (d) every appeal from any llecbjion of the claims coduirlasioller under sub-section (2) of section 821i" of the re~alea act shall, if not 45 preferred before the commencement of the act, be prefetred befme the high court within a period of ninety days from sucb co'll1l!iertc!l!-ment: provided that the high coul't may entertain s~ appeal after the expiry of the said period ot ninety days it it is satiafled that the appellant wu ,pj2vented by 1"&!ient ·ebuiie from ftung the appeal within the 'said period (3) the mention of particular ~t~ in sub-section (2)shall dot be held to prejudice or dect the ~ 8ppucation 4f ·section 6 of the liot 117 general clauses act, 1897, with regard to ·the effect ot repeal the schel>ule[see section l02(j)] extent of monetary liabillty of utlway aumims'l'ration for loss, dlsiroction, 1l'l'c •• of animals in casils w1mai valtjzhas no'i'an dbcladd at '1'hb time of entr~ ----__------ description of animals(1) _t ofubiuty of rai1w:~y ~dmidistrat1on rs 3,000 per head bs l~:per ljaad rs ~ per heed -------------------elephants ·honies ;)lu1es, homed cattle or camels ri 80 per head dogs, donkeys, goats, pigs, sheep or other animals not mentioned above birds rs 30 perhead ----'---" ----the indian railways act, 1890 was enacted at a time when the railways in india were mostly managed by private companies the government of idclia primarily played the role of a coordinating and regulating authority in various matters, such as, inter-railway movement of traffic, fixation of rates, sharing of revenue earnings of through traffic, apportionment of claims liability amongst the rauways, providing reasonable facilities to passenger and ioods traftlc, etc this role was accordingly reflected in the act but now, except for a very small portior of the railways, the entire railway ~jstem has become part of th~ government of india to give effect to the changes in the railway system from time to time, the act had also undergone changes a number of times since ibl enactment in 1890 in addition, as some of the original provisions enacted in 1890 had continued w~thout any change, a need for ,their replacement by new provisions more responsive to the needs of the present day was felt and some other provisions have become redundant there lias also been a demand, both within and outside parliament, for the re-enactment of the act so as to reflect the large number of changes that have occurred in the railways it has, therefore, become necessary to consolidate and amend the law relating to railways by a new railway act 2 the bill, while giving effect to the changes that are necessary due to the change of circumstances, provides, among other things, for the following matters, namely:-(i) the railways are being administered by zonal railways this position had not been given effect to in the act the bill provides for the constitution of railway zones, abolition of existijig zones and appointment of general managers as heads of these railway administrations (ii) power has been given to the central government to fix the rates tor the carriage of passengers and goods over the railways instead of the existing provisions to fix only the maximum and mbwnum rates for such carriage and leaving the fixation of specific rates to the railway administrations in addition, the railway qdministrations are also being authorised to specify lump sum ntes for the carriage of goods (iii) in accordance with certain j,udicial pronouncements, the bill provides for statutory recognition of the railway receipt as a negotiable bmtrument (iv) the bill specifically provides for limiting the monetary liability of railway administrations in ,respect ot payment ot compensation for loss, damage, etc, of goods provision has however, been made for 'full liability subjectto the condition that the consignor while entrusting the goods to a railway administration for carriage, should declare the value of the goods and pay a percentage charge on such value (v) the oftences included in the act have been rationalised and a few new offence have also been included in the bill punishments for some of the offences had dot been changed since the enactment of the act penalties provided for the' offences under the act have been made more stringent which would include, among other things, a minimum punishment for many of the offences 3 the bill seeks to achieve the afomsaid objects 4 the notes on clauses explain in detail the provisions included - the bill nzw dllhi; the 2nd april, 1986 madhavrao scindia clau8e 2 seeks to deftne certain words and expressions used in the bill clause 3--su})'clause (1) provides for constitution of government railways into zonal railway • sub-clause (2) provides that zonal railways existing immediately before the commencement of this act shall be deemed to be zonal railways under sub-clause (1) sub-clause (3) provides that any unit of railways engaged in research, development, designing, construction or production of rolling stock, etc, may be declared as a zonal rallway sub-clause (4) empowers the central government to abolish any zonal railway, or constitute any new zonal railway or change the name or headquarters of any zonal railway and determine the area of their jurisdiction clause 4 provides for appointment of general manager of a zonal railway in whom the superintendence and control of railway shall vest clauses 5, 6 and 7 provide for appointment of chief commissioner of railway safety and commissioners of railway safety, and their duties and powers clause 8 lays down that the commissioner shall be deemed to be a public servant clause 9 lays down· that railway administration shall afford all reasonable facilities to the commissioner in the discharge of his duties and exercise of powers clause 10 provides for the powers of railway administration to execute all necessary works in relation to construction and maintenance of railways oawe 11 confers on railway administration the power to alter the position of pipes, electric supply lines, drains or sewers etc for the purposes of exercising the powers under this ac~ c1cwe 12-sub-clause <a) provides that railway administration of the government rauway shall not do anything on or to any works, lands or buildings vested in or in the possession of a state government without the consent of that government sub-clause (b) provides that a railway administration of a non-govemment railway shall not do anything on or to any works, lands or buildings vested in or in the possession of the central government or a state government without the consent of the government concerned cz4ube 13-sub-clause (1) lays down that a railway admtnfstrattoa may take such steps as it may consider necessary to avert danpr to the l1'lf)vement of rolling stock or remove the obstruction caused by fad fif any tree, post or structure, etc • _ , -•• _ _'j~ _-' i~ • :· w'o __ •• _ " sub-clause (2) empowers a railway administration to enter upon an, lands adjoining the railway and to do all works necessary for the·purpoie of repairing or preventing a slip or accident sub-clause (3) lays down that the central government on receipt of report under sub-clause (1) or (2) may direct that the work be stopped or be carried out on such conditions as may be specified by the ontral government clause 14-sub-cla~se (1) provides that no suit shall lie agail11lt the railway administration to recover any amount for any damage or loll caused in exercise of the powers conferred by clauses 10 to-sub-clause (2) provides that the amount of damage or loss shall be paid or tendered to the persons and if any dispute arises as to tile sullciency of the amount or as to the persons entitled to receive such amount, the same shall be referred to the district judge who shall decide it as an appeal under section 96 of the code of civil procedure, 1908 clause 15 provides for the nature of accommodation works and the circumstances in which such accommodation works may be carried out by a railway administration, clause 16-sub-clause (1) provides that an owner or occupier of any land or the state government or a local authority desiring any additional accommodation work may require the r"ilway administration to carry out such work at the cost of such owner, occupier, the state government or the local authority, sub-clause (2) provides that the works carried on under sub-section (1) shall be maintained at the cost of the owner, occupier, the state government or the local authority at whose request the works were done - sub-clause (3) lays down that in case of any difference between tlje railway administration and the owner, occupier or the state government or the local authority, in relation to the necessity of or expenses incurred on the construction of accommodation works, the same shall be referred to the central government whose decision thereon shall be final clause 17 provides that the central government may require boun dary marks or fences to be provided by a railway administration and, further provides that suitable gates, chains, bars, etc, may be erected and renewed at level crossing or that person be employed by a railwayadministration to open and close such gates, chains or bars etc clause 18 provides for construction of over close bricl~ and underbridges at a level crolsing at the instance of the state government or the local authority in the interest of public safety cz4tfbe 19 lays down that no railway shall be opened lor the public carriage' ·of passengers until the central government has sanctioned the opening thereof clause 20 lays down the formalities to be comp1i~with before tanction to the opening of a railway is -given by the central government clause 21 lays down that the provisions of clauses 19 and 20 shall !lpply to the opening of: additibnal lines of railway de~~tion lines o~ni~g o~ , stations, junctions, level crossings, introduction of electric ·traction, etc clauae 22 provides that where an accident has occurred on a railway r~sultinl ina temporary suspension of traffic such railway may be opened for the public carriage of passengers without prior inspection by the commissioner if the railway servant in charge of the works undertaken by reason of the accident certifies that opening of the lines of rails, works and temporary· diversion wlll not be attended with danger to the public and notice of the opening of such ifnes of rails, works or other diversion is sent by telegraph to the commissioner clause 23 empowers the central government to close railway opened for the public carriage of passengers on receipt of the opinion of the commissioner cl4uae 2 lays down the conditions for re-opening of closed railway clcua8 25 enjoins on a railway administration a duty to obtain the previous sanction of the central government before using any rolling stock of a design or type different from that already running on any section of the railway clause 26 provides that the powers of the central government relating to opening of railways may be delegated to the commissioner subject to such conditions as may be specified clause 27 provides inter alila that the central government, before openillg a railway for the public carriage of passengers may make rules in respect of the duties of railway administration and the commissioner, the arrangements to be made and the formalities to be observed before such opening of railway clause 28-sub-clause (1) empowers the central government to fix rates for the carriage of passengers and goods and specify the conditions subject to which such rates shall apply sub-clause (2) empowers the central go~nt to fix rates or other charges including demurrage and wharfage and the conditions subject to which such rates or charges shall apply cluuse 29 empowers the central government to classify commoditiel and alter rates therefor cl4ure 30 empowers a railway administration to charge station to ltation rate, idcreue, reduce od caru;el such rates and withdraw, alter or amend the conditions attached to such rate and to charge any ium~ sum rate cla1ioie 31 provides for establishment of a railway rates tribunal !\nd quauftcations of persons who may be chairman and members of such tribunal, etc clause 32 provides that the tribunal may, with the previous approval of the central government, appoint ofbcers and employees for th etbcient discharge of its functions under chapter vue claue 33 lays down that the tribunal may stt at such places i\s it mayftnd convenient clause 34 provides for the nature of campiaf'ftts against a rauwa,v administration which may be made to the trlbudal tlause 35 lays down the bar on the jurisdiction of tribunal in certain matters such as cl8lsiftcation or re-classification of a commodity, fixation of wharfage and demurrage charges, fares levied for the carriage of passengers and freight levied for the carriage of luggage, parcels, etc clause 36 provides that the tribunal shall be a civil court under the code of civil procedure 1908 for the purpose of taking evidence on oath, etc, and shall also be deemed to be a civil court for all the purposes of ection 195 and chajj!ter xxxv of the code of criminal procedure, 1973 clause 37 lays down that the central government may make a referej)ce to the tribunal in respect of ml\tters specified in section 35 clll'use 38 enjoins on the central government a duty to give assi's-tance to the tribunal clause 39-(a) provides that where lower rates are charged, the burden of proving that such lower rate does not amount to undue preference shall lie on the railway administration (b) provides that while considering the qu~tion of undue preference the tribunal may take into consideration whether such lower rate charge is necessary in the interest of public clause 40 provides for the finality of the decision of the tribunal clause 41 bars the jurisdiction of courts in respect of matters which the tribunal is empowered to deal with or decide c1,ause 42 enunciates the reliefs the tribunal may grant clause 43 confers on the tribunal power of revision in certain circumstances clause 44 provides that the order of the tribunal shall be a decree ot the civil court and shall be executed accordingly clause 45 provides that the tribunal shall make an annual report to the central government of its proceedings clause 46 empowers the tribunal to make regulations with the previous approval of the central government such regulations may inter aua be made in regard to' the award of costs referen~ of any question to a member or oftlcer of the tribunal for report the right of audience, the scale of fees, etc: ' c14use 47 provides for exhibition of timings of trains and table of tares at every station clau'te 48 provides for issue of tickets, the particulars to be given on each ticket and also provides for display of hours at station during which tickets may be i uecl claube ~ lays down that the ticket lhall be deemed to have beea iasued subject to t~ availability of aacommodatlcm in the claii and for the train for which it is issued and provides for refund of difference of fare if the journey is performed in lower cl8sl clauae 50 provides for cancellation of ticket and refund therefor clgue 51 prohibitls the trazaater of tickets iasued in the name of a persojl clause 52 provide lot' exhibition of pui and ticket durin, the joul'ne1 or at the end of joumey and i\u'rendtr thereof cl4use 53 prohibits the entry and travelling in any carriage without proper pass or ticket cuiuse 54 provides for the manner in which the person su1fering from infectious or contagiou's disease may enter or travel in a carriage clause 55 empowers a railway administration to fix the ilulximum number of passengers which may be carried in each compartment clause 56 empowers a railway administration to earmark com part: ments berths or seats in every train for exclusive use of females clause m enjoins on a railway administration a duty to provide and maintain efficient means of communication between passengers and the railway servants in charge of the train , clause 58-sub-clause (1) and (2) empower the central government to make rules regarding carriage of passengers and their luggage under chapter viii the matters in respect of which rules may be made are enumerat,ed in sub-clause (2) sub-clauses (3) and (4) empower the central government to provide for punishment for contravention of rules made under this clause and impose an obligation on railway administration to allow the inspection of such rules free of charge clause 59 imposes an obligation on every railway administration to maintain the rate-books or other documents relating to rates and make them available for reference to any person without paym,ent of any fee clause 60 empowers railway administration to impose conditions with respect to receiving, forwarding, carrying or delivering of goods and maintenance of a copy thereof at each station where goods are received for carriage and make it available for reference of a,ny person without payment of any fee clcwae 61 provides for risk rates at which goods 'may be entrusted to railway for carriage " - clause 62 provides for execution of a forwarding note by a person entrusting goods for carriage by railway cz4'ui1e 88-sub~ause (1) imposes an obligation on railway administratioll to issue railway receip~ for the goods entrusted to it sub-clause (2) lays down the circumstance under which the railway administration ,shall not be responsible for correctness of weight description or classification or number of packages mentioned in railway receipt clause 64-sub-clause (1) provides for delivery of a statement of description of goods by owner, consignee or endorsee to a railway l1el'vant slab-cl~use (2) empowenthe railway administration to refuse to accept the goods in the circumstances mentioned therein sub-clause (3) empowen the railway administration to charge the highest rate for any class of goods in cases mentioned therein sub-clauses (4)" (5) and (s) empower the rauway administration to charge 1he rate not exceeding dou~le the highutrate for- any clus of i~ in case the statement delivered under sub-clauae (1) is materially false and examination of geoid' at' 'the cost of the owner, etc ctoue 85 lays down the manner of carriage of dangerous or oftedllft 100ds by railway clause 66 provides that the railway shall not carry any animal lufferi~g from infectious or contagious diaease clause 67 empowers the railway administration to carry goods or t devrate the route under the circumstances mentioned therein clause 68 prohibits a railway administration from giving undue or unreasonable preference in favow' of any particular person or traftlc clause 69-sulb-clause (1) empowers the central government to give directions to the railway administration with regard to- (a) special facilities for the carriage of goods consigned by or to the central govemment or the state government or any other joodt; (b) the route or the rate at which any goods may be carried; and (e) to restrict or refuse acceptance of any goods at or to any tatlan sub-c1au'8e (2) provides that an order under sub-clause (1) shan be in force for one year and may be renewed for a period not exceedin one year at a time clause 70 empowers the central government to fix the maximum carrying capacity of a wagon or truck clause 71 provides for jevy of punitive charges' for overloading a wagon cbause 72 provides for passing of property in the consignment covered by a rail way receipt clause 7a lays down the right of stoppage in transit by consignor as an unpaid vendor and right of railway administration for unpaid freight clause 74 provides for delivery of the consignment on surrender of railway receipt clause 75 provides for the manner in which delivery of consignment or sale proceeds may be made where two or more persons claim the same clause 76 gives right to railway administration to re-measure re-weigh or re-classify any consignment and re-calculate the freight and other chargeo; and to collect any amount that has been omitted clause 77 provides for weighment of consignment at the request of the consignee or the endorsee and the circumstances under which suell weighment may not be permitted clause 78 absolves the railway administration from liabilities for delivery of consignment on production of railway receipt c'z4tise 79 provides for' open delivery of consignment if received in damaged condition clause 80 lays down that the consignee or the endorsee shall take delivery of the consignment or part thereof and in case of failure to take delivery wharfage charges may be levied cztlue 81provldes for detention of consignment, part thereot er any other consignment of - penon from whom any charges are recoverable by a railway administration and the manner of diapoaal of such consignment and rendering the surplus of sale proceeds to the person' entitled thereto _ clauae 82 provides for treating certain consignments as unclaimed and the manner of disposal of such consignments and rendering the lurp!us of sale proceeds to the person entitled thereto clause 83 provides for disposal of perishable consignment in the circumstances mentioned therein clause 84 lays down that right of sale under clauses 81, 82 and &3 shall not be a bar to the recovery of freight or other charges, etc by railway administration by suit czause 85-sub-clauses (1) (2) empower the central government to make rules for carrying out the purposes of ohapter ix the matters in respect of which rules may be made by the central government are enumerated in detail in sub-clause (2) sub-clauses (3) and (4) empower the central government to provide for punishment for contravention of rules made under this clause and impose an obligation on railway administration to allow the inspection of such rules tree of lberle clause 86 defines certain words and expressions used in chapter xclause 87-sub-clause (1) empowers the' central government to declare a station to be a notified station for the purposes of removing consignment without delay under the circumstances specified therein sub-clause (2) lays down the manner of giving notice of gooqs carried to a notified station sub-clause (3) provides that goods not removed from a notified station within seven days from the termination of transit may be sold unde:r sub-clause (1) of clause 88 by public a~ction sub-clause (4) provides that if the goods to be sold include essential commodities, the copy of statement may be sent to the repre-sentative of the central government, the state govemment and the district magistrate within whose local limits such notified station is situated clause 88 provides for the manner of disposal of goods not removed from notified 'stations czause 89-sub-~lawie (1) lays down that railway administration may retain the freight and other charges and render the surplus to the per-ion entitled thereto sub-clause (2) provides that realisation of freight and other charps by public auction of the goods shall not bar recovery by suit of freight iijld other charges by railway administration su1>clause (3) provides that any goods sold under sub-clause (1) shad vest in the buyer or the transferee free from all encumbrances clause 90 empowers the central government to make rules for tm purposes of chapter x the matters in respect of, which such rl,iles may ~ made are enumerat,d in s\lb-elause (2)', ~i'" ' cuwse 91 'provi4es that a railway administration shall be responsible far -the 1os8~ destruction, damage, etc, "f--any consigr,:a:ment arijing from any cause except the causes mentioned therein clause 92 lay's' down, the' responsibility of the railway administration in case the goods are loaded or delivered at a siding not belonging to a railway administration clause 93', lays down that a railway administration shall not be' responaible for aoy destruction, deterioration or damage of goods carried in open or defective vehicles at the request of the consignor clause 94-lay8 down that a railway administration shall not be liable for any 108'8, destruction, etc, for delay or detention in transit for the reuons beyond the control if railway administration or without negligence on its part cl4ve 95 lays down that in case of traffic passing over railways in india and railways in foreign country the railway administration shall not be liable for any loss, destruction, etc, unless such loss has taken place over the railways of the railway administration clause 96 absolves a railway administration from responsibility in the absence of negligence or misconduct on its part for any loss, destruction, etc, of the consignment carried at owner's risk rate clguse !y1 provides for the responsibility of railways in c8'ses of consignments which are in defective condition or are defectively packed clau8e 98 lays down the nature of responsibility of railway administration after termination of transit clause 99 deals with the responsibility of the railway admini$tl'atlon for any loss, destruction, etc, of luggage clau8e 100 absolves the railway administration of its responsibility fur any loss, destruction or injury to aj;limal arising from freight or restiveness of the animal or from overloading of wagon by the consignor clause 101 provides for exoneration from liability of railway administration in cases specified therein clause 102 lays down the extent of monetary liability of the railways in respect of loss, destruction, damage, etc, of a con$ignment clause 103 provides for examination by railway administration of "oods of which value has been declared clause 104 provides the railway administration to which and the period within which the notice of claim for compensation or refund of overcharge _ shau be given for lobs' destruction, etc, of the goods carriecs by railway or for overcharges cia,," 105 lays down the railway administration against whom and the court where suit for damages, etc of goods may be filed ezaue 106 absolves the railway adiwnistration of its relponsibilities and bar suit against it in cases the claim has been paid to a person on production of railway receipt clause 107 lays down the railway administration against whioh and the court where the' suit for loss of life or persona] injury of a ih'ssenger may be filed clause 108 provides that burden of proof regarding monetary losi in suits for compensation ,for any loss, destruction, etc, lies on the person claiming compensation clause 109 deals with the liability of a railway administration in respect of accidents at sea clause 110 empowers the central government to make rules to carry out the parposes of chapter xi the matters in respect of which the rules shall be made by the central government are enumerated in subclause (2) ctausc 111-sub-clause (1) imposes an obligation on the station master or the railway $erv~mt in charge of the section where any railway accident takes place to give n notice of such accident to the district magistrate, superintendent of police, etc sub-clause (2) imposes all obligation on the railway administration to give a notice of such accident to the state government and the commissioner clause 112 empowers the commissioner to hold inquiry into any railway accident resulting in the loss of human life or grievous hurt to a passenger or serious damage to railway property clause 113 provides that in cases where the commissioner does not hold an inquiry under clause 112 the same may be held by the railway administration cl'ause 114 empowen; the commissioner with the powers of the civil court under the code of civil procedure, 1908 in respect of the matters enumerated therein clause 115 protects the person against civil or criminal -proceedings in respect of any evidence given by him in an inquiry before the commissioner clause 116 deals with the notice of the inquiry the procedure to be followed and the preparation of the report clause 117 provides that no inquiry or investigation to be made if the commissioner of inquiry is appointed under the commission of inquiry act, 1952 to inquire into any accident, etc clause 118 provides for an inquiry by the railway administration in ar:cidents other than those mentioned in clause 111 clause 119 imposes an obligation on the railway administration to send a return of accidents to the central government clause 120 empowers the central government to make rules to carry out the purposes of chapter xii the matters in respect of which rules shall be made by the central government are enumerated in detail in ~b-clause (2) of this clause clause 121 deals with the various words and expressichls used in chapter xiii clause 122 provides for the extent of liability of the r8ilway adminis tration in case of death or injury to a passenger or damage to his good in an accidedt 'j ~ (:'atl,~e 123 provides for the appointment of claims commissioners clause 124 lays down the persons who can make an application for :ompcnsation under clause 122 and the time limit within which such applic,ltion may be made clause 125 provides for giving interim relief by railway administration in case of accidents, clause 126 provides for the procedure to be fo~lowed and powers to be exercised by the claims commissioner clause 127 empowers the claims commissioner to decide the question as to the liability of the railway administration to pay compensation a'!1d the amount thereof and the person entitled to receive the same clause 128 lays down the procedure to be followed and compensation to be paid by the claims commissioner in case of death of a passenger bi an accident clause 129 provides for direction by the claims commissioner for medical examination of persons injured in an accident clause 130 provides for the manner in which the rates of compensation payable in respect of injury, compensation for any loss of goods shall be determined by the claims commissioner cla~ 131 imposes an obligation on rahway administration to deposit the amount of compensation with the claims commissioner and payment thereof by the claims commissioner to the claimants clause 132 provides for an appeal to the high court against the order of the claims commissioner and the limitation therefor and the finality of the order of the claims commissioner clause 133 saves the right of a person to claim compensation recoverable under any other law clause 134 empowers the central government to make rules for carrying out the purposes of chapter xiii the matters in respect of which rules shall be made by the central government are enumerated in detail in sub-clause (2) of this clause clause 135 deals with the deftnition of certain expressions used in chapter xiv • , "" '1~~ clause 136 provides that this chapter shall not apply to a railway servant to whom the factories act, 1948 or the mines act, 1952 or the merchant shipping act 1958 applies clauses 137 and 138 provide for limitation of hours of work and periodical rest for various categories of railway servants t1ause 139 lays down that a railway servant shall remain on duty until he is rel\eved 0 ', '~~ ·1 ~"r~'vlltll»"" ",pi" clouse 140 deals with the appointment of the stp, " ' ' " labour and their duties clause 141 empowers the central government to make rules for carrying out the purposes of chapter xiv the matters in respect of which rules are to be made by the central government are' en\1merqt~'d in st~b-~l~usc (2) clause 142 provides for punishment for travelling or attempting to travel fraudulently without a pass or ticket clause 143 provides for levy of excess charge and fare for travelling proper pass or ticket or beyond authorised distances and for punishment in case of refusal qr failure to pay fare and excess charge clause 144 empowers the railway servant to remove persons from railway on failure or refusal to pay fare and excess charge {,1ause 145 provides for execution of bond for good behaviour in cases mentioned therein clause 146 provides for punishment for interfering with means of communication in a train , clause 147 provides for penalty for unauthorised sale or transfer of ticket clause 148 provides for penalty for unauthorised carrying on of bustne" of procuring and supply of railway tickets clause 149 prohibits unauthorised hawking and begging on railway an,d puuishment ·therefor clause 150 provides for punishment for drunke1ness or nuisance on :1 railway ' clause 151 provides for punishment for obstruction of railway servant whue -on duty clause 152 provides for punishment for trespass upon a railway ,clcwaeb 153 and 154 respectively provide for punishment for making false claijxi in case of injury or death of passenger or loss, damage, etc, of goods ,clii-uses 155 and 156 respectively provide for punishment for maliciously wrecking or attempting to wreck a train or for causing any damage or destruction of railway property clause 157 provides for punishment for maliciously hurting or attempting to hurt persons travelling by railway clauses 158 and 159 resp~ctive~y provide for punishment for endangering safety of persons travelling by railway by wilful act or omission or negligent act or omission clause 160 provides for punishment cl,lf a person for refusing to leave a reserved compartment in which no berth or seat is reserved for him or for resisting lawful entry into a reserved compartment clauses 161 and 162 respectively provide for punishment for entering a carriage in motion and trqvelling on roof, steps or engine of a train clause 163 provide~ for punishment for altering or defacing a pass or ticket , {'14use 164 provides for punishment for contravention, of any provision of chapter xlv or rules made thereunder clause 165 provides for punishment for driver or conductor of any vehicle on the premises of n railway for disobeying directions given by the railway servant clause 166 provides for punirhment for a person opening or brf'aklng , lovel crossing gate clause 167 lays down the punishment for eattle·trespass clause 168 lays dnwn the punishment "for any person negligently driving or leading a vehicle cleross an unmanned level crossing clause 169 provides for punishment for entering a carriage or other place reserved for females clause 170 lays down punishment for any pel'!llon furnishing' 'fm account of goods on requisition by railway servant clauses 171 and 172 respectively provide for punishme'ntfor unlarwfully bringing da'n,gerous and offe·nsive goods on a railway clause 173 provides for punishment for defacing public notices on raflway clause 174 prohibits smoking in a train when obje'cied to by a~ passenger and provides punishment therefor clau'8e 175 provides for ,pu,nishmentfor travelling on a railway' by person suffering from infectious or contagious disease in conlraventioll of the provisions of this bill clauosle 176 provides execution of bong for good conduct by the guardian of a persen under the age of twelve years in cases 'of offenees mentioned therein clauses 177, 178 and 179 provide for levy of penalty on lltltl-gowrnment railways, mode of recovery at the penalty and that l~ ol·~ shall not preclude the central government from '~so'l'ting to any 6th@' action against such railway" clause 180 provides for pllnishment for a railway servant for dtwlk~ ness on duty clause 181 provides for punishment for a railway servant on duty' for ahandoriing train without authority clause 182 provides for punishment for a'llypeiwn includtng a rail· way servant for causing obstruction to tl'ains clause 183 provides for punishment for railway servants on duty for endangering the safety of any person travelling on a railway craue 184 lays down the punishment for a railway servant unneee sarily obstructing level crossing ctawe 185 provides for plinishment for a railway servant fumisblllg false returns clause 186 provides for punishment for a railway servant for maldng a false report in claims enquiry clause 187 provides for punishment for' a railway servant allowing persons suffering from infectious or contagious disease to travel without making arrangements culuse 188 provides for punirhment for a railway servant omitting to give notice of accident ' clouse 189 provides for :\l'rest of a person without warrant fof the offences mentioned therein clgube 190 provides for ppwer of arrest of person likely to abscond or not givipg correct name or address clauses 191 and 192 respectively provide for the court for trying the offences and the place of trial clause 193 empowers the railway administration to provide or maintain any mode of transport for the purposes mentioned therein clause 194 provi~ for an exemption to the railway administration from the payment of tax to any local authority unless directed by the central government ('lause 195 provides for exemption to the railway administration from the payment of tax to any local authority in respect of advertisement made on any p~rt of the railway unless directed by the central government clause 196 provides that no civil court shall entertain any suit on proceeding for anything done or action taken or omission made by the central government or by the railway administration clause 197 provides that no suit, prosecution or other legal proceedings shall lie against the central government, railway administration, railway servant or any other person for anything done in good faith or intended to be done in pursuance of this bill clause 198 provides for restril!ttion on attachment of rolling stock, machinery, plant, tools, etc, for the purposes of traffic on a railway in execution of any decree clause 199 lays down that the railway servants shall be deemed to be public servants for the purposes of chapter ix and section 409 of the indian penal code, 1860 clause 200 provides that no railway servant can purchase or bid for any property put to auction by the railway or engage in any trade clause 201 provides for the procedure to be followed by a railway servant for delivery of property detained by him to railway administration clause 202 provides that entries in the records or other documents of the railway administration shall be admitted in evidence and the method of their proof clauses 203 and 204 provide for the manner of service of notice on the railway administration and by the railway administration respectively clause 205 provides that where a notice, etc, is served by post it shall be deemed to have been served if it was properly addressed and registered clause 206 provides for representation of railway administration in proceedings before civil, criminal and other courts clause 207 empowers the central government to exempt any railway' from all or any provisions of this· bill clause 208 provides for the matters supplemental to the definition of railway and· railway servant clause 209 empowers the central government to make rules generally to carry out the purposes of this bill clause 210 provides that any rule and regulation made under this bill shall be laid before both houses of parliament clause 211 seeks to repeal the indian railways act, 1890 and saves any action taken under the repealed act the bill seeks to repeal and re-enact the indian railways act, 1890 tm; ~iij q~" n()t provide for the constitutioq of any new authority nor does it include any new provisions whi~h would involve additional expenditure from the consolidated fund of india the expenses on the administration of the government railways are separately voted by parliament and not by virtue of the provisions of the railways act the provisions of the bill, if enacted and· brought into operation, would not, therefore, involve any expenditure from the consolidated fund of india cla!lse 27 of the bill empowers the central government to make :r~e6 to carry out the purpq~~s, of cl\"t~i ~ ~~~ ,o~ning of rajlways, the rules to be made, inlter alia, reblte to the duties of rau-way administration and the commissioner in regard to the opening of a railwa f for the public carriab'e of passengers, arrangements to be made and the formalities to be complied with before opening a railway for the public c'lrriage of passengers, the cases in which and the extent to which the procedures prescribed in this chapter may be dispensed with clalose 46 of the bill confers powers on the railway rates tribunal to make, with the previous approval of the central government, regulations consistent with the bill and the rules generally the tribunal under tl-is clause may make regulations relating to the procedure for the effective discharge of its {ullctions, the award of costs, the reference of any question to a member or an officer of the tribunal or any other person tor rfport after holding a local inquiry, the right of audience before the tribunal, the disposal of any proceedings before it and the scale of fees for and in connection with the proceedings before +h", tribunal clause 58 of the bill empowers the central government to make rule~ to carry out the purposes of chapter viii the matters in respect of which such rules may be made, inter alia, include reservation of seats or berths in trains, the amount of refund for cancellation of a ticket, the circumstances under which change of names of passengers having reserved seats or berths may be permitted, the carriage of luggage and the conditions for keeping luggage in the cloak rooms, the diseases which are infectious or contagious, conditions subject to which p8ssedgers suffering from infectious or contagious diseases rlay be carried in any train clause 85 of tbe bill confers powers on the central government to make rules for carrying out the purposes of chapter ix relating to carriage of gf)ods the matters in respect of which rules may be made, inter aua, relate to, the infectious or contagious diseases, the dangerous or often~,ive goods, rates of penalty charges for overloadin'g, the charges paya,?le for weighment, the manner of delivering a consignment without railway receipt, the rnannet of delivery of consignment or its sale proceeris to the person entitled thereto, the giving of open delivery and partial delivery certificate and the manner of sale of cons~gnment or part thereof, cis use ~o empowers the central government to make rules for the purposes of chapter x relating to goods booked to notified stations the matters in respect of which rules may be made relate to the factors to which the central government shall have regard under clause (e) of the first proviso of aub-section (1) of section 87, the fonn and the mann~ in which an application be made under sub-section (2) of section 87, the form in which the statement is required to be exhibited under subsection (3) of section 87, the manner in which the days of public auction may be notified and the manner of crediting to the railway administration the price of goods referred to in sub-clause (iii) of clause (a) of the proviso to sub-trectlon (3) of section 88 clause 110 empowers the central government to make rules fof carrying out the purposes of chapter xi relating to the responsibility of the rail way administration as carriers the matters in respect of which rules may be made relate to the manner of packing of goods entrusted to railway administration, the goods for the purpose of sub~use (3) of section 98 and the amount on the gross weight of the consignment payable by the railway administration for the loss, destruction, etc, of any consignment clause 120 of the bill confers powers on the central government to make rules to carry out the purposes of chapter xii relating to accidents the matters in respect of which rules may be made, inter czlia, relate to the injury to property which may be considered serious, the forms of notice and the particulars of the accident, the manner of signing the notices, the duties of the commissioner of railway safety, railway administration, railway servant, police officer and magistrate on the occurrence of an accident, the nature of inquiry to be made into the causes of accident, etc clause 134 of the bill confers powers on the central government to make rules to ('arry out the purposes of chapter xiii relating to liability of railway administration for death and injury to passenger due to accident the matters in respect of which such rules may be made relate to remuneration and allowances to be paid to the claims commissioner, compensation payable for death, the nature of injuries for which compensation may be paid and the amount of such compensation, the manner in which claims for compensation may be inquired into and determined by the claims commissioner, the matters in respect of which persons may be chosen to assist the claims commissioner under subsection (4) of section 126 and the functions of such persons clause 141 of the bill confers powers on the central government to make rules for the purpose of chapter xiv relating to regulation of hours of work and periods of rest the matters in respect of which the rules may be made in this chapter relate, inter alia, to the authorities who may deelsre the employment of any railway servant as essentially intermittent or intensive, the appeals against such declaration, the category of staff that may be specified under sub-clauses (iv) , (v) and (vi) o! clause (c) of section 135 the authorities by whom exemptions under sub-section (3) of section 138 may be made, the railway servants or classes of railway servants to whom clause (ii) of sub-section (2) of section 133 apply and the periods of rest to be granted to them and the payment of sup~rvisors of railway labour and their functions clause 210 of the bill confers powers on the central government to make -rules generally to carty out the purposes of the bill as the matters in respect of which rules ~nd regulations under the aforesaid provisions are sought to be made are matters of procedure ,ar detail or matters in respect of which it is not practicable to make express provision in the legislation itself the delegation of legislative power 19 of a norm!!l character a billto consolidate and amend the law relating to railways (shri madhawcw sindia, miister of state in tbe department of rail1dgt/8) | Parliament_bills | 117c0be7-f782-55f1-90a3-b7987505d4d1 |
memorandum regarding delegated legislationclause 10 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 | Parliament_bills | 4c2978d2-85c7-53e9-997d-4cabf91acf5e |
the indira gandhi national tribal university bill, 2007———— arrangement of clauses———— clauses1 short title and commencement 2 definitions 3 establishment of university 4 objects of university 5 powers of university 6 jurisdiction 7 university open to all classes, castes and creed 8 residence of students 9 power to establish and maintain schools10 the visitor 11 officers of university 12 the chancellor 13 the vice-chancellor 14 the pro-vice-chancellor 15 the deans of faculties 16 the directors of regional centres 17 the registrar18 the finance officer 19 the controller of examinations 20 the librarian 21 other officers 22 authorities of university 23 the court 24 the executive council 25 the academic council 26 the college development council 27 the boards of studies, academic boards and management boards 28 the finance committee 29 other authorities of university 30 power to make statutes 31 statutes, how to be made 32 power to make ordinances33 regulations 34 annual report 35 annual accounts 36 fund of university 37 returns and information 38 conditions of service of employees 39 procedure of appeal and arbitration in disciplinary cases against students 40 right to appeal 41 provident and pension funds 42 disputes as to constitution of authorities and bodies 43 constitution of committees 44 filling of casual vacancies 45 proceedings of authorities or bodies not invalidated by vacancies 46 protection of action taken in good faith 47 mode of proof of university record 48 power to remove difficulties 49 statutes, ordinances and regulations to be published in the official gazette andto be laid before parliament50 transitional provisionsthe schedule bill no lviii of 2007 the indira gandhi national tribal university bill, 2007 a billto establish and incorporate a teaching and affiliating university at amarkantak in the state of madhya pradesh to facilitate and promote avenues of higher education and research facilities for the tribal population in india and to provide for matters connected therewith or incidental theretobe it enacted by parliament in the fifty-eighth year of the republic of india as follows :—1 (1) this act may be called the indira gandhi national tribal university act, 2007short title and commencement(2) it shall come into force on such date as the central government may, by notification in the official gazette, appointdefinitions2 in this act, and in all statutes made hereunder, unless the context otherwise requires,—(a) "academic board" in relation to a regional centre or a recognised institution means the academic body charged with the academic matters of such centre or institution, as the case may be, and recognised as such by the university;(b) "academic council" means the academic council of the university;(c) "academic staff" means such categories of staff as are designated as academic staff by the ordinances;(d) "affiliated college" means a college admitted to the privileges of the university;(e) "board of studies" means the board of studies of the university; (f) "campus" means the unit established or constituted for making arrangements for instruction, or research, or both, and includes off-campuses;(g) "chancellor", "vice-chancellor" and "pro-vice-chancellor" mean, respectively, the chancellor, vice-chancellor and pro-vice-chancellor of the university;(h) "college development council" means the college development council of the university;(i) "court" means the court of the university; (j) "dean" means head of a faculty of the university; (k) "department" means a department of studies and includes a centre of studies;(l) "distance education system" means the system of imparting education through any means of communication, such as broadcasting, telecasting, webcasting correspondence courses, seminars, contact programmes or the combination of any two or more such means;(m) "director" means head of a regional centre; (n) "employee" means any person appointed by the university and includes teachers and other staff of the university;(o) "executive council" means the executive council of the university; (p) "faculty" means a faculty of the university;(q) "finance committee" means the finance committee of the university; (r) "hall" means a unit of residence or of corporate life for the students of the university, or of a college or of an institution, maintained or recognised by the university;(s) "institution" means an academic institution, not being a college, maintained by, or admitted to the privileges of, the university;(t) "management board" in relation to a regional center or a recognised institution means the governing body charged with the management of the affairs of such centre or institution, as the case may be, and recognised as such by the university;(u) "principal" means the head of a college or an institution maintained by the university and includes, where there is no principal, the person for the time being duly appointed to act as principal, and in the absence of the principal, or the acting principal, a vice principal duly appointed as such;(v) "recognised teachers" mean such persons as may be recognised by the university for the purpose of imparting instructions in a college or an institution admitted to the privileges of the university;(w) "regional centers" means off-campuses constituted by the university and functioning as part of the university, established in more tribal dominated areas, as prescribed in the statutes;(x) "regulations" means the regulations made by any authority of the university under this act for the time being in force;(y) "scheduled population" means and includes the scheduled tribes as well as scheduled castes, as defined in the constitution of india;(z) "statutes" and "ordinances" mean, respectively, the statutes and the ordinances of the university, for the time being in force;(za) "teachers of the university" means professors, readers, lecturers and such other persons as may be appointed for imparting instructions or conducting research in the university or any college or institution maintained by the university and are designated as teachers by the ordinances;(zb) "university" means the indira gandhi national tribal university as incorporated under this act;3 (1) there shall be established, in the state of madhya pradesh, a university by the establishment of universityname of "indira gandhi national tribal university"(2) the headquarters of the university shall be at amarkantak (3) the university shall have such number of regional centres and campuses in the tribal areas as the university may deem fit(4) the first chancellor, the first vice-chancellor and the first members of the court, the executive council and the academic council, and all such persons who may hereafter become such officers or members, so long as they continue to hold such office or membership, are hereby constituted a body corporate by the name of "indira gandhi national tribal university"(5) the university shall have perpetual succession and a common seal, and shall sue and be sued by the said name4 the objects of the university shall be,—objects of university(i) to provide avenues of higher education and research facilities primarily for the tribal population of india;(ii) to disseminate and advance knowledge by providing instructional and research facilities in tribal art, culture, tradition, language, medicinal systems, customs, forest based economic activities, flora, fauna and advancement in technologies relating to the natural resources of the tribal areas;(iii) to collaborate with national and international universities or organisations, specially for undertaking cultural studies and research on tribal populations;(iv) to formulate tribal centric development models, publish reports and monographs; and to organise conferences, seminars on issues relating to tribes; and to provide inputs to policy matters in different spheres;(v) to take appropriate measures for promoting, the members of tribal communities capable of managing, administering and looking after their own needs by access to higher education through a university of their own;(vi) to disseminate and advance knowledge by providing instructional and research facilities in such other branches of learning as it may deem fit;(vii) to take appropriate measures for promoting innovations in teachinglearning processes in inter-disciplinary studies and research; and to pay special attention to the improvement of the social, educational and economic conditions and welfare of the scheduled tribes within the union of india, their intellectual, academic and cultural development5 the university shall have the following powers, namely:—powers of university(i) to provide for instruction in such branches of learning as the university may, from time to time, determine and to make provisions for research and for the advancement and dissemination of knowledge;(ii) to grant, subject to such conditions as the university may determine, diplomas or certificates to, and confer degrees or other academic distinctions on the basis of examinations, evaluation or any other method of testing on, persons, and to withdraw any such diplomas, certificates, degrees or other academic distinctions for good and sufficient cause;(iii) to organise and to undertake extra-mural studies, training and extension services;(iv) to confer honorary degrees or other distinctions in the manner prescribed by the statutes;(v) to provide facilities through the distance education system to such persons as it may determine;(vi) to institute directorships, principalships, associateships, professorships, readerships, lecturerships and other teaching or academic positions, required by the university and to appoint persons to such directorships, principalships, associateships, professorships, readerships, lecturerships and other teaching or academic positions;(vii) to recognise an institution of higher learning for such purposes as the university may determine and to withdraw such recognition;(viii) to recognise persons for imparting instructions in any college or institution recognised or maintained by the university;(ix) to appoint persons working in any other university or educational institution as teachers of the university for a specified period;(x) to create administrative, ministerial and other posts and to make appointments thereto;(xi) to co-operate or collaborate or associate with any other university or authority or institution of higher learning in such manner and for such purposes as the university may determine;(xii) to establish, with the prior approval of the central government, such campuses, special centres, specialised laboratories or other units for research and instruction as are, in the opinion of the university, necessary for the furtherance of its objects;(xiii) to institute and award fellowships, scholarships, studentships, medals and prizes;(xiv) to establish and maintain colleges, institutions and halls; (xv) to make provision for research and advisory services and for that purpose to enter into such arrangements with other institutions, industrial or other organisations, as the university may deem necessary;(xvi) to organise and conduct refresher courses, workshops, seminars and other programmes for teachers, evaluators and other academic staff;(xvii) to make special arrangements in respect of the residence and teaching of women students as the university may deem necessary;(xviii) to appoint on contract or otherwise visiting professors, emeritus professors, consultants, scholars and such other persons who may contribute to the advancement of the objects of the university;(xix) to confer autonomous status on a college or an institution or a department, as the case may be, in accordance with the statutes;(xx) to admit to its privileges colleges and institutions located in india not maintained by the university; to withdraw all or any of those privileges in accordance with such conditions as may be prescribed by the statutes; to recognise, guide, supervise, and control halls not maintained by the university and other accommodation for students, and to withdraw any such recognition;(xxi) to determine standards of admission to the university which may include examination, evaluation or any other method of testing;(xxii) to demand and receive payment of fees and other charges; (xxiii) to supervise the residences of the students of the university and to make arrangements for promoting their health and general welfare;(xxiv) to lay down conditions of service of all categories of employees, including their code of conduct;(xxv) to regulate and enforce discipline among the students and the employees and to take such disciplinary measures in this regard as may be deemed by the university to be necessary;(xxvi) to make arrangements for promoting the health and general welfare of the employees;(xxvii) to receive benefactions, donations and gifts and to acquire, hold, manage and dispose of with the previous approval of the central government, any property, movable or immovable, including trust and endowment properties for the purposes of the university;(xxviii) to borrow, with the prior approval of the central government, on the security of the property of the university, money for the purposes of the university;(xxix) to establish such number of regional centers in various tribal areas of the country as are, in the opinion of the university, necessary for the furtherance of its objects;(xxx) to make special provisions for the promotion of educational, economic interests and welfare of the members belonging to the scheduled tribes by providing adequate percentage of seats in the matters of admission, of posts in the matter of employment and other benefits;(xxxi) to do all such other acts and things as may be necessary, incidental or conducive to the attainment of all or any of its objectsjurisdiction6 the jurisdiction of the university shall extend to the whole of india 7 the university shall be open to persons of either sex and of whatever race, creed,university open to all classes, castes and creedcaste or class, and it shall not be lawful for the university to adopt or impose on any person, any test whatsoever of religious belief or profession in order to entitle him to be appointed as a teacher of the university or to hold any other office therein or be admitted as a student in the university or to graduate thereat or to enjoy or exercise any privilege thereof:provided that nothing in this section shall be deemed to prevent the university from making special provisions for the employment or admission of women, persons with disabilities or of persons belonging to the weaker sections of the society and, in particular, of the scheduled castes and the scheduled tribes8 every student of the university other than a student who pursues a course ofresidence of studentsstudy by distance education system, shall reside in a hall or hostel or under such conditions as may be prescribed by the ordinances9 the university shall, subject to statutes, have power to establish at least one school in every regional centre, as a model school for the schools of the regionpower to establish and maintain schools the visitor10 (1) the president of india shall be the visitor of the university(2) the visitor may, from time to time, appoint one or more persons to review the work and progress of the university, including colleges and institutions maintained by it, and to submit a report thereon; and upon receipt of that report, the visitor may, after obtaining the views of the executive council thereon through the vice-chancellor, take such action and issue such directions as he considers necessary in respect of any of the matters dealt with in the report and the university shall be bound to comply with such directions(3) the visitor shall have the right to cause an inspection to be made by such person or persons as he may direct, of the university, its buildings, libraries, laboratories and equipment, and of any college or institution maintained by the university or admitted to its privileges; and also of the examinations, teaching and other work conducted or done by the university and to cause an inquiry to be made in like manner in respect of any matter connected with the administration or finances of the university, colleges or institutions(4) the visitor shall, in every matter referred to in sub-section (3), give notice of his intention to cause an inspection or inquiry to be made,—(a) to the university, if such inspection or inquiry is to be made in respect of the university or any college or institution maintained by it, or(b) to the management of the college or institution, if the inspection or inquiry is to be made in respect of college or institution admitted to the privileges of the university, and the university or the management, as the case may be, shall have the right to make such representations to the visitor, as it may consider necessary(5) after considering the representations, if any, made by the university or the management, as the case may be, the visitor may cause to be made such inspection or inquiry as is referred to in sub-section (3)(6) where any inspection or inquiry has been caused to be made by the visitor, the university or the management shall be entitled to appoint a representative, who shall have the right to be present and be heard at such inspection or inquiry(7) the visitor may, if the inspection or inquiry is made in respect of the university or any college or institution maintained by it, address the vice-chancellor with reference to the result of such inspection or inquiry together with such views and advice with regard to the action to be taken thereon, as the visitor may be pleased to offer, and on receipt of address made by the visitor, the vice-chancellor shall communicate, to the executive council, the views of the visitor with such advice as the visitor may offer upon the action to be taken thereon(8) the visitor may, if the inspection or inquiry is made in respect of any college or institution admitted to the privileges of the university, address the management concerned through the vice-chancellor with reference to the result of such inspection or inquiry, his views thereon and such advice as he may be pleased to offer upon the action to be taken thereon(9) the executive council or the management, as the case may be, shall communicate, through the vice-chancellor to the visitor such action, if any, as it proposes to take or has been taken upon the result of such inspection or inquiry(10) where, the executive council or the management, does not, within a reasonable time, take action to the satisfaction of the visitor, the visitor may, after considering any explanation furnished or representation made by the executive council or the management, issue such directions as he may think fit and the executive council or the management, as the case may be, shall comply with such directions(11) without prejudice to the foregoing provisions of this section, the visitor may, by order in writing, annul any proceeding of the university which is not in conformity with the act, the statutes or the ordinances:provided that before making any such order, he shall call upon the registrar to show cause why such an order should not be made, and, if any cause is shown within a reasonable time, he shall consider the same(12) the visitor shall have such other powers as may be prescribed by the statutes11 the following shall be the officers of the university:—officers of university(1) the chancellor; (2) the vice-chancellor;(3) the pro-vice chancellor; (4) the directors; (5) the deans of faculties; (6) the registrar; (7) the finance officer; (8) the controller of examinations;(9) the librarian; and (10) such other officers as may be declared by the statutes to be officers of the university12 (1) the chancellor shall be appointed by the visitor in such manner as may be the chancellorprescribed by the statutes(2) the chancellor shall, by virtue of his office, be the head of the university and shall, if present, preside at the convocations of the university held for conferring degrees and meetings of the court13 (1) the vice-chancellor shall be appointed by the visitor in such manner as may the vice- chancellorbe prescribed by the statutes(2) the vice-chancellor shall be the principal executive and academic officer of the university and shall exercise general supervision and control over the affairs of the university and give effect to the decisions of all the authorities of the university(3) the vice-chancellor may, if he is of the opinion that immediate action is necessary on any matter, exercise any power conferred on any authority of the university by or under this act and shall report to such authority at its next meeting the action taken by him on such matter:provided that if the authority concerned is of the opinion that such action ought not to have been taken, it may refer the matter to the visitor whose decision thereon shall be final:provided further that any person in the service of the university who is aggrieved by the action taken by the vice-chancellor under this sub-section shall have the right to represent against such action to the executive council within three months from the date on which decision on such action is communicated to him and thereupon the executive council may confirm, modify or reverse the action taken by the vice-chancellor(4) the vice-chancellor, if he is of the opinion that any decision of any authority of the university is beyond the powers of the authority conferred by the provisions of this act, the statutes or the ordinances or that any decision taken is not in the interest of the university, may ask the authority concerned to review its decision within sixty days of such decision and if the authority refuses to review the decision either in whole or in part or no decision is taken by it within the said period of sixty days, the matter shall be referred to the visitor whose decision thereon shall be final(5) the vice-chancellor shall exercise such other powers and perform such other duties as may be prescribed by the statutes or the ordinances14 the pro-vice-chancellor shall be appointed in such manner and on such terms the pro-vice-chancellorand conditions of service, and shall exercise such powers and perform such duties, as may be prescribed by the statutes15 every dean of faculty shall be appointed in such manner and shall exercise such the deans of facultiespowers and perform such duties, as may be prescribed by the statutes16 every director of regional centre shall be appointed in such manner and shall exercise such powers and perform such duties, as may be prescribed by the statutesthe directors of regional centresthe registrar17 (1) the registrar shall be appointed in such manner and on such terms and conditions of service, as may be prescribed by the statutes(2) the registrar shall have the power to enter into agreements, sign documents and authenticate records on behalf of the university and shall exercise such powers and perform such duties, as may be prescribed by the statutes18 the finance officer shall be appointed in such manner and shall exercise such the finance officerpowers and perform such duties, as may be prescribed by the statutes19 the controller of examinations shall be appointed in such manner and shall exercise such powers and perform such duties, as may be prescribed by the statutesthe controller of examinationsthe librarian20 the librarian shall be appointed in such manner and on such terms and conditionsof service, and shall exercise such powers and perform such duties, as may be prescribed by the statutesother officers21 the manner of appointment and powers and duties of other officers of the universityshall be prescribed by the statutes22 the following shall be the authorities of the university:—authorities of university(1) the court; (2) the executive council; (3) the academic council; (4) the college development council; (5) the board of studies; (6) the finance committee; and (7) such other authorities as may be declared by the statutes to be the authorities of the universitythe court23 (1) the constitution of the court and the term of office of its members shall be prescribed by the statutes:provided that the court shall have adequate number of members from amongst the scheduled tribes:provided further that such number of members as may be prescribed by the statutes shall be elected from among the teachers, employees and students of the university(2) subject to the provisions of this act, the court shall have the following powers and functions, namely:—(a) to review, from time to time, the broad policies and programmes of the university and to suggest measures for the improvement and development of the university;(b) to consider and pass resolutions on the annual report and the annual accounts of the university and the audit report on such accounts;(c) to advise the visitor in respect of any matter which may be referred to itfor advice; and(d) to perform such other functions as may be prescribed by the statutes24 (1) the executive council shall be the principal executive body of the universitythe executive council(2) the constitution of the executive council, the term of office of its members and its powers and functions shall be prescribed by the statutes:provided that the executive council shall have adequate number of members from amongst the scheduled tribes:provided further that such number of members as may be prescribed by the statutes shall be from amongst the elected members of the court25 (1) the academic council shall be the principal academic body of the university the academic counciland shall, subject to the provisions of this act, the statutes and the ordinances, coordinate and exercise general supervision over the academic policies of the university(2) the constitution of the academic council, the term of office of its members and its powers and functions shall be prescribed by the statutes:provided that the academic council shall have adequate number of members from amongst the scheduled tribes:provided further that such number of members as may be prescribed by the statutes shall be from amongst the elected members of the court who are teachers of the university26 (1) the college development council shall be responsible for admitting colleges to the privileges of the universitythe college development council(2) the constitution of the college development council, the term of office of its members and its powers and functions shall be prescribed by the statutes:provided that the college development council shall have adequate number of members from amongst the scheduled tribes27 the constitution, powers and functions of the boards of studies, the academic boards and the management boards shall be prescribed by the statutes:provided that the boards of studies, the academic boards and the management boards shall have adequate number of members from amongst the scheduled tribesthe boards of studies, academic boards and management boards28 the constitution, powers and functions of the finance committee shall be the finance committeeprescribed by the statutes:provided that the finance committee shall have adequate number of members from amongst the scheduled tribes29 the constitution, powers and functions of other authorities, as may be declared by the statutes to be the authorities of the university, shall be prescribed by the statutes:other authorities of universityprovided that the other authorities of the university shall have adequate number of members from amongst the scheduled tribes30 subject to the provisions of this act, the statutes may provide for all or any of the power to make statutesfollowing matters, namely:—(a) the constitution, powers and functions of authorities and other bodies of the university, as may be constituted from time to time;(b) the appointment and continuance in office of the members of the said authorities and bodies, the filling up of vacancies of members, and all other matters relating to those authorities and other bodies for which it may be necessary or desirable to provide;(c) the appointment, powers and duties of the officers of the university and their emoluments;(d) the appointment of teachers, academic staff and other employees of the university, their emoluments and conditions of service;(e) the recognition of persons as recognised teachers; (f) the appointment of teachers, academic staff working in any other university or organisation for a specific period for undertaking a joint project;(g) the conditions of service of employees including provisions for pension, insurance, provident fund, the manner of termination of service and disciplinary action;(h) the principles governing the seniority of service of the employees of the university;(i) the procedure for arbitration in cases of dispute between employees or students and the university;(j) the procedure for appeal to the executive council by any employee or student against the action of any officer or authority of the university;(k) the conferment of autonomous status on a college or an institution or a department;(l) the establishment and abolition of schools, departments, centres, halls, colleges and institutions;(m) the conferment of honorary degrees; (n) the withdrawal of degrees, diplomas, certificates and other academic distinctions;(o) the conditions under which colleges and institutions may be admitted to the privileges of the university and the withdrawal of such privileges;(p) the management of colleges and institutions established by the university; (q) the delegation of powers vested in the authorities or officers of theuniversity;(r) the maintenance of discipline among the employees and students; and(s) all other matters which by this act are to be or may be provided for by the statutes31 (1) the first statutes are those set out in the schedulestatutes, how to be made(2) the executive council may, from time to time, make new or additional statutes or may amend or repeal the statutes referred to in sub-section (1):provided that the executive council shall not make, amend or repeal any statutes affecting the status, powers or constitution of any authority of the university until such authority has been given an opportunity of expressing an opinion in writing on the proposed changes, and any opinion so expressed shall be considered by the executive council(3) every new statute or addition to the statutes or any amendment or repeal of a statute shall require the assent of the visitor who may assent thereto or withhold assent or remit to the executive council for re-consideration(4) a new statute or a statute amending or repealing an existing statute shall have no validity unless it has been assented to by the visitor(5) notwithstanding anything contained in the foregoing sub-sections, the visitor may make new or additional statutes or amend or repeal the statutes referred to in subsection (1), during the period of three years immediately after the commencement of this act:provided that the visitor may, on the expiry of the said period of three years, make, within one year from the date of such expiry, such detailed statutes as he may consider necessary and such detailed statutes shall be laid before both houses of parliament(6) notwithstanding anything contained in the foregoing sub-sections, the visitor may direct the university to make provisions in the statutes in respect of any matter specified by him and if the executive council is unable to implement such direction within sixty days of its receipt, the visitor may, after considering the reasons, if any, communicated by the executive council for its inability to comply with such direction, make or amend the statutes suitably32 (1) subject to the provisions of this act and the statutes, the ordinances may provide for all or any of the following matters, namely:—power to make ordinances(a) the admission of students to the university and their enrolment as such;(b) the courses of study to be laid down for all degrees, diplomas and certificatesof the university;(c) the medium of instruction and examination; (d) the award of degrees, diplomas, certificates and other academic distinctions,the qualifications for the same and the means to be taken relating to the granting and obtaining of the same;(e) the fees to be charged for courses of study in the university and for admission to the examinations, degrees and diplomas of the university;(f) the institution of fellowships, scholarships, studentships, medals and prizes; (g) the conditions for award of fellowships, scholarships, studentships, medals and prizes;(h) the conduct of examinations, including the term of office and the manner of appointment and the duties of examining bodies, examiners and moderators;(i) the conditions of residence of the students of the university; (j) the special arrangements, if any, which may be made for the residence and teaching of women students and the prescribing of special courses of studies for them;(k) the appointments and emoluments of employees other than those for whom provision has been made in the statutes;(l) the setting up of a machinery for redressal of grievances of employees; (m) the establishment and management of regional centres, schools, colleges,other institutions, centres of studies, boards of studies, special centres, specialised laboratories and other committees;(n) the manner of co-operation and collaboration with other universities, institutions and other non-profiteering agencies including learned bodies or associations;(o) the creation, composition and functions of any other body which is considered necessary for improving the academic life of the university;(p) the institution of fellowships, scholarships, studentships, medals and prizes;(q) the supervision of management of colleges and institutions admitted to the privileges of the university; and (r) all other matters which by this act or the statutes, are to be or may be, provided for by the ordinances (2) the first ordinances shall be made by the vice-chancellor with the previous approval of the central government and the ordinances so made may be amended, repealed or added to at any time by the executive council in the manner prescribed by the statutesregulations33 the authorities of the university may make regulations, consistent with thisact, the statutes and the ordinances for the conduct of their own business and that of the committees, if any, appointed by them and not provided for by this act, the statutes or theordinances, in the manner prescribed by the statutesannual report34 (1) the annual report of the university shall be prepared under the direction ofthe executive council, which shall include, among other matters, the steps taken by the university towards the fulfilment of its objects and shall be submitted to the court on or after such date as may be prescribed by the statutes and the court shall consider the report in its annual meeting(2) the court shall submit the annual report to the visitor along with its comments, if any(3) a copy of the annual report, as prepared under sub-section (1), shall also be submitted to the central government, which shall, as soon as may be, cause the same to be laid before both houses of parliament35 (1) the annual accounts and balance-sheet of the university shall be preparedannual accountsunder the directions of the executive council and shall, once at least every year and at intervals of not more than fifteen months, be audited by the comptroller and auditor-general of india or by such persons as he may authorise in this behalf(2) a copy of the annual accounts together with the audit report thereon shall be submitted to the court and the visitor along with the observations of the executive council(3) any observations made by the visitor on the annual accounts shall be brought to the notice of the court and the observations of the court, if any, shall, after being considered by the executive council, be submitted to the visitor(4) a copy of the annual accounts together with the audit report as submitted to the visitor, shall also be submitted to the central government, which shall, as soon as may be, cause the same to be laid before both houses of parliament(5) the audited annual accounts after having been laid before both houses of parliament shall be published in the official gazette36 (1) there shall be a university fund which shall include—fund of university(a) any contribution or grant made by the state government; (b) any contribution or grant made by the university grants commission or the central government;(c) any contribution made by government, semi-government or autonomous bodies;(d) any bequests, donations, endowments or other grants made by any private individual or institution;(e) income received by the university from fees and charges; and (f) amounts received from any other source(2) the amount of the said fund shall be kept in a scheduled bank as defined in the2 of 1934 5 of 1970 40 of 1980 2 of 1882reserve bank of india act, 1934, or in a corresponding new bank constituted under the banking companies (acquisition and transfer of undertakings) act, 1970 and the banking companies(acquisition and transfer of undertakings) act, 1980 or may be invested in such securities authorised by the indian trust act, 1882, as may be decided by the executive council;(3) the said fund may be utilised for such purposes of the university and in such manner as may be prescribed37 the university shall furnish to the central government such returns or other returns and informationinformation with respect to its property or activities as the central government may, from time to time, require38 (1) every employee of the university shall be appointed under a written contract, conditions of service of employeeswhich shall be lodged with the university and a copy of which shall be furnished to the employee concerned(2) any dispute arising out of the contract between the university and any employee shall, at the request of the employee, be referred to a tribunal of arbitration consisting of one member appointed by the executive council, one member nominated by the employee concerned and an umpire appointed by the visitor(3) the decision of the tribunal shall be final, and no suit shall lie in any civil court in respect of the matters decided by the tribunal:provided that nothing in this sub-section shall preclude the employee from availing of the judicial remedies available under articles 32 and 226 of the constitution(4) every request made by the employee under sub-section (2), shall be deemed to be26 of 1996a submission to arbitration upon the terms of this section within the meaning of the arbitration and conciliation act, 1996(5) the procedure for regulating the work of the tribunal shall be prescribed by the statutes39 (1) any student or candidate for an examination whose name has been removedprocedure of appeal and arbitration in disciplinary cases against studentsfrom the rolls of the university by the orders or resolution of the vice-chancellor, discipline committee or examination committee, as the case may be, and who has been debarred from appearing at the examinations of the university for more than one year, may, within ten days of the date of receipt of such orders or copy of such resolution by him, appeal to the executive council and the executive council may confirm, modify or reverse the decision of the vice-chancellor or the committee, as the case may be(2) any dispute arising out of any disciplinary action taken by the university against a student shall, at the request of such student, be referred to a tribunal of arbitration and the provisions of sub-sections (2), (3), (4) and (5) of section 38 shall, as far as may be, apply to a reference made under this sub-section40 every employee or student of the university or of a college or institutionright to appealmaintained by the university or admitted to its privileges shall, notwithstanding anything contained in this act, have a right to appeal within such time as may be prescribed by the statutes, to the executive council against the decision of any officer or authority of the university or of the principal or the management of any college or an institution, as the case may be, and thereupon the executive council may confirm, modify or reverse the decision appealed against41 (1) the university shall constitute for the benefit of its employees such providentprovident and pension fundsor pension fund or provide such insurance schemes as it may deem fit in such manner and subject to such conditions as may be prescribed by the statutes(2) where such provident fund or pension fund has been so constituted, the central19 of 1925government may declare that the provisions of the provident funds act, 1925, shall apply to such fund, as if it were a government provident fund42 if any question arises as to whether any person has been duly elected or appointed as, or is entitled to be, a member of any authority or other body of the university, the matter shall be referred to the visitor whose decision thereon shall be finaldisputes as to constitution of authorities and bodies43 where any authority of the university is given power by this act or the statutesconstitution of committeesto appoint committees, such committees shall, save as otherwise provided, consist of the members of the authority concerned and of such other person, if any, as the authority in each case may think fit44 all casual vacancies among the members (other than ex officio members) of anyfilling of casual vacanciesauthority or other body of the university shall be filled, as soon as may be, by the person or body who appoints, elects or co-opts the member whose place has become vacant and person appointed, elected or co-opted to a casual vacancy shall be a member of such authority or body for the residue of the term for which the person whose place he fills would have been a member45 no act or proceedings of any authority or other body of the university shall be invalid merely by reason of the existence of a vacancy or vacancies among its membersproceedings of authorities or bodies not invalidated by vacancies46 no suit or other legal proceeding shall lie against any officer or other employee ofprotection of action taken in good faiththe university for anything which is in good faith done or intended to be done in pursuanceof any of the provisions of this act, the statutes or the ordinances1 of 187247 notwithstanding anything contained in the indian evidence act, 1872 or in anymode of proof of university recordother law for the time being in force, a copy of any receipt, application, notice, order, proceeding or resolution of any authority or other body of the university, or any other document in possession of the university, or any entry in any register duly maintained bythe university, if certified by the registrar, shall be received as prima facie evidence of suchreceipt, application, notice, order, proceeding, resolution or document or the existence of entry in the register and shall be admitted as evidence of the matters and transactions therein where the original thereof would, if produced, have been admissible in evidence48 (1) if any difficulty arises in giving effect to the provisions of this act, the centralpower to remove difficultiesgovernment 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 under this section after the expiry of threeyears from the commencement of this act(2) every order made under sub-section (1) shall be laid, as soon as may be after it is made, before each house of parliament while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the order or both houses agree that the order should not be made, the order shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that order49 (1) every statute, ordinance or regulation made under this act shall be published in the official gazette(2) every statute, ordinance or regulation made under this act shall be laid, as soonstatutes, ordinances and regulations to be published in the official gazette and to be laid beforeparliamentas may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the statute, ordinance or regulation or both houses agree that the statute, ordinance or regulation should not be made, the statute, ordinance or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that statute, ordinance or regulation(3) the power to make statutes, ordinances or regulations shall include the power to give retrospective effect, from a date not earlier than the date of commencement of this act, to the statute, ordinance or regulations or any of them but no retrospective effect shall be given to any statute, ordinance or regulation so as to prejudicially affect the interests of any person to whom such statute, ordinance or regulation may be applicable50 notwithstanding anything contained in this act and the statutes,—transitional provisions(a) the first chancellor and first vice-chancellor shall be appointed by the central government in such manner and on such conditions as may be deemed fit and each of the said officer shall hold office for such term, not exceeding five years, as may be specified by the central government;(b) the first registrar and the first finance officer shall be appointed by the central government and each of the said officers shall hold office for a term of three years;(c) the first court and the first executive council shall consist of not more than thirty-one members and eleven members, respectively, who shall be nominated by the central government and shall hold office for a term of three years;(d) the first college development council shall consist of not more than eleven members, who shall be nominated by the central government and they shall hold office for a term of three years;(e) the first academic council shall consist of not more than twenty-one members, who shall be nominated by the central government and they shall hold office for a term of three years:provided that if any vacancy occurs in the above offices or authorities, the same shall be filled by appointment or nomination, as the case may be, by the central government, and the person so appointed or nominated shall hold office for so long as the officer or member in whose place he is appointed or nominated would have held office, if such vacancy had not occurred the schedule (see section 31) the statutes of the universitythe chancellor1 (1) the chancellor shall be appointed by the visitor from a panel of not less than three persons recommended by the executive council from amongst persons of eminence in the academic or public life of the country:provided that if the visitor does not approve of any of the persons so recommended, he may call for fresh recommendations from the executive council(2) the chancellor shall hold office for a term of five years and shall be eligible for reappointment:provided that notwithstanding the expiry of his term of office, the chancellor shall continue to hold office until his successor enters upon his officethe vice- chancellor2 (1) the vice-chancellor shall be appointed by the visitor from a panel of not less than three persons who shall be recommended by a committee as constituted under clause (2):provided that if the visitor does not approve of any of the persons included in the panel, he may call for a fresh panel(2) the committee referred to in clause (1) shall consists of three persons, out of whom two shall be nominated by the executive council and one by the visitor and the nominee of the visitor shall be the convener of the committee:provided that none of whom shall be an employee of the university or a member of the executive council, academic council or member of any authority of the university or connected with an institution associated with the university(3) the vice-chancellor shall be a whole-time salaried officer of the university (4) the vice-chancellor shall hold office for a term of five years from the date on which he enters upon his office, or until he attains the age of sixty-five years, whichever is earlier, and he shall not be eligible for re-appointment:provided that notwithstanding the expiry of the said period of five years, he shall continue in office until his successor is appointed and enters upon his office:provided further that the visitor may direct any vice-chancellor after his term has expired, to continue in office for such period, not exceeding a total period of one year, as may be specified by him(5) the emoluments and other conditions of service of the vice-chancellor shall be as follows:—(i) the vice-chancellor shall be paid a monthly salary of rs 25,000 (fixed) per month and allowances other than house rent allowance, at the rates fixed by the central government from time to time, and he shall be entitled, without payment of rent, to use a furnished residence throughout his term of office and no charge shall fall on the vice-chancellor in respect of the maintenance of such residence he would be entitled to free use of university car(ii) the vice-chancellor shall be entitled to such terminal benefits and allowances as may be fixed by the executive council with the approval of the visitor from time to time:provided that where an employee of the university or a college or an institution maintained by it, or of any other university or any institution maintained by or affiliated to such other university, is appointed as the vice-chancellor, he may be allowed to continue to contribute to any provident fund of which he is a member and the university shall contribute to the account of such person in that provident fund at the same rate at which the person had been contributing immediately before his appointment as the vice-chancellor:provided further that where such employee had been a member of any pension scheme, the university shall make the necessary contribution to such scheme(iii) the vice-chancellor shall be entitled to travelling allowances at such rates as may be fixed by the executive council(iv) the vice-chancellor shall be entitled to leave on full pay at the rate of thirty days in a calendar year and the leave shall be credited to his account in advance in two half-yearly instalments of fifteen days each on the first day of january and first day of july every year:provided that if the vice-chancellor assumes or relinquishes charge of the office of the vice-chancellor during the currency of a half year, the leave shall be credited proportionately at the rate of two and-a-half days for each completed month of service(v) in addition to the leave referred to in sub-clause (iv), the vice-chancellor shall also be entitled to half pay leave at the rate of twenty days for each completed year of service and this half pay leave may also be availed of as commuted leave on full pay on medical certificate:provided that when commuted leave is availed of, twice the amount of half pay leave shall be debited against half pay leave due (6) if the office of the vice-chancellor becomes vacant due to death, resignation or otherwise, or if he is unable to perform his duties due to ill health or any other cause, the senior most pro-vice-chancellor shall perform the duties of the vice-chancellor:provided that if the pro-vice-chancellor is not available, the senior-most professor shall perform the duties of the vice-chancellor until a new vice-chancellor assumes office or until the existing vice- chancellor resumes to the duties of his office, as the case may bepowers and duties of vice-chancellor3 (1) the vice-chancellor shall be ex officio chairman of the executive council, the academic council, and the finance committee and shall, in the absence of the chancellor, preside at the convocations held for conferring degrees, and at meetings of the court(2) the vice-chancellor shall be entitled to be present at and address any meeting of any authority or other body of the university(3) it shall be the duty of the vice-chancellor to see that this act, the statutes, the ordinances and the regulations are duly observed and he shall have all the powers necessary to ensure such observance(4) the vice-chancellor shall exercise control over the affairs of the university and shall give effect to the decisions of all the authorities of the university(5) the vice-chancellor shall have all the powers necessary for the proper maintenance of discipline in the university and he may delegate any such powers to such person or persons as he deems fit(6) the vice-chancellor shall have the power to convene or cause to be convened the meetings of the executive council, the academic council, the planning board and the finance committeethe pro-vice-chancellor4 (1) every pro-vice-chancellor shall be appointed by the executive council on the recommendation of the vice-chancellor:provided that where the recommendation of the vice-chancellor is not accepted by the executive council, the matter shall be referred to the visitor who may either appoint the person recommended by the vice-chancellor or ask the vice-chancellor to recommend another person to the executive council:provided further that the executive council may, on the recommendation of the vice-chancellor, appoint a professor to discharge the duties of a pro-vice-chancellor in addition to his own duties as a professor(2) the term of office of a pro-vice-chancellor shall be such as may be decided by the executive council but it shall not in any case exceed five years or until the expiration of the term of office of the vice-chancellor, whichever is earlier:provided that a pro-vice-chancellor whose term of office has expired shall be eligible for reappointment:provided further that, in any case, a pro-vice-chancellor shall retire on attaining the age of sixty-five years:provided also that the pro-vice-chancellor shall, while discharging the duties of the vice-chancellor under clause (6) of statute 2, continue in office notwithstanding the expiration of his term of office as pro-vice-chancellor, until a new vice-chancellor or the existing vice- chancellor, as the case may be, assumes office:provided also that when the office of the vice-chancellor becomes vacant and there is no pro-vice-chancellor to perform the functions of the vice-chancellor, the executive council may appoint a pro-vice-chancellor and the pro-vice-chancellor so appointed, shall cease to hold office as such as soon as the vice-chancellor is appointed and enters upon his office(3) the emoluments and other terms and conditions of service of a pro-vice-chancellor shall be such as may be prescribed by the ordinances(4) a pro-vice-chancellor shall assist the vice-chancellor in respect of such matters as may be specified by the vice-chancellor in this behalf, from time to time, and shall also exercise such powers and perform such duties as may be assigned or delegated to him by the vice-chancellordeans of faculties5 (1) every dean of a faculty shall be appointed by the vice-chancellor from amongstthe professors in the faculty for a period of three years and he shall be eligible for reappointment:provided that a dean on attaining the age of sixty-two years shall cease to hold office as such:provided further that if at any time there is no professor in a faculty, the vice-chancellor, or a dean authorised by the vice-chancellor in this behalf, shall exercise the powers of the dean of a faculty(2) when the office of the dean is vacant or when the dean is, by reason of illness, absence or any other cause, unable to perform duties of his office, the duties of the office shall be performed by such person as the vice-chancellor may appoint for the purpose(3) the dean shall be the head of the faculty and shall be responsible for the conduct and maintenance of the standards of teaching and research in the faculty and shall have such other functions as may be prescribed by the ordinances(4) the dean shall have the right to be present and to speak at any meeting of the committees of the faculty, as the case may be, but shall not have the right to vote thereat unless he is a member thereofthe registrar6 (1) the registrar shall be appointed by the executive council on the recommendationof a selection committee constituted for the purpose and shall be a whole-time salaried officer of the university(2) he shall be appointed for a term of five years and shall be eligible for re-appointment(3) the emoluments and other terms and conditions of service of the registrar shall be such as may be prescribed by the ordinances:provided that the registrar shall retire on attaining the age of sixty-two years: provided further that a registrar shall, notwithstanding his attaining the age of sixtytwo years, continue in office until his successor is appointed and enters upon his office or until the expiry of a period of one year, whichever is earlier(4) when the office of the registrar is vacant or when the registrar is, by reason of illness, absence or any other cause unable to perform the duties of his office, the duties of the office shall be performed by such person as the vice-chancellor may appoint for the purpose(5) (a) the registrar shall have power to take disciplinary action against such of the employees, excluding teachers and academic staff, as may be specified in the order of the executive council and to suspend them pending inquiry, to administer warnings to them or to impose upon them the penalty of censure or the withholding of increment:provided that no such penalty shall be imposed unless the person concerned has been given a reasonable opportunity of showing cause against the action proposed to be taken in regard to him(b) an appeal shall lie to the vice-chancellor against any order of the registrar imposing any of the penalties specified in sub-clause (a);(c) in a case where the inquiry discloses that a punishment beyond the power of the registrar is called for, the registrar shall, upon the conclusion of the inquiry, make a report to the vice-chancellor along with his recommendations:provided that an appeal shall lie to the executive council against an order of the vice-chancellor imposing any penalty(6) the registrar shall be ex officio secretary of the court, the executive council and the academic council, but shall not be deemed to be a member of any of these authorities(7) it shall be the duty of the registrar— (a) to be the custodian of the records, the common seal and such other property of the university as the executive council shall commit to his charge;(b) to issue all notices convening meetings of the court, the executive council, the academic council and of any committee appointed by those authorities;(c) to keep the minutes of all the meetings of the court, the executive council, the academic council and of any committee appointed by those authorities;(d) to conduct the official correspondence of the court, the executive council and the academic council;(e) to supply to the visitor and the chancellor copies of the agenda of the meetings of the authorities of the university as soon as they are issued and the minutes of such meetings;(f) to represent the university in suits or proceedings by or against the university, sign powers of attorney and verify pleadings or depute his representative for the purpose; and(g) to perform such other duties as may be specified in the statutes, the ordinances or the regulations or as may be required from time to time, by the executive council or assigned to by the vice-chancellorthe finance officer7 (1) the finance officer shall be appointed by the executive council on the recommendations of a selection committee constituted for the purpose and he shall be a whole-time salaried officer of the university(2) the finance officer shall be appointed for a term of five years and shall be eligible for reappointment(3) the emoluments and other terms and conditions of service of the finance officer shall be such as may be prescribed by the ordinances:provided that a finance officer shall retire on attaining the age of sixty-two years: provided further that the finance officer shall, notwithstanding his attaining the age of sixty-two years, continue in office until his successor is appointed and enters upon his office or until the expiry of a period of one year, whichever is earlier(4) when the office of the finance officer is vacant or when the finance officer is by reason of illness, absence or any other cause unable to perform the duties of his office, the duties of the office shall be performed by such person as the vice-chancellor may appoint for the purpose(5) the finance officer shall be ex officio secretary of the finance committee but shall not be deemed to be a member of such committee(6) the finance officer shall—(a) exercise general supervision over the funds of the university and shall advise it as regards its financial policy; and(b) perform such other financial functions as may be assigned to him by the executive council or as may be prescribed by the statutes, the ordinances or the regulations (7) subject to the control of the executive council, the finance officer shall—(a) hold and manage the property and investments of the university including trust and endowed property;(b) ensure that the limits fixed by the executive council for recurring and nonrecurring expenditure for a year are not exceeded and that all moneys are expended on the purpose for which they are granted or allotted;(c) be responsible for the preparation of annual accounts and the budget of the university and for their presentation to the executive council;(d) keep a constant watch on the state of the cash and balances and on the state of investment;(e) watch the progress of the collection of revenue and advise on the methods of collection employed;(f) ensure that the registers of buildings, land, furniture and equipment are maintained up-to-date and that stock-checking are conducted, of equipment and other consumable materials in all offices, centres, specialised laboratories, colleges and institutions maintained by the university;(g) bring to the notice of the vice-chancellor unauthorised expenditure and other financial irregularities and suggest disciplinary action against persons at fault; and(h) call for from any office, centre, laboratory, college or institution maintained by the university any information that he may consider necessary on the performance of his duties (8) any receipt given by the finance officer or the person or person duly authorised in this behalf by the executive council for any money payable to the university shall be sufficient discharge for payment of such moneythe controller of examinations8 (1) the controller of examinations shall be appointed by the executive council on the recommendations of a selection committee constituted for the purpose and he shall be a whole-time salaried officer of the university(2) the controller of examinations shall be appointed for a term of five years and shall be eligible for re-appointment(3) the emoluments and other terms and conditions of service of the controller of examinations shall be such as may be prescribed by the executive council from time to time:provided that the controller of examinations shall retire on attaining the age of sixtytwo years:provided further that the controller of examinations shall, notwithstanding his attaining the age of sixty-two years, continue in office until his successor is appointed and enters upon his office or until the expiry of a period of one year, whichever is earlier(4) when the office of the controller of examinations is vacant or when the controller of examinations is, by reason of illness, absence or any other cause unable to perform the duties of his office, the duties of the office shall be performed by such person as the vice- chancellor may appoint for the purpose (5) the controller of examinations shall arrange for and superintend the examinations of the university in the manner prescribed by the ordinancesthe librarian9 (1) the librarian shall be appointed by the executive council on the recommendations of the selection committee constituted for the purpose and he shall be a whole-time officer of the university(2) the librarian shall exercise such powers and perform such duties as may be assigned to him by the executive councilmeetings of court10 (1) an annual meeting of the court shall be held on a date to be fixed by the executive council unless some other date has been fixed by the court in respect of any year(2) at an annual meeting of the court, a report on the working of the university during the previous year, together with a statement of the receipts and expenditure, the balance sheet as audited, and the financial estimates for the next year shall be presented(3) a copy of the statement of receipts and expenditure, the balance sheet and the financial estimates referred to in clause (2) shall be sent to every member of the court at least seven days before the date of the annual meeting(4) special meetings of the court may be convened by the executive council or the vice-chancellor or if there is no vice-chancellor, the pro-vice-chancellor or if there is no pro- vice-chancellor, by the registrar(5) eleven members of the court shall form a quorum for a meeting of the court11 seven members of the executive council shall form a quorum for a meeting of the executive councilquorum for meeting of executive council12 (1) the executive council shall have the power of management and administration of the revenue and property of the university and the conduct of all administrative affairs of the university not otherwise provided forpowers and functions of executive council(2) subject to the provisions of this act, the statutes and the ordinances, the executive council shall, in addition to all other powers, vested in it, have the following powers, namely:—(i) to create teaching and academic posts, to determine the number and emoluments of such posts and to define the duties and conditions of service of professors, associate professors, assistant professors and other academic staff and directors of colleges and institutions maintained by the university:provided that no action shall be taken by the executive council in respect of the number, qualifications and emoluments of teachers and academic staff otherwise than after consideration of the recommendations of the academic council;(ii) to appoint such professors, associate professors, assistant professors and other academic staff, as may be necessary, and the directors of colleges and institutions maintained by the university on the recommendation of the selection committee constituted for the purpose and to fill-up the temporary vacancies therein;(iii) to create administrative, ministerial and other necessary posts and to make appointments thereto in the manner prescribed by the ordinances;(iv) to grant leave of absence to any officer of the university other than the chancellor and the vice-chancellor, and to make necessary arrangements for the discharge of the functions of such officer during his absence;(v) to regulate and enforce discipline among employees in accordance with the statutes and the ordinances;(vi) to manage and regulate the finances, accounts, investments, property, business and all other administrative affairs of the university, and for that purpose to appoint such agents as it may think fit;(vii) to fix limits on the total recurring and the total non-recurring expenditure for a year on the recommendations of the finance committee;(viii) to invest any money belonging to the university, including any unapplied income, in such stocks, funds, share or securities, from time to time, as it may think fit or in the purchase of immovable property in india, with the like powers of varying such investment from time to time;(ix) to transfer or accept transfers of any movable or immovable property on behalf of the university;(x) to provide buildings, premises, furniture and apparatus and other means needed for carrying on the work of the university;(xi) to enter into, vary, carry out and cancel contracts on behalf of the university; (xii) to entertain, adjudicate upon, and if thought fit, to redress any grievances of the employees and students of the university who may, for any reason, feel aggrieved;(xiii) to appoint examiners and moderators and, if necessary, to remove them, and to fix their fees, emoluments and travelling and other allowances, after consulting the academic council;(xiv) to select a common seal for the university and provide for the custody and use of such seal;(xv) to make such special arrangements as may be necessary for the residence of women students;(xvi) to delegate any of its powers to the vice-chancellor, the pro-vice-chancellor, the directors, the registrar or the finance officer or such other employee or authority of the university or to a committee appointed by it as it may deem fit;(xvii) to institute fellowships, scholarships, studentships, medals and prizes;and to receive donations from the members of the general public and institutions, with due acknowledgement for establishing a chair by contributing at least rupees one crore, in the name of the donor or in memory of any person desired; for creating foundations, not below rupees one crore in the name of the donor or in memory of any person desired; and for bearing the cost of any building or complex to the tune of not below rupees one crore in the name of the donor or in memory of any person desired(xviii) to provide for the appointment of visiting professors, emeritus professors;consultants and scholars and determine the terms and conditions of such appointments; and(xix) to exercise such other powers and perform such other duties as may be conferred or imposed on it by the act or the statutes13 nine members of the academic council shall form a quorum for a meeting of the academic councilquorum of meeting of academic council14 subject to the provisions of the act, the statutes and the ordinances, the academic council shall, in addition to all other powers vested in it, have the following powers, namely:—powers and functions of academic council(a) to report on any matter referred or delegated to it by the court or the executive council;(b) to make arrangements through ordinances for the instruction and examination of persons other than those enrolled in the university;(c) to promote research within the university and to require from time to time, reports on such research;(d) to consider proposals submitted by the faculties; (e) to appoint committees for admission to the university; (f) to recognise diplomas or degrees and other universities and institutions and to determine their equivalence in relation to the diplomas and degrees of the university;(g) to fix, subject to any conditions accepted by the executive council, the time mode and conditions of competition for fellowship, scholarships and other prizes, and to award the same;(h) to make recommendations to the executive council in regard to the appointment of examiners and if necessary, their removal and the fixation of their fees, emoluments and travelling and other expenses;(i) to make arrangements for the conduct of examinations and to fix dates for holding them;(j) to declare result of the various examinations, or to appoint committees or officers to do so and to make recommendations regarding the conferment or grant of degrees, honours, diplomas, titles and marks of honour;(k) to award stipends, scholarships, medals and prizes and to make other awards in accordance with the regulations and such other conditions as may be attached to the awards;(l) to publish lists of prescribed or recommended text books and to publish syllabus or the prescribed courses of study;(m) to prepare such forms and registers as are, from time to time prescribed by regulations; and(n) to perform, in relation to academic matters, all such duties and to do all such acts as may be necessary, for proper carrying out of the provisions of this act and the regulationsfaculties and departments15 (1) the university shall have such schools of studies as may be specified in the statutes(2) every school shall have a school board and the members of the first school board shall be nominated by the executive council for a period of three years(3) the composition, powers and functions of a school board shall be prescribed by the ordinances(4) the conduct of the meetings of a school board and the quorum required for such meetings shall be prescribed by the ordinances(5) (a) every school shall consist of such departments as may be assigned to it by the ordinances:provided that the executive council may, on the recommendation of the academic council, establish centres of studies to which may be assigned such teachers of the university as the executive council may consider necessary(b) each department shall consist of the following members, namely:—(i) teachers of the department; (ii) persons conducting research in the department; (iii) dean of the school; (iv) honorary professors, if any, attached to the department; and (v) such other persons as may be members of the department in accordance with the provisions of the ordinances16 (1) each department shall have a board of studiesboard of studies(2) the constitution of the board of studies and the term of office of its members shall be prescribed by the ordinances(3) subject to the overall control and supervision of the academic council, the functions of a board of studies shall be to approve subjects for research for various degrees and other requirements of research degrees and to recommend to the concerned school board in the manner prescribed by the ordinances—(a) courses of studies and appointment of examiners for courses, but excluding research degrees;(b) appointment of supervisors for research; and (c) measures for the improvement of the standard of teaching and research:provided that the above functions of a board of studies shall, during the period of three years immediately after the commencement of the act, be performed by the department17 (1) the finance committee shall consist of the following members, namely:—the finance committee(i) the vice-chancellor; (ii) the pro-vice-chancellor; (iii) one person to be nominated by the court; (iv) three persons to be nominated by the executive council, out of whom at least one shall be a member of the executive council; and(v) three persons to be nominated by the visitor(2) five members of the finance committee shall form the quorum for a meeting of the finance committee(3) all the members of the finance committee, other than ex officio members, shall hold office for a term of three years(4) a member of the finance committee shall have the right to record a minute of dissent if he does not agree with any decision of the finance committee(5) the finance committee shall meet at least thrice every year to examine the accounts and to scrutinise proposals for expenditure(6) all proposals relating to creation of posts, and those items which have not been included in the budget, shall be examined by the finance committee before they are considered by the executive council(7) the annual accounts and the financial estimates of the university prepared by the finance officer shall be laid before the finance committee for consideration and comments and thereafter submitted to the executive council for approval(8) the finance committee shall recommend limits for the total recurring expenditure and the total non-recurring expenditure for the year, based on the income and resources of the university (which, in the case of productive works, may include the proceeds of loans)the selection committee18 (1) there shall be selection committees for making recommendations to the executive council for appointment to the posts of professor, reader, lecturer, registrar, finance officer, librarian and principals of colleges and institutions maintained by the university(2) the selection committee for appointment to the posts specified in column 1 of the table below shall consist of the vice-chancellor, a nominee of the visitor and the persons specified in the corresponding entry in column 2 of the said table: 1 2 professor(i)the dean of the faculty(ii)the head of the department, if he is a professor (iii)three persons not in the service of the university, nominated by the executive council, out of a panel of names recommended by the academic council for their special knowledge of, or interest in, the subject with which the professor is concernedreader/lecturer (i)the head of the department(ii)one professor nominated by the vice-chancellor (iii)two persons not in the service of the university, nominated by the executive council, out of a panel of names recommended by the academic council for their special knowledge of, or interest in, the subject with which the reader/lecturer is concernedregistrar/finance officer(i)two members of the executive council nominated by it (ii)one person not in the service of the university nominated by the executive councillibrarian(i)two persons not in the service of the university who have special knowledge of the subject of library science/library administration, nominated by the executive council (ii)one person not in the service of the university, nominated by the executive councilprincipal of college or institutionthree persons not in the service of the university ofwhom two shall be nominated by the executive 1 2council and one by the academic council for their special knowledge of, or interest in, a subject in which instruction is being provided by the college or institutionnote 1—where the appointment is being made for an inter-disciplinary project, the head of the project shall be deemed to be the head of the department concernednote 2—the professor to be nominated by the vice-chancellor shall be a professor concerned with the speciality for which the selection is being made and the vice-chancellor shall consult the head of the department and the dean of school before nominating the professor(3) the vice-chancellor, or in his absence the pro-vice-chancellor, shall convene and preside at the meeting of the selection committee:provided that the meeting of the selection committee shall be fixed after prior consultation with, and subject to the convenience of visitor's nominee and the experts nominated by the executive council:provided further that the proceedings of the selection committee shall not be valid unless,—(a) where the number of visitor's nominee and the persons nominated by the executive council is four in all, at least three of them attend the meeting; and(b) where the number of visitor's nominee and the persons nominated by the executive council is three in all, at least two of them attend the meeting (4) the procedure to be followed by the selection committee shall be laid down in the ordinances(5) if the executive council is unable to accept the recommendations made by the selection committee, it shall record its reasons and submit the case to the visitor for final orders(6) appointments to temporary posts shall be made in the manner indicated below:—(i) if the temporary vacancy is for duration longer than one academic session, it shall be filled on the advice of the selection committee in accordance with the procedure indicated in the foregoing clauses:provided that if the vice-chancellor is satisfied that in the interests of work it is necessary to fill the vacancy, the appointment may be made on a purely temporary basis on the advice of a local selection committee referred to in sub-clause (ii) for a period not exceeding six months;(ii) if the temporary vacancy is for a period less than a year, an appointment to such vacancy shall be made on the recommendation of a local selection committee consisting of the dean of the faculty concerned, the head of the department and a nominee of the vice-chancellor:provided that if the same person holds the offices of the dean and the head of the department, the selection committee may contain two nominees of the vice-chancellor:provided further that in the case of sudden casual vacancies of teaching posts caused by death or any other reason, the dean may, in consultation with the head of the department concerned, make a temporary appointment for a month and report to the vice-chancellor and the registrar about such appointment;(iii) no teacher appointed temporarily shall, if he is not recommended by a regular selection committee for appointment under the statutes, be continued in service on such temporary employment, unless he is subsequently selected by a local selection committee or a regular selection committee, for a temporary or permanent appointment, as the case may bespecial mode of appointment19 (1) notwithstanding anything contained in statute 18, the executive council may invite a person of high academic distinction and professional attainments to accept a post of professor or any other equivalent academic post in the university on such terms and conditions as it deems fit and on the person agreeing to do so appoint him to the post(2) the executive council may appoint a teacher or any other academic staff working in any other university or organisation for undertaking a joint project in accordance with the manner laid down in the ordinancesappointment for fixed tenure20 the executive council may appoint a person selected in accordance with the procedure laid down in statute 18 for a fixed tenure on such terms and conditions as it deems fitrecognised teachers21 (1) the qualifications of recognised teachers shall be such as may be prescribed by the ordinances(2) all applications for the recognition of teachers shall be made in such manner as may be laid down by the ordinances(3) no teacher shall be recognised as a teacher except on the recommendation of a selection committee constituted for the purpose in the manner laid down in the ordinances(4) the period of recognition of a teacher shall be determined by the ordinances made in that behalf(5) the academic council may, by a special resolution passed by a majority of not less than two-thirds of the members present and voting, withdraw recognition from a teacher:provided that no such resolution shall be passed until notice in writing has been given to the person concerned calling upon him to show cause, within such time as may be specified in the notice, why such resolution should not be passed and until his objections, if any, and any evidence he may produce in support of them have been considered by the academic councilcommittees22 (1) an authority of the university may appoint as many standing or special committees as it may deem fit, and may appoint to such committees persons who are not members of such authority(2) a committee appointed under clause (1) may deal with any subject delegated to it subject to subsequent confirmation by the authority appointing it23 (1) all the teachers and other academic staff of the university shall, in the absence of any agreement to the contrary, be governed by the terms and conditions of service and code of conduct as are specified in the statutes, the ordinances and the regulationsterms and conditions of service and code of conduct of teachers, etc(2) the emoluments of members of the academic staff shall be such as may be prescribed by the ordinances(3) every teacher and member of the academic staff of the university shall be appointed on a written contract, the form of which shall be prescribed by the ordinances(4) a copy of every contract referred to in clause (3) shall be deposited with the registrar24 (1) all the employees of the university, other than the teachers and other academic staff shall, in the absence of any contract to the contrary, be governed by the terms and conditions of service and code of conduct as are specified in the statutes, the ordinances and the regulationsterms and conditions of service and code of conduct of other employees(2) the manner of appointment and emoluments of employees, other than the teachers and other academic staff, shall be such as may be prescribed by the ordinancesseniority list25 (1) whenever, in accordance with the statutes, any person is to hold an office orbe a member of an authority of the university by rotation according to seniority, such seniority shall be determined according to the length of continuous service of such person in his grade and in accordance with such other principles as the executive council may, from time to time, prescribe(2) it shall be the duty of the registrar to prepare and maintain in respect of each class of persons to whom the provisions of these statutes apply, a complete and up-to-date seniority list in accordance with the provisions of clause (1)(3) if two or more persons have equal length of continuous service in a particular grade or the relative seniority of any person or persons is otherwise in doubt, the registrar may, on his own motion and shall, at the request of any such person, submit the matter to the executive council whose decision thereon shall be finalremoval of employees of university26 (1) where there is an allegation of misconduct against a teacher, a member of the academic staff or other employee of the university, the vice-chancellor, in the case of the teacher or a member of the academic staff, and the authority competent to appoint (hereinafter referred to as the appointing authority) in the case of other employee may, by order in writing, place such teacher, member of the academic staff or other employee, as the case may be, under suspension and shall forthwith report to the executive council the circumstances in which the order was made:provided that the executive council may, if it is of the opinion, that the circumstances of the case do not warrant the suspension of the teacher or a member of the academic staff, revoke such order(2) notwithstanding anything contained in the terms of the contract of appointment or of any other terms and conditions of service of the employees, the executive council in respect of teachers and other academic staff, and the appointing authority in respect of other employees, shall have the power to remove a teacher or a member of the academic staff or other employee, as the case may be, on grounds of misconduct(3) save as aforesaid, the executive council, or as the case may be, the appointing authority, shall not be entitled to remove any teacher, member of the academic staff or other employee except for a good cause and after giving three months' notice or on payment of three months' salary in lieu thereof(4) no teacher, member of the academic staff or other employee shall be removed under clause (2) or clause (3) unless he has been given a reasonable opportunity of showing cause against the action proposed to be taken in regard to him(5) the removal of a teacher, member of the academic staff or other employee shall take effect from the date on which the order of removal is made:provided that where the teacher, member of the academic staff or other employee is under suspension at the time of his removal, such removal shall take effect from the date on which he was placed under suspension(6) notwithstanding anything contained in the foregoing provisions of this statute, a teacher, member of the academic staff or other employee may resign,—(a) if he is a permanent employee, only after giving three months' notice in writing to the executive council or the appointing authority, as the case may be, or by paying three months' salary in lieu thereof;(b) if he is not a permanent employee, only after giving one month's notice in writing to the executive council or, as the case may be, the appointing authority or by paying one month's salary in lieu thereof:provided that such resignation shall take effect only on the date on which the resignation is accepted by the executive council or the appointing authority, as the case may behonorary degrees27 (1) the executive council may, on the recommendation of the academic council and by a resolution passed by a majority of not less than two-thirds of the members present and voting, make proposals to the visitor for the conferment of honorary degrees:provided that in case of emergency, the executive council may, on its own motion, make such proposals(2) the executive council may, by a resolution passed by a majority of not less than two-thirds of the members present and voting, withdraw, with the previous sanction of the visitor, any honorary degree conferred by the universitywithdrawal of degrees, etc28 the executive council may, by a special resolution passed by a majority of not less than two-thirds of the members present and voting, withdraw any degree or academic distinction conferred on, or any certificate or diploma granted to, any person by the university for good and sufficient cause:provided that no such resolution shall be passed until a notice in writing has been given to that person calling upon him to show cause within such time as may be specified in the notice why such a resolution should not be passed and until his objections, if any, and any evidence he may produce in support of them, have been considered by the executive council29 (1) all powers relating to the maintenance of discipline and disciplinary action in relation to students of the university shall vest in the vice-chancellormaintenance of discipline among students of university(2) the vice-chancellor may delegate all or any of his powers referred to in clause (1), as he deems proper, to a pro-vice-chancellor and to such other officers as he may specify in this behalf(3) without prejudice to the generality of his powers relating to the maintenance of discipline and taking such action, as may seem to him appropriate for the maintenance of discipline, the vice-chancellor may, in exercise of his powers, by order, direct that any student or students be expelled, or rusticated, for a specified period or be not admitted to a course or courses of study in a college, institution or department or a school of the university for a stated period, or be punished with fine for an amount to be specified in the order, or be debarred from taking an examination or examinations conducted by the university, college, institution or department or a school for one or more years, or that the results of the student or students concerned in the examination or examinations in which he or they have appeared be cancelled(4) the principals of colleges and institutions, directors of schools of studies and heads of teaching departments in the university shall have the authority to exercise all such disciplinary powers over the students in their respective colleges, institutions, schools and teaching departments in the university, as may be necessary for the proper conduct of such colleges, institutions, schools and teaching departments(5) without prejudice to the powers of the vice-chancellor, the principals and other persons specified in clause (4), detailed rules of discipline and proper conduct shall be made by the university the principals of colleges, institutions, directors of schools of studies and heads of teaching departments in the university may also make the supplementary rules as they deem necessary to the aforesaid purpose(6) at the time of admission, every student shall be required to sign a declaration to the effect that he submits himself to the disciplinary jurisdiction of the vice-chancellor and other authorities of the university30 all powers relating to discipline and disciplinary action in relation to students of a college or an institution not maintained by the university, shall vest in the principal of the college or institution, as the case may be, in accordance with the procedure prescribed by the ordinancesmaintenance of discipline among students of colleges, etc31 (1) colleges and other institutions situated within the jurisdiction of the university may be admitted to such privileges of the university as the executive council and the college development council may decide on the following conditions, namely:—admission of colleges, etc, to privileges of university(i) every such college or institution shall have a regularly constituted governing body, consisting of not more than fifteen persons approved by the executive council and including among others, two teachers of the university to be nominated by the executive council and three representatives of the teaching staff of whom the principal of the college or institution shall be one the procedure for appointment of members of the governing body and other matters affecting the management of a college or an institution shall be prescribed by the ordinances:provided that the said condition shall not apply in the case of colleges and institutions maintained by the government which shall, however, have an advisory committee consisting of not more than fifteen persons which shall consist of among others, three teachers including the principal of the college or institution, and two teachers of the university nominated by the executive council;(ii) every such college or institution shall satisfy the executive council and the college development council on the following matters, namely:—(a) the suitability and adequacy of its accommodation and equipment for teaching;(b) the qualifications and adequacy of its teaching staff and the conditions of their service;(c) the arrangements for the residence, welfare, discipline and supervision of students;(d) the adequacy of financial provision made for the continued maintenance of the college or institution; and(e) such other matters as are essential for the maintenance of the standards of university education(iii) no college or institution shall be admitted to any privileges of the university except on the recommendation of the academic council made after considering the report of a committee of inspection appointed for the purpose by the academic council(iv) colleges and institutions desirous of admission to any privileges of the university shall be required to intimate their intention to do so in writing so as to reach the registrar not later than the 15th august, preceding the year from which permission applied for is to have effect;(v) a college or an institution shall not, without the previous permission of the executive council, college development council and the academic council, suspend instruction in any subject or course of study which it is authorised to teach and teaches (2) appointment to the teaching staff and principal of colleges or institutions admitted to the privileges of the university shall be made in the manner prescribed by the ordinances:provided that nothing in this clause shall apply to colleges and institutions maintained by the government(3) the service conditions of the administrative and other non-academic staff of every college or institution referred to in clause (2) shall be such as may be laid down in the ordinances:provided that nothing in this clause shall apply to colleges and institutions maintained by the government(4) every college or institution admitted to the privileges of the university shall be inspected at least once in every two academic years by a committee appointed by the academic council, and the report of the committee shall be submitted to the academic council, which shall forward the same to the college development council and executive council with such recommendations as it may deem fit to make(5) the college development council and the executive council, after considering the report and the recommendations, if any, of the academic council, shall forward a copy of the report to the governing body of the college or institution with such remarks, if any, as they may deem fit for suitable action(6) the executive council may, after consulting the college development council and academic council, withdraw any privileges granted to a college or an institution, at any time it considers that the college or institution does not satisfy any of the conditions on the fulfilment of which the college or institution was admitted to such privileges:provided that before any privileges are so withdrawn, the governing body of the college or institution concerned shall be given an opportunity to represent to the executive council as to why such action should not be taken(7) subject to the conditions set forth in clause (1), the ordinances may prescribe—(i) such other conditions as may be considered necessary; and (ii) the procedure for the admission of colleges and institutions to the privileges of the university and for the withdrawal of those privilegesconvocations32 convocations of the university for the conferring of degrees or for other purposes shall be held in such manner as may be prescribed by the ordinancesacting chairman of meetings33 where no provision is made for a president or chairman to preside over a meeting of any authority of the university or any committee of such authority or when the president or chairman so provided for is absent, the members present shall elect one from among themselves to preside at such meetingresignation34 any member, other than an ex officio member, of the court, the executive council, the academic council or any other authority of the university or any committee of such authority may resign by letter addressed to the registrar and the resignation shall take effect as soon as such letter is received by the registrardisqualification35 (1) a person shall be disqualified for being chosen as, and for being, a member of any of the authorities of the university,—(i) if he is of unsound mind; or (ii) if he is an undischarged insolvent; or (iii) if he has been convicted by a court of law of an offence involving moral turpitude and sentenced in respect thereof to imprisonment for not less than six months (2) if any question arises as to whether a person is or had been subjected to any of the disqualifications mentioned in clause (1), the question shall be referred to the visitor and his decision shall be final and or other proceedings shall lie in any civil court against such decision36 notwithstanding anything contained in the statutes, a person who is not ordinarily resident in india shall not be eligible to be an officer of the university or a member of any authority of the universityresidence condition for membership and officemembership of authorities by virtue of membership of other bodies37 notwithstanding anything contained in the statutes, a person who holds any post in the university or is a member of any authority or body of the university in his capacity as a member of a particular authority or body or as the holder of a particular appointment shall hold such office or membership only for so long as he continues to be a member of that particular authority or body or the holder of that particular appointment, as the case may bestudents council38 (1) there shall be constituted in the university, a students' council for every academic year, consisting of—(i) the dean of students' welfare who shall be the chairman of the students'council;(ii) twenty students to be nominated by the academic council on the basis of merit in studies, sports and extra-curricular activities; and(iii) such number of elected representatives of students as may be specified by the academic council:provided that any student of the university shall have the right to bring up any matter concerning the university before the students' council if so permitted by the chairman, and he shall have the right to participate in the discussions at any meeting when the matter is taken up for consideration (2) the functions of the students' council shall be to make suggestions to the appropriate authorities of the university in regard to the programmes of studies, students' welfare and other matters of importance, in regard to the working of the university in general and such suggestions shall be made on the basis of consensus of opinion(3) the students' council shall meet at least once in an academic year preferably in the beginning of that yearordinances how made39 (1) the first ordinances made under sub-section (2) of section 32 may be amended, repealed or added to at any time by the executive council in the manner specified below(2) no ordinance in respect of the matters enumerated in sub-section (1) of section 32shall be made by the executive council unless a draft of such ordinance has been proposed by the academic council(3) the executive council shall not have power to amend any draft of any ordinance proposed by the academic council under clause (2), but may reject the proposal or return the draft to the academic council for re-consideration, either in whole or in part, together with any amendment which the executive council may suggest(4) where the executive council has rejected or returned the draft of an ordinance proposed by the academic council, the academic council may consider the question afresh and in case the original draft is reaffirmed by a majority of not less than two-thirds of the members present and voting and more than half the total number of members of the academic council, the draft may be sent back to the executive council which shall either adopt it or refer it to the visitor whose decision shall be final(5) every ordinance made by the executive council shall come into effect immediately(6) every ordinance made by the executive council shall be submitted to the visitor within two weeks from the date of its adoption(7) the visitor shall have the power to direct the university within four weeks of the receipt of the ordinance to suspend the operation of any such ordinance and he shall, as soon as possible, inform the executive council about his objection to the proposed ordinance(8) the visitor may, after receiving the comments of the university, either withdraw the order suspending the ordinance or disallow the ordinance, and his decision shall be finalregulations40 (1) the authorities of the university may make regulations consistent with the act, the statutes and the ordinances for the following matters, namely:—(i) laying down the procedure to be observed at their meetings and the number of members required to form a quorum;(ii) providing for all matters which are required by the act, the statutes or theordinances to be prescribed by regulations;(iii) providing for all other matters solely concerning such authorities orcommittees appointed by them and not provided for by the act, the statutes or the ordinances(2) every authority of the university shall make regulations providing for the giving of notice to the members of such authority of the dates of meetings and of the business to be considered at meetings and for the keeping of a record of the proceedings of meetings(3) the executive council may direct the amendments in such manner as it may specify, of any regulation made under the statutes or the annulment of any such regulationdelegation of powers41 subject to the provisions of the act and the statutes, any officer or authority of the university may delegate his or its powers to any other officer or authority or person under his or its respective control and subject to the condition that overall responsibility for the exercise of the powers so delegated shall continue to vest in the officer or authority delegating such powers statement of objects and reasonsthe access to educational facilities for the vast tribal population in the country is very limited and the tribal youth is at disadvantage in higher studies, leading to quite a low educational and economic status of tribal communities there is high concentration of tribal population in the north-eastern states, and in the area comprising parts of madhya pradesh, chhattisgarh, jharkhand, orissa, andhra pradesh, maharashtra, rajasthan and gujarat while north-eastern states have a good number of central universities, there is no central university specifically catering to the population in the other tribal concentrated area2 it is, therefore, proposed to establish and incorporate a teaching and affiliating university at amarkantak in the state of madhya pradesh, to facilitate and promote avenues of higher education and research facilities, particularly for the tribal population in the country3 the bill seeks to achieve the above objectivesnew delhi;arjun singhthe 2nd august, 2007 financial memorandumclause 3(l) of the bill provides for establishment of a university in the state of madhya pradesh by the name of "indira gandhi national tribal university" the financial requirement of the university is estimated at rupees sixty crore (non-recurring) and rupees twelve crore per annum (recurring) for the eleventh plan period the expenditure would be met from the consolidated fund of india through the budgetary provisions under the department of higher education, ministry of human resource development memorandum regarding delegated legislationclause 31 of the bill provides that the first statutes are those set out in the schedule to the bill it also empowers the executive council of the university to make new or additional statutes or to amend or repeal the statutes of the university subject to the assent of the visitor2 sub-clause (5) of the aforesaid clause empowers the visitor also to make new or additional statutes or amend or repeal the statutes of the university during the period of three years immediately after the commencement of the act3 sub-clause (6) further empowers the visitor to direct the university to make provisions in the statutes in respect of any matter specified by him and if the executive council is unable to implement such directions within sixty days of its receipt, the visitor may, after considering the reasons, if any, communicated by the executive council for its inability to comply with such direction, make or amend the statutes suitably the matters in respect of which the executive council and the visitor may make, amend or repeal statutes include the constitution, powers and functions of the authorities and other bodies of the university, the appointment of officers and teachers of the university, the conditions of service of employees of the university and other such matters4 sub-clause (2) of clause 32 of the bill empowers the vice-chancellor to make the first ordinances of the university with the previous approval of the central government and provides that the ordinances so made may be amended, repealed or added to at any time by the executive council in the manner prescribed by the statutes the matters in respect of which ordinances may be made, or as the case may be, amended, repealed or added to, relate to admission of students, courses of study, medium of instruction and examination, the manner of co-operation and collaboration with other universities, institutions and other agencies, the setting up of a machinery for redressal of grievances of employees and other such matters5 clause 33 of the bill enables the authorities of the university to make regulations, consistent with the act, the statutes and the ordinances, for the conduct of their own business and that of the committees appointed by them and also for such matters as may be prescribed by the statutes or ordinances6 clause 48 empowers the central government, by order, to make provisions to remove certain difficulties, which may appear to be necessary or expedient and such an order is not to be made after the expiry of a period of three years from the commencement of the act and that such order shall be laid before each house of parliament7 clause 49 provides that every statute, ordinance or regulation made under the act shall be published in the official gazette, and they shall be laid before each house of parliament8 the matters for which the statutes, ordinances or regulations may be made pertain to matters of procedure or detail and it is not possible to provide for them in the bill the delegation of legislative powers is, therefore, of normal character————— a billto establish and incorporate a teaching and affiliating university at amarkantak in the stateof madhya pradesh to facilitate and promote avenues of higher education and research facilities for the tribal population in india and to provide for matters connected therewith or incidental thereto—————(shri arjun singh, minister of human resource development)mgipmrnd—3256rs (s5)—20-08-2007 | Parliament_bills | 9e3e2e87-b4df-5fe7-aa59-30fd116dd3cd |
(as introduced in lok sabha) arrangement of clausescialises chapter i puuminaiiy1 short title add comldedcemedt chapter d ratts of incom~tax2 income-tax chapter m3 amendment of section 2 4 amendment of section 10 s amendment of section 11 6 amendment of section 13 7 amendment of section 16 8 amendment of section 36 9 a mendment of section 40 10 amendment of section 40a 11 omission of section 54a 12 amendment of section 58 13 amendment of section 67 14 amendment of section 80a 15 amendment of section 8oc 16 amendment of section 801 17 amendment of section 80l 18 amendment of section 80m 19 amendment of section 80mm 20 amondment of section 80n 21 substitution of new section for section 800 22 amendment of scction sop ~3 amendment of section flot 24 "menciml'nt of '!lcction a6 2!l substitution of n(!w s('ction for s('ction 115 ciaiises26 ameadmelt of section 194a 27 amendment of section 230a 28 omission of sectioo 235 29 amendment of second schodulfj 30 amendmedt of sixth schedule ella prell iv31 amendment of aectloa , 31 amendma ol8ecti0il5 sse amendmeat of 8ection 18 34 amendment of 8ectlon 21 35 a mendment of sectloa 32 36 amendmedt of schedule chaprer votiiui di reet 1pus 37 amendment of act 18 of 1958 38 amendment of act '1 of 1964 chapi'er viinijiri;cl , hl:!o' 39 amendmei& of act 32 of 1934 40 amendment of act 1 of 1944 41 a mendment of act 58 of 1957 42 amendment of act 2'1 of 1958 cha7rer vdfortii':' travel tax 43 extent add commencemeat 44 definitions fulises 45 j'ore1gd travel m 46 power to exempt 47 peaalty 48 protectlod of action taken in pod fauh 49 power to make rules 50 power to iiiilb regulatioll8 51 rules and aot1flcatlons to te laid before pai'hemeiit chapi'er vm miscellaneous52 amendment of act 6 of 1898 53 amendment of act 47 of 1961 54 housing and urban development pi_nce corporation private ltd to be exempt for a certain period from liabuity to y income-tax and surtax 55 repeal the first schedule the second schedule the finance (no2) bill, 1971 a billto blve elfec, to rile iinclicial proposals of the carrol governlltelit for the financi41 year 1971-72 ciid to provide for the 'evy of foreisn travel tcii be it enaoted by parliament in the twenty-secodd year of the repubuc of iddia as follows:- chapter i puliminaryi (1) this act may be called the finance (no2) act, 1971 5 910ft title and commencement (2) save as otherwise provided in this act, sections 2 to 38 liid sections 53 add 64 sbl11 be deemed to iii ve come into force on the 1st day of april, 1971 chapter d rates of income-tax10 i (i) subject to the provisions of sub-sections (2) and (3) for the asses8ment year commeaciog on the 1st day of april 1971, income-tax shall be cbarged at the rates specified in part i of the first schedule add, in the cases to which paragraphs a, b, c and d of that part apply, shall be idcrelsed by a surcharge for purposes of the union add in the cases to which paragraph c applies, also by a special surcharge for purposes of the union, calculated in each case in the madder provided therein 5 (2) in makidg any assessment for the assessment year commeuolag on the 1st day of april, 1971, where the total income of a company, other than the life insurance corporation of india established under the life insurance corporation act, 1956 ~1 of 1956-iooludes any profits and gains from life insurance business, the 10 idcome-tax payable by it shall be the aggregate of the lacome-tax calculated -(i) on the amount of profits and gains from life insurance business so included, at the rate appllcable in the case of the life insuranoe corporation of india, in accordaooe with para- 15 graph e of part i of the first schedule, to t t part of its total income which consists of profits and gains from life insurance business i add (u) oa the remaining part of its totaliooome, at the rate applicable to the company oil its total income 20 (3) in oases to which chapter xu or section 164 of the incometax act, 1961 (bereidaiter referred to as the inoome-tu: act) applies, 43 of 196l the tax ohargeable shall be determined as provided in that chapter or that section, and with referenoe to the rates imposed by sub-section (1) or the rates as speclfied in that chapter or section, as the case 25 may be (4) in cbses in whioh tax has to be deducted under seotions 193, 194, 194a and 195 of the inoome-tax act·at the rates in force, the deduction shall be made at the rates opeolfled in part d of the first schedule 30 (5) in cases in whioh income-tax has to be calculated udder the first proviso to sub-section (5) of section 132 of the income-tax aot 01' oharged under sub-secuoa (4) of section 172 or sub-section (2) of section 174 or section 175 or sub-seotion (2) of section 176 of the said act or deduoted under section 192 of the said act from 35 1dcome chargeable under the head "salaries" or deducted udder sub-section (9) of sectiod 80e of the said act from any payment referred to in the &aid sub-section (9) or in which the ''advance tax" payable udder chapter xvd-c of the aid act has to be computed, at the rate or rates in force, such ldcome-tax or, a8 the 40 case may be, ''advance tax" shall be so oaloujated, cbarpd, deducted or computed at the rate or rate spectfled in part m of the first schedule: provided that in respect of any income cbargeable to tax 5 udder section 184 of the iocome-tax act at the rate of sixty-five per cent, ''advance tax" shall be computed at that rate (6) for the purposes of this section add the first schedule,-(a) ''co~ny in wllich the pubuc are substantjally idterested" means a company which is such a company as is referred to in 10 section 108 of the income-tax act; (ii) "domestic company" means an indian company, or any cjther company which, in respect of its idcome liable to incometax under the iocome-tax act for the assessment year commencidg oil the 1st day of april, 1971, bas made the prescribed arrange-15 ments for the declaration and payment wtthtn india of the dividends (including dividends on preference shares) payable out of such income in accordance with the provisions of section 194 of that act; (c) "industrial company" means a company which is mainly 20 engaged in the business of generation or distribution of electricity or lldy cjther form of power or in the constructioil of ships or in the manufacture or processing of goods or in m1didg expiciii,hon -for the purposes of this clause, a company shall be deemed to be mainly engaged in the business of genera-25 tion or distribution of electricity or any other form of power or in the construction of ships or in the manufacture or processidg of goods or in miding, if the income attributable to any ode or more of the aforesaid activities included in its total income of the previous year (as computed before making any deduction 30 under cbapter via of the iocome-tu act) is not less than fifty-one per cent of such total income; (d) '\ax free security" means any security of the central government issued or declared to be income-tax free, or any security of a state government issued income-tax free, the 35 income-tax whereon is payable by the state government; (e) all caber word and expressions used in this section and the first schedule but nca defined in this sub-section and defided in the lucome-tax act shallbave the meanings, respectively, a88lgned to them in tbat act i in eectiod 2 of the 1dc0me-tax act-alii en elm enr of section 2 (a) for clause (17) the followidg clause shall be substituted, namely:-5 i (17) ''company'' mea08-(i) any indian complny or (if) any body corporate incorporated by or udder the laws of a country outside india, or 10 11 of 1922 (iii) any inst1tutiod, assoctattod or body which is or was assessable or was assessed as a company for any assessment year under the indian income-tax act 1922 or which is or was assessable or was assessed udder this act as a compl0y fcr aoy assessment year commencing oil or before the 1st day of april, 1970 or 15 (iv) any institution, association or body whether lncorporated or not and whether indian or non-indian which is declared by general or special order of the beard to be a company: provided tblt such institution, association or body 20 shall be deemed to be a company only for such assessment year or assessment years (whethel' commencing before the 1st day of april, 1971 or on or after that date) as may be speoified in ~he declarationi 'i (b) in olause (18) after liub-<:lause (a) the following sub-25 olauses 8hall be inserted namely:-"(44) if it is a company which i8 regi8tered under section 26 of the companies act, 1966; or 1 of 19xi (clb) if it is a company having no share capital and if, baying regard to its objects the nature and composition of 30 its membership and other relevant considerations it is declared by order of the beard to be a company in which the public are substantially interested: provided that such company shall be deemed to be a company in which thtl public are substantially interested only for such 35 assessment year or assessment years (whether commencing before the 1st day of april, 1971 or on or-der uat &8) u may be specified in the declaratiodi or"i (e) in clause (26),-(i) after sub-clause (i), the wnw 1ub-cia s 1; shall be inserted, namely:-"(ia) a corporation establlmd by or wider a central, state or provincial act, fib) any institution, &8sogiauoa or body which ts declared by the beard to be a c ay under clauae 10 (17) " (ii) in the proviso, for the words "regjstered offloe of the company", the words "re,istered or, as the case may be, principal office of the company, corporation, institution, association or body" shall be substituted; 15 (d) after clause (4ja), the followi olause 11 be ld rted with effect from the lst day of ojaary, 1972, mely:-'(438) ii tax recovery comdslober· ••••• r mi •• ioaer or lid a •• '_teat cmimioaer f "ea • &as wlao may be thortsed by the ceatral gov_t, , 20 eral or epeeial aotifioatlod la the oflolal gaetae, exeret the powers of a tax recovery comminioder;' - 0 in section 10 of the income-tax act -am en din «n of merion 10 (a) in clause (20) for the words ''which accrues orarises from the supply of a commodity or service within its own jurls-25 dictional areaj", the words ''which accrues or arises from the supply of a commodity or service (not beine water or electricity) within its own jurisdictional area or from the supply of water or electricity within or outside its own jurisdicuolill area;" shall be substituted with effect from the 1st day of 30 april, 1972 (b) in clause (26a),-(i) the brackets and words "(not being an individual who is in the aervice of government)" shall be, and shall be deemed always to bave been, omitted; 35 (ii) for the expression "1st day of apru, 1970", the expression "1st day of april, 1975" shall be substituted and shall be deemed to have been substituted with offuct from the 1st day of april, 1970 in section 11 of the income-t&x act after sub-section (1) the followllll sub-section shall be add shall be deemed always to have been inserted mely:-'(ia) for tha purposes of sub-section (1)-( 4) where a capital asset beidg property held udder 5 trust wholly for c ritable or religious purpoles is transferred and the whole or any ,rt of the net coll8ideration il utilised for acquiring another capital alset to be so held, then the capital gain arising from the transfer lhall be deemed to have been applied to charitable or religious pur- 10 poses to the extent specifled hereudder namely:-m where the whole of the net consideration is utiuled in aoquirlng the new capital alset, the whole of such capital gain; (if) where only a ,rt of the net consideration 15 is utuised for acquiring the new capital asset, so much of such capital gain is equal to the amount, if any by which the amoudt so utlllsed exceeds the oost of the transferred asset; (li) where a oapital aslet, being property held under 20 trut in part only for such purposes is transferred and the whole or any part of tbe net consideration is utilised for acquiring another capital 88set to be so held, then, the appropriate fraotion of the capital gain arising from the traufer lhall be deemed to have been applied to charitable 25 or religious purposes to the extent specified hereunder, _mely:-(i) where the whole of the net consideration is utll1led in aoqujrilll the new capital aslet the whole of the appropriate fraotion of such capital gain; 30 (ti) in any other case, so much of the appropriate fraction of the capital gain as is equal to the amoudt, if any, by which the appropriate fraotion of the amoudt utlllaed for acquiring the new asset exceeds the appropriate fraotlonof the oolt of the transferred a8set 35 ezplcanglion -in this sub-ieotion,-(i) ppropriate fraction" m_ns the fractlod which represents the extent to which the idcome derived from the capital &8set trauferred was immediately before such tr&d8fer applicable to cbarbable or reli,toua pur-poll8s; 5 (ii) ''oost of the tradbferred set" meaoa the aarepte of the cost of acquisition (as allcertatned for the purposes of seottou 48 add 49) of the oapital asset whloh is the subject of tjae traufer add the cost of lily improvemeat thereto within tile meanldg asigned to tlat expression in sub-clause (b) of clause (1) of section 55; 10 (tii) ''net coulderation" meau the full value of the coukieration received or aocruing as a result of the transfer of the capital asset &8 reduced by any expedditure incurred wholly and exclusively in codil8otioll with such transfer ' amendment of section 13 i in 8ection 13 of the income-tax act in sub-section (4) for 15 the words '-molleys of the trust or the 1a8tltutlon" the words "funds of the trust or the institution" slall be substituted amendment of section 16 1 in section 16 of the inoome-tax act in clause (ill) with effect from the 1st day of april 1972-( a) in sub-olause (b) for the entry "rs 60" the entry 20 ''rs75'' ala11 be substituted; (b) in sub-olause (e) for the entry ''rs35'' the entry "8s50" shall be substituted amencbent of sectioo 36 i in section 38 of the income-tax act in clause (liiil) of subsection (1), for the words ''industrial development" the words 25 "industrial or agricultural development" sla11 be substituted with effect from the 1st day of april 1972 alii en dment of section 40 i in section 40 of the income-tax act with effect from the 1st day of april 1972-(4) in clause (a) sub-olause (ii) slall be omittedi 30 (b) in clause (c), for the words "benefit derived by or aocruing to it therefrom" the followidg shall be substituted ibmely:--''benefit derived by or accruidi to it therefrom 80 however that the deduction in respect of the aggregate 35 of such expenditure add allowance in respect of any per80n referred to in sub-clause (t) shall in do case exceed aeveatytwo thousand rupees" ii iii hclkla -6oa of the jocome-tax act, with effect from ta 1st day of april, 1972,-ameadmeacof aection ca (q) ta sab-seotloo (1) ld the prov18o to clauh(4) for the words ''pronlou of tlaia hguoe" tbe words ''prov181ou of tilll ub-iecuoe" iiiall be i ; 5 (b) after lub-secttoe (4), lm followl •• ub-ections shall be maerted mely:-'(5)(0) where the aall8l188-(i) hllcurs ally expeaditure which result directly or bkureotly ld the pay1ll- fa any a1ary to ad employee or 10 a former emplojee 01' (u) idcnirs any ~re which results directly or liidinclly ld &be prcwlsloe of &dy perquisite (whether codverttble idto moiley or dot) to an employee or incurs direotly or indirectly any experu:liture or is entitled to ady 15 allowalm)e in respect of any assets of the allessee used by an empl~ee either wholly or partly for his owd purpoel or bedefit, then, labject to the provisions of clause (b) 10 much of such expenditure or allowance as 1 til exc s of tm limit specified 20 m respect tllereof ld olauee (e) stall oct be allowed as a deduot101l: 25 provided that in computing the aforesaid expenditure or allowa,8 the follow1 shall not be taked into account, aamely:-m the value of &dy travel codoesion or assistance referred to in olaue (5) of section 10; (if) "isap id_yi or the val_ of any free or oodce8,loaal pa referred to in lub-olaule (i) of clauae (6) of sectioll 10; 30 (ift) ally payment referred to 1d clause (til) or c]ause (11) of lub-aectiod (1) of lectiod 36; (ill) any expeadlture referred to in clause (ii) of sub-iectiod (1) of seot100 36 (b) nothtllc in clause (a) ,11 apply to any apeadaure 3& or auadce fa relation to-(t) a, employee in respect of ady period of hil employmoll& outside india; 5 oi) any employee being an individual referred to in sub-<:lause (liii) or sub-<:lause (liiia) of claue (6) of section 10 in respect of any period during which he i entitled to the exemption udder ub-<:jaue (vii) or as the case may be sub-clauh (vii" aforealdi (iii) ,:ny employee whoae 1dcome oharr_ble udder the head "salaries" is seven tbouaaad add five hwadred rupees or less 10 is (c) the limits referred to in clause (a) are the followidc namely:-(ij in respect of the expenditure referred to in sub-clause (ij of clause (0) in the case of ad employee, an amount calculated at the rate of bve thousuad ~s for each month or part tbereof comprised in the period of his employment in india during the previowl year, and in tile case of a former employee, "iai an individual who ceues or ceased to be the employee of the sessee during the previous year or any earlier previous year, sixty thousand rupeesi 20 25 (ii) in respect of the aggrepte of the expenditure and the allowance referred to in sub-alaat' (it) of clause (a) one-ruth of the amount of the i&iary payable to the emjioyee or an amount caloulated at the rate of one thousand rupees for eaab moath or part thereof comprised in the period of employment id latia of tile emjioyee during the previous year, whichever" less 30 erplanation 1- the provisions of this sub-section shall apply notwithstadding that any amount not to be allowed ilnder this sub-section i included in the total income of the employee or, as the case may be, the former employee erpl anelti,n 2 -in tills sub-section,-(a) if_jary" has tbe meaning igned to it in clause (1) read wwl clause (3) of aeotion 17 subject to the followini modifjaauoa, _mely:-(i) in the said elaue (i), the word "perqullte" occurring in8ub-clause(iv) and the wbole of ubclause (vii) ball be omluedi (2) id the said olaue (3), the reference to ' see" _11 be construed a reiereac •• to "emplo¥ee or former emplo,ee" aad the references k» "ills employer or former employer" aad ''an employer or a former employer" iall be coiltrued a reference to ''the a •• e "; (b) ''perquisite'' md8-(i) the value of redt-free acoommodation provided to the employee by the as8881ee; (ft) the value of any collcealloa iii the matter of reut reapectldg any aooommodatloll 5 provided to the employee by the a88essee, (iii) the value of any benefit or amenity lranted or provlded free of coat or at codoessloaal rate to the employee by the aslelsee, (tv) any lum paid by the as18s8 in reapect 10 of any obligation whloh, but for nob paymeat, would bave been payable by tbe employee, and (v) any aum paid by the a8le88ee whether directly or through a fund other than a recoptsed provident fund or an approved superamuatloa fund, to 1& effect an aslul'ldoe on the ius of the employee or to effect a oaml'8ot for an adlluity (6) where the 88sess88 meure any expenditure by way of fees for servloe8 rendered by a persoll who at any time durbrc the twenty-four months immediately precedijjg the previous 20 year was an employee of the 888essee-(a) such expeddtture by wily of feel or (b) where the use8see has al80 incurred 111 relauon to such persoll any expedditure by way of salary referred to ill 8ub-claue (i) of claue (a) of sub-section (5) the aggre-25 gate of such expenditure by way of fees and by way of salary shall not be allowed 88 a deduction to the extent luch expeddtture by way of fees or as the case may be the aggregate of such expenditure by way of fees and by way of salary exceeds sixty thousand nipees so omission of section 54a 11 sectioll ma of the income-tax act 8lall be omitted with effect from the 1st day of april, 1972 amendment of section ~ 36 u in olau8e (ca) of sub-seotioll (1) of 8eotton 58 of the ldcometax act, sub-olause (tv) 8511 be omitted with effect from the lit day of april, 1972 is in sect ton 67 of the income-tax aot -amendment of enon 67 40 (a) tn olaule (a) of sub-section (1), for the wordl "registered firm" the wordl, brackets, letter and figures "rep8tered firm or an unregistered firm &i8e88ed as a registered firm udder clause (b) of 8ectioll 183" shall be substituted ; (b) ill sub-sectloll (4), for tbe word i "a firm tr_ted as rellstered in acoordance with the prov1aioll8 of" the words ''an ud1'epstered firm asaesaed as a re,latered firm udder" sball be aubsmuted ammdment of section 80a ja id section 80a of the 1dc0me-tu: aot, in sub-section (3), for the word, ftgure8 add letter "section 80l", the words, f1curea 5 and letters "section 80101 or section 80n or section 800" sull be substituted with effect from the 1st day of apru, 1972 amendment of ii id section 80c of the 1dc0die-tu act, with effect from the 1st day of apru, 1972,-~ction 80c (a) for sub-section (i), the following sub-section shall be 10 lubstltuted, dllmely:-"(1) id computing the total idcome of an assessee, there shall be deducted, in accordadce with and subjeot to the provisions of this section, an amount caloulated, with reference to the aarepte of the sums speouled in sub-aeotion (2), at 15 the followldg nt:es, namely:-the whole of such aggregate; (a) where such aarepte does not exceed rs1,ooo (b) where such aaregate exceeds rs1, 000 but does not exceed rs 6, 000 20 rs1,ooo plus 50 per cent of the amount by which such aaregate exceeds rs1, 000 rs 3, 000 plu s fo per cent of the amount (c) where auch aregate exceeds rs6,ooo 25 by which iuch aaregate exceeds rs5,ooo fl (b) in aub-seot1oa (4), in clauses (ii) and (ill) for the words ''fifteen thouaaad rupees", the words ''twenty thousaad rupees" shall be 8ublt1tuted amendment o f ~ctioo 801 ji id section 801 of the ldoome-tax act in sub-section (i) 30 for the words "eight per ceut ", the words ''flve per cent " lhall be substituted with effect from the 1st day of april, 1872 amendldent of iy id section 80l of the ldcome-tax act, in lub-section m with effect from the 1st day of april 1872-li~ction sol (a) for the words "where the ,ross total inoome of an 35 assesee", the words 'where the ,robb total income of an esll88, being ad iadlvldual or a hlndu undivided famuy " _11 be substituted (b) fn clause (vi), the word ''or'' occurring at the end shall be om1tted; (e) in clause (vii) for the word add figures "section 36, ", the words add filures "section 36; or" ha11 be substituted; (d) after clause (vii) the following clause shall be illserted, 5 aamely:-"(viii) interest oil deposits with a co-operative society, nct beidg a co-operative society referred to in clause (vi), made by a member of the society," 10 11 in section 80m of the income-tax act, with effect from the lst day of apru, 18'12,-amendment of aecliod son (a) in aub-sectloil (j), -(i) for clauses (a) and (bl, the following clauses shall be substituted, aamely:-"( 4) sixty per cent of such income, where the 15 asseasee is a domestic company; (b) sixty-five per cent of such income, where the assessee 18 a foreign company "; (ii) the explanation shall be omitted; (b) for sub-section (2) and the explanation appearing below 20 that sub-section, the following sub-section shall be substituted, mmely:-"(2) where a company to which this section appues is entitled also to the deduction under section bole, the deduction under sub-section (1) shall be allowod in respect of 25 income by way of dividends referred to therein as reduced by the amount of the deduction under section bok " ii in _etton 80mm of the income-tax act, with effect from the 1st day of april, 1972,-amendment of section bow 30 (a) in sub-scctlon (i), -(0 for the words "assessee being an indian company" the words and brackets "assessee, being an indian company or a person (other than a company) who is resident in india, " shall be substituted; (ii) for the words ''received by it", the words "received by the assessee" shall be substituted: (iii) for the words "central government", in both the places where they occur, the word "board" shall be substituted: 5 (ill) for the words "there shall be allowed a deduction" the words ''there shall in accordance with and subject to the provisions of this section be allowed a deduction" shall be substituted; 10 (ii) after the proviso, the following proviso shall be inserted, namely:-15 20 "provided further that approval of the board shall not be necessary in the case of any such agreement w hicb has been approved for the purposes of the deduction under this sub-section by the central government before the 1st day of april, 1972, and every application for such approval of any such agreement pending with the central government immediately before that day shall stand transferred to the board for disposal "; (b) after sub-section (2), the following sub-section shall be inserted, namely:-25 30 "(2a) where the assessee is a person other than a oompany or a oo-operative society the deduction under sub-section (1) shall not be admissible unless the accounts of the assessee for the previous year have been audited by an acco1u1tant as defined in the explanation below subsection (2) of section 288, and the ass8ssee furnishes, along with his return of income, the report of such audit in the prescribed form duly signed and verified by such acoo1u1tant and setting forth such particulars as may be prescribed " a in section 80n of the income-tax act with effect from the 1st day of april, 1972,-amendliient of aection son 35 (a) for the words "assessee being an indian oompany", the words and brackets "as88ssee, being an indian company or a person (other than a company) wbo is resident in india, " shall be substituted; (b) for the words, f:lpre and letters "central govern-40 ment in this behalf before the 1st day of october of the relevant assessjpent year", the word ''board in th1a behalf" shall be substituted; (e) the foll~ing provisos shall be inserted at the end, namely:-5 "provided that the application for such approval is made to the board before the 1st day of october of the relevant assessment year: 10 provided further that the approval of the board shall not be necessary in the case of any such agreement which has been approved for the purposes of the deduction under this section by the central government before the 1st day of april 1972 and every application for such approval of any such agreement pending with the central government immediately before that day shall stand transferred to the board for disposal " 15 21 for section 800 of the income-tax act the following action shall be substituted with effect from the 1st day of april, 1972, namely:-substitution dine section for section 800 "800 (1) where the gross tota11ncome of an assessee, being au lddlan company or a person (other than a company) who is reaideot in india, includes any income by way of royalty, deductioa in respect 01 loyshies etc 110m cenaia foreijp enterprise commiuiod fe or any 11muar payment received by the 20 agel from the governm-t of a foreign state or a foreign edterpri •• ln oouideration "r the use outside india of any patent invention, model, design, secret formula or process, or similar property right, or information concerning industrial commeroial or sclenuflc knowledge experience or skill 25 made available or provided or agreed to be made available or provided to suoh govemmenf or enterprise by the aslessee,or iii consideration of technical services rendered or agreed to be rendered outside india to such government or enterprise by the assessee, under an agreement approved by the board in this 30 behalf, there shall be allowed, in accordance with and subject to the provisions of this aeetlon, a deduction of the whole of inch income in computinc the total income of the aslessee: 35 provided that the appl1 cation for the approval of the agreement referred to in this sub-action is made to the board before the 1st day of october of the assessment year in relation to which the approval is first sought: 40 provided further that approval of the board shall not be necessary in the case of any such agreement which haa been approved for the purpose, of the deduction under this section by the central government before the 1st day of april 19'72 and every applicauon for such approval of any such agreement pending with ~e central government immediately herore that day hall stand transferred to the board for disposal (2) where the assessee is a person other than a company or a co-operative society, the deducuon under sub-section (1) shall not be admissible unleas ihe acoounts of the assessee for the previous year have been audited by an accountant as defined 5 in the ezplanation below sub-secuon (2) of section 288 and the assessee furnishes, along with his return of income, the report of such audit in ihe prescribed form duly signed and verified by such accountant and setting forth such particulars as may be prescribed " 10 22 in section 80p of the income-tax act in clause (a) of subsecuon (2) with effect from the 1st day of april 1972-amendment of section bop, (a) in sub-clause (ii) the word ''or ii shall be inserted at the end: (b) after sub-clause (ii) the following sub-claujes shall be 15 inserted, namely:-"(iii) the collective disposal of the labour of its members, or (liii) fishing or alued activities, that is to say, the catching, curing, processing, preserving, storing or 20 marketing of fish or the purchase of materials and equipment in connection therewith for the purpose of supplying them to its members, ": (c) the following proviso shall be inserted at the end, namely:-25 ''provided that in the case of a co-operative society falling under sub-clause (iii) or sub-clauae (liii) the rules and bye-laws of the society restrict the votink rights to the following classes of its members namely:-(1) the individuals who contribute their labour or, 30 as the case may be, carry on the ftshing or a1l1ed activities: (2) the oo-operative credit societies which provide financial assistance to the society: (3) the state government; " 35 ii in section sot of the income-tax act, in clause (b) with effect fl'om the 1st day of april, 1972,-amend-ident 01 sechon bot, (a) in sub-clause (0 for the words "forty-five per cent " the words ''thirty-five per cent ii ahall be substituted: (b) 1n sub-olause (it) and 1d the proviso, for the words "s1xtv-bve per oont ", wherever they occur, the words tltlfty per cent " shall be substituted amendment of section 86 24 in section 86 of the income-tax act, in clause (iii) , after the words ''unregistered firm", the brackets, words, letter and 5 figures "l not being an unregistered firm assessed as a registered firm under clause (b) of section 1q,i''' shall be inserted ii for section 115 of the ldoome-tax act, the followidg section shall be substituted with effect from the 1st day of april, 1972, namely:-10 substitutioo olnew section for rction 11~ tax on capital 8sids id case of compsnie '115 where the total income of a company includes any income chargeable under the head "capital gains" relaung to capital assets other than short-term capital assets (such income being hereinafter referred to as long-term capital gatns), the income-tax payable shall be the aggregate of-15 (i) the amount of income-tax calculated on the am,01dlt of loug-term capital gains included in the total income-(a) at the rate of forty-five per cent on so much of the amo1dlt of such long-term capital gains as relate to buildings or lands or any rights in buildings or lands; 20 and (b) at the rate of thirty-five per cent on the balance of such long-term capital gains, if any; and (tt) the amount of income-tax with which it would have been ohargeable had its totalinoome been reduced by the 25 amount of loug-term capital pins referred to in clause (i )j - •• in aection ina of the income-tax act, in clause (v) of subsection (3), after the words ''by a co-operatlve society", the words "to a member thereof or" shall be inserted amendment of eerion 194a 17 in section 230a of the income-tax act with effect from the 30 1st day of october, 1971,-amendment of ection 230a (a) in sub-section (1), -(i) the brackets and words "(other than agricultural land)" shall be omitted; 35 18 of 19~ 14 of 1963-7 of 1964 (ii) in clause (a), for the words and figures "and the gift-tax act 1958", the words, figures and brackets "the gift-tax act, 1958, the qlper profits tax act" 1963, and the companies (profits) surtax act, 1964" shall be substituted; (b) after sub-section (2), the following sub-sectlon shall be inserted, namely:-5 "(3) the provisions of sub-section (1) shall not apply in a case where the person referred to in that sub-section is any such institution, association or body, or belongs to any such class of institutions associations or bodies aa the board may for reasons to be recorded in writing, notify in this behalf in the official gazette " ii section 235 of the income-tax act shall be omitted with 10 effect from the 1st day of april" 1972 omislliod of seedod 2,,, 21 in the second schedule to the income-tax act, with effect from the 1st day of january 1972,-amerulmc of secodd schecl&le (ii) in rules 82 and 83, for the words ''tax recovery officer", the words "tax recovery commissioner, tax 15 recovery officer" shall be substituted; (b) in rule 88,-(i) for sub-rule (1), the following sub-rule shall be sub8tituted, namely:-20 n( 1) an appeal from any original order passed by the tax recovery officer under this schedule, not being an order which i8 conclusive shall lie -25 (a) in the case of a tax recovery officer, being a collector or an additional collector, to the revenue autbority to which appeals ordinarily lie against the orders of a collector under the law relating to land revenue of the state concerned: 30 (b) in the case of a tax recovery offtcer, being an officer referred to 1d sub-clause (ii) of clause (44) of section 2, to the revenue authority to which an appeal or an application for revision would ordinarily lie, if the order pasled by him were the order under the law relating to land revenue or other public demand for the time being 1d force in the state ooncemed; and 35 (e) in the case of a tax recovery officer being an omcer referred to in sub-clause (iii' of clause (44) of section 2, to the tax reoovel')' commissioner' ': (ii) after sub-rule (3) the following sub-rule shall be inserted, namcly:-"(4) notwithstanding anything contained in sub-rule (i), where a tax recovery commissioner is authorised to exercise powers as such in respect of any area, then, -5 (a) all appeals against the orders passed before the date of such authorisation by any tax recovery officer authorised to exercise powers as such in respect of that area or an area which is included in that area, shall lie to such tax recovery com-10 missioner; and (b) any proceeding by way of appeal against any orders refel'l'ed to in clause (a) pending on the date mentioned in that clause before an appellate authority referred to in clause (0) or clause (b) of sub-15 rule (1) shall stand transferred to such tax recovery commissioner for disposal "; (e) in rule 87, for the word "officer", the words "tax recovery commissioner, tax recovery officer or other officer" shall be substituted; 20 (d) in rule 92-(i) in sub-rule (1), for the words "tax recovery officers", the words ''tax recovery commissioners, tax recovery officers" shall be substituted; (ii) in sub-rule (2), in clause (a), for the words "tax 25 recovery officers", the words "tax recovery commissioners or tax recovery officers" shall be substituted •• in the sixth schedule to the income-tax act, with effect from the 1st day of april, 1972,-ameadmeot of siub schedule (ea) for the bracketsj words, figures and letters "[see sec-30 tiona 80b(7), 801 and 80)g", the following shall be substituted, namely:-"{jee sections 80b(7) and 80v'; (b) in item (2), the word "aluminium", shall be omitted: fe) item (10), (12), (14), (18) and (20) shall be omitted 35 chapter iv wealth-taxamendmene 01 section 27 of 1957 11 in section 4 of the wealth-tax act 1957 (hereinafter referred to as the wealth-tax act) with effect from the 1st day of 5 april 1972,-(a) in sub-section (1)-(i) in the proviso to clause (a) for the words figures and letters ''after the 31st day of march 1964", the words figures and letters ''after the 31st day of march, 1964 but before the 1st day of april 1972" shall be substituted: 10 (ii) in clause (b), for the words "member of an association of persons", the words and brackets ''member of an association of persons (not being a co-operative housing society)" shall be substituted; 15 (b) after sub-section (1), the following sub-section shall be insertedj namely=-"(la) where, in the case of an individual being a member of a hindu undivided family, any property having been the separate property of the individual has, at any 20 time after the 31st day of december, 1969j been converted by the individual into property belonging to the family through the act of impressing such separate property with the character of property belonging to the family or throwing it into the common stock of the family (such property 25 being hereinafter referred to as the converted property), then notwithstanding anything contained in any other provision of this act or in any other law for the time being in force for the purpose of computing the net wealth of the individual under thib act for any asbessment year commenc-30 ing on or after the 1st day of april, 1972,-(a) the individual shall be deemed to have tru8-ferred the converted property, through the family, to the members of the family for being held by them jointly; 35 (b) the converted property or any part thereof, in 80 far as it is attributable to the interest of the individual in the property of the family" shall be deemed to be assets belonging to the individual and not to the family; (c) any part of the converted property in so far as it is attributable to the interest of the spouse or any minor child of the individual in the property of the family and where there is a partition (partial or total) amongst the members of the family, the converted 5 property or any part thereof which is reoeived by the spouse or minor child on suoh partition shall be deemed to be assets transferred indireotly by the individual to the spouse or minor child and the provisions of subseetlon (1) shall, so far as may be, apply accordingly: 10 provided that the property referred to in clause (b) or clause (c) shall ,on being included in the net wealth of the individual, be excluded from the net wealth of the family or, as the case may be, the spouse or minor child of the individual "; 15 (c) after sub-seetlon (6) and before the explanation the following sub-section shall be inserted, namely:-"{7) where the assessee is a member of an as80clatlon of persons, being a co-operative housing society, and a building or part thereof is allotted or leased to him under 20 a house building scheme of the society the assessee shall, notwithstanding anything contained in this act or any other law for the time being in force, be deemed to be the owner of such building or part and the value of such building or part shall be included in computlng the net wealth of the 25 assessee; 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 assessee to the society towards the cost of such building or part and the land appurtenant thereto shall, whether the amount so payable is 30 described as such or in any other manner in such scheme, be deducted as a debt owed by him in relation to such building or part "; (ef) in the explanation -(i) in clause (cl), the word "and" occurring at the end 35 shall be omitted; (ii) after clause (b) the following clauses shall be inserted, namely:-i(e) the expression "property" includes any interest in property, movable or immovable, the proceeds 40 of sale thereof and any money or investment for the time being representing the proceeds of sale thereof and where &be property is converted into any other property by any me&bod, such other property; and 5 10 (d) the expressions "interest of the individual in &be property of the family" and "interest of the spouse or any minor child of the individual in the property of the family" mean, respectively, the proportion in which the individual or, as the case may be, the spouse or minor child would be entitled to share the property of the family if there bad been a total partition in the family as clil the valuation date of the funny relevant to the aas8ssment year for which the individual is to be assessed under sub-section (la) ' ii in section 5 of the wealth-tax act,-amendment of s~ction 5 (a) in sub-secuon (1), -15 (i) in clause (liiii), after the words "articles intended for the perllodal or household ule of the assessee", the words", but not including jewellery" shall be inserted, and shall be deemed to have been inserted, with effect from the 1st day of april, 1963; 20 (ii) in clause (viii) as so amended, the following provisos and elpj ations shall be inserted at the end with effect from the 1st day of april, 1972, namely:-25 'provided that the fumtture, utenshs or other articles are neither made wholly or partly of, nor contain (whether by way of embedding, covering or otherwise), gold, &fiver, platinum or any otqer preoloub metal or 8fty alloy containing one or more of suc::h prec:lous metals: '30 provided·furtw that nothing in this clause shall operate to exclude lrom the net wealth of the asbessee any conveyance or conveyances to the extent the value or the aggregate value thereof exceeds the awn of twenty-flve thousand rupees 35 etplgllation 1 -for the purposes of this clause and clause (xiii), "jewellery" includes -40 (a) ornamalts made of gold, suver, platimlld or any other precioua metal or any alloy containing one or more of such precioul metals, whether or not coata1njng any precious or semi-preclous stade, add whether or not worked or sewn into any w-ring apparel; (~) eclou or hmi-preeiou whether or dot let ill any ~ture llterln or adler aruele or worked or ii8w1l into _y w_ridg ajlllarel e"i •• tiol 2 -for the piil'i)mes of tlds cl "codveymaoe" iililllli idy motor car or odaer mechadl-5 cally propelled vehicle aircraft or boat;'; (ut) in elmae (ii) for the words figures letters "after the 31st day at march 19m" 1be word •• rtprea add letten "after the 311t day of karch 196 •• but before the ht day of jud •• 1111" shall be 8ilbatituted with eftect 18 from the lit day of april, 1172; oil' after ellwle (1ivii), the followidc elauel lhall be inserted with •• ct from the 1st day of april 11"12 lwdely:-"flrviii) 1id1 llhares held by the iillidy co-operatlve ioclety: 11 (iril) any ciepoelta with oo-operati" eeclety dot beac ta referred to ill ola (1m) or elaee (ur), made by a member of" eectety; (ur) , d-ta wi •• oo-aperat"' ,,"di lioolety mllde by - member of the aoc1etj to •••• bill or part tllereolis ailotw or 1 __ r a ~ buudlqlalaeme ofe 1ioei&ety wjen ~ _ mea made __ sc"""; (b) in"motiou (la) (3), jar" bracketa, savel word "(1m) aad (iimw', the br , apr won - "(sm) , (rm), (jjmu1- (irir)" wttil 8ect fro lilt clay of april 11'72 ia aeotlea 18 of tile -tax aat, eclt 1m lilt day of april 19t1,-ca) in c (i) of ect:l0ll (i), for cia (a) 38 add (b~ tile followilltr cla1lle1 sbm! be illlmutaw, 17:-'t( a) tbe aet wealtia a 1iiider i8ouoii ii al redaoetl by tile aaowat epeded in (ta), or (8) tiae net wealth ul8h8cl uddar eeatlca 1'1 wher - __ lim been mal_ uader tw aeotlca, 35 r ,-(1) wealth, 11 1ulj' prn10uly eeatlod 18 or eeatiam 17 or wldcbever 1 creater "i () fter lub-_cuod (1), jouowin, m-motioll iiiall _ 1n8erted, _mely:-5 "( la) 1he agudt referred to ill 8ub-cla (a) _ ule (8)(2) of alaue (i)f 8ub-_dod (1) mall be-(ii) iii tile cue of _cilvilied fuailj re 2, to m: (t) eof 6 m" 10 ii mctio 21 f , wealtll-tax ac iii (4), effect frca the 1 _ill april, 1'72,-() sa c () aad in tile prov180 tile wont ''in clue of ad bd11'icnal" 811&11 be mitted: 16 t', tile follawtdc espi lcioli -u be 1ill1ed at - eiy=--f ida bub-meuoil id uy _t imiac referred 10 to ill tile ~ aa1 re_red to ia (~,,) (ml (jlii~ (xliii) (iii ii) (~%ti~ (11111) (1iiiii), (ulliii) ad (nix) of ___ ouoa (1), at _ct1od -u _chided " iii 8ecu_ 12f die altia tax act i eq' i, fer 1& liie wonls -t recevery ofbeer lite tax recevery cimi_ rerred to ill die ia,e-lax act or lile ndesam 111 _ e4 tax leoovery offtcer die tax leeevery c "hier-, lite wen -tax recovery eo-i lite tax lecevery ofbeer rei to i liie l - ,e-tax act all lie _e •• d die ta 8eeevery c 11 liie tax recovery ofacer- teii &eii wttl effect r lite 1 my r j--y, 1972 •• in the schedule to the walth-tax act, with ej!'ect from the 181 day of april 1972 in part 1- (a) in paragraph a-5 (i) for items ( l) and (2), the following item lhall be substituted, namely:-| rile | of | leu ||------------|--------------|----------|| "(1) | | || in | | || the | case | of || individual | or | hindu || undivided | farnily- | || 10 | | || (a) | | || where | the | net || per | | || cent | of | || wealth | does | not || the | net | wealth; || exceed | rs | 5, || 15 | | || (b) | | || where | the | net || plus | | || wealth | exceeds | 2 || rs | 5,00,000 | but || the | amount | by || does | not | exceed || which | | || the | | || net | | || rs | 10,00,000 | || wealth | exceeds | || rs | 5, | 00, 000; || 20 | | || (c) | | || where | the | net || ri15,ooo | | || plus | | || wealth | exceeds | || 3 | per | oent || rslo, | 00, 000 | but || the | amount | by || does | not | exceed || which | the | net || rs | 15,00,000 | || wealth | exceeds | || rs | 10,00,000; | || 25 | | || (d) | | || where | the | net || plus | | || wealth | exoeeds | || s | per | cent || rs15, | 00, 000 | the || which | the | || net | | || wealth | | || exceeds | | || rs | 15, 00, 000: | || 30 | | |provided that for the purposes of this item,-(i) no wealth-tax shall be payable where the net wealth does not exceed the following limit, namely:-( a) rs 1,00, ooo,in the case of an indivtdual; 35 (b) rs2,oo,ooo,ln the case of a iuddu undlvided family (ii) the wealth-tax payable 8hall, in no cue, exceed 10 per cent of the amount by which the net wealth exceedb the limit specified in sub-clau8e (a) or, as the cue may be, sub-clause (b) of clause (i) of this proviso "; (ji) item (3) bball be re-numbered a8 item (2); (b) in paragraph b, for the word, brackets and ftpre "item (3)", wherever they occur, the word, brackets and figure ''item (2)" shall be subsututed chapter v10 011111 di rix:t taxes17 in the gift-tax act, 1958-(a) in section 2, in clause (rii), for the words and fipre "include8 the transfer of any property deemed to be a gift under secuon 4" the words and figure ''includes the transfer or con-15 version of any property referred to in 8eouon ", deemed to be a gift under that 8ection" 8hall be bub8utilted with effect from the 1st day of april, 1972; (b) secuon bhall, with effect from the let day of april 1972, be re-numberec:lu sub-secuon (1) thereof and after sub-20 aeotton (1) a8 so re-numbered the followtag sub-section 8hall be werted with effect from that day, namely:-"(2) where, in the case of an individual being a member of a hindu undivided family, any property having been the separate property of the individual has been converted by the 25 individual into property belonging to the family through the act of impre8sing such separate property with the character of property belonging to the family or throwing it into the common stock of the family (such property being hereafter in thi8 sub-section referred to as the converted property), 30 then, notwithstanding anything contained in any other provision of this act or any other law for the ume being in force for the purpose of computation of the taxable gifts made by the individual, the individual shall be deemed to have made a gift of 80 much of the converted property as 35 the members of the hindu undivided family other than such individual would be enutled to, if a partiuon of the converted property had taken place immediately after 8uch conversiclll "i (c) in section 5, in sub-sectl_ (l~ -(i) in clause (v), for the word and figures "sect1an ii", the word, figures and letter "aectlon 8og" shall be subati-_ted, &del _11 be deemed to have been aubsututed with ilfect from the let day of april, 1968; 43 of 196l 10 (ii) in claue (va), in ub-elaue (0, for" worda brackets ud flpr "m-aectica (6) of aecuoa ii of the jooolae-tax act, lh1", tjae won, bracjkms, ieuler &ad apr "clause (") of rb-aecuoil (2) of aecuoil 100 01 uae ldooe-tax act" iha1l be iubsutumd,at aball be de_eel to •• e beeil s - ututecl with effect fro the lit day of april, 1188; (d) ita imictioa 33, i etpl_ •• " ii, fer llae w"" - tax recovery officer d the tax recovery cellillllieaer referred ie i the incolae-tax act or tlte rales __ daereu4er 15 all be deemed to be iii tax recovery officer d tlte tax recovery co •• issioner" 'ttie words - tax recovery co •• isaoaer d the tax recovery officer referred to ia tjae laco_etax act shall be deemed ie ate die tax recevery ce_issieaer d die tax recovery officer- _all ate ltati wi iii effect 20 r die 1st "ay f j--y, 1972; "erpluauon 1- i'or the removal of doabts it i hereby declared that the exemptioll admlible udder 25 clause (e) in re1auon to ,uta made by an inet1bluoil or fund referred to in that clause bail not be denied merely an either or both of the following ground •• namely:-(i) that subsequent to the gift any part of the income of the institution or fudd bu become ebarp-30 able to tax due to non-oompl1anoe with any of the provisions of seetlon 11 of the jnoome-tax act; (ii) that, udder clause (c) of aub-secttoll (1) of section 13 of the inoome-tax act, the exemption udder aeouon 11 of that act is denied to tile inltitutioll or 35 f1iilciin relauon to any inooe ari_, to it from y lave_ant referred to in olaue (ii) of ot& {2j of hcuon 13 of the mid act _here tile -repte ef the funcia mveated by it m - ooacem referred to m the alcl clause (it) doe not exceed five per cent of the cllp1tal of tlaat coileern " •• ia the companies (profita) rtax act, 1964, -amendment 6 of at't 7 of """ (a) id sectior 1& for tile f1 ~res d brackets - 7t 44)", tile fi,res, brackets, letter d word - 2( 438) d (44)" slaall ite l!iiiimtituted witll effect fro the 1st day of january, 1972; (b) for the tb1rd schedule, the followmg schedule shall be nblltituted with effect from tile 1st day of april, 1972, namely:- "me third schedule10 ra" f surtuaartaz shall be cbarpd on the amo1lllt (hereinafter referred to •• the cllargeable 1uil0wl~ by whiob the chargeable profits 1& exceed iile amount of the tory deduction at the follor1nr rate, aamely:-(i) oil, lduc1l of tm ciaarpawe t emes ddt aoeed five pel' oeat of tm t of capatal aoaapitied 18 aecorda_ witll e &eool 8cmihile (ii) the oe if _y - ,&ie ailarpable , chaptd vi 26 i"dlikt tua__t of act '2 of 1934 •• tbe bjd1u tariff act 1934 (hereanafter referred to as tbe tariff act) iball be amended 10 the manner specified 10 the second scbedule in the central excises d salt act, 1944, in the first schedule,-(i) for item no ie, the following item _all be aabstituted, ii-ely:--ie glucose and dextrose and prep aha tions dlereof-(i) glucose in ~atever fonn including iitjlid glucose, dextrose ~ bydrate d anbycbus dextrose expressed as bydrous dextrose 8idoudt to more lb eighty per cent by weight (ii) after item nole, the follo~ng item shall be inserted, nanely:-(iii) in item no6, for the entry in the third colwiii, the aatry -nine hundred d twenty rupees per kilolitre at gheen degrees of centirf1lde thermometer" shall be substituted; (iv) for item nolla, the followillg item shall be substitutetl, n ely:-ii lla all products derived from reflning uf crude petroleum or 31ale (,"etiier gaseous liquid, sdii-solid or soud in fl)rm) not ' o11jeriise speofled incluiing beflnery gases lubrlcal1ng oil and greases 'axes and mkf-5 (1) mineral turpeatine oil tweaty per ceat ad va!oran pl s oiie baadred rupees per metric iodne 10 (2) litje8 eel petrol eum gas two iumdred d 8 fty rupees per metric toone (3) others twenty per cent ad ligior "; (v) after han no 1104 as so aaended, the following hans shall be inserted, n ely:-15 'lib wmpounded lubmcal1ng twenty per cent oils and greases, 11iat is to say, ad velloran lubiicating (lls and greases obtained by oompoonding of mi-neral oils jlni any 011ler ingrements 20 expltlumon- the -expression "mineral oil" bas the meming assigned 10 it in expl4llation i to item no6 25 hc caloned petroleum twenty per cent coke ad valoran'; (vi) for item no 14m, the following item sball be iiiiibstilllted aaely:-- 14m oidt1cals, tile roll01£ ten per cent lng, nmtel y:-ad vgloran-; 30 (1) calch_ carbide (2) bleacjudg paste d hi euching powder (3) sodium hydrosulphite (4) diebonate of soda (5) didarcaates of potassium or sodium (6) liydrogeo peroxide (7) potusha permaagaaate (vii) for it no 14f, the following item iball be substituted, namely:-10 '14f oo~ncs and wllet preparations not containing alcohol or opium, indi an hemp, or omer narconc drugs or n4rcotics, nmtl'ly:-15 20 (i) preparations for the care of dae sldll including beauty creams, vbili shing cre_s, ('old creams, makeup creams, cleansing cre_s, skin foods and todics, face powders, baby powders, toilet powders, talcum powders d lipsticks (ii) prep atioas for the care of the hair-(a) halr lotions, creams d pomades (b) perfumed halr oils (,) sliapoos ~ether or not contniningsoap (~r detergent 5 16 of 1955 ezpicllation-· alcohol", - opium", -iadi hemp·, -aarcotic drugs" d -narcolics" have the meunp, reapec- tively,88sif'led to them in sectioll 20f the medicinal d toilet preparatiolls (excise baties) act, 1955 (viii) in h no 15 for the entry io ihelbird 001_ apialll !ub-i teal 1(2), die entry - twel ve d a hal f per ceal ad lnilor •• " !hall be substituted; 10 (ix) for hem no 15a, , the foilo~ag item !hau be 8ilbalituted, n"""y:- '15a artiflual or synntetic resins and plastic mateiuals and arnaes niereof-15 'illbty , oeal tulwiorta (1) arti6cial or syadaetic resias d pi_tic materials ia y ron ~elher eolid, utpid or pasty, or as powder, w-ales or oakes, or ia ihe form of mouidiag powders, the following aaaely:-20 (i) qmdensalioa, polyoqllldensatioll d pol y-tdi lion products 25 ~ether or 001 modified or polymerised, includiag phenoplasts, aadn~ plbsts, alkyds polyades, polyu~ ih_e, polyallyl esters d other un!l8lurated pol yesters; 30 (ii) polymerisation 11 copoiymerisatloo products iacludi, polyethylene d polytetl'8llf,~ loethylene, polyisolutyltlle, polyslynlle, polyviayl cbioride polyviayl acetble, polyviayl qdomace&llte"" other polyviayl derivatives, polyacrylic and polymethacrylic dert \'sliws and coumarone-indeae resins; and 5 (iii) cellulose acetate (including di- or lriacetale), cellulose acetate butyrate and cellulose propionate, cellulose acetate-propionate, ethyl cellulose and benzyl cellulose, \\bether plasticised or 10 no~ md plasucised cellulose nitrate thirty per cent ad valorem 15 (2) articles made of plastics, all sorts, including tubes, rods, sheets, foils, slicks, other rectan~ibl' or ~ file shes, \\bether laninated or nolo and \\bether rip,id or oexiwe, including layoal tubings and polyvinyl chloride sheets, not otherwise speci6ed (3) polyuredulle foan forty per cent ad valorem 20 (4) articles made of polyuredulle foillll forty per cent ad valorem '; expiliultion- for the purpose of sub-item (2), ·plastics" means the various artiociai or synthetic resins or plastic material included in sub-item 25 (i) (x) in hem no16t\ for the entries in the third columa brbin8t alb-items (1) and (2), the entries - forty per cent ad valorem· and -twenty-five per cent ad valor" _all, reapectiwlly, be substituted; 30 (ii) after item no 228, the following items shall be inserted, namely:-- 22c unoleum mat is to twenty per ceat say, covemng material prepared ad valorem m a base of paper or paper board (inq,udlng felt paper or fel t paper ooard) or textile fabrics, by impregnation or 5 ooating \\1m a unoleum cement| 22d | artilles | of | ready-to- | tea ||---------------|-------------|------------|-------------|--------|| per | | | | || ceot | | | | || wear | apparel | (known | oommer- | || ad | valor | | | || cally | as | ready-made | garments), | || including | under | garments | and | || 10 | | | | || oody-~ppornng | | | | || garments | lilt | | | || excluiing | articles | of | hosiery, | || in | or | in | relation | || to | | | | || me | manu- | | | || fac1ure | of | | | || \uoi | | | | || any | process | is | | || oriinarily | carried | on | 11m | me || 15 | | | | || aid | of | power | | || 22e | | | | || 1ypewriter | and | smilar | ten | || per | | | | || cent | | | | || ribbons, | werner | or | not | on || ad | | | | || valorem | "; | | | || spools | | | | |(xii) in item no 23a, (or the eatries in the third colum 20 apnst sumtems (1) iiiid (4), the eatries "fifteen per cent ad valorem" iiiid "twenty per cent ad valorem" shall, respectively, be substituted; (xiii) io item no 238, for the entry io the third coludii brbinst each of the su~items (1) iiiid (4), the mtry "twenty 25 per cent ad valorem" shall be substituted: (nv) after hem no23c, the following item shall be inserted nanely:-| | | | | - | 23d ||------------|--------------|----|------------|------|--------|| mosaic | tiles | in | or | in | ten || per | | | | | || ceot | | | | | || relation | | | | | || to | | | | | || me | manufactijre | of | | | || ad | | | | | || valorem'; | | | | | || 30 | | | | | || \\tuai | | | | | || any | process | is | ordinarily | | || carried | | | | | || on | 11m | me | aid | of | power |explcl'lotioll - for the purposes of this item, mosaic tiles" means tiles known collluerciaily as mosaic tiles (xv) in item no 27, after sub-item (e), the following 8iibitem shall be inserted, nlldely:-, (f) containers made of aluminium twenty-bve per ceot ad valorem '; 5 explanation-" cootai ners· means containers ordinaily intended for packaging of goods for sale, including casks, dnans, ems, boxes, gas cylinders iild pressure containers, ~ether in 10 assembled or unassembled condition, and containers known commercially as obltened or folded containers (xvi) after item no 3oa, the following item shall be inserted, namely:-15 ii 308 motor 8t ahters ten per cent ad valorem "; (xvii) in hem no3', for the entries in the third collum against su~items (1), (2), (3) and (4), the entrieslctwenty per cent ad valorem ", "thirty per cent ad valorem" , ten per cent ad valorem-20 and "twenty-live per cent ad valorem" shall respectively, be substi luted; (xviii) for hem no33, die following item shall be substituted, namely:-| - | 33 | electric | fans, | all | sorts- ||---------------|---------------------|----------------|--------------|--------|-----------|| 25 | | | | | || sx | | | | | || per | | | | | || cent | | | | | || ad | valor | | | | || an | | | | | || (i) | | | | | || table, cabin, | | | | | || carriage, | | | | | || pedestal | iild | air circulator | fans, | of a | || diameter | | | | | || not | exceeding | 406 | centimetres | | || 30 | | | | | || (2) | | | | | || those | desirded | for | use in | | || iii | | | | | || ten | | | | | || per | | | | | || cent | | | | | || industrial | | | | | || system | | | | | || as | parts indispensable | | | | || ad | | | | | || valorem | | | | | || for | its | operation | and | have | been || that | | | | | || jmlrpose | some | | | | || apecial | | | | | || shape | or | | | | || quality | | | | | || which | | | | | || would | not | | | | || be | | | | | || essential | | | | | || for | iheir use | for | any | oeber | jmlrpose || (3) ||------------|| t || per cent || ad || valorem·; |(iii) after item no33d the following item all be inserted namely:-5 ten per cent ad valorem'; '33e elecmon supply meters-"electricity supply meters" __ s meters for measuring aod reo 8istering the amount of electricity 10 consumed in iiiipere hours or multiples thereo~ or the iwount of electric ergy consumed inwau hours or multiples ihereof (a) after item no 34, die following items shall be inserted, 15 naaejy:-'34a parts and accessories ten per cent of mornr veld cles, not orner-ad valorem jlse spec fled 20 eipicllation-the expression -motor vehicl etl' bas the meaoing assi-ed 10 it in item no3-1 348 works trucks, me(]iani-ten per cent cally propelled, used fur 5ii08t ad valorem • ; (jist anee transport or handling of oooos tile fullomng, namely:-25 (1) forklift tnicks (2) platform tnacks (xii) after item no37a the following items shall be inserted, aaaely:-30 "378 cnemaidgraph projecid8s twentyp« cent ad vmorem 37c photograpldc cameras twenty per cent ad valorem if; (xdi) ia each of the items nos 41 d 4~ for abe <ry fa abe third colwiiii, the eatry - two paise each· shall be subsli tuted; (liiii) hem no 44 shall be omitted; (xxiv) for item no 46, ,the following hem shall be 5 substituted, aamely:-| - | 46 ||----------------|-----------|| tea | || per | || coot | || elsewhere | speofled || ad | || valorem | '; || explcllation- | the || expressioa | || n | || coataiaers· | || has | || the meania,; | || assil'led | || 10 | || to | || it | || fa the | || explcllation | || to | || hem | no || 27 | |(xxv) after hem no 48 abe following items shall be inserted, nluely:-ten per cent ad valorem 15 - 49 rolling bealungs, mat is to say, ball or roller bear-ings all slrts ten per cent ad valorem so welding electrodes, all slrts 51 ooated abrasves and ten per cent grlndng iheels in or in relation ad valorem 20 to tile manufacnjre of mol any process is ordinarily carried on mm 1lie aid of power, me fulwmng, namel y:-25 (1) natural or artificial abrasive powder or grain on a base of woven fabri c, of paper, of paper board or of other materials, whether or not cut to shape or sewn or otherwise made up 30 (2) grinding wheels d the like (includiag griading, sharpening, polishiag, trueing bod cutting wheels, beads, discs bod points), of natural stone | | (anloaaeratecior | iiot), | of",omerated ||------------------------------------------|-----------------------------|---------------|------------------|| alllw'ai | or | ubciai | abrasives, or of || pottery, | | | || with | or without cores, abdks | | || sockets, axles | | | || d | | | || ibe like | of | olber | || 5 | | | || blaterials | lut | iiot | || idoiiiite | | | || d | | | || on | | | || rre | | | || works; | segpm!llts | | || d | | | || olber finished | | | || parts | | | || of | | | || fiuch | | | || wheels | of | aatural stone | || (agglomerated or aot) of aglomerated | | | || aatural or | | | || uficial | | | || abrasi | | | || ves, or of | | | || 10 | | | || pouery | | | || eiplcllation-the expression | | | || ·rdadiagwheels | | | || d | | | || ibe like" | | | || d | | | || | eats | | || d | | | || olber 6nished parts of | | | || such wheels" shall | | | || me811 | | | || 1b088 | | | || used | | | || on | | | || 15 | | | || muiae | tools, electro-mecbucal or | | || | eumblic | b | || d | | | || tools, | | | || for | | | || the trillllling | | | || polishidg | | | || sharpeaiag, trueing or cutting | | | || of | | | || etsls, | slooe, | stass, | plastics, || cera- | | | || mics, | | | || mbber, | | | || leather, mother of pearl, | | | || 20 | | | || ivory | | | || d | | | || ibe like | | | || 52 | dolts | and | nuts, || ten | | | || per | | | || ceo t | | | || or | tapped | and | screws || ad | | | || valor | | | || metal | or | alloys | mereof || relation | to | tile | manufacture || 25 | | | || \\hiqi | | | || any | process | is | oriinarily || carried | on | 11111 | me || expi4llalion- | | | || the expression - | bol | ts | || | d | | || auts, threaded or | | | || tapped | | | || ajd screws· | | | || used in this | | | || item | | | || shall include bolt-ends, | | | || 30 | | | || screw studs, screw studding, self-tapped | | | || screws, screw books and screw rings | | | | 53 7jp or ~de fasteners and parts tilereof-| (1) ||------------------|| slide fasteners || twenty || per || ceot || 35 || ad || valortjii |(2) parts of 14p or slide twenty-ow f per cent ad "alorern 54 pres'ijre oookers-twenty per ceut ad v~orern 5 "p~ cookers"meaas enclosed cooidlll vesmls fer use mth extental beal source capable of maintaining woiidag pressure, lmom co_eralally _ premlre cookers 10 5$ vaajum fla'i\s and 011ler vaal1m vessels and parts 1hereof-| (1) | vtuuuil | dasks | | d | other ||------------|------------|------------|----------|---------|----------|| flfteea | | | | | || v8cuuiii | | | | | || vessel | | | | | || s | | | | | || per | | | | | || ceot | | | | | || 15 | | | | | || ad | | | | | || valorem | | | | | || (2) | | | | | || parts | of | vacuum | dasks | d | twenty || other | | | | | || viqiwd | | | | | || vessel | | | | | || s | | | | | || per | | | | | || cent | | | | | || ad | | | | | || valorem | | | | | || 56 | playing | cards | | | || twenty | | | | | || 20 | | | | | || per | cent | | | | || ad | | | | | || valorem | | | | | || 57 | campfi)r | | | | || ten | | | | | || per | | | | | || ceo | | | | | || l | | | | | || ad | | | | | || vcdorem | | | | | || 58menntol | | | | | || ten | | | | | || per | | | | | || cent | | | | | || 25 | | | | | || ad | | | | | || valoran | | | | | || 59 | electric | insilating | tapes, | | || ten | per | cent | | | || in | or | in | relation | | || 11) | | | | | || me | | | | | || manu- | | | | | || m | | | | | || palorern | | | | | || facrjre | of | mlloi | any | process | is || orilnarily | cariied | on | | | || 11m | | | | | || me | | | | | || 30 | | | | | || aid | of | power | | | |5 60 aiiiesve tapes all slrts tea, cal not elseihere spec fled, inclljd ad valorelll' ing cellulose aiiiesve tapes and p aperbacked a11iesve tapes, in or in relation to nie manuf ac1tjre of raj any process is oriinarily carlued on 11m 1he aid of poi'er tl in the first schedule to the additional duties of exelae (goods of special importanoe) act, 1957-ala ch au of act, of j957 10 (i) in item no4, under -fl m "f",w,ed tdbacco--,for the entry in the third column against lub-item (2) the entry "seventy-flve per cent g,(valorem " sball be substituted; (ii) in item no 19, for sub-item 1(2), the following aubitem shall be substituted, namely:-"(2) others-15 (a) cotton fabrics superfine 25 paise per square metre (b) cotton fabri cs, fine 15 paise per square metre 20 (c) cotton fabrios medium-a 8 paise per square metre (a) cotton fabrios medium-b 8 paise per square metre (t) cotton fabrics coarse paise per squre metre 25 m cotton fabrics not otherwise specified 25 paj per llquare metre " amendmeat of act '17 of 1958 u in section 3 of the mineral products (additional dutie of excise and customs) act, 1958 in iub-section (1), in the table for 30 the entry in the second column againat item 3 the entry "five hundred rupees per kuolitre at fifteen degrees of centigrade thermometer " hall be subetituteci chapter vii foileign travel taxextent and u (1) the provisions of this chapter extedd to the whole of c:ommeacement iddia except the state of jammu add kashmir (2) they shall come into force on such date as the central 5 government may, by notification in the official gazette, appoint n in this chapter, unless the context otherwise requires,-i>efidi tiadi 22 of 1934 (q) "aircraft" means any aircraft as defined in section 2 of the aircraft act, 1934, which is used (whether exclusively or not) for the carriage of passengers; 10 (b) "carrier" means the person or authority undertaking the carriage of a passenger on an international journey and includes any agent, representative or other person acting on behalf of such person or authority; (c) "customs port" and "customs airport" mean, res-15 pectively, a port or airport appointed as such under clause (a) of section 7 of the customs act, 1962; 52 of 1962 (d) ''fare'' means the total amount of all charges of whatever nature (including charges, if any, for provision of food or accommodation) payable to the carrier by or on behalf of a 20 passenger in respect of his international journey; (t) "international journey", in relation to a passenger, means-(i) his journey from the last customs port or customs airport of departure ex the ship or aircraft in the terri-25 tortes to which this chapter extends to a place outside india, and includes further journeys by such passedger outside idd1a by the same or different carriers; (ii) his journey from a place outside india to the first customs port or customs airport of arrival of the ship or 30 aircraft in the said territories, irrespective of whether the journey commences or terminates at such customs port or customs airport; (f) ''passenger'' means any person travelling on board a ship or an aircraft 011 aa international journey except-35 (i) a personemploytsdor engaged in any capacity on board the ship or aircraft on the business thereof; 5 (it) a person on board the ship or aircraft 'either in pursuance of obligations laid upon the master, captain or other person in charge of the ship or aircraft to carry shipwrecked or distressed or other persons or by reason of any circumstances which neither the master or captain or other person in charge of the ship or aircraft nor the charterer, if any, could have prevented or forestalled; (b) "ship" means a ship used (whether exclusively or not) for the carriage of passengers 10 (1) with effect from the date of commencement of this chapter, there shall be levied and paid to the central government in respect of every international joumey by a passenger, where the fare for such journey is paid or is payable in indian currency, a tax (hereafter in this chapter referred to as the foreign travel tax) at 15 the rate of twenty per cent of the fare paid or payable by such passenger for such journey ejplanation -when a passenger performs an international journey at a conoessional rate or without being charged any fare, the fare ordinarily payable for the journey shall, for the purpobtts 20 c:i this section, be deemed to be the fare payable by such passenger (2) in accordance with rules made under this chapter, the foreign travel tax shall be collected by the carriers undertak1dg the carriage of the passe diers as an addition to the fares payable by such passengers and shall be paid to the central government 25 •• notwlthstandidl anything contained in this chapter the central government may,-(a) by notification in the official gazette, and subject to such conditions and limitations as may be specified therein, exempt, wholly or to such extent as may be specified in the 30 notiflcation, any class or classes of pa8sengers or any category or categories of passeugers udder any such class from the payment of foreign travel tax if that government i8 satisfied that it is necessary so to do in the pubuc interest; peaaby (b) by order in writliw, and subject to such conditions and 35 umltations as may be specified therein, exempt, wholly or to such extent a8 may be specified in the order, any passe iller from the payment of the said tax if that government 18 satisfied, for reasons to be recorded in the order, that it is necessary or expedient so to do, having regard to the special circwdstajloes 40 of his case and the purpose ()f his journey '1 any carriei' contravening the provisions of sub-section (2) of section 45 and any person committing a breach of any rule or regulation made under this chapter shall be liable to a penalty not exceeding five thousand rupees and such penalty may be adjudjed by such authority am in noh manner as may be specified in the 1'\lles made under this chapter | plotecuod | of ||---------------------------------------------|-----------------------------------------|| action | rllk_ || in | fod || faith | || •• | no || suit | or || aldst | || the | 6 || central government | || and | || no | suit, prosecution || ing | || shall lie | || of | || that government | for || anything | || in | || good faith done | or || to | || be done in | purlu&doe || this chapter | || or | the || power | || to | || mllke | des || ••• | (1) || the central government may, by notification | in || 10 | || official gazette, make | rules || chapter | || (2) | || in | || particular, | and without prejudice to the generality || of the foregoing power, such | || rules | may provide || (a) | || tbe | assessment || 15 | || tax | including || the | autborities || by | || whom | adjudication || functions | under || of | notices || which | || such | || tax | shall || 20 | || tax | due || to | || the central gove mmeat in | tbe || an | arrear || procedure for claiming refund | || of | any amount || chapter; | || (b) | || the | powers || of | || authorities | referred || in | || clause | || (a) | || 35 | || to | enter, || any | || premiaes | || of a | oarrier || and | || to | || examine any ticketb, books of account, | re- || turns | or || any | || duty imposed on any suoh authority by | or || provided that the | || provillod8 | of the code of criminal || cedure, | || 1898 | || relati | || to | || searches | || shall | || so | far || they | || are | appll- || 5 | || of | || 1898 | || cable, apply | in || clause; | || (c) | || the procedure for adjudication of penalty; | |(d) appeal and revision in the case of any order made under 35 this chapter, the madder in which and the time within which appeal may be preferred or application for revision may be made and the fees payable therefor; (e) any other maiter which 1s to be or may be, provided for by rules umer this chapter •• (1) the central board of exciae add custom constituted 54 of 1963 wider eotlon 3 of the cedtral boards of a_e act, 1183, may, by dotuicatloa in the ooloial gazette, make rep1auodii consistent with tills chapter and the rule made thereudder, lederally to carry 5 out the purpoae of thla chapter (2) iii partloular, add wubout prejudice to the paerauty of the for8loidi power 811gb reaulauons may provide for-(ii) the returns add other partioulars add idformation wblab oarriers shall furnish, the authorities to whom, add the in-10 tervals at whioh, such returdl, particulars add information shall be furnished; (6) supplemental matter ariside out of any rule mlde by the cedtral government udder this chapter 15 | rule ||---------------|| notificatiod8 || co || be || laid || before || pdieenc |20 ii every rule made udder this chapter add every notlfioau ld issued udder sectiod 48 &hall be la1d as bood as may be after it ia made or i88ued before each house of parliamedt while it ia in aalod for a total period of thirty daya wbloh may be oomprised in ode i8ssiod or in two iucce8sive sesslom, and if, before the expiry of the se811ion in whioh it il 80 laid or the sellion immediately followldg, both houses qree in makidi any modifloation in the rule or notification or both housel acrae that the rule ihould dot be mllde or the notification should not be issued, the rule or notification llhall thereafter have effect only ill luch modified form or be of do effect, as the cas may be; so, however, that any uoh moduloation or annulld8llt lha1l be wullom prejudice to the validity of anythlnl previoully done udder that rule or notification cbaftd vmameaeot 01 act 6 of 1898 51 iii the first sohedule to the indian post 0ff10e aot, 1898, 30 for the sub-headl pgluls" add the entries thereudder, th8 followidi shall be eubsututed, namely:-upreels ode rupee for a weilbt not exceedidc four hundred li'aml ode njp8e" for wery four huadred li'aml, or fraction thereof, exceedl four hwldred &rams am eo en , of act 47 of 1961 53, id the deposit idburance corporation aot, 1981, in lectiod 30, for the words "nine llccoudtidg years", the words ''fourteen accountldc years" shall be substituted houbin, and urban development finance cdrporation private ltd to be exempt for a cereain period from ii abili ty to pay incom~tax and aunax 14 notwithstanding anything contained in the income-tax act or the companies (profits) surtax act, 1964, the housing am urban 7 of 1964-development finance corporation private ltd (a government company as defined in section 617 of the companies act, 1956) 1 of 19~ shall not be liable to pay any tax under either of the two acts first 5 mentioned, on its income, profits or gains for the previbus year relevant to the assessment year commencing on the 1st day of april 1971 and for the nine previous years next following that previous year repeal ii section 2 of the finance act 1971i8 herehy repealed and 10 shall be deemed never to have been enacted 14 of 1971 declaration wader the provisional collection of taxts act,1931it is hereby declared that it is expedient in the public interest that the provisions of clauses 39,40,41 and 42 of this bill shall have immediate effect umer the provisional collection of taxes act, 1931 15 16 of 1931 part i income-tall alfd suiciiaiczs on ncome-tax 5 parqraph ain the case of every lddlvldual or b1adu uddlvlded family or ud-registered firm or other soclatlcll of pel'8oll8 or ~ of bubvidi1als whe1ber 1dcorporated or not or every artificial juridical perscll referred to in aub-olauae (ljii) of c18118e (31) of seotiod2 of 10 the ldcome-tax act dot beldg a cue to which 81q oller pancrllllh of this part applies -rates 0 f incolii e' tell' (1) where the 1lotal1ncome does dot exoeed rb 6, 000 nil; 15 (2) where the total idcome exceeds re 6 000 but doea dot exceed rbi0 000 10 per oct of the amcuat by which the total idacime exceeds ra5, 000; (3) where the total idcome exceeds ral0 000 but does not exceed &15000 20 be500 pills 17 per ceut of the amoudt by wh1ch the total1dcome exceeds &10,000; (4) where the tidtal1ncome exceeds rels, ,000 but does dot exoeed &20000 &1,360 plus 23 per o8ilt of the amount by which tbe tota11ncome exceeds rs16,ooo; 26 (6) where the totalldcome exceeds ra20, 000 but does dot exceed ra 25 000 &2600 plus 30 per cent 01 the amoudt by which the total fdcome exceeds rs20000; 30 (8) where the total1ncome exceeds ra25, 000 but does dot exceed ra 30 000 ra 4000 plus 40 per calt of the amount by which the total income exceeds rs26000; 35 ft) where the total1ncome exoeods ra30 000 but does not exceed ra4o 000 ra8,ooo pills 60 per caat of the amount by which iae tota11ncame exceeds &30000; (8) where the fotaltncome exceeds rs40 000 but does not exoeed ra 60,000 rs1l000 plus 80 per cent of the amount by which the total income exceeds rs40, 000; 5 (9) where the total inc:-ome exceeds rs80 000 but does not exceed ra 80, 000 re 23 000 plus 70 per cent 0{ the amount by wblch the total income exceeds rs60,oooi 10 (10) where the total idcome ex0eed8 rs 80 000 but does not exceed ra 1 00 000 re 37,000 plus 75 per cent of the amount by which the total income exceeds rsso,oooi (11) where the total idcome re 52, 000 plus 80 per cent exceeds ra 1 00, 000 but does not of the amount by which the exceed re2 00000 total income exceeds 15 re1 00 000; (12) where the total income exceeds rs2,oo,ooo ra i, 32, 000 plus 85 per cent of the amount by which the total income exceeds ra2,oo,ooo: 20 provided that for the purpoeee of this paragraph, in the case of a hindu undivided famdy which at any ume during the previous year aat1afles either of the followidg two codditions, name1y:-(ii) that it has at least two members entitled to claim partitioll who are not less thiiil eighteen years of age, or 25 (b) that it has at least two members entitled to claim partltioll who are not lineally descended qq8 from the other add who are not lineally descended from ad,y other itvldg member of the famdy,-(i) do inoome-tax shall be payable oil a total income not 30 exceed1dg be 7, oooi (ii) where the total income exceeds ra 7, 000 but does not exceed re 7,810, the idcome-tax paphle thereon shall not exceed forty per cent of the amount by which the total income uoeed8 ra 7, 000 35 sia,chgtae on incollle-lalthe amoudt of1dcome-tu computed in accordance with the preceding provisions of thta paragraph shall be 1dcreased by a surcharge for purposes of the union calculatled at the rate of teo per ~of~~~~ ~ prqr"h bin the cue of every co-operative society-rales of irkoiii~tcii 5 (1) where the total income does not exceed ral0 000 15 per cent of the total income; (2) where the total income exceeds ra10 000 but does not exceed re20000 re 1 500 plus 25 per cent of tile amount by which the totalldcome exceeds re10, 000: 10 (3) where the total income exceeds ra20, 000 re 4000 plus 40 per cent of the amount by which the total income exceeds rejo,ooo surchar"e "" itlcfllle-lax15 the amount of idcome-tax computed at the rate hereinbefore specified shall be increased by a 8urcbal'l(e for purposes of the union calculated at the rate of ted per cent of iiuch idcome-tax paragraph cin the cue of every registered firm, -rates of incollle-leu 20 nil; (1) where the totalinoome doe8 not aceed re10, 000 4 per oea& of the amount by whjch the toul1ncome ex- ceeds rs 10,000: 25 (2) _ere the total income exceeds a 10 000 but does not exceed re25 000 (3) where the total income exceeds ra25, 000 but does not besoo plus s per cent of the amount by which the total income exceeds be 26,000; ~xceed ra 50000 (4) where the total income 30 be2 100 plus 12 per cent of the amount by which the total income exceeds re50000; excee~8 re50, 000 but does not exceed "u 1 00 000 (5) where the total income exceeds rei,do,ooo re 8 100 plus 20 per cent 0( the amoudt by whicja abe tdtal _ome exceeda ral,oo,ooo ~,chtqes on incolllt-taltbe amoudt of income-tax computed at the rate hereinbefore apectfied llball be idcreased by the aggregate of surcharges for purpoeea of the union calculated as specifted hereunder:--(a) in the case of a registered firm whose total income in-5 eludes ldcome derived from a profession carried oil by it and the income 80 included is dot less than flfty-oae per cent of such total ldcome, a surcharge calculated at the rrdle of ten per cent of the amount of lncome-tax computed at the rrdle hereinbefore spectfted; 10 (b) in 1be cue of lilly other 1'8i1stlered firm, a surcharge calculated at tbe rue of twenty per cent of the amount of income-tim compatbd at the rate hereinbefore spectf:led; and (c) a special surcluup calculaied at the rate of ten per oeat oil tile lllreg- of the fouowldb amoudts, namely:-15 (0 the amoudt of income-tax computed at the rate bere1dbefol'8 specified; add (u) tbe udoudt of the 8urcharp oalculrdled ill accordance with cl_e (ii), or, as ile case mar be, cl81l8e (b) of til a\lb-pal'lwraph 20 explacioll-por the puopo" of this paragraph, "reptered firm" ldaludee iii unrectsterec1 firm asses8eel as a rectaterecl firm udder clause (b) of secuoill83 of the inoome-tu aat p g,,h d 26 iii the eme of ,ry local authorlty,-rate of incollt-llll ql the wbo1e of the total income 50 per cat sii,cha'ae on income-lgi 1be amoudt of idcome-tax computed at the rate bere1nbefore 30 1fied iiiwl be 1dcreased by a 8urcharp for purpoees of the uidoa calculued at the rate of ten per cent of such income-tax p arasraplt e31 df 1956 in the case of the life insurance corporation of india estab-ubhed under the life insurance corporation act 1956-rates of income-tar 525 per oent; 5 (i) od that part of its total income which consists of profits add galna from life insurance business (ii) od the balance u any, of the total income 10 15 the rate of income-tax applioable in accordanoe with paragraph f of this part to the total income of a domestic company which is a oompany in whioh the public are substantially interested p arasraplt fin the case of a company, other than the life insurance corporation of lddfa estabushed under the ufe insurance corporation act, 31 of 1956 20 1956,-rates of income-tar 1 in the case of a domestic compuy-(1) where the company is a company in which the pub11c are 25 substantially interested, -(i) in a case where 45 per oent of the total the total1dcome does dot income; exceed &50,000 (ii) in a case where 66 per cent of the total 30 the total income exceeds income; ra50,000 01> wbe~ the company is dot a company in which the puhlic are substantially inte rested, -| | | | (i) ||------------|----------|------|--------|| in | the | case | of || an | | | || industrial | company- | | || 5 | | | || (a) | | | || on | | | || so | | | || much | 55 | | || per | cent; | | || of | | | || the | | | || total | | | || income | | | || as | does | not | exceed || re10, | 00, 000 | | || (b) | | | || on the | ba- | | || lanoe, | if | any, | of || 60 | | | || per | cent | ; | || total | | | || income | | | || 10 | | | || (ii) | | | || in any | other | case | || 65 | | | || per | oent | of | the || total | income: | | |provided that the income-tax payable by a domestic company, being a company in which the public are substantially intelwlted, the total income of which exceeds re 50, 000, shall not exceed the 15 aggregate of-(a) the income-tax which would have been payable by the company if its total income had been rs 50, 000 (the income of rs 50, 000 for this purpose being computed as if such income included income from various sources in the same pro-20 portion as the total income of the company); and (b) eighty per cent of the amount by which its total income exceeds rs 50, 000 if in the case of a company other than a domestic company-25 (0 on 80 mucb of the total inoome as collsists of-30 (11) royalties received from an indian concern in pursuance of an agreement made by it with the indian concern after the 31st day of march, 1961 or 35 (b) fees {or rendering technical services received {rom an indian concern in pursuance of an agreement made by it with the jndian concern after the 29th day af february )864, 50 per oent ; and where such agreement has in either case been approved by the central government 70 per cent (ii) on the balancei! ~ of the total income 5 part ii rates for deduction >f tcl1' at source in certain casesin every case in which under the provisions of sections 193, 194 194a and 195 of the lacome-tax act, tax is to be deducted at the rates 10 in force deduction shall be made from the income subject to deduction at the following r s:-ldcome-tax rate of rate of income-tax surchluj'8 15 1 in the case of a person other than acompaay-(a) where the person is 1"8s1dent-20 10 per cent nil (i) 011 1dcome by way of interest other than ''interest on securities" 20 per cent 3 per cent (ii) on any other income (excjudidg interest payable on a tax free securi~) 25 (b) where the penon is not resident in india-(i) on the whole income (excludidg interest payable on a tax free secur1~) 30 36 income-tax at 30 per cent and surcharge at 45 per cent of the amount of the income or income-tax and surcharge on income-tax in respect of the tncome at the rates prescribed in paragraph a of part m | of | this | schedule, ||----------------------|----------|--------------|| such | income | || had | | || been | | || the | | || total income, | | || whichever is higher; | | || 5 | | || (u) | | || on | | || the income | | || by | | || way | | || of | interest | payable || on | | || a tax | | || free | security | || 15 | per | cent || 225 | | || per | cent | | 2 in 1he case of a company-(a) where the company is a domestic company-10 20 per cent nil (i) on income by way of interest other than "interest on securities" (ii) on any other income (excluding interest payable on a tax 15 free security) 22 per cent nil (b) where the company is not a domestic company-20 245 per cent nil (0 on 1he income by way of dividends payable by any domestic company 25 (ii) on the income by way of royalties payable by an indian concern in pursuance of an agreement made by it with the jndian concern after the 31st day of march,1961, 1li'd which has been approved by the central government 50 per cent nil (iii) on the income by way of 30 fees payable by an indian codcern for redderidg technical services in pursuance of an agreement mad6 by it wi1h the iddian conc8n after the 29th day of february, 1964, 35 and which has been approved by the central government 50 per cent nil (iv) oil tile 1dcome bj w, 01 idtereat p,able on a tax free security44 per c8ll~ nil '10 per c_to nil (ii) oil adj oller idcmne 5 part iiiraces for ,alaalii or ,laar,pka illcqle-tft ill ,ertia ca" liect'kr i", ,ta " ""ot chllf'fltole ,, die h - sejlwies" ir , pytnt rtf""~ to ill sub-section (9) of section so£ au' c"puuiii - uvciiiu tax- 10 in cases ill which ldoome-tax haa to be calculllted udder the ftl'llt proviso to sub-secticlll (5) of ection 132 of the mcome-tax act or charged under sub-eection (4) of s8otiol1 1'12 or sub-section r 2) of sectioo 1'14 or eectioo 176 or sub-section (2) of sectlclll 176 of the said act or dedilcted udder section 182 of the said act from income 15 chargeable under the head ''salaries'' or deducted under sub-section (9) of secticll 80e of the sajd act from any payment refured to in the sald sub-secticlll (9) or in which the "advance tax1rable under chapter xvu-c of the said act has to be computed at the rate or rates in foree, such income-tax or, as the case may be, "advadce 20 tax"(not being "advance tax" in respect of any 1dcome chargeable to tax under section 164 of the income-tax act at the rate of slxty-flve per cent) shall be so calculated, charged, deducted or oomputed at the fouowt rate or rates:- p arllgraph a25 iii the case of every individual or blddu undivided famuy or unregistered firm or other 88sociaticlll of persods or body ollndivlduals, whether incorporated or dot, or every artificial juridical perscll referred to in sub-clause (vii) of clause (31) of section 2 of the incometu act, dot beldg a case to which aay other par,r of this part 30 applies, -rates" f illcome-t41' nil; (1) where the total income does dot exceed ra 5, 000 10 per cent of 1m 0udt bj' which tile totallaoome exceeds rs 6, 000; (2) where the tota11dcome 35 exceeds ra 5,000 but does dot aceed ra10, 000 re600 pi 17 per oea& ollie amount by which the total iacome exceeds r810 000; (3) where the totalldoame exceeds rs10, 000 but does dot exceed ra 15 000 rs1,350 p'us 23 per cent of the amount by which the total income exceeds ra15, 000; (4) where the total mcome exceeds rs15 000 but does not exceed ra20 000 | rs | 2,500 ||--------------|----------|| plus | || 30 | || per | || cent | of || amount | || by | || which the | total || 5 | || come exceeds | ra20 |(5) where the total mcome exceeds ra 20000 but does not exceed ra25000 | rs | 4000 ||--------------|----------|| plus | || 40 | || per | || cent | of || amount | || by | || whioh | || the | || tota1in- | || come exceeds | ra25 |(6) where the total income exceeds rs25000 but does not exceed rs30 000 ('1) where the total income exceeds rs30 000 but does not exceed ra40,ooo ra 6 000 plus 50 per oent of the 10 amount by which the tota1income exceeds rs30 000; (8) where the total income exceeds rs40 000 but does not exceed ra60000 rallooo plus 60 per cent of the amount by which the tota1income exceeds rs40 000; 15 (9) where the total income exceeds ra80 000 but does not exceed ra80000 ra23000 plus 70 per cent of the amount by which the total income exceeds rs80 000; (10) where the totalidcome exceeds ra80000 but does not exceed rsl, 00 000 ra 37000 plus 75 per cent of the amount by which the total in-20 come exceeds rs 80 000; (11) where the total income exceeda ra1, 00 000 but does not exoeedrs200000 | re52 | 000 ||-----------|---------|| plus | || 80 | || per | || cent | || of | || the | || amount | || by | || which | || the | || tota1in- | || come | exceeds || ral | || 00 000; | |(12) where the total 1dcome exceeds ra 2 00 000 ra 1 32, 000 plus 85 per cent of 25 the amount by which the total income exceeds ra2, 00,000: provlded that for the purposes of this paragraph, in the case of a hindu undivided family which at any time duridg the previous year relevant to the assessment year commeacidg on the let day of april, 30 l9'12 satlsfles euber of the followtdg two condltlou, namely:-(a) that it has at least two members entltlec1 to claim putiticll who are not le88 than ellhteen years of or (b) that it has at leat two members edded to claim partitloo wjlo are not 11deally desoedded clii8 fl"clld the giber iiid who 35 are not lineally desceuded from any other ilvtdc member of the family-(i) no 1dcome-tax shall be payable od a tow idcome not exceedldl ra 7 - 000; (ii) where the total idcome exceeds ri 7,000 but does not exceed rs 7,660, the income-tax payable thereon shall not exceed forty per cent of the amount by which the total income exceeds rs 7,000 surcharge on income-tcu5 'lbe amount of income-tax computed in accordanoe with the preceding provisions of this paragraph shall be increased by a surcharge for purposes of the union calculated at the following rates namely:-10 per cent •• (a) in a case where the total income does not exceed rs15, 000 10 (b) in any other case 15 per cent : provided that the amount of surcharge pqable shall in no case exceed the aggregate of the following sums, namely:-15 (i) an amount calculated at the rate of 10 per cent on the amount of income-tax on an income of rs15, 000, u such income had been the total income (the income of rs15, 000 for this purpose beiog computed as if such income included income from various sources in the same proportion as the total income of the person concerned) and 20 (ii) 40 per cent of the amount by which the total1ncome exceeds rs15,ooo in the case of every co-operative society,- rates 0 f income-tar25 (1) where the total income 15 per cent of the totalidoome; does not exceed rs 10, 000 (2) where the total income exceeds rs 10, 000 but does not exceed rs20 000 rsl,500 plus 25 per cent of the amount by which the total income exceeds a 10, 000; 30 (3) where the total income exceeds rs20,ooo ri 4 000 plu s 40 per cent of the amount by which the total income exceeds ra20, 000 '!be amount of idcome-tax computacl at the rue beretabefore apecu1ed shall be increased b,y a bureba for purp088b of tile union calculated at ti rate of f1fteed per cet of noh 1dcome-tax in the cue of fnery registered firm, - rales of income-leu(1) where the total mcome doe not exceed re 10, 000 nil; 4: per ceat of the amoldlt by 10 which the total income exceeds •• 10,000; (2) where the total income exceeds 1\810,000 tnt does dot exoeed re 25,000 (3) where the total mcome exceeds re 25, 000 but doe - -exceed ra 50,000 | re800 | phis | 8 ||------------|---------|------|| per | | || ce | •• | of || amouat | | || 'by | | || widch | | || tile | | || taul | | || ta- | | || come | see_ | || bai&,ooo; | 16 | |(4) where the total mcome exoeed8 riso,ooo but doe dot exceed ra1, 00, goo | ai, | 100 ||----------|--------|| plus | || 12 | || per | oest || of | || tile | || amowllt | || by | || which | || the | || total | || a- | || come | || exceedl | ri60, |(6) where the total income exceed8 ra1, 00, 000 | rii | 8, ||----------|-------|| 100 | || pjus | || 20 | || per | oent || of | the || amowat | || by | || which | || tile | || totalid- | || 20 | || come | || exceeds | || ra1, | 00, || 000 | | ~rchaes on income-illthe amount of income-tax computed at the rate herebabefore specified bhalllm increased by the agjregate of buroba1'l8s for puiposeb of the union calculated as specified hereunder:-25 (a) in the case of a registered firm whose total income molude idcome derived from a profebsion carried 011 by it and the acome 80 1dcluded is not 1eb8 than flfty-oae per oedt of buch total1jacome, a 8urcharp calculllted at ile rue of tell per cent of the "guilt of idcome-tax ccmputed at the rate hereidbefore 30 8petcified; (b) ill lae c of july other reaiatered firm, a urobarp calculi at tile rue of twenty per cent of the amount of 1dcometax computled at tile rate be reidbefore specified; and (c) a 8pecial 8urcbarp calculated at the rata of fiftha per oedt oil the agreg of the fo11owldg amoudta, 81,:-(i) ibe amouat of bacome-tu oclldpdled it mae rue jaen-tdbefore spectfted; add 5 (ii) lie amount of the 8urch oalculated 11l aceor~ aace wltb clause (ii) or, as •• oue id, be 01 ct) of ••• ub-pararr erpigllgtim-for the purpose of this par •• , "relf--tiered fll'lll"idcludes ad wlregibtered firm ed 18 a rectatereel 10 flrm udder cbu8e (b) of aectioll183 of the iilcodle-t1lk adt p ifllgraph d iii the 0_ of evel7 localllltbority, -r,te of incolfle·tu oa the whole of tie totallacome 50 per oent 15 'l'he uiioubt of iao_-tu 00i8p at rate ltereluefol'8 specified shall be iiiore_ad by a •• roilalp for jmii1)08e8 of tile t1idal calculated at the rue of ftftma per oeat 01 uch idooide-ta p iirlfll'clph e20 id the case of the lue liuiuraace corporation of india etab-31 0 f 19» 118hed udder the life ldauraaoe corporaticl:l adt, 1956-r,tes of illcolfle-tu &25 per cent i 25 (0 oil iw part of ita _al idcgllde whtoll oodaiau of profltll gaids f1'ollll1fe tuurance bus1de (ii) od the buaoe u any, of tile total 1iloome 30 the r of idcome-t appl1om1e, ta licoorduoe wi parllrlfll f of ida part to tbe tdtal me of a &k: cciid,uy whigll 18 a oed,, in wh10la tile puiillc are tuatall,iid'el'8 d in the case of a company, other than the we insurance corporation of india established under the life insurance corporation act, ~l of 1956 1956,-| rates | of | income-tal' ||-------------------------------|------------------|----------------------------|| 5 | | || l | | || in | | || the | | || case | of domestic | company- || (1) | | || where | the company | is || company | | || in | | || which the public | | || are | substantially | interested,- || (i) | | || in a | case | where || total | | || income does not exceed | | || rs50,ooo | | || 55 | per | cent of the total income; || (ii) | | || in | | || a | case | where || the | total income | exceeds || rs50,ooo | | || 15 | | || (2) | | || w | here | the company || a company in which the public | | || are | | || substantially | interested,- | || (i) | | || in the | case | of an || trial | company- | || 20 | | || 55 | per | cent ; || (a) | | || on | so | much || total income | | || as | does not | || exceed | | || rsio,oo,ooo | | || 25 | | || (b) | | || on | the | balance, || if | | || any, | 60 | per || of | the total income | |(ii) in any other case 65 per cent of the total income: provided that the income-tax payable by a domestic company, being a company in which the public are substantially interested, the tdta1income of which exceeds rs 50, 000 shall not exceed the aggregate of-30 (ci) the income-tax which would have been payable by the company if ita total income had been ra 50 000 (the idcome of ra 50000 for this purpose being computed as if such income included income from various sources in the same proportion as the total income of the company); and 35 (b) eighty per cent of the amount by which its totalldccl2le exceeds rs 50,000 do in the case of a company other than a domestic company-(i) on so much of the total 1ncome as consists of-5 10 (a) royalties received from an indian concern in pursuance of an agreement made by it with the indian concern after the 31st d8¥ of march, 1961, or 15 (b) fees for rendering technical services received from an indian concern in pursuance of an agreement made by it with the indian concern after the 29th day of february, 1964, and where such agreement has, 20 in either case, been approved by the central government 50 per cent ; (if) on the balance, if any, of the total 1ncome 70 per cent ( see sectloo 39 ) in tile first schedule to 1i1e tariff act,-(i) in items noe1(1) 31(2), 48(8), 68(1), 73(15) (a), 73(15) (b), 75(4), 75(9), 75(10), 75(11), 75(12), 75(12 a) 75(14) 5 and 75(15) for the _try acaiaat each of them in l1e fourth column, the entry "100 per cent ad val~relft "shall be substituted; (it) in item no5 (2), for the entries in the fourth add sixth columns the entries "100 per cent ad valorem " add ''90 per 10 cent ad valorem "shall respectively be substituted; (iii) in item no9(3) for the entries in the fourth and sixth columns against sub-item (a), 'the emr1es ''rs60 per kilogl"am" odd ''rs60 per kilogram less 71 per cent ad vcdorem "shall respectively be substituted; 15 (iv) in items nos 75(2) 75(3) and 75(13) for the entries against each of them in the fourth and ruth columns the entries "100 per cent ad valor "and ''921 per cent ad 1lalorem " shall respectlvely be subetltuted; (v) in item no75(18), for the entry in the fourth column 20 against sub-item (b) (ii), the eairy "100 per cent ad valorem " shall be substituted; (vi) in item no87c for the entry in the fourth column against sub-item (i) the entry ''30 per cent ad valorem " shall be substituted 25 statement of objects and reasomb'lbe object of the blll ta to give effect to the flaadclal proposal of the central government for the ftdaacia1 ,ear 1871-72 add to provide for the levy of foratp travel tax the dote od olause uplaid the various provisiou oodtaided in the bdl new daal; y b cbav an the 28di if" 1971 presment's recoioiendation under articles 117 and 274 of the conbtlrtn'ion of india(copy of letter no f 3(30)-b/'11 dated the 28th may 19'11 from shr1 y b ciad midlater of fanee to the secretary lok sabba) the preideat baving been ldformed of the subject matter of the propoed bill recommedd8 udder artiole 117(1) aad (3) rad with article 2'14(1) of the coiuitttutlon of india the idtrociuotion of the pidado (no2) aw 19'11 to the lok sabia aad also recommends to the lot sabia the ooutdrauon of the bill 2 th bll1 wul be iotroduoed 1d the lot sabba immediately aar the pr tlod of the budget od the 28th may 19'11 notes on clausesclause 2, read with the first schedule to the b1ll, seeks to prescribe the rates at which fdcom&-tax, inoludlng suroharges where applicable, is to be levied on inoomes chargeable to tax for the assessment year 1971-72 further, it lays down the rates at which tax is to be deduoted at souroe during the financial year 1971-72 from incomes subject to such deduc-uon under the income-tax act: and the rates at which "advance tax" is to be computed and tax 18 to be caloulated or charged in special cases for the financial year 1971-72 rates of income-tax for the assessmeut year 1971-72 -the rates of income-tax (1ncluding surcharges) in the case of non-corporate tax-payers on incomes uable to tax for the assessment year 1971-72 are the same as those specified in part in of the first &hedule to the finauce act, 1970 for the purpose of deduction of tax at source from ''salaries'' and for oompltation of "advance tax" payable during the finadcial year 1970-71 slmfiarly, in the caae of corporate taxpayers, the rates of income-tax on incomesl1able to tax for the auesment year 1971-72 are the same as those laid down in part m of the first &hedule to the finance act, 1970 for the plrposes of computing "advance tax" payable by companies during the financial year 1970-71 these rates have been specified in part i of the first schedule to the blll rates for deduction of tax at source during the financial year 1971-72 from incomes other than "salaries" -part n of the }'irst schedule to the bid specifies the rates at which income-tax (including surcharge where applicable) is to be deducted at source during the financial year 1971-72 from incomes other than "salaries" and retirement annuities referred to in aecuon 80e(9) of the ldcom&-tax act '!bese rates vary in certain respects from the rates specified in part u of the first schedule to the finance act, 1970 for deduction of tax at souroe from incomes other than "salaries" and retirement annuities during the financial year 1970-71 in the case of inoome by way of interest on seourities (not being interest on a tax free security) or dividends payable to a resident recipient other than a company during the financial year 1971-72, tax wul be deductible at the rate of 23 per cent (which is made up of basic income-tax of 20 per cent and surcharge of 3 per cent) as against 22 per cent during 1970-71 in the case of incomes (other than interest on a tax free security) payable to a non-resident other than a company during the financial year 1971-72, tax will be deductible at the minim wn rate of 345 per cent (made up of income-tax of 30 per cent and surchargfl of 4 5 per cent ), as against 33 per cent formerly however, in the case of interest on a tax free security payable to a non-corporate nonresident, the rate for deduction will be 1725 per cent (made up of income-tax of 15 per cent and surcharge of 225 per oent), as against 165 per cent formerly in respect of dividends payable by any domestic company on shares in that company held by a foreign oompany, tax w1l1 be deductible at source during the financial ~ar 1971-72 at the uniform rate of 245 per cent the concesslonal rate of 14 per cent formerly applicable in respect of dividends paid to a foreign company by a closely-held indian company mainly engaged in a priority industry has been discontinued rates for deduction of tax at source from "salaries" and retirement annuities, computation of advance tax, and charging of income-tax in special cases during the f1nadcial year 1971-72-part m of the firat schedule to the b1ll specifies the rates at whtch income-tax is to be deducted at source from "salaries" and retirement annuities referred to in section 80e(9) of the incometax act add also the rates at which advance tax is to be computed and idoome-tax is to be calculated or charged in special cases for the financial year 1971-72 these rates are the same as those specified in the bill for the assessment of income liable to tax for the assessment year 1971-72 except in regard to the rate of surcharge on the income-tax in the case of individuals, hindu undivided famfi1es, unregistered firms and other categories of nod-corporate taxpayers including cooperative societies and local authorities, as also the rate of special surcharge in the case of registered firms '!'be rate of surcharge in these cases and the special surcharge in the case of registered firms is proposed to be iucreased from 10 per cent to 15 per cent except in the case of individuals, hindu undivided fam1l1es, unregistered firms and associations of persons, etc, having a total income not exceeding rs15, 000 in the latter type of cases, the rate of surcharge will continue at 10 per cent in the case of the life insuradoe corporation of india and companies, the rates of tax specified in part m of the first schedule for the computation of "advance tax" are the same as those specified in part i for the purpose of levy of tax on income assessable for the a88888-ment year 1971-72 clause 3 seeks to amend section 2 of the income-tax actsub-clause <a) seeks to substuute a new clause for existing clause (17) of section 2, relating to the definition of "company" under clause (17) as substituted, the term "company" will include, besides any indian company any body corporate inoorporated by or \dlder the laws of a country out8ide india the term will also include any institution, association or body which is or was asses8able or was a8sessed under the indian incometax act, 1922 or the income-tax act, 1961 as a company for any assessment year up to and including the assessment year 1970-71 further, as under the existing definition, the· central board of direct taxes will have the power to declare, by general or special order that any institution, association or body, whether incorporated or not and whether indian or non-indian, shall be treated as a company for the purpose8 of the inoome-tax act this power of the board is now being specifically made exercisalie even in relation to a past assessment year and the declaration wm have effect (or any assessment year or years specified therein sub-clause (b) seeks to amend clause (18) of section 2, relating to the definition of the term "com pany in which the public are substantially interested" under one of these amendments, a company registered under section 25 of the companies act 1956 will be regarded as a company in which the public are substantially interested under the other amendment, the central board of direct taxes will have the power to direct that a company having no share capital shall be treated as a company in which the public are substantially interested such direction wf1l be made by the board having regard to the objects of the company, the nature and composition of its membership and other relevant considerations any such direction may be made by the board even in respect of a past year, and it will have effect (or the assessment year or years specified therein sub-clause (c) seeks to amend clause (26) o( section 2, relating to the definition of the term ''indian company" under the proposed amendment the term ''indian company" will include a corporation established by or under a central, state or provincial act and havi~ ita regiatered or pr1dclpal otnce in india add allo any 1diutuuod uloo1atlod or body wldch declared by the board to be a company under cllulh (17) of aection 2, where the pridci-jill omee of the lutttutjon, association or body 18 in india ~c1ause (d) seeks to 1nbert a new cjauii8 (43b) m section 2 of the income-tax act, deftn1dc "tax recovery comm1asioner" with effect from 1st jantary, 1972 udder the new clause a tax recovery commissioner 18 being defined as a commisb1oner or an assis-'ant commissioner of income-tax who may be authorised by the central government by general or special notification in the official gazette to exercise the powers of a tax recovery commissioner clause 4 aeeke to make certain amendments in section 10 of the income-tax act relatidi to exemption from tax of certain incomes sub-clause (a) _eks to amend section 10~o) relating to exampt1on from tax of certaln mcodles of a local authority under the amendment, income derived by a local authority from the supply of water or electricity altside its own jur1ad1ctlma1 art8 wu1 also be exempt frorn lncome-t&x the ameddment wul take effect from the 1st aprll, 1972 and will be applicable for the &ssessment year 1972-73 add subsequent years sub-clause (b) beeks to amend section 10~6a) 80 to revive the exemption from tax which was ava1lable in the case of persods resident 111 the d18trtct of ladakh (other than govermnent servants) up to and including the a8sessmentyelu' 1969-70 for a further period of 5 years, ie, for the assessment years 1970-71 to 1974-76 the exemption is being made available with retrospectlve effect even in the cue of government servants resident in ladakh who were not within the purview of the old provision clauae 5 seeks to amend section 11 of the income-tax act relating to exemption from income-tax of inoome from property held under trust for charitable or religious purposes under the amendment a new sub-section is sought to be inaerted retrospectively from 1st apru, 1962, ie, the date of commencement of the income-tax act, 1961 the new sub-section seeks to provide that where ~ capital a8set being property held under trust wholly for charitable or religious pu-poses is transferred and the whole or any part of the net consideration for the tr8d8far (that 1& the full value of the considerauon al reduced by the expenditure iljcurred wholly and exclusively in coonectiou with the transfer) 11 utilised for squiring another capital auet to be so held the capital gain arisfdg from the transfer shall be regarded as having been applied to charitable or religious p~ pomi where the whole of suoh net conaderation 18 uulised in acquiring the new oapital anet, the enure amount of the capital gain shall be regarded as having been applied to charitable or religious purposes,wh1le in a case where only a part of the net consideratlon 18 ud11sed for acquirlng the dlbw oapltal asset the amount, u any by which the coat of acqussitlon of the new asset exceeds the agl1"egate or the cost of acqui8ition of the capital ast transferred aad the oost of any improvement to such asset wu1 be reprded a8 having been applied to such purpoeea i'd a case where the ut forma jmt of property held under trust in part oaly for charitable or religious purposes, a proportiqd8te amount of the oapltal pin wul be regarded aa having been applied to such purjx)s clauae 8 aeeks to amend eeotion 13 of the iucome-tax act, relattng to forfeiture of the exemption from inoome-tax by charitable and religious trusts in certain caees the amendment is of a clarifying nature clause 7 seeu to quend section 16 of ule income-tax act, relating to deductions in computing income udder the head "salaries " udder the amendment, the standard deduction fo~xpenditure on travelling in computfng income \dlder the head "salarlea" in the caee of a taxpayer· ownijjg a motor cycle, licooter or other moped add 118ingit for the purposea of his employment ia propoeed to be fdcreaaed from rs80 per month to rs 75 per mouth; and in the o&8e of salarted taxpayers who do ddt own a motor car or a motor cycle scooter or other moped it ia propoeed to be fdcreased from rs35 per m odth to rs 50 per month these amendments will take effect from 1st april 1972 add will be applicable for the a88888medt yr 1972-73 and subsequent years clall88 8 seeks to amend clause (v111) of sub-l8ctlon (1) of aectlon 38 of the lddometax act relating to the special deduction in oomputldl the taxable profits of a flnanoial corporation which is edl,,ed in providing long-term finance for 1ndustrial development in india under the amendment the special deduction will be available also to a t1nadcial oorporation which is eugapd in providing iodg-term finance for agricultural developmedt in india the deduction will be in an amount up to 25 per cent of the profits oarried to a special reserve account in the case of a financial oorporation having a paid-up share capital up to rs3 crores and 10 per cent of the profits in the case of any other finallcial corporation as under the existing provision the benefit of the deduction will be available only where the corporation is for the time being, approved by the central government for this purpose the aggregate amount of the deduction over a period of years will not however exoeed the amount of the plid-up capital as udder the existing provision the extension of the prov1slod in section 36(1)(v1i1) to tlnanclal oorporations engaged in providing longterm finance for agricultural developm ent in india will take effect from 1st april 1972 and will accordingly be applicable for the assesament year 1972-73 and subsequent years clause 9 seeks to amend section 40 of the income-tax act udder which certain amo\dlts are not deductible in computtdg the profits and gains of bulliness or profession under ule amendment in sub-clause (a) sub-clause (v) of olause (a) of section 40 is beldg omitted with effect from 1st apr11 1972 'ibis amendment il consequential to the tnaertlon of new bub-iection (5) in seotion 40a of the ldoome-t;ax act under clause 10 of the bid llib-olause (b) seeks to amend lectiod 40(0) udder which apendlture fdcurred by a company on the provision of any remuneration or bedbfit or amenity to directors, persona who have a lubbtanttal1nterest in the company and their relatives and the elq)enditure or allowance in relpect of any &8sets of the oompldy which are used by such persons for their own purposes or benefit is not allowed aa a deduction to the extent such expenditure or allowance is in the oplnioo of the inaome-tax officer, excesbive or udreaaoaable under the amendment the deduction on aoco\dlt of such expenditure or allowance will be further nbjeot to an overall ce1linllimit of ri 72,000 in respect of any one director or a person who has a sublltadtlal idterest in the company or a relathe of a direotor or of such person 1bese amendments will come into force with effect from 1st aprll, 1972 and wlll accordingly apply in relation to assessments for the assessment year 1972-73 and subsequent asleslment years clause 10 seeks to make certain amendments to section 40a of the income-tax act under which expenses or payments are not deductible in certain circumstances the amendment under sub-clause (a) is of a drafting nature and is consequential to the insertion of new sub-sections (5) and (6) in sectlon 40a under sub-clause (b) sub-clause (b) seeks to insert two new sub-sections (5) and (6) in section 40a under the new sub-section (5), expenditure incurred by an assessee on payment of salary to an employee will not be allowed as deduction in computing the taxable profits to the extent it exceeds an amount calculated at the rate of rs 5, 000 for each month or part thereof comprised in the period of employment of the employee in india similarly, expenditure incurred by the assessee on payment of salary to a former employee, le, an individual who ceases or ceased to be the employee of the assessee during the previous year or any earlier previous year, will not be allowed as deduction in computing the taxable profits to the extent 1t exceeds rs 60,000 for the year • for this purpose, "salary" is being defined broadly on the lines of the provision in section 17 of the income-tax act subject to certain modifications the expression "salary" will include wages; any annuity or pension; any gratuity, any fees, commissioos or profits in ueu of or in addition to any salary or wages; any advance of salary and the annual accretion to the balance to the credit of an employee participating in a recognised provident fund to the extent it is chargeable to tax it will, however, not include perquisites and the sums transferred from the account of the employee in an unrecognised provident fund to a recognised provident fund the new sub-seetlon (5) further imposes certain rebtrwtions on the deductible amount of expenditure which is incurred for providing any perquisites, whether convertible into money or not, to an employee or the amount of expenditure or allowance (such as depreciation allowance) in respect of assets used by an employee for his own purposes or benefit the aggregate of the expenditure or allowance under these heads that can be allowed as deduction in computing the taxable profits will be limi~ to 20 per cent of the amount of salary payable or an amount calculated at the rate of rs1000 for each month or part thereof comprised in the period of employment of the employee in india during the relevadt previous years, whichever isle8s for this purpose the expre8sion "perquisite" is being defined to mean-(1) the value of rent-free accommodation provided to the employee by the assessee; (11) the value of any coocebsion in the matter of rent respecting any accommodation provided to the employee by the assessee; (w) the value of any benefit or amenity granted or provided free of oobt or at 00nee88tonal rate to the employee by the assessee; (iv) any bum paid by the asse88ee in respect of any obugation wh1ch t but for such l8yment, would have been payable by the employee; add (v) any sum paid by the assessee whether directly or through a fund, other than a recognised provident fund or adj approved superannuation fund, to effect an assurance on the life of an employee or to effect a contract for an annuity it is being specifically provided that the following items will not be taken into account in computing the expenditure or allowance that would not be deductible under the new provision:-(i) the value of home leave travel concession to indian citizens or passage moneys or other assistance for proceeding to the home country on leave in the case of foreign nationals, which is exempt from tax as the income of the employee under the existing provisions in sections 10(5) and 10(6)(i) of the l'lcome-tax act: (ii) emlioyer's contribution to the employee's account in any recognised provident fund or an approved superannuation fund or for the employee's bedefit to an approved gratuity fundi (iii) expenditure incurred by a company for the purpose of promoting famlly plan-ding amongst its employees it is being further provided that tho limitation under the new sub-section (5) will not apply in the following cases:-(i) payments to an employee in respect of any period of his employment outside india: (11) payments to foreign technicians who are entitled to exemption from tax on their remuneration under section 10(6)(vu) or section 10(6)(viia) of the income-tax act: (iii) payments to any employee whose income chargeable under the head "salaries" does not exceed rs 7 ,500 under the new sub-section (6), expenditure incurred by an assessee on payment of fees for services rendered by a person who at any time during the twenty-four months immediately preceding the relevant previous year was his employee wui not be allowed as deduction in computing the taxable profits of the assessee to the extent it exceeds re 60, 000 in a case where the assessee also incurs in relation to such person, any expenditure oil payment of salary referred to in sub-section (5 )(a)(i), the deduction in respect of the expenditure oil payment of fees and that on payment of salary will be limited to &60,000 in the aggregate these amendmeflts will take effect from 1st april 1972 and wfll accordingly apply in relation to assessments for the assessment year 1972-73 and subsequent assessment years clause 11 seeks to omit, with effect from the 1st april, 1972, section 54a of the incometax act, relating to relief of tax on capital gains in the case of individuals of foreign nationality and foreign companies which hold investments in the shares of an indian comlbdy the relief will not therefore, be available for the assessment year 1972-73 and subsequent years clause 12 seeks to omit sub-clause (iv) of clause (a) of section 58(1) 111is am endment is consequential to the omillsion of sub-clause (v) of clause (a) of section 40 of the incometax act under clause 9 of the bill clause is seeks to amend sub-sections (1) and (4) of section 67 of the idoome-tax act, relaudg to computation of a partder's share in the income of a firm under the amendment to sub-section (1), the tax payable by an unregistered firm whioh is assesled as a reg1atered firm under section 183(b) of the income-tax act will be allowed as deduction in computiug the partner's sbare in the 1dcome of the firm the amendment to sub-seotion (4) 11 of a verbal nature and is for harmonising the wording of the sub-section with the wording of the amendments to sub-section (1) these amendments wlll take effect from 1st april, 1971 and ww therefore, apply for the a88essment year 1971-72 and subsequent years clause 14 seekl to amend section 80a of the income-tax act, relating to certain de&1ctions to be made in computing the total income the amendment 1a consequential to the amendment of sections 80l 80m m and son and the substitution of a new section for the existing aection 800 under clauses 17, 19, 20 and 21 of the blll clause 15 seeks to amend section soc of the income-tax act, relating to deduction in respect of life inauraoce premia, oontributions to provident fum, etc under the ameddment proposed in sub~lause (a))the quantum of deduotion from taxable income in respect of lolli-term savings through life insuranoe, provident fund, etc, in the case of individuals and hindu undivided famwes will be varied so as to allow a deduction of the whole of the first rs1, 000 of the qualifying savings plus 50 per oent of the next rs 4,000 plus 40 per oent of the remaldder of the quallfyidi savings this ameddment will apply also in the case of an as800iation of per sods or a body of individuals oonsisting only of husband and wife govern:! by the system of oommunity of property in the union territories of dadra and nagar havell ao:i goa, daman and diu under the amendment proposed in sub~lause (b),the monetary limit of the savidis qualuylq for tax relief in the oase of iddlviduals will be raised from rs1s, 000 to rs 20, 000 this revised monetary oeuingl1mit over the savilljs qualifying for tax relief will apply also in the oase of an association ,f persons or a body of individuals referred to in the precedlng paragraph these amendments wui come into foroe with effect from the 1st april 1972 and wul accordidlly apply in relation to the usessment year 1972-73 and subsequent assessment years clauae 18 seeka to amend section 801 of the inoome-tax act, relatldg to deduotion in reapeot of profita add cu9 from priority industries in the case of oertaln oompanies udder the amendment, the special deduction available to oertain domestic compad1es of an amoant equal to 8 per oent of their profits from priority industries will stand reduoed to 15 per oent of suoh proflta this ameddment will take effect from 1st apru,1972 add will acoordly apply 1c relation to the ashssments for the assessment year 1972-73 ad1 subsequent yeara clauae 17 leeka to amend section !sol of the 1dc0me~ax act, reiatidl to dedllotioll in reapeot of idterest on oertain securities, dlvk:leadl etc, in oomp'ltldl the totalldaome of an aaaeshe uader the amendment in ub-clause (a) the deducuod udder this sectiod will be available only in the case of individuals add hindu undivided famllies under the amendments in sub-clauses (b) add (0), deposits made with co-operative societies by their members will also qualify for idolusion in the categories of financial usets income from which qualifies for deduction uptors3,ooo in the aggregate under this section the amendments will take effect from 1st april,1972 and will, therefore, apply for the as1l88s-ment year 1972-73 and 8ubsquent years clause 18 seeks to amnd section 80m of the ldoome-tax act, relating to deduauon in respect of certait inter-corporate dividends under the amendment in sab-clauae (a), the ieduouoll preaently available to a foreign company with reference to dividend received by it from a olosely1ejd iddiad company mainly engaged in a priority industry will staad reduced from 80 per oent to 86 per cent of such dividends accordingly, foreip companies w111 hereafter be entitled to a deduction of 65 per cent of the dividedds received by them from all dom •• ic compwes the amndment in sub-clause (b) i8 oonsequential to the amendment of matioll sol of the income-tax act under clause 17 of the bill these amendments w1ll take effect from 1st april, 1972 add will accorduwly apply in relation to assessments for the assessment year 1972-73 add iubhqueat a ••••• ment yearb clause 19 seeks to make certain ameddments to section 80mm of the ldoome-tax act relating to the deduction in the case of an indian company in reapect of royalties, ete • received from indian concern •• under the amedded provision, the deduction of 40 per ont of the imome by way of royalty, oommibbion, feeb, etc, will be avallable dot only to lladtan oomp but aleo to other resident 88sessee however, in the cue of lid e other than a company or a eo-operative society, the deductioll w1ll be admi •• lble oii1y if the acocauats of tim e for the relevant previous year have been audited by a chartered acoountant or other aceoull&&dt who is qualified to liiidit the account of oompanie and the report of iugb awllt in a form to be prescribed for the purpo duly ipld add verified by acb accountant i furnibad alodi with the return of income the deduction udder thl beetioll, w111 boa adml •• ible only wbere the technical mow-how or technical service are provided to the indian concern udder an agreement apja'oved by the central board of direct tax •• for the parpose at present such approval hu to be obtained from the ceatral goverdld81lt the amddments will take effect from the 18t aprll,19'12 add will apply in relation to assessments for the asse8sment year 1972-73 and ubmqulellt yea,- claue 20 eka to make certain amddme8 to eectioil son d(tbe income-tax act, relalidl to exemption from income-tax of dividedd received by an indian company on abare allotted to it in a fore1p oompany in couiderauod for the provisl~ of technical kdow-bow or tecbdlcal servics to the forign oompuy udder the amended provision, the deductiod 1d re8pect of tbe _ie of reb divldedda will be available not oaly to iddiad oompulie but &leo to other reekieat aii8 the deduouoa will be admi •• lble wkler thi aeotioa only where the tecluaiidallmow-howcl' technical 10 are provided to tile fore oompany under all qreement approved by the central board of direct taxes for this purpose and the application for such approval is made to the board before the 1st october of the asbessment year in relation to which the approval is first soupt the amerdments will take effect from the 1st apr11,1972 and wul apply in relation to asessments for the aasessment year 1972-73 ard subsequent years elm,e 21 seeks to substitute, with effect from 1st aprll,1972, a new section for section 800 of the income-tax act, relating to deduction in respect of royalties, etc, received by an indian company from a foreiln oompany in codsideration for provldiljl technical know-how or technical services urder section 800 as substituted, the deduction of the whole of the income by way of royalty, commission, fees or similar payment will be available not oaly to indian oompanies bm alllo to resident asbessees other thad companies however, in the case of an assessee other than a company or a co-operative 8ooi8&y, the deduction will be admissible only if the accounts of the assessee for the relevaat previoua year have been audited by a chartered acoountant or other accountant who is qualified to audit the accounts of companies and report of such audit in a form to be prescribed for the purpose du ly siped and verified by such accountant is furnished along with the returll of idoome further, umer the section as substituted, the deduction will be available in all cues where the technical know-bow or technical services are provided outside lddia to a foreip government or to a foreip enterprise, whether or not such foreign tldterpr1se is organised as a company the deduction will be admissible under thls section -y wbere the technical know-bow or technical services are provided to the foreign government or enterprise r sa agreement approved by the central board of direct taxe for 18 purpose add the appllcation for such approval is made to the board before the lat october 01 the 88ses8ment year in relatian to whlcb the approval1s first sought ciiilbe 22 beeks to amend seouon sop of the income tax act, relatidi to certain deductionl 111 respect of idcome of oo-operauve societies the object of the amendment is to moure that laboar co-operative societies am fisberies co-operative societies elllaged in ibe catchiljl, curing processing, preserving, stori or marketing of fisb or the purchase of materials add equipment in connection therewith for the purpose of supplying them to their members, will be el1lible for exemption from iocome-tax in respect of the whole 01 their buslnes income·from such activities this exemption will boa available subject to the condition that the rules am bye-laws of the society restrict the votilll rights to its members who contribute their labour or carryon the fibilll or allied activities, any cooperative credit sooiety which provides financial istadoe to it and the state government these amendments wlll take effect from 1st april,1972 ard will, ace ordldgly , be operative for the assessment year 1972-73 and subsequent years clause 23 seeks to amend eection 80tof the income-tax act relating to deduction in respect of long-term capltallrains in the case of 88bessees other than oompanies udder the amendment, the deduotiollin respect of lolli-term capital gains relatiol to buildings or lands or any riptb ill buudidis or ladls will, in sacb cases, be allowed in an amount equal to rs 5, 000 pllu 35 per coint (as against 45 per oeat urder the existidi provision) of the amount by which such calillal pin exceeds rs 5,000 in reprd to iool-term capitallalns relatiq to other capital :,8sets, the deduction wlll be allowed in an amount equal to re 5, 000 ,5 10 per cem (u "~dln 65 per c ••• under the exl8t1d1 prcwlb10d) of the amount by which the capital pin exceeds ra5, 000 these mend will golde 1nto force with effect from 1st aprll, 1972 nd will accord1ngly pply 1n relatioil &0 ssessments 'or the assessment year 1972-73 and subsequent years clause 24 seeks &0 amedel elall cui) of section 86 of the 1dc0me-tax act under the amendment,it is being made cler that abe rebate of tax &0 which a partner of an unreg1stend firm is entitled under that provision in respe4lt of hi share 1n the income of the unregistered firm wlll dot be available where the wlregtstered firm 1s •• sessed s a registered firm under clause (b) of section 183 this ameddment 1s deslped to brld,i the provision in secuon s6(ui) in line with the provisions of section 183(b) add the provisions of section 67 as proposed to be amended under clause 13 of the bui clause 25 seeks to substitute a dew section for section 115 of the lacorne-tax act, relating to tax on capital gains in the c~ of cornp8jl1es udder the hction 8s substituted" long-term capital gaids relating to buildings or lands or any rights in buld1ncs or lands will, in such cases, be charged to tax at the rate of 45 per cellt (as quat the existing rate of 40 per cent) while capital galns rela1i1ll to other assets w1l1 be taxed at the rate of 35 per cent (as against the existing rate of 30 per cent) the substitution w1ll take effect from 1st april, 1972 and the rew section wljl accordingly apply in relation to assessments for the assessment year 1972-73 and slbsequent years clause 26 seeks to amend section 194a of the income-tax act relating to deduction of income-tax from interest other than 'interest on securities' under the amendment, do income-tax will be deductible at source from interest paid by co-operative societies on deposits made with them by their members clause 27 seeks to make certain amendments to section 230a of the income-tax act which prohibits the registration of transfer of any immovable property (oot being agricultural land) valued at more than rs 50, 000 unless a certificata by the income-tax officer has been produced before the registerl authority &0 the effect that the transferor of iuch property bas paid or made satisfactory provision for payment of all existing l1abuiuea under certain direct taxes enactments or that the registration of the document will not prejudicially affect the recovery of iuch liabilities under sub-clause (a) the section is being amended to cover transfers of qricuural laud snd also liabiutles under the super profits tax act, 1963 am the compadles (profits) surtax act, 1964 under sub-clause (b),a dew sub-modod (3) is propomd to be i_ned in the iecuon to confer powers on the central jioard 01 direct taxe 10 elllldpt, by aouficatton in the ouicial gazette and for reasons to be recorded in writldl, any institution, association or body or any class of institutions, associations or bodies from the requirement of obtaining r tax clearance certificate under the section the amendments will take effect from 1st october, 1971 clause 28 seeks &0 omit section 236 of the income-tax act, relating to relief to shareholders in respect of dividendi paid by a company which has paid agricultural lncome-tax to a state government on the idcome out of whlch the dividends are distributed the omission will take effect from 1s' april, 1972 and accordingly, tbe relief will cease to be avauable to shareholders from the assesment year 1972-73 clause 29 seeks to make oertaid amendments to the rules contained in the second iobedule to the ldcome-tax act under the amendment in sub-clause (a), a commissioner or an assistant commissioner of income-tax who is authorised to perform the functions of a tax recovery commissioner will, in the discharge of his functions as such tax recovery commissionn, be deemed to be actilll judicially withid the meaniql of the judicial officers' protection act, 1850 further, every tax becovery commissioner shall have the powers of a civil court while trylng a suit for the purpose of receivi, evidence, administering oaths, enforcing the atteddance ol wltae and compelllql the production of documents udder ~ ameddmeat in sub-clause (b) an appeal from any original order passed by a tax recovery officer, being any gazetted officer of the central government or state governm_ who baa been authorised by the central government under section 2(44)(ui) of the imome-tax act to exercise the powers of a tax recovery officer under the second sobecnle to the idoome-tax act, will, hereafter, 11e to the tax recovery commissioner instead of tbe ref authority to whioh appeals, ordinarily, lie against the order of a colleotor uader the law relating to land revenue of the state ooncerned appeals against orders pased,before the date of appointment of a tax recovery commissioner in respect 01 auy areaby ady tax recovery officer (including state revenue offloers) for that area or 8il area 1dcluded in that area wul also 11e to the tax recovery commissioner and not to the appellate authority of the state government further, the appeals pending on that date with tile state govenmaent aluh ·~te8 in l:e"l~ct of _ci$ wnerein the work of recovery of __ bae been tailer ewer oy 'fax recowry officers of the central government, will stand t:rlldsferred to the turecoyery commissioners exercising juriediotlon over that area under the amelkiment in sub-clallse (c), the tax recovery commissioners are being _powered to raylew orders passed by them under the second schedule to the income-tax mt for the purpose of reotllyiql: any mistake aoparent from the record udder tjae ameddment in sub-clause (d), the power of the board to make rules regulating the procedure to be followed by tax recovery officers, etc • is being enlarged in order &0 edable the board to define the areas within which the tax recovery commissioners may reiae juriadlotion all these amendment will take effect from 1st january, 1972 c18118e 30 seeks to rpake certain amendments in the "list of articles and things" in the sixth schedule to the income-tax act the amendment in sub:"clause (a) i8 codsequential to the amendment of section 80m of the income-tax act under clause 18 of the b1l1 under the amndmedt~: in rub·-clauses (b) and (c), the following items will be omitted from the 11st:-(1) aluminium {metal)- which ls presently included 1n item (2) of the list ,: (2) motor truc:~s j"id bu •• s, prsently listed as, item (10) (3) cement and refractories presently liated as item (12) (4) soda ash presently listed as item (14) (5) petro-chemicala preaently listed as itein (18) (6) automobile anomaries presently listed as item (20) omission of these items will take effect from 1st april 1972 clause 31 seeks to make oertain amendments to section 4 of the wealth-tax act 195'1 under which certain assets are included in the net wealth under the amendment in sub-clause (a) (i) the value of the assets transferred by an individual to his spouse or minor children after the end of the previous year relevant to the assessment year 1971-72 for purposes of gift-tax under lj\e gift-tax act will be included in the net wealth of such individual for the assessment year 1972-73 or any aubsequent aasessment year under the amendments in sub-clauses (b) and (d) in a case where an indivldluli converts his separate property into joint family property of the hindu undivided family of which he is a member by impressing such property with the character of joint family property or by throwing such property into the common stock of the undivided family, he will be deemed to have transferred the converted property through the famuy to the members of the family for being held by them jointly the share in the converted property in 80 far as it is attributable to the interest of the individual his spouse or minor children (other than married dauchters) will be included in the net wealth of the individual himself further in the event of a partial or lotal partition in the hindu undivided family the share allotted to the spouse or minor children in the converted property will also be similarly included in the net wealth of the individual this amendment will apply only in rehtion to conversions made after 31st december 1969 and will be applicable for the assessment year 1972-73 and subsequent assessment years under the amendment in sub-clause (c) a new sub-section (7) is proposed to be inserted in section 4 under which a member of a co-operative hou8ing society to whom a bu1ldidi or part thereof is allotted or leased under a house building scheme of the society will be regarded as the owner of that building or part it is a180 beidi provided that in determining the value of such building or part for purposes of inclusion in the net wealth, the value of any outstaming instalments of the amount payable by the assessee to the 80ciety towards the cost of such building or part (including the land appurtenant thereto) under the house building scheme of the society w1ll be deducted the amendment in sub-clause (a) (11) seeks to make a consequential change in clause (b) of sub-section (1) of section 4 these amendments will come into force with effect from 1st april, 1972 and will accordingly apply in relation to the assesament year 1972-73 an:! subsequent assessment years clle 32 seeks to make certain amendments to section 5 of the wealth-tax act, hlati to exemption in respect of certain assets udder the amendment in sub-clause (a) (1), jewellery will be excluded from the purview of the exemption in clause (vui) of section 5(1) retrospectively from 1st april, 1963 the amendment in sub-clause (a) (11) seeks to add two provisos and two explanations to the said clause (vui) with effect from 1st april, 1972 the first proviso seeks to exclude from the purview of clause (viii) furniture, utensils and other articles which, though held for personal or household use of the 88sessee, are made of, or contain (whether by way of embedding, covering or otherwise), gold, silver, platinum or any other precious metal or any alloy containing one or more of such precious metals by virtue of the second proviso the exemption in respect of conveyances, ie motor cars or other mechanically propelled vehicles, aircrllft or b-=»ats, will be available only to the extent their value does not exceed, in the 8iiregate, the sum of twenty-flve thousand rupees under the first explanation, it is bel made clear that for the purposes of the said clause (vi11) and also clause (xiii) of motion 5(1) (relating to exemption from wealth-tax of heirlooms other than jewellery), the term "jewellery" will include -(a) ornaments made of gold, silver, platinum or any other precious metal or any alloy cjntaln1ng one or more of such prec!ous metals, whether or not containing any precious or semi-precious stone and whether or not worked or sewn into any wearing apparel i and (b) precious or semi-precious stones, whether or not set in any furniture, utensil or other article or worked or sewn into any wearing apparel the second explanation defines the expression "conveyance" under the amendment in sub-clause (a)(ui), the exemption from wealth-tax presently available under clause (xx:) of section 5(1) in respect of shares in new industrial companies for a period of 5 years from the commencement of production will not be available in respect of shares formidg part of an initial issue of equity share capital made after 31st may, 1971 under the amemmenta in sub-clause (a)(lv) and sub-clause (b), shares in a co-operative liooiety and the deposits made with the society by its members will be included in the categories or financial 88 sets , invelltmenuj wherein qualify for exemption from wealth -tax up to an 8iiregate value of rs1, 50, 000 further, deposits made by a member of a co-operative boulidg society to whom a building or part thereof is allotted or leased under a housebuildldl icheme of the society will be completely exempt from wealth-tax without being 8ubject to any ce111 limit, to the extent such deposits have been made under the housebuildi scheme of the society the amendments in sub-clause (a)(u), (iii) and (tv) and aub-clause (b) will come into force with effect from 1st april, 1972 and will accordingly apply for the assessment year 1972-73 ami subsequent years clillse 33 beeks to amend section 18 of the wealth-tax act, 1957, relating to penalties for failure to fuoblsh returlul, to comply with notices and concealment of assets, etc this amendment 1b conaequenual to the prescription under clauae 36 of the bill of a unified schedule of rates of wealth-tax applicable to lddividuals and hindu undivided famules, which does not contain any slab of net wealth on which the rate of wealth-tax chargeable is nil clause 34 seeks to amend sub-section (4) of section 21 of the wealth-tax act, relating to assessment of discretionary trusts 'l11e amendment in sub-clause (a) is consequential to the prescription under clause 36 of the bill of a unlfled schedule of rates of wealth-tax applicable to indi viduals and mndu undivided families under the amendment in sub-clause (b), in computing the net we31th of a discretionary trust, the exemption in respect of investments in the following categories of financial &ssets speclfled in section 5(1) wlll not be allowedt-(a) deposits under any scheme framed by the central government and notified for purposes of section 5(1)(xv); (b) investments in small savings securities of the central government, referreli to in section 5(1)(xvl), including deposits in post office savings baak accounts and under the cumulative time deposit schemes; (c) securities of the central or state governments generally, referred to in section 5(1)(xxli); (d) shares in indian companies referred to in section 5(1)(xxill); (e) approved debentures of co-operative societies, etc referred to in section 5(1)(xxiv); (f) units in the unit trust of india referred to in section 5(1)(xxv); (g) deposits with banking companies, co-operative banks, co-operauve land mortgage banks and land development banks, referred to in sectlon 5(1)(xxvl); (h) deposits with approved financial corporations referred to in section 5(1)(xxvll); (1) shares in co-operative societies referred to in section 5(1)(xxvlil); and 0) deposits with co-operatlve societies, by their members, referred to in section 5(1)(xxix) this amendment wlll, however, not be appllcable in cases referred to in the provllo to section 21(4) thele amendments will come into force from 1st april, 1972 and will, therefore, apply for the usesament year 1972-73 and subsequent years clause 35 seeka to amend, with effect from 1st janibry, 1972, section 32 of the wealthtax act 1957 relating to the mode of recovery the amendment is consequential to the amendment made in the income-tax act, 1961 wlder clause 3(d) of the b111 clause 36 seeks to make certain amendments to the schedule to the wealth-tax act relating to rates of wealth-tax under the amendment in sul>-clause (a), the ~ schedule of ordinary wealth-tax applicable in the case of indi viduals and inndu undlvlde<l familles will be as follows:- 1 per cent ••• 2 per cent ••• 3 per o8nt ••• 8 per cent on the flrst hs5, 00 000 of net wealth on the next ra 5, 00, 000 of net wealth on the next 88500,000 of net wealth on the balance of the net wealth lt, net wealth in excess of bs15 00 000 however, no wealth-tax will be payable in a case where the net wealth does not exceed the following l1mjt:-(1) in the caee of an individual (u) in the case of a hindu undivided family 1,00000 2,00,000 further, it is bel provided by w8¥ of marginal rellef that the wealth-tax payable lha11, in no case exceed 10 per cent of the amount by whim tile net wealth exeeeds the ibove-mentioned exemption limit the amendment in 8u1>-clause (b) seeks to make certain couequential cba-es in the schedule the above amendmedts will come into foroe with effect from 1st april, 19'12 and will accordingly apply in relation to the assessment year 1972-73 and subsequent aaeessment years clause 37 seeks to make certain amendments in the gift-tax act 1958 sub-clause <a) seeks to amend the definition of "gift" in cla e (xu) of section 2 this amendment is consequential to the amendment of section 4 of the gift-tax act under sul>-clause (b) sub-clause (b) seeks to amend section 4 of the gift-tax kt under which certaln transfers are deemed to be gifts for the purposes of that act under the amendment, in a case where a member of a hindu undivided family oonverts his self-acquired properw 1nto joint family property, he shall be deemed to have made in favour of the family a ,1ft of so much of that property as the other members of tjae family would be entitled to l! a partition of that property had taken place immedluely after 8uch conversion 0,," the property this amendmeat ww take effect from 1st april, 1972 andwlll aooordinit" tpply in relation to the assesment year 1972-73 and subaequent years su~clause (c) seek to make certain amendments to _ctlon 6 of tbe gift-tax act, relating to exemption in respect of certain gifts theee liiilendments are of a clarl(yldg nature and will take effect retrospectively from 1st april, 1968 su~clause (d) seeks to amend, with effect from 1st january, 1972, beetlon 33 of the gift-tax act, relating to tj$ mode of recovery the amendment is consequential to the amendment made in the incom~tax act, 1961 under clause 3(d) of the blll sub-clause (e) seeks to amend section 45 of the gift-tax act which inter alia, excludes from the purview of the gift-tax act any gifts made by an institution or fund the income whereof is exempt from incom~tax under section 11 of the income-tax act under the amendment, a charitable institution or fund wlll not forfeit exemption from gift-tax in respect of dfts made by it merely because (a) subsequent to the gift, any income of the , institution or fund becomes chargeable to income-tax due to non-compllance with any of the provisions of section 11 of the income-tax act, relating to the application of income during the accounting year itself; or (b) the institution or fund forfeits exemption in respect of a part of its income which arises from investments made in a concern in which the founder of the institution or fund or his relatives have a substantial interes':, where the aggregate of the funds invested by the institution or fund in such a concern does not exceed 5 per cent of the capital of that concern the amendment shall be deemed to have come into force with effect from 1st april, 1971 and will accordingly apply in relation to assessments for the assessment year 1971-72 and subsequent years clause 38 seeks to make certain amendments to the coms-nies (profits) surtax act, 1964 &1~clause (a) seeks to amend section 18 of that act relating to the appllcatloo of certain provisions of the income-tax act for purposes of surtax the amendment 18 consequential to the insertion of a new clause (43b) in section 2 of the income-tax act under clause 3(d) of the bill this amendment will come into force on 1st january, 1972 sub-clause (b) seeks to substitute a new schedule for the existing third schedule to the companies (profits) &1rtax act, which sets out the rates of surtax under the schedule as substituted, surtax will be charged on the amount by which the chargeable profits exceed the amount of the statutory deduction at the following rates:-(1) on the amount of such excess up to 5 per cent of the amount of the capital as computed in accordance with the second schedule 25 per cent 30 per cent (11) on the balance of the excess 1b1s amendment will come into force with effect from the 1st april, 1972 and wlll aocording1y app1y for the assessment year 1972-73 and subsequent assessment years clause 39 read with the second schedule, seeks to raise the rates of basic import duty on-(i) horses of a value exceeding ra 2, 000 each; (11) ivory unmanufactured; (111) cloves; (iv) rubber tyres and tubes for motor vehicles; (v) staple fibre; (vi) asbestos manufactures, not otherwise specified; (vu) batteries for motor vehicles and parts thereof; (vl11) motor cycles and motor scooters and parts and accessories thereof; (ix) motor omnibuses imported completely assembled; (x) carriages and carts which are not mechanically propelled, not otherwise specified, and parts and accessories thereof; (xl) articles and parts thereof adapted for use as parts and accessories of motor vehicles other than motor cycles and motor scooters; (xl1) certain articles of stores on board a vessel or aircraft clause 40-alb-clause (i) seeks to levy excise duty on glucose and dextrose preparations sub-clause (11) seeks to levy excise duty on maida sub-clause (111) seeks to raise the rate of duty on motor spirit sub-clause (iv) seeks to raise the duty on mineral turpentine oil and to cruue the basis of assessment of uquefied petroleum gas from value to weight sub-clause (v) seeks to levy excise duty on compounded lubricating oils and greases and on calcined coke sub-clause (vi) seeks to levy excise duty on hydrogen peroxide, potasslmn permanganate, potassimn and sodimn bichromates and bicarbonate of soda alb-clause (vii) seeks to levy excise duty on l1pstlcks, perfumed hair oils and shampoos alb-clause (vlll) seeks to raise the rate of duty on soap manufactured with the aid of power, other than household and laundry soap sub-clause (lx) seeks to amend the: item relating to artificial and synthetic resins and plastics with a view towards clarification and to raise the rate of duty on polyurethane foam and articles made of polyurethane foam sub-clause (x) seeks to raise the rate of duty on latex foam sponge and unhardened plates, sheets and strips of rubber, whether vulcanised or not, and whether combined with any textile material or otherwise sub-clause (xl) seeks to levy excise duty on linoleum, ready-made garments and typew rlter ribbons sub-cl8wie (xli) seeks to raise the rate of dufiy on sheet glass and plate glass, and glassware ool otherwise specified sub-clause (xlu) seeks to raise the rate of duty on tableware and certain nonspecified articles of chlnaware and porcelalnware sub-clause (xlv) seeks to levy excise duty on mosaic tiles sub-clause (xv) seeks to amend the item relating to aluminium the amendment is of a clarifying nature sub-clause (xvi) seeks to levy excise duty on motor starters sub-clause (xvii) seeks to raise the rate of duty on electric lighting bulbs and fiourescent llghtlng tubes sub-clause (xvul) seeks to raise the rate of duty on electric fans other than those of a diameter not exceeding 406 centimetres and to levy excise duty on electric fans designed for use in an industrial system sub-clause (xix) seeks to levy excise duty on electrlci\), supply meters sub-clause (xx) seeks to levy excise duty on parts and accessories of motor vehicles and on forklift and platform trucks sub-clause (xxi) seeks to levy excise duty on cinematograph projectors and photographic cameras sub-clause (xxii) seeks to raise the rates of duty on crown corks and on pilfer proof caps sub-clause (xxiii) seeks to omit the rem relating to sparking plugs consequent on the new item referred to in sub-clause (xx) sub-clause (xxi v) seeks to amend the item relating to metal containers the amendment is of a clarifying nature 81b-clause (xxv) seeks to levy excise duty on rolling bearings, weldi~ electrodes, coated abrasives and grinding wheels bolts and nuts, and screws, zip or sude fasteners pressure cookers, vacuum flasks playing cards camphor mentbol, electric insulaung tapes and adhesive tapes not otherwise specified clause 41-sub-clause (1) seeks to raise the ceiling rate of iddltional excise duty (in lieu of sales tax) on cigarettes sub-clause (11) seeks to raise the rate of additional excise duty (in lieu of sales tax) on cotton fabrics clause 42 seeks to raise the oelling rate of additional excise duty on refined dlesel oils and vaporizing 011 chapter vii (containing clauses 43 to 51) jr0vldes for the levy of foreign travel tax in the case of international journeys by any ship or aircraft clause 44 defines "carrier:', "fare", "international journey", "passenger" and certain other expressions used in the chapter clause 45 provides for the levy and collection of the tax the tax wlll be levied in respect of every international journey by a passenger leaving for, or arriving from, a place abroad, where the fare for such journey is paid or is payable in lddlan currency the tax is to be levied at the rate of twenty per cent of the fare for such journey the tax is to be collected by the carriers undertaking the carriage of the passengers as an addition to the fare payable by them and paid to the central government clause 46 confers powers on the central government to grant exemptions (total or partial) from the payment of foreign travel tax clause 47 provides for penalties and adjudication of penalties the other clauses of the chapter deal with incidental and surplemental matters including the power of the central government to make rules and of the central board of excise and customs to make regulations clause 52 seeks to amend the first schedule to the indian post office act, 1898 with a view to increasing the postage rates for parcels clause 53 seeks to &medii section 30 of the deposit insurance corporation act, 1961 the effect of this amendmedt will be that the deposit insurance corporation will be exempted from tax on itel income for a further period of five accounting years from its accounting year commencing on the 1st january, 1972 clause 54 seeks to exempt from tax the income of the housing and urban development finance corporation private limited which is registered as a company under the companies act and is wholly owned by the government this exemption w1l1 apply for purposes of income-tax and surtax and w1l1 cover the income of the corporation for the 10 accounting years commencing from its accounting year which is the previous year for the assessment year 1971-72 clause 55 seeks to repeal section 2 of the finance act, 1971 final«: ial memorandum income-tax and other direct taxeswith a view to expeditious disposal of appeals against orders of tax recovery officers, it is proposed to vest the jurisdiction in respect of such appeals in departmental tax recovery commissloners accordingly clause 3(d) of the blll seeks to insert a new definition of "tax recovery commissioner" in section 2 of the income-tax act under this definition, commissioners of income-tax and assistant commissioners of income-tax may be authorised by the central government to exercise the functiodsof tax recovery commissioners 'l11e same officers wlll also function as tax recovery commissioners for purposes of the wealth-tax act, 1957 (vide clause 35 of the blll), the gift-tax act, 1958 !vlde elause 37(d) of the bqv and the companles (profits) surtax act, 1964 lvid';-clsuse 38(a) of the bi!!t as a result of this, the work-load with the commissioners of income-tax will increase to some extent to cope with this, for the present, it is envisaged that five additional posts of commissioners of income-tax will be needed in the existing scale of rs180o-100-200o-125/2-2250 the expenditure on this account, together with that on complementary staff and incidental expenses on administration, is estimated at rs5,20,ooo for a full year as indicated below since, however, the intention is that tlle tax be 00 very commissioners w1ll take up their positions with effect from 1st january, 1972,the additional expenditure during the current financial year wlll be of the order of rs 86, 667, ie, 1/6th of the expenditure for a full year no of annual posts expenditure ;c;;;;o;;;s;;;t __ _ rs rs a recurring expenditure l officers 27,768 8,496 1,38,840 42,480 5 5 commissioners of inoome-tax income-tax officers (headquarters) n staff 5 5 5 15 10 7,536 5,508 3,588 3,588 3,288 37,680 27,540 17,940 53,820 32,880 supervisors (grade ii) stenographers (sentor grade) stenographers (junior grade) upper division clerks lower division clerks m incidental expenses 1,29,480 incidental expenses ieluding class iv staff b non-recurring expenses35,000 furniture, office equlpment,etc 515660 520000 total or say indirect taxesclause 40 seeks to levy new excise duties on a number of articles suoh as oompounded lubrioatlog oils and greases, maida, ready-made garments, motor vehiole ibrts, rollldg bearldgs zip fasteners, mosaic t11es, pressure cookers, etc albrt from these new levies, the enlargement of the tariff descriptions in respect of certain existing items like chemicals, electric fans, cosmetics, etc will bring in more factories under excise coverage withdrawal of exemptions in the case of traotors for agrioultural purposes, gales, etc,w1l1 also brldg in many units lato the dutiable sector these new levies and amendments made in the existing tariff and withdrawals of exemptions, will necessitate employment of additional staff not only in the field formations, but also in the statistics and intelligence branch (central excise), the directorate of inspection (central excise), the directorate of drawback, the directorate of tax research and the secretariat following this expansion in the coverage of central excise tariff it will be necessary-| (a) | to strengthen | the | higher | supervision | over | tariff | classification ||-------------------------------------|------------------|------------------------|-----------------|------------------|---------------------------|------------|-------------------|| and valuation of goods | in | the | collectorates | of | central | excise | || where a | larger | number | of | staff | will have | to | be || the executive | | | | | | | || ministerial | as | well | as | higher | supervisory | | || grades | and | this | would involve | an | additiolbl expenditure of | •••• | rs || (b) | | | | | | | || rs | o | 62 lakhs | | | | | || to keep a | close | watch on the | trends | and | patterns | | || of | | | | | | | || pro- | | | | | | | || duction, consumption | and | price | movement of new | excisable | | | || goods which will | necessitate | augmentation | | | | | || of | | | | | | | || the | statistics | | | | | | || add | | | | | | | || intelligence | branch | (central | excise) | in | exeoutive and | | || ministerial | grades | and | this | would involve | an | additlolbl | || expenditure of | | | | | | | || | | | | | | | || (c) | | | | | | | || to strengthen the regional units of | | | | | | | || the | directorate | of | | | | | || inspection (central | excise) | and | its | headquarters | with a | | || rs | | | | | | | || o | 93 | | | | | | || lakhs | | | | | | | || view | to | deal | more | effectively with | the | procedural | problems || arising | out of new | levies | and | this | would involve | an | additiolbl || expenditure of | | | | | | | || (d) | | | | | | | || to | provide the | necessary | number | of | officers | and | staff || secretariat | of the board and | the | ministry | including the | | | || directorates | of drawback | and | tax | research | for | deauog | || with | increased | work | arisldg | out of | the | new | levies || would | | | | | | | || involve | an | additional expenditure | | | | | || of | | | | | | | || rs245 | lakhs | | | | | | || ---- | | | | | | | || rs | 41 | 00 | lakhs | | | | || total | recurriog | expenditure | | | | | |besides the above items of annual recurring expenditure, the following non-recurring expenditure wlll also have to be incurred:-| | rs200 | lakhs ||----------------|---------------|-------------|| (a) | incidental | expenses, || contingencies, | etc | || rs200 | lakhs | || (b) | | || furniture, | office | || equipment | | || ,etc | - | || total | non-reourring | expenditure || rs4600 | lakhs | || grand total | | | poreiln travel taxso far as the enforcement of the provisions in chapter vb relating to foreign travel tax is conoerned, it is proposed to utll1se the existing machinery of the customs and central excise departments for the purpose however, it will be necessary to incur expeml1ture towards payment of collection charges to the carriers, which w1ll be determined by rules made under sub-clause (2)(a) of clause 49 of the bul, in this behalf, and laid before parliament in due course the exact expenditure to be incurred (which is of a recurring nature) cannot be estimated at this stage but it i8 not likely to exceed rss lakhs in a year the provisions do not involve any expedditure of a noll-recurring nature memorandum regarding delegated legislationclause 3(a) seeks to substitute a new clause for existing clause (17) of section 2 of the income-tax act, relating to definition of "company:' under sub-clause (iv) of clause (17) as substituted, the central board of direct taxes wfll have the power to declare by general or special order that any institution, asaociatton or body, whether incorporated or not, and whether indian or non-indian will be treated as a company for the purposes of the income-tax act and this power, which is ava:llable to the board under the existing clause (17), is now being specifically made exercisable even in relation to any such past assessment year or years as may be specified in the declaration the declaration is ordinarily made only at tile request of the institution,association or body and in the interest of uniformity of treatment, it is necessary to make the power exercisable even in relation to a past u8es8-ment year, clause 3(b) seeks to amend clause (18) of section 2 of the income-tax act relating to the definition of the term "oompany in-which the public are substantially intere8ted" under new sub-clause (ab) of the said clause (18), the central board of direct tubs ww have the power to direct that a company having no share capital shall be treated as a company in which the public are substantially interested such direcuon wm be made by the board having regard to the objects of the company the nature add composition of it8 membership and other relevant considerations any such direction may be made by the board even in respect of a past assessment year this is necessary to remove practical difficulties in the assessment of companies having no share capital the power conferred on the board has to be exercised on the basis of the guidelines 1ndicaied in the provision clause 19 seeks to amend section 80mm of the income-tax act, relating to the deduction in the case of an indian company in respect of royalty etc, received from an indian concern so as to enlarge the scope of that section to cover resident assessees other than companies the deduction under the amended section wfll be admissible only where the accounts of the non-corporate assessee for the relevant previous year have been audited by a chartered accountant or other accountant who is qualified to audit the aocounts of companies and the report of such audit in a form to be prescribed by rules is furnished along with the return of inoome clause 21 seeks to substitute a new section for section 800 of the income-t3x act, relating to deduction in respect of royalty etc •• received by an indian company from a foreign company in consideration for ~oviding technical know-how or technical services as under seotion 80mm referred to above the deduction under seotion 800 is also being extended to resident assessees other than companies subject to the condition that the accounts of such assessee for the relevlllt previous year are audited by a ohartered aocountant or other accowltant who is qualified to audit the accounts of companies and the report of such audit in a form to be prescribed by rules is furnished along with the return of income clause 27 seeks to amend section 230a of the income-tax act which prohibits the registration of transfer of any immovable property unless a certificate by the income-tax officer has been produoed before the registering authority to the effect that the transferor has paid or made satisfactory provision for payment of all existing liab1l1ties udder certain direct &axes e ctments under sub-clause (e) of thi8 olause, a new sub-8ection (3) i8 proposed to be in8erted to oodfer power on the central board of direct taxes to exempt for reasons to be tecorded in writinc, any in8titutlon, a88oclation or body or any class of iilsututlons, associations or bodies from the requirement of obtaining a tax clearance certificate under this section the power of exemption under the proposed new sub-section (3) can be exerclsed only for proper reasons to be recorded in writing clause 29 seeks to amend that part of the rules contained in the second schedule to the income-tax act which relate to appeals against orders of tax recovery officers the amendments are designed to provide for the exercise of powers under the rules by a commissioner or assistant commls810ner of income-tax who is authorised under new clause (43b) of section 2 of the income-tax act to perform the functions of a tax recovery commissioner clause 29(d) seeks to amend rule 92 of the rules contained in the second schedule so as to empower the board to nake rules regulating the procedure to be followed by tax recovery commissioners and the areas within which they may exercise jurisdiction (n chapter vu relating to foreign travel tax clause 49 empowers the central government to make rules to carry out the purpo8es of the chapter the important matters in respect of which 8uch rules may be made relate, inter alta to the as8e8sment and collection of the tax includlng the charge8 for collection payable to carriers the specification of authorities competeat to function udde r the chapter, the procedure for adjudication of penalties, the recovery of amounts due by way of tax, the powers of authorities in respect of entry inspection add search and appeal and revision in the case of orders made under the chapter clause 50 confers power on the central board of excise and customs to make regulations consistent with the provisions of chapter vu and the rules made thereunder ld respect of returns and other particulars and idformation to de furnished by carriers and supplemental matters clause 48 empowers the central govemment to issue exemption notifications in respect of any class of passengers or any category or categories of passengers under such class, as well as lddivid_1 cases of passengers in the public interest or, as the case may be, having regard to the spec1bi circumstances of any passenger and the purpose of his journey the aforesaid matters are all matters of procedure and admlniatratlve detail which it is not practicable to provide ill the bill itself moreover the powers conferred are ldtended to provide for a certain amount of fiex1biuty the deleptlon of legislative power is of a dormal character billto give effect to the financial proposals of the central government for the ftnanc1al year 1971-72 and to provide for the levy of foreign travel tax ( shri yb chili, vutca mglltri mil'"'' of fil_' e) | Parliament_bills | d651e1a6-0801-5d30-9ea2-f1b45707b113 |
bill no 211 of 2016 the employee's compensation (amendment) bill, 2016 a billfurther to amend the employee's compensation act, 1923be it enacted by parliament in the sixty-seventh year of the republic of india as follows:—1 (1) this act may be called the employee's compensation (amendment) act, 2016short title and commencement5(2) it shall come into force on such date as the central government may, by notificationin the official gazette, appoint2 in the employee's compensation act, 1923 (hereinafter referred to as the principal act), after section 17, the following section shall be inserted, namely:—8 of 1923insertion of new section 17a10"17a every employer shall immediately at the time of employment of an employee,inform the employee of his rights to compensation under this act, in writing as well as through electronic means, in english or hindi or in the official language of the area of employment, as may be understood by the employee"duty of employer to inform employee of his rights3 in the principal act, in section 18a, in sub-section (1),—amendment of section 18a(i) in clause (d), for the word and figures "section 16,", the words and figures"section 16, or" shall be substituted;(ii) after clause (d), the following clause shall be inserted, namely:—"(e) fails to inform the employee of his rights to compensation as required under section 17a,";5(iii) in the long line, for the words "which may extend to five thousand rupees", the words "which shall not be less than fifty thousand rupees but which may extend to one lakh rupees" shall be substitutedamendment of section 30104 in the principal act, in section 30, in sub-section (1), in the first proviso, for the words "three hundred rupees", the words "ten thousand rupees or such higher amount as the central government may, by notification in the official gazette, specify" shall be substituted5 section 30a of the principal act shall be omittedomission of section 30a statement of objects and reasonsthe employee's compensation act, 1923 provides for payment of compensation to the employees and their dependants in the case of injury by industrial accidents including certain occupational diseases arising out of and in the course of employment resulting in death or disablement2 the law commission of india, in its 62nd report of 1974 and 134th report of 1989, recommended to review or amend or repeal various provisions of the employee's compensation act, 1923 some recommendations made by the law commission of india have already been implemented3 now, it has been decided to make the following further amendments to the employee's compensation act, 1923 based on the other recommendations of the law commission contained in the above reports, namely:—(a) making it obligatory on the employer to inform the employee of his rights to compensation under the act, in writing as well as through electronic means;(b) to enhance the penalty amount for various violations under the act from the existing amount of five thousand rupees to fifty thousand rupees which may be extended to one lakh rupees;(c) to make the employer liable to penalty for failure to inform the employee of his rights to compensation under the act;(d) to revise the minimum amount involved in the dispute for which appeal can be filed to the high court, from the existing three hundred rupees to ten thousand rupees or such higher amount as the central government may, by notification, specify;(e) to omit section 30a of the act which empowers the commissioner to withhold payment to an employee of any sum in deposit with him where an appeal is filed in the high court by an employer this omission will provide relief to the employees as the amount can now be withheld only when there is a stay or order to that effect by the high court in cases where the appeal has been filed by the employer 4 the bill seeks to achieve the above objectsnew delhi;bandaru dattatreyathe 29th july, 2016 annexure extracts from the employee's compensation act, 1923 (8 of 1923)| | | | | ||------|------|------|------|-----|penalties18a (1) whoever—| | | | | ||------|------|------|------|-----|(d) fails to make a return which he is required to make under section 16, shall be punishable with fine which may extend to five thousand rupees| | | | | ||------|------|------|------|-----|appeals30 (1) an appeal shall lie to the high court from the following orders of a commissioner, namely:—(a) an order awarding as compensation a lump sum whether by way of redemption of a half-monthly payment or otherwise or disallowing a claim in full or in part for a lump sum;(aa) an order awarding interest or penalty under section 4a; (b) an order refusing to allow redemption of a half-monthly payment; (c) an order providing for the distribution of compensation among the dependants of a deceased workman, or disallowing any claim of a person alleging himself to be such dependent;(d) an order allowing or disallowing any claim for the amount of an indemnity under the provisions of sub-section (2) of section 12; or(e) an order refusing to register a memorandum of agreement or registering the same or providing for the registration of the same subject to conditions: provided that no appeal shall lie against any order unless a substantial question of law is involved in the appeal and, in the case of an order other than an order such as is referred to in clause (b), unless the amount in dispute in the appeal is not less than three hundred rupees:provided further that no appeal shall lie in any case in which the parties have agreed to abide by the decision of the commissioner, or in which the order of the commissioner gives effect to an agreement come to by the parties:provided further that no appeal by an employer under clause (a) shall lie unless the memorandum of appeal is accompanied by a certificate by the commissioner to the effect that the appellant has deposited with him the amount payable under the order appealed against| | | | | ||------|------|------|------|-----|30a where an employer makes an appeal under clause (a) of sub-section (1) of section 30, the commissioner may, and if so directed by the high court shall, pending the decision of the appeal, withhold payment of any sum in deposit with him| ||-------------|| withholding || of certain || payments || pending || decision of || appeal |———— a billfurther to amend the employee's compensation act, 1923————gmgipmrnd—2053ls(s3)—01-08-2016 | Parliament_bills | f546bc0b-c8e0-55a9-b76a-46e85824434f |
bill no 125 of 2018 the anganwadi workers (empowerment and welfare) bill, 2018 byshrimati supriya sule, mp a billto constitute an anganwadi workers welfare authority to provide for performance based pay to anganwadi workers and helpers, regularise their employment, recognise the unpaid work done by anganwadi workers and protect their right to financial entitlement, increase their wages and index them to inflation, provide for penalty to be paid to workers in case of delay in the payment of their monthly wages, redefine their job role and increase their responsibilities, make affordable healthcare accessible to anganwadi workers, helpers and their families through health insurance scheme and healthcare coupons, provide for paid maternity leave, social security and pension benefits to anganwadi workers, improve access to education among children of anganwadi workers through scholarships and reservations, provide for quota in all government jobs for children of anganwadi workers and for all matters connected therewith or incidental theretobe it enacted by parliament in the sixty-ninth year of the republic of india as follows:—1 (1) this act may be called the anganwadi workers (empowerment and welfare)act, 2018short title, extent and commencement(2) it extends to the whole of india5(3) it shall come into force on such date, as the central government may, by notification in the official gazette, appointdefinitions2 in this act, unless the context otherwise requires,—10(a) "anganwadi worker" means a woman employed to provide additional and supplementary healthcare and nutritional services to children and pregnant women under the integrated child development services scheme (icds scheme);(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;15(c) "authority" means the anganwadi workers' empowerment and welfare authority constituted under section 3;(d) "placement agency" means any agency or contractor, whether registered or otherwise, engaged in the placement of children of anganwadi workers with prospective private employers; and(e) "prescribed" means prescribed by the rules made under this act203 (1) with effect from such date as the central government may, by notification, appoint, there shall be constituted, an authority to be known as the anganwadi workers empowerment and welfare authority(2) the authority shall consist of—constitution of the anganwadi workers empowerment and welfare authority(a) the union minister of women and child development - ex-officio, chairperson;25(b) the union ministry of health and family welfare - ex officio, vice-chairperson; (c) the director general of health services, union ministry of health and family welfare - ex-officio member;30(d) the secretaries of the union ministries of women and child development, health and family welfare and statistics and programme implementation - ex-officio members;(e) the chairperson, national commission for women - ex-officio member;(f) the director, national institute of health and family welfare - ex-officio member;35(3) the central government shall appoint such number of officers and staff as it considers necessary for the efficient functioning of the authority(4) the salary and allowances payable to and other terms of conditions of services of officers and staff of the authority shall be such as may be prescribedmeetings of the authority404 (1) the authority shall meet at such times and places and shall observe such rules of procedure in regard to transaction of business at its meetings as may be prescribed(2) the expenditure incurred to attend meetings by the members referred to in subclauses (a) to (f) of section 3, shall be borne by their concerned controlling authorities5 the authority shall, under guidance of the appropriate government,—functions of the authority(a) formulate a comprehensive policy for welfare of anganwadi workers;(b) forward such information as it may deem necessary to departments of the state governments;5(c) undertake a baseline study to collect comprehensive data about anganwadiworkers and their families, nutritional and health status of children (below six years of age) and pregnant women within one year of its establishment; and10(d) formulate a policy to redefine responsibilities of anganwadi workers andanganwadi helpers to include, but not limited to, participation in health screening programs for especially cancer in women, public awareness activities for all sectors of health, sanitation, education, road safety and any other such service, within one year of its establishment; and(e) discharge such other functions as may be assigned to it by the centralgovernment:15provided that the roles and responsibilities of anganwadi workers and anganwadi helpers, prescribed under clauses (c) and (d) shall be in addition to the functions already carried out by them under the integrated child development services scheme (icds scheme)6 (1) the authority shall recommend to the central government to regularise the service of anganwadi workers and anganwadi helpers and confer the status of permanent government employees on such workers and helpers20(2) the authority shall, in consultation with the state governments, decide the formula and criteria for determination of wages of anganwadi workers and anganwadi helpers:regularisation of employment of anganwadi workers and anganwadi helpersprovided that the wages and other incentives including bonus to be paid anganwadi workers and anganwadi helpers shall be directly linked to the improved nutritional status of children and pregnant women under their care:provided further that the wages of anganwadi workers and helpers shall be indexed to market inflation257 (1) the appropriate government shall pay interest at such rate as may be determined for any delay in —(a) payment of wages and performance related bonuses to be paid to theanganwadi workers and anganwadi helpers; and30(b) transfer of funds to anganwadi centres for providing nutritional supplementsto children, pregnant women and its normal functioning:penalty to be paid by the appropriate government for delay in payment of wages and transfer of funds to anganwadi centresprovided that if the delay is in the payment of central government share of wages to the anganwadi workers and anganwadi helpers or its contribution to the anganwadi centres, then the central government shall pay monthly interest at the rate of twenty per cent, on its wage share for the entire delay period:35provided further that if the delay is in the payment of state government's share of wages to the anganwadi workers and helpers or its contribution to the anganwadi centres, then the respective state government shall pay monthly interest at the rate of fifteen per cent on its wage share for the entire delay period:40provided also that where the delay in payment of the central government and the state government share is more than a month then the interest shall be compounded monthly458 (1) in cases of vacancies in posts of supervisors, workers or helpers at the anganwadicentres, and where the existing workers or helpers are burdened with performing additional responsibilities of the posts lying vacant, such workers or helpers shall be paid additional salary for undertaking such additional workvacancies in posts at anganwadi centres and joint responsibilities(2) in case of delay in the payment of additional salary under sub-section (1), the provisions of payment of interest as mentioned under section 7 shall apply(3) the appropriate government shall fill the vacancy within two months from the date on which such post becomes vacant59 (1) the authority shall impart pre-service and in-service training to anganwadi workers and anganwadi helpers and also initiate capacity building programme for such workers and helpers to enable them to carry out their responsibilities in the best possible way(2) the training under sub-section (1) shall include—training of anganwadi workers and anganwadi helpers and computerisation of health records10(a) training in maintenance of health and nutritional records of children, pregnant and lactating women in digital form; and(b) bimonthly training in digital and medical technologies10 (1) the appropriate government shall—15(a) provide qualitative and affordable healthcare to anganwadi workers and their families including their spouse, children and parentshealthcare facilities and coupons for families of anganwadi workers and helpers(b) provide healthcare coupons to anganwadi workers that may be redeemed for free healthcare in private hospitals 11 (1) the anganwadi workers and anganwadi helpers shall be entitled to paid maternity leave20maternity benefits to anganwadi workers and helpers(2) the cost of paid maternity leave shall be borne by the appropriate government on the basis of the cost sharing ratio on which the monthly wages are paid12 the anganwadi workers and anganwadi helpers shall be entitled to pension and other social security benefits, to be paid by the appropriate government, on the basis of the cost sharing ratio on which wages are paidpension and social security benefits to anganwadi workers and helpers2513 (1) the central government shall provide scholarship to children of anganwadi workers and helpers till completion of their school education(2) the central government shall, in consultation with the state government, reserve five per cent of seats in all government schools and colleges in favour of children of anganwadi workers and anganwadi helpersscholarships and reservation in schools and colleges to children of anganwadi workers and helpers3014 (1) the central government shall reserve three per cent of jobs in the public sector in favour of children of anganwadi workersreservation in public sector jobs to children of anganwadi workers(2) the central government shall, in consultation with the authority, determine the relevant principles and criteria for providing reservation in favour of children of anganwadi workers helpers in job under the state35constitution of placement agency15 the authority shall, in consultation with the appropriate government, constitute a placement agency to engage the children of anganwadi workers with prospective private employers4016 the state government shall direct supervisors and child development project officers to visit the anganwadi centres and families of anganwadi workers every month, and submit a report to the appropriate government apprising the working conditions of anganwadi workers and anganwadi helpers alongwith benefits being provided under welfare schemes and policies formulated under this act and the functioning of the anganwadi centres in such manner as may be prescribedmonthly supervision of anganwadi centres and report submission by child development project officers17 the health, education, employment and such other welfare measures to be provided to anganwadi workers and helpers under this act shall be in addition to the benefits already available to such workers and helpersbenefits to anganwadi workers over and above the present benefits5annual report and its laying before the parliament18 (1) the authority shall prepare once every year, as may be prescribed, an annual report giving the summary of its activities, including schemes implemented, recommendations made to the appropriate government and statements of its annual accounts and submit the same to the central government(2) the central government shall cause the annual report of the authority to be laid, before each house of parliament within a period of one year from the date of receipt of such report10 19 the central government shall, from time to time, after due appropriation made by parliament by law in this behalf, provide requisite funds for carrying out the purposes of this actcentral government to provide funds15power to remove difficulties20 if any difficulty arises in giving effect to the provisions of this act, the central government, in consultation with the state governments, may make such order or give such direction, not inconsistent with the provisions of this act, as appears to it to be necessary or expedient for the removal of any difficulty:provided that no such orders shall be made after the expiry of the period of three years from the date of commencement of this act20power to make rules21 (1) the central government may, by notification in official gazette, make rules forcarrying out the purposes of this act2530(2) every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament or, as the case may be, each house of the state legislature, while it is in session, for a total period of thirty days which may be comprised in one session or two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive, sessions aforesaid, parliament or, as the case may be, the state legislature agrees in making any modification in the rule or agrees 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 reasonshealthcare workers are an important link between the healthcare providers and community, and are instrumental in raising awareness about health related risks, especially in rural areas study undertaken about functioning of the anganwadi centres proved that interventions by anganwadi workers and helpers can help in early detection and appropriate management of preventable childhood disabilities like malnutritionas per the national family health survey (nfhs), the malnutrition in children (below five years of age) reduced to 357 per cent in nfhs-4, compared to 425 per cent in nfhs-3anganwadi sevikas who work at the grassroot level are major contributors for this reduction in malnutrition anganwadi workers are responsible for actual delivery of healthcare and education services under the government's integrated child development services scheme (icds scheme) the national early childhood care and education (ecce) policy of the central government notified in the year 2013, envisaged anganwadi centres as vehicles of ecce service delivery anganwadi sevikas undertake a range of crucial functions and are responsible for conducting real time monitoring of malnutrition among children and lactating mothers, organise immunization drive along with auxiliary nurse midwife (anm), maintain growth monitoring charts to track and assess the nutrition status of children, maintain records (including registrations of births and deaths), provide pre-school and health education, distribute supplementary nutrition, undertake health check-ups and referral services among othersthe importance of anganwadis is also reflected in the renaming of icds scheme as anganwadi services scheme the anganwadi sevikas are equipped with increasing responsibilities over the years under access to justice project, the anganwadis also aid in facilitating access of legal services to marginal communities as per the centre for equity studies report, the burden of non-icds work on the anganwadi workers was high, as reflected in the percentage of anganwadi workers mobilised for other non-icds work for instance, in 2014, 17 per cent of anganwadi workers were mobilised for panchayat related work, 46 per cent, for pulse polio, 42 per cent, for election work and 22 per cent for other work thus, on an average 63 per cent of the anganwadi workers were mobilised for non- icds work in 2014 there is need to increase the role and responsibilities of anganwadi workers by including participation in health screening programs for especially cancer in women, public awareness activities for all sectors of health, sanitation, education, road safety, among others despite the importance of the functions they perform and their ever increasing responsibilities, they are not entitled to any wages but are paid a meager amount of honorarium by the central and the state governments as per the cost sharing ratio while a respective state's contribution to the honorarium varies, the central government pays its share of monthly honorarium to the anganwadi workers and anganwadi helpers at the rate of rs 3,000/- and rs 1,500/- respectively recognition of the relatively unpaid care work done by women anganwadi workers and right to financial entitlements, job security and other employment related benefits is also required the 45th indian labour conference has also recommended the recognition of this scheme workers (including anganwadis under integrated child development services scheme) as regular workers stipulating them with minimum wages and social security benefitsin context of their changing responsibilities and roles, there is need to regularise anganwadi workers and anganwadi helpers and confer the status of permanent government employees to them the payment and bonuses are required to be based on the nutritional status of children, rather than keeping them fixed as per the research undertaken by bill and melinda gates foundation, the performance pay and bonuses paid to healthcare workers based on the nutritional status of children in their care, proved to be effective in improving the nutritional status of children, compared to fixed bonuses while this initiative reduced the prevalence of underweight among children five percentage points, height of the children increased by one centimeter, in a short span of three monthsthe wages paid to the anganwadi workers and helpers shall be indexed to inflation as per the progress of children under six report, 2016 released by the centre for equity studies, 35 per cent of the anganwadi workers were not paid their wages on time to counter the problem of delay in wages to anganwadi workers and budget for buying nutritional supplements at anganwadi centres, a monthly interest at the rate of 20 per cent and 15 per cent respectively on the delayed amount for the entire period of delay should be paid by the central and the state governments the interest shall be compounded, if the delay period is more than a monthto deal with the issue of vacancies in posts at anganwadi centres and the resulting work overload, the provision for payment of wages for both positions to the anganwadi performing tasks related to both posts has to be made and any delay in payment shall be subject to penalty conditionsalso participation of anganwadi workers in the health screening programs is necessarythe medical research institutes in india undertook health screening program involving the anganwadi workers by training them of the risks of cancer and various tests for cancer this has shown positive results with the number of people attending the health care camps for screenings, followed by diagnosis and treatment increased, especially for cancer screening among indian women to keep the workers up to date with the evolving technologies, frequent pre-service and in-service training and capacity building programme is required the compulsory computerisation of health records and requisite training and technology for the same is also necessaryqualitative and affordable healthcare to anganwadi sevikas through healthcare coupons which can be redeemed for free healthcare at private hospitals is required which can be availed by these anganwadi workers and their spouse, children and parents these anganwadi sevikas shall also be entitled to get paid maternity leave, the cost of which shall be shared by both the central and the state governments in the same cost sharing ratio as the wages the provisions of pension after the retirement and other social security benefits to be paid to anganwadi workers and helpers by the government to overcome the pitiable conditions of the anganwadi workers and anganwadi helpers also to provide access to education, scholarships to children of anganwadi workers till their completion of school education shall also be granted further, provision of reservation of atleast five per cent of seats in all government schools and colleges, 3 per cent of jobs in the public sector for children of anganwadi workers and helpers be made placement agency is required to be constituted to engage children of anganwadis with prospective private employers monthly supervision of anganwadi centres and anganwadi household by child development project officers (cdpos) to ascertain whether the benefits which are in addition to the services allocated to them under the present icds scheme to anganwadi workers' families are being realized or notthe bill, therefore, champions for the rights and welfare of the anganwadi workers and anganwadi helpers by mandating the government to allocate the anganwadi workers and anganwadi helpers their due share of entitlements viz, wages and bonuses, healthcare and education services, pension and social security benefitshence this billnew delhi;supriya sulejuly 2, 2018 financial memorandumclause 3 of the bill provides for the constitution of the anganwadi workers'empowerment and welfare authority it also provides appointment of such number of officers and staff for its functioning clause 4 provides for meetings of the authority to observe rules of procedure for transaction of business clause 8 provides for additional salary to the anganwadi workers for undertaking additional responsibilities clause 9 provides for training of anganwadi workers and helpers clause 10 provides for affordable healthcare services and coupons to anganwadi workers and anganwadi helpers clause 11 provides for paid maternity leave to anganwadi workers and anganwadi helpers clause 12 provides for pension and social security benefits to the anganwadi workers and anganwadi helpers clause 13 provides for scholarships and reservation in educational institutions and in job in public sector in favour of children of anganwadi workers and helpers clause 15 provides for constitution of a placement agency to engage children of anganwadi workers and anganwadi helpers with prospective private employers clause 19 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 expenditure from the consolidated fund of india it is estimated that a recurring expenditure of five thousand crore rupees would be involved per annuma non-recurring expenditure to the tune of rupees two hundred crore is also likely to be involved memorandum regarding delegated legislationclause 21 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 constitute an anganwadi workers welfare authority to provide for performance based pay to anganwadi workers and helpers, regularise their employment, recognise the unpaid work done by anganwadi workers and protect their right to financial entitlement, increase their wages and index them to inflation, provide for penalty to be paid to workers in case of delay in the payment of their monthly wages, redefine their job role and increase their responsibilities, make affordable healthcare accessible to anganwadi workers, helpers and their families through health insurance scheme and healthcare coupons, provide for paid maternity leave, social security and pension benefits to anganwadi workers, improve access to education among children of anganwadi workers through scholarships and reservations, provide for quota in all government jobs for children of anganwadi workers and for all matters connected therewith or incidental thereto————(shrimati supriya sule, mp) | Parliament_bills | 248fd1f8-08ac-567a-8ddd-0c2ce8026890 |
bill no 34 of 2007 the integrated child development services (regularisation) bill, 2007 by shri ck chandrappan, 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 fifty-eighth year of the republic of india as follows:—1 (1) this act may be called the integrated child development services (regularisation)act, 2007short title, extent and commencement(2) it shall extend to the whole of india5(3) it shall come into force on such date as the central government may, by notification in the official gazette, appointdefinitions2 in this act, unless the context otherwise requires,—10(a) "anganwadi centre" means any 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;(b) "appropriate government" means in case of a state, the government of that state and in all other cases, the central government; and(c) "prescribed" means prescribed by rules made under this act53 on and from such date as the central government may by notification in the official gazette appoint, the existing integrated child development services for the overall development of children shall be deemed to be regularized and institutionalized under this act in such manner as may be prescribed4 (1) the appropriate government shall establish adequate number of anganwadi centres in every settlement or village throughout the country10regularisation and institutionalization of integrated child development schemes setting up of adequate number ofanganwadicentres(2) the appropriate government shall make available land, building and all basic facilities including nutritious meal, educational games, toys, stationery items, books, television sets, computers and all other materials required for the overall development of children and facility of pre-natal and post-natal care to infants and mothers at every anganwadi centre15(3) the appropriate government shall regulate the functioning of anganwadi centres, through such bodies of local self-government, as may be prescribed 5 (1) in every anganwadi centre requisite number of anganwadi teachers and anganwadi assistants shall be appointedappointment of 'anganwadi teachers and anganwadi assistants'(2) the 'anganwadi workers' and 'helpers' working in the existing anganwadi centres shall hereafter be known as 'anganwadi teachers' and 'anganwadi assistants', respectively20 6 (1) the central government shall set up a committee to be known as the national committee 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:—25(i) suggest measures to streamline the functioning of anganwadi centres;national committee for the welfare of persons working in anganwadi centres(ii) identify and recommend about areas where new anganwadi centres need tobe opened keeping in view the number of incidences of malnutrition reported among children and women living in that area;(iii) monitor the functioning of anganwadi centres particularly in the areas whereincidences of malnutrition of children and women are reported;30(iv) conduct foundation training course for anganwadi teachers andassistants;(v) prescribe the educational qualification and other criteria for appointment asanganwadi teachers and assistants;35(vi) regulate conditions of service including working hours, salary, allowances,over-time, honorarium, leave, provident fund and other benefits including maternity benefits for anganwadi teachers and assistants;(vii) provide free health care to anganwadi teachers and assistants and theirminor children;40(viii) provide insurance cover to anganwadi teachers and assistants; and(ix) suggest any other measures for the overall development of children andwomen and efficient functioning of anganwadi centres7 (1) every anganwadi teacher and assistant shall undergo foundation training course in such manner as may be prescribed:provided that the foundation training course shall be optional for all anganwadi teachers and assistants who have attained the age of fifty years:foundation training course for anganwadi teachers and assistants5provided further that any anganwadi teacher or assistant who has attained the age offifty years and who does not opt for foundation training course shall not be entitled for any benefit under the provisions of this act10(2) within one year from the commencement of this act, every anganwadi teacher or assistant below the age of fifty years shall furnish a declaration stating therein his willingness to join the foundation training course as provided under sub-section (1)(3) any anganwadi teacher or assistant below the age of fifty years who does not furnish the declaration and does not opt for foundation training course as provided under sub-section (1) and (2) shall be compulsorily retiredrelease of funds158 the central government shall, after due appropriation by the parliament, releasethe necessary funds to the national committee for effective implementation of the actpower to remove difficulties9 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 provision, not inconsistent with the provisions of this act, as may appear to it to be necessary or expedient for removing such difficulty20power to make rules10 the central government may, by notification in the official gazette, make rules forcarrying out the purposes of this act 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 for giving 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 anganwadi centres it is a fact that the integrated child development services (icds) has grown by leaps and bounds with the 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 them 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 the credit of success of the integrated child development services scheme goes 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 savings, providing health care, group insurance or non-formal education despite their yeoman's service to the people at the grassroots level, the demand for seeking regularization and institutionalization of services is not being agreed to by the government therefore, in recognition of their services, they need improvement in their service conditions and remunerations there is also need for 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 the all-round development of children and expansion of anganwadi centres for effective implementation of the schemehence this billnew delhi;ck chandrappanfebruary 19, 2007 financial memorandumclause 3 of the bill provides for institutionalization of the integrated child development services by the central government clause 4 provides for setting up of adequate number of anganwadi centres with all basic facilities in every settlement clause 5 provides for appointment of anganwadi teachers and assistants clause 6 provides for setting up of a national committee for the welfare of persons working in anganwadi centres clause 8 provides that the central government shall release necessary funds to the national committee for effective implementation of this bill the state government shall incur expenditure in respect of their state out of their respective consolidated funds for implementing the provisions of this bill the bill, 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 10 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 ck chandrappan, mp)mgipmrnd—850ls(s-3)—07032007 | Parliament_bills | 16e12f49-ad1e-58fd-aad2-e0edbe842f2a |
bill no 2 of 2008 the constitution (amendment) bill, 2008 by shri ck chandrappan, mp a billfurther to amend the constitution of indiabe it enacted by parliament in the fifty-ninth year of the republic of india as follows:—short title1 this act may be called the constitution (amendment) act, 2008 statement of objects and reasonsthe parliament has recently enacted a well intentioned legislation namely, 'the maintenance and welfare of parents and senior citizens act, 2007' the enactment provides for entitlement of maintenance to a senior citizen including parent who is unable to maintain himself from his own earning or out of the property owned by him against one or more of his children not being a minor, and in the case of a childless senior citizen against his relatives who would inherit his property failure in fulfilling this responsibility by the children or relatives would attract punishment neglected parents have been given the right to get legal remedyone of the glaring shortcomings in this enactment is that it would only benefit the senior citizens who are rich enough to own property for the poor, who own no property, the enactment provides that the states may establish old age homes in a phased manner, at least one such old age home in each district, to accommodate senior citizens who are indigentthere is a large number of poverty stricken people in our society whose income is so small that they are not in a position to take care of their own minimum needs in such a situation, it is not reasonable or realistic to expect that they would take care of their old parentsit would be proper if the gram panchayats are constitutionally empowered to take care of the welfare of the senior citizens if that is done, the centre and state governments would be responsible to extend financial support to the scheme of building old age homes and to provide sufficient infrastructure to meet this stupendous taskthe bill seeks to provide that the task of maintenance and welfare of senior citizens including running of 'senior citizens homes' and 'day care centres' for senior citizens be handed over to gram panchayatsit would provide an opportunity for senior citizens to live together, enjoy the facilities for recreation, food and medical care at one place it would help our society to be more humane towards the senior citizensthe bill, if enacted, will go a long way to strengthen the institution of local self government and meet the aspirations of the people at village levelhence this bill new delhi;december 6, 2007ck chandrappan annexureextract from the constitution of india eleventh schedule (article 243g) 26 social welfare, including welfare of the handicapped and mentally retarded 27 welfare of the weaker sections, and in particular, of the scheduled castes and the scheduled tribes lok sabha———— a billfurther to amend the constitution of india————(shri ck chandrappan, mp)mgipmrnd—155ls(s5)—06-02-2008 | Parliament_bills | 67061478-def3-53b3-8a6e-4a55936e0729 |
bill no xiv of 2017 the tribal children and lactating women in maharashtra and other states removal of hunger, malnutrition and prevention of starvation deaths bill, 2017 a billto provide for the removal of hunger and malnutrition and for the prevention of starvation deaths of tribal children including adolescent and young girls and pregnant and lactating women in tribal areas of the country particularly in maharashtra through a nodal agency at the national and state levels, by formulating a national policy for the purpose and for matters connected therewith and incidental theretobe it enacted by parliament in the sixty-eighth year of the republic of india as follows:—(2) it extends to the whole of india (3) it shall come into force with immediate effectdefinitions2 in this act, unless the context otherwise requires,—(a) "adolescent girl" means a female human being who has attained puberty and is below the age of eighteen years;5(b) "appropriate government" means in the case of a state, the government of that state and in other cases the central government;(c) "girl child" means a female human being who is below the age of twelve years;(d) "nodal agency" means the nodal agency constituted under section 4 for the purposes of this act;10(e) "prescribed" means prescribed by rules made under this act153 (1) notwithstanding anything contained in any other law for the time being in force, the central government shall, as soon as may be, but not later than one year of the commencement of this act, formulate and publish in the official gazette, a national policy for the overall protection and removal of hunger, malnutrition and prevention of starvation deaths of tribal children and pregnant and lactating tribal women particularly in the tribal areas of maharashtra and shall take appropriate measures for the uniform implementation of such policynational policy for the removal of hunger malnutrition and prevention of starvation deaths of tribal children and lactating mothers(2) in particular and without prejudice to the generality of the provisions contained in sub-section (1), the national policy may include provision for,—20(a) conducting surveys, from time to time of the tribal children, pregnant women and lactating mothers in the tribal areas of maharashtra and other parts of the country who are malnourished, anaemic and underweight and maintaining district wise data thereof in such manner and with such particulars as may be prescribed;25(b) conducting periodic medical examination of every child including girl child and adolescent girls, pregnant as well as lactating mothers covered under this act and for taking such remedial measures as may be recommended by dieticians and medical authorities;30(c) making it mandatory for the appropriate government to ensure as well as provide at least two healthy meals per day, milk, seasonal fruits, folic acid and multi vitamin tablets to every malnourished or anaemic and underweight children, girl child, pregnant and lactating women covered under this act;35(d) providing medical care to the children and women covered under this act and providing sanitary napkins and proper dresses to adolescent and grown up girls covered under this act by the appropriate government in such manner as may be prescribedconstitution of a nodal agency4 (1)the central government shall, by notification in the official gazette, constitutea nodal agency consisting of a chairperson such number of members representing various fields, such number of officers and staff as may be prescribed, for the purpose of this act40(2) the salary and allowances payable to and other terms and conditions of service of the chairperson, members, officers and staff of the nodal agency and procedure to be followed by the nodal agency in discharging its functions shall be such as may be prescribed(3) the nodal agency shall,—45(a) classify tribal areas in each state as high, medium or low burden area with regard to malnutrition, anaemia, hunger, starvation deaths and such other issues as may be prescribed;(b) set malnutrition, anaemia, hunger eradication targets and time frame for each state in their tribal areas; and(c) recommend to the central government and state governments having tribal areas within their territorial jurisdiction with regard to the implementation of this act and framing of rules and regulations as it may consider necessary55 the central government shall, after due appropriation made by parliament by lawin this behalf, provide requisite funds, from time to time, to the states and union territoriesfor carrying out the purposes of this actcentral government to provide requisite fundsact to have overriding effect6 the provisions of this act and rules made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force107 the provisions of this act shall be in addition to and not in derogation of any otherlaw for the time being in force dealing with the subject matter of this actact to supplementother lawspower 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 reasonsour vast nation, the second most populous in the globe after china has, unfortunately, the highest number of malnourished and anaemic children including girl child, adolescent girls, women including pregnant and lactating mothers the problem is more acute in the tribal areas of our countryin maharashtra alone, every monsoon over 40,000 children slip into malnutrition in tribal dominated nandurbar due to persistent hunger, amaemia amongst the girl child, adolescent girls, pregnant women and lactating mothers is prevelant not only in nandurbar but also in almost all the tribal areas of the country starvation deaths, though generally denied by the government authorities, are also reported from time to time not only in tribal areas of maharashtra but also from other states tooon record there are at least 15 schemes to augment the nutrition of children and mothers in nandurbar but on ground, due to lack of funds for these schemes, the road out of hunger is paved with failures union ministry of women and child development implements integrated child development services (icds) scheme to control malnourishment through anganwadis but it hardly reaches in tribal areashence, it is high time to pay more and concerted attention for the removal of hunger, malnutrition, anaemia amongst the children, girl child including adolescent girls, pregnant and loctating women in tribal areas of maharastra and other parts of the country so as to prevent starvation deaths in such areashence this billrajkumar dhoot financial memorandumclause 4 of the bill provides for sitting up of a nodal agency for the purposes of the billclause 5 of the bill makes it mandatory for the central government to provide requisite funds for carrying out the purposes of this bill the bill, if enacted will involve expenditure from the consolidated fund of india it is not possible to quantify the expenditure at this stage but it is estimated that a sum of rupee one lakh crore may involve as recurring expenditure per annum a sum of rupee fifty crore may also involve as non-recurring expenditure for creating assets for implementation of the provisions of this bill 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 the removal of hunger and malnutrition and for the prevention of starvationdeaths of tribal children including adolescent and young girls and pregnant andlactating women in tribal areas of the country particularly in maharashtrathrough a nodal agency at the national and state levels, by formulatinga national policy for the purpose and for matters connected therewithand incidental thereto————(shri rajkumar dhoot, mp)gmgipmrnd—1320rs(s3)—21072017 | Parliament_bills | fbbcd711-47ec-54ff-adf9-7662b49503a7 |
arrangement of clauses chapter i prmnmfary clauses1 short title, extent and commencement 2: definitions and interpretation 3 application of act to hindu public religious enciowmants chapter iiauthorities 4 enumeration of authorities 5 appointment of commissioner 6 tenure of office and conditions of service ot commissioner, etc, and casual vacancies ~ 7 general powers and functions of commissioner s central religious endowments council 9 functions of the council 10 religious endowments tribunal 11 functions of the tribunal 12 appointment of assessors l3 procedure of tribunal chapter iii registration of hindu public religious endowments14 register of hindu public religious endowments 15 application for registration of religious endowments l6 inquiries for registration 17 en try in register 18 amendment of register - 766 (b) ls-l ~lausi:sl9 special provisions with respect to religious endowments registered under any other law jo furnishini copies of extracts from register 21 civil courts not to e~tertain suit on behalf of an unregistered religious endowment chapter iv administration and management of hindu public religious endowments22 appointment and succession to office of trustee 23 hindu succession act, 1956 not to apply to succession to ojftce of trustee 24 disqualifications for trusteeship 25 removal of trustee 26 disputes relating to office of trustee to be decided by tribunal 27 power of c<;>mmissioner to suspend trustee pending order of the tribunal 28 trustee to deliver possession of property 29 administration and management of hindu public religious endowment to vest in trustee 30 preparation and maintenance of register of hindu public religious endowments 31 power of commissioner in cases of mismanagement 32 budget of religious endowments 33 obligatory ex:penditure of hindu publi~ religious endowments 34 discretionary expenditure of hindu public religious endowments 35 power of com,missioner to make alterations or modifications in budget 36 utilization of accumulated surplus funds of hindu public religious endowments for the discretionary purposes 37 power of commissioner to settle schemes for proper administration of hindu public religious endowments 38 application of property cy pres 39 investment of endowment money clauses 40 alienation of immovable property 41 atchana or pu;a by unqualified priests not to be allowed in hindu public religious endowments 42 unqualified hereditary priests to be required to appoint qualified deputies to perform atcoona and pu;a 43 state governments to set up schools for training of priests 44 contributions by hindu public religious endowments towards expenses of schools or institutions 45 priests not to have any proprietary right to any offerings and jewels, etc 46 code of conduct for priests 47 scale of fees to be paid by worshippers and visitors 48 salaries and other conditions of service of atchakas and pu;a-tis 49 licensing of pandas 50 other provisions relating to pandas 5l common good fund' 52 accounts of padakanikas 53 maintenance of accounts 54 audit of accounts 55 inspection and returns 56 observance of appropriate forms and ceremonies by commissioner and others in certain cases 57 determination of question as to whether a temple is a hindu public religious en~owment or not or of question as to custom, usage, etc 58 contributions 59 trustee to carry out directions of commissioner and to furnish returns, statistics and accounts chapi'er v appeal and reference60 appeals to tribunal 61 finality of orders and decisions 82 reference of cases to tribunal by commissioner clauses63 procedure and powers at inquiries 64 offences and penalties 65 jurisdiction of civil courts barred 66 notice of certain suits to be given to the commissioner ' 67 protection of action taken in good faith 68 execution of orders of the commissioner 69 commissioner, etc, to be public servants 70 application of act to endowments governed by special enactments 71 power to make rules 72 power to remove difftculties 73 cesser of application of corresponding laws and savings billto provid~ for the better supervision and mote effective' administra-tion of hindu public religious endowments cmd for matters connected therewith - ·c bb it edaaed by parliament in the sixteenth year of the republic of india as follows:- chapter i preliminarys 1 (1) this act may be called the hindu religious endow- short title, ments ad, 1965 extent and com-(z) it extends to the whole of india except the state of jammu menceand kashmir ment (3) this section shall come into force at once, sections 8 to 13 shall come into force on such date as the central government may, by notification in the official gazette, appoint; and the rest of this act shall come into force in a state on such date as the state government may, by notification in the official gazette, appoint and 5 different dates may be appointed by the state government for different provisions thereof z (1) in this act, unless the context otherwise requires,-de1lnitionsand interpretation (a) "commencement of this act", in relation to any provision of this act, means the date of the coming into force of that 10 provision; (b) "commissioner" means the commissioner of hindu religious endowments appointed wliiler sub-section (1) of section 5 and includes a deputy commissioner and an assistant commissioner appointed under sub-section (2) of that section is while exercising the powers and discharging the functions of the commissioner in accordance with the provisions of that subsection; (c) "council" means the central religious endowments council constituted under section 8; 20 (d) "manager" in relation to a religious endowment means a person who either alone or in association with any other person administers, manages or otherwise deals with the endow-' ment; (e) "math" means a hindu religious institution with pro- 2s perties attached thereto and presided over by a person, the succession to whose office is regulated by rules of succession laid down by the founder or by practices, usages or customs of the math relating to such succession and-(i) whose principal duty is to engage himself in the 10 --} teaching and propagation of hindu religion ~ and philosophy and the teachings and philosophy of the denomination, sect or sampradaya to which the math belongs and in imparting religious instruction and training and rendering spiritual service to a body of disciples; or 35 (ii) who exercises or claims to exercise headship over a body of disciples, and includes any place or places of religious worship, instruction or training which are appurtenant thereto; <f') i'person interested" means,-(i) in the case of a math, the founder of the math 01' any descendant of such founder or a disciple of the math or a person belonging to the denomination, sect or s sampradaya to which the math belongs; (ii) in the case of a temple, the founder of the temple or any descendant of such founder or any person who is entitled to attend or is in the habit of attending the performance of worship or service in the temple or who is entitled 10 to partake or is in the habit of partaking in the benefit of the distribution of gifts and offerings thereat; (iii) in the case of a specific endowment, a person who is entitled to attend, or is in the habit of attending, the performance of the specific service or charity for which the is specific endowment has been created or who is entitled to partake, or is in the habit of partaking, in the betlefit of such service or charity; and includes the trustee of a math or temple; 20 (g) "prescribed" means prescribed by rules made under this act; (h) "priest" includes a shebait· by whatever name~alled (where such shebait performs or conducts any archana, puja or ritual), an archaka, a pujari and a panda; 2s (i) "public temple" means any place by whatever designation known (whether or not the image of any deity or images of deities is or are installed and consecrated therein), which is used, whether-(i) by virtue of any dedication to or for the benefit of the hindu community or any section thereof, or j:; , (ii) by virtue of any practice, usage, custom or_ qtherwise, by the members of the said community or section as a place of public religious worship, prayer or other religious service; expzanation-a temple which is located and maintained in 3' a private dwelling house shall be deemed to be a public temple if-(a) the members of the hindu community or any section thereof have, by virtue of any practice, usage, custom 01' otherwise, unrestricted access thereto for the pui'pose of religious worship, prayer or other religious serviee, and (b) gifts and offerings are received by the trustees or priests of the temple from such members at the time of or in connection with such worship, prayer or other religious s service or on the occasion of any utb4v« or festival or the like; (j) "religious endowment" or "endowment" means a math or a public temple and all property belonging to or given or , endowed for the support of such math or temple, or given or 10 endowed for the performance of any service or charity of a public nature connected therewith and includes the premises thereof but does not 'include any gifts of property or any offerings made as personal gifts to a trustee, priest, service-holder or other employee of such math or temple; is - (k) "specific endowment" means any property or money endowed for the performance of any specific service or charity in a math or temple; (0 "tribunal" means the religious endowments tribunal constituted under section 10; 20 (m) "trustee" means any person whether known as mathadhipati, mohant, dharmakarta or shebait or by any othel' name, in whom either alone or in association with any other person, the administration and management of a religious endowment or specific endowment are vested and includes a manager 2s (2) unless the subject or context otherwise requires, in this act-(a) any reference to the word "hindu" shall be construed as including a reference to the word "buddhist"; and ('b) any reference io a·"religious endowmen~ "endowment", 30 "math" or "temple" shall be construed as including a reference to a buddhist reli~ous endowment, endowment, 'math or , , temple 3 this act applies to all' hindu public religious that is to say, to all maths and all public temples endowments, 35 appuc:a~ tion of act to hindu public religious endowmenta chapter u atmlorl'l'ds" for i~etter supervision and more effective administration of enumen hindu public religious endowments, there shall be the following tion of 5 authorities charged with such powers and functions as are respec-~~thotively conferred on them by or under this act, namely: _ ei (a) the commissioner; (b) the central religious endowments councll; (c) the religious endowments tribunal; 10 (d) such other authority or authorities as the state government may, by notification in the oftlcial gazette, appoint to aid and advise the commissioner in the exercise of his powers and the discharge of his functions 5 (1) the state government shall, by notification in the ofbdal appoint is gazette, appoint a person to be the commissioner of hindu ment of religious endowments for exercising the powers and discharging stcoididii-- oner the functions conferred on him by or under this act (2) the state government may, by like notification, appoint as many deputy commissioners and assiatant commissioners as it 20 thinks fit, and every such deputy commissioner or assistant commissioner shall, subject to the general superintendence and control of the commissioner, exercise such of the powers and discharge such of the functions of the commissioner and within such local limits as the commfsstoj1m' may, by ,eneral or apec:lal order, j~ speejt:9' "':'!" - - '---''t9''p' (3) a person shall not b qualtfted for appointment as commta-cltoder unle81 h " (a) has for at least ten yean held a judictal otftce in the territory of india; or (b) has for it least ten years been an advoeate of a high court or of two or more high courts in succession (4) a person shall not be quali1ied for appointment as a deputy commissioner or an assistant commimioner unlesa he-35 (a) has for at least seven years held a judiclal omc:e in the territory of india; ar , (15) ,ls-& ~ (b) has for at least seven years been an advocate of a high court or of two or more high courts in succession 6 (1) the tenure of office of the commissioner, a deputy commissioner and an assistant commissioner, their salaries and allowances and other conditions of service shall be such as may be s prescribed tenure of q,t!ice arid conditions of service of commisaioner, etc, and cuual vacanciel (2) any vacancy in the office of the commissioner, a deputy commissioner or an assistant commissioner occurring by reason of death, resignation, removal or otherwise shall be filled in accordance with the rules made under this act 10 general powers and functions of commilliioner 7 (1) subject to the provisions of this act, the commissioner may do all such acts and things as are in his opinion reasonable or neces,sary to ensure that all hindu public religious endowments within the local limits of his jurisdiction are properly administered and managed and the income thereof is duly appropriat~ and is applied to the objects for which such endowments were founded or for which they exist, so far as such objects can be ascertained (2) without prejudice to the generality of the provisions of subsection (1), the commissioner shall also exercise all the powers and discharge au the functions specificelly conferred on him by or under 20 ' this act or by or under any other law for the time being in force 8 (1) the central government shall, by notification in the official gezette, constitute for the purposes of this act a council to be known as the central religious endowments council central religious endow:' ments council (2) the council shall consist of-2s (a) such number of members not exceeding, fifteen as the central government play think fit, to be nominated by that government from among persons who are in its opinion capable : ,-of tepreseni"ing:":,,,:-·· ' " " , ' " , ' , " • ',~ (i) the central government; 30 -' (ii) the union territory administrations; (iii) ,the sadhus and sanyasis; ~ -:" (iv) the hindu public religious endowments; and-(~l ~uch ~ther in~erests_ whicp in the op~~ion of the c~ntral: qov~~ment ought to be r,epresented on, 't~~_co~ncu; 35 (b) one, representative of e~ch state 90vernment to be dojdinated by that government (3) the chmmali owhe council ahall be ~ppointed by the central government from among the members nominated under clause (4) of sub-section (2): (4) the chairman and other members of the council shall te-, , ceive such remuneration, if any, and shall be governed by such con~ ditions of service, as the central government may determine: (5) all expenses incurred in connection with the council shail be defrayed out of the contributions referred to in section 58 in ac-~rdance with such directions as may be issued by the, central gov-10 ernment in this behalf (6) any vacancy o~~r~ing in the council shall be filled as'loon as may be by nomination as provided in sub-section (2) (7) the council shall have power-(4) to regulate its procedure and conduct of business; and 15 (b) to constitute committees and sub-committees, if any, of its members and to delegate to each of them such of its functiona as it thinks fit (8) the council shall have power to act notwithstanding any vacancy therein 20 9, the council shall cuacharge such functions, as m~ be confer- functioftl red on it by or under this act of the council 10 (1) the central government shall, by notification in the reli,ioul official gazette, constitute a tribunal to be known as the religious endow-endowments tribunal tm~nbts 1 tl una (2) the tribunal shall consist of such number of members as 25 the central government may think fit, to be appointed by that government after consultation with the council (3) a person shall not 'be qualified for appointment as a member of the tribunal unless he is a hindu and-(4) has been, or is, or is qualified to be, a judge of a high court; or (b) having held office for at least ten years under the government, has, in the opiilion of the central government, adequate knowledge of, and experience in, matters of administration and finance; or 35 (c) has, in the opinion of th~ central goveriunent, sp~ial knowledge of hindu scriptures, philosophy, :reliiion and reu-lioua practicl!s and experience ot the working and administration of·1tindu public religious endowments (4) the central government shall appoint a member of the tribunal having the qualification specified in clause (4) of 1ub-aeetion (3) to be the chairman of the tribunal , (5) the chairman and other members of the tribunal shall receive such r~uneration and shall be governed by such conditions of service as the central government may determine: provided that the remuneration of the chairman or any other member shall not be varied to his disadvantage after his appoint- 10 ment (6) the central government shall make available to the tribunal such staff as may be necessary for the discharge of its functions under this act i (7) all expenses incurred in connection with the tribunal shall is be defrayed out of the contributions referred to in section 58 in accordance with such directions as may ibe issued by the central government in this behalf ll the tribunal shall discharge such adjudicating and other functions as may be conferred on it by or under this act 20 functiona of the tribunal appointmantof ors 12 (1) 'hie tribunal may in ns diecretion diacharge any of itl - functions under this act with the aid of such number of assellors as it may think ~t and for this purpose shall, after consultation with the council, prepare and maintain a list of assessors (2) every assessor shan be a person fit rand suitable to give ad- 25 vice to the tribunal on matters which come up before the tribunal for consideration : , procedure 13 (1) the functions of the tribunal may be discharged by of benches constituted by the chairman of the tribunal from amodl tribunal the members thereof 30 (2) eve1 such bench shall consist of three members possessing , respectively the qualifications specified in clause (4), clause (b), and clause (c) of sub-section (3) of section 10 (3) if during the course of any proceedings any member ot the tribunal is for any reason unable to discharge his functions or 35 relinquishes his membership of the tribunal, the central government may appoint another member in his 'place in accordance with the provisions of this act and upon his joining the tribunal the 1'1"oceedinp shall be continued as if he had been on the 'tribunal %rom me commencement of the proceedings (4) in the case of difterence of opinion among the members of a hencil, the opmion of the majority shall prevail and orders of $ 'the bench shall be expressed in terms of the views of the majority (5) decisions and orders of a bench of the tribunal shall be deemed to be the deci3ions and orders of the tribunal itself (6) subject to the provisions of this act, the tribunal ahall have power to regulate its own procedure and the proceaure of 10 benches thereof in all matters arlsmg out of the discharge of its functlons, including the places at which the benches shall hold their sittings and while discharging any adjudicating functions, shall follow the princlples of natural justice as of 1980 (7) the tribunal shall, for 'the purpose of discharging its tunc~ is tions, have all the powers which are vest~d in the commissioner by sub-section (2) of section 63; end any proceeding before the tribunal shall ibe deemed to be a judicial proceeding within the mearung of sections 193 and 228 of the indian penal code and for the purpose of section 196 of that code and the tribunal shall be :zo deemed to be a civil court for the purposes of section 195 and chapter xxxv of the code of criminal procedure, 1898 - of 18d8 chapter nl rl:mstration of hindu public beligious endowmbn'rs14 the commissioner shall lilgintain a register' of all hindu relister as public religious endowments in the state in such form and contain- of hindu ing such particulars as may be prescribed ' public relilioui endow ' mentl 15 (1) the trustee of every hindu public religious endowment a licashall make an application to the commissioner for the registration tior: for of the endowment relijtra-: lion of o (2) such application shall be made in such form and manner re1ijioui 3 and accompanied by such fee, not exceeding fifty rupees, as may endow be prescribed and shall, as far as may be, contain the following mentl particulars, namely:-(a) the name 'or designation by which the religious endowment is or shall be known; (b) the name and address of the trustee an~ the manager; (c) the mode of succession to the otbce of trustee; (d) the movable and immovable properties pe~ng to the endowment and a description thereof bumcient for their identification; (e) the approximate value of the movable and the immovable properties of the endowment; s (f) in the case of a religious endowment existing ~t 'the commencement of this act, a statement of the gross income annually received and of the expeilse3 annually incurred in connection with the religious endowment, during the period of three years immediately preceding such co'mmencement; 10 (g) in the case of a religious endowment created after auc:h commencement, an estilnate of the gross income which ilikely to be received, and of the expenses which are likely to 'be incurred, annually, in connection with the religious endowment, during the period of three years immediately following the date i, of the creation of the endowment; (h)' such other particulars as may be prescrilbed (3) every application shall be accompanied by a copy of the endowment deed or if no such deed bas been executed or a copy thereof cannot be obtained, the application shall contain full parti- 20 ;: culars as far as they; are known to the applicant, of the origin, nature and object of the endowment (4) every application soo11 be signed and verified by the applicant in the manner provided in the code of civil procedure, 1908 5 of 1908 for the signing and verification of pleadings i 2s (5) the commissioner may require the applicant to supply such further particulars or such information relating to the endowment a3 the commissioner may deem necessary (6) every applicl8tion for registration shall be made- i(4) in the case of a religious endow~ent exis~ing at the 30 commencement of this act, within six months l\ext following such commencement, and (b) in the case of a religious endowment created after such commencement, within six months next following the date of the creation of the endowment 3~ uiries ui (1) on the receipt of an application under section 15, the commissioner shall in the prescribed manner make luch inquiries as he thinks fit in jrespect of the application and the correctness of the p!orticulars th~rein mentioned and may, in additi~, ~,in 1pqui,qr in respect of' all or any of the following matters, namely:-(4) whether there is an endowment and whether such, endowment is a hindu public religious endowment; (b) whether any j)roperty is the property of such religiou!i endowment; , (c) whether the whole or any substantial portion of the endowed property is situated within the local limits of hij judisdiction; 10 (d) the origin, nature and object of such endowment; (e) the gross average annual income and expenditure of e;uch endowment; (1) any other m·atter which may be prescribed (2) if on an application made to him by a person interested in a is religious endowment or otherwise, the commissioner has real:lon to believe that there is a religious endowment which should be r~gistered under this act, he may make such inquiries as he think:; fit in respect of the· matters specified in sub-6ection (2) of aection 15 and sub-section (1) of this section; but no inquiry shall 'be mad~ 20 without giving the trustee a reasonable opportunity of being heard (3) on the completion of an inquiry under this section, tho commi'ssioner shall record his findings with the reasons therefor ill respect of the illiltters inquired intc and make an order in relation to the religious endowment 25 17 wht!re an order ·for registration of a religious endowment entry in is made under section 16, the commissioner shall cause the entrfe~ register i~ respect thereof to be made in the register (maintained by hlm ~!lc!,er ,s,~~ion ,l~), i~ a,ccorciance with the f\n~gs'~~c9rded under , , sub-section - (3) of section '16 ' ~ _ ~: '-::, ~ , ':: , : ~ , ~ :,' ,: ,: '~ 30'· ", 11 : ~1~ -:~ere:' ~y'ch,~nge ,occm:s in '~y ~f :t~' ~~ntrie9 ~~~ 111 ame~ :,·, the reg:tster maintamed under section 14, the trustee' shall, ·within me~t of , nmety 'days froin the date of such change, send by· past a -report t~ re,~~ : ,~ the commissioner in the 'prescribed fonn giving notice of the ~se ' 35, ,<?) on ,~he r~ei~t' of a report under sulb,:"sectio~ (1) or ,otherwise, the commissioner m~y hold an inquiry for ascertaining whether any change has occurred in any of the entries recorded in the j'estster in relation to the religious endowment (3) if the commissioner, after holding such inquiry, is stiifled that a change has occurred in any of the entries made-in the relflter, he may make an order to that effect and shall cause the relevant entry in the register to be amended accordingly 19 (1) where any 'hindu public religious endowment has been $ registered in a state before the commencement of this act under any other law with respect to religious endowments in force in that state, the religious endowment shall, as from such commencement, be deemed to have been registered under this act (2) the commissioner shall issue a notice hr-pest to the trustee 10 of such endowment for the purpose of making the entries relating thereto in the register maintained under section 14 special provisions with respectto religious endowments registered under any other law (3) the trustee of such religious endowment shall, as far u may be, supply to the commissioner the particulars referred to in iection 15 within three months from the date of the receipt of the 1$ notice referred to in sub-section (2) (4) the commissioner may, after such inquiries as he thinks fit, record his findings with reasons therefor in respect of the matters specified in sub-section (2) of section 15 and sumection (1, of section 16 and make an order in relation to the endowment and 20 the provisions of sections 16 and 17 shall, as far ajf may be, apply to such order furnish-zo (1) the commissioner may, on application made to him in ing copies this behalf, furnish to the applicant copies of any extracts from of extracts the register maint~ed under section 14 on payment of such fee 25 fro~ ter not exceeding one rupee for every one hundred words or fractional regls part thereof required to be copied, as may be prescribed and subject to such conditions, if any, as may be determined by the con\-missioner (2) such' copies may be certified in the manner provided in 50 uc:tioil 76 of the indian evidence aet, 1872 - , 1 at 11'11 civu : courts zl (1) no civil court sball entertain a suit for the enforee1l\ct of a right on behalf of a hindu public religious endowment unless such endowment has been, or is deemed to be, registered udder this act ! not to 'i entertain ,: suit on :~: + behalf ~ ot an (2) the provisions of sub-section (1) shall also apply to a ela1m of set-oft or other proceeding to enforce a right on behalf of a hindu public religious endowment which has not been, or is not deemed to be, reptered under tbis act ~f unregia-, ~~ tered t ' reuaioul i·; endow-:'~ment chapter iv administration and management of hindu public religious endowmentsd (1) the appointment and succession to the office of a trustee appoill'-5 of a hindu public religious endowment shall be regulated by the met iidd rules, practices, usages or customs of the religious endowment with iucceiiiod respect to such appointment or succession to dee of truitae (2) neither the head of a hindu pufblic religious endowment nor any other trustee thereof shall h4y" the power to alter, amend, 10 modify or rescind any such rules, practices, usages or customs ex-· cept with the permission in writing of the tribunal 23 for the removal of doubts, it is hereby declared that the pro- ~u so of 1956 visions of the hindu succession act, 1956, shall dot apply to and in ~~~ relation to the succession to the ofbce of a trustee of a hindu public dot to ' 15 religious endowment apply to auecftllcm toofbceof trujtee 24 a person shall be disqualified for being appointed, or succeed- dilqualiing, to the office of a trustee of a hindu public religious endowment- ftcat1ans (a) if he is of unsound mind 'and stands so declared by a!:t_ competent 'court; ihip ~ (b) if he suffers from any such physical disease or detect as renders him unfit or incapable to pe:rform the duties of his office; (c) where a trustee is, by ruies, practices, usages or cus-toms of the endowment, prohibited from marrying, if he has 2s married; (d) if he lives an immoral, vicious or scandalous ute; 30 u011860 (e) if he has been convictcl of any offence involving moral turpitude; (f) notwith~tanding anything" contained in the caste disabilities removnl act, 1850, i,t he doe; not belong to the denomination; sect or sampradaya to which the religious endowment belongs 25 a trustee may be removed from his oftice on the ground that removal he is, or has become, subject to any of the disqualifications men- ot tnut 3~ tioned in section 24 or on the ground- (a) that he has neglected or failed to d;liicharge the functions of his oftlce; or til (b) lb-i(b) that the affairi of the it!1igioub endowment have not been properly managed or have been mismanaged; or (c) that he is luilty of misappropriation of any endowment property je (1) in any of the following cases, that is to say,-5 (a) when there is any dispute as to the disqualtftcltion of a perlon for being appointed or succeeding to the omee ot a trustee on any of the grounds speci1led in section 24 or n to the removal of a trustee under section 35; or (i» when the person entitled to succeed to the 'ollce bf fo trustee is a minor and has no auardian fit and wtlltn,to ad iubh or when there 11 - dispute al to the person who is erltltled tb 'lct as guardian; or (c) when the trustee entitled to nominate his succe8lor in omee is unable or unfit to do so by reason of his removal froid 15 omee or otherwise; or (d) when there is no person eligible· to become a trustee; or (e) when there is a dispute as to the right of any perlon to act 81, or to succeed to the omee of, a trustee 20 al! -eaeihah be referred to the tribunal for deetmon (2) every case under sub-section (1) shall be stated in tbe form of 8ft application which shall be presented to the tribunal or such ailcer thereof as it may appoint in this behalf (3) every such applicationa, (a) shall contain a concise statement of the eirc:wnatancel and materials upon which the person making the application relies in support of his allegation, (b) shall be signed and verified in the manner laid down in the code of civil procedure, 1908, lor the bienature and veri- lo ij at rtoa ftcation of a plaint in a suit (4) the tribunal may, after issuing notice in the prelcl'ibed manner to every person who appears to it to be interhteci in the endowment and holding sucb inquiry as it thinka fit, make iuch order in the case (including an order appolntm, a fit penon to be 35 the trustee of the endowment or to discharp the functiolll of a tl'\lltee or to be the guardian of a mlaor trustee) ai it dmmi at; provided that in appointing a person to the oftlce of a truatee or tp dischar,e the functions of a trustee or to be the guardian of ~aminor trustee, the tribunal shall select a person of the denomination, sect or b4mpraday4 to which the endowment belongs s %7 (1) pending the order of the trtbunal under 5ub-aection (4) powerof 10 of section 26, the commissioner may-comm1a- lonerto (4) suspend from office on any of the grounds speci1led suspenc1 in section 24 or section 25, the trustee of a religio~ endow- trustee luent if in the opinion of the commission such' ~od is pendid, immediately necessary in the interests of the endowment·, and order oltha (b) appoint a fit person to discharge the functions of the tribunal trustee during the period of such suspension (2) the commjssion~r shall, as soon 88 possible, report to the tri'bunal any action taken by him under sub-section (1) is 28 where a trustee has been removed from his osee by an tl'\iitee order of the tribunal under section 26 or suspended from his oftice to 4e1lver by an order of the commissioner under section 2:1, the tribttnal or, poutod as the case may be, the commissioner shall direct the trustee 10 of ~-i removed or suspended to deliver possession of the endowment pro- pe y 20 perty to the person who has succeeded to the oftice of the trustee by virtue of the order of the tribunal or who has been appointed~y the tribunal or the commissioner to discharge the functions of the trus tee ~ tilt 29 subject to the provisions of this act, the administration add admln' s -3s management of every hindu public religious endowment shall be ~tion vested in the trustee thereof and the trustee shall be responsible mana,alor the proper and efficient discharge of his functions in relation ment of to the affairs, religious and secular, of the religious endowment hindu public reulioua endowmentto vestln tzwtee 30 (1) the trustee of every hinciu public religious ~e~t prepare-30 shall prepare and maint~n a register in such form as the cqiil- tion and missioner may direct, showingmaintedf -anc80 (4) the origin and history of the hindu public re~g1ous repter endowment and the names of past and present trustees and of hindu particulars as to the rules, practices, usages or customs regard- pubuc ing the succession to the office of trusteej reudot!oul 3' en w-(b) the particulars relating to the administration and mentl d,wlagement of the endowment and the scale of expenduure incurred in connection therewith; {c) the names of all oflices to which any salary, emolument or perquisite is attached and the nature, time and' conditions of service in each case; (d) the jewels, gold, silver, precious stones, vessel3 and , utensils and other movables belonging to the endowment with their weights and ~timated values; (,) the particulars of all immovable properties belongina to the endowment and of all title deeds and other documents relating thereto; u) the particulars of the idols and other images of the 10 endowment, whe<ther intended for worship or for being carried in processions or for any other purpose; (g) the particulars of ancient or historical records relatina to the· endowment with their contents in brief; and (h) such other particulars as may be required by the com- 's missioner (2) the register shall be verified and signed by the trustee of the religious endowment concerned or by his authorised agent and submitted by him to the commissioner within three mentha from the commencement of this act or, as the case may be, from the date of the creation of the religious endowment or within such further period as may be allowed by the co~ioner 20 (3) the commissioner may, after receiving the register, direct the trustee to make such additions, alterations or omissions in the register as the commissioner may deem fit 25 (4) 'rhe trustee shall carry out the orders of the commissioner and then submit three copies of the register as corrected to the commissioner for approval (5) one copy of the register as approved by the commjssioner shall be furnished to the trustee ·(6) the trustee or his authorised agent shall scrutinise the en- 30 tries in the register every year and submit to the commissioner for his approval'a signed and verified statement showing the additiona, alterations or omissions required in the register and' tlie provisions' of sub-section (3), sub-section (4) and sub-section (5) shali apply in relation to such statement as they apply in relation to the s re~ter 3 3l '(l)"where em' receipt 01 iny report of the auditor &a power 01 respect of any hindu public religious endowment or on an commiaapp~cation made in this behali i:?y two or more persons interested sioner il! iii the endowment or otha-wise, the commissioner has reason to cases of : believe that the affatrs of the enciow·ment are 'being mismanaged mismanaor that the trustee is neglecting or failing to discharge his functions gemenl in relation to the endowment in a proper and e1bcient m8llder the commissioner may, after issuing notice in the prescribed manner to the trustee and to such other persons as may appear to the com-10 missioner to be interested in the endowment, hold an inquiry into the matter in such manner as may be prescribed ~ is (2) if, after'holding ~ inquiry und~ su~section (l), tile com-dussioner: ~ satisfied~· ' ' (4)· that the affairs of the religious endowment are being mismanaged or that the trustee is neglecting or falling to discharge the functions of his office, or (b) that the trustee is guilty of misappropriation of any endowment property, the commissioner may, without prejudice to any other action 20 that may be taken against the trustee under any of the foregoing provisions of this act, make an order giving directions to the ~rustee for the proper and efficient admjnjstration and management of the endowment or for the discharge of the functions of his office, or directing the trustee to pay to the endowment such amount not 2s exceeding the amount of loss caused to the endowment as the commissioner thinks fit 32 the trustee o! every hindu public religious endowment shall budget of prepare before the close of every financial year in such form and religious within such time as may be prescribed, a budget of the estimated endow-30 income and expenditure of such endowment for the next financial mentl year and shall forthwith send a copy thereof to the commissioner: provided that nothing in this sub-section shall apply to a rell- gious e'lldowmenf having an annual income of less than one thou- sand rupees , t 3s 33 the trustee of a hindu public religious endowment shall, obligatory while preparing the budget in accordance with section 32, make expendiprovision for the following objects, namely: -~~~ (4) the due maintenance of the objects of the institution public and the pr0t'er perfonnance of the services therein in confor- ~:~~;~ mity with the rules, practices, usages or custodl$ of the endow- mentl ment; (b) the payment of th ularj uad allow duf to the trustee, priest and other servants of the en40~e"t; (c) the adequate training of priests, a4hu, 14nllasi8, adhyapok43, vedapat4114nika and reciters of holy texts; (d) the repayment of loa118 binding on the' endowment,s the repair, renovation or sterulion of the buildings of the endowment, and the contributions required t& be made in pursuance of the provisions of section 44 and ~tion 58; (e) the maintenance of working balance m the trustee of a hindu public religioua ~t djy,io after making adequate provision for the objects specifted in sec· tioft 33, make provision in the buaget of the enaowment for all or any of the !following objects, namely:-dia:re· uonary expenc:u ture ot hindu public: reuaioub endowment • (4) the arrangements providing amenities to l ,adhul, sanyarib, disciples, worshippers, d8y'ekees, pilgrims and other is visitors, that is to say, clean accommodation, good water supply, ughting, sanitation and aupply of wholesome food wbaa:e the custom of n aivedllam or bhag obtaida; (b) the grant of aid to any other religious endowment in needy circumstances, of the same denomination, aeet er 20 iclmpnulaycl; (c) the provision and ,maintenance of llower ,ardeos itod gorhalas; (d) the propagation of the tenets of the religious endowment and the fundamentals of hindu dharma common to all zs denominations, sects or iclmpradallu; (e) the publication of 4g4m41 and the history of eyej'y endowment; -~ (i> the provision of libraries with nugious and pbuoaophical 'works and publication of religious hterature and malddg 30 the same available to the members of the public either free of cost or at a cheap price; (g) the provision ~or religious discou·rses; (h) the grant of scholarships and stipends to hindu students studying in educational institutions where such stwients under- 3s take, in addition to their normal studies, the ·study of ,hindu reu-gion and philosophy and offer themselves to be examined as reprcls their progress 111 sueb studies; (t) the promottod of temple arehlteeture, sculpture and be , ard; (j) the establishment and maintenance of institutions where secular u well u rel1iloua eclucation is imparted; (1c) the tabliahmeot and maintenance of colleges or idatituuoaa tor the·study of hindu, religion, philosophy, ved4 or the shastras or contributions thereto; (1) the establishment and maintenance of orphana,es for hindu ehildren; 10 (m) the establishment and maintenance of-asylums for persons su1!ering from leprosy or any other serious disease; (m)tbe eatabltshment and main~ance of poor homes for destitute, helpless and physically disabled persons; and _, ---, (0) the tabltshment and maintenance at hospitals anel dials pensarhta for the bedeftt of soc:uwa, llulflaii, discipl_, worshippers, devotees, pilgrims and other' visitor 35 (1) the commissioner may, after gividg notice to the trustee powwet in the prescrlbed manner and after considering his l'epn!sentatftm, if ~~ any, make such alterations or modfftcatiom in the budget as the com- ~o missioner thinks ftt ; alteration or modi-(2) nothing contained in bulb-section (1) shall be deemed to fteatlodi authorise the commissioner to restrict or prohibit the observance in bud,et of any religious pli&ctice or the performance of any act in pursuance of any religious belief or to alter or modify any budget in a manner a$ or to an extent idcouistent with the provisions of this act or with the wishes of the founder ot the endowment so tar as such wishes can be ascertained 38 (1) with the previous sanction of the 'commissioner and sub- utilizatlon ~ to 8uclil conditions end restrictions as may be prescribed, the of acewn-30 trustee -of a hindu ,public relupdus endowment may approprtate any mula1ted , ~~ portion 'of the accwnulated surplua of such endowment for any of funds of the p1ilrpoh8- specified in section 34 hindu (2) before giving aanction under su1hection (1), the com- ~::ui missioner shall publish the particulars relating to the proposal of the endow-35 trustee in such m"anner as 'may be prescribed, invite objections and menta tor suggestions with respect thereto and consider all the objections and the dilcre- tionary sqggestlou receivecl pul'poml" (t) the 'lanetion mtwaid iiml11 'be 'publlbhed in "1ueh madm!r '1 may 'be 'prwserw ' 31 (1) where on an application made in this behalf by two or more persons interested in a hindu public religious endowment or otherwise, the commissioner is of the opinion that in the interest of the proper administration and management of the endowment, a s scheme should be settled for it, the commissioner may, after issuing notice in the prescribed manner to the trustee of the endowment and to such other persons as may appear to the commissioner to be interested therein, hold an inquiry, into the matter in the prescribed manner and if, after such inquiry, the commissioner is satisfied that it 10 is necessary or desirable so to do, he may, by order, settle ~ scheme for the proper administration of the religious endowment reulioui ments (2) the commissioner may also, in like manner and subject to 1ike conditions, modify any scheme settled under this section or under any other law or substitute another scheme in its stead (3) no scheme settled, modified or substituted under this section; 5 shall be contrary to the wishes of the founder of the religious endowment so far as such wishes cad be ascertained or to the religion to which such endowment belongs 38 (1) where from any application made to him by two or more persons interested in a hindu public religious endowment or a sped- 20 fic endowment or otherwise, it appears to the commissioner that,- application at 1woperty ~ pres(a) the original objects, in whole or in part, of the endowment or specific endowment-(i) have been fulfilled as far as may be; or (ii) either cannot be carried out at all or cannot be 25 carried out accordin~ to the directions and wishes of the founder or according to the spirit of the endowment or sped;'·; ftc endowment; or ~- (b) the original objects provide a use for part unly of the property or income of the endowment or speciftc endowment; ot" 30 ;; ' (c) the property and income of the endowment or speciftcendowment and any other property applicable to objects similar' to the original objects of the endowment or tbe specific endowment can be more effectively used in conjunction and to that end can suitably be made appli~ble to common objects regard beim~ !u bad to the directions and wisbes of the founder or the spirit nf the endowment or the specific endowment; or (d) the original objects were laid down by reference to an area, nr a class of persons which has for any reason ceased to 'be iuttable, reprd being had to the direetiona and wishes of tjul 40 founder or the spfrlt of the endowment ot' the ~fte endowme:nt or to be practical fn admfnfater1nl the endowment or the sp fic endowment; or (e) the original objects, in whole or in part, have, since they were laid down,-s (i) been adequately provided for by other means; or (ii) ceased as being useless or harmful to public order, morality or health, to be in law reugious or charitable objects; or (iii) ceased in any other way to provide a suitable and 10 effective method of using the property and income of the endowment or specific enc1gwment, regard being had to the directions and wishes of the founder and the spirit of the endowment or the specific endowment, the commissioner may, after issuing notice in the prescribed manner 1'$ to the trustees of the endowment and to such other persons as may appear to him to be interested therein, hold an inquiry into the matter and if after such inquiry the commissioner is satisfied that it is necessary so to do, he may, by order direct that the property and income of the endowment or the sdecific endowment or so much 20 thereof as he deems fit shall be applied subject to such conditiodr, if any, as may be specified in the order, to anv other objects which shall be similar, or as nearly as practicable, similar to the orhrlnal obiectb or if in the opirrion of the commlssiotrer it is not possible to determine which other objects are similar or as nearlv 9s p,actirable rimi-2, lar; to the original objects, to anyone or more of the objects specifted in sec1:loii' 34 (2) in making an order under this section in relation to an endowment or specific endowment, the commissioner sh~l1 have, as far as may be, due reg~rd to the directions and wishes of the foundpr or 30 the spirit of the endowment or specific endowment and also to the wishes of the trustees and persons interested in the endowment or specific endowment and no order shall be made directing the application of the property or income of the endowment or specific endowment to any purpose other than a purpose which is recognised by 3s hindu religion or by the denomination, sect or sampradaya thereof to which the endowment or specific endowment belongs, as a religious, pious or charitable purpose 31 (1) where the whole or any portion of the property of a invest:-hindu public religious endowment or of a specific endowment con- ment of 40 sists of money which cannot be applied immediately or at an early end~wdate to the objects to which such money can be applied under this :7 act or where there is a surplus in the funds of a hindu public reu- gious endowment or of a specific endowment after m~eting all lawful expenditure in connection therewith, the trustee shall, except 766 (b)ls-4 u otherwise prcu1ded in this act, invest, subject to the directiodl, if any, contained in the deed of endowment, such money or surplus ·in the following securities and no others, namely:-(4) securities of the central government or a state government; ! s (b) stocks, shares or debentures of companies, the interest or dividend on which has been· guaranteed by ~he central government or any state government; (c) debentures or other securities for money issued by or on behalf of any local authority or corporation in exercise of the 10 powers conferred by any central act or any provincial or state act: - "i ;"1 : " :;-: -'-:' ~- provided that the commissioner may, by general or special order, permit the trustee to invest the money or the surplus in any other manner consistent with'the endowment deed and the objects to which is such money or surplus may be applied under this act (2) nothing in sub-section (1) shall affect any investment made before the commencement of this act alienation if immovable , property 40 (1) no transfer by a trustee llf any property belonging to a hindu public religious endowment by way of sale, mortgage, ex- 20 change or gift or by way of lease, the term or in the case of a renewable lease, the aggregate term of which exceeds three years, shall be valid unless it is made with the previous sanction of the commissioner: provided that no such sanction shall be given unless the com- 25 missioner is of the opinion that the transfer is necessary in the interests of the endowment (2) where any 'transfer of property is made in contravention of sub-section (1), the provisions of section 10 of the limibatiol'l act, 1963, shall apply notwithstanding that such transfer fs a transfer 30 38 of uta for valuable: consideration ,~ \ archana 41 (1) no trustee of a hindu public religiou3end~wment shril, ::~~~y after the expiry of two years from the ,commeneement f thi:! aet, led priests allow any: pers~ to omciate as a prie~ unless sueh persoft po-ses-!lot to be ges, subject to such suitable modiftcations in view of local eonditions allowed, as may be· authorised by the commu!sioner, the fbllowlnl ljuaifft- 35 hindu 'cations namely: -" _bile ' , ~01u ,-,-t (4) a worldnr knowled,e of sanskrit; (b) - good knowledge of the mantrcu, ligatlna and other relevant shaatrab, rituals and mode of worship sa required by ----- the tenets of denomination, sect or bampradaya concerned thereof; 5 (c) a knowledge of the sthazapurana and traditions of the endowment to which he is, or may be, attached; (d) proficiency in the regional language or languages 10 as to enable him to explain with facility the meaning and signiftcance' of the mantraa, archanas and pu;aa to worshipp~s, d~ 10 votees, pilgrims or other visitors; and (e) a good moral character and basic learning 10 as to inspire reverence in the worshippers, devotees, pugrims and other visitors (2) a trustee who contravenes the provisions of this section 15 slall be punishable with fine which may extend to five hundred rupees 42 (1) if any hereditary priest does not possess the quali1lcatiods unquau-specified in section 41, he shall appoint a deputy who possessea fled herethose qualifications far performing arcoona and pu;a and such de- dita1'7 20 puty shall perform 4rchana and pu;a until the hereditary priest or ~~ his descendant acquires the qualifications &0 specified ~uired-(2) in the matter of appointment of a deputy under this section to a:o:t prefe,rence should be given to a qualified person who has a heredi- :::uti:' tct tary right to perform archana or pu;a perform archana and puja 25 43 (1) in order to provide facilities to priests to acquire the qua- state lifications specified in section 41, the state government shall set up governin one or more important hindu religious centres within the state, mentl \0 schools or institutions for giving training to priests in the shutraa set up and agamas, archana and pujapaddhati and other rituftls in accord- lchooll ~ ance with the prescribed syllabus traininf ri ~_ 30 0 pel (2) the syllabus referred to in sub-section (1) shall make provision 'for both elementary and advanc~d training '(3) the syllabus for elementary training may provide for-(a) a working knowledge of sanskrit; 35 (i)' a knowledge of the shastrtu 'lii1d agtimu, mci"trcii~ rituals and mode of worship of the respective denomination, beets or ampradaycii to which the priests belodi; (e) a knowledge of the sthalapur4t'14 and the traditions of the institution to which they 8il'e or may be attached; (d) a good working knowledge of the regional language or languages so as to enable them to explain with facility the meaning and significance of the m4fttras, 4rcmft4s and pu;as s to worshippers, devotees, pilgrims and other visitors (4) the syllabus for advanced training shall, in addition to the matters specified jn sub-section (3), provide for the study of selected shtutraa and the darshaftcj8 or philosophies of hinduism in general with particular emphasis on the tenets of the denommations, 10 sects or sampradayaa to which the priests belong (5) the school or institution shall, after the completion of the training, elementary and advanced, hold examinations and gnmt certificates to the successful candidates both in respect of elementary training and advanced training is (6) the school or institution shall also provide for courses of training for the priests who are already serving in hindu public religious 'endowments and the provisions of sub-sections (2) to (5) shall apply to the priests who join such cour3es of training (7) the school or institution may also provide for refresher 20 ~ courses for the priests holding certificates granted by it (8) the school or in3titution may also make provision for parttime training for such hindu students studying in secular schools or institutions as may volunteer for such training during their lijpare time : 25 (9) the school or institution may initiate and maintain a system of award of stipends to students who are undergoing training therein, preference being g!ven as far as possible to the students from the families of hereditary priests 44 every hindu public religious endowment shall contribute ~ such percentage of its surplus funds not exceeding five per cent 30 thereof as may be specified in each case cr class of cases by the commissioner with the approval ~f the state government for the purpose of meeting the expenses of the school or institution referred to in section 43 and the expenses, if any, incurred in connection 35 with the payment of salaries and allow'lnces to the priests add such expenses shall be met from the contributions so received: c~dtribut10da by hindu public relilioui endowments towardj upenie8 ofachools orldltltutlou provided that no contributions made by any hindu public religious endowment belonging to any denomination, sect or bampr~ daya, shall be utilized for meeting the expenses of any school or institution of, or the expenses incurred in connection with the pay s ment of salaries and allowances to pdests attached to and serving in, hindu public religious endowments belonging to a different de--nomination, sect or sgmpradaya 45 notwithstanding anything in any rules, practices, usages or prielu customs of a hindu public religious endowment, no priest attached not to 10 to or serving in such endowment shall, on and after the commence- have any ment of this act, have any proprietsl'y right to" any part of the propria - ofterings made before the deity installed therein, nor shall he enjoy ::r:n right any right of custody of the jewels and other valuable articles be offer~,s longing to the epdowment: and jewels is provided that a priest shall have a proprietary right to any gift etc which is specifically made to him and not for the benefit of the en dowment, by any worshipper, devotee, pilgrim or other visitor 46 the commissioner shall, after consultation with the council, code of prepare a code of conduct for the priests and different codes may conduct be prepared in relation to different classes or categories of priests for prieltts 20 47 (1) the state government, after consultation with the coun- scale ~ '\ cll, shill, by rules made in this behalf, specify a regulated scale of fees to be fees which may be paid to a priest by worshippers, devotees, pi!- paid by grims or other visitors at a temple for services connected with worshipabhishek, archa:n4, puja, utsava and the like ,p~rs, visitors s (2) the trustee of every hindu public religiqus endowment shall 2 publish the scale of fees so specified, in such manner' as mey be prescribed and also exhibit such scale of fees in one or more cousp!-cuous parts of the endowment (3) the trustee shall supply to every priest, printed receipt books (duly certified by the ~rustee) in such form 'fi may be pres-30 cribed and the priest shall grant receipts from such receipt books to the worshippers, devotees, pilgrims or other visitors for the amounts paid by them (4) the commissioner may, after givoing reasonable opportunity of being heard to a priest who obtains payment of fees at a rate 35 higher than the specified rates or who omits to grant receipts for the amounts paid to him, prohibit him either absolutely or for a limited period from officiating as a priest in any hindu public religious endowment in the state pu;aria 48 (1) every 4tchajca or pu;ari attached to or serving in a huldu public religious endowment' shall receive such salary ang dearness and ather allowances as may be prescribed so, however, that the salary paid to an atch4'kcl or pujari shall in no case ,be less than rupees sixty per month and the dearness and other allowances paid to an atch4ka or a pu;ari shall not be less than those admissible to persons serving in connection with the aftairs of the state in the corresponding grades (2) wqere the income of a hindu public religious endowment i not sufficient' to meet the expenditure to be incurrm on account of 10 the salaries and allowances referred to in sub-eection (1), such salaries and allowances or any portion thereof may be paid out of the contributions referred to in section 44 (3) other conditions of service of cltchakcjb and pu;an attach- ed to and serving in a hindu public religious endowment shall be specified by rules made by the state government in this behalf lis and such rules may provide for the following among other matters, namely:-(a) the pension and provident funds for atchaktu and ~~; , ~ (b) the punishment by way of fine, suspen~ion or removal rfrom office for misconduct or negligence of duty, disobedience to the directions of the trustee or other authorities concemegl with the administration and management of the endowment; (c) the appeal against any such punishment and the autho rity to whom such appeal shall be preferred; 2~ (d) any other matter which is by the state government considered necessary for regulating the conditions of service of atchakas and pujari& (4) the trustee of every hindu public re!ig\ous endowment shall make endeavour to provide free residence tci every atchaka )0 or pujari attached to and serving in the endowment 49 (1) after the expiry of two years from the commencement x;cen= of this act, no trustee of a hindu pulblic religious endowment shall o po - allow any person to act, and no person shall act, as a panda unless such person-3s (a) possesses the qualifications specified under section 41 to perform any religious or other service for worshippers, devotees, pilarims or other visitors; and , " (b) has obtained, from the commissioner a mence granted in accordance with the provisions of this section and the rul~a made under this act (2) every person desiring to obtain, a licence referred to in :s sub-section (1)' shall make an application in writing to the commissioner in such form and manner as may be prescribed (3) on th~ receipt' 01 such application, the commissioner, after such inquiry, if any, as he considers necessary, shall, by order in writing, either grant or refuse to grant the licence 10 (4) where the commissioner refuses to grant a licence he shall ~rd a brief statement of the reasons for such refusal and furnish ·a copy thereof to the applicant (5) the fees on payment of which, the period for which, the conditions subject to which and the form in which a licence may is be granted shall, be such as'may be prescribed (6) the commissioner may, after giving the holder of a licence a reasonable opportunity of being heard, suspend or cancel the licence on the tfollowing, or anyone of the following grounds, namely:-' ! ' ', ~~ 20 (a) that there has been a breach of any of the conditions subject to which the licence has been granted; (b) that the holder of the licence has acted as a panda in contravention of the provisions of this act (7) whenever a licence is suspended or cancelled, the licensing 25 authority shall' record a brief statement of the reasons for such suspension or cancellation and furnish a copy thereof to the person whose licence has been suspended or cancelled (8) a licence granted under this section shall, unless cancelled earlier, continue in force for such period from the date on which it 30 is granted, as may be prescribed (9) every licence shall, urless the commissiollh for reasons to be recorded in writing otherwise decides in any ease, be renewable for the same period for which' the licence was originally " ~anted and shall be 'so renewable hoin time i to time and the fore-~ 's goin~' provisions of this section shall apply to the renewal 04 a ucenee as they apply ~o the grant thereof so (1) the trustee of every, hindu public, religious endowment other proshall ~int~~ a ~gister in which the name ~d other prescribed visio?s particulars 'of every licensed panda shall be entered" " relatmg to ' -pandal (j) every licensed panda shall on demand show his hcence to every worshipper, devotee, pilgrim or other visitor at a hindu public religious endowment (3) the state government shall', after consultation with the council and the commissioner, lay down the scale of maximum s and -minimum charges for the various services rendered by the pandas at the various hindu public religious endowments within the state and different scales of char:ges may be specifted for difterent hindu public religious endowments or lor different classes th 10 -ereof (4) the scale of charges specified under sub-section (3) for every hindu public religious endowment shall' be prominently displayed in one or more than one conspicuous place in that endowment (5) any panda who takes more than the maximum charges is from a worshipper, devotee, pilgrim or other visitor at the endowment or harasses in any way such worshipper, devotee, pilgrim or other visitor, -may be suspended or dismissed by the trustee from the service and the licence granted to such panda may also be cancelled :ao ~ 6) the trustees of hindu public religious endowments in important hindu religious centres shan encourage the pandas to organise themselves to act as qualified ~des to worshippers, devotees, pilgrims or other visitors who visit those endowments and shall make suitable arrangements for providing a short course :&, of training to the pandas for this purpose (7) a trustee who contravenes the provisions of this section shall be punishable with fine which may extend to two hundred ru·pees common gooe! rune!, 51 (1) it shall be lawful for the commissioner to create a 30 fmid to be called the hindu public religious endowmenta common good fund, hereinafter referred to as the fund, out of the contributions voluntarily made by the hindu public religious endowments within the state from their surplus funds or by any person, for the renovation and preservation of such endowments, 3' and the 'buildings and paintings requiring such renovation and preservation and for the promotion and propagation of the tenets common to all or any c~s of sucn endowments (2) the fund shall be administered by the conunfssioner in such manner as may be prescribed 52 (1) the trustee and the priest of every hindu public rell- account gious endowment shall keep accounts of p1'an4mis or padakaniklj8, of padathat is to say, any gift of prop'erty or money made to such trustee 7canijcaa or priest in his capacity as the head of the endowment or such 5 priest, in such form as may be prescribed expzanation-any gift of property or money made to a trustee or 'priest which is not sp~cally designated as a personal gift to such trustee or priest shall be deemed to have been made to him in his capacity as the head, or, as the case may be, the priest of the 10 endowment (2) the trustee or the priest shall be entitled to spend the p1'anamis or the padakanikas referred to in sub-section (1) in accordance with the rules, practices, usages or customs of the endowment concerned is (3) any pranami or padakanika which is not spent by the trustee or the priest during the tenure of his office in accordance with such rules, practices, usages or customs shall, after the termination of such tenure, form part of the property of the endowment 20 53 (1) the· trustee of every hindu public religious endowment maidtenshall keep accounts in such form and containing such particulars anee of as may be prescribed 11 accounts (2) the accounts kept under sub-section (1) shall be balanced in each financial year on the 31st day of march or such other date 2s as may be fixed by the commissioner in the case of any particular endowment having regard to the circumstances thereof (3) for the purpose of ensuring the proper keeping of accounts of any hindu public religious endowment, the trustee-(a) shall, where the annual income of the endowment is 30 ten thousand rupees or more, appoint, after consultation with the commissioner, a suitable person to be a full-time accountant of the endowment; and ) (b) may, in any other case, appoint, after such consultation, a suitable person to be a full-time or part-time accountant 54 (1) the accounts of every hindu public religious endowment audit of 3s (including the accounts of pranamis and padakanikas referred to in accounts section 52) having an annual income of not less than five thousand rupees shall be audited annually by an auditor to be appointed by the commissioner after consultation with the trustee, from among , 40 such chartered accountants, within the meaning of the chartered 766 (b) ls-5 i\ccountants act, 1949, as ha~e been approved in this behau by the state government; and the accounts of every hindu public religious endow~ent having, all annual income of less than five thousand rupees, ~ut not less than one thousand rupees, shall be audited annually by such person as may b~ appointed by the commissioner $ after consultation with the trustee -(2) the auditor shall have access to the accounts, books, vouchers, documents, papers and other records relating to such endowment in the possession or control of the trustee and may, by written notice, require the attendance before him of any person responsible for the 10· preparation of the ~ccounts to enable the auditor to obtain such information as he may consider necessary for the proper conduct of the audit i ,~ • ,~_i~lr - '_0 t::&: (3) within a month of the completion of the audit, the auditor shall prepare a report on the accounts audited and submit the same is to the commissioner and deliver a copy thereof to the trustee concerned (4) the auditor shall in his report specify all cases of irregular, improper or illegal expenditure or failure or omission to recover monies or other property belonging to the endowment or of loss 20 or waste of money or other property thereof and state whether such expenditure, failure, omission, loss or waste was caused in consequence of any breach of trust or misapplication of trust property or any other misconduct on the part of the trustee or any other person (5) the cost of the audit of accounts shall be borne by the state 2s government from out of the contributions referred to in section 58,' 55 (1) the commissioner, or any officer authorised by him by a general or special order, may-inspection and returns (a) enter into or upon and inspect any endowment property with such assistance as he may consider necessary; 30 (b) call for or inspect any books, papers, recards, correspondence, plans, accounts or ti~e-deeds relating to the- endowment in the possession or control of the trustee (2) if the commissioner or any officer· authorised -by him is resisted or obstructed in the exercise of his powers conferred on him 3s by sub-section (1), the magistrate having jurisdiction shall, on a written request from the commissioner or such authorised officer, direct any police officer not below the rank of sub-inspector, to render such help as may be necessary to enable the commissioner or such authorised officer to discharge the functions in exercise of such 40 power, (3) the commissioner or any officer authorised by him udtter sub-section (1) or the police officer referred to in sub-section (2) - - shall, before entering into or upon any endowment property give reasonable notice to the trustee and shall have due regard to the s rules, ,practices, usages or customs of the endow_nent (4) nothing in this section shall be deemed to authorise any person to enter int9 or upon any part of the endowment property which is a place of worship or is the gar'bha-griha (sanctum anctorum) or is regarded as specially sacred unless such person professes 10 the religion to which the endowment belongs 56 the co~i~sioner and every other person exercising powers obs~rof superintendence and control under this act shall not interfere vance of with, and shall, as far as may be, observe, the forms and ceremonies ar::opri- , appropriate to the religious endowment in respect of which powers :nd:= is are exercised and in the case of a religious endowment which is a monies by math, act in conformity with the rules, practices, usages or customs co~-of the math in his dealings with the head of the math aioner and, others in certain cases 57 if any question or dispute arises-determi-20 ( ) th i h· d ' bl' ii' nationot· a as to whe er a temp e is a in u pu lc re glous en- question ',: dowment or not; or as to (b) as to whether any matter is a matter of religion or any wtehethe1r ' t' i 1" t· tamp e practice is an essen la re iglous prac ice or no ; or is a hindu (c) as to any matter of basic importance in relation to the public administration and manabement of any hindu public religious religioui d h· h" th f th c es endowen owment, w lc in e opinion 0 e ommlssloner requlr m t ' en or adjudication or decision by the tribunal; or not or of , (d) as to any rule, practice, usage or custom of any hindu qumt!on public religious endowment; as toto cui m, such question or dispute snail be decided by the tribunal: usage, etc 30 provided that when urgent action is caiied for, the commissioner may decide such qu~tion or dispute and may in his discretion con- suit before deciding the question or dispute either the council or where consultation with the council is not practicable with reasonable despatch, such persons as he thinks fit, belonging to the denomi-3s nation, sect or samp1'adaya to which the religious endowmen~ belongs and possessing in his opinion adequate qusllifications makmg such persons fit for such consultation 58 (1) for purposes of defraying the expenses in connection with c:0ntributhe administration of this act the trustee of every hindu public re- tiona 40 ligious endowjll~qtr reptered' or deemed to be registered under this act, shall pay annually to the state government in such manner and _________ wi~~_~ch time as may be prescribed, such contributions by way of fees nof exceeding three per cent of its gross annqal income as the state government may determine (2) u any amount payable as contributions under sub-section (1) 5 is not paid within the time prescribed, it shall be recoverable as an arrear of land revenue 59 (1) the trustee of every hindu public religious ejldowment shall carry out all directions which may be issued to him by the commissioner under any of the provisions of this act 10 (2) the trustee of every such endowment shall, within such'-time or such extended time as may be fixed by the commissioner, furnish to the commissioner such returns statistics accounts or i , other information as the commissioner may require trustee toeait)'" out direc-- tions of commis_ sionerand tofumish returns, statistics and accounts chapter v is| appeal | and ||-----------|--------|| -_ | || | || _- | || - | || | || _- | || _--- | || " | || | || _ | || • | || ~~" | || | || appeals | || to | || tribunal | |60 (1) save as otherwise provided in this act and unless the context otherwise requires, an appeal· shall lie tq the tribunal from every order of the commissioner made under this act within a -period of sixty days from the date of the making of such order 20 explanation-for the purposes of this section, the tribunal shall be deemed to be a court within the meaning· of section 5 of· the limitation act, 1963 38oflh3 a of 1808 (2) th'e provisions of the code of civil procedure, 1908, with respect to appeals from original decrees shall, as far as may be, apply 25 to and in relatibn to appeals to the tribunal from the orders of the commissioner under this section as if such orders were decrees passed by a court exercising original jurisdiction and the tribunal were a court authorised to hear appeals from the decisions of such courts ;,; under that code 30 finality of orders and decisions '81 the decision of the tribunal on appeal under this act and subject only to such decision, the order of the commissioner from which an appeal lies to the tribunal under this act shall be final and conclusive 62 (n if at any time it appears to the commissioner that a 35 question of fact or of law relating to any matter dealt with in this act has arisen or is likely to arise, which is of such a nature and of such public importance that it is necessary qr prop~ ~g gbtain 1;be reference f of cases to tribunal by commissioner decision of the tribunal thereon, the commissioner may either \ojf his own motion or on the application of any person interested in a ---------·-hindu public religious endowment draw up a statement on the question and refer such statement with his own opinion on the question s for the decision of the tribunal (2) the tribunal after hearing the commissioner and the person on whose application the reference was made and any other person interested in any hindu public religious endowment who may desire to be heard, shall decide the question, so referred setting out the 10 grounds on which such decision is foulllded and a copy of the decision -~-'--;'-of the tribunal shall be transmitted to the commissioner who shall act, if necessary, according to such decision chapter vi miscellaneous15 83 (1) every in9uiry made under this act shall be held, as near- procedure ly as may be, in accordance with the procedure applicable under the and 5 of 1908 code of civil procedure, 1908, to the trial of suits: poi w~rsl at nqwr ei provided that rules may be made under this act with respect to the procedure for an inquiry under this act in so far as the proao visions of the code of civil procedure, 1908, are not applicable to such procedure (2) the commissioner shall, for the purpose of making an inquiry under this act, have the same powers as are vested in a civil 5 of 1908 court under the code of civil procedure, 1908, when trying a suit in 25 respect of the following matters, namely:-(a) the summoning and enforcing of the attendance of any witness and examining him on oath; (b) the discovery and production of any document or other material object producible as evidence; 30 (c) the reception of evidence on aftldavits; (d) the requisitioning of any public record from any court or office; (e) the issuing of any commission for the examination of witnesses; 35 (f) ny other matter which may be prescribed 64 (1) if any' person-o1fences and penalties (0) fails to apply for the registration of a hindu public religious endowment within the time specified in sub-section (6) of section 15; or (b) resis~ or obstructs the commissioner or any officer in 5 the exercise of his power under clause (0) or clause (b) of subsection (1) of section 55; or (c) furnishes or causes to be furnished to the commissioner any return, statistics, account or other information which is false and which he either knows or believes to be false or does not be- 10 lieve to be true, he shall be punishable with fine which may extend to one thousand rupees (2) no court shall take cognizance of an offence punishable under this act except upon a complaint in writing made either by the com- is missioner or by a deputy commissioner or an assistant commissioner specially authorised by the commissioner by writing in thi~ " behalf :," (3) no court inferior "to that of a presidency 'magistrate or'a magistrate of the first class shall try an offence punishable under 20 this act ' ' jurisdiction of civil courts barred 65 notwithstanding anything contained in any other la~ for tbe, " time being in force, no civil court shall entertain any suitor proc~-""" ing in so far as it relates to any question or matter'which the 'commissioner ~r the tribunal is i!mpoweted by this act to' de~ wi~ and los aecide: notice of certain suits to be given to tbecommissioner 68 (1)" in every suii or proceeding (except in ii sujt' instituted by a trustee for the recovery of the arrears of rents and proceedings, in execution of the decree passed in such suit) in respect of any hindu public religious endowment or property pertaining thereto or' in 30 respect of any specific endowment, whether instituted by a trusteear by any other person, the court shall send to the commissione:: by post a notice of the institution thereof (2) the commissioner may apply to the court in which any such suit or proceeding is pending, to be added as a party to the suit or 3s proceeding and shall thereupon be added as a party thereto (3) if the notice referred to in sub-section (1) -is not sent to the commissioner, the decree or order" passed or made in the suit or proceeding whether by the court of the first instance or 'by an appellate couri ,hall not be binding on the, commissioner, and shall,4o if the commissioner makes an application to the appropriate court in this behalf, be set aside and the suit or the proceeding shall be tried -by the court of the first instance after adding the commissioner as a party thereto s explanation-in this sub-section "appropriate court" means,-(a) in the case of an original decree or order, the court of the first instance; (b) where the ~riginal decree or order has merged in the appellate decree or order, the appellate court 10 67 no suit, prosecution or other legal proceeding shall lie against protection the central government or any state government or the com- ot acttctn missioner or the tribunal or any member of the council or any officer tak~n in or authority under this act for anything which is in good faith done ::th or intended to be done in pursuance of this act or any rule or order is made thereunder 68 any order made under this act which is capable of execution execution as a degree or order of a civil court shall, on an application made in ot ordera this behalf by the commissioner ar any person j,n w-hose favour such of the order is made, be enforced by a civil court within the local limits 01 ciomnush di' th d f' a oner 20 w ose juris ctlon e en owment property or any portion thereo 18 situate in the same manner as if such order _were a decree passed by such court 45 of 1880 69 the commissioner and every deputy and assistant com- commitmissioner shall be deemed to be public servants within the meaning aioner, 25 of section 21 of the indian penal code etc, to be public aervlults 70 unless the state government otherwise directs by notifica- application in the official gazette, nothing in this act shall apply to any tion of hindu public religious endowment or any class of such endowments, = to to which any special enactment applies meno:-governed by special enactments 30 71 (1) the state government may, by notification in the official power to gazette, make rules to carry out the purposes of this act make rules (2) in particular and without prejudice to the generality of the foregoing provision, such rules may provide for all or any of the following matters, namely:-(a) the manner of nomination of members of the council; 3s (b) the form and manner of making application for the registration of a hindu public religious endowment and the particulars it ma~ contain and the manner of inquiry for the purpos~ __ or registration of a religious endowment; s (c) the manner of issue of notice-(i) under sub-section (4) of section 26; any vacancy (ii) for the settlement of a scheme; (iii) to interested persons before idling in the office of trustee; (it» in any other case where notice is required to be 10 issued; (d) the manner of inquiry-(i) into any case under section 26; (ii) for the the settlement of a scheme; (iii) where an endowment is mismanaged; is (i'v) into any other matter under this act; (e) the service of notices and orders under this act; <i) the procedure to be followed by the commissioner in holding an inquiry under this act; (g) the form of the-register of hindu public religious 20 endowments maintained under section 14 and the particulars it may contain and the form of report notifying any change in the entry in the register; (h) the levy and collection of fees in respect of any application under this act for the registration of a hindu public 25 religious endowment and supply of copies of, or extracts from, the register maintained under section 14; (i) the form in which and the time within which the budget in respect of a hindu public religious endowment may be prepared and the manner of giving notice to the trustee before 30 making any alteration q¥ modification in the budget; (j) the form and manner in which accounts of hindu public religious endowments may be maintained and the particulars which such accounts may contain; (k) the time at which and the manner in which the ac- 3s counts may be audited; (l) the form and manner in which any report, return, statistics or other information may be furnished to the commissioner by any trustee under this act; (m) the manner in which and the time -within which con: tributions are to be paid by the trustee of a hindu public religious endowment; (n) the conditions of service of priests and the code of conauct to be followed by them; 5 (0) the syllabus for the training of priests; (p) the training, and the selection for such training, of sadhus and b4nyasis, the manner of, and syllabus for, such training; 10 (q) the scales of fees and charges which the worshippers, devotee's, pilgrims or other visitors at a hindu public religious endowment shall pay to the priests for services rendered by them to such worshippers, devotees, pilgrims or other visitors and the manner of publication of the specified scales of fees and charges; is (r) the form oi printed receipts which are to be granted by the priests for payments made to them by worshippers, devotees, pilgr~ or other visitors and the form in which accounts of pranamis or pada!canikas are to be kept; 20 (8) the conditions and ,restrictions subject to which the accumulated surplus of a hindu public religious endowment may be appropriated ·by a trustee, the manner of publication of the proposal for the utilisation of such surplus and the manner of publication of the sanction of the commissioner; 25 (t) the manner of administration of the hindu public religious endowments common good fund; (u) any other matter which is to be or may ,be prescribe or provided for by rules or with r~·pect to which it is necessary in the opinion of the state government to' make rules 30 72 if any difficulty arises in giving effect to the provisions of power to this act, the central government may, by orde~ as occasion re- re~ quires, do anything which appears to it to be necessary for the difticultiel purpose of removing the difficulty 73 (1) on the commencement of any provisions of this act in cesser of 35 any state, any law applicable immediately before such commence- appllcament to hindu public re·ligious endowments in that state and cor- tion of responding to those provisions shall cease to apply to such endow- ;:~~ menta law and lavidp 788 (i) :rs i ~ i • (2) ~otwithstanding· the cesser of application 6f aily such law, anything done or any action taken (including any appointment made, any direction given, any - register maintained, any scheme framed, any rule or older made or any restriction or limitation imposed) under such law in relation to hindu public religious s endowments shall, in so far as such thing or action is not inconsistent with the provisions of this acl,be deemed to have been done or taken under the provisions of this act as if such provisions were in force when such thing was done or such action was taken and shall continue in force accordingly until superseded by anything 10 done or any action taken und~r this ac:t statement of objects and reasonsthe hibdu religious endowments commission was appointed on 1st march, 1960, under section 3 of the commissions of inquiry act 1952, for the purpose of making an inquiry into certain matters connected with hindu public reugious endowments the commission submitted its report, containing inter alia 114 recommendations to the government of india on 31st may 1962 some of the recommendations relate to general policy and some are of an administrative nature and there are also 'n~f!w recommendations relating ·to particular temples and maths the commission has emphasized the imperative necessity for undertaking suitable legislation, particularly in states having no legislation governing hindu religious endowments, namely, assam, punjab, west bengal and uttar pradesh the report was laid on the table of each house of parliament on 10th august, 1962 2 as the subject of religious endowments faus in the concurrent field of legislatipn (entry 28, list m of the seventh schedule to the constitution), the report was circulated to the state governments and to the administrators of union territories for their views after i!onsidering the comments received t'fom the state governments and the administrations of union territories and the comments sent by various institutions and individuals with reference to the report of the commission, government have decided to give effect practically to all the principal recommendations of the commission in so far as they are capable of implementation by legislation the bill is intended to give etfect to this decision and will extend to the whole of india except jammu and kashmir and apply to all hindu public religious endowments (that is, to all maths and public temples) including buddhist religious endowments 3 the notes on clauses explain the salient features of the bill a k sen new delhi; the 7th july, 1965 _ ~iit"":· c'z4use i-the bill when enacted will extend to the whole of india except the state of jammu and kashmir because entry 28 of the concurrent list,-"cbarities and charitable institutions, charitable and religious endowments and religious institutions"-has not ueen extended to the state of jammu and kashmir power to' bring the act into force has been given to the state governments except b;ftspect of clauses 8 to 13 which provide for the ·central council and central tribunal power in respect of these latter clauses has been given to the central government clause 2-special attention is drawn to the definitions of "math", "person interested", "priest", "public temple", "religious endowment" and "trustee" clauses 3 and 70-clause 3 provides that th~ act will apply to all hindu public religious endowments, that is to say, to all maths (vide recommendation no (6) on page 174 of the report) and all public temples [tnde the second paragraph of recommendation no (4)-on page 1731 hindu~ublic religious endowments'will include buddhist religious endowments also jain religious institutions have, however, been excluded from the purview of the bill the reasons for such exclusion are several and have been noted in the report of the hindu religious endowments commission itself in the first place, jain religious institutions are managed by elected bodies and are, ·by and large, very well run; "cases of mismanagement are very few if and when such cases arise, the acharyas, and sadhus and sangh deal with them and set matters right public opinion and public pressure are such that the defaulter ordinarily makes good the loss unless his condition is such as to make it impossible for him to do so," (vide para 14 of chapter ix of the report) in the second plac~, jains do not have 1my mohant in charge of religious institutions in order to do anything corresponding to the shebaits of hindu temples' and as a matter of fact their acharyas do not own any property or accept any offerings (vide para 6, ibid) in the third place, hereditary tru·steeship is not prevalent among the jains trustees keep the accounts relating to the endowment and submit them to the sangh every year (vide para 14, ibid> in the next place, the standard of cleanliness maintained in jain temnles is very high the jain community takes a great deal of enlightened interest in the maintenance of their shrines and in the maintenance of - a proper and serene religious atmosphere surrounding them the stupendous activity in the direction of repair, expansion and renovation work connected with these temples some of which are of great architectural beauty is such thai it is worthy of healthy emulation by hindu temples and organizations (vide para 35, ibid) all these salutary features noted by the commission in connection with the management of jain temples may suffer adversely, because of possible interference by the various statutory authorities proposed to be set up in the bill accordingly jain religious institutions have --been excluded from the purview of the bill under clause 70 unless the state government otherwise directs, - the provisions of the act will not apply to any hindu public religious endowment if in respect thereof there is any special enactment in force such as the badrinath and kedarnath temples, the puri temple, the tirupati temple, the bodh gaya temple, etc clause 4-tbe various authorities for the effective administration of hindu public religious endowments have been mentioned in this clause the principal authorities will be the commissioner, the central religious endowments council and the reugious endowments tribunal clauses 5 to 7-these clauses deal with appointment, condttions of service, powers and functions of the commissioner and his deputies and assistants [vide paragraph 17 on pages 124-125 and recommendations nos (58) and (59) on page 183 of the report] czauses 8 and 9-clause 8 provides for the constitution by the central government of a central religious endowments council representing various interests (including sadhus and sanyasis) and the state governments [vide the last portion of the first paragraph on page 126 and recommendation no (62) on page 183 of the report] under clause 9, the council shall perform such functions as may b~onferred on it by the act and the rules made thereund,!r it has been provided throughout the bill that the commissioner and, the state government shall in respect of several important matters consult the council before taking action clauses 10 and 13-clause 10 provides for the constitution of a religious endowments tribunal on an all-india 'basis and clause 13 provides for the col'stitution and procedure of the tribunal [ti(ie paragraphs 20 and ~1 on pages 127-28 and recommendations nob o (64) to (69) on pages 184-85 of the report] the chairman of the tribunal shall be a person who has been, or is, or is qualified to be, appointed as a high court judge the other members shan be persons who have either held senior administrative offices under the _government and have adequate administrative and financial experience for not less than ten years under the government, or who are specially conversant with hindu scriptures and religion and religious practices and with the working of hindu religious endowments clauses 11, 26, 57, 60, 61, 62, etc-these clauses deal with the various important functions of the tribunal [vide paragraph 20 on page 127 and recommendations nos (64) and (70) on pages 184-85 of the,r~i1] the tribunal will have original as well as appellate jurisdiction an appeal will lie to the tribunal from the decistons of the commissioner and the tribunal will have exclusive original jurisdiction in regard to certain matters, eg, (i) succession and appointment to hereditary offices, such as hereditary trustees, heads of maths, etc, (ii) determination of what are matters of religion or essential religious practices and what are ancillary and unessential accretion's, and (iii) such other matters of basic importance in relation to the administration and management of temples, maths, etc, which in the opinion of the commissioner, require adjudication or decision by the tribunal clause 12-this clause deals with appointment of assessors to aid the tribunal in the discharge of its functions [vide recommendationno (66) on page 184 of the report] clauses 14 to 21-these clauses deal with registration of all hindu public religious endowments with the commissioner clauses 22, 24 and 25-these clauses deal with appointment and succession to the office of trustee, disqualifications for trusteeship removal of trustees, etc [vide paragraph 24 at page 101 and recommendations nos (38) to (41) at pages 180-81 and recommendation no (57) at page 183 of the report] appointment and succession to ofticeaf trustee will be regulated by rules" practices, usages o~ customs of the religious endowment concerned with respect to such appointment or succession clause 23-this clause provides that the hindu succession act 1956, shall not apply to succession to the ,office of trustee [mde paragraph 25 on page 101 and recommendation no (42) on page 181 of the report] clause 27-this clause empowers the commissioner to susppnd a trustee in cases of urgency and to report the action taken to the fribunal [vide recommendation no (63) on pages 183-84 qf the report] clauses 28 and 29-these clauses do not call for any comment [vide recommendations nos (27) and (29) on pages 177-78 of the report] the administration and management of every hindu public religious endowment will vest in the trustee thereot clause 30-this clause provides for the preparation and maintenance by the trustee of a register in the prescribed form in relation to the religious endowment clause 31-this clause relates to the power of the commissioner in cases of iij-isinanagement and is consequent upon the general powers of supervision and control to be exercised by the commissioner over hindu public religious endowments clauses 32, 33, 34, 35 and 36-these clauses relate to the preparation of budgets by trustees of public religious endowments and the provisions to be made therein for carrying out obligatory objects and discretionary objects [vide recommendations nos (28), (30), (31), (34) and (35) at pages 178-80 and recommendation no (71a) at page 185 of the report] clause 37-this clause empowers the ~ommissioner to fram~' a scheme for proper administration of any hindu public religious endowment and ~ollows from the general powers of the commissioner as recommended by the commission clause 3b-this clause provides for the applica:tion of the property cy pres [vide recommendations nos (36) and (37) on page 180 of the report] on the lines of sections 13 and 14 of the uk charities act, 1960 c14use 39-this relates to investment of endowment money in what may be called gilt-edged securities and follows out of the recommendations r~lating to the proper and"::l!fbcient management of endowment properties clause 4o-this clause provides for the alienation (by way of sale, mortgage, exchange or gift, or by way of lease for over three years) of immovable property belonging to an endowment only with the previous sanction of the commissioner and follows more or less recommendation no (52) and recommendation no (56) made on pag~s 182-83 of the report clauses 41, 42, , and 44-these clauses prohibit arcjum4 and pu;a in maths and public temples by unquawied priesta after the e!xpfry qf two y~rs from the commencement of the act, provide fot __~he qualifications to be possessed by priests, the setting up of schools for the training of priests and the syuabus for elementary and ad--vallced training in such schools and the contributions to be made by the various hindu public religious endowments towards the ex- penses of the schools and other institutions [vide recotnmendatiolls nos (8), (9), (10) on pages 114-175 and nos (31) and (32) on page 178 of the report] clauses 45 and 52-these clauses provide that trustees and priests should have no proprietary rights over any gifts or offerings, pranamis or padakanikas made ~shippers, devotees, etc, unl~ss they have been specifically designated as personal to the' trustee or priest [vide recommendations nos (4), (7) and (11) on pages 173, 174 and 175 and recommendation no (26) on page 177 of the report] clause 46-tbis clause provides for the preparation of codes of conduct for the ~ests by the commissioner after consultation with the council [vid~ recommendation no (14) on page 176 and the latter part of recommendation no (22) on page 177 of the report] clause 47 and clause 50 (3) to (5) -these provisions seek to regulate all fees paid by worshippers, devotees and other visitors [vide recommendations nos (15) aiw (23) on pages 176 and 177 of the report] ckluse 48-this clause deals with the emoluii1ents and ether conditions of service of archakas and pujaris [vide recommendations nos (12) and (13) on pages 175-76 of the report] clauses 49 and 50-these clauses deal with special provisions relating to pandas~ their liceming and the prescription of the scrle of maximum and minimum charges for the services rendered by them, etc [yide recommendations nos (20), (21), (22) and (25) on page 177 of the report] clause 51':-this clause provid~or the creation of a common good fund [vide recommendation no (33) on pages 178-79 of the report] out of contributions voluntarily made by hindu public religious endowments from their surplus funds or by any person, for the renovation and preservation of such endowments, etc clauses 53, 54 and 55-these clauses are based on recommendations no (28) on page 178 and (71a) on page 185 of the report alld relate to maintenance of accounts by t~ees and their audit, and power of the commissioner to inspect any endowment property and to call for returns, etc, from trustees ~-'---s::'~, ~-~s cla~ is ~ in view of the provision's of the constitution contairied in article 28 cl4u6e 57-tbia clause to which reference has already been made in connection wttl\ the functions of the tribunal is based upon recommendations no (61) on page 183 and (64) ('b) and (c) on page 184 of the report ' clauae 58-this clause deals with the contributions to be made by the varjq~ hindu p11plic religious eddo~ts for the pprpose of defraying the expenses in connection with the administration of the ~ct ' 9~ub~ ~-this clause ~ ~ciuary to th~ general powers of the commissioner , c~usel ~o, ~1 ~nd 62-'fh~ cla~ ~e~ ~~ ~ppea1s to the tri~unal and r!!f~nc~ to it ~y ~e co~one~ clauses 63 to 70-tbese clauses provide for miscellaneous matters which are incidental ~r ~cillary to ~e foregoing provisions clause 7l this clause gives power to the state government to make ruies to carry out the purposes of the act clause 73-this clause provides that on the commencement of the act in any state, any law applicable to any hindu public religious endowment shall cease to apply to such endowment; actiqd8 taken or things done before such commencement under the old law are, however, saved memorandu,m regarding delegated legislationclause 71 of the bill empowers the state government to make rules to carry o\lt the purposes of the act the matters in respect of which such rules may be made have been specified therein they relate inter alia to the form and manner of making application3 for registration of hindu public religious endowments, the levy and collection offel! in respect of such registration, the form of the register, the manner of making certain inquiries, the servicta of notices and orders, the form of the budget of a hindu public' religious endowment, the form and manner in which the accounts of such endowment may be maintained and the audit of sucb accounts, the form and manner in which- reports, returns, etc, have to be fur nished, the conditions of service of priests and their training, the scales of fees and charges payable to the priests for services renctered by them to worsl;1ippers, pilgrims, etc, the conditions and restrictions subject to which the accumulated surplus of the religious endowment may be utilized by ~ trustee and the administration of the hindu public religio~ endowments common good fund all these matters are matters of detail or of administrative character 2 efhe delegation of legislative power is thus of a normal character a bill to provide for the better supervision and more effective administration of hindu public religious endowments and for matters connected therewith (shri asoke k sen, minister of lard and social security) | Parliament_bills | 434f6479-b3a7-513a-84a1-a5ec31ed1797 |
bill no 81 of 2009 the youth welfare bill, 2009 byshri jp agarwal, mpa billto provide for a comprehensive policy for the development of the youth in the countrybe it enacted by parliament in the sixtieth year of the republic of india as follows:—1 (1) this act may be called the youth welfare act, 2009short title, extent and commencement(2) it extends to the whole of india5(3) it shall come into force on such date, as the central government may, by notificationin the official gazette, appointdefinitions2 in this act, unless the context otherwise requires,—(a) 'appropriate government' means in the case of a state, the state government and in the case of a union territory, the union government;10(b) 'youth' means all persons between fifteen to thirty-two years of age; (c) 'youth organisation' means an organisation of youth which provides foruniversal membership, without any discrimination on the basis of race, religion,language, caste, creed or sex and the constitution of which provides for its democratic functioning in respective states and union territories, as the case may be; and(d) 'prescribed' means prescribed by rules made under this act3 the appropriate government shall provide to every eligible youth,—(a) compulsory and free education including technical education;5compulsory and free educational facilities(b) materials like books, stationery and uniform free of cost; (c) free hostel facilities; (d) scholarships to meritorious students; (e) free transport facilities;10(f) pocket allowance at the rate of rupees two hundred to rupees two hundredfifty per month according to the age of the youth, as may be prescribed;(g) recreational facilities free of cost; and(h) free access to all libraries and technical institutions4 the appropriate government shall provide,—sports facilities to the youth15(a) training in sports to every eligible youth and facilities for participation insports activities both inside and outside the country;(b) representation to youth organisations in sports associations; and(c) such other facilities, as may be prescribed, for the welfare of youth, who represent the country in sports, throughout his lifetime205 the appropriate government shall provide nutritious meals free of cost to all the students in schools, colleges, universities, hostels and technical institutionsprovision of nutritious meal in schools, etc6 the appropriate government shall provide medical and health care facilities to the youth free of costmedical and health care facilities to the youth25appointment of expert committees7 (1) the appropriate government shall appoint an expert committee consisting of such number of eminent educationists and psychologists, as may be prescribed, in every district; and(2) the expert committee shall recommend the type of education or training in a vocation to be imparted to a youth of the district after he or she passes the tenth class examination308 the appropriate government shall evolve a scheme under which every eligible youth shall be imparted training in modern apprenticeship trades and vocationstraining of the youth in trade and vocation military training to the youth9 the central government shall provide military training to all the able-bodied youth and those who successfully complete the training shall be given preference in employment in defence services10 the appropriate government shall provide—35provision of employment(i) employment to the youth after completion of their education or training; or (ii) unemployment allowance at such rate, as may be prescribed, till they are provided with gainful employmentpower to make rules11 (1) the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act510(2) every rule made under this act shall be laid, as soon as may be after it is made,before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both the houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule statement of objects and reasonseven after six decades of independence, no clear-cut policy for youth has been laid down in our country so far the education should be the right of every youth and not a privilege of a few and employment should be guaranteed to them the youth should be linked directly with the production process the disparities between the rural and urban youth should be eliminated gradually the youth today is also facing serious health problems, absolute inadequacy in sports and cultural facilities a considerable chunk of youth population is still reeling under poverty a proper policy is required to be evolved for comprehensive development of the youth and proper utilization of their energies and education a comprehensive youth policy for their all-round development is, therefore, absolutely necessaryhence this billnew delhi;jp agarwaljuly 20, 2009 financial memorandumclause 3 of the bill provides for compulsory and free education and also supply of materials like books, stationery and uniform free of cost and pocket allowance to all the youth it also provides for free hostel and transport facilities and scholarships to youth clause 4 provides for training and participation of youth in sports activities clause 5 provides for nutritious diet free of cost to all the students in schools, colleges, universities and hostels clause 6 provides for medical and health care facilities to all the youth clause 7 provides for appointment of an expert committee to recommend the type of education that is to be imparted to the youth clause 8 provides for formulation of a scheme under which the youth will be imparted training in modern apprenticeship trades and vocations clause 9 provides for military training to able-bodied youth by the central government clause 10 provides for employment to all the youth after completion of their education, training or vocation or unemployment allowance till they are provided with gainful employmentthe bill, therefore, if enacted, would involve expenditure from the consolidated fund of india in respect of the union territories the state governments will incur the expenditure from their respective consolidated funds in respect of their states supplemented by assistance from the central government an annual recurring expenditure of about rupees three hundred crore is likely to be incurred from the consolidated fund of indiaa non-recurring expenditure of about rupees five crore is also likely to be incurred memorandum regarding delegated legislationclause 11 of the bill empowers the central government to make rules for carrying out the purposes of the bill the rules will relate to matters of detail only and as such the delegation of legislative power is of a normal character lok salok sabhabha———— a billto provide for a comprehensive policy for the development of the youth in the country————(shri jp agarwal, mp)gmgipmrnd—3911ls(s-5)—05112009 | Parliament_bills | 182470bb-ead8-52a9-bb2d-89a7d38740e4 |
the national sports university bill, 2018—————— arrangement of clauses—————— clauses1short title, extent and commencement2definitions3establishment of university4objects of university5powers and functions of university6university to be open to all castes, creed, race or class7central government to review work and progress of university8officers of university9chancellor10vice-chancellor11deans of schools12registrar13finance officer14controller of examinations15librarian16other officers17authorities of university18the court19executive council20academic and activity council21board of sports studies22finance committee23other authorities of university24power to make statutes25statutes, how to be made26power to make ordinances27regulations28annual report clauses29annual accounts30fund of university31returns and information32conditions of service of employees, etc33procedure of appeal and arbitration in disciplinary cases against students34right to appeals35provident and pension funds36disputes as to constitution of authorities and bodies37filling of casual vacancies38proceedings of authorities or bodies not invalidated by vacancies39protection of action taken in good faith40mode of proof of university record41power to remove difficulties42statutes, ordinances and regulations to be published in the official gazette and tobe laid before parliament43transitional provisions44repeal and savingsthe schedule bill no 119 of 2018 the national sports university bill, 2018 a billto establish and incorporate a national sports university in the state of manipur, aspecialised university first of its kind, to promote sports education in the areas of sports sciences, sports technology, sports management and sports coaching besides functioning as the national training centre for select sports disciplines by adopting best international practices and for matters connected therewith or incidental theretobe it enacted by parliament in the sixty-ninth year of the republic of india as follows:—1 (1) this act may be called the national sports university act, 2018 (2) it extends to the whole of indiashort title, extent and commencement(3) it shall be deemed to have come into force on the 31st day of may, 2018 2 in this act, unless the context otherwise requires,—definitions5(a) "academic and activity council" means the academic and activity councilof the university;(b) "academic staff" means such categories of staff as are designated as academicstaff by the ordinances;(c) "board of sports studies" means the board of sports studies of a department of the university;(d) "chancellor" means the chancellor of the university; (e) "college" means a college or other academic institution established or maintained by, or admitted to the privileges of, the university;5(f) "court" means the court of the university; (g) "department" means a department of studies and includes a centre of studies; (h) "employee" means any person appointed by the university and includes teachers and other staff of the university;10(i) "executive council" means the executive council of the university; (j) "finance committee" means the finance committee of the university; (k) "fund" means the university fund referred to in section 30;15(l) "hall" means a unit of residence or of corporate life for the students of the university, or of an outlying campus or of a college or an institution, maintained by the university;(m) "head of the department" means the head of any teaching department of the university;(n) "institution" means an academic institution, not being a college, maintained by, or admitted to the privileges of, the university;20(o) "outlying campus" means the campus of the university as may be established by it at any place within or outside india;(p) "principal" means the head of a college or an institution maintained by the university and includes, where there is no principal, the person for the time being duly appointed to act as principal, and in the absence of the principal, or the acting principal, a vice-principal duly appointed as such;25(q) "regional centre" means a centre established or maintained by the university for the purpose of coordinating and supervising the work of study centres in any region and for performing such other functions as may be conferred on such centre by the executive council;30(r) "regulations" means the regulations made by any authority of the university under this act for the time being in force;(s) "school" means a school of studies of the university; (t) "section" means the section of this act; (u) "state" includes a union territory;35(v) "statutes" and "ordinances" mean, respectively, the statutes and the ordinances of the university for the time being in force;(w) "study centre" means a centre established, maintained or recognised by the university for the purpose of advising, counselling, training or for rendering any other assistance required by the students;40(x) "teachers of the university" means professors, associate professors, assistant professors and such other persons as may be appointed for imparting instructions, training or conducting research in the university or in any outlying campus, college or institution or regional centres and study centres maintained by the university and are designated as teachers by the ordinances;(y) "university" means the national sports university established and incorporated as a university under this act;(z) "vice-chancellor" means the vice-chancellor of the university3 (1) there shall be established a university by the name of "national sports university"5establishment of university(2) the headquarters of the university shall be in the state of manipur and it may establish or maintain outlying campuses, colleges, regional centres and study centres at such other places in india as it may deem fit:10provided that the university may, with the prior approval of the central government, also establish outlying campuses and study centres outside india15(3) the first chancellor, the first vice-chancellor and the first members of the court, the executive council and the academic and activity council, and all such persons who may hereafter become such officers or members, so long as they continue to hold such office or membership, are hereby constituted a body corporate by the name of "national sports university"(4) the university shall have perpetual succession and a common seal, and shall sue and be sued by the said name4 the objects of the university shall be––objects of university(i) to evolve as an institute of advanced study in the field of physical education and sports sciences;20(ii) to provide for research and development and dissemination of knowledge in physical education and sports sciences by providing specially designed academic and training programmes in various areas of physical education and sports sciences and training in advanced technologies of sports;25(iii) to strengthen physical education and sports training programmmes topromote sports including traditional and tribal sports and games;(iv) to establish centres and institutions of excellence for imparting state of the art educational training and research in the fields of physical education and sports sciences, sports technology and high performance training for all sports and games;30(v) to provide professional and academic leadership to other institutions in thefield of physical education and sports sciences;(vi) to provide vocational guidance and placement services in physical education, sports sciences, sports medicine, sports technology and other related fields;35(vii) to generate capabilities for the development of knowledge, skills and competences at various levels in the fields of physical education and sports sciences, sports technology and high performance training for all sports and games;(viii) to generate capabilities to provide infrastructure of international standard for education, training and research in the areas related to physical education and sports sciences, sports technology and high performance training for all sports and games;40(ix) to prepare highly qualified professionals in the fields of physical educationand sports sciences, sports technology and high performance training for all sports and games;45(x) to serve as a centre of excellence for the elite and other talented sportspersonsof all sports and games and innovation in physical education and sports sciences and to carry out, endorse and propagate research;(xi) to function as a leading resource centre for knowledge and development in the areas of physical education and sports sciences, sports technology and high performance training for all sports and games;5(xii) to provide international collaboration in the fields of physical education and sports sciences, sports technology and high performance training for all sports and games;(xiii) to establish close linkage with sports academies, schools, colleges, sports and recreation clubs, sports associations and international federations for the purpose of teaching, training and research in physical education and sports sciences, sports technology and high performance training for all sports and games;10(xiv) to train talented athletes so as to help them to evolve into elite athletes of international level;(xv) to make india become a sporting power;15(xvi) such other objects, not inconsistent with the provisions of this act, which the central government may, by notification in the official gazette, specify in this behalf 5 (1) the university shall have the following powers and functions, namely:––powers and functions of university20(i) to plan, design, develop and prescribe courses of study and conduct appropriate academic and training programmes in physical education and sports sciences including sports technology and to provide for instruction and training in such branches of learning as the university may, from time to time, determine and to make provisions for research and for the advancement and dissemination of knowledge;25(ii) to grant, subject to such conditions as the university may determine, diplomas or certificates to, and confer degrees or other academic distinctions on, persons, on the basis of examinations, evaluation or any method of testing, and to withdraw any such certificates, diplomas, degrees or other academic distinctions for good and sufficient cause;30(iii) to provide opportunities to the students of the university to participate in the sports tournaments and competitions in co-ordination with established international sports federations, national sports federations, indian olympic association and association of indian universities;(iv) to have liaison or membership with various international professional organisations or bodies;35(v) to establish and maintain, with the prior approval of the central government, such outlying campuses, regional centres, specialised laboratories or other units for research, instruction and training as are, in the opinion of the university, necessary for the furtherance of its objects;(vi) to establish, maintain or recognise study centres in the manner laid down by the statutes;(vii) to establish and maintain colleges, institutions and halls;40(viii) to confer honorary degrees or other distinctions in the manner prescribedby the statutes;45(ix) to institute principalships, professorships, associate professorships, assistant professorships and other teaching or academic positions, required by the university and to appoint persons to such principalships, professorships, associate professorships, assistant professorships or other teaching or academic positions;(x) to appoint persons working in any university or academic institution, including those located outside the country, as teachers of the university for a specified period;(xi) to create administrative, ministerial and other posts and to make appointmentsthereto;5(xii) to co-operate or collaborate or associate with any other university orauthority or institution of higher learning, including those located outside the country, in such manner and for such purposes as the university, may determine;(xiii) to provide facilities through the distance education system to such personsand in such manner as may be prescribed by the statutes;(xiv) to institute and award fellowships, scholarships, studentship, medals andprizes for raising academic standards and research;10(xv) to organise and to undertake extramural studies, training and extensionservices;(xvi) to make provision for research and advisory services and for that purpose,to enter into such arrangements with other institutions, industrial or other organisations, as the university may deem necessary;15(xvii) to organise and conduct refresher courses, workshops, seminars and otherprogrammes for teachers, evaluators, other academic staff and students;(xviii) to appoint on contract or otherwise visiting professors, emeritus professors,consultants and such other persons who may contribute to the advancement of the objects of the university;20(xix) to determine standards of admission to the university, which may includeexamination, evaluation or any other method of testing;(xx) to demand and receive payment of fees and other charges; (xxi) to supervise the residences of the students of the university and to makearrangements for promoting their health and general welfare;25(xxii) to lay down conditions of service of all categories of employees, includingtheir code of conduct;(xxiii) to regulate and enforce discipline among the students and the employees,and to take such disciplinary measures in this regard as may be deemed by the university to be necessary;30(xxiv) to make arrangements for promoting the health and general welfare of theemployees;35(xxv) to receive benefactions, donations and gifts and to acquire, hold andmanage, and to dispose of, with the previous approval of the central government, any property, movable or immovable, including trust and endowment properties, for the purposes of the university;(xxvi) to borrow, with the previous approval of the central government, on thesecurity of the property of the university, money for the purposes of the university;40(xxvii) to conduct innovative experiments and promote new methods andtechnologies in the fields of physical education, sports sciences, sports medicine, sports technology, sports management and other related fields;45(xxviii) to purchase or to take on lease any land or building or sports complex or sports infrastructure and scientific sports research equipment or indoor stadium or works which may be necessary or convenient for the purposes of the university, on such terms and conditions as it may think fit and proper and to construct, alter and maintain any such building or work;(xxix) to start any new allied course or research programme or diploma or training programme and discontinue any course or training programme;(xxx) to invest the funds of the university in or upon such securities and transpose any investment from time to time in such manner as it may deem fit in the interest of the university;5(xxxi) to execute conveyances regarding transfers, mortgages, leases, licenses, agreements and other conveyances in respect of the property, movable or immovable, including government securities, belonging to the university or to be acquired for the purposes of the university, after taking prior permission of the central government;10(xxxii) to act as a technical advisory body to government of india and other national organisations, state governments and national sports federations on all matters related to sports;(xxxiii) to provide training, coaching and other back up to high level sports persons for achieving success in different national and international sports competitions;15(xxxiv) to give effect to the procedures and standards provided under the khelo india scheme or the national sports talent search and identification scheme;(xxxv) to confer autonomous status on a college or an institution in the manner laid down by the statutes;(xxxvi) to admit to its privileges any college or institution in or outside india subject to such conditions as may be laid down by the statutes:20provided that no college or institution shall be so admitted except with the prior approval of the central government;(xxxvii) to provide for the preparation of instructional and training materials, including films, cassettes, tapes, video cassettes and other software;25(xxxviii) to recognise persons for imparting instructions in any college or institution admitted to the privileges of the university; and(xxxix) to do all such other acts and things as may be necessary, incidental or conducive to the attainment of all or any of its objects (2) the university shall in the exercise of its powers have jurisdiction over the whole of india and to the outlying campuses and study centres outside india30(3) in exercising its powers referred to in sub-section (1), it shall be the endeavour of the university to maintain an all-india character and high standards of teaching, training and research, and the university shall, among other measures which may be necessary for the said purpose, take, in particular, the following measures, namely:—35(i) admissions of students and recruitment of faculty shall be made on all-india basis through appropriate procedures approved by the executive council of the university;(ii) foreign students shall be admitted by the university to various courses and programmes as per the policy and schemes of the government of india and the procedure approved by the executive council of the national sports university;40(iii) inter-university mobility of faculty with portable pension scheme benefits,if any, and protection of seniority shall be encouraged;(iv) semester system, continuous evaluation and choice-based credit systemshall be introduced and the university shall enter into agreement with other universities and academic institutions for credit transfer and joint degree programmes;45(v) innovative courses and programmes of studies shall be introduced with aprovision for periodic review and restructuring;(vi) active participation of students shall be ensured in all academic activities ofthe university, including evaluation of teachers;(vii) accreditation shall be obtained from the national assessment and accreditation council or any other accrediting agency at the national level; and(viii) e-governance shall be introduced with effective management information5university to be open to all castes, creed, race or class6 the university shall be open to persons of any sex and of whatever caste, creed,race or class, and it shall not be lawful for the university to adopt or impose on any person, any test whatsoever of religious belief or profession in order to entitle such person to be appointed as a teacher of the university or to hold any other office therein or to be admitted as a student in the university or to graduate thereat or to enjoy or exercise any privilege thereof:10provided that nothing in this section shall be deemed to prevent the university frommaking special provisions for the employment or admission of women, persons with disabilities or of persons belonging to the weaker sections of the society and, in particular, of the scheduled castes, the scheduled tribes and the other socially and educationally backward classes of citizens:15provided further that no such special provision shall be made on the ground of domicile20central government to review work and progress of university7 (1) the central government may, from time to time, appoint one or more persons toreview the work and progress of the university, including outlying campuses, colleges, institutions, regional centres and study centres maintained by it, and to submit a report thereon; and upon receipt of that report, the central government may, after obtaining the views of the executive council thereon through the vice-chancellor, take such action and issue such directions, as it considers necessary, in respect of any of the matters dealt with in the report and the university shall abide by such action and be bound to comply with such directions25 30(2) the central government shall have the right to cause an inspection to be made bysuch person or persons, as it may direct, of the university, its buildings, sports complexes, libraries, laboratories and equipment, and of any outlying campus or college or institution or regional centres or study centres maintained by the university; and also of the examinations, teaching and other work conducted or done by the university and to cause an inquiry to be made in like manner in respect of any matter connected with the administration or finances of the university, colleges or institutions or regional centres or study centres(3) the central government shall, in every matter referred to in sub-section (2), give notice of its intention to cause an inspection or inquiry to be made, to the university, and the university shall have the right to make such representations to the central government, as it may consider necessary35(4) after considering the representations, if any, made by the university, the centralgovernment may cause to be made such inspection or inquiry as is referred to in sub-section (3)(5) where any inspection or inquiry has been caused to be made by the central government, the university shall be entitled to appoint a representative, who shall have the right to be present and be heard at such inspection or inquiry40 45(6) the central government may, if the inspection or inquiry is made in respect of theuniversity or any outlying campus or college or institution or regional centre or study centre established or maintained by it, address the vice-chancellor with reference to the result of such inspection or inquiry together with such views and advice with regard to the action to be taken thereon, as the central government may be pleased to offer, and on receipt of address made by the central government, the vice-chancellor shall communicate to the executive council the views of the central government with such advice as the central government may offer upon the action to be taken thereon50(7) the executive council shall communicate through the vice-chancellor to the central government such action, if any, as it proposes to take or has been taken upon the result of such inspection or inquiry(8) where, the executive council does not, within a reasonable time, take action to the satisfaction of the central government, it may, after considering any explanation furnished or representation made by the executive council, issue such directions, as it may think fit, and the executive council shall comply with such directions5(9) without prejudice to the foregoing provisions of this section, the central government may, by order in writing, annul any proceeding of the university which is not in conformity with the provisions of this act or the statutes or the ordinances:10provided that before making any such order, the central government shall call upon the vice-chancellor to show cause why such an order should not be made, and, if any cause is shown within a reasonable time, it shall consider the same(10) the central government shall have such other powers, in respect of the affairs of the university, as may be prescribed by the statutes8 the following shall be the officers of the university, namely:—officers of university(a) the chancellor; (b) the vice-chancellor;15(c) the deans of schools; (d) the registrar; (e) the finance officer; (f) the controller of examinations;20(g) the librarian; and (h) such other officers as may be declared by the statutes to be the officers of the universitychancellor9 (1) the chancellor shall be appointed by the central government in such manner as may be prescribed by the statues25(2) the chancellor shall, by virtue of his office, be the head of the university and shall, if present, preside at the convocations of the university held for conferring degrees and other ceremonial functions and also the meetings of the courtvice- chancellor10 (1) the vice-chancellor shall be appointed by the central government in such manner as may be prescribed by the statutes30(2) the vice-chancellor shall be the principal executive and academic officer of the university and shall exercise general supervision and control over the affairs of the university and give effect to the decisions of all the authorities of the university35(3) the vice-chancellor may, if he is of the opinion that immediate action is necessary on any matter, exercise any power conferred on any authority of the university by or under this act and shall apprise such authority at its next meeting the action taken by him on such matter:provided that if the authority concerned is of the opinion that such action ought not to have been taken, it may refer the matter to the central government whose decision thereon shall be final:40provided further that any person in the service of the university who is aggrieved by the action taken by the vice-chancellor under this sub-section shall have the right to represent against such action to the executive council within three months from the date on which decision on such action is communicated to him and thereupon the executive council may confirm, modify or reverse the action taken by the vice-chancellor45(4) where the vice-chancellor is of the opinion that any decision taken by any authority of the university is beyond the powers of the authority conferred under the provisions of5this act or the statutes or the ordinances, or that any decision taken by the authority is not in the interest of the university, he may ask the authority concerned to review its decision within sixty days of such decision and if the authority refuses to review the decision either in whole or in part or no decision is taken by it within the said period of sixty days, the matter shall be referred to the central government whose decision thereon shall be final(5) the vice-chancellor shall exercise such other powers and perform such other duties as may be prescribed by the statutes or the ordinancesdeans of schools1011 every dean of school shall be appointed in such manner, and on such terms and conditions of service, and shall exercise such powers and perform such duties, as may be prescribed by the statutesregistrar12 (1) the registrar shall be appointed in such manner, and on such terms and conditions of service, as may be prescribed by the statutes15(2) the registrar shall have the power to enter into agreements, sign documents and authenticate records on behalf of the university, and shall exercise such powers and perform such duties, as may be prescribed by the statutesfinance officer13 the finance officer shall be appointed in such manner, and shall exercise such powers and perform such duties, as may be prescribed by the statutescontroller of examinations14 controller of examinations shall be appointed in such manner and shall exercise such powers and perform such duties, as may be prescribed by the statutes20librarian15 the librarian shall be appointed in such manner and on such terms and conditions of service, and shall exercise such powers and perform such duties, as may be prescribed by the statutesother officers16 the manner of appointment and powers and duties of other officers of the university shall be prescribed by the statutes2517 the following shall be the authorities of the university, namely:—authorities of university(a) the court; (b) the executive council; (c) the academic and activity council; (d) the board of sports studies;30(e) the finance committee;(f) such other authorities as may be declared by the statutes to be the authorities of the universitythe court18 (1) the constitution of the court and the term of office of its members shall be prescribed by the statutes35(2) subject to the provisions of this act, the court shall have the following powers andfunctions, namely:—(a) to review, from time to time, the broad policies and programmes of theuniversity, and to suggest measures for the improvement and development of the university;40(b ) to consider and pass resolutions on the annual report and the annual accountsof the university and the audit report on such accounts;(c) to advise the central government in respect of any matter which may bereferred to it for advice; and(d) to perform such other functions as may be prescribed by the statutes19 (1) the executive council shall be the principal executive body of the university45executive council(2) the constitution of the executive council, the term of office of its members and its powers and functions shall be prescribed by the statutesacademic and activity council520 (1) the academic and activity council shall be the principal academic body of theuniversity and shall, subject to the provisions of this act, the statutes and the ordinances, co-ordinate and exercise general supervision over the academic policies of the university(2) the constitution of the academic and activity council, the term of office of its members and its powers and functions shall be prescribed by the statutes:provided that the academic and activity council shall have sports persons who have achieved distinction in olympics or world championships10board of sports studies21 the constitution, powers and functions of the board of sports studies shall beprescribed by the statutesfinance committee22 the constitution, powers and functions of the finance committee shall be prescribedby the statutes1523 the constitution, powers and functions of other authorities, as may be declared bythe statutes to be the authorities of the university, shall be prescribed by the statutesother authorities of university24 subject to the provisions of this act, the statutes may provide for all or any of the following matters, namely:—power to make statutes(a) the constitution, powers and functions of authorities and other bodies of theuniversity, as may be constituted from time to time;20(b) the appointment and continuance in office of the members of the saidauthorities and bodies, the filling up of vacancies of members, and all other matters relating to those authorities and other bodies for which it may be necessary or desirable to provide;(c) the appointment, powers and duties of the officers of the university and theiremoluments;25(d) the appointment of teachers, academic staff and other employees of theuniversity, the emoluments and conditions of service;(e) the appointment of teachers and academic staff working in any other universityor organisation for a specific period for undertaking a joint project;30(f) the conditions of service of employees including provisions for pension,insurance, provident fund, the manner of termination of service and disciplinary action;(g) the principles governing the seniority of service of the employees of theuniversity;(h) the procedure for arbitration in cases of dispute between employees orstudents and the university;35(i) the procedure for appeal to the executive council by any employee or studentagainst the action of any officer or authority of the university;(j) the conferment of autonomous status on a college or an institution or adepartment;40(k) the establishment and abolition of schools, departments, centres, halls,colleges, institutions, regional centres and study centres;(l) the conferment of honorary degrees;(m) the conferment and withdrawal of degrees, diplomas, certificates and otheracademic distinctions;(n) the management of colleges, institutions, regional centres and study centres established and maintained by the university;(o) the delegation of powers vested in the authorities or officers of theuniversity;(p) the maintenance of discipline among the employees and students; and5(q) all other matters which by this act are to be, or may be, provided for by thestatutes25 (1) the first statutes are those set out in the schedule to this actstatutes, how to be made(2) the executive council may, from time to time, make new or additional statutes or may amend or repeal any statutes referred to in sub-section (1):10provided that the executive council shall not make, amend or repeal any statutes affecting the status, powers or constitution of any authority of the university until such authority has been given an opportunity of expressing an opinion in writing on proposed changes, and any opinion so expressed shall be considered by the executive council15(3) every new statutes or statutes amending or repealing existing statutes shall require the approval of the central government and unless so approved, they shall be invalid(4) notwithstanding anything contained in the foregoing sub-sections, the central government may make new or additional statutes or amend or repeal the statutes referred to in sub-section (1), during the period of three years immediately after the commencement of this act:20provided that the central government may, on the expiry of the said period of three years, make, within one year from the date of such expiry, such detailed statutes as it may consider necessary and such detailed statutes shall be laid before both houses of parliament25(5) notwithstanding anything contained in this section, the central government may direct the university to make provisions in the statutes in respect of any matter specified by it and if the executive council is unable to implement such direction within sixty days of its receipt, the central government may, after considering the reasons, if any, communicated by the executive council for its inability to comply with such direction, make or amend the statutes suitably3026 (1) subject to the provisions of this act and the statutes, the ordinances may provide for all or any of the following matters, namely:—power to make ordinances(a) the admission of students to the university and their enrolment as such;(b) the courses of study and their duration to be laid down for all degrees,diplomas and certificates of the university;(c) the medium of instruction and examination;35(d) the award of degrees, diplomas, certificates and other academic distinctions, the qualifications for the same and the means to be taken relating to the granting and obtaining of the same;(e) the fees to be charged for courses of study in the university and for admission to examinations, degrees and diplomas of the university;40(f) the conditions for award of fellowships, scholarships, studentships, medals and prizes;(g) the conduct of examinations, including the term of office and manner of appointment and the duties of examining bodies, examiners and moderators;45(h) the conditions of residence of the students of the university;| ( | i | ) the special arrangements, if any, which may be made for the residence and ||------------------------------------------------------------------------------------------------|-----------------------------------------------------------------------------------|--------------------------------------------------------------------------------------|| teaching of women students and the prescribing of special courses of studies for | | || them; | | || 5 | | || ( | j | ) the establishment of centres of studies, board of studies, specialised || laboratories and other committees; | | || ( | k | ) the manner of co-operation and collaboration with other universities, || institutions and other agencies including learned bodies or associations; | | || ( | l | ) the creation, composition and functions of any other body which is considered || necessary for improving the academic life of the university; | | || 10 | | || ( | m | ) the institution of fellowships, scholarships, studentships, medals and prizes; || ( | n | ) the setting up of a machinery for redressal of grievances of employees and || students; and | | || ( | o | ) any other matter which, by this act or the statutes, is to be or may be, || provided for by the ordinances | | || 15 | | || ( | 2 | ) the first ordinances shall be made by the vice-chancellor with previous approval || of the executive council and the ordinances so made may also be amended or repealed at | | || any time by the executive council in the manner prescribed by the statutes | | || regulations | | || 20 | | || 27 | the authorities of the university may make regulations, consistent with this act, | || the statutes and the ordinances, for the conduct of their own business and that of the | | || committees, if any, appointed by them and not provided for by this act, the statutes or the | | || ordinances, in the manner prescribed by the statutes | | || annual report | | || 25 | | || 28 | ( | 1 || executive council, which shall include, among other matters, the steps taken by the university | | || towards the fulfilment of its objects and shall be submitted to the court on or before such | | || date as may be prescribed by the statutes and the court shall consider the report in its | | || annual meeting | | || ( | 2 | ) the court shall submit the annual report to the central government along with its || comments, if any | | || ( | 3 | ) the central government shall, as soon as may be, cause a copy of the annual report || to be laid before both the houses of parliament | | || 30 | | || annual | | || accounts | | || 29 | ( | 1 || under the directions of the executive council and shall, once at least every year and at | | || intervals of not more than fifteen months, be audited by the comptroller and auditor-general | | || of india or by such persons as he may authorise in this behalf | | || 35 | | || ( | 2 | ) a copy of the annual accounts together with the audit report thereon shall be || submitted to the court and the central government along with the observations of the | | || executive council | | |(3) any observations made by the central government on the annual accounts shall be brought to the notice of the court and the observations of the court, if any, shall, after being considered by the executive council, be submitted to the central government40(4) the central government shall, as soon as may be, cause the copy of the annual accounts together with the audit report to be laid before both the houses of parliament(5) the audited annual accounts after having been laid before both the houses of parliament shall be published in the official gazette4030 (1) there shall be a university fund which shall include––fund of university(a) any contribution or grant made by the university grants commission or the central government;(b) any contribution or grant made by the state government; (c) any contribution made by government, semi-government or autonomousbodies;(d) any loans, gifts, bequests, donations, endowments or other grants, if any;5(e) income received by the university from fees and charges; (f) the moneys received by the university from the collaborating industries interms of the provisions of the memorandum of understanding entered between the university and the industry for the establishment of sponsored chairs, fellowships or infrastructure facilities of the university; and10(g) amounts received in any other manner from any other source(2) all funds of the university shall be deposited in such banks or invested in such manner as the board may decide on the recommendation of the finance committee15(3) the funds of the university shall be applied towards the expenses of the university including expenses incurred in the exercise of its powers and discharge of its functions by or under this act| returns ||--------------|| information |31 the university shall furnish to the central government such returns or other information with respect to its property or activities, within such period, as the central government may, from time to time, require2032 (1) every employee of the university shall be appointed under a written contract, which shall be lodged with the university and a copy of which shall be furnished to the employee concernedconditions of service of employees, etc25(2) any dispute arising out of the contract between the university and any employee shall, at the request of the employee, be referred to a tribunal of arbitration consisting of one member appointed by the executive council, one member nominated by the employee concerned and an umpire appointed by the central government(3) the decision of the tribunal shall be final and no suit shall lie in any civil court in respect of the matters decided by the tribunal:provided that nothing in this sub-section shall preclude the employee from availing of judicial remedies available under articles 32 and 226 of the constitution30(4) every request made by the employee under sub-section (2) shall be deemed to bea submission to arbitration upon the terms of this section within the meaning of the arbitration and conciliation act, 199626 of 1996(5) the procedure for regulating the work of the tribunal shall be prescribed by the statutes35procedure of appeal and arbitration in disciplinary cases against students4033 (1) any student or candidate for an examination whose name has been removedfrom the rolls of the university by the orders or resolution of the vice-chancellor, discipline committee or examination committee, as the case may be, and who has been debarred from appearing at the examinations of the university for more than one year, may, within ten days of the date of receipt of such orders or copy of such resolution by him, appeal to the executive council and the executive council may confirm, modify or reverse the decision of the vice-chancellor or the committee, as the case may be45(2) any dispute arising out of any disciplinary action taken by the university againsta student shall, at the request of such student, be referred to a tribunal of arbitration and the provisions of sub-sections (2), (3), (4) and (5) of section 32 shall, as far as may be, apply to a reference made under this sub-sectionright to appeals34 every employee or student of the university or of a college or an institution or a regional centre or a study centre established or maintained by the university shall,5notwithstanding anything contained in this act, have a right to appeal to the executive council within such time, as may be prescribed by the statutes, against the decision of any officer or authority of the university, or of the principal or the management of any college or institution or regional centre or study centre, as the case may be, and thereupon, the executive council may confirm, modify or reverse the decision appealed againstprovident and pension funds35 (1) the university shall constitute for benefit of its employees such providentfund or any other similar fund or provide such insurance schemes, as it may deem fit, in such manner and subject to such conditions, as may be prescribed by the statutes1019 of 1925(2) where such provident fund or other similar fund has been so constituted, thecentral government may declare that the provisions of the provident funds act, 1925 shall apply to such fund, as if it were a government provident fund36 if any question arises as to whether any person has been duly elected or appointedas, or is entitled to be, a member of any authority or other body of the university, the matter shall be referred to the central government whose decision thereon shall be finaldisputes as to constitution of authorities and bodies15filling of casual vacancies37 all casual vacancies among the members (other than ex officio members) of anyauthority or other body of the university shall be filled, as soon as may be, by the person or body who appoints, elects or co-opts the member whose place has become vacant and the persons appointed, elected or co-opted to a casual vacancy shall be a member of such authority or body for the residue of the term for which the person whose place he fills would have been a member2038 no act or proceedings of any authority or other body of the university shall beinvalid merely by reason of the existence of a vacancy or vacancies among its membersproceedings of authorities or bodies not invalidated by vacancies protection of action taken in good faith39 no suit or other legal proceedings shall lie against any officer or other employee ofthe university for anything which is in good faith done or intended to be done in pursuance of any of the provisions of this act, the statutes or the ordinances251 of 1872mode of proof of university record3040 notwithstanding anything contained in the indian evidence act, 1872 or in anyother law for the time being in force, a copy of any receipt, application, notice, order, proceeding or resolution of any authority or other body of the university, or any other document in possession of the university, or any entry in any register duly maintained by the university, if certified by the registrar, shall be received as prima facie evidence of such receipt, application, notice, order, proceeding, resolution or document or the existence of entry in the register and shall be admitted as evidence of the matters and transactions therein where the original thereof would, if produced, have been admissible in evidence35power to remove difficulties41 (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 appears to it to be necessary or expedient for removing the difficulty:provided that no such order shall be made under this section after the expiry of threeyears from the commencement of this act40 40(2) every order made under sub-section (1) shall be laid, as soon as may be after it ismade, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the order or both houses agree that the order should not be made, the order shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that order42 (1) every statute, ordinance or regulation made under this act shall be published in the official gazette5statutes, ordinances and regulations to be published in the official gazette and to be laid before parliament10(2) every statute, ordinance or regulation made under this act, shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the statute, ordinances or regulations or both houses agree that the statute, ordinances or regulations should not be made, the statute, ordinances or regulations shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under the statute, ordinances or regulations15(3) the power to make statutes, ordinances or regulations shall include the power to give retrospective effect, from a date not earlier than the date of commencement of this act, to the statutes, ordinances or regulations or any of them but no retrospective effect shall be given to any statutes, ordinances or regulations so as to prejudicially affect the interests of any person to whom such statutes, ordinances or regulations may be applicable43 notwithstanding anything contained in this act and the statutes,—transitional provisions20(a) the first vice-chancellor shall be appointed by the central government in such manner and on such conditions as may be deemed fit and the said officer shall hold office for such term, not exceeding five years, as may be specified by the central government;(b) the first registrar and the first finance officer shall be appointed by the central government and each of the said officers shall hold office for a term of three years;25(c) the first court and the first executive council shall consist of not more than thirty-one members and eleven members, respectively, who shall be nominated by the central government and shall hold office for a term of three years; and30(d) the first academic and activity council shall consist of not more than twenty-one members, who shall be nominated by the central government and they shall hold office for a term of three years:35provided that if any vacancy occurs in the above offices or authorities, the same shall be filled by appointment or nomination, as the case may be, by the central government and the person so appointed or nominated shall hold office for so long as the officer or member in whose place he is appointed or nominated would have held office, if such vacancy had not occurred44 (1) the national sports university ordinance, 2018 is hereby repealedrepeal and savingsord 5 of 201840(2) notwithstanding such repeal, 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 the schedule [see section 25(1)] the statutes of the universitychancellor1 (1) the chancellor shall be appointed by the central government from a panel ofnames of not less than three persons recommended by the executive council:provided that if the central government does not approve any of the persons included in the panel, it may call for an extended fresh panel(2) the chancellor shall be an eminent person in the field of sports who shall either be a sports person himself or a sports administrator or a sports academician(3) the chancellor shall hold office for the term of five years and shall not be eligible for re-appointment:provided that notwithstanding the expiry of his term of office, the chancellor shall continue to hold office until his successor enters upon his officevice-chancellor2 (1) the vice-chancellor shall be appointed by the central government from out ofa panel of names recommended by a committee as constituted under clause (2):provided that if the central government does not approve any of the persons included in the panel, it may call for an extended fresh panel(2) the committee referred to in clause (1) shall consist of five persons, out of whom three shall be nominated by the executive council and two by the central government, and one of the nominees of the central government shall be the convener of the committee:provided that none of the members of the committee shall be an employee of the university or of a college or institution or regional centre or study centre established or maintained by the university or a member of any authority of the university(3) the vice-chancellor shall be a whole-time salaried officer of the university (4) the vice-chancellor shall hold office for a term of five years from the date on which he enters upon his office, or until he attains the age of seventy years, whichever is earlier, and he shall not be eligible for re-appointment:provided that notwithstanding the expiry of the said period of five years, he shall continue in office until his successor is appointed and enters upon his office:provided further that the central government may direct any vice-chancellor after his term has expired, to continue in office for such period, not exceeding a total period of one year, as may be specified by it:provided also that when the office of the vice-chancellor becomes vacant due to death, resignation or otherwise, or, as the case may be, due to illness or such other cause, the executive council may appoint the senior-most dean to perform the functions of the vice-chancellor until a new vice-chancellor is appointed or, as the case may be, the existing vice-chancellor resumes his duties(5) notwithstanding anything contained in clause (4), the central government may, at any time after the vice-chancellor has entered upon his office, by an order in writing, remove the vice-chancellor from office on grounds of incapacity, misconduct or violation of statutory provisions:provided that no such order shall be made by the central government unless the vice-chancellor has been given a reasonable opportunity of showing cause against the action proposed to be taken against him:provided further that the central government may, at any time before making such order, place the vice-chancellor under suspension, pending enquiry(6) (a) the vice-chancellor shall be paid a monthly salary and allowances, other than house rent allowance, at the rates fixed by the central government from time to time and he shall be entitled, without payment of rent, to use a furnished residence throughout his term of office and no charge shall fall on the vice-chancellor in respect of the maintenance of such residence(b) the vice-chancellor shall be entitled to such terminal benefits and allowances as may be fixed by the central government from time to time:provided that where an employee of the university or of a college, institution, regional centre or study centre established or maintained by the university, or of any other university or any college or institution admitted to the privileges of the university or such other university, is appointed as the vice-chancellor, he may be allowed to continue to contribute to any provident fund of which he is a member and the university shall contribute to the account of such person in that provident fund at the same rate at which the person had been contributing immediately before his appointment as the vice-chancellor:provided further that where such employee had been a member of any pension scheme, the university shall make the necessary contribution to such scheme(c) the vice-chancellor shall be entitled to travelling allowance at such rates as may be fixed by the executive council(d) the vice-chancellor shall be entitled to leave on full pay at the rate of thirty days in a calendar year and the leave shall be credited to his account in advance in two halfyearly instalments of fifteen days each on the first day of january and july every year:provided that if the vice-chancellor assumes or relinquishes charge of the office of the vice-chancellor during the currency of a half year, the leave shall be credited proportionately at the rate of two and-a-half days for each completed month of service(e) in addition to the leave referred to in sub-clause (d), the vice-chancellor shall also be entitled to half-pay leave at the rate of twenty days for each completed year of service, and half-pay leave may also be availed of as commuted leave on full pay on medical certificate:provided that when such commuted leave is availed of, twice the amount of half-pay leave shall be debited against half-pay leave due3 (1) the vice-chancellor shall be ex officio chairman of the executive council, the academic and activity council and the finance committee and shall, in the absence of the chancellor, preside at the convocations held for conferring degrees and at meetings of the court(2) the vice-chancellor shall be entitled to be present at, and address, any meeting of any authority or other body of the university, but shall not be entitled to vote thereat unless he is a member of such authority or body(3) it shall be the duty of the vice-chancellor to see that this act, the statutes, the ordinances and the regulations are duly observed and he shall have all the powers necessary to ensure such observance(4) the vice-chancellor shall have all the powers necessary for the proper maintenance of discipline in the university and he may delegate any such powers to such person or persons as he deems fit(5) the vice-chancellor shall have the power to convene or cause to be convened the meetings of the executive council, the academic and activity council and the finance committeedeans of schools4 (1) every dean of school shall be appointed by the vice-chancellor from amongst the professors in the school by rotation in order of seniority for a period of three years:provided that in case there is only one professor or no professor in a school, the dean shall be appointed, for the time being, from amongst the professor, if any, and the associate professors in the school, by rotation in the order of seniority:provided further that a dean on attaining the age of sixty-five years shall cease to hold office as such(2) when the office of the dean is vacant or when the dean is, by reason of illness, absence or any other cause, unable to perform duties of his office, the duties of the office shall be performed by the senior-most professor or associate professor, as the case may be, in the school(3) the dean shall be the head of the school and shall be responsible for the conduct and maintenance of the standards of teaching and research in the school and shall have such other functions as may be prescribed by the ordinances(4) the dean shall have the right to be present and to speak at any meeting of the boards of sports studies or committees of the school, as the case may be, but shall not have the right to vote thereat unless he is a member thereofregistrar5 (1) the registrar shall be appointed by the executive council on the recommendation of a selection committee constituted for the purpose and shall be whole-time salaried officer of university(2) the registrar shall be appointed for a term of five years and shall be eligible for re-appointment(3) the emoluments and other terms and conditions of service of the registrar shall be such as may be prescribed by the executive council from time to time:provided that the registrar shall retire on attaining the age of sixty-two-years (4) when the office of the registrar is vacant or when the registrar is, by reason of illness, absence or any other cause, unable to perform the duties of his office, the duties of the office shall be performed by such person as the vice-chancellor may appoint for the purpose(5) (a) the registrar shall have power to take disciplinary action against such of the employees, excluding teachers and other academic staff, as may be specified in the order of the executive council and to suspend them pending inquiry, to administer warnings to them or to impose on them the penalty of censure or the withholding of increment:provided that no such penalty shall be imposed unless the person has been given a reasonable opportunity of showing cause against the action proposed to be taken in regard to him(b) an appeal shall lie to the vice-chancellor against any order of the registrar imposing any of the penalties specified in sub-clause (a)(c) in a case where the inquiry discloses that a punishment beyond the power of the registrar is called for, the registrar shall, upon the conclusion of the inquiry, make a report to the vice-chancellor along with his recommendation:provided that an appeal shall lie to the executive council against an order of the vice-chancellor imposing any penalty(6) the registrar shall be ex officio secretary of the executive council and the academic and activity council, but shall not be deemed to be member of either of these authorities and he shall be ex officio member-secretary of the court(7) it shall be the duty of the registrar—(a) to be the custodian of the records, the common seal and such other property of the university as the executive council shall commit to his charge;(b) to issue all notices convening meetings of the court, the executive council, the academic and activity council and of any committee appointed by those authorities;(c) to keep the minutes of all the meetings of the court, the executive council, the academic and activity council and of any committees appointed by those authorities;(d) to conduct the official correspondence of the court, the executive council and the academic and activity council;(e) to supply to the central government, copies of the agenda of the meetings of the authorities of the university as soon as they are issued and the minutes of such meetings;(f) to represent the university in suits or proceedings by or against the university, sign powers of attorney and verify pleadings or depute his representative for the purpose; and(g) to perform such other duties as may be specified in the statutes, the ordinances or regulations or as may be required from time to time by the executive council 6 (1) the finance officer shall be appointed by the executive council on the recommendations of the selection committee constituted for the purpose and shall be a whole-time salaried officer of the university(2) the finance officer shall be appointed for a term of five years and shall be eligible for re-appointment(3) the emoluments and other terms and conditions of service of the finance officer shall be such as may be prescribed by the executive council form time to time:provided that the finance officer shall retire on attaining the age of sixty-two years (4) when the office of the finance officer is vacant or when the finance officer is, by reason of illness, absence or any other cause, unable to perform the duties of his office, the duties of the office shall be performed by such person as the vice-chancellor may appoint for the purpose(5) the finance officer shall be ex officio secretary of the finance committee, but shall not be deemed to be a member of such committee(6) the finance officer shall—(a) exercise general supervision over the funds of the university and shall advise it as regards its financial policy; and(b) perform such other financial function as may be assigned to him by the executive council or as may be prescribed by the statutes or the ordinances (7) subject to the control of the executive council, the finance officer shall—(a) hold and manage the property and investments of the university including trust and endowed property;(b) ensure that the limits fixed by the executive council for recurring and non-recurring expenditure for a year are not exceeded and that all moneys are expended on the purpose for which they are granted or allotted;(c) be responsible for the preparation of annual accounts and the budget of the university and for their presentation to the executive council;(d) keep a constant watch on the state of the cash and bank balances and on the state of investments;(e) watch the progress of the collection of revenues and advise on the methods of collection employed;(f) ensure that the registers of buildings, land, furniture and equipment are maintained up to date and that stock-checking is conducted, of equipment and other consumable materials in all offices, departments, centres and specialised laboratories;(g) bring to the notice of the vice-chancellor any unauthorised expenditure and other financial irregularities and suggest disciplinary action against persons at fault; and(h) call for, from any office, department, centre, laboratory, college, institution, regional centre or study centre established or maintained by the university, any information or returns that he may consider necessary for the performance of his duties (8) any receipt given by the finance officer or the person or persons duly authorised in this behalf by the executive council for any money payable to university shall be sufficient discharge for payment of such moneycontroller of examinations7 (1) the controller of examinations shall be appointed by the executive council on the recommendations of a selection committee constituted for the purpose and he shall be a whole-time salaried officer of the university(2) the controller of examinations shall be appointed for a term of five years and shall be eligible for re-appointment(3) the emoluments and other terms and conditions of service of the controller of examinations shall be such as may be prescribed by the executive council from time to time:provided that the controller of examinations shall retire on attaining the age of sixtytwo years(4) when the officer of the controller of examinations is vacant or when the controller of examinations is, by reason of illness, absence or any other cause, unable to perform the duties of his office, such duties shall be performed by such person as the vice-chancellor may appoint for the purpose(5) the controller of examinations shall arrange for and superintend the examinations of the university in the manner prescribed by the ordinanceslibrarian8 (1) the librarian shall be appointed by the executive council on the recommendationsof the selection committee constituted for the purpose and he shall be a whole-time salaried officer of the university(2) the librarian shall exercise such powers and perform such duties as may be assigned to him by the executive council9 (1) the court shall consist of the following members who shall hold office for a period of three years, namely:—constitution and meetings of court(a) ex officio members:—(i) the chancellor;(ii) the vice-chancellor; (iii) the proctor; (iv) the deans of schools;(v) the dean of students' welfare;(vi) the finance officer; (vii) one senior warden, by rotation; (viii) the librarian of the university; (xi) the president, alumni association;(b) other members:(i) heads of departments or professors who are members of the academic and activity council;(ii) one representative from each institution recognised by the university, nominated by the vice-chancellor on recommendations of the head of the institution;(iii) not more than four persons from amongst eminent sports scientists, sports academicians and sports administrators to be nominated by the central government;(iv) not more than two persons representing sports industry, to be nominated by the central government;(v) not more than ten persons from amongst eminent sports persons and highly recognised coaches to be nominated by the central government; (c) the registrar, who shall be the ex officio member secretary(2) an annual meeting of the court shall be held on a date to be fixed by the executive council unless some other date has been fixed by the court in respect of any year(3) at an annual meeting of the court, a report on the working of the university during the previous year, together with a statement of the receipts and expenditure, the balancesheet as audited, and financial estimates for the next year shall be presented(4) a copy of the statement of receipts and expenditure, the balance-sheet and the financial estimates referred to in clause (2) shall be sent to every member of the court at least seven days before the date of the annual meeting(5) special meetings of the court may be convened by the executive council or the vice-chancellor or if there is no vice-chancellor, by the registrar(6) eleven members of the court shall form a quorum for a meeting of the court 10 seven members of the executive council shall form a quorum for a meeting of the executive councilquorum for meeting of executive council11 (1) the executive council shall consist of the following members to be nominated by the central government who shall hold office for a period of two years, namely:—(a) ex officio members:constitution, powers and functions of executive council(i) the vice-chancellor; (ii) the proctor; (iii) the deans of students' welfare; (iv) the additional secretary and financial advisor, ministry of youthaffairs and sports;(v) the joint secretary, ministry of youth affairs and sports; (vi) the deans of schools;(b) other members:(i) three senior professors by rotation; (ii) four persons from amongst sports scientists, sports administrators,eminent sports persons and distinguished coaches(2) the executive council shall have the power of management and administration of the revenue and property of the university and the conduct of all administrative affairs of the university not otherwise provided for(3) subject to the provision of this act, the statutes and the ordinances, the executive council shall, in addition to all other powers vested in it, have the following powers, namely:—(i) to create teaching and other academic posts including chairs, to determine the number and emoluments of such posts and to define the duties and conditions of service of professors, associate professors, assistant professors and other academic staff: provided that no action shall be taken by the executive council in respect of the number and qualifications of teachers and other academic staff otherwise than after consideration of the recommendations of the academic and activity council;(ii) to appoint such professors, associate professors, assistant professors and other academic staff including chair, as may be necessary, on the recommendation of the selection committee constituted for the purpose and to fill up temporary vacancies therein;(iii) to promote interfacial research by making joint appointments of teaching staff in different schools, department and centres;(iv) to create administrative, ministerial and other necessary posts and to define their duties and conditions of their service and to make appointments thereto in the manner prescribed by the ordinances;(v) to grant leave of absence to any officer of the university other than the chancellor and the vice-chancellor, and to make necessary arrangements for the discharge of the functions of such officer during his absence;(vi) to regulate and enforce discipline among employees in accordance with the statutes and the ordinances;(vii) to manage and regulate the finances, accounts, investments, property, business and all other administrative affairs of the university and for that purpose to appoint such agents as it may think fit;(viii) to fix limits on the total recurring and the total non-recurring expenditure for a year on the recommendation of the finance committee;(xi) to invest any money belonging to the university, including any unapplied income, in such stocks, funds, share or securities, from time to time, as it may think fit or in the purchase of immovable property in india, with the like powers of varying such investment from time to time;(x) to transfer or accept transfers of any movable or immovable property on behalf of the university;(xi) to provide buildings, premises, furniture and apparatus and other means needed for carrying on the work of the university;(xii) to enter into, vary, carry out and cancel contracts on behalf of the university;(xiii) to entertain, adjudicate upon, and if thought fit, to redress any grievances of the employees and students of the university who may, for any reason, feel aggrieved;(xiv) to appoint examiners and moderators and, if necessary, to remove them, and to fix their fees, emoluments and travelling and other allowances, after consulting the academic and activity council;(xv) to select a common seal for the university and provide for the use of such seal;(xvi) to make such special arrangements as may be necessary for the residence of women students;(xvii) to institute fellowships, scholarships, studentships, medals and prizes; (xviii) to provide for the appointment of visiting professors, emeritus professors, consultants and scholars and determine the terms and conditions of such appointments;(xix) to enter into partnership with industry and non-government agencies for the advancement of knowledge and establish a corpus of funds out of the profits of such partnership; and(xx) to exercise such other powers and perform such other duties as may be conferred or imposed on it by this act or this statutes 12 (1) the members of the academic and activity council shall include sports persons who have achieved distinction in olympics or world championships(2) nine members of the academic and activity council shall form quorum for the meeting of the academic and activity councilmembers of academic and activity council and quorum for meeting13 subject to the provisions of this act, the statutes and the ordinances, the academic and activity council shall, in addition to all other powers vested in it, have the following powers, namely:—powers and functions of academic and activity council(a) to exercise general supervision over the academic policies of the university and to give directions regarding methods of instruction, co-ordination of teaching among the colleges, institutions, regional centres and study centres and evaluation of research and improvement of academic standards;(b) to bring about and promote inter-school co-ordination and to establish or appoint such committees or boards as may be deemed necessary for the purpose;(c) to consider matters of general academic interest either on its own initiative, or on a reference by a school or the executive council, and to take appropriate action thereon;(d) to frame such regulations and rules consistent with the statutes and the ordinances regarding the academic functioning of the university, discipline, residence, admissions, award of fellowships and studentships, fees, concessions, corporate life and attendance 14 (1) the university shall have such schools of studies as may be specified in the statutesschools of studies and departments(2) every school shall have a school board and the members of the first school board shall be nominated by the executive council for a period of three years(3) the composition, powers and functions of a school board shall be prescribed by the ordinances(4) the conduct of the meetings of a school board and the quorum required for such meetings shall be prescribed by the ordinances(5) (a) every school shall consist of such departments as may be assigned to it by the ordinances:provided that the executive council may, on the recommendation of the academic and activity council, establish centers of studies to which may be assigned such teachers of the university as the executive council may consider necessary(b) each department shall consist of the following members, namely:—(i) teachers of the department; (ii) persons conducting research in the department; (iii) dean of the school; (iv) honorary professors, if any , attached to the department; and (v) such other persons as may be members of the department in accordance with the provisions of the ordinances 15 (1) each department shall have a board of sports studiesboard of sports studies(2) the term of office of the board of sports studies and of its members shall be prescribed by the ordinances(3) subject to the overall control and supervision of the academic and activity council, the functions of a board of sports studies shall be to approve subjects for research for various degrees and other requirements of research degrees and to recommend to the concerned school board in the manner prescribed by the ordinances,—(a) courses of studies and appointment of examiners for courses, but excluding research degrees;(b) appointment of supervisors for research; and (c) measures for the improvement of the standard of teaching and research:provided that the above functions of a board of sports studies shall, during the period of three years immediately after the commencement of this act, be performed by the department16 (1) the finance committee shall consist of the following members, namely:—finance committee(i) the vice-chancellor; (ii) one person to be nominated by the court; (iii) three persons to be nominated by the executive council, out of whom at least one shall be a member of the executive council; and(iv) three persons to be nominated by the central government(2) five members of the finance committee shall form a quorum for a meeting of the finance committee(3) all the members of the finance committee, other than ex officio members, shall hold office for a term of three years(4) a member of the finance committee shall have the right to record a minute of dissent if he does not agree with any decision of the finance committee(5) the finance committee shall meet at least thrice every year to examine the accounts and to scrutinise proposals for expenditure(6) all proposals relating to creation of posts, and those items which have not been included in the budget, shall be examined by the finance committee before they are considered by the executive council(7) the annual accounts and the financial estimates of the university prepared by the finance officer shall be laid before the finance committee for consideration and comments and thereafter submitted to the executive council for approval(8) the finance committee shall recommend limits for the total recurring expenditure and the total non-recurring expenditure for the year, based on the income and resources of the university (which, in the case of productive works, may include the proceeds of loans)17 (1)there shall be selection committees for making recommendations to the executive council for appointment to the post of professor, associate professor, assistant professor, registrar, finance officer, controller of examinations, librarian and principals of colleges, institutions, regional centres and study centres established or maintained by the university(2) the selection committee for appointment to the posts specified in column 1 of the table below shall consist of the vice-chancellor, a nominee of the central government and the persons specified in the corresponding entry in column 2 of the said table:| | | 1 | 2 ||---------------------------------------------------------------------|----------------------------------------------------------------|-----------------------------------------------------------------|-----------------------------------------------------------|| professor | ( | i | ) the dean of the school || ( | ii | ) the head of the department, if he is a professor | || ( | iii | ) three persons not in the service of the university, nominated | || by the executive council, out of a panel of names recommended | | | || by the academic and activity council for their special knowledge | | | || of, or interest in, the subject with which the professor will be | | | || concerned | | | || associate professor/ | ( | i | ) the head of the department || assistant professor | ( | ii | ) one professor nominated by the vice-chancellor || ( | iii | ) two persons not in the service of the university, nominated | || by the executive council, out of a panel of names recommended | | | || by the academic and activity council for their special knowledge | | | || of, or interest in, the subject with which the associate professor | | | || or assistant professor will be concerned | | | || registrar/ finance officer/ ( | i | ) two members of the executive council nominated by it | || controller of examination | | | || ( | ii | ) one person not in the service of the university nominated | || by the executive council | | | || librarian | ( | i | ) one person not in the service of the university who has || special knowledge of the subject of the library science or library | | | || administration nominated by the executive council | | | || ( | ii | ) one person not in the service of the university nominated | || by the executive council | | | || principal of college or | three persons not in the service of the university of whom two | | || institution maintained | shall be nominated by the executive council and one by the | | || by the university | academic and activity council for their special knowledge of, | | || or interest in, a subject in which instruction is being provided by | | | || the college or institution | | | |note 1: where the appointment is being made for an inter-disciplinary project, the head of the project shall be deemed to be the head of the department concernednote 2: the professor to be nominated by the vice-chancellor shall be a professor concerned with the speciality for which the selection is being made and the vice-chancellor shall consult the head of the department and the dean of the school before nominating the professor(3) the vice-chancellor shall convene and preside at the meeting of the selection committee:provided that the meeting of the selection committee shall be fixed after prior consultation with, and subject to the convenience of the central government's nominee and the experts nominated by the executive council:provided further that the proceedings of the selection committee shall not be valid unless,—(a) where the number of the central government's nominee and the persons nominated by the executive council is four in all, at least three of them attend the meeting; and(b) where the number of the central government's nominee and the persons nominated by the executive council is three in all, at least two of them attend the meeting (4) the procedure to be followed by the selection committee shall be laid down in the ordinances(5) if the executive council is unable to accept the recommendations made by the selection committee, it shall record its reasons and submit the case to the central government for final orders(6) (a) appointments to temporary posts shall,—(i) if the temporary vacancy is for duration longer than one academic session, be filled on the advice of the selection committee in accordance with the procedure indicated in the foregoing clauses:provided that if the vice-chancellor is satisfied that in the interests of work it is necessary to fill the vacancy, the appointment may be made on a purely temporary basis on the advice of a local selection committee referred to in sub-clause (ii) for a period not exceeding six months;(ii) if the temporary vacancy is for a period less than a year, be made on the recommendation of a local selection committee consisting of the dean of the school concerned, the head of the department and a nominee of the vice-chancellor:provided that if the same person holds the offices of the dean and the head of the department, the selection committee may contain two nominees of the vice- chancellor:provided further that in the case of sudden casual vacancies of teaching posts caused by death or any other reason, the dean may, in consultation with the head of the department concerned, make a temporary appointment for a month and report to the vice-chancellor and the registrar about such appointment (b) no teacher appointed temporarily shall, if he is not recommended by a regular selection committee for appointment under the statutes, be continued in service on such temporary employment, unless he is subsequently selected by a local selection committee or a regular selection committee, for a temporary or permanent appointment, as the case may bespecial mode of appointment18 (1) notwithstanding anything contained in statute 17, the executive council mayinvite a person of high academic distinction and professional attainments to accept a post of professor or associate professor or any other equivalent academic post in the university on such terms and conditions as it deems fit and on the person agreeing to do so appoint him to the post:provided that the executive council may also create supernumerary posts for a specified period for appointment of such persons:provided further that the number of supernumerary posts so created should not exceed five per cent of the total posts in the university(2) the executive council may appoint a teacher or any other academic staff working in any other university or organistion for undertaking a joint project in accordance with the manner laid down in the ordinancesappointment for fixed tenure19 the executive council may appoint a person selected in accordance with the procedure laid down in statute 17 for a fixed tenure on such terms and conditions as it deems fitcommittees 20 (1) an authority of the university may appoint as many standing or special committees as it may deem fit, and may appoint to such committees persons who are not members of such authority(2) a committee appointed under clause (1) may deal with any subject delegated to it subject to subsequent confirmation by the authority appointing it21 (1) all the teachers and other academic staff of the university shall, in the absence of any agreement to the contrary, be governed by the terms and conditions of service and code of conduct as are specified in the statutes, the ordinances and the regulationsterms and conditions of service and code of conduct of teachers, etc(2) the emoluments of members of the academic staff shall be such as may be prescribed by the ordinances(3) every teacher and member of the academic staff of the university shall be appointed on a written contract, the form of which shall be prescribed by the ordinances(4) a copy of every contract referred to in clause (3) shall be deposited with the registrar22 (1) all the employees of the university, other than the teachers and other academic staff shall, in the absence of any contract to the contrary, be governed by the terms and conditions of service and code of conduct as are specified in the statutes, the ordinances and the regulationsterms and conditions of service and code of conduct of other employees(2) the manner of appointment and emoluments of employees, other than the teachers and other academic staff, shall be such as may be prescribed by the ordinancesseniority list23 (1) whenever, in accordance with the statutes, any person is to hold an office or be a member of an authority of the university by rotation according to seniority, such seniority shall be determined according to the length of continuous service of such person in his grade and in accordance with such other principles as the executive council may, from time to time, prescribe(2) it shall be the duty of the registrar to prepare and maintain in respect of each class of persons to whom the provisions of these statutes apply, a complete and up-to-date seniority list in accordance with the provisions of clause (1)(3) if two or more persons have equal length of continuous service in a particular grade or the relative seniority of any person or persons is otherwise in doubt, the registrar may, on his own motion and shall, at the request of any such person, submit the matter to the executive council whose decision thereon shall be finalremoval of employees of university 24 (1) where there is an allegation of misconduct against a teacher, a member of the academic staff or other employee of the university, the vice-chancellor, in the case of the teacher or a member of the academic staff, and the authority competent to appoint ( hereinafter referred to as the appointing authority) in the case of other employee may, by order in writing, place such teacher, member of the academic staff or other employee, as the case may be, under suspension and shall forthwith report to the executive council the circumstances in which the order was made:provided that the executive council may, if it is of the opinion, that the circumstances of the case do not warrant the suspension of the teacher or a member of the academic staff, revoke such order(2) notwithstanding anything contained in the terms of the contract of appointment or of any other terms and condition of service of the employees, the executive council in respect of teachers and other academic staff, and the appointing authority in respect of other employees, shall have the power to remove a teacher or a member of the academic staff or other employee, as the case may be, on grounds of misconduct(3) save as aforesaid, the executive council, or as the case may be, the appointing authority, shall not be entitled to remove any teacher, member of the academic staff or other employee except for a good cause and after giving three months' notice or on payment of three months' salary in lieu thereof(4) no teacher, member of the academic staff or other employee shall be removed under clause (2) or clause (3) unless he has been given a reasonable opportunity of showing cause against the action proposed to be taken in regard to him(5) the removal of a teacher, member of the academic staff or other employee shall take effect from the date on which the order of removal is made:provided that where the teacher, member of the academic staff or other employee is under suspension at the time of his removal, such removal shall take effect from the date on which he was placed under suspension(6) notwithstanding anything contained in the foregoing provisions of the statute, a teacher, member of the academic staff or other employee may resign,—(a) if he is a permanent employee, only after giving three months' notice in writing to the executive council or the appointing authority, as the case may be, or by paying three months' salary in lieu thereof;(b) if he is not a permanent employee, only after giving one month's notice in writing to the executive council or, as the case may be, the appointing authority or by paying one month's salary in lieu thereof: provide that such resignation shall take effect only on the date on which the resignation is accepted by the executive council or the appointing authority, as the case may behonorary degrees25 (1) the executive council may, on the recommendation of the academic and activity council and by a resolution passed by a majority of not less than two-thirds of the members present and voting, make proposals to the central government for the conferment of honorary degrees:provided that in case of emergency, the executive council may, on its own motion,make such proposals(2) the executive council may, by a resolution passed by a majority of not less thantwo-thirds of the members present and voting, withdraw, with the previous sanction of the central government, any honorary degree conferred by the universitywithdrawal of degrees, etc26 the executive council may, by a resolution passed by a majority of not less thantwo-thirds of the members present and voting, withdraw a degree or academic distinction conferred on, or any certificate or diploma granted to, any person by the university for good and sufficient cause:provided that no such resolution shall be passed until a notice in writing has beengiven to that person calling upon him to show cause within such time as may be specified in the notice as to why such a resolution should not be passed and until his objections, ifany, and any evidence he may produce in support of them, have been considered by the executive council27 (1) all powers relating to the maintenance of discipline and disciplinary action in relation to the students of the university shall vest in vice-chancellormaintenance of discipline amongst students of university(2) there shall be proctor of the university to assist the vice-chancellor in the exercise of the powers referred to in clause (1), who shall be appointed by the executive council from amongst the professors and associate professors in the manner prescribed by the ordinances(3) the vice-chancellor may delegate all or any of the powers referred to in clause (1), as he deems proper, to the proctor and to such other officers as he may specify in this behalf(4) without prejudice to the generality of his powers relating to the maintenance of discipline and taking such action, as may seem to him appropriate for the maintenance of discipline, the vice-chancellor may, in exercise of such powers, by order, direct that any student or students be expelled or rusticated, for a specified period, or be not admitted to a course or courses of study in a college, institution or regional centre or a department or a school of the university for a stated period, or be punished with fine for an amount to be specified in the order, or be debarred from taking an examination or examinations conducted by the university, college, institution or regional centre or department or a school for one or more years, or that the results of the student or students concerned in the examination or examinations in which he or they have appeared be withheld or cancelled(5) the principals of colleges, institutions, deans of schools of studies and heads of teaching departments in the university shall have the authority to exercise all such disciplinary powers over the students in their respective colleges, institutions, schools and teaching departments in the university, as may be necessary for the proper conduct of such colleges, institution, schools and teaching departments(6) without prejudice to the powers of the vice-chancellor and the principals and other persons specified in clause (5), detailed rules of discipline and proper conduct shall be made by the university and the principals of colleges, institutions, deans of schools of studies and heads of teaching departments in the university may also make such supplementary rules as they deem necessary for the purposes stated therein(7) at the time of admission, every student shall be required to sign a declaration to the effect that he submits himself to the disciplinary jurisdiction of the vice-chancellor and other authorities of the universityconvocations28 convocations of the university for the conferring of degrees or for other purposes shall be held in such manner as may be prescribed by the ordinancesacting chairman of meetings29 where no provision is made for chairman to preside over a meeting of any authority of the university or any committee of such authority or when the chairman so provided for is absent, the members present shall elect one from among themselves to preside at such meetingresignation30 any member, other than an ex officio member of the court, the executive council, the academic and activity council or any other authority of the university or any committee of such authority may resign by letter addressed to the registrar and the resignation shall take effect as soon as such letter is received by the registrardisqualification31 (1) a person shall be disqualified for being chosen as, and for being, a member of any of the authorities, or for being appointed as, and for being, an officer, of the university if—(i) he is of unsound mind; (ii) he is an undischarged insolvent; or(iii) he has been convicted by a court of law of an offence involving moral turpitude and sentenced in respect thereof to imprisonment for not less than six months (2) if any question arises as to whether a person is or had been subjected to any of the disqualifications mentioned in clause (1), the question shall be referred to the central government and its decision shall be final and no suit or other proceeding shall lie in any civil court against such decision32 notwithstanding anything contained in the statutes, a person who is not ordinarily resident in india shall not be eligible to be an officer of the university or a member of any authority of the universityresidence conditions for membership and officemembership of authorities by virtue of membership of other bodies33 notwithstanding anything contained in the statutes, a person who holds any post in the university or is a member of any authority or body of the university in his capacity as a member of a particular authority or body or as the holder of a particular appointment shall hold such office or membership only for so long as he continues to be a member of that particular authority or body or the holder of that particular appointment, as the case may be34 (1) there shall be an alumni association for the universityalumni association(2) the subscription for membership of the alumni association shall be prescribed by the ordinances(3) no member of the alumni association shall be entitled to vote or stand for election unless he has been a member of the association for at least one year prior to the date of election and is a degree holder of the university of at least five years standing:provided that the condition relating to the completion of one year's membership shall not apply in the case of the first electionstudents council35 (1) there shall be constituted in the university, a students' council for every academic year, consisting of,—(i) the dean of students' welfare who shall be the chairman of the students'council;(ii) twenty students to be nominated by the academic and activity council on the basis of merit in studies, sports and extra-curricular activities; and(iii) twenty students to be elected by the students as their representatives:provided that any student of the university shall have the right to bring up any matter concerning the university before the students' council, if so permitted by the chairman, and he shall have the right to participate in the discussions at any meeting when the matter is taken up for consideration(2) the functions of the students' council shall be to make suggestions to the appropriate authorities of the university in regard to the programmes of studies, students' welfare and other matters of importance, in regard to the working of the university in general and such suggestions shall be made on the basis of consensus of opinion(3) the students' council shall meet at least twice in every academic year and the first meeting of the council be held in the beginning of the academic sessionordinances how to be made36 (1) the first ordinances made under sub-section (2) of section 26 may be amended or repealed at any time by the executive council in the manner specified in the following clauses(2) no ordinances in respect of the matters enumerated in sub-section (1) of section 26of this act shall be made by the executive council unless a draft of such ordinances has been proposed by the academic and activity council(3) the executive council shall not have power to amend any draft of any ordinances proposed by the academic and activity council under clause (2), but may reject the proposal or return the draft to the academic and activity council for re-consideration, either in whole or in part, together with any amendment which the executive council may suggest(4) where the executive council has rejected or returned the draft of an ordinances proposed by the academic and activity council, the academic and activity council may consider the question afresh and in case the original draft is reaffirmed by a majority of not less than two-thirds of the members present and voting and more than half of the total number of members of the academic and activity council, the draft may be sent back to the executive council which shall either adopt it or refer it to the central government whose decision shall be final(5) every ordinance made by the executive council shall come into effect immediately(6) every ordinance made by the executive council shall be submitted to the central government within two weeks from the date of its adoption(7) the central government shall have the power to direct the university to suspend the operation of any ordinance(8) the central government shall inform the executive council about its objection to the ordinances referred to in clause (7) and may, after receiving the comments of the university, either withdraw the order suspending the ordinances or disallow the ordinances, and its decision shall be finalregulations37 (1) the authorities of the university may make regulations consistent with this act, the statutes and the ordinances for the following matters, namely:—(i) laying down the procedure to be observed at their meeting and the number of members required to form a quorum;(ii) providing for all matters which are required by this act, the statutes or the ordinances, to be prescribed by regulations; and(iii) providing for all other matters solely concerning such authorities or committees appointed by them and not provided for by this act, the statutes or the ordinances (2) every authority of the university shall make regulations providing for the giving of notice to the members of such authority of the dates of meeting and of the business to be considered at meetings and for the keeping of a record of the proceedings of meetings(3) the executive council may direct the amendment in such manner as it may specify of any regulation made under the statutes or the annulment of any such regulationdelegation of powers38 subject to the provisions of this act and the statutes, any officer or authority of the university may delegate his or its powers to any other officer or authority or person under his or its respective control and subject to the condition that overall responsibility for the exercise of the powers so delegated shall continue to vest in the officer or authority delegating such powers statement of objects and reasonsthe national sports university will be the first full-fledged sports university in india of international standards the lakshmibai national institute of physical education, gwalior, a deemed university, is restricted to offering bachelor of physical education and master of physical education courses and the netaji subhas national institute of sports focuses on training elite athletes and coaches only thus, a void exists in the sports environment of the country in various areas, such as, sports science, sports technology, sports management, high performance training, etc therefore, it has been decided to establish the national sports university (university) which is expected to fill this void with its exclusive focus on creation of high standard infrastructure for the development of sports sciences and training of athletes apart from providing bachelor's degree, master's degrees and research and training in various areas related to sports2 consistent with international practices followed by best sports universities in the world, the focus of the university will be on multi-disciplinary studies and accordingly, have functionally related schools with stress on applicability based on the latest researches in sports sciences, sports medicine and sports technology the university will address issues relating to various disciplines of great importance at international levels including adventure and disability sports the university is also empowered to establish outlying campuses throughout the country and also outside india apart from academic programmes and research, the university and its outlying campuses will also impart training to elite athletes, sports officials, referees and umpires and evolve as centres of excellence in various disciplines of sports to make the university a world standard university, memorandum of understanding have been signed by the government of india with two australian universities, namely, the university of canberra and victoria university, for the development of curriculum, research facilities, laboratories, etc3 the national sports university bill, 2017 which was introduced in the lok sabha on10th august, 2017 could not be passed as the parliament was not in session and an urgent legislation was required to be made, the president promulgated the national sports university ordinance, 2018 on the 31st day of may, 2018 (ord 5 of 2018)4 the bill seeks to replace the aforesaid ordinancenew delhi;col rajyavardhan rathorethe 6th july, 2018clause 2 of the bill defines the various expressions used in the bill clause 3 of the bill provides for the establishment of the national sports university with its headquarters in the state of manipurclause 4 of the bill provides for the objects of the university which include, inter alia,(a) to evolve as an institute of advanced study in the field of physical education and sports sciences; (b) to provide for research and development and dissemination of knowledge in physical education and sports sciences; (c) to provide professional and academic leadership to other institutions in the field of physical education and sports sciences; (d) to serve as a centre of excellence for the elite and other talented sportspersons of all sports and games and innovation in physical education and sports sciences and to carry out, endorse and propagate research, etcclause 5 of the bill provides for and elaborates the powers and functions of the university which include, inter alia, (a) to plan, design, develop and conduct appropriate academic and training programmes in physical education and sports sciences; (b) to grant, subject to such conditions as the university may determine, diplomas or certificates to, and confer degrees or other academic distinctions; (c) to open regional centres in other parts of the country and to establish outlying campuses within india or outside india; (d) to conduct innovative experiments and promote new methods and technologies in the fields of physical education, sports sciences, sports medicine, sports technology, sports management and other related fields; (e) to act as a technical advisory body to government of india and other national organisations, state governments and national sports federations on all matters related to sports, etcclause 6 of the bill provides that the university shall be open to all castes, creed, race or classclause 7 of the bill empowers the central government to review the work and progress of the university including outlying campuses, colleges, institutions, regional centres and study centres maintained by itclause 8 of the bill specifies the officers of the university namely, the chancellor, the vice-chancellor, the deans of schools, the registrar, the finance officer, the controller of examinations, the librarian and such other officers as may be declared by the statutesclause 9 of the bill provides for the appointment of the chancellor who shall be the head of the universityclause 10 of the bill provides for the appointment of the vice-chancellor who shall be the principal executive and academic officer of the universityclause 11 of the bill provides for the appointment of the deans of schools clause 12 of the bill provides for the appointment of the registrarclause 13 of the bill provides for the appointment of the finance officer clause 14 of the bill provides for the appointment of the controller of examinations clause 15 of the bill provides for the appointment of the librarian clause 16 of the bill provides for the appointment of other officers of the university clause 17 of the bill specifies the authorities of the university, namely, the court, the executive council, the academic and activity council, the board of sports studies, the finance committee and such other authorities as may be declared by the statutesclause 18 of the bill provides for the court and its powers which includes, inter alia, review of broad policies and programmes of the university and suggest measures of improvementclause 19 of the bill provides for the executive council, who shall be the principal executive body of the university, and its powersclause 20 of the bill provides for the academic and activity council which shall be the principal academic body of the university and its constitutionclause 21 of the bill provides that the constitution, powers and functions of the board of sports studies shall be prescribed by the statutesclause 22 of the bill provides that the constitution, powers and functions of the finance committee shall be prescribed by the statutesclause 23 of the bill provides that the constitution, powers and functions of other authorities of the university shall be prescribed by the statutesclause 24 of the bill provides for the matters in respect of which the statutes may be made under the billclause 25 of the bill provides for the manner in which the statutes may be made under the billclause 26 of the bill provides for the matters in respect of which the ordinances may be made under the billclause 27 of the bill empowers the authorities of the university to make regulations, consistent with the bill, the statutes and the ordinancesclause 28 of the bill provides that the annual report of the university shall be prepared under the directions of the executive council and shall be submitted to the court which, in turn, shall submit the same to the central government with its comments, if anyclause 29 of the bill provides that annual accounts of the university shall be prepared under the directions of the executive council every year and be audited by the comptroller and auditor-general (cag) of india and the observations of the central government thereon shall be brought to the notice of the court and on resubmission to the central government, may be laid before both houses of parliamentclause 30 of the bill provides that there shall be a university fund for contributions, grants, loans, gifts, donations, etcclause 31 of the bill provides that the university shall furnish returns and information in respect of its property to the central governmentclause 32 of the bill provides for the conditions of the service of the employees which, inter alia, include that every employee shall be employed under a written contract and disputes arising out of the contract, shall be referred to a tribunal of arbitrationclause 33 of the bill provides for procedure of appeal and arbitration in disciplinary cases against studentsclause 34 of the bill provides that every employee or student of the university or of a college or an institution or a regional centre or a study centre of the university shall have the right to appeal to the executive councilclause 35 of the bill provides that the university shall constitute provident and pension funds for its employeesclause 36 of the bill provides for referral of disputes arising out of elections of the university to the central government for a final decisionclause 37 of the bill provides for filling of casual vacancies of the universityclause 38 of the bill provides that the proceedings of authorities or bodies shall not be invalidated by the vacancies among its membersclause 39 of the bill provides for protection of officers who have taken action in good faith in pursuance of the provisions of the bill, the statutes or the ordinancesclause 40 of the bill provides that anything certified by the registrar shall be received as prima facie evidence such as receipts, applications, etcclause 41 of the bill provides for power of the central government to remove difficulties, by order published in the official gazette, if any difficulty arises in giving effect to the provisions of the billclause 42 of the bill provides that every statute, ordinance or regulation made under the bill shall be published in the official gazetteclause 43 of the bill provides for transitional provisions empowering the central government to appoint the first vice-chancellor, the first registrar, the first executive council, the first academic and activity councilclause 44 of the bill provides for the repeal of the national sports university ordinance, 2018 financial memorandumsub-clause (1) of clause 3 of the bill provides for the establishment of a university by the name of "national sports university" with its headquarters in the state of manipur2 the total expenditure towards establishment of the university is estimated to be524 crore rupees which will include expenditure for the establishment of outlying campuses the land for the establishment of the university has been granted by the government of manipur free of cost hence, the cost of land is not factored in the overall expenditure3 out of the total expenditure of 524 crore rupees, the non-recurring expenditure is estimated to be 442 crore rupees and the recurring expenditure is estimated to be 82 crore rupees4 the bill does not involve any other expenditure of recurring or non-recurring nature from the consolidated fund of india memorandum regarding delegated legislationsub-clause (1) of clause 25 of the bill provides that the first statutes are those set out in the schedule to this bill sub-clause (4) of clause 25 of the bill provides that the central government may make new or additional statutes or amend or repeal the first statutes during the period of three years immediately after the commencement of the bill it further provides that on the expiry of the period of three years, the central government may make, within one year from the date of such expiry, such detailed statutes as it may consider necessary clause 24 of the bill provides for the matters in respect of which the statutes may be made2 sub-clause (1) of clause 26 of the bill provides for the matters in respect of which the ordinances may be made which include, inter alia, admission of students, courses of study, medium of instructions, award of degrees, diplomas, etc, fees charged for the courses, conditions for award of fellowships, scholarships, etc, conduct of examinations, conditions of residence of students, special arrangements, if any, for the residence and teaching of women students, establishment of centres of studies, collaboration with other universities and institutions, creation of any other body considered necessary, institution of fellowships, setting up machinery for redressal of grievances and any other matter that may be provided for by the ordinances sub-clause (2) of clause 26 of the bill provides that the first ordinances shall be made by the vice-chancellor with previous approval of the executive council and the ordinances so made may also be amended repealed or at any time by the executive council in the manner prescribed by the statutes3 clause 27 of the bill empowers the university to make regulations consistent with the bill, the statutes and the ordinances for the conduct of its own business and that of the committees, if any, appointed by them and not provided for by the bill, the statutes or the ordinances, in the manner prescribed by the statutes4 the matters in respect of which the statutes, ordinances 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 billto establish and incorporate a national sports university in the state of manipur, aspecialised university first of its kind, to promote sports education in the areas of sports sciences, sports technology, sports management and sports coaching besides functioning as the national training centre for select sports disciplines by adopting best international practices and for matters connected therewith or incidental thereto————(col rajyavardhan rathore, minister of state for youth affairs and sports)mgipmrnd—694ls(s3)—16-07-2018 | Parliament_bills | 7acc32f2-69e2-52d2-82bb-0c9ecae22940 |
10k sabra corrigenujm tothe iii gijlli mu slin uni vers£: ty (seco nd ai-iendment) bill, 1980 (to be/ls intro ducedin 10k sabha) page 4, in the ~rginal heading to pmpo sed new section ?na,-fo r "di s qu ali fi c a tio ns it re ad itdi i':<}ij ali fi p atj (\ n " new delhi; ~'il gu st 11 __ 198 0 sravana 20, 19 o~tsaka) 8iu no 161 of 1880 the aligarh muslim university (second amendment) bill, 1980 a billj'lllrther to amend the aligarh muslim university act, 1920 be it enacted by parliament in the thirty-first year of the republic of india as foilows:-1 (1) this act may be called the aligarh muslim university (second amendment) act, 1980 short title and commen_ cement s (2) it shall come into force on such date as the central government may, by notification in the official gazette, appoint "oot 1920 2 in the aligarh muslim university act, 1920 (hereinafter referred to as the principal act), in the long title and in the preamble, the words "establish and" shall be omitted amend mentol jong title and pre_ amble 3 in section 2 of the principal act,-10 amend_ mental clause shall be inserted, teetfon 2 the employees of the uni-i (hh) "non-teaching staff" means versity other than the teachers;'; (i) after clause (h), the following namely:-, ~ ~;' (ii) clause (j) shall be omitted; (iii) tor clauae (1), the following clauee shall be subatituted namely:-'(l) "university" means the educational institution of their choice established by the muslims ot india, which originated 88 s the muhammadan anglo-oriental college, aligarh, and which was subsequently incorporated as the aligarh muslim university: 4 in section 5 of the !principal act,-amend mentof ifttion i (i) in clause (2), after sub-clause (b), the following sub-clause shall be inserted namely:-10 (c) to promote especially the educational and cultural advancement of the muslims of india;"; (ii) in clause (i), the words "and determine their conditions of service in accordance with the statutes" shall be added at the end; (iii) for dause (9), the following clause shall be substituted, 15 namely:-"(9) to institute and maintain halls for the students of the university;"; (iv) in clause (l1b), the words "and determine their conditions of service in accordance with the statutes" shall be added at the end 20 5 for section 8 of the principal act, the following section shall be substituted, namely:-substitution at new&ec tionfor section 8 "8 the university shall be open to all persons (including the teachers and taught) of either sex and whatever race, religion, creed, caste or class: 25 univer sityopen to all persons provided that nothing in this section shall be deemed to prevent j rel1g16us"1risti-\l~ioni'being given "in~ ithetnilnner '~;nltd by the ordinances to those who have consented to ~ive it" 6 in section 16 of the princiqal act,-i·" d en - 't f v' 'a 0, section i6 '(i)' '~i(eticljllse; ysa) : 'the' 'following clliu8e ''''11 be i inserted, 3" namely:-'·'(sb)·:thj '1ionmi treamer;"; - , ~ ; (ii) existing clauses (3b),' '(sc)'bbd (3d) 'iball -be" renumbered as clauses (3c) , (3d) and (3e) thereof respectively 7 in section 17 of the principal~ct, for sub-section (1), the follow- 35 ing sub-section shall be sudrttfot\!d,ntbely: -- a1oend_ du!fttof mcltion·17 " (1) the ····chanc~l1or of the' t1tii"et"lftty-'"' sldl1 ~ "elected by the col,jrt in sljch manner and for such term as may' be' ~cribed by the- "si8tu~" , " , (l~, the follow-amend mentor 8 in sectkm 18 of the prircipal act ior ~seci1on idg sub ti , -see eii1 shall be substituteg\ namely:-section 18 " (1) the pro-chancellor shall be elected by the court in such manner awl for such t~lll _ ~ be p~~fi~ qy ~e statutes" 5 ~ sections 20a and 20b of the principal act shall be ,,~mum"""red as sections 20b and 2oc' """nr"r" be respectively, and before section 20b as so renumred, the followmg secti9tl splijl q, 4lli~r~~, nqp1~~:~ insertion of new section 2oa the honorary treasurer "2qa (1) the honor~ry ':l'r~_~sure~ ~u be ~l~t~q by ~p~ c~l!r\ in such manner and for such term as may be prescribed by the sta,tutes 10 (2) the honorary treasurer shall exercise luch ~ow~r, ~ ~r~ form such functions as may be prescribed by the statutes" 10 in section 21 of the principal act, after the words "the pro-vice-chaneeuor,", the words "the ho~ary tr'~4fer," ~l be ~rtej amend_ mentof section a1 11 in section 22 of the principal act,-15 an!~~"; mentol (i) after clause (3), the following namely:-clause shall be in~ert~d, section 22 "(3a) the finance committee;"; (ii) in clause (3b), the word "and" shall be inserted at the end; (iii) clause (3c) shall be omitted 20 12 for section 23 at the principal act, the following section shall be substituted, namely:-substitution of new section for section 23 the coullt "23 (1) the court shall consist of the chaw:~or,,tqe prq-chancellor, the vice-chancellor and the pro-vice-chancellor (if any) for the time being, and such other persons as may be specified in the statutes (2) the court shall be the supreme governin~ body of the university and shall exercise all the powers of the umve~slty not other- provided for by this act,the statutes, the orduu~nces and the :~ulations and it shall have power to reviewthe acts of·the ex~\wve rnd the academic councils (save where such counclls ~u acted dane with powers conferred on them under this aot,- the 10 accor e statutes or the ordinances) (3) subject to the provisions of t~is ~ct, ~he colw't ,shall~ercise the following powers and perlormtbe jollowl~g 4~les, ~e1y;-(a) to make statutes andte ame~ or repe,al the 1p&ln!; (b) to coil'lider ol'pinances; (c) to consider and pass resolutions on the ,8nnualreport, 1 accounts and the 1lnancfal estimates; the annul (ci) to elect aucl1 persons to &erve on the authorities of the university and to appoint such officers as may pe ,prescribed by this act or the statutes; and (e) to exercise ·sueh otber powers and perfonn such other duties as may be conferred or imposed upon it by this act or the 5 statutes" 13 in section 26 of the principal act for the wordsi'and functions of the faculties and of the students' council", the words "and functions of the finance committee and the faculties" 'shall be substituted amendment of ectlon 28 14 after section 26 of the principal act, the following section shall 10 be inserted, namely:-- insertion of new section 26a "26a a person shall be disqualified for being chosen as, and for being, a member of any of the authorities of the university if he is not a citizen of india" duquauftcations for membership 15 in section 27 of the principal act,-is amendmento! section 27 (i) in clause (0), the words "the finance committee" shall be omitted; (ii) for clause (c), the following clause shall be substituted, namely:-"(c) the manner of election or appointment, as the case may 20 be, of the chancellor, the pro-chancellor, the vice-chancellor and other officers of the university;" 16 for section 28 of the principal act the following section shall be substituted, namely:-substitution of new section ~or section 28 statutes "28 (1) on the commencement of the aligath muslim univer- 25 aity (second amendment) act, 1980, the statutes in force immediately before such commencement shall be the statutes of the university (2) after the commencement of the aligarh muslim university (second amendment) act, 1980, the court may, notwithstanding anything contained in sub-'section (1), make new or additional sta- 30 tutes or may amend or repeal the statutes referred to in sub-section (1) in the manner hereinafter provided in this section (3) the executive council may propose to the court the draft of any statute for its consideration and such draft shall be considered by the court at its next meeting: 35 provided that the executive council shall not propose the draft of any statu1;c or of any amendment of a statute affecting the status, powers or constitution of any authority of the university until such 5 ~utho~l~y has been given an q?portunity of expressing an opinion n ~itmg upon the proposal and any opinion so expressed shall be considered by the court lu (4) the court may approve any such draft a's is re~red to in sub-section (3) or reject it or return it to the executive coundl for reconsideration, either in whole or in part, together with any amendments which the court may suggest 15 (5) any member of the court may prc"ose to the court, the draft of any statute and the court may reject the proposal or refer such draft for consideration to the executive council, which may either reject the proposal or submit the draft to the court in such form as the executive council may approve and the provisions of this section shall apply in the case of any draft ;0 submitted as they a?ply in the case of a draft proposed by the executive council (6) no new statute or amendment or addition or repeal of any statute shall come into force unless it is approved by the visitor, who may sanction or disallow it, or return it for further consideration 2j 17 in sub-section (3) of section 31 of the principal act, after the words "this section" the words ", other than any regulation made by the court," shall be inserted amendment of section 31 18 in section 34 of the principal act, after sub-section (2), the 25 following sub-section shall be inserted, namely:-amendment of section 34 "(3) a copy of the annual report as submitted to the visitor shall also be submitted to the central government, which shall, a~ sood ~~ may be, cause the same to be laid before both houses of parhament 19 for section 35 f th principal act the following section shall be 0 c , 30 substituted, namely:-substitution of new section for section 35 annual accounts 3:> , aunts and balance sheet of the univer-"35, (1) the a~nu~n~~~' the direction of the executive council sity shall be prepalcd 'car and at intervals of not more than and shall, once at least every yth comptroller and auditor-general h b audited bye i tho fifteen mont s, e ' ns as he may authorise n is h person or perso of india or by suc behalf 1 ounts together with the audit re-(2) a copy of the annu,a adc~ the' court and the visitor along hall be sllbmltte 0 , port thereon, s, f th executive council b rvatlons a e 1 with the 0 se th visitor' on the annua (3) any observations made bye\,, h tice of the court and the o~ervaccounts shall be brought toh til e :r~er being considered by the execua curt if any, sa, ' tions of the 0 ~ubmitted to the visitor, tive council, be (4)' a eq!'jy of t'he: 8mual eteul'its, ~ \ttft! ate smftt report, is subrrjtt~dl to lli~ vi!'it'or, sl\all also b~ sub'tnttted to th~ cel'riral government, which shall, as soon as may be, cause the same to be laid bblare both hotiifis of pal"ltameat (5) the audited annual accounts, aher having been laid before 5 both the' hous~ of parltamertt, shan be pctbb~1ted fti the! ga~e of india", a:bi~l toiulendjtbe,de6~tiqn,,-qf '~l1iu~ejty" i:js,q~r¥if~(!d ,jon )the !t\ligarh,mutllim ,-u:m~r"ty 4et ·,wasijn~~jprjbe ~ c,&ep~a ,~ -mueh: 28, la980 j~ - as\,~ ltriag ollt,~sfly~ tmt;yte,uwval~ is' ,tl)e -~~alid84t"tionofj;hwr _che,~~qijdj~tyr~he ~ \if l~lawhiah ,~)~ -\hej4ujqa~a,n l\i~,,~l '~!ie ~"tym1d'l\yjhim ~jls s~b~nuy,~~tl;~'sj,ijle:ni~rh,m~ 'ultiwi'8l 2 subsequently, representations were received from a number of organisations, eg, -jamiat-ulma-i;hind -all -'india' muslim uniftrsity action committee, staff association ~nd the students union of the aligarh muslim' university and various other organisations and iooividuals for comprehensive amendment of the aligarh' muslim universi'ty act 3 the suggestions received were examined by government and consultations were also held with the representatives of the aligarh muslim university and other organizations and the conclu'sion arrived at was that a comprehensive bill to amend aligarh muslim university act be introduced in the current session of the lok sabha 4 the main features of the bill are as follows:-(i) omission of the words "establish and" from the long title and preamble to the act (ii) amendment of the definition of the expression "university" occurring in the act (iii) empowering the university to promote especially the educational and cultural advancement of the muslims of india (iv) restoring the status of the supreme governing body of the university 00 the court (v) change in the procedure of appointment of chancellor and pro-chancellor (vi) restoration of the office of the honorary treasurer 5 the bill seeks to achieve the above objects p shiv shanker new delhi; the 9th august, 1980 clause 16 of the b1n which proposes to substitute a new sectior for section 28 of the aligarh muslim univel'&ity act, uno, enables the court of the university to make new or addftional statutes of the university or to amend or repeal such statutes the matters in respect of which the court may exercise this power relate to the conltitution, powers and functions of the authorities of the university, the mannet of appointment or election, of the chancellor, the pro-chancellor, the vice-chancellor and other officers of the university, the manner of appointment of teachers and other employees of the university and other matters 2 the above matters pertain to matters of procedure or detail and as such the delegation of legislative power is of a normal character annexure erl'racrs prom tid: almarr mt7blim ujilvouiiil'ri at:r, 1920 (40 all' 1920)an act to establish and incorporate a teaching and· residential muslim university at aligarh - whereas it is expedient to establish and incorporate a teaching and rt>s~dential muslim university at aligarh, and to dijaolve the soeietles registered under the societies' registration act, 1880 (21 of 1888), which are respectively known as the muhammadan anglo-oriental college, aligarh, and the muslim university asaocia~ and to tradsferto and vest in the said university all properties and rights of the said societies and of the muslim university foundation committee; 2 in this act and in all statutes made hereunder, udlea the codtext d6al otherwise requires,-uona - - - m "students' council" melda the students' councu of tbe university; - - - - - (1) "university" means the aligarh muslim univenlty ~ - - - - i - 5 the university shall have the following powers, umely:-- - - - (2) (g) to promote oriental and ialam1c studies and jive idstruction in muslim theology and t'eligion and to impart mertl 1d4 physical training; (7) to institute profe~rships, readerships, u:ctureahip! and other teaching or academic posts required by the uruvenlty, add to appoint persons to such professorships, readerships, lecturelhips - and other posts; (9) to institute and maintain, within a radius of twenty-ftve t kilome res 0 f the university mcsque, han and hosteb and to hcoi-u -fty within the f idence for the students of the ruve~, ruse p~a~ 0 dre8to withdraw if'uch recognition accorded to any alch said lliluts an place of residence; - te dministrative ministerial and other poats and (llb) to crea a ' to make appointments thereto; - - - univeropen to all classes, castes and creeds 8 • the university shall be open to persona of either sex and of wha~ ever race, creed, caste, or class, and it shall not be lawful for the udivel'-sity to adopt or impose on anytmtm,1by test whatsoever of religious bejief or profession in order to entitle him to be admitted therein, as a teacher ii'?,itdl6t; tjto ttihotd uij _0& tberidjl, "nco :ar thereat, or to enjoy or exercise any privil~ge thereof, except in respect of any particu:ar benefaction ac:epted 1)yl the ~trersity, before the commence-~~ ~~~h mjjsri~uni,v~rsi~ (~t),~tl~' wbere such teat is maae a co ~~~ \he~f ~y any teljtamenwu-y or other instrumej)t creating such benetaction: - - - officers of the university - - - ,', - the chaoctph lor :-:,,; 17 (1) the chancellor of the university shai1 be appointed by the visitor in such mamer u may bft prwcrlbed bj tlul statutes - - - - 18 (1) the pro-chancellor shall be appointed by the visitor in such rhwltn~ as rhiiy be prescribed hy di~ statu~ ' i the pro-chancellor ' - - - - zi tlj~:p'ow~rs~t oftjcera otber than the chaacellor,~e;f'jd-cbnoeli?pwlmc" ofi_\w~ ofti~-:wv lo~, the ~ice-chancellor: the pro-vi~e-chancellor, the registrar and the fmance dfficer shall be prescribed by the statutes ' •• l~ ~ ,'" ~_ ~ - i' ,j __ t'r-:,~ ~ ~~~~ ~ '~'~;:,,~~ - , - authori-ties of the univer sity 22, the following shall be authot'ities of the university:- - - - - (s8) the faculties, (3c) the students' council; and - - - - - ~ (1) theconstitutk>n of the court and the telm of oftlce of its rriibers ,shall be such as may be preseriped by the s~~utes ': j the court - (2) sub:;ect to the provisions or this act, the court shall' hvt! the following powers and functions, namely: -'' ": i , ,,(~), ,tq rm,ew: from time to ti~1 the ~ polictee and pro-grltlmnei·tit the-'uhtwrs-ity'dnd 'to· ~"," tin~& ~orth~ imp ve-ment and development of the umv~~j · ' :"~~··j;11 off " (b) to consider and pass resolutions on the annual report, annual accounts of the university and the audit report thereonj (c) to advise the v"t referred to ·t ~ d' 181 or in respect of any matter which jilav ~ 1 lor a vice; and ' -" st ' (d) to perform sucb other functions" : ~"'" l~' "" ••• - 'i'~", ~"'i at utes , ''1 ~s may geffescrl~ ljy ~~e ~ , '~ ,; 1 ', " 26, the constitution ' ' the students' c i' powers and functions of the faculties and of b th ounc 1 and of such other authorities u lilay be d,ecblred by he statutes to be authorities of the uttiyetbi shall bt ---''-1 y t e statutes ," iii tm~~ other authon-tie ' (jf ,,,' thi!" h';· ,; univer-sity f 27, subject to the provisions of this aet,tttestatutes mlly proi-ide or all or any of the following matters, namel,:-power to make statutes th (a), the constitut~on, powers and ,functions of ~~ a~thorit"of e umverslt~, the finance committee and such other authorities as may be constituted from time to time' , i (c) the manner of a;>pointment of the chanoe1lor, vice--c~i lor, and other officers of the univetsity; - 34 of 1972 28 (1) on and from the commencement of the aligarh muslim uni· statutes versity (amendment) act, 1972, the statutes, as set out in the schedule, shall be the statutes of the university: provided that the provisions of statutes 29 to 46, both 'inclusive, of the university (relating to provident fund, pension and gratuity for the employees of the university), as in force immediately before such commencement, shall be deemed to be included in the statutes set out in the schedule and shall, until new statutes are made under sub-section (2), continue in force subject to such modifications [being modifications necessary for bringing them into accord with the provisions of this act as amended by the aligarh muslim university (amendment) act, 1972] as the executive council may, with the approval of the visitor, make 34 of 1972 (2) after the commencement of the aligarh muslim university (amendment) act, 1972, the executive council may, notwithstanding thing contained in sub-section (1), make new or additional statutes ~~y may amend or repeal the statutes referred to in sub-section (1): p "ded that the executive c(luncil shall not make, amend or repeal rovl t't ti f h stat t affecting the status, powers or cons 1 u on 0 any au onty any uu, e 't untl'l such authority of the university has been given of the mversl y 't f xpressing the opinion on the proposed, changes which an opportum y 0 e t' d shall be considered by the executive council shall be 10 wn 109 an stat te or addition to the statutes or any amendment (3) every newatute ~hall require the nrevious approval of the vieitor or repeal of a ~t d' 11 w it or return it to the executive council for who may sanction or isa 0 further consideration, 31 (1) - - - regulationa (3) the executive council may direct the amendulent, in iuch manner as it may specify, of any regulation made under this section or the bddulmedt of any such beplation - - - - 31 (1) the annual &ccowlta and balance sheet of the university shall be prepared under the direction of the executive council, and shall once at least every year and at intervals of not more than fifteen months be audited by the comptroller and auditor-general of india (2) the annual accounts when audited shall be published in the official gazette, and a copy of the accounts, together with the report of the comptroller and auditor-general shall be submitted to the court, the visitor and the chancellor alongwith the observations of the executive council (3) any observations made by the visitor on the annual accounts shall be brought to the notice of the court and of the chancellor and the obeervatiolll ot the court, if any, shall, after being considered by the kecutive council, be submitted to the visitor - - - bill further to amend the aligarh muslim university act, 1920 (shri p shiv shanker, minibt:er of i,clw, jutice and company affair • ) r | Parliament_bills | b08d851f-ca66-5ea5-8fc7-198f80c6b95d |
the indian tariff (second amendment) bal, 1955(as inftoduce in lo:l saiba) the indian tariff (second amendment) bill, 1955 (as introduced in los: sabra) a billfurther to amend the indian tariff ac:t, 1934 be it enacted by parliament in the sixth year of the republic of lndia as follows:-i (1) this act may be called the indian tariff (second amend- short dtle a 9 and comment) ct, 1 55 mencement s (2) the provisions of clause (ii) of section 2 [relating to item no 28(15)] shall come into force on the first day of january, 1956; and the remaining provisions shall come into force at once 2 in the first schedule to the indian tariff act, 1934,-amendmeat of the fint (i) in items nos 28(4), 48(1), 48(4), 48(5), 48(7) and 72(l4)(b), schedule 10 in the last column headed "duration of protective rates of duty", for the word, figures and letters "december 31st, 1955", wherever they occur, the word, figures and letters "december 31st, 1958" &hall be substituted; (ii) in item no 28(15),-is (a) in the third column, for the word "protective" wherever it occurs, the word "revenue" shall be substituted; and (b) the entries in the last column headed "duration of protective rates of duty" shall be omitted; 20 (iii) in item no 28(32), in the last column headed "duration of protective rates of duty", for the word, figures and letters "december 31st, 1955", wherever they occur, the word, figures and letters "december 31st, 1959" shall be substituted; (iv) in item no 30(14),-(a) in the entries in the fourth column, for the figures and words "25 1/5 per cent ad valorem" and" "35 1/5 , per cent ad valorem", the figures and words "34 per cent ad valorem" and "44 per cent ad valorem" shall, respectively, be substituted; and (b) in the last column headed "duration of protective rates of duty", for the word, figures and letters 10 "december 31st, 1955", wherever they occur, the word, figures and letters "december 31st, 1957" shall be substituted; (v) in item no 63(33)(b), in the last column headed "duration of protective rates of duty", for the word, figures and is letters "december 31st, 1955", the word, figures and letters "december 31st, 1957" shall be substituted; (vi) in item no 70(4), for the entry in the second column, the following entry shall be substituted, namely:-"brass unwrought, ingots, billets, cakes, slabs, blooms 20 (excluding scrap), that is to say, ingots, billets, cakes, slabs, blooms (excluding scrap), containing (1) 55 to 74 per cent of copper, (2) 26 to 42 per cent of zinc and (3) not more than 3 per cent of components (including impurities) other than copper and zinc,"; 2s (vii) for item no 71(8), the following item shall be substituted, namely:-"71(8) i grinding wheels protective 25 per cent december 3ut, and segments made ad valorem 1957" ; of synthetic abraaive grains, ex-' eluding the followidl namely :-or bore but more in thickness; and prepated wheels (viii) after item no 71(13), the following item sh~ll be inserte~ namely:-10 71(14) steel files and rasp a (including aaw files but excluding jewellen' files, watchmakers' files, other dcedlc files, mill tooth files, rotary power filel and ampoule files, of the following aizes, namely:-not leas than 4 inches protective but less than 6 inches rs 7 per dozen december 31st 19s9· i' december 311 t rs 8 per dozen not leas than 6 inches protective but leis than 8 inches; not less than 8 inches protective but less than 10 inches rs ii per dozen t 19s9· december 3 ii 19s9· not le8s than 10 inches protective but less than jz inches rs is per dozen december 311t 19s9· not less than jz inches protective but less than 14 inches rs 19 per dozen december 311 t 1959· not less than 14 inches protective but leis than 16 inches 25 rs26 dozen per december 311t, 19s9· rs'j4 per ozen december 3i1t 19s9·" ; not less than 16 inches protective but not exceeding 18 inches (i,r) in item no 72(3), in the entry in the second column, after 30 the figures and brackets 1172(2)", the words "and not otherwise specified" shall be inserted; (x) for item no 72(14)(a), the following item shall be substituted, namely:-js "72(14) 4') (a) the following elec-protective is per cent december tric motors, namely, adoalor" 31st, 19s8" squirrel cage induction motors of a bralte--horse--power not exceeding 100:," but not less than onequarter of one brake-hone-power and ii~ ring mototl of a rake-hone-power not exceeding 100 but not ie •• ' than one brake - hone-power; exc:iudina flame proof motors and variable speed commutator motors (xi) in item no 73(16), in the entry in the second column after the words "lamp holders", the words "designed for use in circuits of less than ten amperes" shall be inserted; (xii) in the note below item no 75(3), for the word, figures and brackets "or 75(16)", the word, figures and brackets 5 "75(16) or 75(18)(b)" shall, be substituted; (xiii) after item no 75(7), the following item shall be inserted, namely:-rouen chains of size l-x" used as parts idd accessories of cycle (other than motor cycles), whether imported cut to length or inrolla-15 (a) of british manu-protective facture december 31st, 1956 60 per cent ad i valorem 20 (6) not of british ma-protective nufacture: 70 per cent ad valorem december 31st, 1956" ; 25 provided t"at such i chains colpable of being used as parts : and accessories of motor cycles or in 1\ an industrial system ahall be deemed to be dutiable at the ! appropriate rate specified above ---------_--------------------------(xiv) in item no 75(12), in the entry in the second column for the word, figures and brackets "and 75(11)", the figures, brackets, word and letter "75(11), 75(14), 75(15), 75(16) and 75(18)(b)" shall be substituted; 3' (xv) after item no 75(17), the following item shall be inserted, namely:-'75(18) 40 ('fj) sinpe cylinder protective 60 per cent december fuel injection pumps ad 3 lit, for stationary diesel valorem 19s6 engines, and com-~nent parta thereof excluding elementa and delivery valves (b) nozzleholders with protective 60 per cent december a damping capacity ad 3ut l1ptoi lrch clamping lialortflt i9s6" diameter for nozzle (atomisers) for use on 8 ationary , or automobile diese engines, and com 10 ponent1pans-' (excludinl( nozzles) i thereof - statement of objects and reasonsthe object of the present bill is to amend the first schedule to the indian tariff act, 1934 (xlxxii of 1934) in order to grant, continue or discontinue protection to certain industries on tht; advice of the tariff commission 2 the industries which will be protected are:-| name ||----------------------------------|| serial || no || i || engineen' steel files || diesel fuel injection equipment |3 the industries which will continue to be protected are!-i name of the industry serial item no oftriff no soda ash hydroquinone 3 30(14) titanium dioxide 4 48(1),48(4),48(5) add artificial silk and cotton and artificial silk mixed 48(7) fabrics , '63(33)(6) iron or steel machine screws , 71(11) grinding wheels and lesments made of eynthctic, abrasive grains electric moton 4 the scope of protection to the electric motor industry is being expanded so as to include squirrel cage induction motors of a brakeborse-power above 20 and upto and inclusive of 100 and slip ring moton of a brake-horse-power ranging from 1 to 100 inclusive as also component parts of these motors other than control gear 5 protection will be discontinued in respect of calcium chloride industry from the l~t january, 1956 squirrel cage induction motors of less than one-quarter of one brake-horse-power and component parts thereof will iusc be excluded from the scheme of protection s opportunity has also been taken to carry out certain minor amendments of a formal characttr t t krishnamachari nzw dam; the 28th september, 1955 a bill further to amend_the indian tariff act, 1934the president has, in pursuance of clause (i) of article 117 of the constitution of india, recommended to lok sabha the introduction of the bill m n kaul, secretary (shn· t t krishnamachari, minister of commerce and industry) | Parliament_bills | 1d853e3d-3c97-5a62-9b9f-d882de247971 |
bill no xlvii of 2009 the foreign trade (development and regulation) amendment bill, 2009 a billfurther to amend the foreign trade (development and regulation) act, 1992be it enacted by parliament in the sixtieth year of the republic of india as follows:—1 (1) this act may be called the foreign trade (development and regulation)amendment act, 2009short title and commencement(2) it shall come into force on such date as the central government may, by notification in the official gazette, appoint:provided that different dates may be appointed for different provisions of this act and any reference in any such provision to the commencement of this act shall be construed as a reference to the coming into force of that provisionamendment of section 222 of 19922 in section 2 of the foreign trade (development and regulation) act, 1992 (hereinafter referred to as the principal act),—(a) for clause (e), the following shall be substituted, namely:—'(e) "import" and "export" means,—(i) in relation to goods, bringing into, or taking out of, india any goods by land, sea or air;(ii) in relation to services or technology,—(i) supplying, services or technology—(a) from the territory of another country into the territory of india;(b) in the territory of another country to an indian service consumer;(c) by a service supplier of another country, through commercial presence in india;(d) by a service supplier of another country, through presence of their natural persons in india; (ii) supplying, services or technology—(a) from india into the territory of any other country; (b) in india to the service consumer of any other country; (c) by a service supplier of india, through commercial presence in the territory of any other country;(d) by a service supplier of india, through presence of indian natural persons in the territory of any other country:28 of 2005provided that "import" and "export" in relation to the goods, services and technology regarding special economic zone or between two special economic zones shall be governed in accordance with the provisions contained in the special economic zones act, 2005'; (b) in clause (g), after the word "permission", the words "certificate, scrip or any other instrument bestowing financial or fiscal benefits" shall be inserted;(c) after clause (i), the following clauses shall be inserted, namely:—'(j) "services" means service of any description which is made available to potential users and includes all the tradable services specified under the general agreement on trade in services entered into amongst india and other countries who are party to the said agreement:provided that, this definition shall not apply to the domain of taxation;(k) "service supplier" means any person who supplies a service and who intends to take benefit under the foreign trade policy;(l) "specified goods or services or technology" means the goods or services or technology, the export, import, transfer, re-transfer, transit and transshipment of which is prohibited or restricted or in respect of which conditions have been imposed on grounds of their being pertinent or relevant to india as a nuclear weapon state, or to the national security of india, or to the furtherance of its foreign policy or its international obligations under any bilateral, multilateral or international treaty, covenant, convention or arrangement relating to weapons of mass destruction or their means of delivery to which india is a party or its agreement with a foreign country under the foreign trade policy formulated and notified under section 5 of the act;(m) "technology" means any information (including information embodied in software), other than information in the public domain, that is capable of being used in—(i) the development, production or use of any goods or software; (ii) the development of, or the carrying out of, an industrial or commercial activity or the provision of service of any kindexplanation,— for the purpose of this clause— (a) when technology is described wholly or partly by reference to the uses to which it (or the goods to which it relates) may be put, it shall include services which are provided or used, or which are capable of being used in the development, production or use of such technology or goods;21 of 2005(b) "public domain" shall have the same meaning as assigned to it in clause (i) of section 4 of the weapons of mass destruction and their delivery systems (prohibition of unlawful activities) act, 2005'3 in section 3 of the principal act,—amendment of section 3(a) in sub-section (2), for the words "import or export of goods", the words"import or export of goods or services or technology" shall be substituted;(b) after sub-section (3), the following sub-section shall be inserted, namely:—"notwithstanding anything contained in any other law, rule, regulation, notification or order, no permit or licence shall be necessary for import or export of any goods or provision for services or technology, nor any goods or provision for services or technology shall be prohibited for import or export except, as may be required under this act or rules or orders made thereunder:provided that the central government may, having regard to the foreign trade policy by order, exempt any service or class of services from the purview of this sub-section"4 in section 5 of the principal act—amendment of section 5(a) for the words "export and import policy", the words "foreign trade policy"shall be substituted;(b) the following proviso shall be inserted, namely:—"provided that the central government may direct that, in respect of the special economic zones, the foreign trade policy shall apply to the goods, services and technology with such exceptions, modifications and adaptations as may be specified by it by notification in the official gazette"amendment of section 65 in section 6 of the principal act, in sub-section (2), for the words "export and import policy", the words "foreign trade policy" shall be substituted6 in section 7 of the principal act, the following proviso shall be inserted, namely:—amendment of section 7"provided that in case of import and export of services, the importer-exporter code number shall be necessary only when the service provider is taking benefits under the foreign trade policy or is dealing with specified services or specified technologies"7 in section 8 of the principal act,—amendment of section 8(a) for sub-section (1), the following sub-section shall be substituted, namely:—"(1) where—(a) any person has contravened any of the provisions of this act or any rules or orders made thereunder or the foreign trade policy relating to central excise or customs or foreign exchange or has committed any other economic offence under any other law for the time being in force as may be specified by the central government by notification in the official gazette; or(b) the director general or any other officer authorised by him has reason to believe that any person has made an export or import in a manner prejudicial to the trade relations of india with any foreign country or to the interests of other persons engaged in imports or exports or has brought disrepute to the credit or the goods of, or services or technology provided from, the country; or(c) any person who imports or exports specified goods or services or technology, in contravention of any provision of this act or any rules or orders made thereunder or the foreign trade policy, the director general or any other officer authorised by him may call for the record or any other information from that person and may, after giving to that person a notice in writing informing him of the grounds on which it is proposed to suspend or cancel the importer-exporter code number and after giving him a reasonable opportunity of making a representation in writing within such reasonable time as may be specified in the notice and, if that person so desires, of being heard, suspend for a period, as may be specified in the order, or cancel the importer-exporter code number granted to that person"; (b) in sub-section (2), for the words "import or export of any goods", the words"import or export of any goods or services or technology" shall be substitutedamendment of section 98 in section 9 of the principal act, in sub-section (2), for the words "class or classes of goods", the words "class or classes of goods or services or technology" shall be substituted9 after section 9 of the principal act, the following shall be inserted, namely:—insertion of new section 9a 'chapter iiia quantitative restrictionspower of central government to impose quantitative restrictions9a (1) if the central government, after conducting such enquiry as it deems fit, is satisfied that any article is imported into india in such increased quantities and under such conditions as to cause or threaten to cause serious injury to domestic industry, it may, by notification in the official gazette, impose such quantitative restrictions on the import of such articles as it may deem fit:provided that no such quantitative restrictions shall be imposed on an article originating from a developing country so long as the share of imports of that article from that country does not exceed three per cent or where that article originates from more than one developing countries, then, so long as the aggregate of the imports from all such countries taken together does not exceed nine per cent of the total imports of that article into india(2) the quantitative restrictions imposed under this section shall, unless revoked earlier, cease to have effect on the expiry of four years from the date of such imposition:provided that if the central government is of the opinion that the domestic industry has taken measures to adjust to such injury or threat thereof and it is necessary that the quantitative restrictions should continue to be imposed to prevent such injury or threat and to facilitate the adjustments, it may extend the said period beyond four years:provided further that in no case the quantitative restrictions shall continue to be imposed beyond a period of ten years from the date on which such restrictions were first imposed(3) the central government may, by rules provide for the manner in which articles, the import of which shall be subject to quantitative restrictions under this section, may be identified and the manner in which the causes of serious injury or causes of threat of serious injury in relation to such articles may be determined(4) for the purposes of this section—(a) "developing country" means a country notified by the central government in the official gazette, in this regard;(b) "domestic industry" means the producers –(i) as a whole of the like article or a directly competitive article in india; or(ii) whose collective output of the like articles or a directly competitive article in india constitutes a major share of the total production of the said article in india; (c) "serious injury" means an injury causing significant overall impairment in the position of a domestic industry;(d) "threat of serious injury" means a clear and imminent danger of serious injury;'amendment of section 1010 in section 10 of the principal act, for sub-section (1), the following sub-section shall be substituted, namely:—"(1) the central government may, by notification in the official gazette, authorise any person for the purposes of exercising such powers with respect to,—(a) entering such premises where the goods are kept, stored or processed, manufactured, traded or supplied or received for the purposes of import or export and searching, inspecting and seizing of such goods, documents, things and conveyances connected with such import and export of goods;(b) entering such premises from which the services or technology are being provided, supplied, received, consumed or utilised and searching, inspecting and seizing of such goods, documents, things and conveyances connected with such import and export of services and technology, subject to such requirements and conditions, as may be prescribed" 11 in section 11 of the principal act,—amendment of section 11(a) in sub-section (1), for the words "export and import policy", the words"foreign trade policy" shall be substituted;(b) for sub-section (2), the following sub-sections shall be substituted, namely:—"(2) where any person makes or abets or attempts to make any export or import in contravention of any provision of this act or any rules or orders made thereunder or the foreign trade policy, he shall be liable to a penalty of not less than ten thousand rupees and not more than five times the value of the goods or services or technology in respect of which any contravention is made or attempted to be made, whichever is more(2a) where any person signs or uses, or causes to be made, signed or used, any declaration, statement or document submitted to the director general or any officer authorised by him under this act, knowing or having reason to believe that such declaration, statement or document is forged or tampered with or false in any material particular, he shall be liable to a penalty of not less than ten thousand rupees or not more than five times the value of the goods or services or technology in respect of which such declaration, statement or document had been submitted, whichever is more"; (c) for sub-section (4), the following sub-sections shall be substituted, namely:—"(4) a penalty imposed under this act may, if it is not paid by any person, be recovered by any one or more of the following modes, namely:—(a) the director general may deduct or require any officer subordinate to him to deduct the amount payable under this act from any money owing to such person which may be under the control of such officer; or52 of 1962(b) the director general may require any officer of customs to deduct the amount payable under this act from any money owing to such person which may be under the control of such officer of customs, as if the said amount is payable under the customs act, 1962; or52 of 1962(c) the director general may require the assistant commissioner of customs or deputy commissioner of customs or any other officer of customs to recover the amount so payable by detaining or selling any goods (including the goods connected with services or technology) belonging to such person which are under the control of the assistant commissioner of customs or deputy commissioner of customs or any other officer of customs, as if the said amount is payable under the customs act, 1962; or(d) if the amount cannot be recovered from such person in the manner provided in clauses (a), (b) and (c)—(i) the director general or any officer authorised by him may prepare a certificate signed by him specifying the amount due from such person and send it to the collector of the district in which such person owns any property or resides or carries on his business and the said collector on receipt of such certificate shall proceed to recover from such person the amount specified thereunder as if it were an arrear of land revenue; or(ii) the director general or any officer authorised by him(including an officer of customs who shall then exercise his powers under the customs act, 1962) and in accordance with the rules made in this behalf, detain any movable or immovable property belonging to or under the control of such person, and detain the same until the amount payable is paid, as if the said amount is payable under the customs act, 1962; and in case, any part of the said amount payable or of the cost of the distress or keeping of the property, remains unpaid for a period of thirty days next after any such distress, may cause the said property to be sold and with the proceeds of such sale, may satisfy the amount payable and costs including cost of sale remaining unpaid and shall render the surplus, if any to such person(4a) where the terms of any bond or other instrument executed under this act or any rules made thereunder provide that any amount due under such instrument may be recovered in the manner laid down in sub-section (4), the amount may, without prejudice to any other mode of recovery, be recovered in accordance with the provisions of that sub-section(4b) without prejudice to the provisions contained in this section, the importer-exporter code number of any person who fails to pay any penalty imposed under this act, may be suspended by the adjudicating authority till the penalty is paid or recovered, as the case may be" (d) in sub-section (5), for the words "the goods", the words and brackets "the goods (including the goods connected with services or technology)" shall be substituted;(e) in sub-section (6), for the words "the goods", the words and brackets "the goods (including the goods connected with services or technology)" shall be substituted 12 after section 11 of the principal act, the following sections shall be inserted, namely:—insertion of new sections 11a and 11b"11a all sums realised by way of penalties under this act shall be credited to the consolidated fund of indiacrediting sums realised by way of penalties in consolidated fund of india 1 of 194411b settlement of customs duty and interest thereon as ordered by the settlementcommission as constituted under section 32 of the central excise act, 1944, shall be deemed to be a settlement under this act"empowering settlement commission for regularisation of eo default amendment of section 1413 in section 14 of the principal act, for the word "goods" at both the places where it occurs, the words and brackets "the goods (including the goods connected with services or technology)" shall be substituted14 after chapter iv, following chapter shall be inserted, namely:—insertion of a new chapter iva "chapter iva controls on export of specified goods, services and technology21 of 2005controls on export of specified goods, services and technology14a (1) in regard to controls on export of specified goods, services and technology referred to in this chapter, the weapons of mass destruction and their delivery systems (prohibition of unlawful activities) act, 2005 shall apply to exports, transfers, re-transfers, brought in transit, trans-shipment of, and brokering in specified goods, technology or services21 of 2005(2) all terms, expressions or provisions of the weapons of mass destruction and their delivery systems (prohibition of unlawful activities) act, 2005 shall apply to the specified goods, services or technology with such exceptions, modifications and adaptations as may be specified by the central government by notification in the official gazette(3) the central government may, by notification in the official gazette, direct that any of the provisions of this chapter—(a) shall not apply to any goods, services or technologies, or (b) shall apply to any goods, services or technologies with such exceptions, modifications and adaptations as may be specified in the notificationtransfer controls21 of 200514b (1) the central government may, by notification in the official gazette,make rules in conformity with the provisions of the weapons of mass destruction and their delivery systems (prohibition of unlawful activities) act, 2005 for, or, in connection with, the imposition of controls in relation to transfer of specified goods, services or technology21 of 2005(2) no goods, services or technology notified under this chapter shall beexported, transferred, re-transferred, brought in transit or transshipped except in accordance with the provisions of this act, the weapons of mass destruction and their delivery systems (prohibition of unlawful activities) act, 2005 or any other relevant actcatch-all controls14c no person shall export any material, equipment or technology knowingthat such material, equipment or technology is intended to be used in the design or manufacture of a biological weapon, chemical weapon, nuclear weapon or other nuclear explosive device, or in their missile delivery systemssuspension of cancellation of a licence14d the director general or an officer authorised by him may, by order, suspendor cancel a licence to import or export or specified goods or services or technology without giving the holder of the licence a reasonable opportunity of being heard but such person shall be given a reasonable opportunity of being heard within six months of such order and thereupon the director general or the officer so authorised may, if necessary, by order in writing, confirm, modify or revoke such orderoffences and penalties21 of 200514e (1) in case of a contravention relating to specified goods, services ortechnologies, the penalty shall be in accordance with the provisions of the weapons of mass destruction and their delivery systems (prohibition of unlawful activities) act, 200521 of 2005(2) where any person contravenes or attempts to contravene or abets, any of the provision(s) of this chapter in relation to import or export of any specified goods or services or technology, he shall, without prejudice to any penalty which may be imposed on him, be punishable with imprisonment for a term stipulated in the weapons of mass destruction and their delivery systems (prohibition of unlawful activities) act, 2005(3) no court shall take cognizance of any offence punishable under this chapter without the previous sanction of the central government or any officer authorised in this behalf by the central government by general or special order"amendment of section 1515 in the principal act, in the title of chapter v, for the word "revision", the word"review" shall be substitutedamendment of title of chapter v16 in section 15 of the principal act, in sub-section (2) in the proviso, for the words"goods", the words and brackets "the goods (including the goods connected with services or technology)" shall be substituted17 for section 16 of the principal act, the following shall be substituted, namely:—substitution of new section for section 16 review16 "the central government, in the case of any decision or order made by thedirector general, or the director general in the case of any decision or order made by any officer subordinate to him, may on its or his own motion or otherwise, call for and examine the records of any proceeding, for the purpose of satisfying itself or himself, as the case may be, as to the correctness, legality or propriety of such decision or order and make such orders thereon as may be deemed fit:provided that no decision or order shall be varied under this section so as to prejudicially affect any person unless such person—(a) has, within a period of two years from the date of such decision or order, received a notice to show cause why such decision or order shall not be varied; and(b) has been given a reasonable opportunity of making representation and, if he so desires, of being heard in his defence"amendment of section 1718 in section 17 of the principal act, for the word "revision" wherever it occurs, the word "review" shall be substituted19 after section 18 of the principal act, the following shall be inserted, namely:—insertion of new section 18a"18a 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"application of other laws not barred20 in section 19 of the principal act, in sub-section (2), —amendment of section 19(a) in clauses (c), (f), (h) and (i), for the words "goods" wherever it occurs, the words and brackets "the goods (including the goods connected with services or technology)" shall respectively be substituted; (b) after clause (e), the following clause shall be inserted, namely:— "(ea) the manner in which articles, the import of which shall be subject to quantitative restriction, may be identified and the manner in which the causes of serious injury or causes of threat of serious injury in relation to such articles may be determined under sub-section (3) of section 9a;" statement of objects and reasonsthe foreign trade (development and regulation) act, 1992 was enacted to provide for the development and regulation of foreign trade by facilitating imports into and augmenting exports from india and for matters connected therewith or incidental thereto2 since the enactment of the foreign trade (development and regulation) act, 1992, certain requirements have arisen necessitating amendments to the said act these include providing a statutory provision for safeguard measures enabling imposition of quantitative restrictions (qrs); bringing in tighter export or trade control in the case of dual-use goods and related technologies and providing enabling provisions for establishing controls as in the weapon of mass destruction and their delivery systems (prohibition of unlawful activities) act, 2005; bringing "technology" and "services", including financial services, within the ambit of the act for the purpose of administering incentive schemes and other provisions of the foreign trade policy; dispensing with the requirement of obtaining any licence or permit for import or export except as may be provided under the act; enabling swift and exemplary action in trade dispute matters; further rationalisation as well as improvement of the system of levying and realising fiscal penalties; empowering customs and central excise settlement commission for settlement of customs and excise duty and interest dues; broadening the scope of word "licence" defined in the act; providing a provision for review of all decisions of subordinate officers by director general of foreign trade3 the proposed amendments would enable the government to impose quantitative restrictions as a safeguard measure to provide the domestic industry a level playing field, in case a surge in imports leads to, or threatens to seriously injure domestic industry; rationalise the system of penalty leviable under the act making it more equitable; enable stricter regulation of export in technology, especially relating to dual-use items, which is necessary to instill a sense of confidence among the technology providers and to ensure that trade in sensitive technologies including dual-use technologies is appropriately regulated; ensure conformity with the provisions of the weapons of mass destruction and their delivery systems (prohibition of unlawful activities) act, 2005 the provision of notifying all restrictions on imports and exports through the foreign trade policy would ensure that all such information is available at one place therefore ensuring conformity with india's commitments to wto the power of review would ensure transparency and public accountability in the system the amendments would also ensure that trade in sensitive technologies is regulated, additional modes for recovery of penalty are available and india's growing trade in services is facilitated4 the bill seeks to achieve these objectivesnew delhi;anand sharmathe 5th september, 2009 financial memorandumthe proposed amendments to the foreign trade (development and regulation) act,1992 are regulatory in nature and do not have any financial implications the additional work relating to imposition of quantitative restrictions as a safeguard measure will be managed by the directorate general of foreign trade within its existing strength and regular budget2 the provisions of the bill do not involve any other recurring or non-recurring expenditure memorandum regarding delegated legislationclause 9 of the bill seeks to insert a new chapter iiia relating to imposition of quantitative restrictions to the foreign trade (development and regulation) act, 1992 the new section 9a empowers the central government to impose quantitative restrictions on the import of increased quantities of articles into india the said section also empowers the central government by rules to provide the manner in which articles, the import of which shall be subject to quantitative restrictions2 clause 10 of the bill seeks to amend sub-section (1) of section 10 to empower the central government, by notification in the official gazette, authorise any person for the purpose of exercising such powers with respect to—(a) entering such permises where the goods are kept, stored or processed, manufactured, traded or supplied or received for the purposes of import or export and searching, inspecting and seizing of such goods, documents, things and conveyances connected with such import and export of goods;(b) entering such permises from which the services or technology are being provided, supplied, received, consumed or utilised and searching, inspecting and seizing of such goods, documents, things and conveyances connected with such import and export of services and technology; subject to such requirements and conditions, as may be prescribed 3 clause 14 of the bill seeks to insert a new chapter iva relating to application of the weapons of mass destruction and their delivery systems (prohibition of unlawful activities) act, 2005 the new section 14a empowers the central government to specify by notification the application of the weapons of mass destruction and their delivery systems (prohibition of unlawful activities) act, 2005 to the specified goods, services or technology with such exceptions, modifications and adaptations the new section 14b empowers the central government to make rules in conformity with the weapons of mass destruction and their delivery systems (prohibition of unlawful activities) act, 2005 for, or, in connection with, the imposition of controls in relation to transfer of specified goods, services or technology4 the matters in respect of which notifications may be issued or rules may be made are essentially matters of administrative detail and procedure 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 foreign trade (development and regulation) act, 1992 (no 22 of 1992)2 in this act, unless the context otherwise regquires,—definitions (e) "import" and "export" means respectively bringing into, or taking out of, india any goods by land, sea or air; (g) "licence" means a licence to import or export and includes a customs clearance permit and any other permission issued or granted under this act; chapter ii power of central government to make order and announce export and import policy3 (1) powers to make provisions relating to imports and exports(2) the central government may also, by order published in the official gazette, make provision for prohibiting, restricting or otherwise regulating, in all cases or in specified classes of cases and subject to such exceptions, if any, as may be made by or under the order, the import or export of goods export and import policy5 the central government may, from time to time, formulate and announce by notification in the official gazette, the export and import policy and may also, in like manner, amend that policy6 (1) appointment of director general and his functions(2) the director general shall advise the central government in the formulation of the export and import policy and shall be responsible for carrying out that policy chapter iii importer-exporter code number and licenceimporterexporter code number7 no person shall make any import or export except under an importer-exporter code number granted by the director general or the officer authorised by the director general in this behalf, in accordance with the procedure specified in this behalf by the director general8 (1) where—suspension and cancellation of importerexporter code number(a) any person has contravenced any law retating to central excise or customs or foreign exchange or has committed any other economic offence under any other law for the time being in force as may be specified by the central government by notification in the official gazette, or(b) the director general has reason to believe that any person has made an export or import in a manner gravely prejudicial to the trade relations of india with any foreign country or to the interests of other persons engaged in imports or exports or has brought disrepute to the credit or the goods of the country, the director general may call for the record or any other information from that person and may, after giving to that person a notice in writing informing him of the grounds on which it is proposed to suspend or cancel the importer-exporter code number and giving him a reasonable opportunity or making a representation in writting within such reasonable time as may be specified in the notice and if that person so desires, of being heard, suspend for a period, an may be specified in the order, or cancel the importer-exporter code number granted to that person(2) where any importer-exporter code number granted to a person has been suspended or cancelled under sub-section (1), that person shall not be entitled to import or export any goods except under a special licence granted, in such manner and subject to such conditions as may be prescribed, by the director general to that person9 (1) issue, suspension and cancellation of licence(2) the director general or an officer authorised by him may, on an application and after making such inquiry as he may think fit, grant or renew or refuse to grant or renew a licence to import or export such class or classes of goods as may be prescribed, after recording in writing his reasons for such refusal chapter iv search, seizure, penalty and confiscationpower relating to search and seizure10 (1) the central government may, by notification in the official gazette, authorise any person for the purposes of exercising such power with respect to entering such premises and searching, inspecting and seizing of such goods, documents, things and conveyances, subject to such requirements and conditions, as may be prescribed11 (1) no export or import shall be made by any person except in accordance with the provisions of this act, the rules and orders made thereunder and the export and import policy for the time being in forcecontravention of provisions of this act, rules ordersand export and import policy(2) where any person makes or abets or attempts to make any export or import in contravention of any provision of this act or any rules or orders made thereunder or the export and import policy, he shall be liable to a penalty not exceeding one thousand rupees or five times the value of the goods in respect of which any contravention is made or attempted to be made, whichever is more(3) (4) a penalty imposed under this act may, if it is not paid, be recovered as an arrear of land revenue and the importer-exporter code number of the person concerned, may, on failure to pay the penalty by him, be suspended by the adjudicating authority till the penalty is paid(5) where any contravention of any provision of this act or any rules or orders made thereunder or the export and import policy has been, is being, or is attempted to be, made, the goods together with any package, covering or receptacle and any conveyances shall, subject to such requirements and conditions as may be prescribed, be liable to confiscation by the adjudicating authority(6) the goods or the conveyance confiscated under sub-section (5) may be released by the adjudicating authority in such manner and subject to such conditions as may be prescribed on payment by the person concerned of the redemption charges equivalent to the market value of the goods or coveyance, as the case may be14 no order imposing a penalty or of adjudication of confiscation shall be made unless the owner of the goods or conveyance, or other person concerned, has been given a notice in writing—giving of opportunity to the owner of the goods, etc(a) informing him of the grounds on which it is proposed to impose a penalty or to confiscate such goods or conveyance; and(b) to make a representation in writing within such reasonable time as may be specified in the notice against the imposition of penalty or confiscation mentioned therein, and, if he so desires, of being heard in the matter chapter v appeal and revisionappeal15 (1) (2) the appellate authority may, after giving to the appellant a reasonable opportunity of being heard, if he so desires, and after making such further inquiries, if any, as it may consider necessary, make such orders as it thinks fit, confirming, modifying or reversing the decision or order appealed against, or may send back the case with such directions, as it may think fit, for a fresh adjudication or decision, as the case may be, after taking additional evidence, if necessary:provided that an order enhancing or imposing a penalty or redemption charges or confiscating goods of a greater value shall not be made under this section unless the appellant has been given an opportunity of making a representation, and, if he so desires, of being heard in his defence [10] m crevision16 the central government, in the case of any decision of order, not being a decision or order made in an appeal, made by the director general, or the director general in the case of any decision or order made by any officer subordinate to him, may on its or his own motion or otherwise, call for and examine the records of any proceeding in which a decision or an order imposing a penalty or redemption charges or adjudicating confiscation has been made and against which no appeal has been preferred, for the purpose of satisfying itself or himself, as the case may be, as to the correctness, legality or propriety of such decision or order and make such orders thereon as may be deemed fit:provided that no decision or order shall be varied under this section so as to prejudicially affect any person unless such person—(a) has, within a period of two years from the date of such decision or order, received a notice to show cause why such decision or order shall not be varied, and(b) has been given a reasonable opportunity of making representation and, if he so desires, of being heard in his defencepowers of adjudicating and other authorities5 of 1908 2 of 197217 (1) every authority making any adjudication or hearing any appeal or exercising any powers of revision under this act shall have all the powers of 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 witnesses; (b) requiring the discovery and production of any document; (c) requisitioning any public record or copy thereof from any court or office; (d) receiving evidence on affidavits; and (e) issuing commissions for the examination of witnesses or documents(2) every authority making any adjudication or hearing any appeal or exercising any powers of revision under this act shall be deemed to be a civil court for the purposes of sections 345 and 346 of the code of criminal procedure, 19732 of 1974(3) every authority making any adjudication or hearing any appeal or exercising any powers of revision under this act shall have the power to make such orders of an interim nature as it may think fit and may also, for sufficient cause, order the stay of operation of any decision or order(4) clerical or arithmetical mistakes in any decision or order or errors arising therein from any accidental slip or omission may at any time be corrected by the authority by which the decision or order was made, either on its own motion or on the application of any of the parties:provided that where any correction proposed to be made under this sub-section will have the effect of prejudicially affecting any person, no such correction shall be made except after giving to that person a reasonable opportunity of making a representation in the matter and no such correction shall be made after the expiry of two years from the date on which such decision or order was made19 (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:— (c) the class or classes of goods for which a licence may be granted under subsection (2) of section 9; (f) the premises, goods, documents, things and conveyances in respect of which and the requirements and conditions subject to which power of entry, search, inspection and seizure may be exercised under sub-section (1) of section 10; (h) the requirements and conditions subject to which goods and conveyances shall be liable to confiscation under sub-section (5) of section 11;(i) the manner in which and the conditions subject to which goods and conveyances may be released on payment of redemption charges under sub-section (6) of section 11; and rajya sabha———— a billfurther to amend the foreign trade (development and regulation) act, 1992————(shri anand sharma, minister of commerce and industry) | Parliament_bills | 728ed772-69fb-5309-97d5-3d561e982d2e |
bill no 111 of 2011 the health insurance (for persons living below poverty line) bill, 2011 bydr ajay kumar, mpa billto provide for health insurance for the benefit of persons living below poverty line and for matters connected therewith or incidental theretobe it enacted by parliament in the sixty-second year of the republic of india as follows:—1 (1) this act may be called the health insurance (for persons living below poverty line) act, 2011short title, extent and commencement(2) it extends to the whole of india (3) it shall come into force at oncedefinitions2 in this act, unless the context otherwise requires,—(i) "persons living below poverty line" means persons, whose annual income from all sources is less than rupees fifty thousand; and(ii) "prescribed" means prescribed by rules made under this act53 the central government shall frame a health insurance scheme for persons living below poverty linehealth insurance scheme4 (1) the central government shall, through the state government or the union territory administration, as the case may be, issue a health card to every citizen living below poverty linehealth cards to persons living below poverty line10(2) the health card shall contain the details such as name and age, address details of family members, annual income and such other information as may be prescribed5 any citizen, who is entitled to a health card but has not been issued the same, he may approach the district administration, which shall, after necessary verification, issue the health cardcitizens to approach district administration if card is not issued to them156 (1) any person, who has been issued a health card, may approach any hospital, including a privately run hospital for treatment of self or any of his family members, whose name has been included in the health cardright of health cardholders to get treatment from hospitals(2) the hospital shall not charge any fees from the cardholder for his treatment or treatment of any member of his family and shall also provide the prescribed medicines free of charge20(3) the hospital shall make entries in the health card regarding the total expenditure incurred by it in the treatment of the cardholder or his family members and send a copy of the detailed expenses to the central government in such manner as may be prescribed7 the total expenditure on the treatment in respect of a health cardholder and his family members shall not exceed rupees twenty-five thousand per year:25limit ofexpenditure on the treatment of cardholdersprovided that the cardholder may submit an application in the form as may be prescribed to the central government for enhancing the limit in case of any critical illness and the central government may allow an enhanced expenditure for the treatment of the particular disease308 subject to the provisions of section 7, no hospital shall refuse treatment of any cardholder, on the ground that the cardholder has not made any advance deposit with the hospital for treatmenthospitals not to refusetreatment tocardholders procedure for reimbursement359 the hospital shall make its claim for reimbursement of expenses in connection withtreatment of a cardholder or a member of his family to the central government in such manner as may be prescribed 10 the central government on receipt of a claim under section 9 shall process the same and reimburse the expenses within a month of receipt of the claim to the hospital concernedreimbursement to be made within a month11 (1) every cardholder shall be insured for a sum of rupees twenty-five thousand40life insurance for nominee of the cardholder(2) the amount of insurance shall be paid to a nominee of the cardholder in case of his death(3) the premium for insurance of the cardholder shall be paid by the central governmentpenalty for violation12 if any hospital refuses to treat any cardholder or member of his family without any valid reason, the central government shall issue directions for cancellation of the licence of the hospital13 (1) the central government may, by notification in the official gazette, make rules for carrying out the purposes of the actpower to make rules510(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 reasonspoor people cannot afford treatment in hospitals as it has become a costly affair huge crowds in government hospitals discourage elderly, physically challenged persons and women from taking treatment there as a result, they are left uncared for even in government hospitals, they have to spend money on purchasing medicines, etcindia, being a welfare state, care has to be taken by the government of the under privileged sections of the society it is proposed to provide that persons living below poverty line will be allowed to take free treatment in hospitals including private hospitals and there is also a provision for their life insurancethis, it is hoped, will mitigate the hardship of the poor people to some extent hence this billnew delhi;ajay kumarnovember 9, 2011 financial memorandumclause 3 of the bill provides for a health insurance scheme for all persons living below poverty line clause 4 provides for issuance of health cards to all persons living below poverty line to enable them to take treatment in hospitals clause 10 provides for reimbursement of expenses by the central government to the hospitals concerned there is also a provision for life insurance of the cardholder under clause 11the bill, therefore, if enacted, would involve expenditure from the consolidated fund of india it is likely to involve a recurring expenditure of about rupees five thousand crore per annuma non- recurring expenditure of about rupees one thousand crore will also be involved for issuing health cards memorandum regarding delegated legislationclause 13 of the bill empowers the central government to make rules for carrying out the purposes of the billas the rules will relate to matters of detail only, the delegation of legislative power is of a normal character———— a bill to provide for health insurance for the benefit of persons living below poverty line and for matters connected therewith or incidental thereto———— | Parliament_bills | 5477ba4f-84d6-5f92-8802-a3fb3f657700 |
bill no vii of 2018 the constitution (amendment) bill, 2018 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, appoint52 after article 21a of the constitution, the following article shall be inserted, namely,—insertion of new article 21b right to health"21b the state shall provide a mechanism for protection of the health of all indian citizens which includes prevention, treatment and control of diseases as well as access to free of cost or affordable medical treatment, diagnosis and essential medicines in such manner as the state may, by law, determine" statement of objects and reasonsthe indian constitution does not recognize right to health as a fundamental right although some provisions of the directive principles of state policy are directly or indirectly related to public health article 38 imposes liability on the state to secure a social order for the promotion of welfare of the people which cannot be achieved without right to health article 39(e) is related to protection of health of workers and article 39(f) provides that children are given opportunities and facilities to develop in a healthy manner article 42 provides to protect the health of infant and mother by maternity benefit article 47 spells out the duty of the state to raise the level of nutrition and the standard of living of its people and the improvement of public health the state expenditure on health is only 14% of the gross domestic product (gdp) which needs to be increased to at least 10% india has one of the highest disease burdens in the world and india's poor health outcomes is one of our major developmental challengesthere is an urgent need for a justiciable mechanism for protection of the health of all indian citizens which includes prevention, treatment and control of diseases as well as access to free of cost or affordable medical treatment, diagnosis and essential medicines making the right to health a fundamental right will be a step towards achieving this goal it is the duty of the state to provide free of cost or affordable healthcare services for all its citizenshence this billripun bora financial memorandumclause 2 of the bill seeks to make free of cost or affordable healthcare and medical treatment a fundamental right the bill if enacted will involve expenditure from the consolidated fund of india however, at this stage it will be difficult to make an estimate of such expenditure, both recurring and non-recurring the exact amount can be worked out only when the provisions of the bill are implemented rajya sabha———— a billfurther to amend the constitution of india————(shri ripun bora, mp)mgipmrnd—897rs(s3)—23072018 | Parliament_bills | d7281373-cef8-57e9-b4f8-daca7b891aa4 |
bill no 134 of 1190 the cantonments (amendment) bill, 1990 a billfutther to amend the cantonments act, 1924 be it enacted by parliament in the forty-first year of the republic of india as follows:-1 this act may be called the cantonments (amendment) act, 1990 short title 2 id aedion 27 01 tbe cantonments act, 1924, in sub-seetion (1), for s the words "twenty-one yean", the words "eighteen years" shall be sub stituted amendmentol section 270fact 2 ot 1924 statement of objects and reasonsarticle 326 of the constitution has been amended by the constitution (sixty-first amendment) act 1988 with effect from 28th march, 1989 to reduce the voting age from 21 years to 18 years for the elections to the hoose of the people and to the legislative assembly of every state some o'f the sta:e governments have also adopted 18 years of age for elections to the local authorities the present day youth are literate and enlightened lowering of the voting age in the can~ent act, 1924 would provide to the un-represented youth of the cantonment areas an opp'jrtunity to take active part in the political process it is, ~erefore, proposed to reduce the voting age from 21 years to 18 ye"ars 2 the bill seeks to achieve the above object new delhi; dr raja ramanna the 3rd august, 1990 there are no direct financial implications the proposed amendment will bring a substantial number of youth between the age of 18 to 21 years, on the electoral rolls of the cantonment boards conseqmmtly the electoral rolls shall have to be revised' it is not possible to precisely estimate the expenditure involved in the preparation of the revised electoral rolls it is, however estimated that the likely expenditure on the revision of electoral rolls may be between rs 2 lakhs to rs 25 lakhs for all the cantonments in the country 2 besides the above some additional expenditure will also have to be incurred on the actual conduct of elections, on account of increase in the number of ballot papers to be printed increase in the administrative expenditure in conducting the elections on account of increase in the number of polling booths deployment of staff, etc it is, however not possible to precisely estimate the cost on this account 3 the bill, when enacted, will not involve any other expenditure whether recurring or non-recurring, apart from the above annexure extrnct from ttie cantonments act, 1924(2 of 1924) - - - - qualii-cation of elector %1 (1) every person who, on such date as may be fixed by the· central government in this behalf by notification in the oftlcial gazette (hereinafter in this section referred to as "the qualifying date") is dot less than twen'ty-one years of age and who has resided in the cantonment for a pel'iod of not leal than six months immediately preceding the qualifying date shall, if not otherwise disqualified, be entitled to be enrolled as an elector expzanation-when any place is declared a cantonment for the first time, or when any local area is first included in a cantonment, j"esidence in the place or area comprising the cantonment on the aforesaid dateshall be deemed to be residence in the cantonment for the purposes of this sub-section - - - - - a bdl 'further to amend the cantonments act, 1924 (1)7" ra;a ramantl4 minute, of state in the miniatt't/ oj defence) | Parliament_bills | 9aa87675-525b-5d82-b983-6d8b3456308e |
the indian institutes of management bill, 2017—————— arrangement of clauses——————clauses chapter i preliminary1short title and commencement2declaration of certain institutions as institutions of national importance3definitions chapter ii the institutes4incorporation of institutes5effect of incorporation of institutions6objects of institutes7powers and functions of institute8institutes to be open to all irrespective of sex, race, creed, caste or class9institute to be not-for-profit legal entity chapter iii the authorities of institutes10board of governors11powers and functions of board12term of office of, vacancies among, and allowances payable to members of board13resignation of chairperson14academic council15power and functions of academic council16director17initiation of inquiry18custodian of records, etc19role of members of society20committees and other authorities chapter iv accounts and audit21grants by central government22fund of institute23accounts and audit24books of account to be maintained by institute25appointment of auditors clauses26annual report of director27board to consider statement of accounts28annual report of institute chapter v coordination forum29establishment of coordination forum30functions of coordination forum chapter vi miscellaneous31acts and proceedings not to be invalidated by vacancies, etc32returns and information to be provided to central government33institute to be public authority under right to information act34power of central government to make rules35regulations how made36ordinances how made37rules and regulations to be laid before parliament38power to remove difficulties39transitional provisionsthe schedule bill no 20 of 2017 the indian institutes of management bill, 2017 a billto declare certain institutes of management to be institutions of national importance with a view to empower these institutions to attain standards of global excellence in management, management research and allied areas of knowledge and to provide for certain other matters connected therewith or incidental theretobe it enacted by parliament in the sixty-eighth year of the republic of india as follows:— chapter i preliminary1 (1) this act may be called the indian institutes of management act, 20175short title and commencement(2) it shall come into force on such date as the central government may, by notificationin the official gazette, appoint, and different dates may be appointed for different provisions of this act102 whereas the objects of the institutes mentioned in the schedule are such as to make them institutions of national importance, it is hereby declared that each such institute is an institution of national importancedeclaration of certain institutions as institutions of national importancedefinitions3 in this act, unless the context otherwise requires,—(a) ''academic council" means the academic council referred to in section 15; (b) "board", in relation to any institute, means the board of governors referred to in sub-section (1) of section 10;5(c) "chairperson" means the chairperson of the board of governors of the institutes appointed under clause (a) of sub-section (2) of section 10;(d) "coordination forum" means the coordination forum established under section 29;10(e) "corresponding institute" in relation to an institute mentioned in column (3) of the schedule, means an institute as specified against the said institute in column (5);(f) "director", means the director of the institute appointed under sub-section (2) of section 17;15(g) "existing institute" means any institute mentioned in column (3) of the schedule;(h) "institute" means any institute mentioned in column (5) of the schedule; (i) "notification" means a notification published in the official gazette and the expression "notify" with its cognate meanings and grammatical variation shall be construed accordingly;20(j) "ordinances" means ordinances made by the academic council under this act; (k) "prescribed" means prescribed by rules made under this act; (l) "regulations" means regulations made by the board; (m) "schedule" means the schedule annexed to this act;25(n) "society" means any of the societies registered under the societies registration act, 1860 or the mysore societies' registration act, 1960 or the madhya pradesh societies registration act, 1973 or the tamil nadu societies registration act, 1975 or the jammu and kashmir societies registration act, 1998 mentioned in column(3) of the schedule21 of 186017 of 196044 of 197327 of 1975 vi of 1998 chapter ii30 the institutesincorporation of institutes4 (1) on and from the commencement of this act, every existing institute shall be a body corporate by the same name as mentioned in column (5) of the schedule35(2) every institute referred to in column (5) of the schedule shall have perpetual succession and a common seal, with power, subject to the provisions of this act, to acquire, hold and dispose of property, both movable and immovable, and to contract and shall, by the said name, sue or be sued5 on and from the commencement of this act,—effect of incorporation of institutions(a) any reference to an existing institute in any contract or other instrument shallbe deemed as a reference to the corresponding institute;40(b) all properties, movable and immovable, of or belonging to every existinginstitute shall vest in the corresponding institute;(c) all rights and debts and other liabilities of every existing institute shall betransferred to, and be the rights and liabilities of, the corresponding institute;5(d) every person employed by every existing institute immediately before such commencement shall hold his office or service in the corresponding institute, with 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 had this act not been enacted and shall continue to do so unless and until his employment is terminated or until such tenure, remuneration and terms and conditions are duly altered by regulations:10provided 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 a compensation equivalent to three months' remuneration in case of permanent employee and one months' remuneration in the case of other employee:15provided further that any reference, by whatever form of words, to the director, and other officers of an existing institute under any law for the time being in force, or in any instrument or other document, shall be construed as a reference to the director, and other officers of the corresponding institutes;20(e) every person pursuing, before commencement of this act, any academic or research course in every existing institute, shall be deemed to have migrated and registered with the corresponding institute, on such commencement at the same level of course in the institute from which such person migrated;(f) all suits and other legal proceedings instituted or which could have been instituted by or against an existing institute, immediately before the commencement of this act, shall be continued or instituted by or against the corresponding institute6 each institute shall have the following objects, namely:—objects of institutes25(a) to educate and support leaders who can contribute as professional managers, entrepreneurs, and stewards of existing and emerging enterprises in the private, public, and social sectors;(b) to carry out research, publication, consultancy and advisory work to advance new knowledge and innovation and to provide global leadership in management theory and practice:30provided that research so conducted shall also be directed towards such areas of study which shall enhance inclusive, equitable and sustainable national development goals as enshrined in the objects of the act;(c) to provide management education of high quality and to promote allied areas of knowledge as well as interdisciplinary studies;35(d) to sensitise management education to the vision of inclusive, equitable and sustainable national development goals in order to contribute holistically to society;(e) to support and develop programmes promoting social and gender equity;40(f) to develop educational programmes and faculties that advance the cause ofeducation, teaching and learning, across disciplines;(g) to set-up centres for management studies and allied areas; (h) to support and collaborate with management institutions and othereducational institutions in india;45(i) to co-operate and collaborate with educational or management institutions in other countries to extend the interests of management education and research7 subject to the provisions of this act, every institute shall exercise the following powers and perform the following functions, namely:—powers and functions of institute(a) to carry out the administration and management of the institutes;(b) to provide by regulations for the admission of candidates to the variouscourses of study in conformity with the laws for the time being in force;50(c) to specify and conduct courses of study, training and research in management and allied subjects and document, and disseminate knowledge thereof;(d) to evolve innovative management education pedagogy aligned to dynamicglobal management practices;5(e) to conduct examinations and to establish processes for evaluation andperformance assessment through a fair and transparent system;(f) to grant degrees, diplomas and other academic distinctions or titles and toinstitute and award fellowships, scholarships, prizes and medals, honorary awards and other distinctions;10(g) to lower the cost of education and to enhance the reach of the education byuse of information and communication technology and other innovative methods;(h) to establish and maintain such infrastructure as may be necessary;15(i) to determine, specify and receive payment of, fees and other charges as theinstitute may deem fit, from students and any other person, institution or body corporate for instruction and other services, including training, consultancy and advisory services, provided by the institute;20(j) to acquire, hold and deal with the property belonging to or vested in the institute, with the approval of the board, and in case of immovable property, under prior intimation to the central government, for advancing the objects of the institute subject to the condition that such property is not obtained wholly or partly from the state government or the central government funds: provided that where the land for the institute has been provided free of cost by a state government or the central government such land may be disposed of only with the prior approval of the central government;25(k) to create academic, administrative, technical, ministerial and other postsunder the institute other than the post of director of the institute and to make appointments thereto;(l) to appoint committees for the disposal of any business of the institute or fortendering advice in any matter pertaining to the institute;30(m) to receive grants, gifts and contributions and to have custody of the fundsincluding internally generated funds of the institute to meet the expenses, including capital expenditure of the institute including expenses incurred in the exercise of its powers and discharge of its functions;35(n) to creat partnership, affiliation and other classes of professional or honoraryor technical membership or office as the institute may consider necessary;(o) to perform such other functions as may be necessary for carrying out theobjects of the institutes;(p) to do all such things and activities, incidental to the attainment of all or anyof the objects of the institute408 (1) every institute shall be open to all persons irrespective of sex, race, creed, caste or class, and no test or condition shall be imposed as to religious belief or profession in admitting or appointing members, students, teachers or workers or in any other connection whatsoeverinstitutes to be open to all irrespective of sex, race, creed, caste or class45(2) no bequest, donation or transfer of any property shall be accepted by any institute which in the opinion of the board involves conditions or obligations opposed to the spirit and object of this section(3) the admission to every academic course or programme of study in each institute shall be based on merit assessed through transparent and reasonable criteria disclosed through its prospectus, prior to the commencement of the process of admission by such institute:5provided that nothing in this section shall be deemed to prevent the institute frommaking special provisions for the employment or admission of women, persons with disabilities or for persons belonging to any socially and educationally backward classes of citizens and, in particular, for the scheduled castes and the scheduled tribes:5 of 2007 provided further that every such institute shall be a central educational institution forthe purposes of the central educational institutions (reservation in admission) act, 200610institute to be not-for-profit legal entity9 (1) every institute shall be a not-for-profit legal entity and no part of the surplus, ifany, in revenue of such institute, after meeting all expenditure in regard to its operations under this act, shall be invested for any purpose other than for the growth and development of such institute or for conducting research therein(2) every institute shall strive to raise funds for self-sufficiency and sustainability 15 chapter iii the authorities of institutesboard of governors10 (1) the board of governors of each institute shall be the principal executive body of that institute(2) the board of each institute shall consist of the following members, namely:—20(a) a chairperson, from amongst eminent persons distinguished in the field ofindustry or education or science or technology or management or public administration or such other field, to be appointed by the board;(b) one nominee of the central government having charge of the managementeducation or his representative;25(c) one nominee of the respective state government or representative of suchnominees, within whose territorial jurisdiction the institute is located;30(d) four eminent persons, of which at least one shall be a woman, distinguishedin the field of education, industry, commerce, social service or public administration, to be nominated by the board, having such experience and in such manner as may be specified by regulations;(e) two members from the faculty of respective institutes to be nominated by thechairperson, in the manner to be laid down by the board by regultions;(f) one person from the scheduled castes or scheduled tribes to be nominatedby the board from amongst the members referred to in clauses (d), (e) and (g);35(g) up to five persons to be co-opted by the board from the alumni or themembers of society of the existing institute who have distinguished themselves in the field of management:provided that out of such five persons, not more than one member shall be from the society;40(h) three women members to be nominated by the board from amongst themembers referred to in clauses (d), (e) and (g);(i) director of the institute, ex officio member(3) the board may nominate a person to fill up any temporary vacancy, of a member referred to in clauses (d) and (g) of sub-section (2), for a period which may extend to three months45(4) the board shall designate an officer of the institute to act as secretary of the board(5) the chairperson shall have the power to invite any number of experts, not being members of the board, to attend meetings of the board, but such invitees shall not be entitled to vote at the meetingpowers and functions of board511 (1) subject to the provisions of this act, the board of every institute shall be responsible for the general superintendence, direction and control of the affairs of the institute and shall have the power to frame or amend or modify or rescind the regulations governing the affairs of the institute to achieve the objects of the institute specified in section 610(2) without prejudice to the provisions of sub-section (1), the board shall have the following powers, namely:—(a) to take decisions on questions of policy relating to the administration andworking of the institute;(b) to examine and approve the annual budget estimates of the institute;15(c) to examine and approve the plan for development of the institute and toidentify sources of finance for implementation of the plan;(d) to establish departments, faculties or schools of studies and initiateprogrammes or courses of study at the institute;(e) to set-up centres of management studies and allied areas within the countryunder intimation to the central government;20(f) to grant degrees, diplomas and other academic distinctions or titles, and toinstitute and award fellowships, scholarships, prizes and medals;(g) to confer honorary degrees in such manner as may be specified by theregulations;(h) to grant honorary awards and other distinctions;25(i) to create academic, administrative, technical and other posts and to makeappointments thereto:provided that the cadre, the pay scales, allowances and term of employment of such posts shall be such as may be determined by the central government;30(j) to determine, by regulations, the number and emoluments of such posts andto define the duties and conditions of services of the academic, administrative,technical and other staff;(k) to set-up centres of management studies and allied areas outside india inaccordance with guidelines laid down by the central government from time to time and in accordance with the provisions of the laws for the time being in force in such foreign country;35(l) to pay, variable pay to the director of the institute on the basis ofperformance objectives as may be specified by the regulations;(m) to specify by regulations, the fees to be charged for courses of study andexaminations in the institute;40 (n) to specify by regulations the manner of formation of department of teaching; (o) to specify by regulations the institution of fellowships, scholarships,exhibitions, medals and prizes;45(p) to specify by regulations the qualifications, classification, terms of officeand method of appointment of the academic, administrative, technical and other staff of the institute;(q) to specify by regulations the constitution of pension, insurance and providentfunds for the benefit of the academic, administrative, technical and other staff;(r) to specify by regulations, the establishment and maintenance of buildings; (s) to specify by regulations, the conditions of residence of students of theinstitute and levying of fees for residence in the halls and hostels and of other charges;(t) to specify by regulations, the manner of authentication of the orders anddecisions of the board;5(u) to specify by regulations, the quorum for meetings of the board, theacademic council or any committee, and the procedures to be followed in the conduct of their business;(v) to specify by regulations, the financial accountability of the institute; and10(w) to exercise such other powers and perform such other duties as may beconferred or imposed upon it by this act or the rules made thereunder(3) subject to the provisions of this act, the board may by regulations, delegate such powers and functions of the board to the director as it may deem fit15(4) the board shall conduct an annual review of the performance of the director, in the context of the achievements of objects of the institute:provided that such review shall include performance reviews of faculty members of the institute on such parameters, periodicity and terms of reference as may be determined by the board20(5) the board shall, through an independent agency or group of experts, within a period of three years from the date of incorporation of the institute, and thereafter at least once every three years, evaluate and review the performance of the institutes, including its faculty, on the parameters of long term strategy and rolling plans of the institutes and such other parameters as the board may decide and the report of such review shall be placed in public domain25(6) the qualifications, experience and the manner of selection of the independent agency or group of experts, referred to in sub-section (5), shall be such as may be specified by regulations(7) the report of the evaluation and review under sub-section (5) shall be submitted by the board to the central government along with an action taken report thereon30(8) where in the opinion of the chairperson or the director the situation is so emergent that an immediate decision need to be taken in the interest of the institute, the chairperson, in consultation with the director may issue such orders as may be necessary, recording the grounds for his opinion:provided that such orders shall be submitted for ratification by the board in the next meeting35(9) the board shall in the exercise of its power and discharge of its functions underthis act, be accountable to the central government12 (1) save as otherwise provided in this section, the term of office of the chairperson or any other member of the board, other than an ex officio member, shall be four years from the date of his appointment or nomination:40provided that the term of office of a member nominated under clause (e) ofsub-section (2) of section 11 shall be two years from the date of his nomination:term of office of, vacancies among, and allowances payable to members of boardprovided further that the chairperson, or any other member of the board, other than an ex officio member, may be appointed or nominated for a second term:45provided also that the chairperson or any other member of the board, other than anex officio member, shall not be appointed or nominated for more than two consecutive terms(2) the term of office of an ex officio member shall continue so long as he holds theoffice by virtue of which he is a member of the board(3) a member of the board, other than a nominee of the central government or the state government, who fails to attend three consecutive meetings of the board without permission of the chairperson, shall cease to be a member of the board5(4) a casual vacancy of a member shall be filled up in accordance with the provisions of section 10(5) the term of office of a member nominated to fill a casual vacancy shall continue for the remainder of the term of the member in whose place he has been so nominated(6) members of the board shall be entitled to such allowances, as may be specified in the regulations, for attending meetings of the board10(7) the board shall meet at least once in every three monthsresignation ofchairperson13 the chairperson may, by notice in writing under his hand addressed to the board, resign from his officeacademic council14 (1) the academic council shall be the principal academic body of every institute,consisting of the following persons, namely:—15(a) director of the institute, who shall be the chairperson of the academiccouncil;(b) deans in charge of academics, research, student affairs and such otherfunctions of the institute;20(c) chairs of areas or programmes, heads or coordinators of faculties or schoolsor centres or departments, of the institute;(d) all full time faculty at the level of professors and such number of other fulltime faculty of the institute as may be determined by the board;25(e) such members, by invitation of the board on the recommendation of thedirector, who are eminent in the fields of industry, finance, management, public administration and academics(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(3) the term of office of a member nominated under clause (d) of sub-section (1) shall be two years from the date of his nomination3015 (1) the academic council shall perform the following functions, namely:—power and functions of academic council(a) to specify the criteria and process for admission to courses or programmes ofstudy offered by the institute;(b) to specify the academic content of programmes and courses of study andundertake modifications therein;35(c) to specify the academic calendar, guidelines for conduct of examination andrecommend grant of degrees, diplomas and other academic distinctions or titles (2) the academic council shall exercise such other powers and perform such otherfunctions as may be conferred upon it, by this act or the regulations or by the boarddirector4016 (1) the director shall be the chief executive officer of the institute and shallprovide leadership to the institute and be responsible for implementation of the decisions of the board(2) the director shall be appointed by the board, on such terms and conditions of service as may be prescribed45(3) the director shall be appointed out of the panel of names recommended by a search-cum-selection committee to be constituted by the board, consisting of:—(i) the chairperson of the board, who shall be the chairperson of the searchcum-selection committee;(ii) three members chosen from amongst eminent administrators, industrialists, educationists, scientists, technocrats and management specialists:5provided that where the board is not satisfied with the recommendations of thesearch-cum-selection committee, it may ask the search-cum-selection committee to make fresh recommendations(4) the director shall exercise the powers and perform the duties as may be assigned to him under this act or the regulations or as may be delegated to him by the board:10provided that the board may lay down the criteria to be followed by the director whileexercising powers and performing his duties, which shall be evaluated by the board annually, and if the board is of the opinion that such criteria has not been followed, then, the board may, after giving an opportunity of being heard to the director, initiate action for removal of such director under sub-section (7)15(5) the director shall, except on account of resignation or removal, hold office for aterm of five years, from the date on which he enters upon his office(6) the director may, by notice in writing under his hand addressed to the board, through the chairperson, resign his office at any time(7) the board may remove from office the director, who—20(a) has been adjudged as an insolvent; or (b) has been convicted of an offence which, in the opinion of the board, involvesmoral turpitude; or(c) has become physically or mentally incapable of acting as a director; or25(d) has acquired such financial or other interest as is likely to affect prejudiciallyhis functions as a director; or(e) has so abused his position or so conducted himself as to render hiscontinuance in office prejudicial to the public interest:30provided that the director shall not be removed from office except by an order made bythe board, after an enquiry instituted by it in which the director has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges(8) where the post of director is likely to fall vacant on account of completion of tenure, the board shall initiate the process of appointment nine months prior to the occurrence of such vacancy35(9) where the post of director falls vacant on account of any reason, the board mayappoint the senior most faculty in the institution as the director in charge till a regular director is appointed:provided that if the senior most faculty is not willing to hold the post of director incharge, then the next senior most willing faculty may be appointed as director in charge40initiation of inquiry17 (1) the board may initiate an inquiry as deemed proper against the institute whichhas not been functioning in accordance with the provisions and the objectives of the act:provided that such an inquiry shall be conducted by a retired high court judge45(2) the board may, based on the findings of such an inquiry, remove the director ortake any other action deemed fit, and the insitute shall be bound to comply with such directions within reasonable timecustodian of records, etc18 the board may designate any officer or officers of the institute as the custodianof records, common seal, funds of the institute and any other property of the instituterole of members of society19 the members of the societies referred to at serial numbers 2 and 3 undercolumn (3) of the schedule, may be engaged by the respective boards of corresponding institutes, for advisory assistance to it, by passing a resolution in that behalf520 (1) the board may, constitute such committees and other authorities of the instituteand specify the duties and functions of each such committees and authorities by regulationscommittees and other authorities(2) the board may constitute such ad hoc committees as it may deem fit, for propermanagement of affairs of the institute10 chapter iv accounts and auditgrants bycentral government1521 for the purpose of enabling the institutes to discharge their functions efficientlyunder this act, the central government may, after due appropriation made by parliament by law in this behalf, pay to every institute such sums of money in such manner as it may think fit22 (1) every institute shall maintain a fund to which shall be credited—fund of institute(a) all moneys provided by the central government;(b) all fees and other charges received by the institute;20(c) all moneys received by the institute by way of grants, gifts, donations,benefactions, bequests or transfers;(d) all moneys received by the institute from utilisation of intellectual propertyarising from research conducted or rendering advisory or consultancy services by it; and25(e) all moneys received by the institute in any other manner or from any othersource(2) all moneys credited to the fund of every institute shall be deposited in such banks or invested in such manner as may be laid down by the board by regulations3043 of 1961(3) each institute shall create a corpus fund for long term sustainability of the institute, to which shall be credited such per cent of the net income of the institute and donations made specifically towards such corpus fund as the central government may in accordance with the provisions of the income tax act, 1961, notify:provided that the board may also create endowment funds for specific purposes to which donations may be specifically made35(4) the fund of any institute shall be applied in such manner and for such purposes as may be specified by the regulationsaccounts and audit4023 (1) every institute shall maintain proper accounts including income and expenditurestatements, internal audit report and statement audited by internal auditor specifying investments and other relevant records and prepare annual statement of accounts including the balance sheet in such form and as per such accounting standard as may be specified by notification by the central government in consultation with the comptroller and auditor- general of india(2) where the statement of income and expenditure and the balance sheet of the institute do not comply with the accounting standards, the institute shall disclose in its statement of income and expenditure and balance sheet, the following, namely:—(a) the deviation from the accounting standards;45(b) the reasons for such deviation; and (c) the financial effect, if any, arising out of such deviation(3) the accounts of every institute shall be audited by the comptroller and auditor-general of india and any expenditure incurred by audit team in connection with such audit shall be payable by the institute to the comptroller and auditor-general of india5(4) the comptroller and auditor-general of india and any person appointed by him inconnection with the audit of the accounts of the institute shall have the same rights, privileges and authority in connection with such audit as the comptroller and auditor-general of india has in connection with the audit of the government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect the offices of the institute10(5) the accounts of every institute as certified by the comptroller and auditor-generalof india or any other person appointed by him in this behalf together with the audit report thereon shall be forwarded annually to the central government and that government shall cause the same to be laid before each house of parliament in accordance with such procedure as may be laid down by the central government1524 every institute shall keep proper updated books of account with respect to—books of account to be maintained by institute(a) all sums of money received and expended by it and the matters in respect ofwhich receipt and expenditure takes place;(b) the assets and liabilities of the institute; (c ) the properties, movable and immovable of the institute20explanation—for the purposes of this section, if books of account give a true andfair view of the state of affairs of the institute and its transactions, it shall be deemed as proper books of account with respect to the matters specified thereinappointment of auditors56 of 19712525 (1) the board of every institute shall, prior to the end of every financial year, andwithout prejudice to the provisions contained in the comptroller and auditor-general's (duties, powers and conditions of service) act, 1971 or any other law for the time being in force containing provisions for audit of accounts by the institutes, appoint such auditors including the internal auditor, on such remuneration as it thinks appropriate, to scrutinise the balance sheet and the statement of income and expenditure of such institute:provided that the board shall change the auditors after every four years30(2) the board of every institute shall constitute an audit committee to provide anexpert advice on effectiveness of internal control system, risk management and audit reportto the board35(3) the auditor appointed under sub-section (1) or any person employed by him shallnot have any direct or indirect interest, whether pecuniary or otherwise, in any matter concerning or related to the administration or functions of the instituteannual report of director26 (1) there shall be attached to every statement of accounts laid before the board of each institute under section 27, a report, by its director, with respect to—(a) the state of affairs of such institute;40(b) the amounts, if any, which it proposes to carry to any surplus reserves in itsbalance sheet;(c) the extent to which understatement or overstatement of any surplus of incomeover expenditure or any shortfall of expenditure over income has been indicated in the auditor's report and the reasons for such understatement or overstatement;45(d) the productivity of research projects undertaken by the institute measured inaccordance with such norms as may be specified by the board;(e) appointments of the officers and faculty members of the institute; (f) performance indicators and internal standards set by the institute, includingthe nature of innovations in teaching, research and application of knowledge(2) the report of the director shall also include a statement showing the names of the five officers including faculty members and other employees of the institute who received the highest remuneration (including allowances and other payments made to such employees) during the financial year and the contributions made by such employee during the financial year5(3) the statement referred to in sub-section (2) shall indicate whether any such employee is a relative of any member of the board or academic council of the institute and if so, the name of such member; and such other particulars as may be determined by the board10(4) the director shall also be bound to give the complete information and explanations in the report referred to in sub-section (1) on every reservation, qualification or adverse remark contained in the auditors' reportboard to considerstatement ofaccounts27 (1) the statement of accounts, including the balance sheet and the statement of incomeand expenditure, the auditor's report, the report of the director and other documents required to be annexed or attached with such statement, shall be brought before the board of concerned institute in its meeting not later than three months, from the conclusion of the financial year15(2) a copy of every statement of accounts referred to in sub-section (1) shall be sentto every member of the board not less than twenty-one days before the date of the meeting(3) the statement of accounts referred to in sub-section (1) shall on its approval by the board, be published on the website of the instituteannual report of institute2028 (1) the annual report of every institute shall be prepared under the directions ofthe board, which shall include, among other matters, steps taken by the institute towards the fulfilment of its objects and an outcome based assessment of the research being undertaken in such institute25explanation—for the purposes of this sub-section, the expression "outcome based assessment of research" shall mean an elaboration and analysis of the research conducted and the qualitative and quantitative outcomes of such research along with its impact factor and social outcomes(2) the annual report prepared under sub-section (1) shall be submitted to the board on or before such date as may be specified by the board who shall consider the report in its meeting30(3) the annual report on its approval by the board shall be published on the websiteof the institute(4) the annual report of each institute shall be submitted to the central government who shall, as soon as may be, cause the same to be laid before both houses of parliament35 chapter v coordination forum29 (1) with effect from such date as the central government may, by notification, specify in this behalf, there shall be established a coordination forum for all the institutesestablishment of coordination forum(2) the coordination forum shall consist of the following members, namely:—40(a) an eminent person to be seleted by a search-cum-selection committee as may be constituted by the coordination forum, as chairperson:provided that the coordination forum may select one of its members to act as the chairperson till the chairperson is appointed;45(b) the secretary to the government of india, in charge of the ministry or department of the central government having administrative control of management education, member—ex officio;(c) two secretaries in charge of management education of state governments in which the institutes are located, by rotation, each year, member—ex officio;(d) four chairpersons of institutes, to be nominated by the chairperson of the coordination forum, by rotation for two years;(e) the director of each institute, member—ex officio;5(f) five persons of eminence, of which at least one shall be a woman, in academia or public service, to be selected by a sub-committee constituted by the coordination forum (3) the term of office of a member referred to in clause (f) of sub-section (2) shall be three years from the date of his nomination(4) the non-official members of the coordination forum shall be entitled to such travelling and other allowances, as may be prescribed10(5) the director of the host institute where the meeting of the coordination forum takes place shall be the member secretary of the coordination forum and shall continue to be the member-secratary till a new host institute is selected30 (1) the coordination forum shall facilitate the sharing of experiences, ideas and concerns with a view to enhancing the performance of all institutes15functions of co-ordination forum(2) without prejudice to the provisions of sub-section (1), the coordination forum shall perform the following functions, namely:—20(a) recommend to the central government, the institution of scholarships including for research and for the benefit of students belonging to the scheduled castes, the scheduled tribes and other socially and educationally backward classes of citizens;(b) deliberate on such matters of common interest to institutes as may be referred to it by any institute;25(c) promote necessary coordination and co-operation in the working of the institutes;(d) review the achievement of policy objectives; and (e) perform such other functions as may be referred to it by the central government30(3) the coordination forum may constitute such committees as it may consider necessary for carrying out its functions under this section(4) the chairperson of the coordination forum shall ordinarily preside at the meetings of the coordination forum and in his absence, any other member chosen by the members present amongst themselves at the meeting, shall preside at the meeting35(5) the coordination forum shall submit a report on its functions under sub-section (2)to the central government(6) the coordination forum shall meet at least once in a calendar year (7) at each meeting of the coordination forum, the host institute, which would host the next meeting, shall be selected:provided that no institute shall host the meeting for more than two consecutive years40 chapter vi miscellaneous31 no act of any institute or the board or the academic council or any other body set-up under this act or the regulations, shall be invalid merely by reason of—(a) any vacancy or defect in the constitution thereof; or45(b) any irregularity in its procedure not affecting the merits of the case; oracts and proceedings not to be invalidated by vacancies, etc(c) any defect in the selection, nomination or appointment of a person acting as a member thereofreturns and information to be provided to central government32 every institute shall furnish to the central government such returns or other information with respect to its policies or activities as the central government may, for the purpose of reporting to the parliament or for the making of policy, from time to time, require22 of 2005533 (1) the provisions of the right to information act, 2005 shall apply to each institute, including institutes established in public-private partnership, as if it were a public authority established by notification issued or order made under clause (h) of section 2 of the right to information act, 2005institute to be public authority under right to information act10 15(2) a copy of every notification proposed to be issued or order to be made under the act referred to in sub-section (1), shall be laid in draft before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in disapproving the issue of the notification or order or both houses agree in making any modification in the notification or order, the notification or order shall not be issued or made, as the case may be, shall be issued or made only in such modified form as may be agreed upon by both the houses34 (1) the central government may, by notification, make rules, for carrying out the provisions of this actpower of central government to make rules20(2) in particular, and without prejudice to the generality of the foregoing power, suchrules may provide for all or any of the following matters, namely:—(a) such other powers and duties of the board under clause (w) of sub-section (2)of section 11;(b) the term and conditions of service of the director under sub-section (2) ofsection 16;25(c) the travelling and such other allowances payable to the members of the coordinationforum for attending its meetings or its committees under sub-section (4) of section 29;(d) any other matter which is to be or may be, prescribed or in respect of whichprovision is to be made by the central government by rulesregulations how made3035 (1) the board may, by notification, make regulations not inconsistent with this actand the rules made thereunder to carry out the provisions of this act(2) in particular and without prejudice to the generality of the foregoing power, suchregulations may provide for all or any of the following matters, namely:—(a) tenure, remuneration and terms and conditions of employees of existinginstitute under clause (d) of section 5;35(b) admission of candidates to the various courses of study under clause (b) ofsection 7;(c) the manner of nominating the members from the faculty of respective institutesunder clause (e) of sub-section (2) of section 10;40(d) the conferment of honorary degrees under clause (g) of sub-section (2) ofsection 11;(e) the number of posts, emoluments and the duties and conditions of service ofthe academic, administrative, technical and other staff under clause (j) of sub-section (2)of section 11;45(f) determine performance objectives on the basis of which variable pay may bepaid to the director under clause (i) of sub-section (2) of section 11;(g) to specify by regulations, the fees to be charged for course of study andexaminations in the institute under clause (m) of sub-section (2) of section 11;(h) the manner of formation of departments of teaching under clause (n) of sub-section (2) of section 11;(i) the institution of fellowships, scholarships, exhibitions, medals and prizes under clause (o) of sub-section (2) of section 11;5(j) the qualifications, classification, terms of office and method of appointmentof the academic, administrative, technical and other staff of the institute under clause (p) of sub-section (2) of section 11;(k) the constitution of pension, insurance and provident funds for the benefit of theacademic, administrative, technical and other staff under clause (q ) of sub-section (2) of section 11;10(l) the establishment and maintenance of buildings under clause (r) ofsub-section (2) of section 11;15(m) the conditions of residence of students of the institute and levying of feesfor residence in the halls and hostels and of other charges under clause (s) ofsub-section (2) of section 11;(n) the manner of authentication of the orders and decisions of the board underclause (t) of sub-section (2) of section 11;20(o) the meetings of the board, the academic council or any committee, thequorum at such meetings and the procedure to be followed in the conduct of their business under clause (u) of sub-section (2) of section 11;(p) the financial accountability of the institute under clause (v) of sub-section (2)of section 11;(q) delegate such powers and functions of the board to the director undersub-section (3) of section 11;25(r) the qualifications, experience and the manner of selection of the independentagency or group of experts under sub-section (5) of section 11;(s) allowances of the members of the board for attending meetings undersub-section (6) of section 12;30(t) such other powers and functions of the academic council under sub-section (2)of section 15;(u) the powers and duties of the director under sub-section (4) of section 16;(v) constitution of such committees and other authorities of the institute andtheir duties and functions under sub-section (1) of section 20;(w) the manner of depositing or investing the moneys credited to the fund ofevery institute under sub-section (2) of section 21;35(x) the manner of application of the fund of the institute under sub-section (4)of section 21; and(y) any other matter which is to be or may be, specified by regulationsordinances how made4036 (1) save as otherwise provided in this section, ordinance shall be made by the academic council(2) subject to the provisions of this act and the rules and regulations made thereunder, the ordinances of every institute may provide for all or any of the following matters, namely:—(a) the admission of students to the institute;(b) the courses of study to be laid down for all degrees and diplomas of theinstitute;(c) the conditions under which students shall be admitted to the degree ordiploma courses and to the examinations of the institute, and shall be eligible for degrees and diplomas;5(d) the conditions of award of the fellowships, scholarships, exhibitions, medalsand prizes;(e) the conditions and model of appointment and duties of examining bodies,examiners and moderators;10(f) the conduct of examinations; (g) the maintenance of discipline among the students of the institute; and (h) any other matter which is to be or may be provided for by the ordinances(3) all ordinances made by the academic council shall have effect from such date as it may direct, but every ordinance so made shall be submitted, as soon as may be, to the board and shall be considered by the board at its next meeting15(4) 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 be20rules and regulations to be laid before parliament2537 every rule made by the central government and the first regulation made by theboard 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 shall 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 regulation30power toremovedifficulties38 (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 it to be necessary or expedient for removing the difficulty:provided that no such order shall be made under this section after the expiry of theperiod of three years from the date of commencement of this act35(2) every order made under this section shall, as soon as may be after it is made, be laid before each house of parliament39 (1) notwithstanding anything contained in this act:—transitional provisions40(a) the board of every institute functioning as such immediately before thecommencement of this act shall continue to so function until a new board is constitutedfor 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;45(b) every academic council or faculty council, as the case may be, constitutedin relation to every institute before the commencement of this act shall be deemed to be the academic council constituted under this act until an academic council is constituted under this act for that institute, but on the constitution of the new academic council under this act, the members of the academic council or faculty council, as the case may be, holding office before such constitution shall cease to hold office;(c) until the first regulations are made under this act, the rules, and bye-laws of each institute as in force, immediately before the commencement of this act shall continue to apply to the institute in so far as they are not inconsistent with the provisions of this act5(2) the central government may, without prejudice to the provisions of this act, if itconsiders so necessary and expedient, by notification, take such measures, which may be necessary for the smooth transfer of the existing institute to the corresponding institute the schedule [see section 4(1)]| sl | name of | name of the existing institute | location | name of institute ||---------------------------------------------|-----------------------|----------------------------------|-------------------------------------|---------------------|| no the state | incorporated under | | | || this act | | | | || (1) | (2) | ( 3 ) | (4) | (5) || 1 | west bengal | indian institute of management, | kolkata | indian institute of || calcutta, a society registered under | management kolkata | | | || the societies registration act, 1860 | | | | || (21 of 1860) | | | | || 2 | gujarat | indian institute of management | ahmedabad | indian institute of || ahmedabad, a society registered | management | | | || under the societies registration | ahmedabad | | | || act, 1860 (21 of 1860) | | | | || 3 | karnataka | indian institute of management | bengaluru | indian institute of || bangalore, a society registered | management bangalore | | | || under the mysore societies' | | | | || registration act, 1960 | | | | || (17 of 1960) | | | | || 4 | uttar pradesh | indian institute of management | lucknow | indian institute of || lucknow, a society registered under | management lucknow | | | || the societies registration act, 1860 | | | | || (21 of 1860) | | | | || 5 | madhya pradesh | indian institute of management | indore | indian institute of || indore, a society registered under | management indore | | | || the madhya pradesh societies | | | | || registration act, 1973 | | | | || (44 of 1973) | | | | || 6 | kerala | indian institute of management | kozhikode | indian institute of || kozhikode, a society registered under | management | | | || the societies registration act, 1860 | kozhikode | | | || (21 of 1860) | | | | || 7 | meghalaya | rajiv gandhi indian institute of | shillong | indian institute of || management shillong, a society | management shillong | | | || registered under the societies | | | | || registration act, 1860 (21 of 1860) | | | | || 8 | haryana | indian institute of management | rohtak | indian institute of || rohtak, a society registered under | management rohtak | | | || the societies registration act, 1860 | | | | || (21 of 1860) | | | | || 9 | jharkhand | indian institute of management | ranchi | indian institute of || ranchi, a society registered under | management ranchi | | | || the societies registration act, 1860 | | | | || (21 of 1860) | | | | || 10 | chhattisgarh | indian institute of management | raipur | indian institute of || raipur, a society registered under | management raipur | | | || the societies registration act, 1860 | | | | || (21 of 1860) | | | | || 11 | tamil nadu | indian institute of management | tiruchirappalli indian institute of | || tiruchirappalli, a society registered | management | | | || under the tamil nadu societies registration | tiruchirappalli | | | || act, 1975 | | | | || (1) | (2) | ( 3 ) | (4) | (5) ||------------------------------------------|------------------------------------------|------------------------------------------|---------------|---------------------|| 12 | uttarakhand | indian institute of management, | kashipur | indian institute of || kashipur, a society registered under | management, kashipur | | | || the societies registration act, 1860 | | | | || (21 of 1860) | | | | || 13 | rajasthan | indian institute of management, | udaipur | indian institute of || udaipur, a society registered under | management, udaipur | | | || the societies registration act, 1860 | | | | || (21 of 1860) | | | | || 14 | punjab | indian institute of mangement | amritsar | indian institute of || amritsar, a society resigtered under the | management, | | | || societies registration act, 1860 | amritsar | | | || (21 of 1860) | | | | || 15 | himachal | indian institute of management sirmaur, | sirmaur | indian institute of || pradesh | a society registered under the societies | management, | | || hp | registration act, 1860 (21 of 1860) | sirmaur | | || 16 | odisha | indian institute of management, | sambalpur | indian institute of || sambalpur, a society registered under | management, | | | || the societies registration act, 1860 | sambalpur | | | || (21 of 1860) | | | | || 17 | andhra | indian institute of management, | visakhapatnam | indian institute of || pradesh | vishakhapatnm, a society registered | management, | | || under the societies registration act, | visakhapatnam | | | || 1860 (21 of 1860) | | | | || 18 | maharashtra | indian institute of management, nagpur, | nagpur | indian institute of || a society registered under the societies | management, | | | || registration act, 1860 (21 of 1860) | nagpur | | | || 19 | bihar | indian institute of management, bodh | bodhgaya | indian institute of || gaya, a society registered under the | management, | | | || societies registration act, 1860 | bodhgaya | | | || (21 of 1860) | | | | || 20 | jammu and | indian institute of management, jammu, a | jammu | indian institute of || kashmir | society registered under the jammu and | management jammu | | || kashmir societies registration act, | | | | || of 1998 (vi of 1998) | | | | | statement of objects and reasonsin 1961, the government of india, decided to establish two indian institutes of management (iims), one in calcutta and other in ahmedabad, which were industrial, research and commercial hubs of the country these specialised institutions were envisaged to be outside the university system for greater flexibility and autonomy and for increasing the pace of management training and education in india thereafter, iims were established at bangalore in 1973, iim lucknow in 1984, iim indore in 1996 and iim kozhikode in 1997 in the 11th plan, seven new iims at shillong (2008), ranchi (2010), rohtak (2010), raipur (2010), kashipur (2011), tiruchirapalli (2011) and udaipur (2011) were established five new iims were established in amritsar, bodhgaya, nagpur, sambalpur and sirmaur and another iim at visakhapatnam was established as part of the andhra pradesh reorganisation act, 2014 the twentieth iim at jammu was announced in the budget proposal of 2015-16 the six new iims started functioning from the academic session 2015-16 and iim jammu started its academic session from 2016-17 from their transit campuses2 iims provide post-graduate, doctoral, post-doctoral and research education in the field of management and allied areas of knowledge being registered under the societies act, iims award to their students post-graduate diploma in management and fellow programme in management and are not entitled to use the nomenclature of master of business administration (mba) or phd degree as issued by an university or institution of national importance3 while, the post-graduate diploma in management programme (equivalent to mba)was relatively unaffected by the absence of a formal degree, the fellow programme in management (equivalent to phd), without the formal degree nomenclature, has not been able to attract enough students required to develop a strong research base in the country in the field of management education and also address the faculty shortages affecting the management institutions in the country iims having grown into institutions of global repute, it was felt that they may be enabled to award degree to their students, through an act of parliament, which would declare them as institutes of national importance4 in view of the above, it becomes necessary to have a central legislation, namely the indian institutes of management act, 2017 in the larger interest of students the degreegranting power to iims will not only enhance the universal acceptability of degrees being awarded by these premier institutions, but also empower these institutions to attain standards of global excellence, especially in management research5 the indian institutes of management bill, 2017 inter alia provides for the following, namely:(a) with the commencement of this act, all existing institutes will become a body corporate by the existing names;(b) every institute shall be open to all persons irrespective of sex, race, creed, caste or class, and no test or condition shall be imposed as to religious belief or profession in admitting or appointing members, students, teachers or workers or in any other connection whatsoever;(c) admission to every academic course or programme of study in each institute shall be based on merit assessed through transparent and reasonable criteria however, reservation in admissions will be provided as per central educational institutions (reservation in admission) act, 2006;(d) every institute shall exercise powers and functions like conducting courses of study, training and research in management and allied subjects, publication, consultancy, advisory work to advance new knowledge and innovation and to provide global leadership in management theory and practice, conduct examinations and award degrees, institute and award fellowships, scholarships, prizes and medals, establish and maintain infrastructure etc, and also do all such things and activities, incidental to the attainment of the objects of the institute;(e) the director shall be appointed by the board, out of the panel of names recommended by a search-cum-selection committee to be constituted by the board;(f) there shall be the board of governors as the principal executive body of each institute the composition , powers and functions of the board have been enumerated in clauses 10 and 11 of the bill respectively the board will be responsible for the general superintendence, direction and control of the affairs of the institute the powers shall be exercised by the board as per regulations framed by the board of governors;(g) there shall be an academic council which will be the principal academic body of each institute and will exercise its powers as per clause 15 of the bill;(h) the director will be the chief executive officer of the institute and shall provide leadership to the institute, exercise powers and perform the duties as may be assigned to him under this act or the regulations or as may be delegated to him by the board and be responsible for implementation of the decisions of the board his powers and functions have inter alia been enumerated in clause 16 of the bill;(i) there shall be a co-ordination forum which shall be established with an eminent person as its chairman to be selected by a search-cum-selection committee constituted by the coordination forum to consider matters of common interest to these institutes and facilitate the coordination amongst various institutes, sharing of experiences, ideas and concerns with a view to enhancing the performance of all institutes;(j) the board of every institute shall evaluate and review the performance of the institute within the first three years of establishment and thereafter at least once in every three years the evaluation and review report of the board shall be placed in public domain(k) the institutes will receive grants in aid, if required every institute shall maintain proper accounts and records, which are to be audited by the comptroller and auditor-general of india6 the bill seeks to provide the twenty existing iims independent statutory status with uniform governance structure and policy framework as also to declare them as institutions of national importance and to enable them to grant degrees to their students in the academic courses conducted by these institutes7 the notes on clauses explain in detail the various provisions contained in the indian institutes of management bill, 20178 the bill seeks to achieve the above objectivesnew delhi; prakash javdekarthe 25th january, 2017 notes on clausesclause 1––this clause relates to short title and commencement of the proposed legislationclause 2––this clause seeks to declare the twenty indian institutes of management as institutions of national importanceclause 3––this clause contains the definitions of the various expressions used in the proposed legislationclause 4––this clause provides for incorporation of the twenty indian institutes of management under the proposed billclause 5––this clause enumerates the effects of incorporation of the twenty indian institutes of managementclause 6––this clause declares the objects of the twenty indian institutes of management to educate and support leaders who can contribute as managers, entrepreneurs, and stewards of existing and emerging enterprises in the private, public, and social sectors: to provide management education of high quality and to promote allied area, areas of knowledge as well as interdisciplinary studies; to support and develop programmes promoting social and gender equity and to set up centres for management studies and allied areasclause 7––this clause enumerates the powers and functions of the twenty indian institutes of management which includes power to grant degrees, diplomas and other academic distinctions or titles and to institute and award fellowships, scholarships, prizes and medals, honorary awards and other distinctions; to create academic, administrative, technical, ministerial and other posts under the institute other than the director of the institute and make appointments theretoclause 8––this clause provides that the institutes shall be open to all persons irrespective of sex race, creed, caste or class, and no test or condition shall be imposed as to religious belief or profession in admitting or appointing members, students, teachers or workers or in any other connection whatsoever it also provides for every institute to make special provisions for the employment or admission of women, persons with disabilities or persons belonging to any socially or educationally backward classes of citizens, particularly the scheduled castes and scheduled tribesclause 9––this clause provides that every institute shall be a not-for-profit legal entity and no part of the surplus, if any, in revenue of such institute, after meeting all expenditure in regard to its operations under this bill, shall be invested for any purpose other than for the growth and development of such institute or for conducting research therein the institute shall also strive to raise funds for attaining self sufficiency and sustainabilityclause 10––this clause provides for the constitution of the board of governors of every institute as the principal executive body of that institute it also provides for the manner of appointment of the chairperson, by the board, who shall be an eminent person distinguished in the field of industry or education or science or technology or management or public administrationclause 11––this clause enumerates the powers and functions of the board of governors of the institutes which includes general superintendence, direction and control of the affairs of the institute and the power to frame or amend or modify or rescind the regulations governing the affairs of the institute to achieve the objects of the institute the functions of the board also include an annual review of the performance of the director, in the context of the achievements of objects of the instituteclause 12––this clause provides for terms of office of, vacancies among, and allowances payable to members of the board of governorsclause 13––this clause provides that the chairperson may, by notice in writing under his hand addressed to the board, resign from his officeclause 14––this clause provides for the constitution of the academic council of the institutes which shall be chaired by the director of the instituteclause 15––this clause enumerates the powers and functions of the academic council of the institute which include to specify the criteria and process for admission to courses or programmes of study offered by the institute, to specify the academic content of programmes and courses of study and undertake modifications therein, to specify the academic calendar, guidelines for conduct of examination and recommend grant of degrees, diplomas and other academic distinctions or titles etcclause 16––this clause provides in respect of the director, who shall be the chief executive officer of the institute, the process of appointment, term of office, and manner of removal etcclause 17––this clause provides that an enquiry may be initiated against the institute which has not been functioning as per the provisions and objectives of the act, the manner of such enquiry and actions that may be taken on findings of such an enquiryclause 18––this clause provides for designation of an officer as custodian of records, common seal and funds of the institute and any other property, by the boardclause 19––this clause provides that the members of the societies of the indian institute of management ahmedabad and indian institute of management bangalore may be engaged by the respective board of governors of corresponding institutes, for advisory assistance to it, by passing a resolution in that behalfclause 20––this clause provides that the board may constitute such committees and other authorities of the institute and specify the duties and functions of each such committees and authorities by regulationsclause 21––this clause provides that the central government may, after due appropriation made by parliament by law in this behalf, pay to every institute such sums of money in such manner as it may think fitclause 22––this clause provides for maintenance of the fund of the institute this clause also provides for creation of a corpus fund by each institute for long term sustainability of the institute, to which shall be credited such per cent of the net income of the institute and donations made specifically towards such corpus fund as the central government may in accordance with the provisions of the income tax act ,1961, notifyclause 23––this clause provides for maintenance of proper accounts of the institutes and conduct of audit by the comptroller and auditor general of india this clause also provides that the accounts of every institute together with the audit report thereon shall be forwarded annually to the central government and that government shall cause the same to be laid before each house of parliamentclause 24––this clause provides that every institute shall keep proper updated books of account with respect to all sums of money received and expended by it and the matters in respect of which receipt and expenditure takes place, the assets and liabilities of the institute, and the properties, movable and immovable of the instituteclause 25––this clause provides for appointment of auditors including internal auditors which shall be changed by the board after every four years clause 26––this clause provides for submission of the annual report of the director to the board of governors along with the statement of accounts to reflect the state of affairs of the instituteclause 27––this clause provides that the statement of accounts, including the balance sheet and the statement of income and expenditure, the auditor's report, the report of the director and other documents required to be annexed or attached with such statement, shall be brought before the board of governors of the institute in its meeting not later than three months, from the conclusion of the financial year the statement of accounts shall on its approval by the board, be published on the website of the instituteclause 28––this clause provides that the annual report of every institute shall be prepared under the directions of the board, which shall include, among other matters, steps taken by the institute towards the fulfillment of its objects and an outcome based assessment of the research being undertaken in such institute the annual report on its approval by the board shall be published on the website of the institute the annual report of each institute shall be submitted to the central government who shall, as soon as may be, cause the same to be laid before both houses of parliamentclause 29––this clause provides for establishment of a co-ordination forum for all the institutes, chaired by an eminent person to be selected by a search-cum-selection- committee as may be constituted by the co-ordination forumclause 30––this clause enumerates the functions of the co-ordination forum which includes facilitating the sharing of experiences, ideas and concerns with a view to enhancing the performance of all institutes, to recommend to the central government it provides for the chairperson of the co-ordination forum to preside at the meetings of the co-ordination forum it also provides for the co-ordination forum to meet at least once in a calendar year clause 31––this clause provides that no act of any institute or the board or the academic council or any other body set up under this act or the regulations, shall be invalid merely by reason of any vacancy or defect in the constitution thereof or any irregularity in its procedure not affecting the merits of the case or any defect in the selection, nomination or appointment of a person acting as a member thereofclause 32––this clause provides for furnishing of information and returns by the institutes to the central governmentclause 33––this clause provides for applicability of the provisions of the right to information act, 2005 to each institute, including institutes established in public-private partnership, as if it were a public authority defined in clause (h) of section 2 of the right to information act, 2005clause 34––this clause empowers the central government to make rules for carrying out the provisions of this actclause 35––this clause provides for the manner in which, and subjects on which the board shall make regulations under this actclause 36––this clause provides for the manner in which and the subjects on which the ordinance shall be made by the academic council of the instituteclause 37––this clause provides that every rule made by the central government and first regulation made by the board under this bill shall be laid as soon as may be after it is made, before each house of parliamentclause 38––this clause empowers the central government to remove any difficulty that may arise in giving effect to the provisions of the bill within a period of three years of commencement of the actclause 39––this clause provides for transitional provisions with respect to the board, academic council or facility council, etc this clause also provides that until the first regulations are made under this bill, the rules, and byelaws of each institute as in force, immediately before the commencement of this bill, shall continue to apply to the institute in so far as they are not inconsistent with the provisions of this bill and further that the central government may, without prejudice to the provisions of this bill, if it considers so necessary and expedient, by notification financial memorandumthe indian institutes of management bill, 2017 proposes to declare the existing twenty indian institutes of management as institutes of national importance the said institutes are at present given budgetary support for their establishment or construction initially till they become self sufficient, which will continue to be given to them after they will be declared as institute of national importance under this act however, there is no additional financial implication on account of this bill as it only proposes to declare them as institutes of national importance for the purpose of conferring degree granting powers and to provide for complete autonomy to the institutions, combined with adequate accountability memorandum regarding delegated legislationsub-clause (1) of clause 34 of the indian institute of management bill, 2017 empowers the central government to make rules for carrying out the provisions of the proposed legislation2 sub-clause (2) of the said clause provides that such rules are for the matters relating to (a) such other powers and duties of the board under clause (w) of sub-section (2) of section 11; (b) the term and conditions of service of the director under sub-section (2) of section 16; (c) the traveling and such other allowances payable to the members of the coordination forum for attending its meetings or its committees under sub-section (4) of section 29; and (d) any other matter which is to be or may be, prescribed or in respect of which provision is to be made by the central government by rules3 clause 35 (1) empowers the board to make regulations not inconsistent with the act and the rules made thereunder to carry out the provisions of the proposed legislation4 sub-clause (2) of the said clause provides that such regulation may for the matters, inter alia, relating to (a) tenure, remuneration and terms and conditions of employees of existing institute under clause (d) of section 5; (b) admission of candidates to the various courses of study under clause (b) of section 7; (c) the manner of nominating the members from the faculty of respective institutes under clause (e) of sub-section (2) of section 10; (d)the conferment of honorary degrees under clause (g) of sub-section (2) of section 11; (e) the qualifications, experience and the manner of selection of the independent agency or group of experts under sub-section (5) of section 11; (f) allowances of the members of the board for attending meetings under sub-section (6) of section 12; (g) such other powers and functions of the academic council under sub-section (2) of section 15; (h) the powers and duties of the director under sub-section (4) of section 16; (i) constitution of such committees and other authorities of the institute and their duties and functions under sub-section (1) of section 20; (j) the manner of depositing or investing the moneys credited to the fund of every institute under sub-section (w) of section 22; (k) the manner of application of the fund of the institute under sub-section (4) of section 22; and (l) any other matter which is to be or may be, specified by regulations5 the matters in respect of which the rules and regulations may be made under the aforesaid provisions 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 declare certain institutes of management to be institutions of national importance with aview to empower these institutions to attain standards of global excellence in management, management research and allied areas of knowledge and to provide for certain other matters connected therewith or incidental thereto————(shri prakash javdekar, minister of human resource development)gmgipmrnd—4411ls(s3)—03022017 | Parliament_bills | 51915c45-f800-5f23-a280-c3561ee4bfa2 |
bill no lxvi of 2010 the acts of parliament (application to nagaland) bill, 2010 a billto provide for procedure for effectuating article 371 a (1)(a) of the constitution of india in relation to the state of nagalandbe it enacted by parliament in the sixty-first year of the republic of india as follows:—short title and commencment1 (1) this act may be called the acts of parliament (application to nagaland) act,2010(2) it shall come into force at once 2 in this act, unless the context otherwise requires,—definitions(a) "act means an act made by parliament in exercise of its ordinary andconstituent powers of legislation and includes an ordinance promulgated by the president of india under article 123 of the constitution of india;(b) "committee" means the joint government's committee constituted undersection 4 of this act;(c) "government of nagaland" means the governor of nagaland acting on theaid and advice of the council of ministers of nagaland; and(d) "report" means a report of the joint governments' committeedeclaration to be contained in all acts3 all acts enacted hereafter, shall contain a declaration that such acts shall apply tothe state of nagaland subject to article 371a(1)(a) of the constitution of india read with this act5joint governments' committee4 all acts enacted hereafter, shall, within sixty days of their enactment, be referred toa joint governments' committee comprising such number of ministers and officers both from the union government and the government of nagaland, as may be determind, by notification, by the union government in consultation with the government of nagaland:provided that the representatives of the government of nagaland to the committeeshall be nominated by the government of nagaland10report of the joint government's committee5 the joint governments' committee shall examine the question whether an act, soreferred, requires a resolution of the legislative assembly of nagaland for applying its provisions, partly or fully, to the state of nagaland or not, and present a report in that behalf concurrently to the union government and the government of nagaland within sixty days of reference of the act to the committee15actions onreport6 (1) if the report recommends that a resolution of the legislative assembly of nagalandis required for application of the act to the state of nagaland, then the necessary resolution shall be passed by the legislative assembly within sixty days of the receipt of the report by the government of nagaland and,—20(i) upon passing of the resolution, the act shall be deemed to have applied to thestate of nagaland from the date of its enactment;(ii) upon failure to pass a resolution or failure of a resolution to be carried whenmoved in the legislative assembly within the aforesaid period, the act shall be deemed to have applied to the state of nagaland from the date on whether the said period of sixty days expires25(2) if the report recommends that a resolution of the legislative assembly of nagalandis not required for application of an act to the state of nagaland, then the act shall apply to the state of nagaland at the expiration of sixty days from the date of receipt of the report by the government of nagaland:30provided that the report may be referred back to the joint governments' committee forfurther examination by a resolution of the legislative assembly of nagaland passed within sixty days from the date of receipt of the report by the government of nagaland:provided further that the resolution of the legislative assembly so passed shallenumerate the disputed points on which the act is referred back to the committee35action onreconsidered report7 (1) a report referred back to the committee by a resolution of the legislativeassembly of nagaland, shall be reconsidered by the committee in the light of points enumerated in the resolution within sixty days of receipt of the resolution(2) if the revised report recommends that a resolution of the legislative assembly of nagaland is required for application of the act to the state of nagaland, then the procedure outlined in section 6(1) shall be followed4045(3) if the revised report recommends that a resolution of the legislative assembly of nagaland is not required for application of the act to the state of nagaland, then the act shall apply to the state of nagaland at the expiration of sixty days from the date of receipt of the revised report by the government of nagaland, unless the legislative assembly of nagaland passes a resolution before the expiration of the said period, directing that the act shall not apply to the state of nagaland and upon passing of such a resolution, the act shall not apply to the state of nagaland at any point of time statement of objects and reasonsarticle 371a(1)(a) of the constitution of india accords nagaland a special place in regard to application of acts of parliament to the state2 ever since the creation of the state on the 1st december, 1963, neither the state government nor the union government had paid due attention to the working of that special provision in relation to nagaland3 this bill seeks to lay down a procedure for putting into effect article 371a(1)(a) in relation to the state of nagalandhence this billkhekiho zhimomi memorandum regarding delegated legislationsection 4 of the bill gives power to the central government to issue notification naming the ministers and officers who would constitute the joint governments' committee for carrying out the purposes of this bill the notification will relate to matters of details only the delegation of legislative power is of normal character———— a billto provide for procedure for effectuating article 371a(1)(a) of the constitution of india in relation to the state of nagaland————(shri khekiho zhimomi, mp)gmgipmrnd—6670rs(s3)—28-02-2011 | Parliament_bills | a9ecb02c-60ec-5d58-a6c5-fdf76e370b6f |
bill no 77 of 19 th~= aligarh muslim university (amendment) bill,i98o a billfurther to amend the aligarh muslim university act, 1920 be it enacted by parliament in the thirty-first year of the republic of india as follows:-1 this act may be called the aligarh muslim university short (amendment) act, 1980 title 40 of 11 s z in section 2 of the aligarh muslim university act, 1920, for clause amend-(l), the following clause shall be substituted, namely: -ment of section 2 '(1) "university" means the educational institution of their choice established by the muslims of india which originated as the muhammadan anglo-qriental college, aligarh, and which was subsequently incorporated as the aligal'h muslim university' statement of objects and reasonsthe aligarh muslim university act, 1920, was enacted to establish and incorporate a teaching and residential muslim university at aligarh, to dissolve the societies known as the muhammadan anglo-orienta] college, aligarh, and the muslim university association, and to transfer to and vest in, the said university all properties and rights of the said societies and of the muslim university foundation committee it is proposed to amend the definition of "university" as contained in the act to bring out expressly that the university is the educational institution of' their choice established by the muslims of india which originated as the muhammadan anglo-oriental college, aligarh, and which was subsequently incorporated as the aligarh muslim university 2 the bill seeks to achieve the above object new dflhi; the 26th march, 1980 b shankaranand annexure extract from the aligarh muslim university act, 1920(40 of 1920) - - - 2 in this act and in all statutes made hereunder, unless the context de1iotherwise requires,-nitions - - - - - (l) "university" means the aligarh mus1im university - - - - - a billfurther to amend the aligal'h muslim university act, 1920 (shri b shankaranand, minister of education) | Parliament_bills | ff11b7f5-20c9-5d3d-bcd1-86b8fc879ab6 |
lor~ sabraccrutlli:&~da to trie jjjpfdfriati01 bill, 1980 l-to be/as introduced in 10k sabha i page 4, -against vote no oh1, in column 3, under the sub-head "total",-( i) fur "7,00,00" rn&l "7,00,000" (11) for "10,44,j'o,oo"_read "10,44,00,000'1 new delhi; january 28 1 g80 magh 1 8, 1901 ( saka) bill no zz of 1180 the appropriation bill, 1980 a billto authorise payment and appropriation of certain furthe?' sums frcnn and out of the consolidated fund of india for the services of the financial 'year 1979-80 be it enacted by parliament in the thirty-first year of the republic of india a's follows:-1 this act may be called the appropriation act, 1980 short title 2 from and out of the consolidated fund of indda there may be paid s and applied sums not exceeding those specified in column 3 of the schedule amounting in the aggregate to the sum ot two thouaand one hundred forty-four crores, thirty-iive lakhs and seventy-tlve thousand rupees towards defraying the several charges which will come in course of payment during the financial year 19'79-80, in respect of the services 10 ~itled in column 2 of the schedule issue of rs 2144, 3575,000 out of the conso lidated fund of india for the year 1979-80 appro~ priation 3, the sums authorised to be pait and applied from and out of the consolidated fund of india by thia ad hall be appropriated fw til_ services and purpohs expr88led in the ~hedule in relation to the aaiq year | services | nd | purpoiies ||--------------------------------|-----------|--------------|| s~lnotcx~nl | | || no | | || 0 | | || 5 | | || vate | | || f | | || total | | || ~ | | || voted | by' | || cbaraed | | || 011 | | || parliament | | || the | | || 0eaielicfa | | || | fiidd | || rs | | || lb | | || r | •• | || 10 | | || 2 | | || ~2"'1000 | | || r | | || 9900f000 | | || a,riculture | | || r"mlle | | || 5~glooo | | || 40800 | | || capital | | || 115 | | || 2•2 | | || 4 | | || cio | | || - | | || fiivo | | || 24,"6 | | || animal huabaadry | | || and | | || dairy | | || develop· | | || 2659,6,000 | | || ment | | || revenue | | || 116,593 | | || 6 | | || 000 | | || 15 | | || 6 | | || 37,35,06000 | | || 2000 | | || department ocfood | | || rcvooue | | || 3735,06,000 | | || | | || capital | | || 11,000 | | || | | || 7 | | || 180,00,00,000 | | || 8750,000 | | || department | of | rural || neelopmen | | || t | | || rcycnue | | || 180,00,00,000 | | || | | || capital | | || | | || i1,so,ooo | | || 20 | | || 8 | | || 14,03,000 | | || 1,97,000 | | || department | of' | || alri | | || cultural | research | || and | bducation | || revenue | | || 24,03,000 | | || | | || capital | | || 1,97,000 | | || " | | || 1,000 | | || 10 | | || 25 | | || drpartmentofirrila· | | || tion | | || revenue | | || 1,000 | | || | | || 11 | | || 739,000 | | || liiniltry | | || of | | || commerce | | || civil supplies | | || and | | || cchiperatior' | | || reyerue | | || 7,39,000 | | || | | || 30 | | || hi | | || 26,81,~ooo | | || i,odo | | || foreip | trade | aad || 26,8185,000 | | || esport | | || productior | | || reveoue | | || | | || capital | | || 1,000 | | || | | || 13 | | || m5 | | || 06 | | || ,ooo | | || civil | sllppuea | || and | | || co-operation | | || revenue | | || "'5,06,000 | | || | | || 15 | | || 1,71,00,000 | | || ove~s | | || communi | | || catiglli service | | || clapital | | || i | | || ,71,00,000 | | || 35 | | || lti | | || i | | || 1,63,00,000 | | || posu | and | telearaphs || 11,63,00,000 | | || - | workin, | || expen | | r( || venue | | || | | || 18 | | || capital | | || outlay | | || on | | || poslland | telqraphs | capital || 1,000 | | || r | | || 1,000 | | || 60,7334,000 | | || qo | | || t4() | | || dd'eoce | | || services- | | || mury | | || reveaue | | || i | | || 6o,601lf,000 | | || lj·so,ooo | | || til | | || 2,21150,000 | | || 112 | | || 160,657 | | || 0 | ,000 | || defroce | | || services- | | || navy | | || revenue | | || 1,112,50 | | || 000 | | || i | | || defence | services- | || air force· | kevemae | || 160,65,70,000 | | || ! | | || i | | || defence | | || services- | | || i | | || 4s | | || 113 | | || i | | || pen_onl | | || revenue | | || 15,4 | | || 1, | | || ,s,ooo | | || 30,000 | | || 1 | | || 541,08,000 | | || , | | || ----~ | | || | | || --------------_-------------- | | |g sums not exceeding i r \10 of services and purposes vote total voted by cha(t!on parliament the olio dated fund , | rs | ri ||---------------------|-------------|| ri | || 24 | || capital | outlay || on | || defence services- | || capital | || '/0,00,000 | 70,00,000 || i | || 1,000 | || | || , | || 5,00,000 | || - | || | || , | || 1,000 | || 5,00,000 | || 10 | || 26 | || education | || revenue | || capital" | || - | || 27 | || departmen | t || of | || social | || \ | || welfare | ' || revenue | || 7,00,00,000 | || 7,00,00,000 | || izg | || power | invdopment || revenul' | || capital | || 1,000 | || 1,000 | || 1,000 | || " | || 1,000 | || , | || | || go | || coal | || and | lignite || revenue | || 33,+i,1z | 1,000 || 330+ | 1 || ,iz | i || ,000 | || is | || 31 | || ministry | of"exteraal || capital | || afl'ain | || lz9,50,oo,ooo | || :29,3 | || 0 | || ,00,000 | || " | || 32 | || mwatry | of || 97,53000 | || 34- | || union excise duties | || revenue | || 97,53000 | || | || | || 2,01,000 | lz,07,ooo || 20 | || 35 | || taxes on income, | || eatateduty, | wealth- || tax | and || revenue | || 73,34000 | || 37 | || audir | || revenue | || +,5 | || 1z | || ,ooo | || 73,3+,000 | || | || | || 4s:l,ooo | || 39 | || pensions | || revenue | || 18,5 | || 1,90,000 | || 6booo | || 18581l2 | ,000 || ·25 | || 41 | || transfers to | || state | || governments | || revenue | || capital | || 41 | || 3,012,00000 | || 59808,00,000 | || 1278,glz,oo,000 | || i | || !j,'0,oo,ooo | || | || s 0100,000 | || challou>-i"",,,, | || ptlft/if'its | || revenue | || , | || | || 4s | ,00,10,000 || 5 | || 00•00,000 | || 30 | || 412 | || other | expenditure || the | || minutry | || of | || finance | || revenue | || 4000 | || 4,000 | || | || 43 | || loan | || to governmen t | || servants etc | || capital | || 11'1,7 | || 8 | || ,16,000 | || 1z6,7 | 8,16,000 || 35 | || 47 | || miaistry | || of | || home | || afi'ain | || revenue | || 5l5t45,ooo | || 1,000 | || 530+ | || 6,000 | || 49 | || department | of || ionnelnd | adminis- || trative reforma | || revenue | || 14,66,000 | || | || 14,66,00<1 | || 40 | || | || 61z1z40, | || 000 | || 6, | || lzlz | || o+o000 | || | || 50 | || police | || revenue | || i | || 58 | || ()ther~cbtureof | || | || the | ministry || home | affairs || revenue | || capital | || 000 | 3,19,91, || i, | || 000 | || 45 | || 3,19,91 | || ,000 | || | || 1,000 | || | || 1,66,02,000 | || s,8:i,000 | || 1,7 | || 1 | || ,84, | || 000 | || 54 | || chandigarh | || revenue | || 58 | || ministry | || (if | || industry | || revenue | || 1 | || 61 | || ,5 | || 0 , | || 000 | || 61,5 | || 0 | || ,000 | || | || 59 | || industries | revenue || capital | || 14,72000 | || | || 4,000 | || , | || 14,7!z, | 000 || o | || 400 | || 61 | || textiles, | || handloom | || and | handicrafts || capital | || ',00,00 | || 10,4400,00 | || so | || " | || ,00,000 | || 10,44,00,000 | || " | || ' | || | no | sums not exceedinl ||----------------------|--------------|-----------------------|| of | servicet and | pui'polel || ote | | || voted by | | || charied | on | || parliament | | || the | | || colllolidat«l | | || total | | || fund | | || v | | || 5 | | || r | •• | || ra | | || ra | | || &2 | | || miftiatry | of | informa· || tion and broad- | | || casting | | || revenue | | || 4195 | | || 000 | | || , | | || | | || 495000 | | || i3 | | || information, and | | || publicity | | || revenue | | || 1000 | | || '1 | | || 00g | | || 8000 | | || capital | | || 954,000 | | || | | || 9,34,000 | | || 10 | | || '4 | | || broadcutin, | | || capital | | || | | || 19 | | || 19,000 | | || is· | | || ministry | | || of | | || labour | | || revenue | | || 0' | | || s3'" | | || 53 | | || 000 | | || is | | || '7 | | || midiatry | | || of | law | || juatice and com- | | || revldue | | || i· | | || ·sa,oeo | | || pany | | || af£ | | || ir | | || | | || 1'4 | | || 0,32000 | | || is | | || adminiltration | of | || juatice | | || revenue | | || 7,10,800 | | || '94t'1" | | || 16,0,000 | | || 20 | | || 7 | | || 0 | | || petroleum and | | || petro-chen ieala | | || indllltriet | | || capital | | || 2000 | | || | | || lz,ooo | | || 7 | | || 1 | | || chemical and | | || fir- | | || tilizen | | || induatriet | | || revenue | | || 1!35,oo,ooo | | || o' | | || 13: | | || 35 | | || ,00,000 | | || capital | | || 3 ,00,00,000 | | || | | || j | | || ,00,00,000 | | || 75 | | || ministry of shippinr | | || i | | || and | transport | || revenue | | || s,5lz,oon | | || | | || 8,52 | | || ,000 | | || 2s' | | || 77 | | || porta, lirhthouici | | || and shippinl | | || revenue | | || i,~ | | || | | || 1,000 | | || 78 | | || road and | lnland | || water ti'amport | | || capital | | || 4 | | || 65,20,000 | | || o | | || 4 | | || 65,20,000 | | || 30 | | || 79 | | || department | of | steel || capital | | || p,ooog,ooo | | || " | | || 4 | | || 1• | | || oo,og,000 | | || 81 | | || minca and minerals | | || revenue | | || 236"" | | || 2,3 | 6,000 | || , | | || ill | | || d1:artmeat | of | || upply | - | || revcaue | | || 1,,,000 | | || | | || 18,000 | | || 35 | | || 83 | | || supplies and | | || diape- | | || ill | | || | | || rc'vcdue | | || , | | || | | || 1:30• | | || 008 | | || 1120,000 | | || go | | || public works | | || revenue | | || di9o,8,000 | | || 28,000 | | || 169 | | || 1,15,000 | | || capital | | || 5,000 | | || | | || 3 | | || 000 | | || 92 | | || houainf and | urbu | || / | | || deve opment | - | || capital | | || - | | || 1000 | | || | | || 1,000 | | || 40 | | || 95 | | || atomic | | || jnerry | | || r | | || aearch | develop- | || ment and | indua- | || | | || lz,ooo | | || trial projects | capital | || 1,000 | | || 97 | | || departm~t | | || of | | || culture | | || revenue | | || 1,000 | | || | | || 1,000 | | || 4s | | || 99 | | || department of | | || 4°00 | | || 4,000 | | || electronics | | || revenue | | || qooo | | || capital | | || 2000 | | || so | | || 100 | | || dc~tment | | || of | | || ience and | | || | | || 132• | | || 01 | | || ,000 | | || technology | | || revenue | | || 13 | | || 2 | | || °1°00 | ' | || log | | || department ofspacc | | || capital | | || | | || ij,94,ooo | | || 1!'\94,ooo | | || --- | | || ---- | | || total | | || j | | || 34°163°,000 | | || 804 | | || 1 | | || 945°00 | | || 12 | | || j | | || 044,35,75,000 | | || , | | || , | | | $fatement of wects and reasonsthis bill i introduced in pul'suanoe ot article 1)6(1) of tbe cqd8titu~ tion ot india, read with article u5 thereot, to provide for the appropriation ojlt o~ the consolidated fund of india of the moneys required to meet the supplemenuu'y expenditure charged on the codiolidated fund of india and the grants in&de by the loll; &abba for expenditure al the central government, excluding railways, for the financial year 1~80 r venkataraman president's recommendation under article 117 of the consti11jtion of india[copy of letter no f4(50)-b(se)/79, dated the :llit january, 19&() fjtom 8mi r venkataranum, minister of finance to the seeretary, lok sabha] the president, having been infonned of the subject matter of the proposed bill to authorise payment and appropriation ot certain tunher sums from and out ot the consolidated fund of india for the services of the tinanciall year ending on the 31st day of march, 1980, recommends the introduction of the appropriation bill, 1980 in lok sabha: and also recommejlds to lok sabha the codsideration of the bill ,under article 117 (1) and (3) of the constitution read with article 115 (2) thereof 2 the bill will be introduced in lok sabba after all the supplementary demands for grants for 1979-80 have been voted a billto authorise payment and appropriation of certain further sums from and out of the consolidateq ~ of india for the se!'vices of tile fuulncial year 1979-80 (shrri r l'tnka'tcroman, minister of finance) | Parliament_bills | d1f00105-7526-5cd5-bd58-390a0ce581d3 |
as introduced in the rajya sabha bill no xv of 2013 the constitution ( one hundred and nineteenth amendment) bill, 2013 a billfurther to amend the constitution of india to give effect to the acquiring of territories by india and transfer of certain territories to bangladesh in pursuance of the agreement and its protocol entered into between the governments of india and bangladesh be it enacted by parliament in the sixty-fourth year of the republic of india as follows:—short title1 this act may be called the constitution ( one hundred and nineteenthamendment) act, 201352 in this act,—definitions(a) "acquired territory" means so much of the territories comprised in the india-bangladesh agreement and its protocol and referred to in the first schedule as are demarcated for the purpose of being acquired by india from bangladesh in pursuance of the agreement and its protocol referred to in clause (c);5(b) "appointed day" means such date as the central government may, by notification in the official gazette, appoint as the date for acquisition of territories from bangladesh and transfer of the territories to bangladesh in pursuance of the india- bangladesh agreement and its protocol, after causing the territories to be so acquired and transferred as referred to in the first schedule and second schedule and demarcated for the purpose;10(c) "india-bangladesh agreement" means the agreement between the government of the republic of india and the government of the people's republic of bangladesh concerning the demarcation of the land boundary between india and bangladesh and related matters dated the 16th day of may, 1974, exchange of letters dated the 26th day of december, 1974, the 30th day of december, 1974, the 7th day of october, 1982, the 26th day of march, 1992 and protocol to the said agreement dated the 6th day of september, 2011, entered into between the governments of india and bangladesh, the relevant extracts of which are set out in the third schedule;15(d) "transferred territory", means so much of the territories comprised in the india-bangladesh agreement and its protocol and referred to in the second schedule as are demarcated for the purpose of being transferred by india to bangladesh in pursuance of the agreements and its protocol referred to in clause (c) 3 as from the appointed day, in the first schedule to the constitution,—20amendment of first schedule to the constitution25(a) in the paragraph relating to the territories of the state of assam, the words, brackets and figures "and the territories referred to in part i of the second schedule to the constitution (one hundred and nineteenth amendment) act, 2013, notwithstanding anything contained in clause (a) of section 3 of the constitution(ninth amendment) act, 1960, so far as it relates to the territories referred to in part i of the second schedule to the constitution (one hundred and nineteenth amendment) act, 2013", shall be added at the end;30(b) in the paragraph relating to the territories of the state of west bengal, the words, brackets and figures "and also the territories referred to in part iii of the first schedule but excluding the territories referred to in part iii of the second schedule to the constitution (one hundred and nineteenth amendment) act, 2013, notwithstanding anything contained in clause (c) of section 3 of the constitution (ninth amendment) act, 1960, so far as it relates to the territories referred to in part iiiof the first schedule and the territories referred to in part iii of the second schedule to the constitution (one hundred and nineteenth amendment) act, 2013", shall be added at the end;35 40(c) in the paragraph relating to the territories of the state of meghalaya, the words, brackets and figures "and the territories referred to in part i of the first schedule but excluding the territories referred to in part ii of the second schedule to the constitution (one hundred and nineteenth amendment) act, 2013", shall be added at the end;45(d) in the paragraph relating to the territories of the state of tripura, the words, brackets and figures "and the territories referred to in part ii of the first schedule to the constitution (one hundred and nineteenth amendment) act, 2013, notwithstanding anything contained in clause (d) of section 3 of the constitution (ninth amendment)act, 1960, so far as it relates to the territories referred to in part ii of the first schedule to the constitution (one hundred and nineteenth amendment) act, 2013", shall be added at the end the first schedule[see sections 2 (a), 2(b) and 3]5the acquired territory in relation to article 2 of the agreement dated the 16th day of may, 1974 and article 3 (i) (b) (ii) (iii) (iv) (v) of the protocol dated the 6th day of september, 2011the acquired territory in relation to article 2 of the agreement dated the 16th day of may, 1974 and article 3 (i) (c) (i) of the protocol dated the 6th day of september, 201110the acquired territory in relation to articles 1(12) and 2 of the agreement dated the 16th day of may, 1974 and articles 2 (ii), 3 (i) (a) (iii) (iv) (v) (vi) of the protocol dated the 6th day of september, 2011 the second schedule[see sections 2(b), 2 (d), and 3]5the transferred territory in relation to article 2 of the agreement dated 16th day of may,1974 and article 3 (i) (d) (i) (ii) of the protocol dated 6th day of september, 2011the transferred territory in relation to article 2 of the agreement dated the 16th day of may, 1974 and article 3 (i) (b) (i) of the protocol dated 6th day of september, 201110the transferred territory in relation to articles 1(12) and 2 of the agreement dated the16th day of may, 1974 and articles 2 (ii), 3 (i) (a) (i) (ii) (vi) of the protocol dated the 6th day of september, 2011 the third schedule [see section 2(c)] i extracts from the land boundary agreement dated 16 may, 1974 article 1 (12): enclaves5the indian enclaves in bangladesh and the bangladesh enclaves in india should beexchanged expeditiously, excepting the enclaves mentioned in paragraph 14 without claim to compensation for the additional area going to bangladesharticle 2:10 15the governments of india and bangladesh agree that territories in adverse possessionin areas already demarcated in respect of which boundary strip maps are already prepared, shall be exchanged within six months of the signing of the boundary strip maps by the plenipotentiaries they may sign the relevant maps as early as possible as and in any case not later than the 31st december, 1974 early measures may be taken to print maps in respect of other areas where demarcation has already taken place these should be printed by 31st may, 1975 and signed by the plenipotentiaries thereafter in order that the exchange of adversely held possessions in these areas may take place by the 31st december, 1975 in sectors still to be demarcated, transfer of territorial jurisdiction may take place within six months of the signature by plenipotentiaries on the concerned boundary strip maps20 ii extracts from the protocol to the land boundary agreement dated 6 september, 2011article 2: (ii) article 1 clause 12 of the 1974 agreement shall be implemented as follows:— enclaves25111 indian enclaves in bangladesh and 51 bangladesh enclaves in india as per the jointly verified cadastral enclave maps and signed at the level of dglr&s, bangladesh and dlr&s, west bengal (india) in april, 1997, shall be exchanged without claim to compensation for the additional areas going to bangladesh article 3: (i) article 2 of the 1974 agreement shall be implemented as follows:—30the government of india and the government of bangladesh agree that the boundaryshall be drawn as a fixed boundary for territories held in adverse possession as determined through joint survey and fully depicted in the respective adversely possessed land area index map (apl map) finalised by the land records and survey departments of both the countries between december, 2010 and august, 2011, which are fully described in clause (a) to (d) below35the relevant strip maps shall be printed and signed by the plenipotentiaries and transfer of territorial jurisdiction shall be completed simultaneously with the exchange of enclaves the demarcation of the boundary, as depicted in the above-mentioned index maps, shall be as under:—40(a)west bengal sector (i)bousmari - madhugari (kushtia-nadia) areathe boundary shall be drawn from the existing boundary pillar nos 154/5-sto 157/1-s to follow the centre of old course of river mathabanga, as depicted in consolidation map of 1962, as surveyed jointly and agreed in june, 2011(ii)andharkota (kushtia-nadia) areathe boundary shall be drawn from existing boundary pillar no 152/5-s to boundary pillar no 153/1-s to follow the edge of existing river mathabanga as jointly surveyed and agreed in june, 2011(iii)pakuria (kushtia-nadia) area5the boundary shall be drawn from existing boundary pillar no 151/1-s to boundary pillar no 152/2-s to follow the edge of river mathabanga as jointly surveyed and agreed in june, 2011(iv)char mahishkundi (kushtia-nadia) area10the boundary shall be drawn from existing boundary pillar no 153/1-s to boundary pillar no 153/9-s to follow the edge of river mathabanga as jointly surveyed and agreed in june, 2011(v)haripal/khutadah/battoli/sapameri/lnpur (patari) (naogaon—malda) area15the boundary shall be drawn as line joining from existing boundary pillar no 242/s/13, to boundary pillar no 243/7-s/5 and as jointly surveyed and agreed in june, 2011(vi)berubari (panchagarh-jalpaiguri area)the boundary in the area berubari (panchagarh-jalpaiguri) adversely held by bangladesh, and berubari and singhapara-khudipara (panchagarh-jalpaiguri), adversely held by india shall be drawn as jointly demarcated during 1996-199820 (b) meghalaya sector(i)lobachera-nuncherra25the boundary from existing boundary pillar no 1315/4-s to boundary pillar no 1315/15-s in lailong - balichera, boundary pillar no 1316/1-s to boundary pillar no 1316/11-s in lailong- noonchera, boundary pillar no 1317 to boundary pillar no 1317/13-s in lailong- lahiling and boundary pillar no 1318/1-s to boundary pillar no 1318/2-s in lailong- lobhachera shall be drawn to follow the edge of tea gardens as jointly surveyed and agreed in december, 2010(ii)pyrdiwah/ padua area30the boundary shall be drawn from existing boundary pillar no 1270/1-s as per jointly surveyed and mutually agreed line till boundary pillar no 1271/1-t the parties agree that the indian nationals from pyrdiwah village shall be allowed to draw water from piyang river near point no 6 of the agreed map(iii)lyngkhat area (aa) lyngkhat-i / kulumcherra and lyngkhat-ii/ kulumcherra35the boundary shall be drawn from existing boundary pillar no 1264/4-s to boundary pillar no 1265 and bp no 1265/6-s to 1265/9-s as per jointly surveyed and mutually agreed line(ab) lyngkhat-iii/sonarhat40the boundary shall be drawn from existing boundary pillar no 1266/13-s along the nallah southwards till it meets another nallah in the east-west direction, thereafter it shall run along the northern edge of the nallah in east till it meets the existing international boundary north of reference pillar nos1267/4-r-b and 1267/3-r-i(iv)dawki/tamabil areathe boundary shall be drawn by a straight line joining existing boundary pillar nos 1275/1-s to boundary pillar nos 1275/7-s the parties agree to fencing on 'zero line' in this area(v)naljuri/sreepur area5(aa) naljuri i10the boundary shall be a line from the existing boundary pillar no 1277/2-s in southern direction upto three plots as depicted in the strip map no 166 till it meets the nallah flowing from boundary pillar no 1277/5-t, thereafter it will run along the western edge of the nallah in the southern direction upto 2 plots on the bangladesh side, thereafter it shall run eastwards till it meets a line drawn in southern direction from boundary pillar no 1277/4-s(ab) naljuri iiithe boundary shall be drawn by a straight line from existing boundary pillar no 1278/2-s to boundary pillar no 1279/ 3-s15(vi)muktapur/ dibir hawor areathe parties agree that the indian nationals shall be allowed to visit kali mandir and shall also be allowed to draw water and exercise fishing rights in the water body in the muktapur / dibir hawor area from the bank of muktapur side (c) tripura sector 20(i)chandannagar-champarai tea garden area in tripura/ moulvi bazar sectorthe boundary shall be drawn along sonaraichhera river from existing boundary pillar no 1904 to boundary pillar no 1905 as surveyed jointly and agreed in july, 2011 (d) assam sector 25(i)kalabari (boroibari) area in assam sectorthe boundary shall be drawn from existing boundary pillar no 1066/24-t to boundary pillar no 1067/16-t as surveyed jointly and agreed in august, 2011(ii)pallathal area in assam sector30the boundary shall be drawn from existing boundary pillar no 1370/3-s to 1371/ 6-s to follow the outer edge of the tea garden and from boundary pillar no 1372 to 1373/2-s along outer edge of the pan plantation iii list of exchange of enclaves between india and bangladesh in pursuant to article 1 (12) of the agreement dated 16 may 1974 and the protocol to the agreement dated 6th september, 201135 a exchangeable indian enclaves in bangladesh with area| sl | name of chhits | chhit no | lying within | lying within | area in ||------------|----------------------------------|----------------|----------------|----------------|-----------|| no | police station | police station | acres | | || bangladesh | w bengal | | | | || a | enclaves with independent chhits | | | | || 40 | | | | | || 1 | garati | 75 | pochagar | haldibari | 5823 || 2 | garati | 76 | pochagar | haldibari | 079 || 3 | garati | 77 | pochagar | haldibari | 18 || sl | name of chhits | chhit no | lying within | lying within | area in ||------------|--------------------|----------------|----------------|----------------|-----------|| no | police station | police station | acres | | || bangladesh | w bengal | | | | || 1 | 2 | 3 | 4 | 5 | 6 || 4 | garati | 78 | pochagar | haldibari | 95866 || 5 | | | | | || 5 | garati | 79 | pochagar | haldibari | 174 || 6 | garati | 80 | pochagar | haldibari | 7375 || 7 | bingimari part-i | 73 | pochagar | haldibari | 607 || 8 | nazirganja | 41 | boda | haldibari | 5832 || 9 | nazirganja | 42 | boda | haldibari | 43429 || 10 | | | | | || 10 | nazirganja | 44 | boda | haldibari | 5347 || 11 | nazirganja | 45 | boda | haldibari | 107 || 12 | nazirganja | 46 | boda | haldibari | 1795 || 13 | nazirganja | 47 | boda | haldibari | 389 || 15 | | | | | || 14 | nazirganja | 48 | boda | haldibari | 7327 || 15 | nazirganja | 49 | boda | haldibari | 4905 || 16 | nazirganja | 50 | boda | haldibari | 505 || 17 | nazirganja | 51 | boda | haldibari | 077 || 18 | nazirganja | 52 | boda | haldibari | 104 || 19 | nazirganja | 53 | boda | haldibari | 102 || 20 | | | | | || 20 | nazirganja | 54 | boda | haldibari | 387 || 21 | nazirganja | 55 | boda | haldibari | 1218 || 22 | nazirganja | 56 | boda | haldibari | 5404 || 23 | nazirganja | 57 | boda | haldibari | 827 || 24 | nazirganja | 58 | boda | haldibari | 1422 || 25 | | | | | || 25 | nazirganja | 60 | boda | haldibari | 052 || 26 | putimari | 59 | boda | haldibari | 1228 || 27 | daikhata chhat | 38 | boda | haldibari | 49921 || 28 | salbari | 37 | boda | haldibari | 118893 || 30 | | | | | || 29 | kajal dighi | 36 | | | || boda | haldibari | 77144 | | | || 30 | nataktoka | 32 | boda | haldibari | 16226 || 31 | nataktoka | 33 | boda | haldibari | 026 || 32 | beuladanga chhat | 35 | boda | haldibari | 083 || 33 | balapara iagrabar | 3 | debiganj | haldibari | 175244 || 35 | | | | | || 34 | bara khankikharija | 30 | dimla | haldibari | 771 || citaldaha | | | | | || 35 | bara khankikharija | 29 | dimla | haldibari | 3683 || citaldaha | | | | | || 36 | barakhangir | 28 | dimla | haldibari | 3053 || sl | name of chhits | chhit no | lying within | lying within | area in ||----------------------|-------------------------------------|------------------|----------------|----------------|-----------|| no | police station | police station | acres | | || bangladesh | w bengal | | | | || 1 | 2 | 3 | 4 | 5 | 6 || 37 | nagarjikobari | 31 | dimla | haldibari | 3341 || 5 | | | | | || 38 | kuchlibari | 26 | patgram | mekliganj | 578 || 39 | kuchlibari | 27 | patgram | mekliganj | 204 || 40 | bara kuchlibari fragment of jl107 | patgram | mekliganj | 435 | || of ps mekliganj | | | | | || 10 | | | | | || 41 | jamaloaha-belapukhari | 6 | patgram | mekliganj | 524 || 42 | uponchowki kuchlibari 115/2 | patgram | mekliganj | 032 | || 43 | uponchowki kuchlibari | 7 | patgram | mekliganj | 4404 || 44 | bhothnri | 11 | patgram | mekliganj | 3683 || 45 | balapukhari | 5 | patgram | mekliganj | 5591 || 15 | | | | | || 46 | bara khangir | 4 | patgram | mekliganj | 5051 || 47 | bara khangir | 9 | patgram | mekliganj | 8742 || 48 | chhat bogdokra | 10 | patgram | mekliganj | 417 || 49 | ratanpur | 11 | patgram | mekliganj | 5891 || 50 | bogdokra | 12 | patgram | mekliganj | 2549 || 20 | | | | | || 51 | pulkar dabri | fragment of jl | patgram | mekliganj | 088 || 107 of ps mekliganj | | | | | || 52 | kharkharia | 15 | patgram | mekliganj | 6074 || 53 | kharkharia | 13 | patgram | mekliganj | 5162 || 54 | lotamari | 14 | patgram | mekliganj | 11092 || 25 | | | | | || 55 | bhotbari | 16 | patgram | mekliganj | 20546 || 56 | komat changrabandha 16 a | patgram | mekliganj | 428 | || 57 | komat changrabandha 17 a | patgram | mekliganj | 1601 | || 58 | panisala | 17 | patgram | mekliganj | 13766 || 59 | dwarikamari khasbash | 18 | patgram | mekliganj | 365 || 30 | | | | | || 60 | panisala | 153/p | patgram | mekliganj | 027 || 61 | panisala | 153/o | patgram | mekliganj | 1801 || 62 | panisala | 19 | patgram | mekliganj | 6463 || 63 | panisala | 21 | patgram | mekliganj | 514 || 64 | lotamari | 20 | patgram | mekliganj | 28353 || 35 | | | | | || 65 | lotamari | 22 | patgram | mekliganj | 9885 || 66 | dwarikamari | 23 | patgram | mekliganj | 3952 || 67 | dwarikamari | 25 | patgram | mekliganj | 4573 || 68 | chhat bhothat | 24 | patgram | mekliganj | 5611 || 69 | baakata | 131 | patgram | hathabhanga | || 2235 | | | | | || sl | name of chhits | chhit no | lying within | lying within | area in ||------------|------------------------|----------------|----------------|----------------|-----------|| no | police station | police station | acres | | || bangladesh | w bengal | | | | || 1 | 2 | 3 | 4 | 5 | 6 || 70 | baakata | 132 | patgram | hathabhanga | 1196 || 5 | | | | | || 71 | baakata | 130 | patgram | hathibhanga | 2048 || 72 | bhogramguri | 133 | patgram | hathibhanga | 144 || 73 | chenakata | 134 | patgram | mekliganj | 781 || 74 | banskata | 119 | patgram | mathabanga | 41381 || 75 | banskata | 120 | patgram | mathabanga | 3075 || 10 | | | | | || 76 | banskata | 121 | patgram | mathabanga | 1215 || 77 | banskata | 113 | patgram | mathabanga | 5786 || 78 | banskata | 112 | patgram | mathabanga | 31504 || 79 | banskata | 114 | patgram | mathabanga | 077 || 80 | banskata | 115 | patgram | mathabanga | 292 || 15 | | | | | || 81 | banskata | 122 | patgram | mathabanga | 3322 || 82 | banskata | 127 | patgram | mathabanga | 1272 || 83 | banskata | 128 | patgram | mathabanga | 233 || 84 | banskata | 117 | patgram | mathabanga | 255 || 20 | | | | | || 85 | banskata | 118 | patgram | mathabanga | 3098 || 86 | banskata | 125 | patgram | mathabanga | 064 || 87 | banskata | 126 | patgram | mathabanga | 139 || 88 | banskata | 129 | patgram | mathabanga | 137 || 89 | banskata | 116 | patgram | mathabanga | 1696 || 90 | banskata | 123 | patgram | mathabanga | 2437 || 25 | | | | | || 91 | banskata | 124 | patgram | mathabanga | 028 || 92 | gotamari chhit | 135 | hatibandha | sitalkuchi | 12659 || 93 | gotamari chhit | 136 | hatibandha | sitalkuchi | 2002 || 94 | banapachai | 151 | lalmonirhat | dinhata | 21729 || 30 | | | | | || 95 | banapachai bhitarkuthi | 152 | lalmonirhat | | || dinhata | 8171 | | | | || 96 | dasiar chhara | 150 | fulbari | dinhata | 164344 || 97 | dakurhat- dakinirkuthi | 156 | kurigram | dinhata | 1427 || 98 | kalamati | 141 | bhurungamari | dinhata | 2121 || 99 | bhahobganj | 153 | bhurungamari | dinhata | 3158 || 100 | baotikursa | 142 | bhurungamari | dinhata | 4563 || 35 | | | | | || 101 | bara coachulka | 143 | bhurungamari | dinhata | 3999 || 102 | gaochulka ii | 147 | bhurungamari | dinhata | 09 || 103 | gaochulka i | 146 | bhurungamari | dinhata | 892 || sl | name of chhits | chhit no | lying within | lying within | area in ||--------------------------|-----------------------|----------------|----------------|----------------|-----------|| no | police station | police station | acres | | || bangladesh | w bengal | | | | || 1 | 2 | 3 | 4 | 5 | 6 || 104 | dighaltari ii | 145 | bhurungamari | dinhata | 881 || 5 | | | | | || 105 | dighaltari i | 144 | bhurungamari | dinhata | 1231 || 106 | chhoto garaljhora ii | 149 | bhurungamari | dinhata | 1785 || 107 | chhoto garaljhora i | 148 | bhurungamari | dinhata | 3574 || 10 | | | | | || 108 | 1 chhit without name | patgram | mathabanga | 35 | || & jl no at the southern | | | | | || and of jl no 38 & | | | | | || southern and of jl | | | | | || no 39 (locally known | | | | | || as ashokabari) | | | | | | enclaves with fragmented chhits15109(i) bewladanga34haldibariboda86246(ii) bewladangafragmenthaldibaridebiganj110(i) kotbhajni2haldibaridebiganj201227(ii) kotbhajnifragmenthaldibaridebiganj(iii) kotbhajnifragmenthaldibaridebiganj20(iv) kotbhajnifragmenthaldibaridebiganj111(i) dahalakhagrabrihaldibaridebiganj265035(ii) dahalafragmenthaldibaridebiganj(iii) dahalafragmenthaldibaridebiganj(iv) dahalafragmenthaldibaridebiganj25(v) dahalafragmenthaldibaridebiganj(vi) dahalafragmenthaldibaridebiganj171606330the above given details of enclaves have been jointly compared and reconciled with records held by india and bangladesh during the indo-bangladesh conference held at calcutta during 9th - 12th october, 1996 as well as during joint field inspection at jalpaiguri (west bengal) panchagarh (bangladesh) sector during 21-24 november, 1996 note: name of enclave in si no 108 above has been identified as ashokabari by joint ground verification during field season 1996-97 brig jr peter md shafi uddin director land records & survey director general, land records(ex-officio) west bengal, india &and surveys, bangladesh director, eastern circle survey of india, calcutta b exchangeable bangladesh enclaves in india with area| sl | name of chhits | lying within | lying within | jl | area in ||-----------|----------------------------------|----------------|----------------|--------|-----------|| no | police station | police station | no | acres | || w bengal | bangladesh | | | | || 5 | | | | | || 1 | 2 | 3 | 4 | 5 | 6 || a | enclaves with independent chhits | | | | || 1 | chhit kuchlibari | mekliganj | patgram | 22 | 37064 || 2 | chhit land of kuchlibari | mekliganj | patgram | 24 | 183 || 3 | balapukhari | mekliganj | patgram | 21 | 33164 || 4 | chhit land of panbari no2 | mekliganj | patgram | 20 | 113 || 10 | | | | | || 5 | chhit panbari | mekliganj | patgram | 18 | 10859 || 6 | dhabalsati mirgipur | mekliganj | patgram | 15 | 17388 || 7 | bamandal | mekliganj | patgram | 11 | 224 || 8 | chhit dhabalsati | mekliganj | patgram | 14 | 6658 || 9 | dhabalsati | mekliganj | patgram | 13 | 6045 || 15 | | | | | || 10 | srirampur | mekliganj | patgram | 8 | 105 || 11 | jote nijjama | mekliganj | patgram | 3 | 8754 || 12 | chhit land of jagatber no3 | mathabanga | patgram | 37 | 6984 || 13 | chhit land of jagatber no1 | mathabanga | patgram | 35 | 3066 || 14 | chhit land of jagatber no2 | mathabanga | patgram | 36 | 2709 || 20 | | | | | || 15 | chhit kokoabari | mathabanga | patgram | 47 | 2949 || 16 | chhit bhandardaha | mathabanga | patgram | 67 | 3996 || 17 | dhabalguri | mathabanga | patgram | 52 | 125 || 18 | chhit dhabalguri | mathabanga | patgram | 53 | 2231 || 19 | chhit land of dhabalguri no3 | mathabanga | patgram | 70 | 133 || 25 | | | | | || 20 | chhit land of dhabalguri no4 | mathabanga | patgram | 71 | 455 || 21 | chhit land of dhabalguri no5 | mathabanga | patgram | 72 | 412 || 22 | chhit land of dhabalguri no1 | mathabanga | patgram | 68 | 2683 || 23 | chhit land of dhabalguri no2 | mathabanga | patgram | 69 | 1395 || 30 | | | | | || 24 | mahishmari | sitalkuchi | patgram | 54 | 12277 || 25 | bura saradubi | sitalkuchi | hatibadha | 13 | 3496 || 26 | palnapur | sitalkuchi | patgram | 64 | 50556 || 27 | amjhol | sitalkuchi | hatibandha | 57 | 125 || 28 | kismat batrigachh | dinhata | kaliganj | 82 | 20995 || 35 | | | | | || 29 | durgapur | dinhata | kaliganj | 83 | 2096 || 30 | bansua khamar gitaldaha | dinhata | lalmonirhat | 1 | 2454 || 31 | paotukuthi | dinhata | lalmonirhat | 37 | 58994 || 32 | paschim bakalir chhara | dinhata | bhurungamari | 38 | 15198 || sl | name of chhits | lying within | lying within | jl | area in ||-----------|--------------------------|----------------|----------------|--------|-----------|| no | police station | police station | no | acres | || w bengal | bangladesh | | | | || 1 | 2 | 3 | 4 | 5 | 6 || 33 | madhya bakalir chhara | dinhata | bhurungamari | 39 | 3272 || 5 | | | | | || 34 | purba bakalir chhara | dinhata | bhurungamari | 40 | 1223 || 35 | madhya masaldanga | dinhata | bhurungamari | 3 | 13666 || 36 | madhya chhit masaldanga | dinhata | bhurungamari | 8 | 1187 || 37 | paschim chhit masaldanga | dinhata | bhurungamari | 7 | 76 || 38 | uttar masaldanga | dinhata | bhurungamari | 2 | 2729 || 10 | | | | | || 39 | kachua | dinhata | bhurungamari | 5 | 11974 || 40 | uttar bansjani | tufanganj | bhurungamari | 1 | 4717 || 41 | chhat tilai | tufanganj | bhurungamari | 17 | 8156 | b enclaves with fragmented chhits| 42 | (i) nalgram | sitalkuchi | patgarm | 65 | 139734 ||------------------------------------------------|----------------------------|--------------|--------------|------|-----------|| 15 | | | | | || (ii) nalgram (fragment) | sitalkuchi | patgarm | 65 | | || (iii) nalgram (fragment) | sitalkuchi | patgarm | 65 | | || 43 | (i) chhit nalgram | sitalkuchi | patgarm | 66 | 495 || (ii)chhit nalgram (fragment) | sitalkuchi | patgarm | 66 | | || 44 | (i) batrigachh | dinhata | kaliganj | 81 | 57737 || 20 | | | | | || (ii)batrigachh (fragment) | dinhata | kaliganj | 81 | | || (iii)batrigachh (fragment) | dinhata | phulbari | 9 | | || 45 | (i)karala | dinhata | phulbari | 9 | 26991 || (ii)karala (fragment) | dinhata | phulbari | 9 | | || (iii)karala (fragment) | dinhata | phulbari | 8 | | || 25 | | | | | || 46 | (i) sipprasad mustati | dinhata | phulbari | 8 | 3732 || (ii) sipprasad mustati (fragment) | dinhata | phulbari | 6 | | || 47 | (i) dakshin masaldanga | dinhata | bhurungamari | 6 | 57138 || (ii) dakshin masaldanga (fragment) | dinhata | bhurungamari | 6 | | || (iii) dakshin masaldanga (fragment) dinhata | bhurungamari | 6 | | | || 30 | | | | | || (iv) dakshin masaldanga (fragment) dinhata | bhurungamari | 6 | | | || (v) dakshin masaldanga (fragment) | dinhata | bhurungamari | 6 | | || (vi) dakshin masaldanga (fragment) dinhata | bhurungamari | 6 | | | || 48 | (i) paschim masaldanga | dinhata | bhurungamari | 4 | 2949 || (ii) paschim masaldanga (fragment) | dinhata | bhurungamari | 4 | | || 35 | | | | | || 49 | (i) purba chhit masaldanga | dinhata | bhurungamari | 10 | 3501 || (ii) purba chhit masaldanga (fragment) dinhata | bhurungamari | 10 | | | || 50 | (i) purba masaldanga | dinhata | | | || bhurungamari | 11 | 15389 | | | || sl | name of chhits | lying within | lying within | jl | area in ||-----------------------------------|----------------------|----------------|----------------|-------|-----------|| no | police station | police station | no | acres | || w bengal | bangladesh | | | | || 1 | 2 | 3 | 4 | 5 | 6 || (ii)purba masaldanga (fragment) | dinhata | bhurungamari | 11 | | || 5 | | | | | || 51 | (i) uttar dhaldanga | tufanganj | bhurungamari | 14 | 2498 || (ii) uttar dhaldanga (fragment) | tufanganj | bhurungamari | 14 | | || (iii) uttar dhaldanga (fragment) | tufanganj | bhurungamari | 14 | | || total area | 7,11002 | | | | |10the above given details of enclaves have been jointly compared and reconciled with records held by india and bangladesh during the indo-bangladesh conference held at calcutta during 9th-12th october 1996 as well as during joint field inspection at jalpaiguri (west bengal) - panchagarh (bangladesh) sector during 21-24 november 1996 brig jr peter md shafi uddin director land records & survey director general, land records(ex officio) west bengal, india &and surveys, bangladesh director, eastern circle survey of india, calcutta statement of objects and reasonsindia and bangladesh have a common land boundary of approximately 40967 kmsthe india-east pakistan land boundary was determined as per the radcliffe award of 1947 disputes arose out of some provisions in the radcliffe award, which were sought to be resolved through the bagge award of 1950 another effort was made to settle these disputes by the nehru-noon agreement of 1958 however, the issue relating to division of berubari union was challenged before the hon'ble supreme court to comply with the opinion rendered by the hon'ble supreme court of india, the constitution (ninth amendment) act, 1960 was passed by the parliament due to the continuous litigation and other political developments at that time, the constitution (ninth amendment) act, 1960 could not be notified in respect of territories in former east pakistan (presently bangladesh)2 on 16th may, 1974, the agreement between india and bangladesh concerning the demarcation of the land boundary and related matters was signed between both the countries to find a solution to the complex nature of the border demarcation involved this agreement was not ratified as it involved, inter alia, transfer of territory which requires a constitutional amendment in this connection, it was also required to identify the precise area on the ground which would be transferred subsequently, the issues relating to demarcation of un-demarcated boundary; the territories in adverse possession; and exchange of enclaves were identified and resolved by signing a protocol on 6th september, 2011, which forms an integral part of the land boundary agreement between india and bangladesh, 1974 the protocol was prepared with support and concurrence of the concerned state governments of assam, meghalaya, tripura and west bengal3 accordingly, the constitution (one hundred and ninteenth amendment) bill, 2013which proposes to amend the first schedule of the constitution, for the purpose of giving effect to the acquiring of territories by india and transfer of territories to bangladesh through retaining of adverse possession and exchange of enclaves, in pursuance of the aforesaid agreement of 1974 and its protocol entered between the governments of india and bangladesh4 the bill seeks to achieve the above objectsnew delhi;salman khurshidthe 26th february, 2013 memorandum regarding delegated legislationclause (b) of section 2 of the bill provides that the central government may, by notification in the official gazette, appoint the date for acquisition of territories from bangladesh and transfer of the territories to bangladesh in pursuance of the india-bangladesh agreement and its protocol, after causing the territories to be so acquired and transferred as referred to in the first schedule and second schedule and demarcated for the purpose annexure extracts from the constitution of india part i the union and its territory1 (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 schedulename and territory of the union(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 acquired4 (1) any law referred to in article 2 or article 3 shall contain such provisions for the amendment of the first schedule and the fourth schedule as may be necessary to give effect to the provisions of the law and may also contain such supplemental, incidental and consequential provisions (including provisions as to representation in parliament and in the legislature or legislatures of the state or states affected by such law) as parliament may deem necessary(2) no such law as aforesaid shall be deemed to be an amendment of this constitution for the purposes of article 368laws made under articles 2 and 3 to provide for the a m e n d m e n t of the first and the fourth schedules and supplemental, incidental and consequential matters first schedule [articles 1 and 4] i the statesassamthe territories which immediately before the commencement of this constitution were comprised in the province of assam, the khasi states and the assam tribal areas, but excluding the territories specified in the schedule to the assam (alteration of boundaries) act, 1951 and the territories specified in sub-section (1) of section 3 of the state of nagaland act, 1962 and the territories specified in sections 5, 6 and 7 of the north-eastern areas (reorganisation) act, 1971west bengal the territories which immediately before the commencement of this constitution were either comprised in the province of west bengal or were being administered as if they formed part of that province and the territory of chandernagore as defined in clause (c) of section 2 of the chandernagore (merger) and also the territories specified in sub-section (1) of section 3 of the bihar and west bengal (transfer of terrotories) act, 1956meghalayathe territories specified in section 5 of the north-eastern areas (reorganisation) act,1971tripurathe territory which immediately before the commencement of this constitution was being administered as if it were a chief commissioner's province under the name of tripura———— a billfurther to amend the constitution of india to give effect to the acquiring of territoriesby india and transfer of certain territories to bangladesh in pursuance of the agreement and its protocol entered into between the governments of india and bangladesh————(shri salman khurshid, minister of external affairs) | Parliament_bills | 731a0e17-9391-5cb2-a3e8-364c0b8df883 |
the government sa vings banks (amendment) bill, 1959(as introduced in lok sabha on 27th august, 1959) the government savings banks (amendment) bill, 1959 (as introduced in lok sabha)a bill further to amend the government savings banks act, 1873 be it enacted by parliament in the tenth year of the republic of india as follows:--1 this act may be called the government savings banb short tide (amendment) act, 1959 5 2 in section 3 of the government savings banks act, 1873 (here- amendment in after referred to as the principal act), after the definition of of s«:tio(1 3· "minor", the following definition shall be inserted, namely:-'''prescribed'' means prescribed by rules made under this act' 3 for section 4 of the principal act, the following sections shall subltitutioa be b· ~~ 10 su stltuted, namely: -sections for t~ section " "4 (1) notwithstanding anything contained in any law for ~7ina~oll the time being in force, or in any disposition, whether testamen-y epol1tor tary or otherwise, by a depositor in respect of his deposit, where any nomination made in the prescribed manner purports to confer on any person the right to receive the deposit on the death of the depositor, the nominee shall, on the death of the depositor lecome entitled, to the exclusion of all other persons, to be paid the deposit, unless the nomination is varied or cancelled in the prescribed manner (2) any nomination referred to in sub-section (1) shall become void if the nominee predeceases, or where there are two or more nominees, all the nominees predecease, the depaitot' (3) where the nominee is a minor it shall be lawful for the depositor to appoint in the prescribed manner any person to receive the deposit in the event of his death during the minoritv of the nominee - 4a (1) if a depositor dies and there is in force at the time 5 paymauod deatbof depoeitor ~f the death of the depositor a nomination in favour of any person, the deposit shall be paid to the nominee (2) where the nominee is a minor, the deposit shall be paid-(b) in any case where a person has been appointed to receive it under sub-section (3) of section 4, to that person; 10 and (b) where there is no such person, to the guardian of the minor for the use of the minor (3) where a deposit is payable to two or more nominees and either or any of them is dead, the deposit shall be paid to th~ is surviving nominee or nominees (4) if a depositor dies and there is no nomination in force at the time of his death and probate of his will or letters of administration of his estate or a succession certificate granted under the indian succession act, 1925, is not within three months ao "of ips of the death of the depositor produced to the secretary of thf' government savings bank in which the deposit is, then-(a) if the deposit does not exceed five thousand rupees, the secretary may pay the same to any person appearing to him to be entitled to receive it or to administer the estate of 25 the deceased; and (b) within the afore&aid limit of five thousand rupees, any officer employed in the management of a government savings bank who is empowered in this behalf by a general or special order of the central government may, to the)o extent to which he is empowered by such order and subject to any general or special orders of the secretary in this behalf, pay the deposit to any person appearing to hitn to be entitled to receive it or to administer the estate (5) nothing contained in thie section shall be deemed to j~ require any person to accept payment of a deposit, which is ii time deposit, before it has become due" 4 in section 5 of th~ principal act,-ameodmeftt (a) for the words "such payment", the words "any pay- ofmcdon s ment made in accordance wi th the foregoing provisions of this act" shad be substituted: (b) the words and figures "or act no 26 of 1655" shall be omitted 10 5 in section 6 of the principal act,- ' amendmodt of ,ectlon 5 (a) for the words and figure "under section 4", the words, brackets and figures, "under sub-section (4) of section 4a" shall be substituted; (b) for the words and ftgure "to whom he pays any money under section 4", the words, brackets, and figures "to whom he pays any money under sub-section (4) of section 4a" shall be substituted is 6 in section 7 oi the principal act, for the words and figure amen f ~ent "under section 4", the words, brackets and figures "under sub-section o seetum 7 (4) of section 4a" shall be substituted 39 of 19:15 7 sections 9 and 11 of the principal act shall be omitted omission of sections 9 8ild ii s in section 13 of the principal act, for the words and figures ame~ent of seetion 3d "the indian succession act, 1865, section 4", the words and figures 13 "section 20 of the indian succession act, 1925" shall be substituted t for the heading "rules" and for section 14 of the principal act, subatitutioa of new the following heading and sections shall be substituted, namely: -,ectiona for , section 14 "miscellaneous as 14 no suit or other legal proceeding shall lie against the ~tectio~ of action ta eo secretary or any other officer of the government m respect of in aood anything which is in good faith done or intended to be done under faith this act 15 (1) the central government may, by notification in the power to official gazette, make rules for carrying out the purposes of this make ruin act (2) in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-35 (a) the persons by whom and the terms and conditions subject to which deposits may be made in a government savings bank; (b) the maximwll limits of deposits and the condition8 as to interest or discount relating to deposits generally, or any class of deposits in particular; (c) the non-accrual of interest on deposits when the maximum limits are exceeded and the recovery of any s interest paid in excess in the same manner as an arrear of land revenue or in any other manner; (d) the persons to whom and the manner in which deposits may be paid; (e) the form of nominations, the manner in which, the 10 persons in whose favour and the conditions and restrictions subject to which, nominations may be made and the registration of nominations; <f> the variation or cancellation of nominations; (g) the fees that may be levied for registration of i ~ nominations and for variation or cancellation thereof; (h) the manner in which any person may be appointed for the purpose of sub-section (3) of section 4 (3) every rule made under this section shall be laid as soon as may be after it is made before each house of parliament 20 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 2s rule should not be made, the rule shall thereafter have effect only in such modilied 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 reasonsunder section 4 of the government savings banks act, 1873, deposits in a government savings bank belonging to the estate of a deceased person are payable to his legal heirs on production of probate of his will or letters of administration of his estate or a succession certificate granted under the indian succession act, 1925; but if the deposit does not exceed rs 5,000 and any of the documents referred to above is not produced within a period of three months of the death of the depositor, payment can be made by the postal authorities to any person appearing to them to be entitled to receive it or to administer the estate of the deceased 2 suggestions have been made from time to time that, as the production of legal proof of succession involves considerable delay and expense, the depositors may be allowed the right to nominate a person or persons to receive the amounts due to the deceased depositors without the production of legal documents this bill, accordingly, seeks to allow nomination facilities to the depositors in the government savings bank by amending the savings banks act, 1873 new delhi; morarji r desai the 26th june 1959 memorandum regarding delegated legislationthe proposed section 15 sought to be inserted by clause 9 of the bill empowers the central government to mak~ rules for carrying out the purposes of the act· the particular matters in respect of which rules may be made are specified in sub-section (2) thereof these provisions would enable the central government to make rules relating mainly to matters of procedure, for example, the pers~ns by whom, and the terms and conditions subject to which, deposits may be made, the form of nominations, the registration, cancellation or change and the manner of payment of deposits under the act these are all matters of a routine nature and the delegation of legislative power is of a normal character - - - deposits belonging to the estates of deceased persona 4 if a depositor dies and probate of his will or letters of adminjs- paymedt 011 tration of his estate or a succession certificate granted under the ~=i~!r 39' 192, indian succession act, 1925, is not within three months of the death of the depositor produced to the secretary of the government savings bank in which the deposit is, then-(a) if the deposit does not exceed five thousand rupees, the secretary may pay the same to any person appearing to him to be entitled to receive it or to administer the estate of the deceased, and (b) within the aforesaid limit of five thousand rupees, ally officer employed in the management of a government savings bank who is empowered in this behalf by a general or special order of the central government may, to the extent to which he is empowered by such order and subject to any general or special orders of the secretary in this behalf, pay the deposit to any person appearing to him to be entitled to receive it or to administer the estate 5 such payment shall be a full discharge from all further liability paymcdt in respect of the money 60 paid: dt~_1c a j u,c but nothing herein contained precludes any executor or adminis- savina of trator, or other representative of the deceased, from recovering ~~~~:r from the person receiving the same the amount remaining in his hands after deducting the amount of all debts or other demands lawfully paid or discharged by him in due course of administration and any creditor or claimant against the estate of the deceased savin,o( may recover his debt or claim out of the money paid under this act ~~~t~~ or act no 26 of 1855, to any person, and remaining in his hands unadr:1inistered, in the same manner and to the same extent as if the latter had obtained letters of administration of the estate of the deceased security for due administration 6 the secretary of any such ban k or any officer empowereci under section 4 may take such security as he thinks necessary from any person to whom he pays any money under section 4 for the due administration of the money so paid, and he may assign the said security to any person interested in such administration power to administer oath penalty for fall': statem:llts 7 for the purpose of ascertaining the right of the person claiming to be entitled as aforesaid, the secretary of any such bank or any officer empowered under section 4 may take evidence on oath or affirmation according to the law for the time being relating to oaths and affirmations any person who, upon such oath or affirmation, makes any statement which is false, and which he either knows or believes to be false or does not believe to be true, shall be deemed guilty of an offence under section 193 of the indian penal code 45 ol186o - - - - 9 nothing hereinbefore contained applies to money belonging to the estate of any european officer, non-commissioned officer, or soldier dying in government service in india, or of any europe'an who, at the time of his death, was a deserter from the said service | act | not ||-----------|--------|| apply | || to | || deposits | || belonging | || to | || estates | || of | || european | || aoldien | or || d~rteis | |deposits belonging to minors - - - - 11 all payments of deposits heretofore made to minors or their guardians by any secretary of a government savings bank shall be deemed to have been made in accordance with law legalization of like payments heretofore made deposits made by married women| paymel't ||-------------|| married || women', || depolitll |13 any deposit made by or on behalf of a married woman, or by or on behalf of a woman who afterwards marries, may be paid to her, whether or not the indian succession act, 1865, section 4, 10 of 1865 applies to her marriage; and her receipt for money paid to her under this section shall be a sufficient discharge therefor rulesrules re-14 all certificates under section 8, and all payments under sojlating section 10, section 12 or section 13, shall be respectively granted and certi6cates under icc- made by the secretary of the bank, subject to such rules consistent tion 8, and with this act as the central government may, from time to time, payments wlda'sections prescribe 10,12 oj '3 a billfurther to amend the government savings banks act, 1873 the president has, in pursuance of claus (i) of article ii? of the constitution of india, recommended to lok sabha, the introduction of the bill m n kaul, secretary (shri morarji desai, minister of fi"ance) | Parliament_bills | 2485cad6-9d1c-598a-afe3-85a29507be98 |
the appropriation (railways) no 7 bill, 1956 (as introduced in lok sabra) , ; \ " ' a billto authorisf! payment and appropriation of certain further sums from and out of the consolidated fund' of lndia for' the service of the financial year 195~-57 fot, the purpos~s of railways' , / ~~ ~ /" ,,:' ',' ,'' , be: it ellacted by pa~lia~~t in t~~ ~~vent~ year of the republic of indi~ as follows:- -1 this act may be called the appropriation (railways) no 7 short titll' act, 1956 ~ 2 from and out of the consolidated fund of india there may issue of 'rs be paid and applied sums not exceeding those specified in column ~~~'ft:o 3 of the schedule amounting in the aggregate to the sum of seven consolidated crores and forty-six lakhs towards defraying the several charges r~di~ tr the which will come in course of payment during the financial year finmcial year 10 1956-57, in respect of the services relating to railways specified in 1956-57 column 2 of the schedule ' 3 the sums authorised to be paid and applied from and out of appropriathe consolidated fund of india by this act shall be appropriated tion for the services and purposes expressed in the schedule in relation is to the said year the schedule (see sections 2 and 3)i 2 3 no of vote -----sums not exceeding -_ __ voted <:nar:: services and purpoiej by total par!iainent consolidated fund -1 railway board 866,000 8,66,000 working expensc:s-adminiltration so,83,000 so,83,ooo 4 10 s woddni bxpenses-repain and maintenance 1,9000,000 1,90,00,000 7 working expenaes-opcratlon (pucl) 3,20,73,000 330,73,000 9 working expena-miac:ellan eaul 1037,78,000 1,37,78,000 expenses is 10 working &penaea-labour wejftre 3&00,000 38,00,000 grand total 7>46,00,000 7>46,00,000 - statement of objects and reasonsthis bill is introduced in pursuance of article 114 (1) of· the constitution of india read with article 115 thereof, to provide for the appropriation out of the consolidated fund of india of the moneys required to meet the supplementary expenditure charged on the consolidated fund of india and the grants made by the lok sabha for expenditure of the central government on railways for the financial year 1956-57 o v alagesan new delhi; the 7th december, 1956 a billto provide for the authorisation of appropriation of moneys out of the consolidated fund of india to meet the amounts spent on certain services for the purposes of railways during the financial year ended on the 31st day of march, 1954, in ex~s of the amounts granted for those services and for that year the president has, in pursuance of clauses (1) and (3) of article 117 of the constitution of india, recommended to lok sabha the introduction and consideration of the bill m n kaul, secretary deputy minister of railways and transport) | Parliament_bills | 46b74dcc-4c6e-5331-afc6-af6052ddde6b |
bill no xliv of 2008 the plantations labour (amendment) bill, 2008 a billfurther to amend the plantations labour act, 1951be it enacted by parliament in the fifty-ninth year of the republic of india as follows:—1 (1) this act may be called the plantations labour (amendment) act, 2008short 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 for different states and any reference in any such provision to the commencement of this act shall, in relation to any state, be construed as a reference to the coming into force of that provision in that stateamendment of section 269 of 19512 in section 2 of the plantations labour act, 1951 (hereinafter referred to as the principal act),—(a) in clause (e), the following explanation shall be inserted, namely:—'explanation—for the purposes of this clause, "the person who has the ultimate control over the affairs of the plantation" means in the case of a plantation owned or controlled by—(i) a company, firm or other association of individuals, whether incorporated or not, every director, partner or individual;(ii) the central government or state government or any local authority, the person or persons appointed to manage the affairs of the plantation; and(iii) a lessee, the lessee;';(b) in clause (ee), for the words "and includes, where the worker is a male, his parents dependent upon him", the words "and includes parents and widow sister, dependent upon him or her" shall be substituted;(c) in clause (k),—(i) in the opening portion, after the words "manual or clerical", the words"and includes a person employed on contract for more than sixty days in a year" shall be inserted;(ii) in sub-clause (ii), for the words "rupees seven hundred and fifty", the words "rupees ten thousand" shall be substituted;(iii) in sub-clause (iii), for the words "managerial capacity, notwithstanding that his monthly wages do not exceed rupees seven hundred and fifty", the words "managerial or administrative capacity, notwithstanding that his monthly wages do not exceed rupees ten thousand" shall be substitutedamendment of section 73 in section 7 of the principal act, in sub-section (2), in clause (b), for the words "and children are, or are to be", the word "are" shall be substitutedamendment of section 104 in section 10 of the principal act, in sub-section (2), for the words "chief inspector", the words "state government upon a request by the chief inspector" shall be substituted5 after chapter iv, the following chapter shall be inserted, namely:— "chapter iv ainsertion of new chapter iva provisions as to safetysafety18a (1) in every plantation, effective arrangements shall be made by the employer to provide for the safety of workers in connection with the use, handling, storage and transport of insecticides, chemicals and toxic substances(2) the state government may make rules for prohibiting or, restricting employment of women or adolescents in using or handling hazardous chemicals(3) the employer shall appoint persons possessing the prescribed qualifications to supervise the use, handling, storage and transportation of insecticides, chemicals and toxic substances in his plantation(4) every employer shall ensure that every worker in plantation employed for handling, mixing, blending and applying insecticides, chemicals and toxic substances, is trained about the hazards involved in different operations in which he is engaged, the various safety measures and safe work practices to be adopted in emergencies arising from spillage of such insecticides chemicals and toxic substances and such other matters as may be prescribed by the state government(5) every worker who is exposed to insecticides, chemicals and toxic substances shall be medically examined periodically, in such manner as may be prescribed, by the state government(6) every employer shall maintain health record of every worker who is exposed to insecticides, chemicals and toxic substances which are used, handled, stored or transported in a plantation, and every such worker shall have access to such record(7) every employer shall provide—(a) washing, bathing and clock room facilities; and (b) protective clothing and equipment, to every worker engaged in handling insecticides, chemicals or toxic substances in such manner as may be prescribed by the state government(8) every employer shall display in the plantation a list of permissible concentrations of insecticides, chemicals and toxic substances in the breathing zone of the workers engaged in the handling and application of such insecticides, chemicals and toxic substances(9) every employer shall exhibit such precautionary notices as may be prescribed by the state government indicating the hazards of insecticides, chemicals and toxic substances18b (1) the state government may, by notification in the official gazette, make rules to carry out the purposes of this chapterpower of state 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 restriction on employment of women and adolescents for handling hazardous chemicals under sub-section (2) of section 18a;(b) the qualifications of superviser appointed under sub-section (3) ofsection 18a;(c) the matters for training of workers under sub-section (4) of section18a;(d) the medical examination of workers under sub-section (5) of section18a;(e) the facilities and equipment to be provided to the workers engaged in handling insecticides, chemicals and toxic substances under sub-section (7) of section 18a;(f) the precautionary notices to be exhibited under sub-section (9) of section 18a"amendment of section 196 in section 19 of the principal act, in sub-section (1), the words "or child" shall be omittedinsertion of new section 247 after section 23 of the principal act, the following section shall be inserted, namely:—"24 no child shall be employed to work in any plantation"prohibition of employment of children8 in section 25 of the principal act,—amendment of section 25(a) the words "or child" shall be omitted; (b) in the marginal heading, the words "and children" shall be omitted9 in section 26 of the principal act,—amendment of section 26(a) in the opening portion, the words "child and no" shall be omitted; (b) in clause (b), the words "child or" shall be omittedamendment of section 2710 in section 27 of the principal act, in sub-section (1), the words "either as a child or" shall be omitted11 after section 32b, the following section shall be inserted, namely:—insertion of new section 32ccompensation8 of 1923"32c the employer shall give compensation to a worker in plantation in case of accident and the memorandum relating to such compensation shall be got registered by the employer with the commissioner in accordance with the provisions of the workmen's compensation act, 1923"amendment of sections 33, 35 and 3612 in sections 33, 35 and 36 of the principal act, for the words "three months, or with fine which may extend to five hundred rupees, or with both", wherever they occur, the words "six months, or with fine which may extend to ten thousand rupees, or with both" shall be substitutedamendment of section 3413 in section 34 of the principal act, for the words "one month, or with fine which may extend to fifty rupees, or with both," the words "two months, or with fine which may extend to one thousand rupees, or with both" shall be substitutedamendment of section 3714 in section 37 of the principal act, for the words "six months, or with fine which may extend to one thousand rupees, or with both", the words "one year, or with fine which shall not be less than ten thousand rupees but which may extend to one lakh rupees, or with both" shall be substituted15 for section 39, the following sections shall be substituted, namely:—substitution of new sections for section 39 cognizance of offences"39 no court shall take cognizance of any offence under this act except on a complaint made by any worker or an office bearer of a trade union of which such worker is a member or an inspector and no court inferior to that of a metropolitan magistrate or a judicial magistrate of the first class shall try any offence punishable under this act39a no suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this act"protection of action taken in good faith amendment of section 4316 in section 43 of the principal act, for sub-section (3), the following sub-section shall be substituted, namely:—"(3) every rule made by the state government under this act shall, as soon as may be after it is made, be laid before the state legislature" statement of objects and reasonsthe plantations labour act, 1951, provides for the welfare of labour and regulates the conditions of work in plantations one of the mojor problems of safety and health in plantations arises out of the risks associated with the growing use of agro-chemicals, especially insecticides, pesticides and herbicides at present, the act has no provisions for safety measures and precautions to be taken for the storage, utilisation and handling of such agrochemicals it is, therefore, considered necessary to amend the act to provide for safeguards to be adopted in the use and handling of such substances it is also necessary to amend the act to enable the central government to prohibit, restrict or regulate the employment of women and adolescents for handling hazardous chemicals in plantations it is, therefore, considered necessary to amend the act to prohibit employment of children below 14 years in plantations2 it has been felt that in order to ensure better implementation of welfare provisions under the act, specific targets may be fixed for provisions of certain facilities and that penalties for non-compliance of such provisions should be made more stringent it has also been considered necessary that the act should be amended to make provisions relating to the liability of an employer in regared to the workmen employed by a contractor engaged for the execution of work by such employer this act also needs to be suitably amended to modify the definition of "family", "employer" and "worker" to make such definitions broad based and gender sensitive and also to make implementation of the act more effective3 the bill seeks to achieve the above objectsnew delhi;oscar fernandesthe 1st october, 2008 memorandum regarding delegated legislationclause 5 of the bill seeks to insert a new chapter iv a containing provisions dealing with safety of workers this clause seeks to insert a new section 18a which empowers the central government to specify the manner in which, and the conditions and limitations subject to which women or adolescents may be employed for using or handling any hazardous chemical in a plantation this clause also seeks to insert a new section 18b which empowers the state governments to make rules for carrying out the purposes of the said chapter2 clause 11 of the bill seeks to insert a new section 32c to provide for the employer to give compensation to a worker in a plantation in case of accident and the memorandum relating to such compensation shall be registered by the employer with the commissioner in accordance with the provisions of the workmen's compensation act, 1923 clause 16 seeks to amend section 43 relating to power to make rules to provide for laying of the rules framed by the state government, before the state legislature3 the matters in respect of which rules may be made are matters of procedure and administrative details the delegation of the legislative power is therefore, of a normal character annexure extracts from the plantations labour act, 1951 ( 69 of 1951) definitions2 in this act, unless the context otherwise requires,— (e) "employer", when used in relation to a plantation, means the person who has the ultimate control over the affairs of the plantation, and where the affairs of any plantation are entrusted to any other person (whether called a managing agent, manager, superintendent or by any other name) such other person shall be deemed to be the employer in relation to that plantation;3[(ee) "family", when used in relation to a worker, means—(i) his or her spouse, and (ii) the legitimate and adopted children of the worker dependent upon him or her, who have not completed their eighteenth year, and includes, where the worker is a male, his parents dependent upon him; (k) "worker" means a person employed in a plantation for hire or reward, whether directly or through any agency, to do any work, skilled, unskilled, manual or clerical, but does not include—(i) a medical officer employed in the plantation; (ii) any person employed in the plantation (including any member of the medical staff) whose monthly wages exceed rupees seven hundred and fifty;(iii) any person employed in the plantation primarily in a managerial capacity, notwithstanding that his monthly wages do not exceed rupees seven hundred and fifty; or 7 (1) certifying surgeons(2) the certifying surgeon shall carry out such duties as may be prescribed in connection with—(b) the exercise of such medical supervision as may be prescribed where adolescents and children are, or are to be, employed in any work in any plantation which is likely to cause injury to their health 10 (1) medical facilities(2) if in any plantation medical facilities are not provided and maintained as required by sub-section (1) the chief inspector may cause to be provided and maintained therein such medical facilities, and recover the cost thereof from the defaulting employer chapter v hours and limitation of employmentweekly hours19 (1) save as otherwise expressly provided in this act, no adult worker shall berequired or allowed to work on any plantation in excess of forty-eight hours a week and no adolescent or child for more than twenty-seven hours a week 25 except with the permission of the state government, no women or child worker shall be employed in any plantation otherwise than between the hours of 6 am and 7 pm:night work for women and childrenprovided that nothing in this section shall be deemed to apply to midwives and nurses employed as such in any plantation26 no child and no adolescent shall be required or allowed to work in any plantation unless—non-adult workers to carry tokens(a) a certificate of fitness granted with reference to him under section 27 is in the custody of the employer; and(b) such child or adolescent carries with him while he is at work a token giving a reference to such certificatecertificate of fitness27 (1) a certifying surgeon shall, on the application of any young person or his parent or guardian accompanied by a document signed by the employer or any other person on his behalf that such person will be employed in the plantation if certified to be fit for work, or on the application of the employer or any other person on his behalf with reference to any young person intending to work, examine such person and ascertain his fitness for work either as a child or as an adolescent| | | | | ||------|------|------|------|-----| chapter vii penalties and procedureobstruction33 (1) whoever obstructs an inspector in the discharge of his duties under this actor refuses or wilfully neglects to afford the inspector any reasonable facility for making any inspection, examination or inquiry authorised by or under this act in relation to any plantation, 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(2) whoever wilfully refuses to produce on the demand of an inspector any register orother document kept in pursuance of this act, or prevents or attempts to prevent or does anything which he has reason to believe is likely to prevent any person from appearing before or being examined by an inspector acting in pursuance of his duties under this act,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 bothuse of false certificate of fitness34 whoever knowingly uses or attempts to use as a certificate of fitness granted tohimself under section 27 a certificate granted to another person under that section, or having been granted a certificate of fitness to himself, knowingly allows it to be used, or allows an attempt to use it to be made by another person, shall be punishable with imprisonment which may extend to one month, or with fine which may extend to fifty rupees,or with bothcontravention of provisions regarding employment of labour35 whoever, except as otherwise permitted by or under this act, contravenes anyprovision of this act or of any rules made thereunder, prohibiting, restricting or regulating the employment of persons in a plantation, 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 bothother offences36 whoever contravenes any of the provisions of this act or of any rules made thereunder for which no other penalty is elsewhere provided by or under this act 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 bothenhanced penalty after previous conviction37 if any person who has been convicted of any offence punishable under this act is again guilty of an offence involving a contravention of the same provision, he shall be punishable on a subsequent conviction with imprisonment which may extend to six months, or with fine which may extend to one thousand rupees, or with both:provided that for the purposes of this section no cognizance shall be taken of any conviction made more than two years before the commission of the offence which is being punished cognizance of offences39 no court shall take cognizance of any offence under this act except on complaint made by, or with the previous sanction in writing of, the chief inspector and no court inferior to that of a presidency magistrate or a magistrate of the second class shall try any offence punishable under this act 43(1) general power to make rules(3) all rules made under this act shall, if made by any government, other than the central government, be subject to the previous approval of the central government rajya sabha———— a bill further to amend the plantations labour act, 1951———— | Parliament_bills | 0a15eb19-dca4-5c3b-b1ab-e93291830be7 |
"the additional duties of lihcise (goods of special importance) amendment bill, 1990 a billfurther to amend the additional duties of excibe (goods of special importance) act, 1957 ba it enacted by parliament in the forty-first year of the republic of india as follows:-1' (1) this act may be called the additional duties of excise (geods short of special importance) amendment act, 1990 title and com· mencement s (2) it shall be deemed to have come into force on the lst day of april, 1990 2 in the additional duties of excise (goods of special importance) ~, 1957 (hereinafter referred to as the principal act), in the long title, for the words figures and letters "first report dated the 29th july 1988", 10 the words figures and letters "second report dated the 18th deeember 1989" shall be wbstituted amend· ment of long title of act 58 at 1957 substitu-3 in the principal act, for the second schedule, the following schetion dule shall be substituted, namely:-of new schedule for the second schedule "the second schedule (see section 4)distribution of additional duties during each of the financial years commencing on and after the the 1st day or apnj, 1990, there shall be paid to each of the -states specified in column (1) of the table below such percentage of the net proceeds of additional dudes levied and colleded during that flnandal year in respe~t of the goods described in column (3) of the _ first 10 schedule, after deducting therefrom a sum equal to 1903 per cedi of the said proceeds as being attributable to union territories, as is set out against it in colu:mn (2) of the saidl table: prvoided that if during that financial year there is leviedl and collected in any state a tax on the sale or pwtehase of the goods described 1 s in colllllld (3) of the first schedule or one or more of them biy or under any law of that stab!, on sums shall be payable to that sbde under this paragraph in respect of that financial year, udiess the cencrai government by special order otherwise directs table 20 -- state percentage ---~----------(1) (2) -~ --- - __-----_ andhra pradesh 76_ arunachal pradesh 0187 assam 2743 25 bihar 8317 goa 0zz8 gojant 5905 haryana 2317 himachal pradesh 0821 30 jammu and kashmir o9!9 karnataka 5865 kenl 3723 madhya pnuiesh '1-184 - -'------~- 11 • -----------------(1) (2) -------__-----------maharuhtra 0213 manipur 0190 m y 0068 5 mizoram 0120 nagaland 3-488 orissa 3533 puajalt 4881 rajasthan 0052 10 sikjdm 7084 tamil nadu 0278 tripura 14-857 uttar pradesh west bengal 8185" ---- ------------------------------- ~--the net proceeds of the additional duties of excise levied under tbit a44ttional duties of excise (goods of special importance) act 1»'7, on su,gar, tobacco, cotton fabrics, man-made fabrics and woollen fabri~ in replacement of the states' sales tax on these goods are distrtbtttetl1n accordance with the provisions of that act 2 the ninth finance commission in its first report dated the 29th july 1988 had recommended that the shares of the states in the additional duties of excise for the said goods be distributed by giving equal weightage to state domestic product and population the a-ge state domestic product of the states for the years 1982-83 to 1984-85 and the population as in 1971 census had been adopted by the said commission in arriving at the percentage shares of the states to give e«ect to the above recommendation of the commission the principal act was amended by the additional duties of excise (goods of special importance) amendment act, 1989 3 the ninth finance commission in its 'second report dated the 19th december, 1989 for the period 1990-95 has recommended that the sbarm of the states in the additional duties of excise for the said goods be distributed by giving equal weightage to state domestic product and population they have used the new series of comparable estimates or state domestic product averaged for three years 1982-83 to 1984-85 and the population as in 1981 census in determining the shares of the states inte1' se in the net proceeds of additional duties of excise 4 this bill seeks to amend the additional duties of excise (goods of special importance) act, 1957, for giving effect to the above recommendations of the ninth finance commission in its second report new delhi; the 25th april 1990 madhu dandavate president's recommendation under articles 117 and 274 of the constitution of india[copy of letter no 2 (4) -fcd/90 dated 30th april 1990 from prof madhu dandavate minister of finance to the secretary-general, lok sabha] ~ :-the president having been informed of the subject matter of the proposed bill to further amend the additional duties of excise (goods of special importance) act 1957, recommends under clauses (1) and (3) of article 117 and clause (1) of article 274 of the constitution, the introduction of the bill in lok sabha and also the consideration of the-bill r : ':" i(' clause 3 of the bill seeks to sublltitute the second schedule to the additional duties of excise (goods of special importance) act, 1957, to provide for payment to states of their share of additional duties of excise on sugar, tobacco, cotton fabrics, man-made fabrics and woollen fabrics levied and collected under the said a-ct in terms of the act, the entire net proceedtl, except the proceeds attributable to the union territqries are atributable to the states it is estimated that the payments to the states on this account during the year 1990-91 will amount to re 159872 crores 2 the bill does not involve any non-recurring expenditure annexure extracts from no: additional duties of excise (goods of sprcial importance) ak:t, 1957(58 of 1957) - - - - - an act to provide for the levy and collection of additional duties of excise on certain goods and for the distribution of a part of the net proceeds thereof a:nong the states in pursuance of the prineiples of distribution formulated and the recommendations made by the finance commission in its first report dated the 29th july, 1988 - - - - - the second schedule(see section 4) distribution of additional dutiesduring the financial year conunencing on the 1st day of april, 1989 there shall be paid to each of the states specified in column (1) of the table below such percentage of the net proceeds of additional duties levied and collected during the financial year in respect of th(' goods described in column (3) of the first schedule, after deducting therefrom a sum equal to 2023 per cent of the said proceeds as being attributable to union territories as is set out against it in column (2) of the said table: provided that if during the financial year there is levied and collected in any state a tax on the sale or purchase of the goods described in column (3) of the first schedule, or one or more of them by or under any law of that state no mung shall be payable to that state under this paragraph in respect of the financial year, unless the central government by special order otherwise directs " __--'_--- _ -- ----------------,------~--~-- _--- __----state percentage (1) (2) -----------andhra pradesh 7933 arunachal pradesh 0100 assam 2711 bihar 8519 (2) -----------------------goa 0230 gujarat 6094 haryana 2368 himachal pradesh 0652 jammu and kashmir 0916 knrnataka 5581 kerala 3834 madhya pradesh 7070 maharashtra 11763 manipur 0192 meghalaya 0179 mizoram 0061 0_127 nagaland orissa 3680 3478 punjab 4636 rajasthan 0048 sikkim '1120 tamu nadu 0279 tripura 14109 uttar pradesh 8330 west bengal a bill further to amend the additional duties of excise (goods of special importance) act" 1957 (prof· madhu dandavate, minister of finance) • | Parliament_bills | f656c12e-06b5-5c1d-aa8e-95f2064ad327 |
bill no 192 of 2014 the constitution (one hundred and twenty-second 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:—short title and commencement1 (1) this act may be called the constitution (one hundred and twenty-second amendment) act, 2014(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 commencement of that provision2 after article 246 of the constitution, the following article shall be inserted, namely:—insertion of new article246aparliament, and, subject to clause (2), the legislature of every state, have power to make laws with respect to goods and services tax imposed by the union or by such statespecial provision with respect to goods and services tax(2) parliament has exclusive power to make laws with respect to goods and services tax where the supply of goods, or of services, or both takes place in the course of inter-state trade or commerce5explanation—the provisions of this article, shall, in respect of goods and services tax referred to in clause (5), of article 279a, take effect from the date recommended by the goods and services tax council''amendment of article 2483 in article 248 of the constitution, in clause (1), for the word "parliament", the words,figures and letter "subject to article 246a, parliament" shall be substitutedamendment of article 249104 in article 249 of the constitution, in clause (1), after the words "with respect to", the words,figures and letter"goods and services tax provided under article 246a or" shall be insertedamendment ofarticle 2505 in article 250 of the constitution, in clause (1), after the words "with respect to", thewords, figures and letter "goods and services tax provided under article 246a or" shall be insertedamendment of article 2686 in article 268 of the constitution, in clause (1), the words "and such duties of exciseon medicinal and toilet preparations" shall be omitted15omission ofarticle 268a7 article 268a of the constitution, as inserted by section 2 of the constitution(eighty-eighth amendment) act, 2003 shall be omittedamendment of article 2698 in article 269 of the constitution, in clause (1), after the words "consignment ofgoods", the words, figures and letter "except as provided in article 269a" shall be inserted209 after article 269 of the constitution, the following article shall be inserted, namely:—| insertion | of ||--------------|---------|| new | article || 269a | || 25 | |''269a (1) goods and services tax on supplies in the course of inter-state trade or commerce shall be levied and collected by the government of india and such tax shall be apportioned between the union and the states in the manner as may be provided by parliament by law on the recommendations of the goods and services tax council| levy | and ||------------------|-------|| collection of | || goods | and || services tax in | || course of inter- | || state trade or | || commerce | |explanation—for the purposes of this clause, supply of goods, or of services, or both in the course of import into the territory of india shall be deemed to be supply of goods, or of services, or both in the course of inter-state trade or commerce30(2) parliament may, by law, formulate the principles for determining the place of supply, and when a supply of goods, or of services, or both takes place in the course of inter-state trade or commerce''10 in article 270 of the contitution,—amendment of article 27035(i) in clause (1), for the words, figures and letter "articles 268, 268a and article269", the words, figures and letter "articles 268, 269 and article 269a" shall be substituted;(ii) after clause (1), the following clause shall be inserted, namely:—40''(1a) the goods and services tax levied and collected by the government of india, except the tax apportioned with the states under clause (1) of article 269a, shall also be distributed between the union and the states in the manner provided in clause (2)''amendment of article 27111 in article 271 of the constitution, after the words ''in those articles'', the words, figures and letter ''except the goods and services tax under article 246a,'' shall be inserted12 after article 279 of the constitution, the following article shall be inserted, namely:—insertion of new article279a goods and services tax council''279a (1) the president shall, within sixty days from the date of commencement of the constitution (one hundred and twenty-second amendment) act, 2014, by order, constitute a council to be called the goods and services tax council5(2) the goods and services tax council shall consist of the following members, namely:—(a) the union finance ministerchairperson;(b) the union minister of state in charge of revenue orfinancemember;10(c) the minister in charge of finance or taxation or any other ministernominated by each state governmentmembers(3) the members of the goods and services tax council referred to in sub-clause (c) of clause (2) shall, as soon as may be, choose one amongst themselves to be the vice-chairperson of the council for such period as they may decide15(4) the goods and services tax council shall make recommendations to the union and the states on—(a) the taxes, cesses and surcharges levied by the union, the states and the local bodies which may be subsumed in the goods and services tax;(b) the goods and services that may be subjected to, or exempted from thegoods and services tax;20(c) model goods and services tax laws, principles of levy, apportionment of integrated goods and services tax and the principles that govern the place of supply;25(d) the threshold limit of turnover below which goods and services may be exempted from goods and services tax;(e) the rates including floor rates with bands of goods and services tax;(f) any special rate or rates for a specified period, to raise additionalresources during any natural calamity or disaster;30(g) special provision with respect to the states of arunachal pradesh,assam, jammu and kashmir, manipur, meghalaya, mizoram, nagaland, sikkim, tripura, himachal pradesh and uttarakhand; and(h) any other matter relating to the goods and services tax, as the council may decide35(5) the goods and services tax council shall recommend the date on which the goods and services tax be levied on petroleum crude, high speed diesel, motor spirit (commonly known as petrol), natural gas and aviation turbine fuel(6) while discharging the functions conferred by this article, the goods and services tax council shall be guided by the need for a harmonised structure of goods and services tax and for the development of a harmonised national market for goods and services40(7) one half of the total number of members of the goods and services tax council shall constitute the quorum at its meetings(8) the goods and services tax council shall determine the procedure in the performance of its functions(9) every decision of the goods and services tax council shall be taken at a meeting, by a majority of not less than three-fourths of the weighted votes of the members present and voting, in accordance with the following principles, namely:—(a) the vote of the central government shall have a weightage of onethird of the total votes cast, and5(b) the votes of all the state governments taken together shall have a weightage of two-thirds of the total votes cast, in that meeting10(10) no act or proceedings of the goods and services tax council shall be invalid merely by reason of—(a) any vacancy in, or any defect in, the constitution of the council; or(b) any defect in the appointment of a person as a member of the council; or(c) any procedural irregularity of the council not affecting the merits of the case15(11) the goods and services tax council may decide about the modalities to resolve disputes arising out of its recommendation"13 in article 286 of the constitution,—amendment of article 286(i) in clause (1),—20(a) for the words "the sale or purchase of goods where such sale or purchase takes place", the words "the supply of goods or of services or both, where such supply takes place" shall be substituted;(b) in sub-clause (b), for the word "goods", at both the places where it occurs the words "goods or services or both" shall be substituted; (ii) in clause (2), for the words "sale or purchase of goods takes place", the words "supply of goods or of services or both" shall be substituted;25(iii) clause (3) shall be omitted14 in article 366 of the constitution,—amendment of article 366(i) after clause (12), the following clause shall be inserted, namely:—30'(12a) "goods and services tax" means any tax on supply of goods, or services or both except taxes on the supply of the alcoholic liquor for human consumption;'; (ii) after clause (26), the following clauses shall be inserted, namely:—'(26a) "services" means anything other than goods;35(26b) "state" with reference to articles 246a, 268, 269, 269a and article279a includes a union territory with legislature;'amendment of article 36815 in article 368 of the constitution, in clause (2), in the proviso, in clause (a), for the words and figures "article 162 or article 241", the words, figures and letter "article 162, article 241 or article 279a" shall be substituted16 in the sixth schedule to the constitution, in paragraph 8, in sub-paragraph (3),—40(i) in clause (c), the word "and" occurring at the end shall be omitted;amendment of sixth schedule(ii) in clause (d), the word "and" shall be inserted at the end; (iii) after clause (d), the following clause shall be inserted, namely:—"(e) taxes on entertainment and amusements"17 in the seventh schedule to the constitution,—amendment of seventh schedule(a) in list i - union list,—(i) for entry 84, the following entry shall be substituted, namely:—"84 duties of excise on the following goods manufactured or produced in india, namely:—5(a) petroleum crude; (b) high speed diesel; (c) motor spirit (commonly known as petrol); (d) natural gas;10(e) aviation turbine fuel; and (f) tobacco and tobacco products";(ii) entries 92 and 92c shall be omitted;(b) in list ii - state list,—(i) entry 52 shall be omitted; (ii) for entry 54, the following entry shall be substituted, namely:—15"54 taxes on the sale of petroleum crude, high speed diesel, motor spirit (commonly known as petrol), natural gas, aviation turbine fuel and alcoholic liquor for human consumption, but not including sale in the course of inter-state trade or commerce or sale in the course of international trade or commerce of such goods";20(iii) entry 55 shall be omitted; (iv) for entry 62, the following entry shall be substituted, namely:—25"62 taxes on entertainments and amusements to the extent levied and collected by a panchayat or a municipality or a regional council or a district council"3018 (1) an additional tax on supply of goods, not exceeding one per cent in the course of inter-state trade or commerce shall, notwithstanding anything contained in clause (1) of article 269a, be levied and collected by the government of india for a period of two years or such other period as the goods and services tax council may recommend, and such tax shall be assigned to the states in the manner provided in clause (2)arrangement for assignment of additional tax on supply of goods to states for two years or such other period recommended by the council(2) the net proceeds of additional tax on supply of goods in any financial year, except the proceeds attributable to the union territories, shall not form part of the consolidated fund of india and be deemed to have been assigned to the states from where the supply originates35(3) the government of india may, where it considers necessary in the public interest, exempt such goods from the levy of tax under clause (1)(4) parliament may, by law, formulate the principles for determining the place of origin from where supply of goods take place in the course of inter-state trade or commerce4019 parliament may, by law, on the recommendation of the goods and services taxcouncil, provide for compensation to the states for loss of revenue arising on account of implementation of the goods and services tax for such period which may extend to five yearscompensation to states for loss of revenue on account of introduction of goods and services taxtransitional provisions520 notwithstanding anything in this act, any provision of any law relating to tax ongoods or services or on both in force in any state immediately before the commencement of this act, which is inconsistent with the provisions of the constitution as amended by this act shall continue to be inforce until amended or repealed by a competent legislature or other competent authority or until expiration of one year from such commencement, whichever is earlierpower of president to remove difficulties1021 (1) if any difficulty arises in giving effect to the provisions of the constitution asamended by this act (including any difficulty in relation to the transition from the provisions of the constitution as they stood immediately before the date of assent of the president to this act to the provisions of the constitution as amended by this act), the president may, by order, make such provisions, including any adaptation or modification of any provision of the constitution as amended by this act or law, as appear to the president to be necessary or expedient for the purpose of removing the difficulty:15provided that no such order shall be made after the expiry of three years from the dateof such assent(2) every order made under sub-section (1) shall, as soon as may be after it is made, be laid before each house of parliament statement of objects and reasonsthe constitution is proposed to be amended to introduce the goods and services tax for conferring concurrent taxing powers on the union as well as the states including union territory with legislature to make laws for levying goods and services tax on every transaction of supply of goods or services or both the goods and services tax shall replace a number of indirect taxes being levied by the union and the state governments and is intended to remove cascading effect of taxes and provide for a common national market for goods and services the proposed central and state goods and services tax will be levied on all transactions involving supply of goods and services, except those which are kept out of the purview of the goods and services tax2 the proposed bill, which seeks further to amend the constitution, inter alia, provides for—(a) subsuming of various central indirect taxes and levies such as central excise duty, additional excise duties, excise duty levied under the medicinal and toilet preparations (excise duties) act, 1955, service tax, additional customs duty commonly known as countervailing duty, special additional duty of customs, and central surcharges and cesses so far as they relate to the supply of goods and services;(b) subsuming of state value added tax/sales tax, entertainment tax (other than the tax levied by the local bodies), central sales tax (levied by the centre and collected by the states), octroi and entry tax, purchase tax, luxury tax, taxes on lottery, betting and gambling; and state cesses and surcharges in so far as they relate to supply of goods and services;(c) dispensing with the concept of 'declared goods of special importance' under the constitution;(d) levy of integrated goods and services tax on inter-state transactions of goods and services;(e) levy of an additional tax on supply of goods, not exceeding one per cent in the course of inter-state trade or commerce to be collected by the government of india for a period of two years, and assigned to the states from where the supply originates;(f) conferring concurrent power upon parliament and the state legislatures to make laws governing goods and services tax;(g) coverage of all goods and services, except alcoholic liquor for human consumption, for the levy of goods and services tax in case of petroleum and petroleum products, it has been provided that these goods shall not be subject to the levy of goods and services tax till a date notified on the recommendation of the goods and services tax council(h) compensation to the states for loss of revenue arising on account of implementation of the goods and services tax for a period which may extend to five years;(i) creation of goods and services tax council to examine issues relating to goods and services tax and make recommendations to the union and the states on parameters like rates, exemption list and threshold limits the council shall function under the chairmanship of the union finance minister and will have the union minister of state in charge of revenue or finance as member, along with the minister in-charge of finance or taxation or any other minister nominated by each state government it is further provided that every decision of the council shall be taken by a majority of not less than three-fourths of the weighted votes of the members present and voting in accordance with the following principles:—(a) the vote of the central government shall have a weightage of one-third of the total votes cast, and(b) the votes of all the state governments taken together shall have a weightage of two-thirds of the total votes cast in that meetingillustration:in terms of clause (9) of the proposed article 279a, the "weighted votes of the members present and voting" in favour of a proposal in the goods and services tax council shall be determined as under:—wt = wc+ws where, wt = wc + ws =× sfwstspwherein— wt = total weighted votes of all members in favour of a proposal wc = weighted vote of the union = ie, 3333% if the union is in favour of the1 3proposal and be taken as "0" if, union is not in favour of a proposalws = weighted votes of the states in favour of a proposal sp = number of states present and voting wst = weighted votes of all states present and voting ie, ie, 6667%2 3sf = number of states voting in favour of a proposal(j) clause 20 of the proposed bill makes transitional provisions to take care of any inconsistency which may arise with respect to any law relating to tax on goods or services or on both in force in any state on the commencement of the provisions of the constitution as amended by this act within a period of one year 3 the bill seeks to achieve the above objectsnew delhi;arun jaitleythe 18th december, 2014 ———— president's recommendation under article 117 of the constitution of india[copy of letter no s-31011/07/2014-so(st), dated the 18th december, 2014 from shri arun jaitley, minister of finance to the secretary-general, lok sabha]the president, having been informed of the subject matter of the proposed bill, recommends under clauses (1) and (3) of article 117, read with clause (1) of article 274, of the constitution of india, the introduction of the constitution (one hundred and twenty-second amendment) bill, 2014 in lok sabha and also the consideration of the bill financial memorandumclause 12 of the bill seeks to insert a new article 279a in the constitution relating to constitution of goods and services tax council the council shall function under the chairmanship of the union finance minister and will have the union minister of state incharge of revenue or finance as member, along with the minister in-charge of finance or taxation or any other minister nominated by each state government2 the creation of goods and services tax council will involve expenditure on office expenses, salaries and allowances of the officers and staff the objective that the introduction of goods and services tax will make the indian trade and industry more competitive, domestically as well as internationally and contribute significantly to the growth of the economy, such additional expenditure on the council will not be significant3 at this stage, it will be difficult to make an estimate of the expenditure, both recurring and non-recurring on account of the constitution of the council4 further, it is provided for compensation to the states for loss of revenue arising on account of implementation of the goods and services tax for such period which may extend to five years the exact compensation can be worked out only when the provisions of the bill are implemented memorandum regarding delegated legislationclause 12 of the bill seeks to insert a new article 279a relating to the constitution of a council to be called the goods and services tax council clause (1) of the proposed new article 279a provides that the president, shall within sixty days from the date of the commencement of the constitution (one hundred and twenty-second amendment) act, 2014, by order, constitute a council to be called the goods and services tax council clause (8) of the said article provides that the council shall determine the procedure in the performance of its functions2 the procedures, as may be laid down by the goods and services tax council in the performance of its functions, are matters of procedure and details the delegation of legislative power is, therefore, of a normal character annexure extracts from the constitution of india 248 (1) parliament has exclusive power to make any law with respect to any matter not enumerated in the concurrent list or state listresiduary powers of legislationpower ofparliament to legislate with respect to a matter in the state list in the national interest249 (1) notwithstanding anything in the foregoing provisions of this chapter, if the council of states has declared by resolution supported by not less than two-thirds of the members present and voting that it is necessary or expedient in the national interest that parliament should make laws with respect to any matter enumerated in the state list specified in the resolution, it shall be lawful for parliament to make laws for the whole or any part of the territory of india with respect to that matter while the resolution remains in force250 (1) notwithstanding anything in this chapter, parliament shall, while a proclamation of emergency is in operation, have power to make laws for the whole or any part of the territory of india with respect to any of the matters enumerated in the state listpower of parliament to legislate with respect to any matter in the state list if a proclamation of emergency is in operation distribution of revenues between the union and the states268 (1) such stamp duties and such duties of excise on medicinal and toilet preparations as are mentioned in the union list shall be levied by the government of india but shall be collected—duties levied by the union but collected and appropriated by the states(a) in the case where such duties are leviable within any union territory, by the government of india, and(b) in other cases, by the states within which such duties are respectively leviable268a (1) taxes on services shall be levied by the government of india and such tax shall be collected and appropriated by the government of india and the states, in the manner provided in clause (2)(2) the proceeds in any financial year of any such tax levied in accordance with the provisions of clause (1) shall be—| service | tax ||-----------------|--------|| levied by union | || and collected | || and | appro- || priated by the | || union and the | || states | |(a) collected by the government of india and the states; (b) appropriated by the government of india and the states, in accordance with such principles of collection and appropriation as may be formulated by parliament by law269 (1) taxes on the sale or purchase of goods and taxes on the consignment of goods shall be levied and collected by the government of india but shall be assigned and shall be deemed to have been assigned to the states on or after the 1st day of april, 1996 in the manner provided in clause (2)taxes levied and collected by the union but assigned to the statesexplanation—for the purposes of this clause,—(a) the expression "taxes on the sale or purchase of goods" shall mean taxes on sale or purchase of goods other than newspapers, where such sale or purchase takes place in the course of inter-state trade or commerce;(b) the expression "taxes on the consignment of goods" shall mean taxes on the consignment of goods (whether the consignment is to the person making it or to any other person), where such consignment takes place in the course of inter-state trade or commercetaxes levied and distributed between the union and the states270 (1) all taxes and duties referred to in the union list, except the duties and taxes referred to in articles 268, 268a and 269, respectively, surcharge on taxes and duties referred to in article 271 and any cess levied for specific purposes under any law made by parliament shall be levied and collected by the government of india and shall be distributed between the union and the states in the manner provided in clause (2)271 notwithstanding anything in articles 269 and 270, parliament may at any time increase any of the duties or taxes referred to in those articles by a surcharge for purposes of the union and the whole proceeds of any such surcharge shall form part of the consolidated fund of indiasurcharge on certain duties and taxes for purposes of the union286 (1) no law of a state shall impose, or authorise the imposition of, a tax on the sale or purchase of goods where such sale or purchase takes place—(a) outside the state; or restrictions as to imposition of tax on the sale or purchase of goods(b) in the course of the import of the goods into, or export of the goods out of, the territory of india (2) parliament may by law formulate principles for determining when a sale or purchase of goods takes place in any of the ways mentioned in clause (1)(3) any law of a state shall, in so far as it imposes, or authorises the imposition of,—(a) a tax on the sale or purchase of goods declared by parliament by law to be of special importance in inter-state trade or commerce; or(b) a tax on the sale or purchase of goods, being a tax of the nature referred to in sub-clause (b), sub-clause (c) or sub-clause (d) of clause (29a) of article 366, be subject to such restrictions and conditions in regard to the system of levy, rates and other incidents of the tax as parliament may by law specify part xx amendment of the constitution368 (1) power of parliament to amend the constitution and procedure therefore(2) an amendment of this constitution may be initiated only by the introduction of a bill for the purpose in either house of parliament, and when the bill is passed in each house by a majority of the total membership of that house and by a majority of not less than two-thirds of the members of that house present and voting, it shall be presented to the president who shall give his assent to the bill and thereupon the constitution shall stand amended in accordance with the terms of the bill:provided that if such amendment seeks to make any change in—(a) article 54, article 55, article 73, article 162 or article 241, or(b) chapter iv of part v, chapter v of part vi, or chapter i of part xi, or(c) any of the lists in the seventh schedule, or(d) the representation of states in parliament, or (e) the provisions of this article,the amendment shall also require to be ratified by the legislatures of not less than onehalf of the states by resolutions to that effect passed by those legislatures before the bill making provision for such amendment is presented to the president for assent sixth schedule [articles 244(2) and 275(1)] provisions as to the administration of tribal areas in the states of assam, meghalaya, tripura and mizoram 8 (1) (3) the district council for an autonomous district shall have the power to levy and collect all or any of the following taxes within such district, that is to say—powers to assess and collect land revenue and to impose taxes (c) taxes on the entry of goods into a market for sale therein, and tolls on passengers and goods carried in ferries; and(d) taxes for the maintenance of schools, dispensaries or roads seventh schedule (article 246) list i- union list 84 duties of excise on tobacco and other goods manufactured or produced in india except—(a) alcoholic liquors for human consumption; (b) opium, indian hemp and other narcotic drugs and narcotics,but including medicinal and toilet preparations containing alcohol or any substance included in sub-paragraph (b) of this entry 92 taxes on the sale or purchase of newspapers and on advertisements published therein 92c taxes on services list ii-state list 52 taxes on the entry of goods into a local area for consumption, use or sale therein 54 taxes on the sale or purchase of goods other than newspapers, subject to the provisions of entry 92a of list i55 taxes on advertisements other than advertisements published in the newspapers and advertisements broadcast by radio or television62 taxes on luxuries, including taxes on entertainments, amusements, betting and gambling ———— a billfurther to amend the constitution of india————gmgipmrnd—3824ls—18122014 [to be/as introduced in lok sabha]1 page 2, line 32, - for "contitution,–" read "constitution,–" 2 page 4, line 16, - for "of its recommendation"" read "of its recommendations"" 3 page 5, in the marginal citation against clause 18, - for "by the council" read "by council" 4 page 8, omit line 11 new delhi; december 19, 2014 ______ agrahayana 28, 1936 (saka) | Parliament_bills | 405f3b0d-b474-5c7b-bc1e-0f296b2a432a |
bui no 29 of 1983 the appropriation bill 1983 bill10 authorise payment and oppropriation 01 certain further sums from and out of ~ consolidated fund 01 india for the ~rvicej 01 the financial year 1982·83 be it enacted by parliament in the thirtyfourth year of the republic of india as follows:-1 this act may be called the appropriation act 1983 short title issue of 2 from and out; of the consolidated fuad of india there may be- paid 5 and applied sums not exceeding those specified in column 3 of the schedule amounting in the aggregate to tbe sum of thirteen thousand eight bundred and ninety·nine crores, seventy· two lakhs and twenty thousand rupees towards defraying the several charges which will come in course of payment during the financial year 1982·83 in respect of the services specified in 10 column 2 of the scbedule ~ 13899 7220,000 out of the consolidated fund of india for the ,ear 1982·83 3 the sums authorised to be paid and applied from and out of the appropria consolidated fund of india by this act shall be appropriated for the services tion and purposes expressed in the schedple in relation to the said year rs sums not cxcccdina no of vote services and purposes ~------- ~------------- 5 voted by 1 cbarpd on i parliament the conao-total lidatcd fund -----------1-------·----1---rs 10 i 14,45,000 14,45,000 department of aariculture and c0-operation revenue i,so,ooo 2 agriaulture revenue 41,12,33,000 41,12,33,000 4 animal husbandry and dairy devo-iopment revenue 1,000 s forest 2,91,50,000 1,9',jo,000 6 co-operatlon - capital 45,73,72,000 20 45,73,72000 7 department of food revenue 5,89,000 589000 8 department of agri·l cultural re&carch and education - revenue 1,000 fl,ooo 25 10 ministry of civil supplies revenue 22,01,000 22,01,000 11 ministry of com-~ revenue 1,000 1,000 12 foreign trade and export production revenue capital 720,62,08000 720,62,08,000 30 2,000 2,000 13 telttiles handloom and handiaafts ravenuc capital 48,68,09,000 48,68,09,000 10,06,000 14 ministry ofcommu-dications rove1ie 10,06,000 35 j 45382,000 is ovarseas communications scirvict revenue capital 4,53,82,000 r 1,000 ',000 16 posts and telegraphs -workilll expao-115,5543,000 los rovcinue ',' 11$,55,43000 <to 12,2728,000 12,27,28,000 19 ministry of defence revcllluo capital 879,60,000 879,60000 i 2 3 - -----,- ---------------sums not exceediq , ------no services ad putpoiii i or voted by cbirpd on the total 5 vote parliament codlolidated fund ---- -- ---- ------------ -------lb ri ils 20 def'ence scrvi~ anny revenue 12,31,,8,000 12431,'8,000 22 defence knees -10 air porce revenue 112,29,50,000 1,50,000 112,31,00000 23 defence services -pensions revelluo 14,6,,00,000 14,65,00000 2a capital outlay on def'ence services capital 42,09,00,000 60,00,000 42,69,00,000 15 2s department or education revenue 8,110,000 8,soooo 26 education~ revenue 19,84,27,000 29,84,%7,000 capital 71,51,000 l71,'i,ooo 27 department or ~o culture revenue 45,87,000: 45,87,000 28 archaeolo8y - rcvedue '57,21,000 ; 5721,000 , 29 department or coal capital 1,000 1,000 30 deputment or power, revenue 13,40,16,000 13,40,26,000 capital] 93,10,59,000 93,10,59000 25 31 ministry of external affairs revenue 17,73,78,000 17,73,78,000 capital, 17,84,37,000 17,84,37,000 32 ministry of finance [revenue 5,12,28,000 84,000 5,13,12,000 30 33 customs irevenue 1,%7,93,000 i 1,27,93,000 , 34 union excise duties revenue 6,64,56,000 6,64,56,000 35 taxes on income, estate dutr, wealth 8,75,76,000 8,75,85,000 tax and gift tax revenue 9,000 37 audit - revenue 10,38,09,000 19,9:1,000 10,58,01,000 35 38 cumncy, coidaf and midt revenue 5,96,64,000 95,000 5/n,59,ooo 39 pensiodi !revenue 24,80,09,000 24,80,09,000 41 tradsfcn to state 222,80,80,000 f 27244,80,000 gcmil'iiiiicilts revenue 49,64,00,000 40 capital 4' 980,:10,000 !,419,80,20,ooo cra •• ad-i,",,; payme1ll1 revenue lsooo,oo,ooo ~l50,ooij),ooo -------_ ------sums dot oxceedm, votod by charpd od tho tetal 5 parliament 'codlolidated no of services and purposes votid puad rs as as 32,03,20,000 10 l,~,83,ooo 31,00,37,000 c!iailobd-repayment of debt - capital 11000,00,00,000 11000,00,00000 ! 42 other expenditure of the ministry of finance capital i 44 ministry of health and family welfare revenue 18,18,000 18,18,000 45 medical and public health revenue 3,25,71,000 15 3,25,71,000 capitll 1000 1,000 revenue 46 \1 family welfllnl 50,40,81,000 50,40,81,000 47 ministry of home affairs revenue 55,04000 000] 20 5s,04, cabinet 48 revenue 73,19,000 7319,000 49 department of per· ~ sonnel and administrative reforms revcnue 98,52,000 98,52,000 so police - revenue 44,90,16,000 44,90,16,000 25 s~ other expenditure or the ministry of home affain - revedue 14,91,54,(100 ls,41 ,67,000 ;0,13,000 capital 22,38,03,000 22,6s,19,ooo 53 deihl, revenue 31,30,13,000 :is,r3,ooo 31,55,26,000 30 capital 29,06,80,000 32,73,48,000 3,66,68,000 54 cllandiaarh - revenue 4,25,57,000 23,58,000 4,49,1',000 capital 23,000 23000 m andaman and nicobar islands reveoue 15,57,000 35 8,o~ooo 56 dadra and nagar haveu revenue 8°5,000 16,6~,ooo 57 iabhadweep capital 1665000 58 ministry rir industry revenue f"43,03,ooo 59 industries revenue capital 117\\,74°00 51,80,71,000 ii" 11,74,000 40 51,807 1•000 61 ministry of informatift11 and brolldcasting revenue 10,00000 - 10,00,000 i 45 62 information and publicity' revenue 62,00,000 63 broadcasting !!b4,oo,ooo 1,000 revenue capital 2114,00,000 1,000 1,000 mini8try of irrigation revenue 1,000 18,38,000 miaistry of labour - revenue i i i no sums not exceedlaa of services and purposes vote voted by cwpdodtbe i parliament consolidated , 5 i fund total rs ri as 68 administration of justice revenue '9oe000 19,00,000 6g" ministry of ~tro-10 leum chc!micals and fertilizcl'l revenue i 8,00,000 8,00,000 70 petroleum and petro-chemicals industries capital 5,000 5,000 11,000 11,000 15 71 i chemicals and fer-' i tilizcn industries revenue +6,99000 +699000 capital i 76 ministry of ship ping and transport revenue 46,54,000 +6;54,000 20 77 ;'roads revenue 8,05,66,000 8,05,66,000 capital 25,31,60,000 8501 1 ,60,eoo 78 ports, lighthouses i and shipping revenue 8,69,48,000 86948000 79 road and inland !l5 water transpar~ capital 4,99,00,000 ,99000,000 81 department of steel capital 1,000 ',000 811 department of mine revenue 1,000 1000 (capital 11,000 1,000 83 department of 30 supply revcnur 2,94,000 li,94,ooo 8+ suppliesaod revenue disposals 50,00,000 50000,000 86 ministry of tourism add civil aviation revenue 11,93,0001 11,93,000 35 88 aviation rt'venue "79,13,000 79,13,000 capital 11,000 1,000 8g tourism capital 5,110,00,000 5,20,00,000 go minitty of work' revenllt' and houling k)4'35'~ i ',55,000 40 91 public works revenue 3?,~ 33,000 911 water supply and revenue 1,78,7!l,ooo 1,78,70,000 sewerage 93 housing and urban revenue 6,80,000 6,80,000 ij development 45 capital 3,11i,01,ooo 3,11,01,000 94 stationery and printing revenue +,18,54,000 30,000 +>188+,000 95 department of revenue 350000 atomic energy 3,50,000 96 atomic energy, resean:h, development 50 and industrial projects capital 11,00,00000 11,00,00,000 _ _ _ ~_4 -- -------------------~-- --------~ -- -\--- --s,;-,;;;~;;,;~;;----- ---no servicc ad pul'polel _ - - -- - - -------- - _- - - - - __ _ of' voted by charged on the vote parliament ooluolidated total fund 5 -- - ---iu ri iu 1,000 ' 1,000 g8 department or electrollics - revenue 11l143,50,ooo 17,00,00,000 ill,43,50,ooo 10 17,00,00,000 100 department or ocean development rc-vellue capital 2,000 ll,ooo 101 dtpartment of sciencc ad technology revenue 6,75,00,000 15 6,75,00,000 103 grants to council '- of scientific and industrial reaearcb : revenue 10, department of space - revenue capital 70,000 1,66,000 1110 70,000 1,66,00 revenue 106 15,13,000 rajya sabba 107 revenue 2,30,000 department of parliamentary aft'ain revenue csaaoiltd-sliil1, hoiiilaold iiiui allorrnmmi qf '" pruitll/ll' - 27,40,000 lob secretariat or the vice-preideut revenue 73,000 73,000 revenue 47,66,000 47,66,000 toral this bill is introduced in pursuance of article 114(1) of the constitutioo of india, read with article 115 thereof, to provide for ~he appropriation out of the consolidated fund of india of the moneys required to meet the supplementary expenditure charged on the consolidated fund of india and the grants made by the lok sabha for expenditure of the central government excluding railways, for the financial year 1982-83 , president's recommendation under article 117 of the constitution of india[copy of letter no f 4(30)-b(se)/83, dated the 12th march, 1983 from shri pranab kumar mukherjee, minister of finance to the secretary,' lokl sabha] the president, having been informed of the subject matter of the proposed biu to authorise appropriation of certain further sums from and out of the consolidated fund of india for the services of the financial year ending on the 31 st day of march, 1983, recommends the introduction of the appropriation bill 1983 in lok sabha and also recommends to lok sabha the consideration of the bill under article 117 ( 1) and (3) of the constitution read with ,article 11 5 (2 ) thereof 2 the bill will be introduced in lok sabha after all the supplementary de1d9l1ds for grants for 1982-83 have been voted , abill -to authorise payment and appropriation of certain further sums from and! out of the consolidated fund of india for the services of the financiat }err! 982-83 (shri pr!wjb kumar mukherje8, minister of finance) | Parliament_bills | 85205262-35b1-5ffb-9ca2-26e4c2b6978b |
h generality of the foregoing p (2) without prejudice to t e or any of the following rnoawt �ts, rovide for all t\?rs such rutes may p namely:- nd allowances and other terms 8itld condju (a) the saloric;r:siding officers, recovery officers and ot�::of service of the f the tribunal and the appellate tribun 1officers and employees o " under se�tions 7, 12 a,nd 13; dure for the inveshgati<>n of mrsbehnviour '° (b) the f ;�:c·�residing officers of the tribunals and appellat:rncapac1ty o t' (3) of section 15; tribunals under sub-sec ion (c) the form in which an apphc�uon may be made under sec 19 th documents and other evidence by which such applica tion ' e d h f bl"-i tiop shall be accompanied an t e ees paya , n respect of the filing of such application; (d) the form in which an appeal may be filed before the appellate tribunal upder section 20 and the fees ·payable in respect of such appeal; (�) any other matter which is req·uired: to h'2, or !hay be, prescribed (3) every rule made by the central governmept under this act shall be laid, as soon as rriay 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, 15efore the expiry of the sessi<;>p 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 ohly 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 ivalidity of anything previously done under that rule ord 25 of 1993 repeal and saving 37 (1) the recovery of debts due to banks and financial institutions ordinapce, 1993 is hereby repealed (2)notwithstanding such repeal, anything done or · any· action taken under the said ordi:nance, shall be de-cmed to have been done or takep under the corresponding provisions of this act | Parliament_bills | 5fa53e99-ec90-5d73-a6e0-4afb5c7d3851 |
bill no 15 of 2018 the drugs and cosmetics (amendment) bill, 2018 by shrimati kavitha kalvakuntla, mp a billfurther to amend the drugs and cosmetics act, 1940be it enacted by parliament in the sixty-ninth year of the republic of india as follows:—1 (1) this act may be called the drugs and cosmetics (amendment) act, 2018short title and commencement5(2) it shall come into force on such date as the central government may, by notificationin the official gazette, appoint23 of 19402 in the drugs and cosmetics act, 1940, after chapter iii, the following chapter shallbe inserted, namely:—insertion of new chapter iiia "chapter iiia clinical trials of drugs10constitution of accreditation board15a (1) the central government shall, by notification in the official gazette,constitute a board to be known as the clinical trials accreditation board which consists of the following members, namely:—(a) secretary to the government of india, ministry of health and family welfare, department of health and family welfare—chairperson, ex-officio;(b) directors of all all-india institutes of medical sciences—members, ex-officio; (c) director-general of health services, directoratre general of health services, new delhi—members, ex-officio;5(d) director, post graduate institute of medical education and research, chandigarh—member, ex-officio;(e) director, post graduate institute of medical education and research, new delhi—member, ex officio; and10(f) director, jawaharlal institute of post graduate medical education and research, puducherry—member, ex-officio; (2) the accreditations board shall accredit investigators and trial sites for conduct of clinical trial of drugs15(3) the accreditation board shall appoint a registrar to maintain a registry of clinical trials and their outcomes(4) the accreditation board shall constitute a committee of experts to examine applications for conduct of clinical trials by accredited investigators(5) the accreditation board shall appoint such officers and staff as are necessary for discharge of its functions under this act20conduct of clinical trials15b (1) a clinical trial shall be conducted only by an accredited investigator entity atan accredited trial site(2) an accredited investigator shall apply to the committee of experts for permission to conduct clinical trials25(3) each such application shall be examined by the committee of experts, with specialreference to, but without prejudice to examination of any other aspect that may be relevant, the possibility of serious adverse consequences for human subjects, existence of free and informed consent of human subjects and the provisions for adequate compensation in thecase of any injury or adverse effect on such subjects due to the clinical trial(4) the committee of experts shall give its decision on an application for clinical trialwithin sixty days:30provided that the accreditation board may, for reasons to be recorded in writing,reverse the decision of the committee of experts within a period of ten days from the date of decision of the committee of expertsinformed consent15c every human subject participating in a clinical trial shall be informed about theentire procedure of clinical trial and the possible adverse effects of such trial on his health:35provided that unless an application for clinical trial is accompanied by adeclaration of free and informed consent made by such human subject, no permission for clinical trial shall be grantedcompensation4015d every human subject participating in a clinical trial or his legal heirs, as the casemay be, shall be paid adequate monetary compensation in the case of any adverse effect on his health during the course of a clinical trial or as an after-effect of the trial:provided that in the case of death of the human subject or a serious adverseeffect on his health causing permanent disability, the compensation shall not be less than ten lakh rupeespenalty for conducting clinical trial without permission15e (1) whoever, himself or by any other person on his behalf, conducts clinical trial of drugs without obtaining permission under section 15b, shall be punished with imprisonment for a term which shall not be less than three years and shall also be liable to fine which shall not be less than twenty lakh rupees5(2) whoever, himself or by any other person on his behalf, conducts clinical trialwithout obtaining permission and such trial causes grievous hurt or death of trial participant, shall be punished with imprisonment for a term which shall not be less than five years but which may extend to eight years and shall also be liable to fine which shall not be less than thirty lakh rupees10(3) the fine imposed under this section shall be paid to the trial participant or, as thecase may be, his legal heirspenalty for repeatoffence15f whoever, having been convicted of an offence under section 15e is again convictedunder that section, shall be punished with imprisonment for a term which shall not be less than ten years and shall also be liable to fine which shall not be less than fifty lakh rupees15penalty for failure to provide compensation15g whoever, responsible to provide compensation for clinical trial related injury ordeath under this chapter fails to do so, shall be punished with imprisonment which may extend to three years and with fine which shall not be less than twice the amount of the compensationoffences by companies2015h 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 business of the company, as well as the company, shall be deemed to be guilty of the contravention and shall be liable to the proceeded against and punished accordingly:25provided that nothing in this sub-section shall render any such person liable to any punishment provided in this act, if he proves that the offence was committed without his knowledge or that he exercised due diligence to prevent the commission of such offenceexplanation—for the purpose of this section—30(i) "company" means any body corporate and include a firm or other association of individuals; and(ii) "director", in relation to a firm, means a partner in the firm" statement of objects and reasonsindia has been a major target for investigators seeking human subjects for clinical trials of drug both by multi-national corporations as well as indian pharmaceutical companies the high mortality rates and serious adverse effects on the health of human subjects have often been considered indicative of the fact that human subjects in clinical trials are being treated as guinea pigs in india the fact that in many cases no compensation is paid and, even where it is paid, it is not sufficient relative to the injury suffered by the human participant due to the clinical trial, shows the lack of sensitivity for such casesin view of the above, the bill seeks to make the following amendments in the drugs and cosmetics act, 1940—(i) providing for establishment of an accreditation board for granting accreditation to investigators (who will conduct trials) and trials sites (which can be a hospital or other place where the trial will be conducted);(ii) constitution of a committee of experts to examine applications for clinical trials;(iii) appointment of a registrar for keeping registry of clinical trials and their outcomes;(iv) providing for mandatory free and informed consent from human subjects participating in clinical trials and provision of adequate compensation for injuries or death due to such trials; and(v) providing for punishment for conduct of clinical trials without permission and for failure to provide compensationhence this billnew delhi;kavitha kalvakuntladecember 18, 2018 financial memorandumclause 2 of the bill provides for constitution of an accreditation board, a committee of experts, and appointment of a registrar and other officers and staff of the accreditation board the bill, therefore, if enacted, would involve expenditure from the consolidated fund of india it is estimated that a recurring expenditure about rupees seven crore will be involved per annuma non-recurring expenditure of about rupees thirty crore is also likely to be involved lok sabha———— a billfurther to amend the drugs and cosmetics act, 1940————(shrimati kavitha kalvakuntla, mp)gmgipmrnd—3631ls(s3)—20012018 | Parliament_bills | 35b35da2-fa35-549f-adb7-f5921c6005f0 |
- c orrigen:w to the bihar �propr:ua ion bill, 1968 (tq be/:��-j:ntrqduq2'l� lok saqb,a)1 - page 5, line 1 s � "4" 2page 6, line 4, ·-for "sate" reaj -- "state" new delhi; j�ugust 21 1968 sravana � 1890 (sak;;:) 8u1 no 72 01 ihi the bihar appropriation bill, 1968 a billto authorise payment and appropriation of certain sums from and out of the consolidated fund of the state of bihar for the ser· vices of the financial year 196f369 be it enacted by parliament in the nineteenth year of the republic of india as follows:-1 this act may be called the bihar appropriation act, 1968 short title 2 from and out of the consolidated fund of the state of bihar issue of 5 there may be paid and applied sums not exceeding those specified ~9~':~ in column 3 of the schedule amounting in the aggregate [inclusive o~t 0" 'the of the sums specified in column 6 of the schedule to the bihar conloll lihar act appropriation (vote on account) act, 1968 and of the sums speci- :dated lof 11l18 fied in column 3 of the schedule to tm! order made by the president "fund of the state of bihar for the financial year 1968-69 on the 29th day of june, 1968 under article 357 of the constitution and publishe'd with the notification of the government of india in the ministry of finance no so 2318 of the said date] to the sum of four hundred and thirty-six crores, forty-six lakhs, ninety-two thousand, nine hundred and sixty-two rupees toward s defraying the several charges which will come in course of payment during the financial year 1968-69 in respect of the services specified in column 2 of the schedule appropriation 3 the sums authorised to be paid and applied from and out of the consolidated fund of the state of bihar by this act shall be 10 appropriated for the services and purposes expressed in the schedule in relation to the said year (see sections 2 and 3)s n'nor i-----'------i-'----'-=------'------i-v-~ by s~;§~==== semces' and purpoaea parliament the conro-total vote i lidatcd __ i _______________________ i _______ i ___ fu_n_d ___ i-------7j,~7,4oo taxes rs, s,ooo rs ri i 71,~2,400 , 10 5,02,3s,704 2 land revemle 5,02,35,704 66,62,000 66,62,000 8,81,300 8,81,300 i 3 state excise duties taxes on vehicles 13,39,900 13,39,900 i ~ stamps 34,39j8s0 6 re,;stration fees is 34,39,8so i 1°,j2,'j2,]oo 7 internt od debt and other obli,a-, , tions--chal'ltd 8 appropriation for reduction or avoidance of debt-charged i :2,21,7j527 1,0'j,'j00 i 58,74,000 57,64,100 9 state legislatures 20 14,]4,600 5,39,18,700 5,14,84,100 10 general administration 1,6~,74,17s i j7,26,265 2,03,00,540 i j ,96,64040 1,96,64,040 i ii ' administration of justice i 121 jails 19,000 13,21,01,714 13,20,82,714 1 1,37,100 1,37,100 i as-13 , police , i" mlscejlaneoul departments 44,62,600 44,62,600 , 15 scientific departl1lents 27,57,64,500 16 education 10,06,160400 17 medical i 10,06,160400 i : 7,12,39,281 15,000 7, t2,24,281 18 public health 19 ajp'iculture 30 17,83,14>700 i 3,245!mi2 2~ i animal husbandry 11783,14,700 i i 3,24059712 i, 1,83,49600 2j"co-operation 22 ; industries sums not exceeditlj 1----------1---v~b icharged on the consolidated total fund i ______ _____ rii rs rii 2j commuaity development projects, national 8xten~ion se1"vice and local development workr r32os,ij89 10 24 labour and bmployment 2,00,02,200 2,00,02200 25 miacellaneou5, social and developmental organisations <welfare of scheduled cat~s scheduled tribes and backward classes) 3,60,64,600 36064,600 is 26 miace1leneous social and deyelopmenbll orpnisations (statistics) 49,37,500 , i i 4937,500 i 10,24,400 27 miscellaneous social and deyelopmental orcanisations (mis~l1aneou9 schemes) 102 00 20 i i \ 21 irription inciudin, multi-purpose river scbemes i4o•13,69,700 , ii,ii,200 29 electricity schemes 8,8728,600 30 i public works 140,13,69,700 i i ij,ii,200 i 8,87,03,100 i 1,9isa7,500 i, 1,91,27,500 2s 31 i public works--establishment 76,55000 76,55,000 1,06,58,700 32 ! famine relief i 33 1 pensions i,os,23,9oo 96,47,000 96,47,000 34 statione!y and printing 2,25,62,900 2,25,62,900 35 forest 1,6974375 1,6974375 36 miscellaneous (gram panchayat) 30 1,34,36,932 1,34,36,732 300 37 miscellaneous 3938,235 38 miscellaneous (public relations department) 3938,235 i 36,50,663 36,50 •663\ 39 miscellaneous (expenditure on displaced persons) 3s i i 7,55400 40 expenditure connected with the national emergency, 1962 41 payment of compensation to i landholders, etc, on the abolition of zamindari system 2,24,60,000 40 1,02,89,200 p \ capital outlay on industrial and bconomic development _ i -- -- -r---"-_- -- - ,;, --no of vote | | | \ | 3 | 4 ||---------------------------------------------------|------------------------|-----------|------|-------|| , | _____________ | 1 | ____ | ----- || i | | | | || sum s | not | exceedin | | || i | | | | || voted | by | : | | || charted | | | | || on | | | | || i | ----- | | | || i | | | | || pnlillllent | | | | || ,i | | | | || the conloli-: | total | | | || servic:a | and | purporll | | || : | dated | fund | | || i | | | | || 1- ------------, | , | ---- | | || i | | | | || its | | | | || i | | | | || rs | | | | || i | | | | || rs | | | | || 10 | | | | || 43 | | | | || capital outlay | on | othtr | worb | || 86,13,000 | | | | || i | | | | || 86,113 | | | | || 000 | | | | || | capital outlay on road | | | || and | | | | || water | | | | || i | | | | || 'transport | schemel | | | || i | | | | || '3,00000 | | | | || i | | | | || 4; | | | | || capital | | | | || outlay | | | | || on | | | | || schema | | | | || of | | | | || govern- | | | | || i | | | | || i | | | | || ment | | | | || tradillj | | | | || '197'4"43'300 | | | | || 1 | | | | || is | | | | || 46 | loans and | advances | by | || state | | | | || i | | | | || governments | | | | || z333,76,600 | | | | || i | | | | || ;z3,3:76,600 | | | | || ; | ! | | | || i | | | | || , | | | | || '0jjo,60000iio~3060,ooo | | | | || 47 | | | | || public | | | | || debt-cbaraed | | | | || 1,1300,06968701,16,3',96,09:1 )4,3646,9z962 | | | | || __ | i | __ | | __ || total | | | | | statement of objects and reasonsthis bill is introduced in pursuance of article 204 (1) of the constitution and the proclamation is8ued' under article 356 of the constitution in respect of the sate of bihar on the 29th june, 1968 to provide for the appropriation out of tlhe consolidated fund ,of the state of bihar of the moneys required to meet the expenditure charged on the consolida1led fluid of' the state of bihar' lind the grants made by the lok sabha for expenditure of the govemm~nt of bihar for the financial year 196&-69 morarji desai; president's recommenda non under article 207 of the constitution of india(copy of letter no f3(52)-bi68, dated the 9th august, 1968 from shri morarji desai, deputy prime minister and minister of finance to the secretary, lok sabha] the pres;dent, having been informe'd of the subject matter of the proposed bill to authorise payment and appropriation of certain sums from and out of the consolidated fund of the state of bihar 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 29th june, 1968 issued under article 356 of the constitution in respect of the state of bihar, the introduction of the bihar appropriation bill, 1968 in the lok sabha and also the consideration of the bill 2 the bill will be introduced in the lok sabha imme'diately after the demands for grants for the expenditure of the governmt!lnt of bihar for the year 1968-69 have been voted (; a billto authorise payment and appropriation of certain sums from and out of the consolidated fund of the state of bihar for tbe services of tbe finan;ial year 1968-59 (shri morarji desai, deputy prime m ini"tet' and minister of finance) | Parliament_bills | c435427f-1130-5dfe-be17-8ace0d57d500 |
bill no 161 of 2014 the commission for the formation of the state of vidarbha bill, 2014 by shri ashok mahadeorao nete, mp a billto provide for the constitution of a commission for the formation of a separate state of vidarbha by reorganization of the existing state of maharashtra 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 commission for the formation of the state of vidarbha 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, appoint5definitions2 in this act, unless the context otherwise requires,—(a) "prescribed" means prescribed by rules made under this act; and (b) "vidarbha" includes the districts of chandrapur, gadchiroli, wardha, nagpur,bhandara, gondia, washim, akola, buldhana, yavatmal and amravati in the state of maharashtra103 the central government shall, by notification in the official gazette, constitute a commission to study and report on the formation of a separate state of vidarbha by reorganization of the existing state of maharashtracommission for theformation of a separate state of vidarbha4 (1) the commission shall consist of:—5composition of the commission(i) a retired judge of the supreme court who shall be the chairperson; and (ii) four members having at least ten years experience in the field of socialservice in the vidarbha region or having special knowledge in the field of regional development, who shall be appointed in such manner as may be prescribed10(2) the salary and allowances payable to, and other terms and conditions of service of the chairperson and members of the commission, shall be such as may be prescribed by the central government(3) the commission shall have its office at nagpur in the state of maharashtra (4) the central government shall provide such number of officers and staff to the commission as are required for its efficient functioning15term of the commission5 (1) the commission shall complete its work within a period of one year from the dateof its first sitting(2) after the completion of its work, the commission shall submit a report to the central government206 (1) the commission shall perform such functions with regard to formation of a separate state of vidarbha as may be assigned to it by the central governmentfunctions of the commission(2) without prejudice to the generality of the foregoing provision, the commission shall also consider the following:—(i) allocation of assets to the proposed state of vidarbha;(ii) allocation of government employees and officers to the proposed state of vidarbha;25(iii) delimitation of constituencies for elections to the house of the people andstate legislative assemblies; and(iv) allocation of water and natural resources to the proposed state of vidarbha307 the central government shall, after due appropriation made by parliament by law in this behalf, pay to the commission by way of grants such sums of money as the central government may think fit for the purposes of this actcentral government to provide adequate funds8 the commission shall have the power to call upon and secure the assistance of any office or agency under the administrative control of the existing state of maharashtra for carrying out the functions assigned to it under this actpower of the commission to call upon or secure assistancepower to make rules359 (1) the central government may, by notification in the official gazette, make rulesfor carrying out the purposes of the act40(2) every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both the houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule statement of objects and reasonsthe demand for a separate state of vidarbha is getting strong due to continuous negligence of this region the proposal for the state of vidarbha was approved in 1918 by all india congress committee and reiterated again in 1928 at its national session the proposal for a separate state of vidarbha for marathi speaking people was also approved in the madhya pradesh legislative assembly in 1938 on 8 august, 1947 the then marathi leaders agreed that two independent states for marathi speaking people be formed under the akola pact it was again reiterated under the nagpur pact on 28 september, 1953 in reference to reorganization of states under this pact, funds and session for legal division at nagpur in proportion of the population for the development of vidarbha was decided to be calledthe fazal ali commission constituted in 1953 by the central government recommended for the creation of a separate state of vidarbha in its state reorganization report (1955) the commission have made it clear in its report that the separate state of vidarbha will be practically and financially viable however, due to political considerations, the recommendation of the fazal ali commission was not accepted, and in an effort to give a constitutional cover to the nagpur pact, the constitution was amended in 1956 and section 371(2) was inserted in the constitution as per this constitutional amendment, equitable allocation of funds for development, arrangement of adequate facilities for technical education and vocational training, and providing adequate employment opportunities in services under the state government, were made the responsibilities of the governor in the state of maharashtra and gujarat in 1960, the state of maharashtra was created but the promises and assurances given at the time of inclusion of vidarbha region in maharashtra were not fulfilled due to continuous apathy shown for vidarbha region by successive government in maharashtra, there has been least development in the region dr dandekar committee, constituted in 1982, confirmed the losses to vidarbha, and despite its recommendation to fulfil the aspirations for development of people of vidarbha and allocate backlog fund, injustice is continued to be done to vidarbha due to the diversion of funds allocated for the development of vidarbha elsewhere and keeping the people of vidarbha underdeveloped, the people of vidarbha got annoyed with maharashtrathe people of vidarbha are of the opinion that the creation of a separate state of vidarbha is the only solution to ensure development and prosperity of the region thus, honouring the highest desire of the people of vidarbha, the central government needs to take necessary steps to bifurcate maharashtra and form a separate state of vidarbha this bill provides for constituting a commission for formation of a separate state of vidarbhahence this bill financial memorandumclause 3 of the bill provides for the constitution of a commission for the formation of a separate state of vidarbha clause 4 provides for the salary and allowances of the chairperson and members of the commission clause 7 provides for grant of adequate funds to the commission by the central government the bill, therefore, if enacted, would involve expenditure from the consolidated fund of india it is estimated that a recurring expenditure of rupees twenty crore per annum would be involveda non-recurring expenditure of about rupees five 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 billas the rules will relate to matters of detail only, the delegation of legislative power is of a normal character———— a billto provide for the constitution of a commission for the formation of a separate state of vidarbha by reorganization of the existing state of maharashtra and for matters connected therewith————(shri ashok mahadeorao nete, mp) | Parliament_bills | 61675709-beab-51e2-8f69-9e894c858bdf |
bill no 48 of 2018 the compulsory first-aid training in schools bill, 2018 byshri shivaji adhalrao patil, mp a billto provide for compulsory first aid training to students in schools in the countrybe it enacted by parliament in the sixty-ninth year of the republic of india as follows:—1 (1) this act may be called the compulsory first-aid training in schools act, 2018short title, extent and commencement(2) it extends to the whole of india5(3) it shall come into force with immediate effectdefinitions2 in this act, unless the context otherwise requires—(a) "appropriate government" means in the case of a state, the government of that state and in all other cases, the central government;5(b) "first-aid" means emergency care or treatment given to an ill or injured person before regular medical aid may be obtained;(c) "prescribed" means prescribed by rules made under this act; and(d) "school" means—(i) a school established, owned or controlled by the appropriate government or a local authority or a non-governmental organisation; or10(ii) an aided school receiving aid or grants to meet whole or part of its expenses from the appropriate government or the local authority or a non-governmental organisation; or(iii) an educational institution managed by a private entity, society or a trust,15which imparts education at elementary, secondary or senior secondary level3 from such date, as the central government may, by notification in the official gazette specify, training of first-aid shall be compulsorily imparted in all schoolscompulsory training of first-aid in schools compulsory first-aid training204 (1) the appropriate government shall, include compulsory first-aid training intheory and practical of the curriculum from ninth to the twelfth standard irrespective of stream of study selected by the student(2) the appropriate government shall evaluate the curriculum regarding first-aid training from time to time and also issue necessary directions to schools within its jurisdiction5 the appropriate government shall issue certificates to all students who successfullycomplete first-aid trainingappropriate government to issue certificates256 the central government shall, after due appropriation made by parliament by law in this behalf, provide adequate funds to the state governments of carrying out the purposes of this actcentralgovernmentto provide funds power to issue directions307 the central government shall issue such directions to the state government or, asthe case may be, the local authority, as it may deem fit for the purposes of implementation of the provisions of this actpower to make rules8 (1) the central government may, by notification in the official gazette, make rulesfor carrying out the purposes of this act35 40(2) every rules 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 reasonsthousands of lives in our country are lost every year, due to lack of trained and skillful citizens for providing medical first-aid to victims of accidents and absence of primary healthcare system in many parts of the country accidents and emergency situations are not always completely preventable or unavoidable in some situations if the patients do not receive basic first-aid immediately their situation may deteriorate rapidly without proper first-aid, a simple injury could become severe and in some cases fatalities can occur as a result of lack of immediate medical treatmenta trained and skillful person in providing medical first-aid becomes more than just another bystander, but extends life saving support not only to a victim, but also helps the professional emergency responders and medical practitionersin its most basic form, first-aid is the initial assistance given to a victim of injury or illness basic first-aid knowledge is comprised of relatively simple techniques and procedures that can be performed with limited equipment and is typically carried out until professional medical assistance arrives first-aid can and often lessens the severity of an emergency in a given time and place by being able to provide basic care one can stabilize a patient until emergency medical services arrives first-aid training teaches how to use basic household items as tools if a first-aid kit is not available while it is natural for most of us to rush to support any injured person, a trained person is more reliable, confident and in control of himself and his actions while in traumatic situationsin our country, training in first-aid has always been a neglected subject if compulsory first-aid training is given to students, a wide population of our country shall become trained in providing first-aid services and many lives will be saved in emergency situationshence this billnew delhi;shivaji adhalrao patiljanuary 17, 2018 financial memorandumclause 4 of the bill provides for inclusion of first-aid training compulsorily in school curriculum from ninth to twelfth standard clause 5 provides for the central government to issue certificates to all students who have successfully completed first-aid training clause 6 provides that the central government shall provide adequate funds to the state governments for carrying out the purposes of this act the expenditure relating to state governments shall be borne out of the consolidated funds of states concerned the expenditure in relation to union territories shall be incurred from the consolidated fund of india the bill, therefore, if enacted, will involve expenditure from the consolidated fund of india it is estimated that a sum of rupees five hundred crores may involve as recurring expenditure per annuma non-recurring expenditure of rupees one hundred crores 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 as the rules will relate to matters of detail only, the delegation of legislative powers is of a normal character lok sabha———— a billto provide for compulsory first aid training to students in schools in the country————(shri shivaji adhalrao patil, mp)mgipmrnd—4091ls(s3)—19-02-2018 | Parliament_bills | 5153c959-a660-5f88-9ed8-d6b7e44bc85e |
bill no 138 of 2014 the constitution (amendment) bill, 2014 byshri cr patil, mp a billfurther to amend the constitution of indiabe it enacted by parliament in the sixty-fifth year of the republic of india as follows:—short title1 this act may be called the constitution (amendment) act, 2014 2 after article 21a of the constitution, the following new articles shall be inserted,—insertion of new articles 21b, 21c and 21dright to shelter21c (1) every citizen shall have the right to safe and adequate quantity of drinking waterright to safe and adequate drinking water5(2) the state shall, within a period of five years from the date of coming into force of this act, provide adequate number of hand pumps or piped water connections in every village or habitation in order to ensure adequate availability of safe drinking water to every citizenright to work21d every citizen who has attained the age of eighteen years shall have the right to work in such manner as parliament may, by law, determine" statement of objects and reasonsthe constitution gives us a number of fundamental rights in order to enable the citizens to live with dignity to live with dignity, there is need for a large number of things but the most basic among them are shelter, water and means of livelihood unless these are secured, there cannot be dignity in life shelter is one of the basic necessities for sustaining the life right to life and other similar rights guaranteed by the constitution for the well being of citizens will be worthless if citizens remain without shelter a shelter without a source of potable water nearby is an incomplete dwelling unit similarly, growing unemployment has led to resorting to arms and indulgence in extremist activities by youth of the country hence, it is necessary that right to shelter along with a source of potable water nearby and employment be guaranteed and made fundamental rightshence this billnew delhi;cr patilnovember 12, 2014 financial memorandumclause 2 of the bill seeks to insert new articles 21b, 21c and 21d in the constitution, with a view to making right to shelter, right to safe and adequate drinking water and right to work as fundamental rights of the citizens the bill, therefore, if enacted, will involve expenditure from the consolidated fund of india it is estimated that a recurring expenditure of rupees fifty thousand crore per annum will be involved no non-recurring expenditure is likely to be involved———— a billfurther to amend the constitution of india————(shri cr patil, mp)gmgipmrnd—2887ls(s3)—02-12-2014 | Parliament_bills | d17eeb1f-c814-589e-bd94-c226ef63b941 |
bill no 261 of 2017 the compulsory career guidance bill, 2017 byshri r dhruvanarayana, mp a billto provide for compulsory career counselling and guidance to the students at school level in order to help them chart a proper career path and choose their professions accordingly and for matters connected therewithbe it enacted by parliament in the sixty-eighth year of the republic of india as follows:—1 (1) this act may be called the compulsory career guidance act, 2017short title, extent and commencement(2) it extends to the whole of indiadefinition2 in this act, unless the context otherwise requires,—(a) "appropriate government" means in the case of a state, the government ofthat state, and in all other cases, the central government;5(b) "national career service" means the national career service (ncs) project,government of india, ministry of labour and employment;(c) "national review committee" means the national review committeeconstituted under section 7;(d) "prescribed" means prescribed by rules made under this act;10(e) "stream" means a course of study or discipline chosen by a student oncompletion of his secondary or higher secondary grade board exams;(f) "technical education" shall have the same meaning assigned to it in the allindia council for technical education act, 1987; and(g) "vocational training" means education and training which helps to trainpeople with skills and knowledge that is required in a specific field, particularly in the labour market15 3 it shall be the responsibility of the appropriate government to provide compulsory career counselling to the students in such manner as may be prescribedcompulsory career counselling to students4 for the purposes of section 3, the appropriate government, with the assistance of the national career service shall—20(a) conduct career counselling and guidance sessions for every student, sixmonths prior to the secondary and higher secondary grade board exams;(b) ensure that career counselling guidance sessions are conducted by trainedand qualified professionals;(c) ensure that students are well informed about the subjects and the combinationthereof in the stream;25appropriate government to conduct compulsory career counselling for all students before secondary or higher secondary grade board exams(d) provide students a complete and comprehensive idea of the scope and jobsthat may be available to them after choosing their respective stream;(e) ensure that students are well informed about the prospects and merits ofvocational training and technical education;30(f) take essential steps for improvement in studies of weak students;(g) grant scholarship to the students belonging to the scheduled castes, thescheduled tribes and other backward classes along with the students, whose parents are living below poverty line to pursue higher education;(h) take available steps computer based training; and35(i) undertake such other functions as it deem necessary for carrying out thepurposes of this actannual report5 (1) the national career service shall submit an annual report to the central government mentioning the number of sessions conducted under section 4 along with the name of the schools and other detail in such manner as may be prescribed40(2) the central government shall cause the report to be laid before both the housesof parliament6 (1) the central government shall, by notification in the official gazette, constitutea national review committee to evaluate the work of the national career service in such manner as may be prescribedconstitution of national review committee(2) the national review committee shall consist of a chairperson and such number of experts in the field of employment and training, retired teachers and principals as members to be appointed by the appropriate government in such manner as may be prescribed5(3) the salary and allowances payable to, and other terms and conditions of serviceof the chairperson and other experts of the national review committee shall be such as may be prescribedcentral government to provide funds107 the central government shall, after due appropriation made by parliament by lawin this behalf, provide requisite funds to the state government for carrying out the purpose of this act8 the provisions of this act shall be in addition to and not in derogation of any other law for the time being in force regulating any of the matters dealt with in this actact not in derogation ofother lawpower to make rules9 (1) the central government may, by notification, make rules to carryout the purpose 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 successive sessions aforesaid both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule statement of objects and reasonshistory is said to be the greatest teacher of all time and if we were to learn from our past, then we can clearly see the fact that nations have been built and destroyed by the power of the youth our country is pushing its boundaries to move ahead and stand equally with the developed countries of the globe, but it has been struggling in reaching its goal as it fails to mobilize and use its strength in the right direction, the strength being the youth of this great nationour country is plagued by the epidemic of unemployment and poverty as most of the students are unsure about their career goals and blindly end up following courses that bear no results for them the general enrollment ratio (ger) in india drops in the level of higher education because most of the students drop out and wish to start working these students must be informed about the merits of vocational and technical education, so that they can plan their future and move their career graph forward, instead of being confused and uncertain, as employment is the ultimate goal for most of themeducation fails to be priority as most of the population is concerned with feeding themselves and their families this bill would help such students to identify their talents and would help them to focus their attention on skill development, thereby ensuring that they have a career even if they do not focus on formal higher educationevery child needs to identify their true potential and every youth of this nation deserves to be employed in their relevant sector, and the positive change in that direction has to be made from the school level itselfhence this billnovember 29, 2017 financial memorandumclause 3 of the bill provides that appropriate government shall provide career counselling to all students clause 4 empowers the appropriate government with the assistance of national career service to conduct the career counselling sessions in the schools clause 5 provides for the constitution of the national review committee for carrying out the purposes of the bill it also provides for grants and scholarships to students belonging to poor economic backgrounds clause 7 provides for central government to provide adequate funds to the state 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 seven crore would be involved from the consolidated fund of indiaa non-recurring expenditure of about rupees eleven crore is also likely to be involved memorandum regarding delegated legislationclause 9 of the bill empowers the central government to make rules for carrying out the purposes of the bill as the rules will relate to matters of detail only, the delegation of legislative power is of a normal character———— a billto provide for compulsory career counselling and guidance to the students at school level in order to help them chart a proper career path and choose their professions accordingly and for matters connected therewith————(shri r dhruvanarayana, mp)gmgipmrnd—2752ls(s3)—20-12-2017 | Parliament_bills | af5078e1-6723-578e-97ce-acf570792f57 |
bill no 313 of 2016 the special courts for scheduled castes and scheduled tribes bill, 2016 by shri om prakash yadav, mp a billto provide for constitution of special courts for the scheduled castes and the scheduled tribes in the country and for matters connected therewithbe it enacted by parliament in the sixty-seventh year of the republic of india as follows:—1 (1) this act may be called the special courts for the scheduled castes and the scheduled tribes act, 2016short title, extent and commencement5(2) it extends to the whole of india(3) it shall come into force on such date as the central government may, by notification in the official gazette, appointdefinitions2 in this act, unless the context otherwise requires:—(a) 'appropriate government' means in the case of a state, the government of that state and in all other cases, the central government;5(b) 'offence' means any offence committed against a member of the scheduled castes and the scheduled tribes;(c) 'prescribed' means prescribed by rules made under this act;(d) 'scheduled castes' means the castes included in the constitution (scheduled castes) order 1950;(e) 'special court' means special court constituted under section 3; and10(f) 'scheduled tribes' means the tribes included in the constitution (scheduled tribes) order 1950153 (1) the appropriate government shall, by notification in the official gazettes, set up adequate number of special courts at district level to deal exclusively with matters arising out of crimes or offences committed against the scheduled castes and the scheduled tribes in the countryestablishment of special courts for scheduled castes & scheduled tribes(2) every special court established under sub-section (1) shall be headed by a chief judge who shall be qualified to be appointed as district judge and shall have such number of other judges as the appropriate government may prescribe keeping in view the scheduled castes and the scheduled tribes population in the district204 the qualification and salary, allowances and other terms and conditions of service of the chief judge and other judges shall be such as may be prescribedqualification for appointment as chief judge and other judges of special court255 (1) in the event of occurrence of any vacancy in the office of the chief judge by reason of his death, resignation or otherwise, the senior most judge of that court shall discharge his functions until a new chief judge, appointed in accordance with the provisions of this act to fill such vacancy, enters upon his officesenior most judge to act as a chief judge or to discharge his functions in certain circumstances(2) when the chief judge is unable to discharge his functions owing to his absence from duty due to any reason, the senior most judge of that special court shall discharge functions of the chief judge until the chief judge resumes his duties306 every chief judge shall exercise such financial and administrative powers as may be vested in him in such manner as may be prescribedfinancial and other powers of the chief judge staff of the special court7 the appropriate government shall appoint sufficient number of officers and staff toassist the special court in the discharge of its functions on such terms and conditions of service as may be prescribed35jurisdiction power and authority of special courts45 of 18608 save as otherwise expressly provided in this act, every special court shall exerciseall the jurisdiction, powers and authority exercisable immediately before that day by all courts except the concerned high court and the supreme court in relation to all matters, offences or atrocities committed, against the scheduled castes and the scheduled tribes under the indian penal code, 1860 or any other law for the time being in force in relation to scheduled castes and scheduled tribes40transfer of pending cases9 every case or other proceedings relating to the scheduled castes and the scheduledtribes pending before any other court or any authority shall stand transferred to such special court on the commencement of this act:provided that nothing contained in this section shall apply to a case or other proceedings pending in a high court or the supreme court 10 the appropriate government shall provide free legal aid to the scheduled castes and the scheduled tribes for meeting the cost of litigation in special court511 every case in a special court shall be disposed of as early as possible and in anycase not later than one year from the date of filing the case in the courtfree legal aid to scheduled castes and scheduled tribes disposal of cases by special courts power to make rules12 (1) the central government may, by notification in the official gazette, make rules for carrying out the provisions of this act1015(2) every rule under this act by the central government shall be laid, as soon as maybe 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 agrees in making any modification in the rule or parliament 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 modifications or annulment shall be without prejudice to the validity of anything previously done under that rule statement of objects and reasonsthe scheduled castes and the scheduled tribes still continue to be the oppressed classes of our society they have suffered for centuries although with the institution of the democratic form of government in the country, many steps have been taken to improve their status in the society yet this change is limited only in the urban areas in the rural areas, the position at some places, is still the same as it used to be many years ago they have never received justice from the persons who were at the helm of affairs of their fate in a welfare state like ours it is a bounden duty of the state to ensure that the members of the scheduled castes and the scheduled tribes receive speedy justice at their door steps these classes are unable to fight long litigations in the normal courts in view of their financial position they also need free legal aid for meeting the cost of litigation in view of their disadvantageous position in the society, especially at district level in the rural areas, there is an urgent need that a separate and parallel system of justice for the scheduled castes and the scheduled tribes should be establishedit is, therefore, proposed that special courts at district level may be established for the scheduled castes and the scheduled tribes in the countryhence this billnew delhi;om prakash yadavnovember 3, 2016 financial memorandumclause 3 of the bill provides that government and union territory administration shall set up sufficient number of special courts to deal exclusively with matters arising out of atrocities committed against scheduled castes and scheduled tribes clause 4 provides for payment of salaries and allowances to the chief judge and other judges clause 7 provides for appointment of officers and staff required for special courts clause 10 provides for free legal aid to scheduled castes and scheduled tribes the expenditure in respect of special courts for union territories shall be met out of the consolidated fund of india it is likely that an amount of rupees one thousand crore will be involved for setting up special courts in union territories per annuma non-recurring expenditure of about rupees two 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 constitution of special courts for scheduled castes and the scheduled tribes in the country and for matters connected therewith————(shri om prakash yadav, mp)gmgipmrnd—4953ls(s3)—10-03-2017 | Parliament_bills | e784e978-0be1-5491-91c5-daa79d34e0cb |
2 in this act, and in all statutes made hereunder, unless the context otherwise requires,— (a) "academic council" means the academic council of the university; (b) "academic staff" means such categories of staff as are designated as academic staff by the ordinances; 5 (c) "board of studies" means the board of studies of the university; (d) "college development council" means the college development council of the university; (e) "college" means a college maintained by, or admitted to the privileges of, the university; 10 (f) "court" means the court of the university; (g) "department" means a department of studies; and includes a centre of studies; (h) "distance education system" means the system of imparting education through any means of communication, such as broadcasting, telecasting, 15 correspondence courses, seminars, contact programmes or the combination of any two or more such means; (i) "employee" means any person appointed by the university and includes teachers and other staff of the university; (j) "executive council" means the executive council of the university; 20 (k) "hall" means a unit of residence or of corporate life for the students of the university, or of a college or an institution, maintained by the university; (1) "institution" means an academic institution, not being a college, maintained by, or admitted to the privileges of, the university; (m) "north-eastern hill university" means the university established under 25 section 3 of the north-eastern hill university act, 1973; 24 of 1973 (n) "principal" means the head of a college or an institution maintained by the university and includes, where there is no principal, the person for the time being duly appointed to act as principal, and in the absence of the principal, or the acting principal, a vice-principal duly appointed as such; 30 (o) "recognised institution" means an institution of higher learning recognised by the university with in the state of mizoram; (p) "recognised teachers" means such persons as may be recognised by the university for the purpose of imparting instructions in a college or an institution admitted to the privileges of the university; 35 (q) "regulations" means the regulations made by any authority of the university under this act for the time being in force; (r) "school" means a school of studies of the university; (s) "statutes" and "ordinances" means, respectively, the statutes and the ordinanances of the university for the time being in force; 40 (t) "teachers of the university" means professors, readers, lecturers and such other persons as may be appointed for impartiing instruction or conducting research in the university or in any college or institution maintained by the university and are designated as teachers by the ordinances, (u) "university" means the mizoram university established and incorporated 45 as a university under this act (v; "vice-chancellor" and "pro- vice-chancellor" mean, respectively, the vice- chancellor and pro-vice-chancellor of the university;establishment of the univer- 3 (/) there shall be established a university by the name of "mizoram university" sity (2) the headquarters of the university shall be at aizawl (3) the first vice-chancellor and the first members of the court, the executive council, the acadmic council and all persons who, may hereafter become such officers or members, so long as they continue to hold such office or membership, are hereby constituted a body corporate by the name of "mizoram university" (4) the university shall have perpetual succession and a commén seal and shall sue and be sued by the said name, 10 objects of the university 4 the objects of the university shall be to disseminate and advance knowledge by providing instructional and research facilities in such branches of learning as it may deem fit; to make provisions for integrated courses in humanities, natural and physical sciences, 15 social sciences, forestry and other allied disciplines in the educational programmes of the university; and to take appropriate measures for promoting innovations in teaching-learning process, inter-disciplinary studies and research; to educate and train manpower for the development of the state of mizoram; and to pay special attention to the improvement of the social and economic conditions and welfare of the people of that state, their intellectual, academic and cultural development 5 the university shall have the following powers, namely:— 'powers of the university20 (i) to provide for instructions in such branches of learning as the university may, from time to time, determine and to make provisions for research and for the advancement and dissemination of knowledge; 25 (ii) to grant, subject to such conditions as the university may determine, diplomas or certificates to, and confer degrees or other academic distinctions on the basis of examinations, evaluation or any other method of testing, on persons, and to withdraw any such diplomas, certificates, degrees or other academic distinctions for good and sufficient cause; (iii) to organise and to undertake extramural studies, training and extension services; 30 (iv) to confer honorary degrees or other distinctions in the manner prescribed by the statutes; } (v) to provide facilities through the distance educaiton system to such persons as it may determine; 35 (vi) to institute principalships, professorships, readerships, lecturerships and other teaching or academic positions, required by the university and to appoint persons to such principalships, professorships, readerships, lecturerships or other teaching or academic positions; (vii) to recognise an institution of higher learning for such purposes as the university may determine and to withdraw such recognition; 40 (viii) to recognise persons for imparting instructions in any college or institution admitted to the privileges of the university; (ix) to appoint persons working in any other university or organisation as teachers of the university for a specified period, (x) to create administrative, ministerial and other posts and to make appointments thereto; 45 (xi) to co-operate or collaborate or associate with any other university or authority or institution of higher learning in such manner and for such purposes as the university may determine; (xii) to establish with the prior approval of the such centres and specialised laboratories or other units for research and instruction as are, in the opinion of the university necessary for the furtherance of its objects central goverment; (xiii) to institute and award fellowships, scholarships, studentships, medals and prizes; (xiv) to establish and maintain colleges, institutions and halls; (xv) to make provision for research and advisory services and for that purpose to enter mto such arrangements with other institutions, industrial or other organisations, as the university may deem necessary; 10 (xvi) to organise and conduct refresher courses, workshops, seminars and other programmes for teachers, evaluators and other academic staff; (xvii) to admit to its privileges colleges and institutions within the state of mizoram not maintained by the university; to withdraw all or any of those privileges 15 in accordance with such conditions as may be prescribed by the statutes; to recognise, guide, supervise, and control halls not maintained by the university and other accommodation for students, and to withdraw any such recognition; (xviii) to appoint on contract or otherwise visiting professors, emeritus professors, consultants, scholars and such other persons who may contribute to the advancement of the objects of the university; 20 (xix) to confer autonomous status on a college or an institution or a department, as the case may be, in accordance with the statutes; (xx) to determine standards of admission to the university, which may include examination, evaluation or any other methods of testing; (xxi) to demand and receive payment of fees and other charges; 25 (xxii) to supervise the residences of the students of the university and to make arrangements for promoting their health and general welfare; (xxiii) to lay down conditions of service of all categories of employees, including their code of conduct; 30 (xxiv) to regulate and enforce discipline among the students and the employees, and to take such disciplinary measures in this regard as may be deemed by the university to be necessary; (xxv) to make arrangements for promoting the health and general welfare of the employees; 35 (xxvi) to receive benefactions, donations and gifts and to acquire, hold, manage and dispose of any property, movable or immovable, including trust and endowment properties for the purposes of the university; (xxvii) to borrow, with the approval of the central government, on the security of the property to the university, money for the purposes of the university; 40 (xxviii) to do all such other acts and things as may be necessary, incidental or conducive to the attainment of all or any of its objects transfer of 6 on and from the commencement of this act, all properties of the north-eastern properties of hill university in the state of mizoram shall stand transferred to, and vest in, the university north-eastern ~~ and shall be applied to the objects for which the university is established hill university jurisdiction 7 (1) the jurisdiction of the university shall extend to the whole of the state of mizoram (2) on and from the commencement of this act, all colleges, institutions, schools and departments affiliated to, or admitted to the privileges of, or maintained by, the north-eastern hill university shall stand affiliated to, or admitted to the privileges of, or maintained by, the university (3) on and from the date of commencement of this act, the north-eastern hill university shall cease to exercise its jurisdiction in the state of mizoram 8 the university shall be open to persons of either sex and of whatever caste, university open to all classes, castes and creed creed, race or class, and it shall not be lawful for the university to adopt or impose on any person, any test whatsoever of religious belief or profession in order to entitle him to be appointed as a teacher of the university or to hold any other office therein or be admitted 10 as a student in the university or to graduate thereat or to enjoy or exercise any privilege thereof: provided that nothing in this section shall be deemed to prevent the university from making special provisions for the employment or admission of women, physically handicapped or of persons belonging to the weaker sections of the society and, in particular, of the scheduled castes and the scheduled tribes the visitor9 (1) the president of india shall be the visitor of the university 20 (2) the visitor may, from time to time, appoint one or more persons to review the work and progress of the university, including colleges and institutions managed by it, and to submit a report thereon; and upon receipt of that report, the visitor may, after obtaining the views of the executive council thereon through the vice-chancellor, take such action and issue such directions as he considers necessary in respect of any of the matters dealt with in the report and the university shall be bound to comply with such directions s (3) the visitor shall have the right to cause an inspection to be made by such person 25 or persons as he may direct, of the university, its buildings, laboratories and equipment, and of any college or institution maintained by the university or admitted to its privileges; and also of the examinations, teaching and other work conducted or done by the university and to cause an inquiry to be made in like manner in respect of any matter connected with the administration or finances of the university, colleges or institutions 30 (4) the visitor shall, in every matter referred to in sub-section (2), give notice of his intention to cause an inspection or inquiry to be made,— (a) to the university, if such inspection or inquiry is to be made in respect of | the university or any college or institution maintained by it, or (b) to the management of the college or institution, if the inspection or inquiry 35 is to be made in respect of college or institution admitted to the privileges of the university, and the university or the management, as the case may be, shall have the right to make such representations to the visitor, as it may consider necessary 40 (5) after considering the representations, if any, made by the university or the management, as the case may be, the visitor may cause to be made such inspection or inquiry as is referred to in sub-section (3) (6) where any inspection or inquiry has been caused to be made by the visitor, the university or the management shall be entitled to appoint a representative, who shall have the right to be present and be heard at such inspection or inquiry 45 (7) the visitor may, if the inspection or inquiry is made in respect of the university or any college or institution maintained by it, address the vice-chancellor with reference to the result of such inspection or inquiry together with such views and advice with regard to the action to be taken thereon, as the visitor may be pleased to offer, and on receipt of address made by the visitor, the vice-chancellor shall communicate, to the executive council, the views of the visitor with such advice as the visitor may offer upon the action to be taken thereon (8) the visitor may, if the inspection or inquiry is made in respect of any college or institution admitted to the privileges of the university, address the management concerned through the vice-chancellor with reference to the result of such inspection or inquiry, his views thereon and such advice as he may be pleased to offer upon the action to be taken thereon (9) the executive council or the management; as the case may be, shall communicate, through the vice-chancellor to the visitor such action, if any, as it proposes 10 to take or has been taken upon the result of such inspection or inquiry (10) where, the executive council or the management, does not, within a reasonable time, take action to the satisfaction of the visitor, the visitor may, after considering any explanation furnished or representation made by the executive council or the management, issue such directions as he may think fit and the executive council or the management, as 15 the case may be, shall comply with such directions (11) without prejudice to the foregoing provisions of this section, the visitor may, by order in writing, annul any proceeding of the university which is not in conformity with the act, the statutes or the ordinances: 20 provided that before making any such order, he shall call upon the registrar to show cause why such an order should not be made, and, if any cause is shown within a reasonable time, he shall consider the same (/2) the visitor shall have such other powers as may be prescribed by the statutes 10 the following shall be the officers of the university:— officers of the university | (j) | the | vice-chancellor; ||--------|--------|---------------------|| 25 | | || (2) | the | pro- |(3) the deans of schools; (4) the registrar; (5) the finance officer; 30 (6) the librarian; and (7) such other officers as may be declared by the statutes to be officers of the university 11 (1) the vice-chancellor shall be appointed by the visitor in such manner and the vice- chancellor on such terms and conditions of service as may be prescribed by the statutes 35 (2) the vice-chancellor shall be the principal executive and academic officer of the university and shall exercise general supervision and control over the affairs of the university and give effect to the decisions of all the authorities of the university (3) the vice-chancellor may, if he is of opinion that immediate action is necessary 40on any matter, exercise any power conferred on any authority of the university by or under this act and shall report to such authority the action taken by him on such matter: provided further that if the authority concerned is of opinion that such action ought not to have been taken, it may refer the matter to the visitor whose decision thereon shall be final: provided also that any person in the service of the university who is aggrieved by the action taken by the vice-chancellor under this sub-section shall have the right to appeal against such action to the executive council within three months from the date on which decision on such action is communicated to him and thereupon the executive council may confirm, modify or reverse the action taken by the vice-chancellor (4) the vice-chancellor, if he is of the opinion that any decision of any authority of 10 the university is beyond the powers of the authority conferred by the provisions of this act, the statutes or the ordinances or that any decision taken is not in the interest of the university, may ask the authority concerned to review its decision within sixty days of such decision and if the authority refuses to review the decision either in whole or in part or no decision is taken by it within the said period of sixty days, the matter shall be referred to the visitor whose decision thereon shall be final 15 (5) the vice-chancellor shall exercise such other powers and perform such other duties as may be prescribed by the statutes or the ordinances the pro-vice- chancellor 12 the pro-vice-chancellor shall be appointed in such manner and shall exercise such powers and perform such duties, as may be prescribed by the statutes 20 the déans of schools 13 every dean of a school shall be appointed in such manner and shall exercise such powers and perform such duties as may be prescribed by the statutes the registrar 14 (1) the registrar shall be appointed in such manner as may be prescribed by the statutes 25 (2) the registrar shall have the power to enter into agreement, sign documents and authenticate records on behalf of the university and shall exercise such powers and perform such duties as may be prescribed by the statutes the finance officer 15 the finance officer shall be appointed in such manner and shall exercise such powers-and perform such duties as may be prescribed by the statutes the librarian 16 the librarian shall be appointed in such manner and shal! exercise such powers and perform such duties as may be prescribed by the statutes, 30 other officers 17 the manner of appointment and powers and duties of the other officers of the university shall be prescribed by the statutes 18 the following shall be the authorities of the university: - authorities of the university(j) the court; (2) the executive council; 35 (3) the academic council; (4) the college development council; (5) the board of studies; (6) the finance committee; and (7) such other authorities as may be declared by the statutes to be the authorities 45 of the university | the ||--------------|| 19 || (/) || the || constitution || of || the || court || and || the || term || of || office || of || its || members || shall || be || prescribed || by || the || statutes |(2) subject to the provisions of this act, the court shall have the following powers and functions, namely:— (a) to review, from time to time, the broad policies and programmes of the university and to suggest measures for the improvement and development of the university; (b) to consider and pass resolutions on the annual report and the annual accounts of the university and the audit report on such accounts; (c) to advise the visitor in respect of any matter which may be referred to it 10 for advice; and (d) to perform such other functions as may be prescribed by the statutes 20 (1) the executive council shall be the principal executive body of the university the executive council (2) the constitution of the executive council, the term of office of its members and 15 its powers and functions shall be prescribed by the statutes the academic council 21 (/) the academic council shall be the principal academic body of the university and shall, subject to the provisions of this act, the statutes and the ordinances, co-ordinate and exercise general supervision over the academic policies of the university (2) the constitution of the academic council, the term of office of its members and 20 its powers and functions shall be prescribed by the statutes 22 (1) the college development council shall be responsible for admitting colleges to the privileges of the university | the | college ||-------------|------------|| development | || council | || (2) | the || members | and || the | boards || 25 | || studies | || 23 | the || prescribed | by || the | finance || committee | || 24 | the || prescribed | by || other | || 25 | the || authorities | of || by | the || 30 | || the | university |26 subject to the provisions of this act, the statutes may provide for all or any of powers to make statutes the following matters, namely:— (a) the constitution, powers and functions of authorities and other bodies of the university, as may be constituted from time to time; 35 (b) the appointment and continuance in office of the members of the said authorities and bodies, the filling up of vacancies of members, and all other matters relating to those authorities and other bodies for which it may be necessary or desirable to provide; (c) the appointment, powers and duties of the officers of the university and 40their emoluments; (d) the appointment of teachers, academic staff and other employees of the university, their emoluments and conditions of service; (e) the appointment of teachers, academic staff working in any other university or organisation for a specific period for undertaking a joint project; (f) the conditions of serivce of employees including provisions pension, insurance and provident fund, the manner of termination of service and disciplinary action relating to employees of the university; (g) the principles governing the seniority of service of the employees of the university; (h) the procedure for arbitration in cases of dispute between employees or students and the university; (i) the procedure for appeal to the executive council by any employee or student against the action of any officer or authority of the university; 10 (j) the conferment of autonomous status on a college or an institution or a department; (k) the establishment and abolition of schools, departments, centres, halls, colleges and institutions; (d) the conferment of honorary degrees; 15 (m) the withdrawal of degrees, diplomas, certificates and other academic distinctions; (n) the conditions under which colleges and institutions may be admitted to the privileges of the university and the withdrawal of such privileges; (0) the management of colleges and institutions established by the university; 20 (p) the delegation of powers vested in the authorities or officers of the university; (qg) the maintenance of discipline among the employees and students; (r) all other matters which by this act are to be or may be provided for by the statutes 27 (1) the first statutes are those set out in the schedule 25 statutes how to be made(2) the executive council may, from time to time, make new or additional statutes or may amend or repeal the statutes referred to in sub-section (j): 30 provided that the executive council shall not make, amend or repeal any statutes affecting the status, powers or constitution of any authority of the university until such authority has been given an opportunity of expressing an opinion in writing on the proposed changes, and any opinion so expressed shall be considered by the executive council (3) every new statute or addition to the statutes or any amendment or repeal of a statute shall require the assent of the visitor who may assent thereto or withhold assent or remit to the executive council for re-consideration 35 (4) a new statute or a statute amending or repealing an existing statute shall have no validity unless it has been assented to by the visitor (5) notwithstanding anything contained in the foregoing sub-sections, the visitor may make new or additional statutes or amend or repeal the statutes referred to in subsection (/), during the period of three years immediately after the commencement of this act: 40 provided that the visitor may, on the expiry of the said period of three years, make, within one year from the date of such expiry, such detailed statutes as he may consider necessary and such detailed statutes shall be laid before both houses of parliament 45 (6) notwithstanding anything contained in the foregoing sub-section, the visitor may direct the university to make provisions in the statutes in respect of any matter specified by him and if the executive council is unable to implement such direction within sixty days of its receipt, the visitor may, after considering the reasons, if any, communicated by the executive council for its inability to comply with such direction, make or amend the statutes suitably 28 (1) subject to the provisions of this act and the statutes, the ordinances may provide for all or any of the following matters, namely :— (a) the admission of students to the university and their enrolment as such; (b) the courses of study to be laid down for all degrees, diplomas and certificates of the university; (c} the medium of instruction and examination; (d) the award of degrees, diplomas, certificates and other academic distinctions, the qualifications for same and the means to be taken relating to the granting and obtaining of the same; (e) the fees to be charged for courses of study in the university and for admission 10 to the examinations, degrees and diplomas of the university; (f) the conditions for award of fellowships, scholarships, studentships, medals and prizes; (g) the conduct of examinations, including the term of office and manner of appointment and the duties of examining bodies, examiners and moderators; 15 (a) the conditions of residence of the students of the university; () the special arrangements, if any, which may be made for the residence, discipline and teaching of women students and the prescribing of special courses of studies for them; 20 () the establishment of centres of studies, boards of studies, specialised laboratories and other committees; (k) the manner of co-operation and collaboration with other universities, institutions and other agencies including learned bodies or associations; (/) the creation, composition and functions of any other body which is considered necessary for improving the academic life of the university; 25 (m) the institution of fellowships, scholarships, studentships, medals and prizes; (n) the supervision of manageinent of colleges and institutions admitted to the privileges of the university; 30 (0) the setting up of a machinery for redressal of grievances of employees; and (p) all other matters which by this act or the statutes, or to be or may be provided for by the ordinances (2) the first ordinance shall be made by the vice-chancellor with the previous approval of the central government and the ordinances so made may be amended, repealed or added to at any time by the executive council in the manner prescribed by the statutes 35 regulations 29 the authorities of the university may make regulations, consistent with this act, the statutes and the ordinances for the conduct of their own business and that of the committees, if any, appointed by them and not provided for by this act, the statutes or the ordinances, in the manner prescribed by the statutes annual report 40 30 (1) the annual report of the university shall be prepared under the direction of the executive council, which shall include, among other matters, the steps taken by the university towards the fulfilment of its objects and shall be submitted to the court on or after such date as may be prescribed by the statutes and the court shall consider the report 1n its annual meeting 45(2) the court shall submit the annual report to the visitor along with its comments, if any (3) a copy of the annual report, as prepared under sub-section (j), shall also be submitted to the central government, which shall, as soon as may be, cause the same to be laid before both houses of parliament annual accounts, 31 (1) the annual accounts and balance-sheet of the university shall be prepared under the directions of the executive council and shall, once at least every year and at intervals of not more than fifteen months, be audited by the comptroller and auditor- general of india or by such persons as he may authorise in this behalf (2) a copy of the annual accounts together with the audit report thereon shall be submitted to the court and the visitor along with the observations of the executive council (3) any observations made by the visitor on the annual accounts shall be brought to the notice of the court and the observations of the court, if any, shall, after being considered by the executive council, be submitted to the visitor 10 (4) a copy of the annual accounts together with the audit report as submitted to the visitor, shall also be submitted to the central government, which shall, as soon as may be, cause the same to be laid before both houses of parliament (5) the audited annual accounts after having been laid before both houses of parliament shali be published in the gazette of india 15 returns and information 32 the university shall furnish to the central government such returns or other information with respect to its property or activities as the central government may, from time to time, require 20 33 (1) every person who, immediately before the commencement of this act, is holding of discharging the duties of any post or office in connection with the affairs of the north-eastern hill university in any area which on that date falls within the state of mizoram shall be deemed to have been transferred to the services of the mizoram university on the same terms and conditions and to the same rights and privileges as to pension, gratuity, provident fund and other matters as he would have been had under the north- eastern hill university act, 1973 25 (2) any dispute arising out between a person referred to in sub-section (/) at the request of such person, be referred to a tribunal of arbitration and the provisions of subsection (2), (3), (4) and (5) of section 34 shall, as far as may be, apply to a reference made under this sub-section 30 | conditions | of ||---------------|-------|| service | of || employees | |34 (1) every employee of the university shall be appointed under a written contract, which shall be lodged with the university and a copy of which shall be furnished to the employee concerned (2) any dispute arising out of the contract between the university and any employee shall, at the request of the employee, be referred to a tribunal of arbitration consisting of one member appointed by the executive council, one member nominated by the employee concerned and an umpire appointed by the visitor 35 (3) the decision of the tribunal shall be final, and no suit shall lie in any civil court in respect of the matters decided by the tribunal (4) every request made by the employee under sub-section (2), shall be deemed to be a submission to arbitration upon the terms of this section within the meaning of the arbitration and conciliation act, 1996 26 of 1996 (5) the procedure for regulating the work of the tribunal shall be prescribed by the statutes 45 | procedure | of ||--------------|-------|| appeal | and || arbitration | in || disciplinary | |35 (1) any student or candidate for an examination whose name has been removed from the rolls of the university by the orders or resolution of the vice-chancellor, discipline committee or examination committee, as the case may be, and who has been debarred from appearing at the examinations of the university for more than one year, may, within cases against studentsten days of the date of receipt of such orders or copy of such resolution by him, appeal to the executive council and the executive council may confirm, modify or reverse the decision of the vice-chancellor or the committee, as the case may be (2) any dispute arising out of any disciplinary action taken by the university against 50 a student shall, at the request of such student, be referred to a tribunal of arbitration and the provisions of sub-sections (2), (3), (4) and (5) of section 34 shall, as far as may be, apply to a reference made under this sub-section right to appeal 36 every employee or student of the university or of a college or institution maintained by the university or admitted to its privileges shall, notwithstanding anything contained in this act, have a right to appeal within such time as may be prescribed by the statutes, to the executive council against the decision of any officer or authority of the university or of the principal or the management of any college or an institution, as the case may be, and thereupon the executive council may confirm, modify or reverse the decision appealed against 37 (1) the university shall constitute for the benefit of its employees such provident provident and pension funds or pension fund or provide such insurance schemes as it may deem fit in such manner and subject to such conditions as may be prescribed by the statutes 10 (2) where such provident fund or pension fund has been so constituted, the central government may declare that the provision of the provident funds act, 1925, shall apply 28 of 1925 to such fund, as if it were a government provident fund | | | | | | | | | | | | | | disputes | as to ||---------------|-------------|------------|-------------|-------------|-------------|--------------|--------------|-----------------|-------------|--------------|------------|-----------|-------------|-----------|| 38 | if | any | question | arises | as to | whether | any | person | has | been | duly | elected | or | appointed || 15 | | | | | | | | | | | | | | || constitution | of | | | | | | | | | | | | | || university | | | | | | | | | | | | | | || as, | or | is | entitled | to | be, | a | member | of | any | authority | or | other | body | of || matter | shall be | referred | to | the | visitor | whose | decision | thereon | shall | be | final | | | || authorities | and | | | | | | | | | | | | | || bodies | | | | | | | | | | | | | | || filling | of | | | | | | | | | | | | | || casual | | | | | | | | | | | | | | || 39 | ali | casual | vacancies | among | the | members | (other | than | ex | officio | members) | of | any | || authority | or | other | body | of | the | university | shall | be | filled, | as | soon | as | may | be, || vacancies | | | | | | | | | | | | | | || 20 | | | | | | | | | | | | | | || or | body | who | appoints, | elects | or | co-opts | the | member | whose | place | has | become | vacant | and || person | appointed, | elected | or | co-opted | to | a | casual | vacancy | shall | be | a | member | of | such || authority | or | body | for | the | residue | of | the | term | for | which | the | person | whose | place || would | have | been | a | member | | | | | | | | | | || proceedings | of | | | | | | | | | | | | | || university | | | | | | | | | | | | | | || 40 | no | act | or | proceedings | of | any | authority | or | other | body | of | the | university | || shall | be | invalid | merely | by | reason | of | the | existence | of | a | vacancy | or | vacancies | among || 25 | | | | | | | | | | | | | | || its | members | | | | | | | | | | | | | || authorities | or | | | | | | | | | | | | | || bodies | not | | | | | | | | | | | | | || invalidated | by | | | | | | | | | | | | | || vacancies | | | | | | | | | | | | | | || protection | of | | | | | | | | | | | | | || 41 | no | suit | or | other | legal | proceedings | shall | lie | against | any | officer | or | other | employee || action | taken | in | | | | | | | | | | | | || good | faith | | | | | | | | | | | | | || of | the | university | for | anything | which | is | in | good | faith | done | or | intended | to | be || pursuance | of | any | of | the | provisions | of | this | act, | the | statutes | or | the | ordinances | || mode | of | proof | | | | | | | | | | | | || of | university | | | | | | | | | | | | | || 30 | | | | | | | | | | | | | | || 42 | a | copy | of | any | receipt, | application, | notice, | order, | proceeding, | resolution | of | any | | || authority | or | committee | of | the | university, | or | other | documents | in | possession | of | the | university, | || record | | | | | | | | | | | | | | || or | any | entry | in | any | register | duly | maintained | by | the | university, | if | certified | by | the || 35 | | | | | | | | | | | | | | || shall | be | received | as | prima | facie | evidence | of | such | receipt, | application, | notice, | order, | | || proceeding, | resolution, | or | documents | or | the | existance | of | entry | in | the | register | and | shall | be || admitted | as | evidence | of | the | matters | and | transactions | therein | where | the | original | thereof | | || would, | if | produced, | have | been | admissible | in | evidence, | notwithstanding | anything | contained: | | | | || 1 | of | 1872 | | | | | | | | | | | | || in | the | indian | evidence | act, | 1872 | or | in | any | other | law | for | the | time | being || 43 | (j) | if | any | difficulty | arises | in | giving | effect | to | the | provisions | of | this | act, || power | to | | | | | | | | | | | | | || remove | | | | | | | | | | | | | | || central | | | | | | | | | | | | | | || government | | | | | | | | | | | | | | || may, | | | | | | | | | | | | | | || by | | | | | | | | | | | | | | || order | | | | | | | | | | | | | | || published | | | | | | | | | | | | | | || in | | | | | | | | | | | | | | || the | | | | | | | | | | | | | | || official | | | | | | | | | | | | | | || gazette, | | | | | | | | | | | | | | || make | | | | | | | | | | | | | | || such | | | | | | | | | | | | | | || provisions, | | | | | | | | | | | | | | || difficulties | | | | | | | | | | | | | | || not | | | | | | | | | | | | | | || inconsistent | | | | | | | | | | | | | | || with | | | | | | | | | | | | | | || the | | | | | | | | | | | | | | || provisions | | | | | | | | | | | | | | || of | | | | | | | | | | | | | | || this | | | | | | | | | | | | | | || act, | | | | | | | | | | | | | | || as | | | | | | | | | | | | | | || appear | | | | | | | | | | | | | | || to | | | | | | | | | | | | | | || it | | | | | | | | | | | | | | || to | | | | | | | | | | | | | | || be | | | | | | | | | | | | | | || necessary | | | | | | | | | | | | | | || or | | | | | | | | | | | | | | || expedient | | | | | | | | | | | | | | || 40 | | | | | | | | | | | | | | || for | removing | the | difficulty: | | | | | | | | | | | || provided | | | | | | | | | | | | | | || that | | | | | | | | | | | | | | || no | | | | | | | | | | | | | | || such | | | | | | | | | | | | | | || order | | | | | | | | | | | | | | || shall | | | | | | | | | | | | | | || be | | | | | | | | | | | | | | || made | | | | | | | | | | | | | | || under | | | | | | | | | | | | | | || this | | | | | | | | | | | | | | || section | | | | | | | | | | | | | | || after | | | | | | | | | | | | | | || the | | | | | | | | | | | | | | || expiry | | | | | | | | | | | | | | || of | | | | | | | | | | | | | | || three | | | | | | | | | | | | | | || years | | | | | | | | | | | | | | || from | | | | | | | | | | | | | | || the | | | | | | | | | | | | | | || commencement | | | | | | | | | | | | | | || of | | | | | | | | | | | | | | || this | | | | | | | | | | | | | | || act | | | | | | | | | | | | | | |(2) every order made under this section shall be laid, as soon as may be after it is made, before each house of parliament 4544 notwithstanding anything contained in this act and the statutes, transtitional provisions (a) the first vice-chancellor shall be appointed by the visitor in such manner and on such conditions as may be deemed fit and each of the said officer shall hold office for such term, not exceeding five years as may be specified by the visitor; (b) the first registrar and the first finance officer shall be appointed by the visitor and each of the said officers shall hold office for a term of three years; (c) the first court and the first executive council shall consist of not more than thirty members and eleven members, respectively, who shall be nominated by the visitor and shall hold office for a term of three years; (d) the first college development council shall consist of not more than ten members, who shall be nominated by the visitor and they shall hold office for a term of three years; 10 (e) the first academic council shall consist of not more than twenty-one members, who shall be nominated by the visitor and they shail hold office for a term of three years: provided that if any vacancy occurs in the above offices or authorities, the same 15 shall be filled by appointment or nomination, as the case may be, by the visitor, and the person so appointed or nominated shall hold office for so long as the officer or member in whose place he is appointed or nominated would have held office, if such vacancy had not occurred 45, notwithstanding anything contained in this act, or in the statutes or the ordinances, any student of a college, institution, school or department, who, immediately before the admission of such college, institution, school or department, to the privileges 20 of the university, was studying for a degree, diploma or certificate of the north-eastern completion of courses of studies in colleges or institutions affiliated to the university hill university, shall be permitted by the university, to complete his course for that degree, diploma or certificate, as the case may be, and the mizoram university and such college, institution, school or department, shall provide for the instructions and examination of such student in accordance with the syllabus of studies of the north- eastern hill university 46 (j) every statute, ordinance or regulation made under this act shall be published 25 in the official gazette statutes, ordinances and regulations to (2) every statute, ordinance or regulation made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for' be published in the official gazette and to 30 be laid before parliament a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the statute, ordinance or regulation or both houses agree that the statute, ordinance or regulation should not be made, the statute, ordinance or regulation shal] thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, 35 that any such modification or annulment shall be without prejudice to the validity of anything previously done under that statute, ordinance or regulation (3) the power to make statutes, ordinances or regulations shall include the power 40 to give retrospective effect from a date not earlier than the date of commencement of this act, to the statutes, ordinances or regulations or any of them but no restrospective effect shall be given to any statute, ordinance or regulation so as to prejudicially affect the interests of any person to whom such statute, ordinance or regulation may be applicable amendment of 47 in the north-eastern hill university act, 1973,— act 24 of 1973(i) in section 1, in sub-section (2), for the words "union territories of arunachal pradesh and mizoram", the words "state of arunachal pradesh" shall be substituted; 45 (ii) in section 2, in clause (j) for the words "union territories of arunachal pradesh and mizoram", the words "state of arunachal pradesh" shall be substituted; (iii) in section 6, in sub-section (/), for the words "union territories of arunachal _ pradesh and mizoram", the words "state of arunachal pradesh" shall be substituted the schedule(see section 27) the statutes of the universitythe vice-chancellor 1 (1) the vice-chancellor shall be appointed by the visitor from a panel of not less than three nersons who shall be recommended by a committee as constituted under clause (2): provided that if the visitor does not approve of any of the persons included in the panel, he may call for a fresh panel 10 (2) the committee referred to in clause (j) shall consist of three persons, none of whom shall be an employee of the university or an institution associated with the university, or a member of the executive council or academic council or of any other authority of the university out of the three persons, two shall be nominated by the executive council and one by the visitor and the nominee of the visitor shall be the convenor of the committee 15 (3) the vice-chancellor shall be a whole-time salaried officer of the university (4) the vice-chancellor shall hold office for a term of five years from the date on which he enters upon his office, or until he attains the age of sixty-five years, whichever is earlier, and he shall not be eligible for re-appointment: 20 provided that notwithstanding the expiry of the said period of five years, he shall continue in office until his successor is appointed and enters upon his office: provided further that the visitor may direct any vice-chancellor after his term has expired, to continue in office for such period, not exceeding a total period of one year, as may be specified by him or till his successor is appointed and enter upon his office, whichever is earlier 25 (5) the emoluments and other conditions of service of the vice-chancellor shall be as follows:— 30 (i) the vice-chancellor shall be paid a monthly salary and allowances other than the house rent allowance, at the rates fixed by tlie central government from time to time and he shall be entitled, without payment of rent, to use a furnished residence throughout his term of office and no charge shall fall on the vice-chancellor in respect of the maintenance of such residence (ii) the vice-chancellor shall be entitled to such terminal benefits and allowances as may be fixed by the executive council with the approval of the 35 visitor from time to time: provided that where an employee of the university or a college or an institution maintained by or affiliated to it, or of any other university or any institution maintained by or affiliated to such other university, is appointed as the vice- chancellor, he may be allowed to continue to contribute to any provident fund of 40which he is a member and the university shall contribute to the account of such person in that provident fund at the same rate at which the person had been contributing immediately before his appointment as the vice-chancellor: provided further that where such employee had been member of any pension scheme, the university shall make the necessary contribution to such scheme (iii) the vice-chancellor shall be entitled to travelling allowance at such rates as may be fixed by the executive council 5 (iv) the vice-chancellor shall be entitled to leave on full pay at the rate of thirty days in a calendar year and the leave shall be credited to his account in advance in two half-yearly instalments of fifteen days each on the ist day of january and july every year: provided that if the vice-chancellor asumes or relinquishes charge of the 10 office of the vice-chancellor during the currency of a half year, the leave shall be credited proportionately at the rate of two and-a-half days for each completed month of service (v) in addition to the leave referred to in sub-clause (iv), the vice-chancellor shall also be entitled to half pay leave at the rate of twenty days for each completed 15 year of service this half pay leave may also availed of as commuted leave on full pay on medical certificate when commuted leave is availed, twice the amount of half pay leave shall be debited against half pay leave due (6) if the office of the vice-chancellor becomes vacant due to death, resignation or otherwise, or if he is unable to perform his duties due to ill health or any other cause, the 20 pro-vice-chancellor shall perform the duties of the vice-chancellor: provided that if the pro-vice-chancellor is not available, the senior most professor shall perform the duties of the vice-chancellor untill a new vice-chancellor assumes office or untill the existing vice-chancellor attends to the duties of his office, as the case may be 25 powers and duties of the vice-chancellor 2 (1) the vice-chancellor shall be ex officio chairman of the executive council, the academic council, the planning board and the finance committee and shall, in the absence of the chancellor, preside at the convocations held for conferring degrees (2) the vice-chancellor shall be be entitled to be present at, and address, any meeting 30 of any authority or other body of the university, but shail not be entitled to vote thereat unless he is a member of such authority or body (3) it shall be the duty of the vice-chancellor to see that this act, the statutes, the ordinances and the regulations are duly observed and he shall have all the powers necesary to ensure such observance 35 (4) the vice-chancellor shall exercise control over the affairs of the university and shall give effect to the decisions of all the authorities of the university (5) the vice-chancellor shall have all the powers necessary for the proper maintenance of discipline in the university and he may delegate any such powers to such person or persons as he deems fit 40 (6) the vice-chancellor shall have the power to convene or cause to be convened the meeting of the executive council, the academic council and the finance committee pro-vice-chancellor 3 (1) every pro-vice-chancelfor shall be appointed by the executive council on the recommendation of the vice-chancellor: 45 provided that where the recommendation of the vice-chancellor is not accepted by the executive council, the matter shall be referred to the visitor who may either appointthe person recommended by the vice-chancellor or ask the vice-chancellor to recommend another person to the executive council: provided further that the executive council may, on the recommendation of the vice-chancellor, appoint a professor to discharge the duties of a pro- vice-chancellor in addition to his own duties as a professor (2) the term of office of a pro-vice-chancellor shall be such as may be decided by the executive council but it shall not in any case exceed five years or until the expiration of the term of office of the vice-chancellor, whichever is earlier: provided that a pro- vice-chancellor whose term of office has expired shall be eligible for re-appointment: 10 provided further that, in any case, a pro-vice-chancellor shall retire on attaining the age of sixty-five years: provided also that the pro- vice-chancellor shall, while discharging the duties of the vice-chancellor under clause (6) of statute 2, continue in office notwithstanding the expiration of his term of office as pro-vice-chancellor , until a new vice-chancellor or 15 the vice-chancellor, as the case may be, assumes office: provided also that when the office of the vice-chancellor becomes vacant and there is not pro-vice- chancellor to perform the functions of the vice-chancellor, the executive council may appoint a pro-vice-chancellor and the pro-vice-chancellor so appointed 20 shall cease to hold office as such as soon as a vice-chancellor is appointed and enters upon his office (3) the emoluments and other terms and conditions of srvice of a pro- vice-chancellor shall be such as may be prescribed by the executive council from time to time (4) the pro- vice-chancellor shall assist the vice-chancellor in respect of such matters 25 as may be specified by the vice-chancellor in this behalf, from time to time, and shall also exercise such powers and perform such duties as may be assigned or delegated to him by the vice-chancellor registrar30 4 (1) the registrar shall be appointed by the executive council on the recommendation of a selection committee constituted for the purpose and shall be a whole-time salaried officer of the university (2) he shall be appointed for a term of five years and shall be eligible for re-appointment (3) the emoluments and other terms and conditions of service of the registrar shall 35 be such as may be prescribed by the executive council from time to time provided that the registrar shall retire on attaining the age of sixty years: provided further that a registrar shall, notwithstanding his attaining the age of sixty years, continue in office until his successor is appointed and enters upon his office or until the expiry of a period of one year, whichever is ealrier 40 (4) when the office of the registrar is vacant or when the registrar is, by reason of illness, absence or any other cause, unable to perform the duties of his office, the duties of the officer shall be performed by such person as the vice-chancellor may appoint for the purpose 45(5) (a) the registrar shall have power to take disciplinary action against such of the employees, excluding teachers and academic staff, as may be specified in the order of the executive council and to suspend them pending inquiry, to administer warnings to them or to impose on them the penalty of censure or the withholding of increment: provided that no such penalty shall be imposed unless the person has been given a reasonable opportunity of showing cause against the action proposed to be taken in regard to him (b) an appeal shall lie to the vice-chancellor against any order of the registrar imposing any of the penalties specified in sub-clause (a) (c) in a cause where the inquiry discloses that a punishment beyond the power of the registrar is called for, the registrar shall, upon concluding of the inquiry, make a report to the vice-chancellor along with his recommendations: provided that an appeal shall lie to the executive council against an order of the 10 vice-chancellor imposing any penalty (6) the registrar shall be ex officio secretary of the executive council, the academic council and the college development council, but shall not be deemed to be a member of any of these authorities and he shall be ex officio member-secretary of the court (7) it shall be the duty of the registrar-— (a) to be the custodian of the records, the common seal and such other property 15 of the university as the executive council shall commit to his charges; (b) to issue all notices convening meetings of the court, the executive council, the academic council, the college development council, and of any committees appointed by those authorities; (c) to keep the minutes of all the meetings of the court, the executive council, 20 the academic council, the college development council and of any committees appointed by those authorities; (d) to conduct the official correspondence of the court, the executive council, the academic council and the college development council; 25 (e) to arrange for and superintend the examinations of the university in accordance with the manner prescribed by the ordinances; (f) to supply to the visitor copies of the agenda of the meetings of the authorities of the university as soon as they are issued and the minutes of such meetings; (g) to represent the university in suits or proceedings by or against the 30 university, sign powers of attorney and verify pleading or depute his representative for the purpose; and (h) to perform such other duties as may be specified in the statutes, the ordinances or the regulations or as may be required from time to time by the executive council or the vice-chancellor the finance officer 35 5 (1) the finance officer shall be appointed by the executive council on the recommendations of a selection committee constituted for the purpose and he shall be a whole-time salaried officer of the university (2) he shall be appointed for a term of five years and shall be eligible for re- 40 appointment (3) the emoluments and other terms and conditions of service of the finance officer shall be such as may be prescribed by the executive council from time to time provided that a finance officer shall retire on attaining the age of sixty years:provided further that the finance officer shall, notwithstanding his attaining the age of sixty years, continue in office until his successor is appointed and enters upon his office or until the expiry of a period of one year, whichever is earlier (4) when the office of the finance officer is vacant or when the finance officer is, by reason of illness, absence or any other cause, unable to perform the duties of his office, the duties of the office shall be performed by such person as the vice-chancellor may appoint for the purpose (5) the finance officer shall be ex officio secretary of the finance committee, but shall not be deemed to be a member of such committee (6) the finance officer shalli— 10 (a) exercise general supervision over the funds of the university and shall advise it as regards its financial policy; and (b) perform such other financial functions as may be assigned to him by the executive council or as may be prescribed by the statutes or the ordinances (7) subject to the control of the executive council, the finance officer shall-—— 15 (a) hold and manage the property and investments of the university including trust and endowed property; (b) ensure that the limits fixed by the executive council for recurring and non-recurring expenditure for a year are not exceeded and that all moneys are expended on the purpose for which they are granted or allotted; 20 (c) be responsible for the preparation of annual accounts and the budget of the university and for their presentation to the executive council; (d) keep a constant watch on the state of the cash and bank balances and on the state of investments; (e) watch the progress of the collection of revenue and advise on the methods 25 of collection employed; 30 (f) ensure that the registers of buildings, land, furniture and equipment are maintained up-to-date and that stock-checking is conducted, of equipment and other consumable materials in all offices, special centres, specialised laboratories, colleges and institutions maintained by the university; (g) bring to the notice of the vice-chancellor unauthorised expenditure and other financial irregularities and suggest disciplinary action against persons at fault; and 35 (h) call for from any office, centre, laboratory, college or institution maintained by the university any information or returns that he may consider necessary for the performance of his duties (8) any receipt given by the finance officer or the person or persons duly authorised in this behalf by the executive council for any money payable to the university shall be sufficient discharge for payment of such money 40 deans of schools of studies 6 (1) every dean of a school of studies shall be appointed by the vice-chancellor from among the professors in the school for a period of three years and he shall be eligible for reappointment: 45provided that a dean on attaining the age of sixty years shall cease to hold office as such: provided further that if at any time there is no dean in a school, the vice-chancellor, pro-vice-chancellor or a dean authorised by the vice-chancellor in this behalf, shall exercise the powers of the dean of the school (2) when the office of the dean is vacant or when the dean is, by reason of illness, 5 absence or any other cause, unable to perform duties of his office, the duties of the office shall be performed by such person as the vice-chancellor may appoint for the purpose (3) the dean shall be the head of the school and shall be responsible for the conduct and maintenance of the standards of teaching and research in the school and shall have such other functions as may be prescribed by the ordinances 10 (4) the dean shall have the right to be present and to speak at any meeting of the boards of studies or committees of the school, as the case may be, but shall not have the right to vote thereat unless he is a member thereof heads of departments7 (1) in the case of departments which have more than one professor the head of 15 the department shall be appointed by the executive council on the recommendation of the vice-chancellor from among the professors (2) in the case of departments where there is no professor or there is only one professor, the executive council shall have the option to appoint, on the recommendation of the vice-chancellor, either the professor or a reader as the head of the department 20 provided that it shall be open to a professor or reader to decline the officer of appointment as the head of the department (3) a professor appointed as the head of the department shall hold office as such for a period of three years and shall be eligible for reappointment (4) a head of a department may resign his office at any time during his tenure of 25 office (5) a head of a department shall perform such functions as may be prescribed by the ordinances proctors8 (1) every proctor shall be appointed by the executive council on the 30 recommendation of the vice-chancellor and shall exercise such powers and perform such duties as may be assigned to him by the vice-chancellor (2) the proctor shall hold office for a term of two years and shall be eligible for reappointment librarian35 9 (1) the librarian shall be appointed by the executive council on the recommendations of the selection committee constituted for the purpose and he shall be a whole-time officer of the university (2) the librarian shall exercise such powers and perform such duties as may be assigned to him by the executive council 40 meetings of the court10 (1) an annual meeting of the court shall be held on a date to be fixed'by the executive council unless some other date has been fixed by the court in respect of any year(2) at an annual meeting of the court, a report on the working of the university during the previous year, together with a statement of the receipts and expenditure, the balance-sheet as audited, and the financial estimates for the next year shall be presented (3) a copy of the statement of receipts and expenditure, the balance-sheet and the financial estimates referred to in clause (2) shall be sent to every member of the court at least seven days before the date of the annual meeting (4) twelve members of the court shall form a quorum for a meeting of the court (5) special meetings of the court may be convened by the executive council or the vice-chancellor or if there is no vice-chancellor, pro-vice-chancellor or if there is no pro-vice-chancellor, by the registrar, 10 quorum for meetings of the executive council 11 five members of the executive council shall form a quorum for a meeting of the executive council powers and functions of the executive council 15 12 (1) the executive council shall have the power of management and administration of the revenue and property of the university and the conduct of all administrative affairs of the university not otherewise provided for (2) subject to the provisions of this act, the statutes and the ordinances, the executive council shall, in addition to all other powers vested in it, have the following powers, namely:— 20 (i) to create teaching and academic posts, to determine the number and emoluments of such posts and to define the duties and conditions of service of professors, readers, lecturers and other academic staff and principals of colleges and institutions maintained by the university: provided that no action shall be taken by the executive council in respect of 25 the number, qualification and the emoluments of teachers and academic staff otherwise than after consideration of the recommendations of the academic council; (ii) to appoint such professors, readers, lecturers and other academic staff, 30 as may be ncessary, and principals of colleges and institutions maintained by the university on the recommendation of the selection committee constituted for the purpose and to fill up temporary vacancies therein; (iii) to create administrative, ministerial and other necessary posts and to make appointments thereto in the manner prescribed by the ordinances; 35 (iv) to grant leave of absence to any officer of the university other than the chancellor and the vice- chancellor, and to make necessary arrangements for the discharge of the functions of such officer during his absence; (v) to regulate and enforce discipline among employees in accordance with the statutes and the ordinances; 40 (vi) to manage and regulate the finances, accounts, investments, property, business and all other administrative affairs of the university is and for that purpose to appoint such agents as it may think fit; (vii) to fix limits on the total recurring and the total non-recurring expenditure for a year on the recommendations of the finance committee; 45(viii) to invest any money belonging to the university, including any unapplied income, in such stocks, funds, share or securities, from time to time as it may think fit or in the purchase of immovable property in india, with the like powers of varying such investment from time to time; (ix) to transfer or accept transfers of any movable or immovable property on behalf of the university; 5 (x) to provide buildings, premises, furniture and apparatus and other means needed for carrying on the work of the university; (xi) to enter into, vary, carry out and cancel contracts on behalf of the university; (xii) to entertain, adjudicate upon, and if thought fit, to redress any grievances of the employees and students of the university who may, for any reason, feel 10 aggrieved; (xiii) to appoint examiners and moderators and, if necessary, to remove them, and to fix their fees, emoluments and travelling and other allowances, after consulting the academic council; (xiv) to select a common seal for the university and provide for the custody 15 and use of such seal; (xv) to make such special arrangements as may be necessary for the residence and discipline of women students; (xvi) to delegate any of its powers to the vice-chancellor, the pro-vice- chancellor, the deans, the registrar or the finance officer or such other employee 20 or authority of the university or to a committee appointed by it as it may deem fit; (xvii) ta institute fellowships, scholarships, studentships, medals and prizes; and (xviii) to provide for inviting: writers-in-residence and determined the terms and conditions or such 5 invitations; (xix) to provide for the appointment of visiting professors, emeritus professors; consultants and scholars and determine the terms and conditions of such appointments; and (xx) to exercise such other powers and perform such other duties as may be 30 conferred or imposed on it by the act, or the statutes quorum for meetings of the academic council13 nine members of the academic council shall form a quorum for a meeting of the academic council powers and functions of the academic council35 14 subject to the act, the statutes and the ordinances, the academic council shall, in addition to all other powers vested in it, have the following powers, namely:— (a) to exercise general supervision over the academic policies of the university and to give directions regarding methods of instructions, co-ordinating teaching among the colleges and the institutions, evaluation of research or improvement in 40 academic standards; (b) to bring about inter-school co-ordination, to establish or appoint committees or boards, for taking up projects on an inter-school basis; (c) to consider matters of general academic interest either on its own initiative or on a reference by a school or the executive council and to take appropriate 45 action thereon; and(d) to frame such regulations and rules consistent with the statutes and the ordinances regarding the academic functioning of the university, discipline, residences, admissions, award of fellowship and studentships, fees, concesssions, corporate life and attendance schools of studies and departments15 (1) the unversity shall have such schools of studies as may be specified in the statutes (2) every school shall have as school board and the members of the first school board shall be nominated by the executive council and shall hold office for a period of three years 10 (3) the powers and functions of a school board shall be prescribed by the ordinances (4) the conduct of the meetings of a school board and the quorum required for such meetings shall be prescribed by the ordinances (5) (a) each school shall consist of such departments as may be assigned to it by 15 the ordinances; provided that the executive council may, on the recommendation of the academic council, establish centres of studies to which may be assigned such teachers of the university as the executive council may consider necessary (c) each department shall consist of the following members, namely:— 20 (i) teachers of the department; (ii) persons conducting research in the department; (iii) dean of the school; (iv) honourary professors, if any, attached to the department; and 25 (v) such other persons as may be members of the department in accordance with the provisions of the ordinances board of studies16 (1) each department shall have a board of studies (2) the constitution of the board of studies and the term of office of its members 30 shall be prescribed by the ordinances, (3) subject to the overall control and supervision of the academic council, the functions of a board of studies shall be to approve subjects for research for various degrees and other requirements of research degrees and to recommend to the concerned school board in the manner prescribed by the ordinances— 35 (a) courses of studies and appointment of examiners for courses, but excluding research degrees; (b) appointment of supervisors of research; and (c) measures for the improvement of the standard of teaching and research: 40provided that the above functions of a board of studies shall, during the period of three years immediately after the commencement of the act, be performed by the department finance committee17 (1) the finance committee shall consist of the following members, namely:— (i) the vice-chancellor; (if) the pro-vice-chancellor; 5 (iii) three persons nominated by the executive council, out of whom at least one shall be a member of the executive council; and (iv) three persons nominated by the visitor (2) five members of the finance committee shall form a quorum for a meeting of the finance committee to (3) all the members of the finance committee, other than ¢x officio members, shall hold office for a term of three years (4) a member of the finance committee shali have the right to record a minute of dissent if he does not agree with any decision of the finance committee (5) the finance committee shall meet at least thrice every year to examine the 15 accounts and to scrutinise proposals for expenditure (6) all proposals relating to creation of posts, and those items which have not been included in the budget, should be examined by the finance committee before they are considered by the executive council (7) the annual accounts and the financial estimates of the university prepared by 20 the finance officer shall be laid before the finance committee for consideration and comments and thereafter submitted to the executive council for approval (8) the finance committee shall recommend limits for the total recurring expenditure and the total non-recurring expenditure for the year, based on the income and resources of the university (which, in the case of productive works, may include the proceeds of loans) 25 selection committees18 (/) there shall be selection committees for making recommendations to the executive council for appointment to the posts of professor, reader, lecturer, registrar, finance officer, librarian and principals of colleges and institutions maintained by the university 30 (2) the selection committee for appointment to the posts specified in column 1 of the table below shall consist of the vice-chancellor, pro-vice-chancellor, a nominee of the visitor and the persons specified in the corresponding entry in column 2 of the said table:— table| | | | | | | | | | 35 | 1 | 2 ||-------------|-----|-----------|------|----|-----------|------------|-----------|-------|-------|------|------|| professor | (i) | the | head | of | the | department | concerned | if | he | is | a || professor | | | | | | | | | | | || (ii) | one | professor | to | be | nominated | by | the | vice- | | | || chancellor | | | | | | | | | | | || 40 | | | | | | | | | | | || (iii) | | | | | | | | | | | || three | | | | | | | | | | | || persons | | | | | | | | | | | || not | | | | | | | | | | | || in | | | | | | | | | | | || the | | | | | | | | | | | || service | | | | | | | | | | | || of | | | | | | | | | | | || the | | | | | | | | | | | || university, | | | | | | | | | | | || nominated | | | | | | | | | | | || by | | | | | | | | | | | || the | | | | | | | | | | | || executive | | | | | | | | | | | || council, | | | | | | | | | | | || out | | | | | | | | | | | || of | | | | | | | | | | | || a | | | | | | | | | | | || panel | | | | | | | | | | | || of | | | | | | | | | | | || names | | | | | | | | | | | || recommended | | | | | | | | | | | || by | | | | | | | | | | | || the | | | | | | | | | | | || academic | | | | | | | | | | | || council | | | | | | | | | | | || for | | | | | | | | | | | || their | | | | | | | | | | | || special | | | | | | | | | | | || knowledge | | | | | | | | | | | || of, | | | | | | | | | | | || or | | | | | | | | | | | || interest | | | | | | | | | | | || in, | | | | | | | | | | | || the | | | | | | | | | | | || subject | | | | | | | | | | | || with | | | | | | | | | | | || which | | | | | | | | | | | || the | | | | | | | | | | | || professor | | | | | | | | | | | || will | | | | | | | | | | | || be | | | | | | | | | | | || concerned | | | | | | | | | | | || | reader/lecturer | (i) | the | head | of | the | department | concerned ||-------------------|--------------------|----------------|------------|-------------|-----------|----------|---------------|---------------|| (ii) | one | professor | to | be | nominated | by | the | vice- || chancellor | | | | | | | | || (iii) | two | persons | not | in | the | service | of | the || nominated | by | the | executive | council, | out | of | a | panel || of | names | recommended | by | the | academic | council | for | || their | special | knowledge | of, | or | interest | in, | the | subject || with | which | the | reader | or | a | lecturer | will | be || registrar/finance | officer | (i) | two | members | of | the | executive | council || 10 | | | | | | | | || by | it; | and | | | | | | || (ii) | one | person | not | in | the | service | of | the || nominated | by | the | executive | council | | | | || 15 | | | | | | | | || librarian | (i) | two | persons | not | in | the | service | of || who | have | special | knowledge | of | the | subject | of | the || library | science/library | administration | to, | be | | | | || nominated | by | the | executive | council | | | | || (ii) | one | person | not | in | the | service | of | the || nominated | by | the | executive | council | | | | || 20 | | | | | | | | || principal | of | college | or | institution | three | persons | not | in || maintained | by | the | university | whom | two | shall | be | nominated || council | and one | by | the | academic | council | for | their | || special | knowledge | of, | or | interest | in, | a | subject | in || instruction | is | being | provided | by | the | college | or | || institution | | | | | | | | || 25 | | | | | | | | |note: 1 where the appointment is being made for an inter-disciplinary project, the head of the project shall be deemed to be the head of the department concerned 2 the professor to be nominated shall be professor concerned with the speciality 30 for which the selection is being made and that the vice-chancellor shall consult the head of the department and the dean of school before nominating the professor (3) the vice-chancellor, or in his absence, the pro-vice-chancellor shall preside at the meetings of a selection committee: 35 provided that the meetings of the selection committee shall be fixed after prior consultation with, and subject to the convenience of visitor's nominee and the persons nominated by the executive council under clause (2): provided further that the proceedings of the selection committee shall not be valid unless,— (a) where the number of visitor's nominee and the persons nominated by the executive council is four in all, at least three of them attend the meeting; and 40 (b) where the number of visitor's nominee and the persons nominated by the executive council is three in all, at least two of them attend the meeting ' (4) the meeting of a selection committee shall be convened by the vice-chancellor or in his absence by the pro-vice-chancellor as(5) the procedure to be followed by a selection committee in making recommendations shall be laid down in the ordinances (6) if the executive council is unable to accept the recommendations made by a selection committee, it shall record its reasons and submit the case to the visitor for final orders (7) appointments to temporary posts shall be made in the manner indicated below: - 5 (é) if the temporary vacancy is for a duration longer than one academic session, it shall be filled on the advice of the selection committee in accordance with the procedure indicated in the foregoing clauses: provided that if the vice-chancellor is satisfied that in the interests of work it is necessary to fill the vacancy, the appointment may be made on a purely 10 temporary basis by a local selection committee referred to in sub-clause (ii) for a period not execeeding six months (ii) if the temporary vacancy is for a period less than a year, an appointment to such vacancy shall be made on the recommendation of a local selection committee consisting of the dean of the school concerned, the head of the 15 department and a nominee of the vice chancellor: provided that if the same person holds the offices of the dean and the head of the department, the selection committee may contain two nominees of the vice-chancellor: provided further that in the case of sudden casual vacancies of teaching posts 20 caused by death or any other reason, the dean may, in consultation with the head of the department concerned, make a temporary appointment for a month and report to the vice-chancellor and the registrar about such appointment (iii) no teacher appointed temporarily shall, if he is not recommended by a regular selection committee for appointment under the statutes, be continued in 5 service on such temporary employment, unless he is subsequently selected by a local selection committee of a regular selection committee, for a temporary or permanent appointment, as the case may be special mode of appointment19 (1) notwithstanding anything contained in statute 18, the executive council 30 may invite a person of high academic distinction and professional attainments to accept a post of professor or reader or any other academic post in the university, as the case may be, on such terms and conditions as it deems fit, and on the person agreeing to do so appoint him to the post (2) the executive council may appoint a teacher or any other academic staff working 35 in any other university or organisation for undertaking a joint project in accordance with the manner laid down in the ordinances appointment for a fixed tenure 20 the executive council may appoint a person selected in accordance with the procedure laid down in statute 18 for a fixed tenure on such terms and conditions as it 40 deems fit recognised teachers21 (1) the qualifications of recognised teacher shall be such as may be prescribed by the ordinances (2) all applications for the recognition of teachers shall be made in such manner as 45 may be laid down in the ordinances (3) no teacher shall be recognised as a teacher except on the recommendation of a selection committee constituted for the purpose in the manner laid down in the ordinances(4) the period of registration of a teacher shall be determined by the ordinances made in that behalf (5) the academic council may, by a special resolution passed by a majority of not less than two-thirds of the members present and voting, withdraw recognition from a teacher: provided that no such resolution shall be passed until notice in writing has been given to the person concerned calling upon him to show cause, within such time as may be specified in the notice, why such resolution should not be passed and until his objections, if any, and any evidence he may produce in support of them have been considered by the academic council 10 (6) any person aggrieved by an order of withdrawal under clause (5) may, within three months from the date of communication to him of such order, appeal to the executive council which may pass such orders thereon as it thinks fit committees15 22 (1) any authority of the university may appoint as many standing or special committees as it may deem fit, and may appoint to such committees persons who are not members of such authority (2) any such committee appointed under clause (/) may deal with any subject delegated to it subject to subsequent confirmation by the authority appointing terms and conditions of service and code of conduct of the teachers, etc 20 23 (1) all the teachers and other academic staff of the university shall, in the absence of any agreement to the contrary, be governed by the terms and conditions of service and code of conduct as are specified in the statutes, the ordinances and the regulations 25 (2) every teacher and member of the academic staff of the university shall be appointed on a written contract, the form of which shail be prescribed by the ordinances (3) a copy of every contract referred to in clause (2) shall be deposited with the registrar terms and conditions of service and code of conduct of other employees24, all the employees of the university, other than the teachers and other academic 30 staff of the university, shall, in the absence of any contract to the contrary, be governed by the terms and conditions of service and code of conduct as are specified in the statutes, the ordinances and the regulations seniority list25 (1) whenever, in accordance with the statutes, any person is to hold an office 35 or be a member of an authority of the university by rotation according to seniority, such seniority shall be determined according to the length of continuous service of such person in his grade, and, in accordance with such other principles as the executive council may, from time to time, prescribe (2) it shall be the duty of the registrar to prepare and maintain in respect of each 40 class of persons to whom the provisions of these statutes apply, a complete and up-todate seniority list in accordance with the provisions of clause (j) (3) if two or more persons have equal length of continuous service in a particular grade or the relative seniority of any person or persons is otherwise in doubt, the registrar 45may, on his own motion and shall, at the request of any such person, submit the matter to the executive council whose decision thereon shall be final removal of employees of the university 26 (1) where there 1s an allegation of misconduct against a teacher, a member of the academic staff or other employee of the university, the vice-chancellor, in the case of the teacher or member of the academic staff, and the authority competent to appoint (hereinafter referred to as the appointing authority) in the case of other employee may, by order in writing, place such teacher, member of the academic staff or other employee, as the case may be, under suspension and shall forthwith report to the executive council the circumstances in which the order was made: provided that the executive council may, if it is of the opinion, that the circumstances of the case do not warrant the suspension of the teacher or a member of 10 the academic staff, revoke such order (2) notwithstanding anything contained in the terms of the contract of appointment or of any other terms and conditions of service of the employees, the executive council in respect of teachers and other academic staff, and the appointing authority, in respect 15 of other employees, shall have the power to remove a teacher or a member of the academic staff, or as the case may be, other employee on grounds of misconduct (3) save as aforesaid, the executive council, or as the case may be, the appointing authority, shall not be entitled to remove any teacher, member of the academic staff or other employee except for a good cause and after giving three months' notice or on payment of three months' salary in lieu thereof 20 (4) no teacher, member of the academic staff or other employee shall be removed under clause (2) or clause (3) unless he has been given a reasonable opportunity of showing cause against the action proposed to be taken in regard to him (5) the removal of a teacher, member of the academic staff or other employee shall take effect from the date on which the order of removal is made 25 provided that where the teacher, member of the academic staff or other employee is under suspension at the time of his removal, such removal shall take effect from the date on which he was placed under suspension (6) notwithstanding anything contained in the foregoing provisions of this statute, 30 a teacher, member of the academic staff or other employee may resign,— (a) if he is a permanent employee, only after giving three months' notice in writing to the executive council or the appointing authority, as the case may be, or by paying three months' salary in lieu thereof; (b) if he is not a permanent employee, only after giving one month's notice in writing to the executive council or, as the case, may be, the appointing authority 35 or by paying one month's salary in lieu thereof: provided that such resignation shall take effect only on the date on which the resignation is accepted by the executive council or the appointing authority, as the case may be honorary degrees40 27 (1) the executive council may, on the recommendation of the academic council and by a resolution passed by a majority of not less than two-thirds of the members present and voting, make proposals to the visitor for the conferment of honorary degrees: provided that in case of emergency, the executive council may, on its own motion, make such proposals 45 (2) the executive council may, by a resolution passed by a majority of not less than two-thirds of the members present and voting, withdraw, with the previous sanction of the visitor, any honorary degree conferred by the university withdrawal of degrees, etc28 the executive council may, by a special resolution passed by a majority of not less than two-thirds of the members present and voting, withdraw any degree or academic distinction conferred on, or any certificate or diploma granted to, any person by the university for goods and sufficient cause: provided that no such resolution shall be passed until a notice in writing has been given to that person calling upon to him to show cause within such time as may be specified in the notice why such a resolution should not be passed and until his objections, if any, and any evidence he may produce in support of them, have been considered by the executive council 10 maintenance of discipline among students of the university29, (1) all powers relating to discipline and disciplinary action in relation to students of the university shall vest in the vice-chancellor (2) the vice-chancellor may delegate all or any of his powers as he deems proper to a proctor and to such other officers as he may specify in this behalf 15 (3) without prejudice to the generality of his powers relating to the maintenance of discipline and taking such action, as may seem to him appropriate for the maintenance of discipline, the vice-chancellor may, in exercise of his powers, by order, direct that any student or students be expelled, or rusticated, for a specified period, or be not admitted to 20 a course or courses of study in a college, institution or department or a school of the university for a stated period, or be punished with fine for an amount to be specified in the order, or be debarred from taking an examination or examinations conducted by the university, college, institution or department or a school for one or more years, or that 25 the results of the student or students concerned in the examination or examinations in which he or they have appeared be cancelled (4) the principals of colleges, institutions, deans of schools of studies and heads of teaching departments in the university shall have the authority to exercise all such disciplinary powers over the students in their respective colleges, institutions, schools and teaching departments in the university as may be necessary for the proper conduct of such colleges, institutions, schools and teaching departments 30 (5) without prejudice to the powers of the vice-chancellor, the principal and other persons specified in clause (4), detailed rules of discipline and proper conduct shall be made by the university the principals of colleges, institutions, deans of schools of studies and heads of teaching departments in the university may also make the supplementary rules as they deem necessary for the aforesaid purposes 35 (6) at the time of admission, every student shall be required to sign a declaration to the effect that he submits himself to the disciplinary jurisdiction of the vice-chancellor and other authorities of the university maintenance of discipline among students -of college, etc30 all powers relating to discipline and disciplinary action in relation to students 40 of a college or an institution, not maintained by the university, shall vest in the principal of the college or institution, as the 'case may be, in accordance with the procedure prescribed by the ordinances admission of colleges, etc, to the privileges of the university45 31 (1) colleges and other institutions situated within the jurisdiction of the university may be admitted to such privileges of the university as the executive council and the college development council may decide on the following conditions, namely:— 50(i) every such college or institution shall have a regularly constituted governing body, consisting of not more than fifteen persons approved by the executive council and including among others, two teachers of the university to be nominated by the executive council and three representatives of the teaching staff of whom the principal of the college or' institution shall be one the procedure for appointment of members of the governing body and other matters affecting the management of a college or an institution shall be prescribed by the ordinances: provided that the said condition shall not apply in the case of colleges and institutions maintained by government which shall, however, have an advisory committee consisting of not more than fifteen persons which shall consist of among others, three teachers including the principal of the college or institution, and two teachers of the university nominated by the executive council (ii) every such college or institution shall satisfy the executive council and 10 the college development council on the following matters, namely:— (a) the suitability and adequacy of its accommodation and equipment for teaching; (b) the qualifications and adequacy of its teaching staff and the conditions of their service; 15 (c) the arrangements for the residence, welfare, discipline and supervision of students; (d) the adequacy of financial provision made for the continued maintenance of the college or institution; and 20 (e) such other matters as are essential for the maintenance of the standards of university education (iit) no college or institution shall be admitted to any privileges of the university except on the recommendation of the academic council made after considering the report of a committee of inspection appointed for the purpose by the academic council 25 (iv) colleges and institutions desirous of admission to any privileges of the university shall be required to intimate their intention to do so in writing so as to reach the registrar not later than the 15th august, preceding the year from which permission applied for is to have effect 30 (v) a college or an institution shall not, without the previous permission of the executive council college development council and the academic council, suspend instruction in any subject or course of study which it is authorised to teach and teaches 35 (2) appointment to the teaching staff and principals of colleges or institutions admitted to the privileges of the university shall be made in the manner prescribed by the ordinances: provided that nothing in this clause shall apply to colleges and institutions maintained by government (3) the service conditions of the administrative and other non-academic staff of every college or institution referred to in clause (2) shall be such as may be laid down in 40 the ordinances: provided that nothing in this clause shall apply to colleges and institutions maintained by government (4) every college or institution admitted to the privileges of the university shall 45 be inspected at least once in every two academic years by a committee appointed by the academic council, and the report of the committee shall be submitted to the academic council, which shall forward the same to the college development council and executive council with such recommendations as it may deem fit to make(5) the college development council and the executive council, after considering the report and the recommendations, if any, of the academic council, shall forward a copy of the report to the governing body of the college or institution with such remarks, if any, as they may deem fit for suitable action (6) the executive council may, after consulting the college development council and academic council, withdraw any privileges granted to a college or an institution, at any time it considers that the college or institution does not satisfy any of the conditions on the fulfilment of which the college or institution was admitted to such privileges: 10 provided that before any privileges are so withdrawn, the governing body of the college or institution concerned shall be given an opportunity to represent to the executive council why such action should not be taken (7) subject to the conditions set forth in clause (/), the ordinances may prescribe— (i) such other conditions as may be considered necessary; (ii) the procedure for the admission of colleges and institutions to the privileges of the university and for the withdrawal of those privileges 15 convocations32 convocation of the university for the conferring of degrees or for other purposes shall be held in such manner as may be prescribed by the ordinances acting chairman of meetings 20 33 where no provision is made for a president or chairman to preside over a meeting of any authority of the university or any committee of such authority or when the president or chairman so provided for is absent, the members present shall elect one from among themselves to preside at such meeting resignation25 34 any member, other than an ex officio member of the court, the executive council, the academic council or any other authority of the university or any committee of such authority may resign by letter addressed to the registrar and the resignation shall take effect as soon as such letter is received by the registrar disqualification35 (1) a person shall be disqualified for being chosen as, and for being, a member 30 of any of the authorities of the university,— (é) if he is of unsound mind; (ii) if he is an undischarged insolvent; 35 (iii) if he has been convicted by a court of law of an offence involving moral turpitude and sentenced in respect thereof to imprisonment for not less than six months (2) if any question arises as to whether a person is or had been subjected to any of the disqualifications mentioned in clause (/), the question shall be referred to the visitor and his decision shall be final and no suit or other proceeding shall lie in any civil court 40against such decision residence condition for membership and office 36 notwithstanding anything contained in the statutes, a person who is not ordinarily resident in india shall not be eligible to be an office of the university or a member of any authority of the university membership of authorities by vartue of membership of other bodies37 notwithstanding anything contained in the statutes, a person who holds any post in the university or is a member of any authority or body of the university in his capacity as a member of a particular authority or body or as the holder of a particular appointment shall hold such office or membership only for so long as he continues to be a member of that particular authority or body or the holder of that particular appointment, as the case may be alumni association38 (1) there shall be an alumni association for the university (2) the subscription for membership of the alumni association shall be prescribed 10 by the ordinances (3) no member of the alumni association shall be entitled to vote or stand for election unless he has been a member of the association for at least one year prior to the date of the election and is a degree holder of the university of at least five years standing: provided that the condition relating to the completion of one year's membership 15 shall not apply in the case of the first election students' council39 (1) there shall be constituted in the university, a students' council for every academic year, consisting of: 20 (i) the deam of students' welfare who shall be the chairman of the students' council; (ii) all students who have won prizes in the previous academic year in the fields of studies, fine arts, sports and extension work; (iii) twenty students to be nominated by the academic council on the basis 25 of merit in studies, sports, activities and all-round development of personality: provided that any student of the university shall have the right to bring up any matter concerning the university before the students' council if so permitted by the chairman, and he shall have the right to participate in the discussions at any meeting when the matter is taken up for consideration 30 (2) the functions of the students' council shall be to make suggestions to the appropriate authorities of the university in regard to the programmes of studies, students' welfare and other matters of importance, in regard to the working of the university in general and such suggestions shali be made on the basis of consensus of opinion (3) the students' council shall meet at least pnce in an academic year preferably 35 in the beginning of that year ordinances how made40 (1) the first ordinances made under sub-section (2) of section 28 may be amended, repealed or added to at any time by the executive council in the manner specified below 40 (2) no ordinance in respect of the matters enumerated in section 28, other than those enumerated in clause (7) of sub-section (/) thereof, shall be made by the executive council unless a draft of such ordinance has been proposed by the academic council (3) the executive council shall not have power to amend any draft of any ordinance proposed by the academic council under clause (2), but may reject the proposal or return the draft to the academic council for re-consideration, either in whole or in part, 45 together with any amendment which the executive council may suggest(4) where the executive council has rejected or returned the draft of an ordinance roposed by the academic council, the academic council may consider the question fresh and in case the original draft is reaffirmed by a majority of not less than two-thirds f the members present and voting and more than half the total number of members of 1e academic council, the draft may be sent back to the executive council which shall ither adopt it or refer it to the visitor whose decision shall be final (5) every ordinance made by the executive council shall come into effect nmediately , (6) every ordinance made by the executive council shall be submitted to the 10 'isitor within two weeks from the date of its adoption the visitor shall have the power ) direct the university within four weeks of the receipt of the ordinance to suspend the peration of any such ordinance and he shall, as soon as possible, inform the executive 'ouncil about his objection to the proposed ordinance the visitor may, after receiving 1e comments of the university, either withdraw the order suspending the ordinance or isallow the ordinance, and his decision shall be final 15 regulations41 (1) the authorities of the university may make regulations consistent with 1e act, the statutes and the ordinances for the following matters, namely:— (i) laying down the procedure to be observed at their meetings and the number of members required to form a quorum; 20 (ii) providing for all matters which are required by the act, the statutes or the ordinance to be prescribed by regulations; 25 (iii) providing for all other matters solely concerning such authorities or committees appointed by them and not provided for by the act, the statutes or the ordinances (2) every authority of the university shall make regulations providing for the iving of notice to the members of such authority of the dates of meeting and of the usiness to be considered at meetings and for the keeping of a record of the proceedings f meetings 30 (3) the executive council may direct the amendment in such manner as it may pecify of any regulation made under the statutes or the annulment of any such egulation delegation of powers42 subject to the provisions of the act and the statutes, any officer or authority of 351¢ university may delegate his or its powers to any other officer or authority or person nder his or its respective control and subject to the condition that overall responsibility or the exercise of the powers so delegated shall continue to vest in the officer or authorify elegating such powers statement of objects and reasonsthe need to have a separate university for the state of mizoram has been felt ever since the state was formed in pursuance to the mizo accord, 1986 the higher education needs of the state of mizoram are presently being served by the north-eastern hill university which has jurisdiction over the state however, this arrangement has not been able to meet the expectations of the people of mizoram the state government has been continuously pressing for a separate university a decision was taken, in principle, in june 1997 to establish a central university in the state of mizoram to meet the special needs of the state 2 the mizoram university will be a teaching-cum-affiliating university with jurisdiction over the entire state with headquarters at aizawl in addition to offering undergraduate and post-graduate programmes in humanities and sciences, the university would focus its attention on subjects related to the development and manpower requirements of the state 3 with the establishment of the mizoram university, the jurisdiction of the north- eastern hill university shall cease over the state of mizoram 4 it is hoped that the establishment of a central university in mizoram would meet the aspirations and needs of the people of the state 5 the bill seeks to achieve the above objectives new delhi; murli manohar joshi the 17th december, 1999 financial memorandumclause 3 of the bill provides for the establishment of a central university at aizawal in mizoram the estimated non-recurring expenditure on the establishment of the university shall be rs 70 crores during the ninth and tenth plan periods the recurring expenditure shall be rs 5 to rs, 6 crores per annum after the university becomes functional 2 the said expenditure shall be met by the university grants commission from its plan allocation memorandum regarding delegated legislationclause 27 of the bill provides that the first statutes are those set out in the scheduled to the bill it also empowers the executive council of the university to make new or additional statutes or to amend or repeal the statues of the university subject to the assent of the visitor sub-clause (5) of the aforesaid clause empowers the visitor also to make new or additional statutes or amend or repeal the statutes of the university during the period of three years immediately after the commencement of the act sub-clause (6) further empowers the visitor to direct the university to make provisions in the statutes in respect of any matter specified by him and if the executive council is unable to implement such direction within sixty days of its receipt, the visitor may, after considering the reasons, if any, communicated by the executive council for its inability £0 comply with such direction, make or amend the statutes suitably the matters in respect of which the executive council and the visitor may make, amend or repeal statues include the constitution, powers and functions of other authorities and other bodies of the university, the appointment of officers and teachers of the university, the conditions of service of the employees of the university and other such matters 2 sub-clause (2) of clause 28 of the bill empowers the vice-chancellor of the university to make the first ordinance of the university with the previous approval of the central government and provides that the ordinances so made may be amended, repealed or added to at any time by the executive council in the manner prescribed by the statutes the matters in respect of which ordinances may be made, or as the case may be, amended, repealed or added to relate to admission of students, courses of study, medium of instruction and examination, the establishment of centres of studies, boards of studies, special centres, specialised laboratories and the manner of co-operation and collaboration with other universities and authorities, the management of colleges and institutions admitted to the privileges of the university and other such matters 3 clause 29 of the bill enables the authorities of the university to make regulations, consistent with the act, the statutes and the ordinances for the conduct of their own business and that of the committees appointed by them 4 the matters for which statutes, ordinances or regulations may be made pertain to matters of procedure or detail and it is hardly possible to provide for them in the bill the delegation of legislative powers is, therefore, of a normal character annexure extracts from the north-eastern hill university act, 1973 (24 of 1973) 1 () (2) it extends to the states of meghalaya and nagaland and the union territories of arunachal pradesh and mizoram short title, extent and commencement definitions 2 in this act, and in all statutes made hereunder, unless the context otherwise requires,— (1) "north-eastern region" means the north-eastern region of india comprising the states of meghalaya and nagaland and the union territories of arunachal pradesh and mizoram; jurisdiction6 (1) the jurisdiction of the university shall extend to the states of meghalaya and nagaland and the union territories of arunachal pradesh and mizoram | Parliament_bills | 18428b6f-2f98-57d2-bb1d-2e59fa2fb5eb |
the industries (development and regulation) amendment bill, 1956(as introduced in lob: sabra) me industries (development and regula- tion) amendmen'f bill, 1956 (as introduced in lok sabha) a billfurther to amend the industries (development and 'regulation) act, 1951 be it enacted by parliament in the seventh year of the republic of india as follows:-1 (1) this act may be called the industries (development and short title, nd com-regulation) amendment act, 1956 mencement s (2) it shall come into force on such date as the central government may, by notification in! the official gazette, appoint 65 of 1951 2 in sub-section (1) of section 13 of the industries (develop- amedclment ment and regulation) act, 1951 (hereinafter referred to as the of ioction 13 principal act) ,-10 (i) in clause (b), the words "on the ground that it had been obtained by misrepresentation as to an essential fact" shall be omitted; (1i) in clause (d), after the words "which has been registered", the words "or in respect of which a licence or permission has been issued" shall be inserted 3 in section 14 of the principal act, for the words and figures amendment "or section 13", the words, figures and letter "section 13 or section of iectiod 14-2gb" shall be substituted amendment 4 in section 24 of the pr:incipal act, in clause (i) of sub-section of section 24· (1), after the words and figures "of section 13", the following shall be ir!erted, namely:-"or of sub-section (2) of section 29b" amendmcdt of section 29b 5 section 29b of the principal act shall be renumbered as sub-5 section (1) thereof, and after sub-section (1) as so renumbe~ed, the following sub-sections shall be inserted, namely:-(2) where any notification under sub-section (1) granting any exemption is cancelled, no owner of any industrial undertaking to which the provisions of section 10, section 11, section 10 11a or clause (d) of sub-section (1) of section 13 would have applied, if the notification under sub-section (1) had not been issued, shall carry on the business of the undertaking after the expiry of such period as may be specified in the notification cancelling the exemption except under and in accordance with is a licence issued in this behalf by the central government and, in the case of a state government, except under and in accordance with the previous permission of the central government (3) the provisions of this act shall apply, so far as may be in relation to the issue of a licence or permission to any indus- 30 trial undertaking referred to in sub-section (2) as they apply in relation to the issue of a licence or' permission to a new industrial undertaking" amendment of section 30 6 in section 30 of the principal act, in clause (i) of sub-sectior (2), for the words and figures "or section 13", the words, figures and :as letter "s~tion 13 or section 29b" shall be substituted !;:~!:ion 7 for the first schedule to the principal act, the following schedule for schedule shall be substituted, namely:-the pirat schedule "the first schedule [see sections 2 and 3 (i)] 30 any industry engaged in the manufacture or production of any of the articles mentioned under each of the following headings or sub-headings, namely:-- 1 metallurgical industries:| a | ferrcrus: ||-------|-------------------------|| 3s | || (1) | iron and steel (metal) |(2) ferro-alloys and special steels (3) iron and steel castings and forginp (4) iron and steel structurals (5) iron and steel pipes (6) other products of iron and steel s b non-fen'ou8: :(1) non-ferrous metals and alloys (2) semi-manufactures and manufactures 2 fuzu;: (1) coal, lignite, coke and their derivatives 10 (2) mineral oil (crude oil), motor and aviation spirit, diesel oil, kerosene oil, fuel oil, diverse hydroosrbon oils and their blends including synthetic fuels, lubricating oils and the like (3) fuel gases-(coal gas, natural gas and the like) is 3 boilers and stbam generating plants: boilers and st&rn generatin~ plants 4 prime movers (other than j:l&ctrical generators): (1) steam engines and turbines (2) internal combustion engires 20 5 electrical equipment: (1) equipment for generation, transmission and distribution of electricity including transformers (2) electrical motors (3) electrical fans (4) electrical lamps (5) electrical furnaces (6) electrical cables and wires 30 (7~ x-ray equipment (8) electronic equipment (9) household appliances such as electric ir(\ns, heaters and the like (10) storage batteries (11) dry cells 8 t~comkth-acationb:(1) telephones (2) telegraph equipment ,(3) wireless commun:cation apparatus (4) radio receivers, including amplifying and public s address equipment (5) television sets (6) teleprinters 7 transportatioii:motor (1) aircraft (2) ships and other vessels drawn by power (3) railway locomotives (4) railway rolling stock (5) automobiles (motor cars, buses, trucks, cycles, scooters and the like) (6) bicycles (7) others, such as fork lift trucks and the like, 8 industrial machinbry:a major items of specialised equipment used in specific indus'tnies: -(1) textile machinery (such as spinning frames, carding machines, powerlooms and the like) including textile accessories (2) jute machinery (3) rayon machinery (4) sugar machinery (5) tea machinery (6) mining machinery (7) metallurgical machinery (8) cement machinery (9) chemical machinery (10) pharmaceuticals machinery (11) paper machinery b general items of machinery used in several industries, such as tbe equipment required for various 'unit pro cesser : (1) size reduction equipment-crushers, ball mills and the like (2) conveying equipment-bucket elevators, skip hoists, cranes, derricks and the like (3) size separation units-screens, classifiers and the like 10 (4) mixers and reactors-kneading mills, turbo mixers and the like (5) filtration equipment-filter presses, rotary filters and the like (6) centrifugal machines , (7) evaporators 15 (8) distillation equipment (9) crystallisers (10) driers (11) power driven pumps-reciprocating, centrifugal and the like 20 (12) air and gas compressors and vacuum pipef; (excluding electrical furnaces) (13) refrigeration plants for industrial use c other items ~ industrial machinery:(1) ball, roller and tapeted bearings (2) speed reduction units (3) grinding wheels 'and abrasives ,9 machine tools:machine tools 10 agricultural machinery:(1) tractors, harveators and th~ lute, (2) agricultur~l implem~nts 11 earth-moving machinery:bulldozers, dumpers, scrapers, loaders, shovels, drag lines, bucket wheel excavators, road rollers and the like 12 miscellaneous mechanical and engineer,lng industries: s (1) plastic moulded goods (2) hand tools, small tools and the like (3) razor blades 13 commercial, office and household equipment: (1) typewriters (2) calculating machines (3) air conditioners and refrigerators (4) vacuum cleaners (5) sewing and knitting machines (6) hurricane lanterns 14 medical and surgical appliances: is surgical instruments-sterilisers, incubators and the like 15 industrial instruments::oj(; (1) water meters, steam the like meters, electricity meters and (2) indicating, recording and regulating devices for pressure, temperature, rate of ftow, weights, ·levels and the like (3) weighing machines 16 scientific instruments: scientific instruments 17 mathematical, surveying and drawing instruments: mathematical, surveying and drawing instruments18 chemicals: (1) fertilisers (2) inorganic heavy chemicals (3) organic heavy chemicals (4) fine chemicals including photographic chemicals (5) synthetic resins and plastics (6) paints, varnishes and enamels (7) synthetic rubbers 5 (8) man-made fibres including regenerated celluloserayon, nylon and the like (9) coke oven by-products (10) coal tar distillation products like napthalene, anthracene and the like 10 (11) explosives including gun powder and safety fuses (12) insecticides, fungicides, weedicides and the like (13) textile auxiliaries (14) miscellaneous chemicals 19 photographic raw film and paper: (1) cinema film is (2) photographic amateur film (3) photographic printing paper 20 dye-stuffs: dye-stuffs 20 21 drugs and pharmaceuticals: drugs and pharmaceuticals 22 textiles (including those dyed, printed or otherwise processed): (1) made wholly or in part of cotton, including cotton a, yam, hosiery and rope (2) made wholly or in part of jute, including jute, twine and rope (3) made wholly or in part of wool, including wool tops, woollen yarn, hosiery, carpets and druggetsj 30 (4) made wholly or in part of silk including silk yam and hosiery; (5) made wholly or in part of synthetic, artificial (manmade) fibres, including yam and hosiery of such fibres 23 paper and pulp including paper products:(1) paper-writing, printing and wrapping (2) newsprint (3) paper board and straw board (4) paper for packaging (corrugated paper, kraft paper, 5 paper bags, paper containers and the like) (5) pulp-wood pulp, mechanical, technical, including dissolving pulp 24 sugar sugar 25 fermentation industries: (1) alcohol-industrial and power (2) other products of fermentation industries 26 food processing industries: (1) canned fruits and' fruit products (2) milk foods (3) malted foods (4) flour (5) other processed foods 2'1 vegetable oils and vanaspathl: (1) vegetable oils, including solvent extracted oils (2) vanaspathi 28 soaps, cosmetics and toilet preparations: (1) soaps (2) glycerine (3) cosmetics (4) perfumery {5) toilet preparations 29 rubber goods: (1) tyres and tubes (2) surgical and medicinal products including prophylacti~ (3) footwear (4) other rubber ,goods 30 leather, leather goods "and pickers: leather, leather goods and pickers 31 glue and gelatin: glue and gelatin 32 glass: 10 (1) hollow ware (2) sheet and plate glass (3) optical glass (4) glass wool (5) laboratory ware; (6) miscellaneous ware 33 ceramics: " (l)fire bricks (2) refractories (3) furnace linking bricks-acidic basic and neutral (4) china ware and pottery (5) sanitary ware 34 cement and gypsum products: 20 (1) portland cement (2) asbestos cement (3) insulating boards (4) gypsum boards, wall boards and the like 35 timber products: (1) plywood 2s (2) hardboard, including fibre-board, chip-board and the like (3) matches (4) miscellaneous (furniture components, bobbins, shuttles and the like) 36 defence industries: arms and ammunition 37 miscellaneous industries: cigarettesexplanation i-the articles specified under each of the hea:iings nos 3, 4, 5, 6, 7, 8, 10, 11 and 13 shall include their component parts and accessories 5 explanation 2-the apticles specified under each of the headings nos 18, 20 and 21 shall include the intermediates required for their manufacture statement of objects and reasonsthe industries (development and regulation) act, 1951, which has brought under the control of the union 42 industries by reason of the declaration contained in section 2 of that act, enables the government to secure the development of those industries in conformity with its industrial policy the schedule is now proposed to be amended in order to bring within the control of the union the fo'low'ng new industries which are of all-india importance:-1 ferro-alloys and special steels 2 lignite 3 television sets 4 teleprinters 5 electrical furnaces 6 x-ray equipment 7 abrasives and grinding wheels 8 earth-moving machinery, such as bull-dozers, dumpers, showels, loaders bucket wheel excavators, road rollers etc 9 typewriters and calculating machines 10 air-conditioners and refrigerator3 11 medical and surgical appliqnces such as surgical instruments, sterilisers, incubators, etc 12 plastics moulding industries 13 ind'ustrial instruments 14 fine chem:cals including photographic chemicals 15 synthetic resins and plastics 16 paints, varni3hes and enamels 17 synthetic ru1)ber 18 staple fibre 19 explosives, including gun-powder and safety fuses 20 insecticides, fungicides, weedicides, etc 21 textile auxiliaries 22 textile accessories 23 textile processing 24 photographic raw films and printing paper 25 pulp-wood pulp, mechanical technical, including dissolving pulp 26 fermentation industries 27 food processing industries 28 hardboard, chipboard and strawboard 29 asbestos cement, insulating boards, gypsum hcards,' wall boards, etc 30 matches 31 cigarettes opportunity is taken to revise the schedule as now proposed to be amended so that the industries are grouped together on a scientific basis 2 a few minor difficulties which have been brought to light in the working of the act are sought to be removed by the remaining amendments the first amendment in clause 2 provides for the licensing of industrial undertakings the registration of which has been revoked on the ground of th0 closure of the undertaking or the discontinuance of product'on of certain articles, etc rsection 13 (1) (b) at present applies only to cases where registration is revoked on the ground that it had been obtained by misrepresentction as to an essential fact] the second amendment in this clause covers licensed undertakings which seek to effect substantial expansion the amendment in clause 5 provides for the licens:ng of under takings which by reason of an exemption granted under section 29b did not require to be registered or licensed under the act at the time of the commencement of the act or at the time of their estabhshment or when they commenced manufacturing or producing new articl€s or when they sought to effect substantial expansions, as the case may be, and which are now to be licensed 'by reason of the cancellation of the exemption the amendments in cl~uses 3, 4 and 6 are consequential , new delhi; manubhai ~hah tjte 4th september, 1956 the industries (development and regulation) amendment bill contemplates the addition of 31 new industries to the first schedule to the industries (development and regulation) act, 1951, and the re-arrangement of all the items in that schedule in a rational manner the bill, if enacted and brought into operation, will involve expenditure from the consolidated fund of india in respect of-(1) the additional staff that will have to be employed for the administration of the act; and (2) the development councils, if any, that plight be set up for the new industries under section 6 of the act it is not possible to estimate accurately at this stage the extra expenditure that will be incurred in respect of the above it is -expected that the total recurring expenditure will be roughly r~ 1 lakh per annum - - - - - - - 13 (1) no owner of an industrial undertaking, other than the =-~ central government, shallfor utenslnl - - - - - - - of ld4ustrill uudcrtakmp in spec:lal (b) in the case of an industrial undertaking the registration in cases respect of which has been revoked under section loa on the ground that it had be'n obtained by misrepresentation as to an essential fact, carry on the business of the undertaking after the revocation, or - - - - - - - (d) effect any substantial expansion of an industrial undertaking which has been registered, or - - - - - - - 14 before granting any licence or permission under section 11, procedure section lla or section 13, the central government may require such ffrj~~t , officer or authority as it may appoint for the purpose, to make a full ~ penniaand complete investigation in respect of applicat¥>ns received in sion this behalf and report to it the result of such investigation and in making any such investigation, the officer or authority shall follow such procedure as may be prescribed - - - - - - - 30 (1) - - - - - - (2) in particular, and without prejudice to the generallity of the foregoing power, such rules may provide for all or any of the following matters, namely:-- - - - - - (i) the procedure for the grant or issue of licences and permissions under section 11, section 11a or section 13 the time within which such licences or permissions shall be granted or issued including, iii particular, the publication of dotices calling for applications and the holding of such public inquiry in relation thereto as may be necessary in the circumstances; - - - - - - - the first schedule [see sections 2 and 3 (i) ]any industry engaged in the manufacture or production of any of the following, namely:-( i ) aircraft (2) arms and ammunition (3) coal, including coke and other derivatives (4) iron and steel (5) mathematical, surveying and drawing instruments (5a) scientific instruments (6) motor and aviation fuel, kerosene, crude oils' and synthetic oils (7) ships and other vessels propelled by the agency of steam, or by electricity or other mechanical power (8) sugar (9) telephones, telegraph apparatus and wireless communication apparatus (10) textiles-(a) made wholly or in part of cotton, including cotton yarn, hosiery ,and rope, (b) made wholly or in part of jute, including jute yarn, twine and rope, (e) made of wool, including wollen yam, hosiery, carpets and druggets, (d) made of silk, (e) made of artificial silk including artificial silk yaru (f) made wholly or in part of staple fibre (11) automobiler (lla) tractors (12) cement (13) electric lamps (13a) electric fans (14) electric motors (15) heavy chemicals including fertilizers (16) machinery used in industries including boiiel'l and steam generating equipment (16a) ball, roller and tapered bearings (17) locomotives (17a) rolling stock (18) machine tools (19) machinery and equipment for the generation, transmission and distribution ·of electric energy (20) non-ferrous metals including alloys and semimanufactures thereof (21) paper including newsprint, paper board and straw board (22) pharmaceuticals and drugs (23) power and industrial alcohol (24) rubber goods (25) leather, leather goods and pickers (26) glue and gelatine (27) vanaspati (27a) vegetable oils (28) agricultural implements (29) batteries, dry cells and storage (30) bicycles (31) hurricane lanterns (32) internal combustion engines (33) power-driven pumps (34) radio receivers (35) sewing machines (35a) knitting machines (36) small tools (36a) hand tools (37) glass and ceramics (38) dye-stuffs (39) soap (40) other toilet requisites (41) plywood (42) ferro-manganese explanation 1-in item (4), 'iron and steel' shall include any manufactured product of iron and steel explanation 2-in items (1), (7), (9), (11), (11a), (13), (13a), (17), (17a), (29), (30), (32), (33), (34), (35), (35a), (36) and (36a), the articles specified therein shall include each of their component parts and accessories also - a bill further to amend the industries (development and regulation) act, 1951 the president has, in pursuance of clause (3) of article 117 of the constitution of india, recommended to lok sabha the consideration of the bill m n kaul, secretary (shri mm shah, minister of heavy indusiries) | Parliament_bills | 4fc19449-7d42-5cb4-ba6b-56af14500b01 |
the indian statistical institute bill, 19i6(as introduced in lob: sabha) billto decla1'e the institution known as the indian statistical institute in calcutta to be an institution of national imp01'tance and to p1'ovide f01' certain matte1's connected the1'ewith be it enacted by parliament in the seventh year of the republic of india as follows:-1 (1) this act may be called the indian statistical institute short title and coid-act, 1956 mcdcadcilt s (2) it shall come into force on such date as the central government may, by notification in the official gazette, appoint 10 z in this act, unless the context otherwise requires,-definitions (a) "bye-law" includes any rule or regulation (by whatever name called) which the institute is competent to make in the exercise of the powers conferred on it under the societies registration act, 1860; :u of 1160 (b) "institute" means the indian statistical institute registered under the societies registration act, 1860, declared to be of national importance under section 3; j$ (c) "memorandum" means the memorandum of association of the institute filed with the registrar of joint-stock companies under the societies registration act, 1860 i whereas the objects of the institution knows as the indian dec:iai-atiod statistical institute in calcutta are such as to make it an institution s~!tl:rm ao of national importance, it is hereby declared that the indian statts- institute tical institute is au institution of national importance -:f:::~~~ importldc:o 4 for the purpose of enabling the institute to discharge its functions efficiently the central government may, after due appropriation made by parliament by law in this behau, pay to thl'! institute in each financial year such sums of money as that government considers necessary by way of grant, loan or otherwise 5 audit 1 f 1956 5 (1) the accounts of the institute shall be audited by auditors duly qualified to act as auditors of companies under the companies act, 1956, and the auditors shall be appointed by the institute with the previous approval of the central government (2) every auditor shall, in the performance of his duties have 10 at all reasonable times access to the books, accounts and other documerits of the institute (3) the auditors shall submit their report to the institute and forward a copy thereof to the central government , ,,'( 6 notwithstanding anything ,contained in the societies registra- is tion act" 1860, or in the memorandum or bye-laws of the institute, 21 of 1860 the institute shall not, except with the previous approval of the central government,-, -"t,· (<<) alter, extend or abridge the purpose or purposes for 1ifjrich it has been established or for which it is being used im- 20 'iiediately before the commencement of this act or amalgamate either wholly or partially with any other institution or society; or (b) alter or amend in any manner the memorandum or byelaws of the institute; or 25 (c) sell or otherwise dispose of any property acquired by the institute with money provided by government: provided that no such approval shall be necessary in the case of ahy such movable property or class of movable property as may be specified by the central government in this behalf by 30 general or special order; or (d) be dissolved ccmstitutim '1 (1) the central government may constitute one or more comof commitmittees as and when it considers necessary consisting of such number c::i go- of persons as it thinks fit to be appointed by that government and 3s vemmedt assign to such committee or committees all or any of the following ==_ duties, namely:-mel of wort by the inltibite, etc (ii) the preparation and submission to the central government, before the commencement of each financial year, of statements skowing programmes of work to be undertaken by the 40 institute during that year for which the central government may provide funds, as' well as financial estimates in respect of such work; (b) the settlement on broad lines of the pro,rammeofwork ~ to be undertaken by the institute and the evaluation of 'the work done by the institute; (c) the review and inspection of the work done by the institute and the progress made by it, including the inspection of its assets and tbe submission of reports thereon in such manner 10 as the central government may direct (2) the institute shall be bound to afford all necessary facilities to any committee constituted under sub-section (1) for the purpose of enabling it to carry out its duties /', 8 (1) the central government may, if it is satisfied that it ia dinc:deu 15 necessary so to do in the public interest, issue, for reasons to be re- ~~ govcorded, such directions as it thinks fit to the institute, and such emmedt directions may include directions requiring the institute-(a) to amend the memorandum or to make or amend any bye-law within such period as may be specified in the direction; 20 (b) to appoint one or more persons nominated in this behalf by the central government on the governing body or any other authority of the institute_ (2) in the discharge of its functions the institute shall be bound to carry out the directions issued under this section as (3) any directions issued under this section shall have effect, notwithstanding anything contained in any law for the time being in force or in the memorandum or bye-laws of the institute 9 -if inconsequence of the state of affairs disclosed in any report power of made under clause (c) of sub-section (1) of section 7, the central central gov-30 government thinks it necessary so to do, it may, after giving an =~ opportunity to the institute to be heard in the matter, by order, time of appoint any person to exercise, with respect to the whole or any part conuol of the institute, such functions of control as may be provided by the - order, and so long as an order made under this section is in force with 35 respect to the institute or any part thereof, the institute or part shall be carried on in accordance with the directions given by the person so appointed ip accordance with the provisions of the order, and any person having any functions of management in relation to the institute or part shall comply with any such directions statement of objects and reasonsthe indian statistical institute in calcutta carries out research ~ theore,tical and applied statistics and provides facilities for profe&-sionaftraining at post-graduate level since the commencement of the first five year plan, there has been a great expansion in the activities of the lnatitute which now include inter alia-(1) the work of designing the periodical rounds of national sample survey, processing and tabulation of the data and their subsequent analysis; (2) the maintenance of an operational research unit on planning and statistical quality control units at bangalore, bombay and calcutta; ···:yt, (3) the training of satistlcians deputed by the central and state governments; (4) the maintenance of two new units for biometric and psychometric researches; and (5) the running of an international statistical education centre in view of the growing importance of the institute in "the context of the five year plan, it is considered necessary that the institute ahouldbe declared to be an institution of national importance under entry 64in list i of the seventh schedule to the constitution the bill makes such a declaration and further provides for the requisite financw assistance to be given to the institute and for suitable powen of control being exercised a c guha new dam:; the 17th november, 1956 the bill contemplates the declaration of the indian statistical institute, calcutta, as an institution of national importance finances required by the institute for ~ discharge of its functions shall be payable by the central government in the shape of grants, loans or otherwise each year at this stage, it is not possible to frame an accurate estimate of the funds needed by the institute for its various activities; but, since the development of the institute will be according to the programme approved by the government, payment of funds will be in accordance with the proposals accepted by the govermnent ot india and will also depend upon the quantum t£ !tpeqific work entrusied by gov'ernmst to the institute each year 2 the fol1owing budget provision has been made under demand no "3s-miscellaneous departments and other expenditure under the ministry of finance" for the institute during the year 1956-57: | (1) | recurring ||---------------|--------------|| rs 17,39,000 | || (il) | || recurrids | || rs | || 49,oi,~ | || nss | || work | |(ui) non-recurring rs 30,c0,000 3 funds to be made available in the subsequent years will vary and will be determined from time to time 4 all moneys placed at the disposal of the institute wnl constitute the fund of the institute a billto declare the institution known as the indian statistical institute in calcutta to be an institution of national importance and to provide for certain matters connected therewith ,the president has, in pursuance of clauses (i) and (3) of article i 17 of the constitution of india, recommended to lok sabha the introduction and consideration of the bill shri ac gupta, minister of revenue and defence expenditure) | Parliament_bills | c32068c7-e541-580d-8d2c-06841262c017 |
statement of objects and reasonsrate of population growth in the country has assumed alarming proportion during the last five decades, the population of the country has increased by 3 times india's population was 33 crores only in 1951 when india attained independence; it is over one hundred crore today the average increase is over 15 crore per year this tremendous increase in population offsets all benefits of development that take place in the country therefore elementary essential services and basic facilities have not been provided to all the people residing in the country crores of people are living in sub-human conditions in slums and most of them are seen defecating in the open this abhominable practice is leading to insanitary conditions which are the source of spreading bacteria and breeding germs adversely affecting the health and well-being of the people residing in the neighbourhood standard of living is reciprocal even if one is leading a very protected life, but if neighbourhood is dirty, he is bound to fall ill that is so because germs are no respector of the status of the person whom they attack the problem of the increasing population adds to the problem of unemployment the number of the unemployed in the country as registered in the employment exchanges are overwhelming; out of whom many lakhs are graduates the number of the unemployed must be more on two counts firstly, not all the unemployed get themselves registered; and secondly, only persons upto the age of 25 years are registered in the employment exchanges as after that age, they are not eligible for government services moreover the crimes in the country particularly related to robberies and extortions, are increasing because the young employed are desperately in need of money to feed themselves merely making people self-conscious about the need to have a small family has not produced the desired results of restricting the population growth hence, it has become imperative that a scheme of incentives and disincentives should be formulated in the form of an act this could help in restricting the population growth needless to emphasize that if the population is not controlled, the country is doomed to disaster and if the population keeps on increasing, most metropolitan and big cities would become unliveable with multitudes of men and women moving about as if there were big railway platforms the unprecedented increase in population has made most cities run in two directions; authorized and unauthorized constructions because there is acute shortage of dwelling units the result is that like the bad penny driving out the good penny, the unauthorized constructions are overtaking the authorized ones this process has made the people antiplanning and even green areas are becoming a concrete jungle of haphazard and ugly growth unauthorised constructions have also led to corruption at all levels the bill seeks to provide for different measures and methods for population control rajiv shukla financial memorandumclause 8 provides that government shall provide funds to the genuine ngos to work in rural areas for family planning the bill if enacted will involve expenditure from the consolidated fund of india it is estimated that a sum of rupees ten crores may involve as recurring expenditure per annum no non-recurring expenditure will involve as all the measures suggested are of administrative nature and they are a part of the existing governmental apparatus further the reward suggested for sterilization and giving nirodh to men and mala to women (both contraceptives) free of cost are already a part of government of india's family welfare programme memorandum regarding delegated legislationclause 9 of the bill empowers the central government to make rules for carrying out the provisions of the bill as the rules to be made will relate to matters of details only, the delegation of legislative power is of a normal character | Parliament_bills | 6b005bbb-89ef-5549-8513-7978b22620a7 |
bill no xxvi of 2010 the cost and works accountants (amendment) bill, 2010 a billfurther to amend the cost and works accountants act, 1959be 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 cost and works accountants (amendment) act,2010(2) it shall come into force on such date as the central government may, by notification in the official gazette, appoint23 of 1959substitution of references to certain expressions by certain other expressions2 in the cost and works accountants act, 1959 (hereinafter referred to as theprincipal act), throughout the act and in the first schedule and the second schedule to the said act, for the words "cost accountant", "cost accountants" and "cost accountancy" with their grammatical variations and cognate expressions, wherever they occur, the words "cost and management accountant", "cost and management accountants" and "cost and management accountancy" shall respectively be substituted;3 in section 2 of the principal act,—amendment of section 2(i) in sub-section (1),—(i) after clause (e), the following clause shall be inserted, namely:—9 of 1932'(ea) "firm" shall have the meaning assigned to it in section 4 of the indian partnership act, 1932, and includes,—6 of 2009(i) the limited liability partnership as defined in clause (n) of sub-section (1) of section 2 of the limited liability partnership act,2008; or(ii) the sole proprietorship, registered with the institute;'; (ii) in clause (f), for the words "institute of cost and works accountants of india", the words "institute of cost and management accountants of india" shall be substituted;(iii) after clause (fa), the following clauses, shall be inserted, namely:—9 of 1932'(fb) "partner" shall have the meaning assigned to it in section 4 of the indian partnership act, 1932 or in clause (q) of sub-section (1) of section 2 of the limited liability partnership act, 2008, as the case may be;6 of 2009(fc) "partnership" means—(a) a partnership as defined in section 4 of the indian partnership act, 1932; or9 of 1932(b) a limited liability partnership which has no company as its partner;';(iv) after clause (ia), the following clause shall be inserted, namely:—'(iaa) "sole proprietorship" means an individual who engages himself in the practice of cost and management accountancy or offers to perform services referred to in clauses (ii) to (iv) of subsection (2);';(ii) in sub-section (2),—(a) after the words "in partnership with one or more members of the institute in practice", the words "or in partnership with members of such other recognised professions as may be prescribed" shall be inserted;(b) in clause (i), for the words "cost and works accountancy", the words"cost and management accountancy" shall be substituted;(c) in clause (ii), for the words "certification of cost accounting and related statements or holds himself out to the public as a cost accountant in practice", the words "certification or auditing of cost and management accounting and related statements or holds himself out to the public as a cost and management accountant in practice" shall be substituted;(d) in clause (iii), for the words "cost accounting", the words "cost and management accounting" shall be substitutedamendment of section 34 in section 3 of the principal act, in sub-section (1), for the words "institute of cost and works accountants of india", the words "institute of cost and management accountants of india" shall be substituted5 in section 5 of the principal act,—amendment of section 5(a) in sub-section (2),—(i) for the letters "aicwa", the letters "acma" shall be substituted; (ii) for the words "institute of cost and works accountants",the words"institute of cost and management accountants of india" shall be substituted; (b) in sub-section (5),—(i) for the letters "ficwa", the letters "fcma" shall be substituted; (ii) for the words "institute of cost and works accountants", the words"institute of cost and management accountants of india" shall be substitutedamendment of section 22a6 in section 22a of the principal act, for the words "institute of cost and works accountants of india", the words "institute of cost and management accountants of india" shall be substitutedamendment of section 257 in section 25 of the principal act, in sub-section (1), in clause (iii), for the words"cost and works accountants", the words "cost and management accountants" shall be substitutedamendment of section 268 in section 26 of the principal act, in sub-section (1), the following explanation shall be inserted, namely:—'explanation—for the removal of doubts, it is hereby declared that the"company" shall include any limited liability partnership which has company as its partner for the purposes of this section'amendment of first schedule9 in the first schedule to the principal act, in part i, in item (7), for the words"institute of cost accountants of india", the words "institute of cost and management accountants of india" shall be substituted10 in the second schedule to the principal act, in part i, in item (2), for the words "cost accounting", the words "cost and management accounting" shall be substitutedamendment of second schedule statement of objects and reasonsthe cost and works accountants act, 1959 has been enacted to make provision for the regulation of the profession of the cost and works accountants the said act was amended in 2006 by the cost and works accountants (amendment) act, 2006, inter alia, to enable the members of the institute of cost and works accountants of india to form multidisciplinary firms and offer multi-professional services in a competitive and commercial manner2 subsequently, the limited liability partnership act, 2008 has been enacted to make provisions for the formation and regualation of limited liability partnerships and for matters connected therewith or incidental thereto the limited liability partnership will be a separate legal entity, liable to the full extent of its assets, with the liability of the partners being limited to their agreed contribution in the limited liability partnership which may be of tangible or intangible nature or both tangible and intangible in nature3 it is proposed to extend the benefits of the limited liability partnership act, 2008 to the firms of cost and works accountants under the cost and works accountants act, 1959 and to amend the provisions of that act4 the cost and works accountants (amendment) bill, 2010, inter alia, proposes to amend the cost and works accountants act, 1959 to,—(i) apply certain provisions of the limited liability partnership act, 2008 to the cost and works accountants act, 1959 in order to allow the members of the professional institute governed by the cost and works accountants act, 1959 to form the limited liability partnership and insert new definitions of "firm", "partner", "partnership" and "sole proprietorship" for the said purpose;(ii) amend the cost and works accountants act, 1959 on lines similar with the provisions of the company secretaries act, 1980 so as to allow the professionals of the institute of cost and works accountants of india to form partnership with members of such other recognised professions;(iii) change the name of the "institute of cost and works accountants of india"to the "institute of cost and management accountants of india" and change the "cost accountants" to "cost and management accountants" 5 the bill seeks to achieve the above objectives financial memorandumclause 3 and clause 8 of the bill seeks to extend the benefits of the limited liability partnership act, 2008 to the firms of cost and works accountants under the cost and works accountants act, 1959 and clauses 4, 5, 6 and 9 of the bill seek to change the name of the "institute of cost and works accountants of india" to "institute of cost and management accountants of india" the provisions of the bill will not involve any expenditure of recurring or non-recurring nature from the consolidated fund of india memorandum regarding delegated legislationclause 3 of the bill seeks to amend sub-section (2) of section 2 of the cost and works accountants act, 1959 to empower the council of the institute of cost and works accountants of india to make regulations for recognition of other professions with whom members of the institute can enter into partnership2 the matters in respect of which the said regulations may be made are matters of procedure and administrative detail, and it is not practicable to provide for them in the proposed bill itself3 the delegation of legislative power is, therefore, of a normal character annexure extracts from the cost and works accountants act, 1959 (23 of 1959) 2 (1) in this act, unless the context otherwise requires,—definitions and interpretation (f) "institute" means the institute of cost and works accountants of india constituted under this act; (2) save as otherwise provided in this act, a member of the institute shall be deemed"to be in practice" when, individually or in partnership with one or more members of the institute in practice, he, in consideration of remuneration received or to be received,—(i) engages himself in the practice of cost and works accountancy; or (ii) offers to perform or performs services involving the costing or pricing of goods or services or the preparation, verification or certification of cost accounting and related statements or holds himself out to the public as a cost accountant in practice; or(iii) renders professional services or assistance in or about matters of principle or detail relating to cost accounting procedure or the recording, presentation or certification of costing facts or data; or chapter ii the institute of cost and works accountantsincorporation of the institute3 (1) all persons whose names are entered in the register at the commencement of this act, and all persons who may hereafter have their names entered in the register under the provisions of this act, so long as they continue to have their names borne on the said register, are hereby constituted a body corporate by the name of the institute of cost and works accountants of india, and all such persons shall be known as members of the institute 5 (1) fellows and associates(2) any person other than a person to whom the provisions of sub-section (3) apply shall, on his name being entered in the register, be deemed to have become an associate member of the institute and so long as his name remains so entered, shall be entitled to use the letters aicwa after his name to indicate that he is an associate member of the institute of cost and works accountants (5) any person whose name is entered in the register as fellow of the institute and so long as his name remains so entered, shall be entitled to use the letters ficwa after his name to indicate that he is a fellow of the institute of cost and works accountants 38 of 1949constitution of appellate authority22a the appellate authority constituted under sub-section (1) of section 22a of the chartered accountants act, 1949, shall be deemed to be the appellate authority for the purposes of this act subject to the modification that for clause (b) of said sub-section (1), the following clause had been substituted, namely:—(b) the central government shall, by notification appoint two part-time members from amongst the persons who have been members of the council of the institute of cost and works accountants of india for at least one full term and who is not a sitting member of the council; 25 (1) save as otherwise provided in this act, no person shall— (iii) seek to regulate in any manner whatsoever the profession of cost and works accountants penalty for using name of the council, awarding degrees of cost accountancy, etc26 (1) no company, whether incorporated in india or elsewhere, shall practise as cost accountantscompanies not to engage in cost accountancy the first schedule[see sections 21(3), 21a (3) and 22] part i professional misconduct in relation to cost accountants in practicea cost accountant in practice shall be deemed to be guilty of professional misconduct, if he— (7) advertises his professional attainments or services, or uses any designation or expressions other than cost accountant or professional documents, visiting cards, letter heads or sign boards, unless it be a degree of a university established by law in india or recognised by the central government or a title indicating memebership of the institute of cost accountants of india or of any other institution that has been recognised by the central government or may be recognised by the council:provided that a member in practice may advertise through a write up, setting out the services provided by him or his firm and particulars of his firm subject to such guidelines as may be issued by the council; the second schedule[see sections 21(3), 21b (3) and 22] part i professional misconduct in relation to cost accountants in practicea cost accountant in practice shall be deemed to be guilty of professional misconduct, if he— [10] m c(2) certifies or submits in his name, or in the name of his firm, a report of an examination of cost accounting and related statements unless the examination of such statement has been made by him or by a partner or an employee in his firm or by another cost accountant in practice; rajya sabha———— a billfurther to amend the cost and works accountants act, 1959————(shri salman khurshid, minister of corporate affairs)gmgipmrnd—1811rs(s5)—20-04-2010 | Parliament_bills | ae599b63-8ff1-5b80-8cfe-dac503507479 |
bill no 139 of 2012 the constitution (scheduled tribes) order (second amendment) bill, 2012 a billfurther to amend the constitution (scheduled tribes) order, 1950 to modify the list of scheduled tribes in the states of kerala and chhattisgarhbe 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 tribes) order (second amendment) act, 2012co 222 in the schedule to the constitution (scheduled tribes) order, 1950,––(a) in part vii–– kerala, after entry 27, insert––5"28 marati (of the hosdurg and kasargod taluks of kasargod district)";amendment of part vii and part xx of constitution (scheduled tribes) order, 1950(b) in part xx–– chhattisgarh,––(i) in entry 16, after "asur", insert ", abhuj maria"; (ii) in entry 27, after "korwa", insert ", hill korwa" statement of objects and reasons clause (25) of article 366 of the constitution defines, "scheduled tribes as under:"scheduled tribes" means such tribes or tribal communities or parts of or groups within such tribes or tribal communities as are deemed under article 342 to be scheduled tribes for the purposes of this constitution"2 article 342 of the constitution provides as under:—"scheduled tribes (1) the president may with respect to any state or union territory, and where it is a state, after consultation with the governor thereof, by public notification, specify the tribes or tribal communities or parts of or groups within tribes or tribal communities which shall for the purposes of this constitution be deemed to be scheduled tribes in relation to that state or union territory, as the case may be(2) parliament may by law include in or exclude from the list of scheduled tribes specified in a notification issued under clause (1) any tribe or tribal community or part of or group within any tribe or tribal community, but save as aforesaid a notification issued under the said clause shall not be varied by any subsequent notification" 3 in view of the above constitutional provisions, the first list of scheduled tribes in kerala was notified vide the scheduled castes and scheduled tribes (modification) order,1956 it was further amended/modified through the scheduled castes and scheduled tribes orders (amendment) act, 1976 [no 108 of 1976] (dated 18th september, 1976), the 'marati'community was excluded from the list of scheduled tribes of kerala vide the scheduled castes and scheduled tribes orders (amendment) act, 2002 [no 10 of 2003] (dated 07th january, 2003)4 the communities of "abujh maria" and "hill korwa" identified as particularly vulnerable tribal groups have not been enlisted in the list of scheduled tribes of the state of chhattisgarh5 to fulfill the long standing demand for re-inclusion of 'marati' community in the list of scheduled tribes in the state of kerala, it is proposed on the recommendation of the state of kerala to amend part vii, of the schedule to the constitution (scheduled tribes) order, 1950 relating to kerala and insert a new entry at sl no 28 as—'marati' (of the hosdurg and kasargod taluks of kasargod district)6 to fulfil the long standing demand for granting scheduled tribes status to the particularly vulnerable tribal groups namely "abujh maria" and "hill korwa" in the list of scheduled tribes in the state of chhattisgarh, it is proposed on the recommendation of the state of chhattisgarh to amend the entry at sl no 16 and 27 occurring under part xx of the schedule to the constitution (scheduled tribes) order, 1950, relating to chhattisgarh and insert a new entry "abujh maria" after asur at sl no 16 and a new entry at sl no 27 of "hill korwa" after korwa7 the bill seeks to achieve the aforesaid objectsnew delhi;v kishore chandra deothe 11th december, 2012 financial memorandumthe bill seeks to amend the constitution (scheduled tribes) order, 1950 by inserting a new entry at sl no 28 in the list of scheduled tribes of kerala state as—'marati' (of the hosdurg and kasargod taluks of kasargod district) and in the list of scheduled tribes of chhattisgarh state, a new entry "abujh maria" after asur at sl no 16 and a new entry of "hill korwa" after korwa at sl no 272 the amendment in the list of scheduled tribes of kerala and chhattisgarh willentail additional recurring expenditure from the consolidated funds of india on account of benefits likely to be provided to the persons belonging to 'marati', 'abujh maria' and 'hill korwa' communities out of continuing schemes meant for the welfare of the scheduled tribes the same will be accommodated within the annual plan and non-plan outlay of the ministry annexureextracts from the constitution (scheduled tribes) order, 1950(co 22) part vii—kerala28 omitted part xx—chhattisgarh 16 gond, arakh, arrakh, agaria, asur, badi maria, bada maria, bhatola, bhimma, bhuta, koilabhuta, kolibhuti, bhar, bisonhorn maria, chota maria, dandami maria, dhuru, dhurwa, dhoba, dhulia, dorla, gaiki, gatta, gatti, gaita, gond, gowari hill maria, kandra, kalanga, khatola, koitar, koya, khirwar, khirwara, kucha maria, kuchaki maria, madia, maria, mana, mannewar, moghya, mogia, monghya, mudia, muria, nagarchi, nagwanshi, ojha, raj gond, sonjhari, jhareka, thatia, thotya, wade maria, vade maria, daroi 27 korwa, kodaku ———— a billfurther to amend the constitution (scheduled tribes) order, 1950 to modify the list of scheduled tribes in the states of kerala and chhattisgarh———— | Parliament_bills | 117355e2-1dd8-5639-a341-3abe13c21fe9 |
bill no 19 of 1982 the iron ore mines and manganese ore mines labour welfare fund (amendment) bill, 1982 j, a billta amend the iron ore mines and mangvese ore mines labour welfare fund act, 1976 ' ~, 'be'it '~nact~d by parliam\!!nt in the thirty-third year of the republic of tndia as 'follows:-:~:rt1lnd commence· ment , z in the iron ore mines and mangalle'3e ore mines labour welfare 81 of 1978l amend ment of inn, title 10 ci manganese ore mines and' chrome ore rnint:s" shall be substituted 3 in section 1 of the principal act,-amend_ ment ot section 1 (4) in sub-section (1), for the words "and manganese ore mines labour welfare", the words ii, manganese ore mines and chrome ore mines labour welfare" shall be substituted; (b) in sub-section (3), in the proviso,-(i) after the words "only to manganese ore mines", the words ", or only to chrome ore mines" shall be inserted; (ii) for the words "and manganese ore mines", the words ", manganese ore mines and chrome ore mines" shall be 10 substituted a in section z of the principal act-amend_ ment of section 2 (a) after clause (a), the following clause shall be inserted, namely:- '(aa) "chrome ore" includes ferro-chrome;'; 15 (b) in clause (d), for the words "and manganese ore minei labour welfare", the words " manganese ore mines and chrome ore mines labour welfare~' shall be substituted; (e) in clause (g)-(i) in sub-clause (i), after the words "or manganese", the 20 words "or chrome" shall be inserted; (iii) in sub-clause' (ii) , after the words "manganese ore", the words "or chrome ore" shall be inserted; (d) in clause (h) ,-(i) tn the opening portion, after the words "or manganetle ore mine", the words "or chrome ore mine" shall be inserted; 25 (ii) in sub-clause (1) and sub-clause (2), after the words "or manganese ore", wherever they occur the words "or chrome ore" shall be inserted am~ndrr,ent of section 3 5 in i!iection 3 of the prjndpal ad; for the words "and man 30 ore mines labour welfare", in both the plaees where they oeeur, the word if, manganese ore mines and chrome ore mines labour wei-'are" shall be substituted -6 in section 4- of the principal aet,-/\mendmtnt of section 4 (a) in the opening portion, for the ~ "and diilqpii8ie ore mines", the words ", manganese ·;ore mines and chrome ore mines" 35 shall be substituted; (1b) in druse (a), in the opening portion, after the wonts "ol' manganese ore mines", the words "or 'chrome ore mines" shan he lnse~ (e) in clause (b),-(i) after the words "or of a manganese ore mine", the worm "or of a chrome ore mme" shal1 be idsertelt: (if) after the words "or manganese ore mines", the wor41s ii-or eb1'ojlle ore mines" ,h,ii' " inserted; lijk sa3ha w rri genolal to the irjn ure ~ili-jes ai'id ~,anganese urle mines labjur vlelfaae f'j:jd tmtenciliietlt) bill, 1982 (to be/as introduced in jo k s abh£l) page 2, line 31,-for "v<>rd8 read ·~rdsll --ne\i delhi; ~ arch ~ j _1-,i2 p halguna 11, 190-3\sakaj (d) in e1ause (c),-(i) after the words "or mancane&e ore mides", the wol'cis "or chrome ore min,es" shall be inserted; (ii) in the proviso, after the words, "or of a madlanfl8e ore mine", the words "or of a chrome ore mine" shall be inserted; 5 7 in section 5 of the principal act,-amend -ment of (a) in aub-sectiob (1),--section 5 (1) in clause «(1;), after the words "or manganse orfl'l the words ('or chrome ~" shall be in8erted; (itt) in clause ('b), for the words "both iron ore and 10 jdadganese ore", tire words "any two of or ad such ores" and for the words "iron ore only or mancanese ore only, or in respect of both", the words "anyone of such ores only, or in respect of any two of such ores o~y, or in respect of all such ores" shall be substituted; 15 (b) in 8ub-section (2), in the proviso, for the words ('and majiciln888 ore mines", in both the places where they occur, the words ", manganese ore mines and chrome ore mines" shad be substituted 8 in aection 6 of the principal act, in sub-section (2), in the proviso, amend ment of section 6 20 for the words "and asanganes·e ore mines", in both the places where &hey occur, the woms ", manganese ore mines and 'chrome ore mines" shan be subttttutecl amend_ ment of section 8 9 in section 8 of the pdncipal ad, in sub-section (1) and sub-section (2), for the words "and manganese ore mines labour welfare", the words 25 'i, m ore mines and chrome ore mines labour welfare" shah be nbstituted 10 in section 9 of the principal act, after the words "manganese ore mines", the words "or chrome ore mines" shall be inserted amend ment of !'(·ctlon 9 h in section 11 of the principal act, after the words "of a manganese ~tt ore mine", the words "or of a chrome ore mine" shall be inserted amendment of section 11 ii in section 12 of the principal act, in sub-section (2) ,_ an-end ment of section 12 (a) in clause (e), after the words "manganese ore mines", the words "or chrome ore nunes" shall be inserted' , ~ (b) in clause (h), after the words "of manganese ore mines", 35 the words "or of chrome ore mines" shall be inserted chrome or~ is mined largely in orissa· in belts contiguous to iroil ore mines it also occurs in small proportions in, kamatu~, maharashtra and andhra pradesh it is mostly used in the produ<:tion of iron and different types of steels with the increased production of stainless steel in the country an:! abroad; the demand for chrome ore is growing about 6,000 workers nre employed in chrome qre ll}ines and their living conditions need amelioration welfare facilities, which are at present being enjoyed by workers in iron ore and jminganese ore mines, are proposed to be made available to workers in cb~ome ore mines also 2 as the number of workers engaged in chrome ore milles is small, it may not be practicable to set up a separate welfare fund and to make separate arrangements for the welfare of these workers it is, there--"fore, proposed to utilise· the machinery and arrangements· (mder the iron ore mines and manganese ore mines labour welfare fund act, 1976, for the purpose of providing for- the welfare of the workers in chrome ore mines al$o for this purpoae, the fun(,i under this aql;, which is at preflent for the welfare of the workers in iron ore qrloes and manganese ore mines, is proposed to be converted into a joint jurd for the welfare of the workers in iron ore mines, maniane5e ore mines and chrome ore mines the cess on chrome ore udder the amendments protj08ed to be made to the iron ore min~ and manganese ore mines labour welfare cess act, 1976 by the iron ore mines and manganese ore mines labour welfare cess (amendment) bill, 1982, after deducting therefrom the cost of collection and aftu due appropriatittn,wotjth be credited to the said fund the said fund will be utilised for the welfare of persons employed in chrome ore mines in the same manner :as in ~ case of workers in iron ore mines and manganese ore mines a thebiu seeu to achieve t8e above objects~ new d!ija; < the 25th february, 1982 bhagwat jha azad president's recommendation under article 117 of the constitution of india[copy of letter no m 15011/4/78-m iv, dated the 2nd march, lts2· from shri bhagwat jh'a azad, minister of state of the ministry of labour to the secretary, lok sabha] the president, having been informed ~f the subject matter of the above bill to amend the iron ore mines and manganese ore mines labour welfare fund act, 1976, has recommended under article 117 (3) of the constitution, the consideration by lok sabha, of the said bill the,iron ore mine~ add manganese ore mines labour welfare fund act, 1976 (hereinafter referred 1:io • as the 'principal act) provides for the financing of activities to promote the welfare of workers employed in the iron ore mines and manganese ore mines and the present bill seeks to extend the scope of this act to cover activities to promote the welfare of perso1'l5 employed in chrome ore mines also the fundundel' the act hi proposed to be converted into ,a joint fund 'for the welfare of the workers in all these mines (vide clause 5 of the bill) section 4 of th, principal act relatilig to the purposes for which the fund may be 'applied is being amended (vide clause 6) to cover also the welfare of persons employed in chrome ore mines sections 5, 6 and 8 telating respectively to advisory committees, central advisory committee and" ap,?ointment of welfare commissioners, welfare administrators,inspectors and other officers and staff for the administration of tl:te act· are being amended!o that they apply for purposes of welfare of persons employed ih chrome ore mines in the manner as they now apply for purposes of wc:>lfare of persons· employed in iron ore mines and manganese ore mines (vide clauses '1, '8 and 9 o'f the bill) 2 the scheme of the afqreme - tioned amendments is to utilise as far as ,possible the existing machinery under the principal a'ct for the pur poses of welfare of persons employed in the:chrome ore mines' also however, the composition of the advisory cqmmittees and the central advisory committee will have to be altered so as to include therein representatives of the owners of, and persons employed in, the chrome ore mines and some augmentation of the officers and staff for the administration of the act may also be necessary to· 'cope with the additional work relating to activities for welfare of persons employed in chrome ore mines however, it may be stated that the additional expenditure on the representatives of the owners 'and persons employed in chrome ore mines in the advisory committees and the central advisory committee and on the additional omcers and staff will not exceed 10 per cent of the total yield of the proposed cess on the chrome ore which is estimated to be of the order ot rs 9 lakhs per annum such additional expenditure would be of a recurring nature and will be met from out of the fund under the principal act it would thus be seen that there would be no outgo from the consolidated fund of india 3 the bill does not involve any other expenditure whether of a recurring or non-recurring nature clause 10 of the bill seeks to amend section 9 of the lron ore mines and manganese ore mines labour welfare fund act, 1976 to empower the central government to direct, by notification in the official gazette, that all or any of the provisions o'f the act shall not apply or shall apply to any state or part thereof, subject to such exceptions or rnodificatiool as may be specified in the nc-tiftcation, if that government is satisfied that there is in force in such state or part thereof a law making adequate provisions for financing the activities to promote the welfare of persons employed in chrome ore mines as the clause specifies clear guidelines for ~ssuing a notification, the delegation of legislative power is of a normal character 2 clause 12 of the bill seeks to amend clauses (c) and (h) of subsection (2) of s9ction 12 of the act, to empower the central government to make rules with respect to the standard of welfare measures to be provided by the owners of chrome ore min~ for the purpose of clause (c) of section 4 of the act, and with respect to the furnishing of statistical and other information by the occupiers of metallurgical factories and the owners, agents or managers of chrome ore mines to the central government under section 11 of the act the matters with respect to which rules may be made under the above-mentioned provisions are matters of procedure or detail the delegation of legislative power is, therefore, of a nonnal character annexure extracts from the iron on mines and manganese or! minis lasol1a welfare fund act, 1976(61 of 1976) - - - - - an act to provide for the financing of activities to promote the welfare of persons employed in the iron ore mines and mangan~ ore mine • - - - - - 1 (1) this act may be called the iron ore mines and mang~nese ore mines labour welfare fund act, u176 - - - - - short title, ex tent and commence· 'mnt (3) it shall come into fprce on such date as the central government may, by notification in the official gazette, appoint, and different dates may be appointed for different states: provided that the central government may, by notification in the ofticial gazette, apply in the first instance the provisions of tbls act, 'only to iron are mines, or only to manganese are mines, in a state with effect from such date as may be specified in the notification, and if that gov· ernment is satisfied thai it is necessary or expedient so to do, it may extend this act to all iron ofe mines and manganese ore mines in that state with effect from such date as may be specified tn the notification , published in the official gazette deftnj-tiona z in this act, unless the cqntext otherwise requires,-- - - - - (d) "fund" means the tron ore mines and manganese ore mines labour welfare fund formed under section 8; - - - - - (g) "metallurgical factory" means-(i) a factory in which iron or steel or manganese is being proc~ssed of manufactured; (if) any other 'factory, being a factory in which iron are or manganese ore is used for any purpose which the central q6v emment may, by mtification in the official· gazette, declare to be a metallurgical factory for the purposes of this act; (h) a penon is s/iirl to be employed in an iron ore mine or manganese o~e mine,-(1) if he is employed within the premise'! or in the vicinity of such mine by the owner, agent or manager of such mine or by a contractor or any other agency exclusively in anyone or mort'! of the following, namely:-(i), any iron are or manganese are mining operation; ' ~ ~ r ,"',-, - (ii) the operation, fervicing, maintenance or repair oj any machinery or any' part thereof used in or about such mine; , (iii) the loading, unloading or despatch of iron ore qr manganese ore or any other material connected with the mining of iron ore or manganese ore; (iv) any work in 'any office, canteen or creche situated within the precincts cf such mine; (v) any welfare, health, sanitary or~cy ser vices or any watch and ward duties at any place situated within such premises or vicinity, not being a place occupied by any reidenttal building; or ~ \ (2) if, in any such area as may be notified by the central government in the official gazette in this behalf, he 1's employed by the owner, agent or manager of such mine or by a contractor or ~y other agency efclusively in the loading, uiuqading or depatch of iron ore or manganese ore or any other material connected with the mining of iron ore o!" manganese ore; , - - - - 3 ~shal1 be· formed a fund, to be called the iron ore mines'and ikagailese ore mines labour' welfllre fund, and there shau be credited tttehto- iron ore mines and manlanese ore mines labour weuare fund (a)· an amount which the central government may, after due ~ appropriation made by parliament by law in this behalf, provide from and out of the proceeds of duty of customs and duty ,of excise credited under section 5 of the iron ore mines and manganese ore mines labour welfare cess act, 1976, after deductin~ therefrom, the cost of collection as determined by t)1e central government ~dej" this act; (b) 'any income' ftom' investment of the amount credited under the act'referred to in clause (a:) and any other moneys received b" the central government for the purposr:s of this act application of fund 4 the fund shall be applied by the central government to meet the expenditure incurred in connection with the measures which, in the opinion of that government, are nece<;sary or elc'pedient to promote the we11al"e of: persons employed in the iron ore mines and man~anese ore mbtes; and to pail'ticular-' (a) to defray the cost of measures for the'benefti of' persons employed in the iron, ore mine!'; 'or manganese ore mines directed toward-- - - - (b) to grant loan or ~ubsidy to a state government 'ii local authority or the owner of an iron ore mine oil" of a manganese ore mire, ~ aid of anv sche1lle ancroved b~ thf' cpntral ~emm~t far anv purpose con'ne<!ted with the welfare of p~rsonc; employed in iron ore mines or man~anese ore mines: , '(e) to pay annually grants-in-atrl to such of the owners of iron ore mines or man~anese ()it'e' mi'~ who providp, to the !!8tisfaction of the central government welfare measures of the prescribed standard ' , for the benefit of persons employed in their mines, so, however, that the amount payable as grants-in-aid to such owners shall not exceed-(i) the amount spent by them in the provision of welfare measures as detf¥'mined by the central government or any person specified by it in this behalf, or (ti) such amount as may be" prescribed, whichever is less: p:tonded that no grant-in,aid shall be payable in respect of any welfare measures provided by! the owner of an iron are mine or of a manganese are mine where the amount spent thereon determined as aforesaid is less than the amount prescribed in this behalf; - b (1) the central government may,-advisory commit tees (a) constitute for each state which produces 'iron are or manganese ore an advisory committee, or (b) where both iron ore and manganese ore are produced in a state, constitute, for such state, an advisory committee i'l1 respect of iron ore only or manganese ore only, or in respect of both, to advise the central government on such matters arising out of the administration c1f this act as may be referred to it by that government, including matters relating to the application of the fund (2) each advisory comm'ttee shall consist of such number of persons as may be appointed to it bythe central government of whom one shall be a woman and the members shall be chosen in such manner as may be prescribed: provided that each advisory c~mittee shalf include an equal number of members representing government, the owne~s of iron are mines and manganese ore mines and the person, employed in lhe iro:1 ore mines and manganese are mines - - 6 (1) - - - central advisory committee (2) the central advisory committee shan consist of such number of persons as may be appointed by the central government of whom one shall be a woman and the members shall be chosen in such manner as may be prescribed: provided that the central advisory committee shall include an equal number of members r~presenting the government, the owners of iron are mines and manganese ore mines a'1d t1-je rcrsr)ns employed in the iron qre mines and manganese are mines - - 6 (1) the centra] government mav appoint as many welfare commissioners wrlfare administrators, inspectors and such other office,:,s and stnff as it thinks necessary for the purposes of th1s act and the iron ore mines and manganese ore mines labour welfare cess act, 1976 (2) the central government may, by general or special order, direct a welfare commissioner to appoint such staff as is considered necessary appoint_ ment of welfare commissioners, etc, and their powers for the purposes of this act and the iron ore mines and manganese ore mines labour welfare cess act, 1976 - - - - - | power | of ||-----------|-------|| central | || govern_ | || ment | to || exempt | |9 notwithstanding anything contained in this act, if the central government is satisfied that there is in force in any state or plp't thereof a law making adequate provision for the financing w activities to promote the welfare of persons employed in the iron ore mines or manganese ore mines, it may, by notification in the official gazette, direct that all or any of the provisions of this ad shall not apply or shall apply to sl!ch state or part thereof subject to such exceptions and modifications as may be specified in the notification - - - - - power to call for informa tion 11 the central government may require an occllpier of a metauurgical factory or the owner, agent or manager of an iron ore mine or of a manganese ore mine to furnish, for the purposes' of this act, such statistical' and ather information in such form and within guch period as may be prescribed 12 (1) - - - - - , power to make rules, (2) in particular and without prejudice to the generality of the foregoing power, such rules may provide for-- " - - - -(c) the standard of welfare measures to be provided by owners of iron ore mines or manganese ore mines for the purposes of clause (c) of section 4; - - - - (h) the furnishing to the central government by the occupiers of metallurgical factories and the owners, agents or managers of iron ore mines or of manganese ore mines, of such statistical and other information as may be required to be furnished, from time to time, by that government under section 11; - - - - - a bill \ to amend the iron ore mines and manganese ore mines labour welfare fund act, 1976 (shri bhagwat jha azad, minister of state oj the ministry of labour) ) , i | Parliament_bills | 8ac7f974-7d75-5867-95a6-5e3ca2c4d612 |
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