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bill no 148 of 2014 the scheduled castes hamlets (provision of basic facilities) bill, 2014 by shri kodikunnil suresh, mp a billto provide for certain basic facilities to the persons belonging to the scheduled castes living in hamlets and for matters connected therewith be 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 scheduled castes hamlets (provision of basic facilities) act, 2014definition2 in this act, unless the context otherwise requires, "hamlet" means a small village or a cluster of houses inhabited by the persons belonging to the scheduled castes53 (1) the central government shall, within a period of one year from the date of coming into force of the scheduled castes hamlets (provision of basic facilities) act, 2014, identify the hamlets inhabited by the persons belonging to the scheduled castes(2) for the purpose of identifying hamlets under sub-section (1), the central government shall use such methods as it may deem fitidentification of hamlets inhabited by persons belonging to scheduled castes104 the central government shall, after due appropriation made by parliament by law in this behalf, provide adequate funds to the state governments for the purposes of providing the following basic facilities free of cost to the persons belonging to the scheduled castes and living in hamlets identified under section 3, namely:—funds to the state governments for providing certain basicfacilities(i) potable water;(ii) electricity;(iii) sewage facilities;15(iv) toilet facilities;(v) road connectivity;(vi) primary health centres;(vii) parks;(viii) crematorium; and20(ix) pucca dwelling units5 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 to be in derogation of any other lawpower to make rules6 (1) the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act25 30(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 persons belonging to the scheduled castes have been, for centuries, the most neglected, marginalized and exploited after independence, the polity of our nation has realized the importance of development of weaker sections specially the scheduled castes consequently, planned efforts have been made for their upliftment by the successive governments however, the benefits of affirmative action by the successive governments for the welfare of persons belonging to the scheduled castes have reached only to a small section of these persons in the last sixty-six years majority of persons of these castes are facing a lot of problems due to poor living conditions in the hamlets where they live in they do not have access to the basic necessities of life like potable water, sanitation, pucca houses, electricity etc, and are, therefore, unable to live a dignified lifetherefore, it is proposed that all hamlets inhabited by the persons belonging to the scheduled castes should be provided with all basic facilities to improve their standard of livinghence this billnew delhi;kodikunnil sureshnovember 12, 2014 financial memorandumclause 3 of the bill provides for identification of hamlets inhabited by the persons belonging to the scheduled castes clause 4 provides that the central government shall provide adequate funds to the state governments for providing certain basic facilities to the persons belonging to the scheduled castes and living in hamlets the bill, therefore, if enacted, would involve expenditure from the consolidated fund of india it is estimated that a sum of rupees five thousand crore would be involved as recurring expenditure per annuma sum of rupees ten thousand crore would be involved as a non-recurring expenditure memorandum regarding delegated legislationclause 6 of the bill empowers the central government to make rules for carrying out the purposes of the bill as the rules will relate to matters of detail only, the delegation of legislative power is of a normal character———— a billto provide for certain basic facilities to the persons belonging to the scheduled castes living in hamlets and for matters connected therewith————(shri kodikunnil suresh, mp)gmgipmrnd—2757ls(s3)—02-12-2014 | Parliament_bills | 1450612d-439b-511d-9b78-9d2a02e92d81 |
the street vendors (protection of livelihood and regulation of street vending) bill, 2012 _______ arrangement of clauses ________ chapter i preliminary clauses1 short title, extent and commencement 2 definitions chapter ii registration of street vendors3 application for registration 4 registration of street vendors and issue of certificate of registration 5 persons not to engage in street vending without obtaining certificate of vending 6 issue of certificate of vending 7 criteria for issuing certificate of vending 8 vending fees19 validity and renewal of certificate of vending10 cancellation or suspension of certificate of vending 11 appeal from decision of town vending committee chapter iii rights and obligations of street vendors12 rights of street vendor 13 right of street vendor for a new site or area on relocation 14 duty of street vendors 15 maintenance of cleanliness and public hygiene 16 maintenance of civil amenities in vending zone in good condition 17 payment of maintenance charges chapter iv relocation of street vendors, their eviction and procedure for confiscation of goods18 relocation or eviction of street vendors 19 confiscation and reclaiming of goods (ii) chapter v dispute redressal mechanism clauses20 redressal of grievances or resolution of disputes of street vendors chapter vi plan for street vending21 preparation of street vending plan chapter vii town vending committee22 town vending committee 23 meetings of town vending committee 24 temporary association of persons with town vending committee for particularpurposes25 office space and other employees for town vending committee 26 constitution of ward vending committees 27 publication of street vendor's charter and database and carrying out of socialaudit chapter viii duties of local authority28 duties of local authority chapter ix prevention of harassment of street vendors29 prevention of harassment by police and other authorities chapter x penal provisions30 penalty for contraventions chapter xi miscellaneous31 provisions of this act, not to be construed as conferring ownership rights, etc 32 returns 33 promotional measures 34 research, training and awareness 35 act to have overriding effect 36 powers to delegate 37 power to amend schedules 38 power to make rules 39 power to make bye-laws 40 scheme for street vendors 41 power to remove difficultiesthe first schedule the second schedule the third schedule bill no 104 of 2012 the street vendors (protection of livelihood and regulation of street vending) bill, 2012 a billto protect the rights of urban street vendors and to regulate street vending activities and for matters connected therewith or incidental thereto be it enacted by parliament in the sixty-third year of the republic of india as follows:— chapter i preliminaryextent, (3) it shall come into force on such date as the central government may, by notification in the official gazette, appoint; and different dates may be appointed for different states and any reference in any provision to the commencement of this act shall be construed in relation to any state as a reference to the coming into force of that provision in that state5 (4) the provisions of this act shall not apply to any land, premises and trains owned and controlled by the railways under the railway act, 198924 of 1989definitions2 (1) in this act, unless the context otherwise requires,—(a) "appropriate government" means,—(i) in relation to the lands owned or controlled by the central government,the central government;10(ii) in relation to the lands owned or controlled by the state government,the state government;(iii) in relation to lands owned or controlled by the union territoryadministration, the union territory administration;15(iv) in relation to any other land, the authority empowered to make lawwith respect to such land under any law for the time being in force; (b) "holding capacity" means the maximum number of street vendors who can beaccommodated in any vending zone;2041 of 2006(c) "local authority" means a municipal corporation or a municipal council or anagar panchayat, by whatever name called, or the cantonment board, or as the case may be, a civil area committee appointed under section 47 of the cantonment act, 2006 or such other body entitled to function as a local authority in any city or town to provide civic services and regulate street vending and includes the "planning authority" which regulates the land use in that city or town;25(d) "mobile vendors" means street vendors who carry out vending activities indesignated area by moving from one place to another place vending their goods and services;(e) "natural market" means a market where sellers and buyers have traditionallycongregated for more than a specified period for the sale and purchase of specific products or services and has been determined as such by the local authority;30(f) "notification" means a notification published in the official gazette and theterm "notify" shall be construed accordingly;35(g)"planning authority" means an urban development authority or any otherauthority in any city or town designated by the appropriate government as responsible for regulating the land use by defining the precise extent of areas for any particular activity in the master plan or development plan or zonal plan or layout plan or any other spatial plan which is legally enforceable under the applicable town and country planning act or the urban development act or the municipal act;(h) "prescribed" means prescribed by rules made under this act by theappropriate government;40(i) "schedule" means the schedule annexed to this act; (j) "scheme" means a scheme framed by the appropriate government undersection 40;(k) "state nodal officer" means an officer designated by the state governmentto co-ordinate all matters relating to urban street vending in the state;45(l) "stationary vendors" means street vendors who carry out vending activitieson regular basis at a specific location;5(m) "street vendor" means a person engaged in vending of articles, goods,wares, food items or merchandise of everyday use or offering services to the general public, in a street, lane, side walk, footpath, pavement, public park or any other public place or private area or from a temporary built up structure or by moving from place to place and includes hawker, peddler, squatter and all other synonymous terms which may be local or region specific; and the words "street vending" with their grammatical variations and cognate expressions, shall be construed accordingly;(n) "town vending committee" means the body constituted by the appropriategovernment under section 22;10(o) "vending zone" means an area or a place or a location designated as such bythe local authority for the specific use by street vendors for street vending and includes footpath, side walk, pavement, embankment, portions of a street, waiting area for public or any such place considered suitable for vending activities and providing services to the general public15 (2) any reference in this act to any enactment or any provision thereof, shall, inrelation to an area in which such enactment or such provision is not in force be construed as a reference to the corresponding law, if any in force in that area chapter ii registration of street vendors20application for registration3 (1) every person who has completed the age of fourteen years, or as the case maybe, the age prescribed by the appropriate government, and intends to do street vending, may make an application to the town vending committee for registration as a street vendor(2) every application under sub-section (1) shall be made in such form and manner, accompanied by such documents and one time fees, as may be specified in the scheme254 (1) the registration of all street vendors who make application under section 3 shallbe made by the town vending committee within such period, and in such manner, as may be specified in the schemeregistration of street vendors and issue of certificate of registration30(2) the town vending committee shall not summarily reject any application withoutgiving the applicant an opportunity to rectify deficiencies, if any, and affording him an opportunity of hearing(3) where, on the completion of the period specified under sub-section (1), if the applicant does not receive any response about the deficiencies in his application or the rejection of his application, he shall be deemed to have been registered35(4) if the town vending committee, or any officer authorised by the town vendingcommittee, is satisfied that the application made under section 3 is in accordance with the provisions of this act and the rules or schemes made thereunder, he shall issue a certificate of registration to the applicant with a serial number assigned to it5 no person shall carry on or commence the business of street vending unless he holds a certificate of vending issued under this act:40persons not to engage in street vending without obtaining certificate of vendingprovided that a person who has been issued a certificate of vending before thecommencement of this act (whether as a stationary vendor or a mobile vendor or under any other category) shall be deemed to be a street vendor for that category for the period for which he has been issued such certificate of vending45issue of certificate of vending6 (1) subject to the provisions of section 5, the town vending committee or anyofficer authorised by the town vending committee may, subject to such conditions and restrictions as may be specified in the scheme, issue a certificate of vending to every street vendor who has been registered under section 4(2) the certificate of vending referred to in sub-section (1) shall be issued under any of the following categories, namely:—(a) a stationary vendor; or (b) a mobile vendor; or510(c) any other category as may be prescribed(3) the certificate of vending issued under sub-section (1) shall be in such form, and issued in such manner, as may be specified in the scheme and specify the vending zone where the street vendor shall carry on his vending activities, the time limit for carrying on such vending activities and the conditions and restrictions subject to which he shall carry on such vending activities(4) every street vendor who has been issued certificate of vending under sub-section(1) shall be issued identity cards in such form and manner as may be specified in the scheme15criteria for issuing certificate of vending7 the criteria to be followed by the town vending committee for issuing certificate ofvending to a street vendor shall be as specified in the scheme, which may, apart from other things, provide for preference to the scheduled castes, the scheduled tribes, other backward classes, women, persons with disabilities, minorities or such other categories as may be prescribedvending fees8 every street vendor who has been issued certificate of vending shall pay suchvending fees as may be specified in the scheme209 (1) every certificate of vending shall be valid for such period as may be specified inthe schemevalidity and renewal of certificate of vending (2) every certificate of vending shall be renewable for such period, in such manner,and on payment of such fees, as may be specified in the scheme25cancellation or suspension of certificate of vending3010 (1) where a street vendor who has been issued a certificate of vending under this act commits breach of any of the conditions thereof or any other terms and conditions specified for the purpose of regulating street vending under this act or any rules or schemes made thereunder, or where the town vending committee is satisfied that such certificate of vending has been secured by the street vendor through misrepresentation or fraud, the town vending committee may, without prejudice to any other fine which may have been incurred by the street vendor under this act, cancel the certificate of vending or suspend the same in such manner as may be specified in the scheme and for such period as it thinks fit:provided that no such cancellation or suspension shall be made by the town vending committee unless an opportunity of hearing has been given to the street vendor35appeal from decision of town vending committee11 (1) any person who is aggrieved by any decision of the town vending committeewith respect to registration under section 4 or issue of certificate of vending under section 6 or cancellation or suspension of certificate of vending under section 10 may prefer an appeal to the local authority in such form, within such period, and in such manner, as may be specified in the scheme(2) no appeal shall be disposed of by the local authority unless the appellant has beengiven an opportunity of hearing40 chapter iii rights and obligations of street vendorsrights of street vendor45 12 (1) every street vendor shall have right to carry on the business of street vendingactivities in the vending zones allotted to him in accordance with the terms and conditions mentioned in the certificate of vending and the scheme framed by the appropriate government(2) notwithstanding anything contained in sub-section (1), where any area or space,as the case may be, has been earmarked as no-vending zone, no street vendor shall carry out any vending activities in that zone 13 every street vendor, who possesses a certificate of vending, shall, in case of his relocation under section 18, be entitled for new site or area, as the case may be, for carrying out his vending activities as may be determined by the local authorityright of street vendor for a new site or area on relocationduty of street vendors514 where a street vendor occupies space on a time sharing basis, he shall remove hisgoods and wares every day at the end of the time-sharing period allowed to him15 every street vendor shall maintain cleanliness and public hygiene in the vendingzones and the adjoining areasmaintenance of cleanliness and publichygiene16 every street vendor shall maintain civic amenities and public property in the vendingzone in good condition and not damage or destroy or cause any damage or destruction to the same10maintenance of civicamenities invending zone in good condition payment ofmaintenance charges 17 every street vendor shall pay such periodic maintenance charges for the civic amenities and facilities provided in the vending zones as may be determined by the local authority chapter iv 15 relocation of street vendors, their eviction and procedure for confiscation of goods18 (1) the local authority shall, having regard to public nuisance or obstruction of movement of general public caused by the street vendors, or for any other public purpose, relocate such street vendors in such manner as may be specified in the schemerelocation or eviction of street vendors20 (2) where the local authority is satisfied that a street vendor has consistently failed tocomply with his duties and obligations under the act or the rules and the scheme made thereunder, evict such street vendor in such manner as may be specified in the scheme(3) no street vendor shall be relocated or evicted by the local authority from the site allotted to him unless he has been given seven days notice for the same in such manner as may be specified in the scheme25 (4) a street vendor shall be relocated or evicted by the local authority physically insuch manner as may be specified in the scheme only after he had failed to vacate the site after the expiry of said period of notice under sub-section (3)30 (5) every street vendor who fails to relocate or vacate the site allotted to him after the expiry of the said period of notice shall also be liable to pay, for every day of such default, a penalty which may extend up to rupees five hundred as may be determined by the local authorityconfiscation and reclaiming of goods 19 (1) the local authority, in addition to evicting the street vendor under section 18, may, if it deems necessary, confiscate the goods of such street vendor in such manner as may be specified in the scheme35 (2) the street vendor whose goods have been confiscated under sub-section (1) may,reclaim his goods in such manner, and after paying such fees, as may be specified in the scheme chapter v dispute redressal mechanism4020 (1) the local authority shall, for the purpose of disposing of an application received under sub-section (2), constitute a permanent committee consisting of a person who has been a sub-judge or a judicial magistrate or an executive magistrate and such other persons having such experience in natural market and street vending activities as may be prescribedredressal of grievances or resolution of disputes of street vendors(2) every street vendor who has a grievance or dispute may make an application in writing to the committee constituted under sub-section (1) in such form and manner as may be prescribed5(3) on receipt of grievance or dispute under sub-section (2), the committee referred to in sub-section (1) shall, after verification and enquiry in such manner, as may be prescribed, take steps for redressal of such grievance or resolution of such dispute, within such time and in such manner as may be prescribed10(4) any person who is aggrieved by the decision of the committee may prefer an appeal to the local authority in such form, within such time and in such manner as may be prescribed(5) the local authority shall dispose of the appeal received under sub-section (4)within such time and in such manner as may be prescribed: provided that the local authority shall, before disposing of the appeal, give an opportunity of being heard to the aggrieved person15 chapter vi plan for street vendingpreparation of street vending plan2021 (1) every local authority shall, in consultation with the planning authority, once inevery five years, make out a plan to promote a supportive environment for the vast mass of urban street vendors to carry out their vocation, which shall provide for matters contained in the first schedule(2) the street vending plans prepared by the local authority shall be submitted to the appropriate government and the appropriate government shall determine the planning norms for street vendors and notify the street vending plan so submitted chapter vii25 town vending committeetown vending committee22 (1) the appropriate government may, by rules made in this behalf, provide for theterm and the manner of constituting a town vending committee in each local authority :provided that the appropriate government may, if considers necessary, provide forconstitution of more than one town vending committee, or a town vending committee for each zone or ward, in each local authority30 (2) each town vending committee shall consist of :—(a) municipal commissioner or chief executive officer, as the case may be, who shall be the chairperson; and35(b) such number of other members as may be prescribed, to be nominated by theappropriate government, representing the local authority, the planning authority, traffic police, local police, association of street vendors, market associations, traders associations, resident welfare associations, banks and such other interests as it deems proper:provided that the number of members nominated to represent the street vendors shall not be less than forty per cent:40provided further that one-third of such members shall be from amongst women vendors: provided also that representation shall be given to the scheduled castes, the scheduled tribes, other backward classes, minorities and persons with disabilities(3) the chairperson and the members nominated under sub-section (2) shall receive such allowances as may be prescribed by the appropriate government45| meetings ||--------------|| town vending || committee | 23 the town vending committee shall meet at such times and places within the jurisdiction of the local authority and shall observe such rules of procedure in regard to the transaction of business at its meetings, and discharge such functions, as may be prescribed5 24 (1) the town vending committee may associate with itself in such manner and forsuch purposes, as may be prescribed, any person whose assistance or advice it may desire, in carrying out any of the provisions of this act (2) a person associated under sub-section (1) shall be paid such allowances as may be prescribedtemporary association of persons with town vending committee for particular purposes1025 the local authority shall provide the town vending committee with appropriateoffice space and such employees as may be prescribedoffice space and otheremployees for town vendingcommittee26 the town vending committee may, in such manner and for such purposes,constitute such number of zonal vending committees and ward vending committees as may be prescribedconstitution of ward vending committees15publication of street vendor's charter and data-base and carrying out of social audit20 2527 (1) every town vending committee shall publish the street vendor's charter specifying therein the time within which the certificate of registration and the certificate of vending shall be issued to a street vendor and the time within which such certificate of vending shall be renewed and other activities to be performed within the time limit specified therein(2) every town vending committee shall maintain an up to date records of registered street vendors and street vendors to whom certificate of vending has been issued containing name of such street vendor, stall allotted to him, nature of business carried out by him, category of street vending and such other particulars which may be relevant to the street vendors, in such manner as may be prescribed(3) every town vending committee shall carry out social audit of its activities under the act or the rules or the schemes made thereunder in such form and manner as may be specified in the scheme chapter viii duties of local authorityduties of local authority3028 notwithstanding anything contained in any other law for the time being in force, the local authority shall carry out such duties under the provisions of this act as are provided in the second schedule chapter ix prevention of harassment of street vendors3529 no street vendor who carries on the street vending activities in accordance with the terms and conditions of his certificate of vending shall be prevented from exercising such rights by any person or police or any other authority exercising powers under any other law for the time being in forceprevention of harassment by police and other authorities chapter x penal provisions4030 if any street vendor—penalty for contraventions(a) indulges in vending activities without a certificate of vending;(b) vends beyond the designated vending zones or specified timings; (c) contravenes the terms of certificate of vending; or(d) contravenes any other terms and conditions specified for the purpose of regulating street vending under this act or any rules or schemes made thereunder, he shall be liable to a penalty for each such offence which may extend up to rupees two thousand as may be determined by the local authority5 chapter xi miscellaneous10 31 (1) nothing contained in this act shall be construed as conferring upon a street vendor any temporary, permanent or perpetual right of carrying out vending activities in the vending zones allotted to him or in respect of any place on which he carries on such vending activityprovisions of this act, not to be construed as conferring ownershiprights, etc15(2) nothing contained in sub-section (1) shall apply to any stationery vendor, if atemporary leasehold or ownership right has been conferred on him by a lease deed or otherwise, in respect of a place at specific location where he carries on such vending activity in accordance with the provisions under any law for time being in force for carrying out such vending activityreturns 32 every town vending committee shall furnish, from time to time, to the appropriategovernment and the local authority such returns as may be prescribedpromotional measures2033 the appropriate government may, in consultation with the town vendingcommittee, local authority, planning authority and street vendors associations or unions, undertake promotional measures of making available credit, insurance and other welfare schemes of social security for the street vendors34 the appropriate government may, to the extent of availability of financial and otherresources,—research, training and awareness(a) develop and organise capacity building programmes for street vendors andon how to exercise the rights contemplated under this act;25(b) undertake research, education and training programmes to advance knowledgeand understanding of the role of the informal sector in the economy, in general and the street vendors, in particular and to raise awareness among the public through town vending committee30act to have overriding effect35 the provisions of this act shall have effect notwithstanding anything inconsistent therein contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this act:35provided that where a state has enacted a law for protecting the livelihood of streetvendors and regulation of street vending, and such state law is not inconsistent with this act, then, the state government may apply all or any of the provisions of this act in the statepowers to delegate4036 the appropriate government may, by general or special order in writing, delegatesuch of its powers and functions under this act (excluding the power to frame scheme under section 40 and power to make rules under section 38), as it may deem necessary, to the local authority or the town vending committee or any other officer, subject to such conditions, if any, as may be specified in that orderpower to amend schedules37 (1) on the recommendations made by the appropriate government or otherwise, ifthe central government is satisfied that it is necessary or expedient so to do, it may, by notification, amend the schedules and thereupon the first schedule or the second schedule or the third schedule, as the case may be, shall be deemed to have been amended accordingly45(2) a copy of every notification issued under sub-section (1), shall be laid before eachhouse of parliament as soon as may be after it is issuedpower to make rules38 (1) the appropriate government may, by notification, make rules for carrying out the provisions of this act (2) in particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—(a) the age for street vending;5(b) any other categories of street vendors under sub-section (2) of section 6;(c) other categories of persons under section 7; (d) the persons and the experience such person shall have under sub-section (1)of section 20;10(e) the form and the manner of making application under sub-section (2) ofsection 20;(f) the manner of verification and enquiry on receipt of grievance or dispute, thetime within which and the manner in which steps for redressal of grievances and resolution of disputes may be taken under sub-section (3) of section 20;15(g) the form, the time within which and the manner in which an appeal may befiled under sub-section (4) of section 20;(h) the time within which and the manner in which an appeal shall be disposed ofunder sub-section (5) of section 20;(i) the term of, and the manner of constituting, the town vending committeeunder sub-section (1) of section 22;20(j) the number of other members of the town vending committee underclause (b) of sub-section (2) of section 22;(k) the allowances to chairperson and members under sub-section (3) ofsection 22;25(l) the time and place for meeting, procedure for transaction of business atmeetings and functions to be discharged by the town vending committee under section 23;(m) the manner and the purpose for which a person may be associated undersub-section (1) of section 24;30(n) the allowances to be paid to an associated person under sub-section (2) ofsection 24;(o) the other employees of town vending committee under section 25; (p) the manner of, and the purposes for, constituting a zonal vending committeeor ward vending committee and the number of zonal vending committees and ward vending committees to be constituted under section 26;35(q) the manner of maintaining up to date record of all street vendors undersub-section (2) of section 27;(r) the returns to be furnished under section 32;(s) the manner of publishing summary of scheme under sub-section (2) ofsection 4040 45 (3) every rule and scheme made under this act shall be laid, as soon as may be after it is made, before the house of parliament/state legislature, as the case may be, 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 scheme or both houses agree that the rule or scheme should not be made, the rule or scheme shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or scheme39 subject to the provisions of this act or any rule or scheme made thereunder, the local authority may make bye-laws to provide for all or any of the following matters, namely:—power to make byelaws5(a) the regulation and manner of vending in restriction-free-vending zones,restricted-vending zones and designated vending zones;(b) determination of monthly maintenance charges for the civic amenities andfacilities in the vending zones under section 17;(c) determination of penalty under sub-section (5) of section 18 and section 30;(d) the regulation of the collection of taxes and fees in the vending zones;10(e) the regulation of traffic in the vending zones; (f) the regulation of the quality of products and services provided to the publicin vending zones and maintenance of public health, hygiene and safety standards;(g) the regulation of civic services in the vending zones; and15(h) the regulation of such other matters in the vending zones as may be necessaryscheme for street vendors 40 (1) for the purposes of this act, the appropriate government shall frame, by notification, a scheme which may specify all or any of the matters provided in the third schedule20 (2) a summary of the scheme notified by the appropriate government under subsection (1) shall be published by the local authority in at least two local news papers in such manner as may be prescribedpower to removedifficulties41 (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:25provided that no order shall be made under this section after expiry of three years from the commencement of this act (2) every order made under this section shall, as soon as may be after it is made, be laid before each house of parliament the first schedule (see section 21) street vending plan(1) the plan shall,—(a) ensure that urban street vending activities do not lead to overcrowding and unsanitary conditions of public spaces, areas and streets and not impede the movement of the general public;(b) ensure that the provision of space or area for street vending is reasonable and consistent with existing natural markets;(c) take into account the civic facilities for appropriate use of identified spaces or areas as vending zones;(d) promote convenient, efficient and cost effective distribution of goods and provision of services;(e) such other matters as may be specified in the scheme to give effect to the street vending plan (2) the plan shall contain all of the following matters, namely:—(a) determination of spatial planning norms for street vending; (b) earmarking of space or area for vending zones; (c) determination of vending zones as restriction-free-vending zones, restrictedvending zones and no-vending zones;(d) making of spatial plans conducive and adequate for the prevalent number of street vendors in that city or town and also for the future growth, by adopting such norms as may be necessary;(e) consequential changes needed in the existing master plan, development plan, zonal plan, layout plan and any other plan for accommodating street vendors in the designated vending zones the second schedule (see section 28) duties of local authority(a) overall supervision and monitoring of the scheme for street vendors;(b) monitoring effective functioning of the town vending committee;(c) deciding appeals in respect of the registration, or issue of certificate of vending,or the cancellation or suspension of certificate of vending, of street vendors in the manner specified in the scheme;(d) providing, in consultation with the town vending committee civic services; (e) determining in consultation with the town vending committee, the manner of collecting, through banks, counters of local authority and counters of town vending committee, fee for registration, use of parking space for mobile stalls and availing of civic services;(f) undertake in consultation with the town vending committee, comprehensive digitalised photo census and survey of the existing number of street vendors with the assistance of such experts and in such manner as may be specified in the scheme, for the purpose of accommodating street vendors within the holding capacity of the vending zones;(g) ensure that no street vending activities is carried out in no-vending zone the third schedule (see section 40)matters to be provided in the scheme for street vendors framed by the appropriate government:—(a) the form and the manner of making application for registration and the one time fees and the documents that may accompany such application;(b) the period within which and the manner in which registration of street vendors may be made;(c) the conditions and restrictions subject to which certificate of vending may be issued to a street vendor;(d) the form and the manner in which the certificate of vending may be issued to a street vendor;(e) the form and manner of issuing identity cards to street vendors; (f) the criteria for issuing certificate of vending to street vendors; (g) the vending fees; (h) the period of validity of certificate of vending; (i) the period for which and the manner in which a certificate of vending may be renewed and the fees for such renewal;(j) the manner in which the certificate of vending may be suspended or cancelled; (k) the form and the manner of filing appeal, the period within which an appeal may be filed;(l) the public purpose for which a street vendor may be relocated and the manner of relocating street vendor;(m) the manner of evicting a street vendor; (n) the manner of giving notice for eviction of a street vendor; (o) the manner of evicting a street vendor physically on failure to evict; (p) the manner of confiscation of goods by the local authority; (q) the manner of reclaiming confiscated goods by the street vendor and the fees for the same;(r) the form and the manner for carrying out social audit of the activities of town vending committee;(s) the principles for determination of vending zones as restriction-free-vending zones, restricted-vending zones and no-vending zones;(t) the conditions under which private places may be designated as restrictionfree-vending zones, restricted-vending zones and no-vending zones;(u) the principles for determining holding capacity of vending zones and the manner of undertaking comprehensive census and survey;(v) the terms and conditions for street vending including norms to be observed for up keeping public health and hygiene;(w) the designation of state nodal officer for co-ordination of all matters relating to street vending at the state level;(x) the manner of maintenance of proper records and other documents by the town vending committee, local authority, planning authority and state nodal officer in respect of street vendors;(y) the manner of carrying out vending activities on time-sharing basis; (z) any other matter which may be included in the scheme for carrying out the purposes of this act statement of objects and reasonsstreet vendors constitute an important segment of the urban population street vendors are those who are unable to get regular jobs in the remunerative formal sector on account of their low level of education and skills they earn their livelihood through their own meagre financial resources and sweat equity2 street vending provides a source of self-employment, and thus acts as a measure of urban poverty alleviation without major government intervention street vending also acts as an instrument to provide affordable as well as convenient services to a majority of urban population and has a prominent place in the urban supply chain and are an integral part of the economic growth process within urban areas3 given the pace of urbanisation and the opportunities presented through the development of urban areas, the growth of street vendors is likely to have an upward trend it is vital that these vendors are enabled to pursue their livelihoods in a congenial and harassment free atmosphere4 considering the significant contribution made by street vendors to the urban society as a whole, more specifically to the comparatively poorer sections, and to enable them to earn a livelihood through creation of good working conditions, without causing obstruction to the public, the government of india brought out revised national policy on urban street vendors, 2009 which aims at securing right of the citizens to have adequate means of livelihood as enshrined in articles 14, 19(1)(g), 38(2), 39(a), 39(b) and 41 of the constitution and fostering a congenial environment for the urban street vendors to carry out their activities, without harassment from any quarter it also aims at providing a mechanism for regulation of street vending activities to avoid congestion on sidewalks and to ensure free flow of traffic on roads by a legislative framework to enable street vendors to pursue a honest living without harassment5 thus, the proposed bill is aimed at protecting the livelihood rights and social security of street vendors and regulation of urban street vending in the country and ensuring uniformity in the legal framework for street vending across states and union territories the proposed street vendors (protection of livelihood and regulation of street vending) bill, 2012, inter alia, seeks to provide for the following, namely:—(a) compulsory registration of every person intending to carry out street vendingactivities;(b) issue of a certificate of vending and identity cards to street vendors; (c) certain rights of street vendors; (d) certain duties of the street vendors; (e) constitution of town vending committee in each local authority with minimumforty per cent representation of street vendors, out of which one-third shall be women vendors and reasonable representation of the scheduled castes, the scheduled tribes, other backward classes, minorities and persons with disabilities;(f) making of a plan for street vending once in every five years;(g) framing of a scheme relating to street vending by the appropriate government;(h) redressal of grievances and resolution of disputes of street vendors; (i) promotional measures for making available credit, insurance and other welfareschemes of social security for the street vendors;(j) street vendors not to be prevented by any person or police or any other authority from exercising their right to vend when carrying on street vending in accordance with the terms and conditions of certificate of vending 6 the bill seeks to achieve the above objectivesnew delhi;the 31st august, 2012kumari selja ———— president's recommendation under article 117 of the constitution of india[copy of letter no e-14015/1/2011-usd/fts-2764, dated 31st august, 2012from kumari selja, minister of housing and urban poverty alleviation to the secretary-general, lok sabha]the president, having been informed of the subject matter of the proposed street vendors (protection of livelihood and regulation of street vending) bill, 2012, recommends the introduction of the bill in the house under article 117(1) and the consideration of the bill under article 117(3) of the constitution notes on clausesclause 1 of the bill seeks to provide the short title, extent and commencement of the proposed legislationclause 2 of the bill seeks to provide the definitions of the various expressions used in the proposed legislationclause 3 of the bill provides that every person who has completed the age of fourteen years or such other age as may be prescribed by rules by the appropriate authority, and intends to do street vending, may make an application to the town vending committee for registration as a street vendor it further provides that every such application shall be made in such form and manner, accompanied by such documents and one time fees, as may be specified in the schemeclause 4 of the bill provides for registration of all street vendors, who make application, by the town vending committee within such period, and in such manner, as may be specified in the schemesub-clause (2) of the said clause 4 provides that the town vending committee shall not summarily reject any application without giving the applicant an opportunity to rectify deficiencies, if any, and affording him an opportunity of hearingsub-clause (3) thereof provides that if, on the completion of the specified period, the applicant does not receive any response about the deficiencies in his application or the rejection of his application, then, he shall be deemed to have been registeredsub-clause (4) thereof provides that if the town vending committee, or any officer authorised by the town vending committee, is satisfied that the application so made is in accordance with the provisions of the act and the rules or schemes made thereunder, he shall issue a certificate of registration to the applicant with a serial number assigned to itclause 5 of the bill provides that no person shall carry on or commence the business of street vending unless he holds a certificate of vending issued under this act however, a person who has been issued a certificate of vending before the commencement of this act(whether as a stationary vendor or a mobile vendor or under any other category) shall be deemed to be a street vendor for that category for the period for which he has been issued such certificate of vendingclause 6 of the bill provides that the town vending committee or any officer authorised by it may, subject to such conditions and restrictions as may be specified in the scheme, issue a certificate of vending to every street vendor who has been registered under clause 4sub-clause (2) of said clause 6 provides that the certificate of vending shall be issued under any of these categories, namely, (a) stationary vendor; (b) mobile vendor; or (c) any other category as may be prescribedsub-clause (3) thereof provides that the certificate of vending shall be in such form, and issued in such manner, as may be specified in the scheme and shall specify the vending zone where the street vendor shall carry on his vending activities, the time limit for carrying on such vending activities and the conditions and restrictions subject to which he shall carry on such vending activitiessub-clause (4) thereof provides that every street vendor who has been issued certificate of vending under sub-section (1) shall be issued identity cards in such form and manner as may be specified in the schemeclause 7 of the bill provides that the criteria to be followed by the town vending committee for issuing certificate of vending to a street vendor shall be as specified in the scheme, which may, apart from other things, provide for preference to the scheduled castes, the scheduled tribes, other backward classes, women, persons with disabilities, minorities or such other categories as may be provided by rulesclause 8 of the bill provides that every street vendor who has been issued certificate of vending shall pay such vending fees as may be specified in the schemeclause 9 of the bill provides that every certificate of vending shall be valid for such period as may be specified in the schemesub-clause (2) of said clause 9 provides that every certificate of vending shall be renewable for such period, in such manner, and on payment of such fees, as may be specified in the schemeclause 10 of the bill provides that if a registered street vendor commits breach of any conditions mentioned in the certificate of vending or of any other terms and conditions specified under the act or any rules or schemes made thereunder, or if the town vending committee is satisfied that such certificate of vending has been secured through misrepresentation or fraud, the town vending committee may cancel the certificate of vending or suspend the same in such manner as may be specified in the scheme and for such period as it thinks fit however, such cancellation or suspension shall be made by the town vending committee only after giving an opportunity of hearing to the street vendorclause 11 of the bill provides that any person who is aggrieved by any decision of the town vending committee with respect to registration or issue of certificate of vending or cancellation or suspension of certificate of vending may prefer an appeal to the local authority in such form, within such period, and in such manner, as may be specified in the schemesub-clause (2) of said clause 11 provides that no appeal shall be disposed of by the local authority unless the appellant has been given an opportunity of hearingclause 12 of the bill provides that every street vendor shall have right to carry on the business of street vending activities in the vending zones allotted to him in accordance with the terms and conditions mentioned in the certificate of vending and the scheme framed by the appropriate government sub-clause (2) of said clause 12 provides that where any area or space has been earmarked as no-vending zone, no street vendor shall carry out any vending activities in that zoneclause 13 of the bill provides that every street vendor who possesses a certificate of vending shall, in case of his relocation, be entitled for new site or area as may be determined by the local authority, for carrying out his vending activitiesclause 14 of the bill provides that where a street vendor occupies space on a time sharing basis, he shall remove his goods and wares every day at the end of the time-sharing period allowed to himclause 15 of the bill provides that every street vendor shall maintain cleanliness and public hygiene in the vending zones and the adjoining areasclause 16 of the bill provides that every street vendor shall maintain civic amenities and public property in the vending zone in good condition and not damage or destroy or cause any damage or destruction to the sameclause 17 of the bill provides that every street vendor shall pay such periodic maintenance charges for the civic amenities and facilities provided in the vending zones as may be determined by the local authorityclause 18 of the bill provides that the local authority shall, having regard to public nuisance or obstruction of movement of general public caused by the street vendors, or for any other public purpose, relocate such street vendors in such manner as may be specified in the schemesub-clause (2) of said clause 18 provides that where the local authority is satisfied that a street vendor has consistently failed to comply with his duties and obligations under the act or the rules and the scheme made thereunder, it may evict such street vendor in such manner as may be specified in the schemesub-clause (3) of said clause 18 provides that no street vendor shall be relocated or evicted by the local authority from the site allotted to him unless he has been given seven days notice for the same in such manner as may be specified in the schemesub-clause (4) of said clause 18 provides that a street vendor shall be relocated or evicted by the local authority physically in such manner as may be specified in the scheme only after he had failed to vacate the site after the expiry of said specified period of noticesub-clause (5) of said clause 18 provides that every street vendor who fails to relocate or vacate the site allotted to him after the expiry of said period of notice shall also be liable to pay, for every day of such default, a penalty which may extend up to rupees five hundred as may be determined by the local authorityclause 19 of the bill provides that the local authority may, in addition to evicting of the street vendor, if deems necessary, confiscate his goods in such manner as may be specified in the schemesub-clause (2) of said clause 19 provides that the street vendor, whose goods have been so confiscated, may reclaim his goods in such manner, and after paying such fees, as may be specified in the schemeclause 20 of the bill provides for redressal of grievances or resolution of disputes of street vendors it provides that the local authority shall, for the purpose of disposing of application received for redressal of grievances or resolution of disputes of street vendors, constitute a permanent committee consisting of a person who has been a sub-judge or a judicial magistrate or an executive magistrate and such other persons having such experience in natural market and street vending activities as may be prescribedsub-clause (2) of said clause 20 provides that every street vendor who has a grievance or dispute may make an application in writing to the committee in such form and manner as may be provided by rulessub-clause (3) thereof provides that on receipt of any grievance or dispute, the committee shall, after verification and enquiry in such manner, as may be provided by rules, take steps for redressal of such grievance or resolution of such dispute, within such time and in such manner as may be provided by rulessub-clause (4) thereof provides that any person who is aggrieved by the decision of the committee may prefer an appeal to the local authority in such form, within such time and in such manner as may be provided by rulessub-clause (5) thereof provides that the local authority shall dispose of the appeal within such time and in such manner as may be provided by rules however, the local authority shall, before disposing of the appeal, give an opportunity of being heard to the aggrieved personclause 21 of the bill provides that every local authority shall, in consultation with the planning authority, once in every five years, make out a plan to promote a supportive environment for the vast mass of urban street vendors to carry out their vocation, which shall provide for matters contained in the first schedulesub-clause (2) of said clause 21 provides that the street vending plans prepared by the local authority shall be submitted to the appropriate government and the appropriate government shall determine the planning norms for street vendors and notify the street vending plan so submittedclause 22 of the bill provides that the appropriate government may, by rules made in this behalf, provide for the term and the manner of constituting a town vending committee in each local authority however, the appropriate government may, if considers necessary, provide for constitution of more than one town vending committee, or a town vending committee for each zone or ward, in each local authoritysub-clause (2) of said clause 22 provides that each town vending committee shall consist of (a) municipal commissioner or chief executive officer, as the case may be, who shall be the chairperson; and (b) such number of other members as may be provided by rules, to be nominated by the appropriate government, representing the local authority, the planning authority, traffic police, local police, association of street vendors, market associations, traders associations, resident welfare associations, banks and such other interests as it deems proper however, the number of members nominated to represent the street vendors shall not be less than forty per cent, out of which one-third shall be from amongst women vendors, and reasonable representation shall also be given to the scheduled castes, the scheduled tribes, other backward classes, minorities and persons with disabilitiessub-clause (3) of said clause 22 provides that the chairperson and the members so nominated shall receive such allowances as may be provided by rules by the appropriate governmentclause 23 of the bill provides that the town vending committee shall meet at such times and places within the jurisdiction of the local authority and shall observe such rules of procedure in regard to the transaction of business at its meetings, and discharge such functions, as may be provided by rulesclause 24 of the bill provides that the town vending committee may associate with itself in such manner and for such purposes, as may be provided by rules, any person whose assistance or advice it may desire, in carrying out any of the provisions of this actsub-clause (2) of said clause 24 provides that a person associated under sub-section(1) shall be paid such allowances as may be provided by rulesclause 25 of the bill provides that the local authority shall provide the town vending committee with appropriate office space and such employees as may be provided by rulesclause 26 of the bill provides that the town vending committee may, in such manner and for such purposes, constitute such number of zonal vending committees and ward vending committees as may be provided by rulesclause 27 of the bill provides that every town vending committee shall publish the street vendor's charter specifying therein the time within which the certificate of registration and the certificate of vending shall be issued to a street vendor and the time within which such certificate of vending shall be renewed and other activities to be performed within the time limit specified thereinsub-clause (2) of said clause 27 provides that every town vending committee shall maintain an up-to-date records of registered street vendors and street vendors to whom certificate of vending has been issued containing name of such street vendor, stall allotted to him, nature of business carried out by him, category of street vending and such other particulars which may be relevant to the street vendors, in such manner as may be provided by rulessub-clause (3) of said clause 27 provides that every town vending committee shall carry out social audit of its activities under the act or the rules or the schemes made thereunder in such form and manner as may be specified in the schemeclause 28 of the bill provides that notwithstanding anything contained in any other law for the time being in force, the local authority shall carry out such duties under the provisions of this act as are provided in the second scheduleclause 29 of the bill provides that no street vendor who carries on the street vending activities in accordance with the terms and conditions of his certificate of vending shall be prevented from exercising such rights by any person or police or any other authority exercising powers under any other law for the time being in forceclause 30 of the bill provides penalty for contraventions it provides that if any street vendor indulges in vending activities without a certificate of vending or vends beyond the designated vending zones or specified timings or contravenes the terms of certificate of vending or contravenes any other terms and conditions specified for the purpose of regulating street vending under this act or any rules or schemes made thereunder, he shall be liable to a penalty for each such offence which may extend up to rupees two thousand as may be determined by the local authorityclause 31 of the bill provides that nothing contained in this act shall be construed as conferring upon a street vendor any temporary, permanent or perpetual right of carrying out vending activities in the vending zones allotted to him or in respect of any place on which he carries on such vending activitysub-clause (2) of said clause 31 provides that nothing contained in sub-clause (1)shall apply to any stationery vendor, if a temporary leasehold or ownership right has been conferred on him by a lease deed or otherwise, in respect of a place at specific location where he carries on such vending activity in accordance with the provisions under any law for the time being in force for carrying out such vending activityclause 32 of the bill provides that every town vending committee shall furnish, from time to time, to the appropriate government and the local authority such returns as may be provided by rulesclause 33 of the bill provides that the appropriate government may, in consultation with the town vending committee, local authority, planning authority and street vendors associations or unions, undertake promotional measures of making available credit, insurance and other welfare schemes of social security for the street vendorsclause 34 of the bill provides that the appropriate government may, to the extent of availability of financial and other resources, develop and organise capacity building programmes for street vendors and on how to exercise the rights contemplated under this act and undertake research, education and training programmes to advance knowledge and understanding of the role of the informal sector in the economy, in general and the street vendors, in particular and to raise awareness among the public through town vending committeeclause 35 of the bill provides that the provisions of this act shall have effect notwithstanding anything inconsistent therein contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this act however, where a state has enacted a law for protecting the livelihood of street vendors and regulation of street vending, and such state law is not inconsistent with this act, then, the state government may apply all or any of the provisions of this act in the stateclause 36 of the bill provides that the appropriate government may, by general or special order in writing, delegate such of its powers and functions under this act (excluding the power to frame scheme under section 40 and power to make rules under section 38), as it may deem necessary, to the local authority or the town vending committee or any other officer, subject to such conditions, if any, as may be specified in that orderclause 37 of the bill provides that on the recommendations made by the appropriate government or otherwise, if the central government is satisfied that it is necessary or expedient so to do, it may, by notification, amend the schedules and thereupon the first schedule or the second schedule or the third schedule, as the case may be, shall be deemed to have been amended accordinglysub-clause (2) of said clause 37 provides that a copy of every notification issued under sub-section (1), shall be laid before each house of parliament as soon as may be after it is issuedclause 38 of the bill seeks to empower the appropriate government to make rules for carrying out the provisions of the proposed legislationsub-clause (3) thereof, provides that every rule, and scheme made under this act shall be laid, as soon as may be after it is made, before the house of parliament or state legislature, as the case may beclause 39 of the bill seeks to empower the local authority to make bye-laws for carrying out the provisions of the proposed legislation clause 40 of the bill provides that for the purposes of the act, the appropriate government shall frame, by notification, a scheme which may specify all or any of the matters provided in the third schedule, which shall be published by the local authority in at least two local news papers in such manner as may be prescribed by rulesclause 41 of the bill seeks to provide for power to remove difficulties financial memorandumsub-clause (1) of clause 20 of the bill provides for the constitution of a permanent committee for redressal of grievances or resolution of disputes of street vendors by the local authority2 sub-clause (1) of clause 21 of the bill provides for making out a plan for street vending, once in every five years, by the local authority in consultation with the planning authority3 sub-clause (1) of clause 22 of the bill provides for the constitution of town vending committee in each local authority or where necessary more than one or two town vending committee in each local authority or zone or ward sub-clause (3) of the said clause provides for payment of allowances to the members of town vending committee4 clause 25 of the bill provides for office space and other employees to be provided to the town vending committee by the local authority5 clause 26 of the bill provides for constitution of zonal vending committees or ward vending committee by the town vending committee6 clause 28 of the bill provides for comprehensive digitalized photo census and survey of the existing number of street vendors to be carried out by the local authority, in consultation with the town vending committee7 clause 33 of the bill provides for promotional measures to be undertaken by the appropriate government, in consultation with the town vending committee, local authority, planning authority and street vendor association or unions for making available credit, insurance and other welfare schemes of social security to street vendors8 clause 34 of the bill provides for developing and organising capacity building programmes for street vendors and to undertake research, training and awareness programmes for street vendors by the appropriate government through the town vending committee9 clause 40 of the bill provides for framing of a scheme in respect of matters specified in the third schedule by appropriate government10 the total financial implication in terms of recurring and non-recurring expenditure involved in carrying out the various functions under the bill would be borne respectively by the local authority, the state governments and the central government however, it is not possible to estimate the exact recurring and non-recurring expenditure from the consolidated fund of india at this stage memorandum regarding delegated legislationclause 38 of the bill seeks to empower the appropriate government to make rules to provide for (a) the age for street vending; (b) any other categories of street vendors under sub-section (2) of section 6; (c) other categories of persons under section 7; (d) the persons and the experience such person shall have under sub-section (1) of section 20; (e) the form and the manner of making application under sub-section (2) of section 20; (f) the manner of verification and enquiry on receipt of grievance or dispute, the time within which and the manner in which steps for redressal of grievances and resolution of disputes may be taken under sub-section (3) of section 20; (g) the form, the time within which and the manner in which an appeal may be filed under sub-section (4) of section 20; (h) the time within which and the manner in which an appeal shall be disposed of under sub-section (5) of section 20;(i) the term of, and the manner of constituting, the town vending committee under subsection (1) of section 22; (j) the number of other members of the town vending committee under clause (b) of sub-section (2) of section 22; (k) the allowances to chairperson and members under sub-section (3) of section 22; (l) the time and place for meeting, procedure for transaction of business at meetings and functions to be discharged by the town vending committee under section 23; (m) the manner and the purpose for which a person may be associated under sub-section (1) of section 24; (n) the allowances to be paid to an associated person under sub-section (2) of section 24; (o) the other employees of town vending committee under section 25; (p) the manner of, and the purposes for, constituting a zonal vending committee or ward vending committee and the number of zonal vending committees and ward vending committees to be constituted under section 26; (q) the manner of maintaining up-to-date record of all street vendors under sub-section (2) of section 27; (r) the returns to be furnished under section 32; and (s) the manner of publishing summary of scheme under sub-section (2) of section 402 clause 39 of the bill empowers the local authority to make bye-laws to provide for(a) the regulation and manner of vending in restriction-free-vending zones, restricted-vending zones and designated vending zones; (b) determination of monthly maintenance charges for the civic amenities and facilities in the vending zones under section 17; (c) determination of penalty under sub-section (5) of section 18 and section 30; (c) the regulation of the collection of taxes and fees in the vending zones; (d) regulation of traffic in the vending zones; (e) the regulation of the quality of products and services provided to the public in vending zones and maintenance of public health, hygiene and safety standards; (f) the regulation of civic services in the vending zones; and (g) the regulation of such other matters in the vending zones as may be necessary 3 clause 40 of the bill empowers the appropriate government to frame, by notification, a scheme which may specify all or any of the matters provided in the third schedule 4 the matters in respect of which said rules, bye-laws and scheme 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 protect the rights of urban street vendors and to regulate street vending activities and for matters connected therewith or incidental thereto————(kumari selja, minister of housing and urban poverty alleviation)mgipmrnd—2756ls(s3)—04092012 | Parliament_bills | 68c94856-64ea-52ab-8916-226af8bb9078 |
the countess of dufferin's fund bill, i9s7(as introduced in lok sabha) tim countess of dufferin's fund bill, 1957 (as introduced in lok sabha) a billto provide fot the transfer of the fund known as the countess of dufferin's fund to the central government be it emcted by parliament in the eighth year of the republic of india as follows:-1 this act may be called the countess of dufferin's fund act, short tille 1957 definitions z in this act, unless the context otherwise requires,-5 (a) "association" means the' national association for supplying medical aid by women to the women of india, being a society registered under the societies registration act, 1860; 21 of ib60 10 (b) "fund" means all property, movable or immovable, of or belonging to the association; 3 on the commencement of thjs act-(a) the association shall stand dissolved; dlaaolutioll of aasoc:fa tiod and transfer of fund (b) the fund shall vest in the central government; and 15 (c) all the debts and liabilities of the association shall be transferred to the central government and sball thereafter be discharged and satisfied by it out of the fund validation ot certain act done before the commencement of this act 4 notwithstanding anything contained in any law for the time being in force, all acts and things done, before the commencement of this act, by any person acting or purporting to act inpurs1jeulce of the resolutions passed at the extraordinary general meeting of the association held on the 19th day of april, 1948, shall be valid and s shall be deemed always to have been valid and no suit or other proceeding shall be instituted, maintained or continued against any person whatever on the ground that any such act or thing was not done in accordance with law statement of objects and reasonsthe national association for supplying medical aid by women to the women of india was established in 1885 with the object of imparting medical education to women, rendering medical relief, and supplying nurses and midwives for hospitals and private work in 1888, the association was registered as a society under the societies rep tration act, 1860 (21 of 1860) the fund which was raised by public subscriptions both in india and the united kingdom, was known as "the countess of dufferin's fund" and was managed by the ass0-ciation mter partition it became necessary to wind up the associa- tion the association passed a resolution to this effect on the 19th april, 1948 this bill seeks to provide for the transfer of the assets and liabilities of the association to the central government it also seeks to provide for the validation of all action taken since the 19th april, 1948 new delw; d p karmarkar tn 28th nd'uft'tber" 1957 a bill to provide for the transfer of the fund known as the countess of dufferin's fund to the central government (shrl d p karmarkar, minister of health) | Parliament_bills | 06a43a5c-4b9c-595a-b8c5-f6d363ebb082 |
bill no 19 of i"s the kerala appropriation (vote on account" bill, 1965 a bnlto prooide for the withdrawal of certain bu1'j1b from and out of the consolidated -fund of the state df kerala for the 8eroices of 4 - pojrt of the financial year 1965-66 1 -ji4 be it enacted by parliament in the sixteenth year of the repubuc of india as follows:-1 this act may be called the kerala appropriation (vote on short account) act, 1965 'title , 2 from and out of the consolidated fwld of the state of kerala withdrawal there may be withdrawn sums not exceeding those specified in of ri ~;'olumn 3 of the schedule amounting in the ag~egate t~ the sum of ::!'::o lorty-six crores, thirty-nine lakhs and ninety-six thousard rupees towards defraying the several chnrges whic'h will come in course of payment during the financial year 1965-66 out of the coftioudated rund of the stateot icaralafor the ftnane1al year 198&-88 appropriation 3 the sums authoised to be withdrawn from and out of the consolidated fund of the state by this act shall be apprupriated for s the services and purposes expressed in the schedule in relation to the said year the schedule(sec sections 2 and 3) 1 s no 0 vote f services and purposes sums not exceedina voted by parliament charged on the gomoli-total dared fund rs rs rs 10 a-rbvbnui! accounts i agricultural income-tax and sales tax 7,44,000 3,000 7"7,000 ii land revenue 22,:&0,000 · 22,20,000 iii 4,84,000 3,000 4,86,000 excise iv tues on vehicles 1,65,000 · 1,6s,ooo 15 v stamps 2,24,000 · 2,24,000 vi re&iltration fees 6,57,000 · 6,57,000 debt clujrgts 1;20,1 s,ooo 1,20,is,ooo state legislature vii 1,s3000 4,000 157000 elections viii 1,56,000 · 1,5cs,000 20 ix 13,03,000 3,10,000 15,15,000 heads of states, ministers and headquarten staff x 16,65,000 6,000 16,71,qoo district administration and miscellaneous 1749,000 1,14,000 19,63,000 administration of justice xi ::15 xii j:lils 9,16,000 : · 9,16,000 81,44,000 1,000 8145,000 police xiii state insurance and miscellaneous ),45,000 · 34$,000 xiv 1,69,000 1,69,000 scientific departments xv university education 33,54,000 · 33,54,000 4,13,85,000 36,000 4,14,21,000 general education xvi 30 xvii 21,:&0,000 · 21,20,000 technical education xviii 98,00,000 1,tioo i,a,ol,ooo medical - xix 3 - ~ " | sums | not ||---------------------------------|-------------|| services | || and | || purpoaea | || no | || of | || vote | || voted | || by | || charicd | || on | || parliament | || the | consoli- || total | || datedpund | || 5 | || rs | || rs | || rs | || xx | || 39,74,000 | || · | || 39,74,000 | || public health | || · | || · | || · | || public health engineering | || xxi | || 17,54,000 | || · | || | || 17,54,000 | || xxii | || 46,37,000 | || · | || | || 46,37,000 | || 10 | || xxiii | || 24,12,000 | || · | || 24,12,000 | || agriculture | || · | || fisheries | || | || · | || rural | development || xxiv | || 9,20,000 | || · | || | || 9,20,000 | || animal | || husbandry | || xxv | || 18,91,000 | || 1,000 | || 18,92,000 | || xxvi | || 12,53,000 | || · | || | || 1:1,53,000 | || xxvii | || 16ao,ooo | || · | || 16ao,000 | || xxvi | || ii | || co-operation | || · | || · | || induatriea | || | || · · | || · | || community | development || projectl | || national extension service, and | || local development | || worb | || 49,10,000 | || · | || | || 49,10,000 | || xxix | || 14,72,000 | || · | || | || 14,72,000 | || labour | || an4 | || employment | || · | || · | || | || 29,06,000 | || 10,000 | || 2916,000 | || hari;an welfare | || statistics | || and | || miscellaneoua | || i | || xxx | || xxx | || 8,42,000 | || · | || | || 8142,000 | || 49,66,000 | || 1;000 | || 49,67,000 | || irrigation | || | || xii | || xx | || 1,56,53,000 | || ~o,ooo | || 1,,56,73,000 | || public works | || xxiii | || x | || porta | || 1,25,000 | || · | || | || 1,25,000 | || v | || xxxi | || 98,34,000 | || 1,000 | || 98,35,000 | || 25 | || transport | || schemes | || xxxv | || 3,37,000 | || · | || | || 3,37,000 | || famine | || vi | || xxx | || 49,73,000 | || 51,000 | || 50,24,000 | || vii | || xxx | || 13,43,000 | || ,h-i | || 13,43,000 | || pensions | || · | || stationery and printing | || | || iii | || xxxv | || 23,5 | || 1,000 | || 1,000 | || 23,52,000 | || forest | || x | || xxxi | || 9,83,000 | || 8,04,000 | || 17,87,000 | || 30 | || miace1lancous | || xl | || xl | || i | || 2,74,000 | || 11,000 | || 2,9 | || 1 | || ,000 | || xl | || ii' | || - 8,000 | || i | || 8,000 | || sudli | not | exceeding ||--------------------------------|--------------|--------------|| services | and | purposes || no | | || of | | || vote | | || s | | || voted | | || by | | || parliament | | || charaed | | || on | | || the consoli- | | || total | | || dated | | || fund | | || ri | | || ri | | || ri | | || b--cm>ital | expbndittlrb | || outside | | || the | | || revenue | | || account | | || xliii | | || capital outlay | on | public || health | | || 18,65,000 | | || · | | || 18,65,000 | | || 10 | | || xliv | | || capital outlay | on | || agricultural | | || im- | | || provement | | || 1,17,000 | | || 3,000 | | || 1,19,000 | | || xlv | | || ca~ | | || outlay | on | industrial || nomic development | | || 57,ii,ooo | | || j,ooo | | || 57,14,000 | | || xlvi | | || capital outlay on irrigation | | || i | | || ss,4s,000 | | || | | || ss4s,ooo | | || is | xlvii | || capital outlay on public works | | || 96,16,000 | | || 19,000 | | || 96,35,000 | | || xlviii | | || capital outlay | | || on | other | works || 6,65,000 | | || · | | || | | || 6,65,000 | | || xlix | | || capital outlay | | || on | ports | || 13,3s,ooo | | || · | | || 13,35,000 | | || l | | || capital outlay | on | transport || 75,000 | | || 3,000 | | || 78,000 | | || capital outlay | on | forests || li | | || 6,93,000 | | || · | | || 6,93,000 | | || commuted | value | of || 20lii | | || 42,000 | | || · | | || 42,000 | | || lui | | || 1],85,35,000 | | || 1,000 | | || 13,85,36,000 | | || capital outlay | on | schemes || go- | | || vernment | trading | || | | || 1641,99,000 | | || ~8,000 | | || 16,42,27,000 | | || total-b | | || c-disbuilsbmbnt | op | || loans | | || and | | || | advances | and || op | debt | || 2s | | || lv | | || loan, | | || and | advancea | by || govern- | | || nt | | || | | || public d,bt repaymmt | | || i | | || 2,98,s8,ooo | | || 2,98,s8,000 | | || | | || | | || 11,ij,o~,ooo | | || ,13,0:,000 | | || 2,98,58,000 | | || 11,13,03,000 | | || 14,11,60,000 | | || total-c | | || 33,9 | | || 2 | | || ,68,000 | | || 13,47,38,000 | | || 46,39,96,000 | | || grand total | | || | | || __ | - | ___ || - | | || 4 | | | statement of objects and reasonsthis bill is introduced in pursuance of article"s 204(1) and 206 01 the constitution, read with the proclamation issued by the president on the 10th september, 1964, in exercise of the powers conferred on him by article 356 thereof, to provide for the appropriation out of the consolidated fund on the state of kerala of the moneys required to meet the expenditure charged on the consolidated fund of the state and the grants made in advance by the lok sabha in respect of the estimated expenditure of the government of kerala for a part of the financial year 1965-66 t t krishnamachari president's recommendations under article 207· of the constitution of india[copy of letter no f3(l9)-b/65, dated the 6th march, 1965 from shri t t krishnamachari, mill:ister of finance to the secretary, lok sabha] the president having been informed of the subject matter of the proposed bill to provide for the withdrawal of certain sums from and out of the consolidated fund of the state of kerala for the services of a part of the financial year 1965-66, recommends under article 207 (1) and (3) of the constitution of india read with article 206 thereof and the proclamation issued 'by him on the 10th september 1964 in exercise of the powers conferred on him by article 356 , , of the constitution, the introduction of the kerala -i appropriation (vote on account) bill, 1965, in the lok sabha and also the consideration of the bill 2 the bill will be introduced in the lok sabha immediately aft~r the demands for grants, 'on account' for the expenditure of the government" of the state of kerala for the year 1965-66 have been voted a billto provide for the withdrawal of certain s~ from and out of the consolidated fund of the state of kerala for the services of a part of the financial year 1965-66 (shri t t krishnamachari, iwinister of finance) | Parliament_bills | 0bdf372c-cc1f-5620-8401-d0793dc504de |
statement of objects and reasonsfor the last fity years, india has doubled its population and by the turn of the century india shall have three out of ten most populous cities in the world, and half the population of these cities would be living in slums under squalid conditions it is expected that within another 10—20 years, india will be the most populous country in the world without massive public contributions for air pollution control and perspective planning, living conditions in all urban areas will progressively deteriorate the breakdown of the civic amenities due to over crowding, law and order situation, unemployment and widening of the gap between the haves and haves-not has progressively created an explosive situation the need for housing is far beyond the available finances and educational facilities are hopelessly inadequate to meet the existing demands there is no balance between population growth and the infrastructure and available opportunities with the existing resources and it will not be possible to meet the demands of growing population, the country has achieved the production targets but due to over population it is becoming insufficient and the progress of the country is hampered therefore, the time has come when strong measures have become essential and if such measures are not taken at the earliest, it-will create a havoc therefore, the bill seeks to provide for a new population policy hence this bill new dewy; uttamrao dhikale july 24, 2000 financial memorandumclauses 3 to 5 of the bill provides that certain benefits are to be given to thsoe who have no child or who have one child or who have two children clause 7 provides for introduction of compulsory subject relating to population control in all educational institutions, clause 17 provides for establishing national population control fund to which the central government shall also contribute, the central government shall have to incur some expenditure for implementing the provisions of this bill in respect of union territories the state governments will incur expenditure in respect of their state out of their respective consolidated funds, the bill, therefore, will involve an annual recurring expenditure of about rupees one thousand crore out of the consolidated fund of india a non-recurring expenditure of about rupees one hundred crore is also likely to be involved memorandum regarding delegated legislationowers the central government to make rules for carrying clause 22 of the bill emp! out the provisions of the bill the delegation of legislative as the rules to be made will relate to matters of details only, power is of a normal character, | Parliament_bills | 3d42c830-672c-56d2-815d-132dc9f2d130 |
bill no 149 of 2017 the code of criminal procedure (amendment) bill, 2017 bydr sanjay jaiswal, mp a billfurther to amend the code of criminal procedure, 1973be it enacted by parliament in the sixty-eighth year of the republic of india as follows:—1 (1) this act may be called the code of criminal procedure (amendment) act, 2017short title and commencement(2) it shall come into force on such date as the central government may, by notification in the official gazette, appointamendment of section 412 of 197452 in section 41 of the code of criminal procedure, 1973, after sub-section (2), the following sub-section shall be inserted, namely:—"(3) notwithstanding anything in clause (b) of sub-section (1), no person, against whom credible information regarding commission of an offence punishable under45 of 1860section 498a of the indian penal code, 1860 has been received, shall be arrested unless it can be adduced from the credible information that an aggravated form of cruelty as defined under clause (a) of explanation to section 498a of that code has been committed by that person:5provided that the police officer shall, prior to arrest of a person, take reasonable steps for reconciliation between the parties and await the outcome of the steps taken for a period of thirty days" statement of objects and reasonssection 41 of the code of criminal procedure, 1973 (cr pc) provides for conditions and restrictions for arresting a person without an order from the magistrate and without a warrant however, in case of offences punishable under section 498a of the indian penal code, 1860 (ipc) dealing with 'cruelty by husband or relatives of husband', it is not easy to satisfy the provisions of section 41 of cr pc therefore, section 41 of cr pc is invoked time and again erroneously to arrest a person guilty of an offence punishable under section 498a of the ipc as no hard and fast rule can be laid down for exercise of power under section 41 of cr pc, it is suggestive that a balanced and sensitive approach should be taken by the police officer prior to arrest of a person the idea is not to dilute the importance of protection of the life and liberty of women but to ensure a fair chance to the other party as well the law commission of india in its 243rd report has already made recommendations which can go a long way in preventing the alleged misuse of section 498a of the indian penal code, 1860the bill, therefore, seeks to amend section 41 of code of criminal procedure, 1973(cr pc) with a view to put restriction on the arrest of a person guilty of committing an offence of cruelty to a woman under section 498a of indian penal code, 1860 unless the credible information received by the police officer proves the samehence this billnew delhi;sanjay jaiswaljuly 5, 2017 annexure extracts from the code of criminal procedure, 1973 (2 of 1974) 41 (1) any police officer may without an order from a magistrate and without a warrant, arrest any person—when police may arrest without warrant(a) who commits, in the presence of a police officer, a cognizable offence; (b) against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists that he has committed a cognizable offence punishable with imprisonment for a term which may be less than seven years or which may extend to seven years whether with or without fine, if the following conditions are satisfied, namely:—(i) the police officer has reason to believe on the basis of such complaint, information, or suspicion that such person has committed the said offence;(ii) the police officer is satisfied that such arrest is necessary—(a) to prevent such person from committing any further offence; or (b) for proper investigation of the offence; or (c) to prevent such person from causing the evidence of the offence to disappear or tampering with such evidence in any manner; or(d) to prevent such person from making any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to the police officer; or(e) as unless such person is arrested, his presence in the court whenever required cannot be ensured, and the police officer shall record while making such arrest, his reasons in writing:provided that a police officer shall, in all cases where the arrest of a person is not required under the provisions of this sub-section, record the reasons in writing for not making the arrest 2 subject to the provisions of section 42, no person concerned in a non-cognizable offence or against whom a complaint has been made or credible information has been received or reasonable suspicion exists of his having so concerned, shall be arrested except under a warrant or order of a magistrate extracts from the indian penal code, 1860 (45 of 1860)498a whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fineexplanation—for the purpose of this section, "cruelty" means—husband or relative of husband of a woman subjecting her to cruelty(a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or(b) harassment of the women where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand lok sabha———— a billfurther to amend the code of criminal procedure, 1973————(dr sanjay jaiswal, mp)gmgipmrnd—994ls(s3)—24-07-2017 | Parliament_bills | 2a018ff8-e445-5cf1-8ff9-70e67f04c440 |
to the criminal and eieat ion llws amsndmenr bill, 1968(to_b!ll8_int~~u9es! i,n_iqk_s,ibba) 1 page 2, l~e 26,-~fter "containing" " " , 2 page 3, line 4,-for " in" re~ "in" 3 page 6, line 25,-4 page 7, line 3 from bottom,-!g,£ "(amendment)" read "amendment" 5 page 9,'line 26,-~ "with" 6 page 9, line 27,-52m!1 "w i th" 7 page 12, line 5,-m "however" read "whoever" 21 aug 1968 ir "75 ot ina the criminal j\)ld election :la:ws amendment bill, 1968 a jml f1t+the, to' amenclthe htclian pencil code the code of c,·tminal pro fjidlwe 18mtl1td tjte reyyreb'entatttm of the people act 1851 cmci t6' ~ 4§tti1l:bt prinftng and pulllicafion of cemi,ift of)j:- ffeindile if'itmfm-s 13'&' it -enacted by parliament in the nineteenth year of the repu;blic of india as follows:- 1 this act may be called the criminal and e1eetion laws amend- short title in~l1t act, r968 j 1ft the bldian penal code ~heremafter referred to as the penal sumdcl'tion cdlcie) tier semon lssa, the f6u~ tedton iht11 i5ie bttitutecl, o! ~'-- lloi'i lor name)y: - t 'l' mcuoo - ' , isla "l53a (1) whoever- pl'odlottdj (a) by words, either spoken or written, or by mills or ~lly it- by vtsibte representations or otherwise, ppomotes, or attempts to promote, on grounds of religion, race, place ot birth, residence, language, caste or community or any other ground wha l:;cjc ,et, disharmony or feelings of enmity, hatred or ill-will betwt en different religious, radal, language or regional groups or castes or communities, or 5 ditferent groups on grounds of religion, race, language, place of birth, residence, etc, and doing acts prejudicial to maintenance of harmony (b) commits any act :which is prejudicial 'to the maintenance of harmony between different religious, racial, language or regional groups, or castes, or communities, and which disturbs or is likely to disturb the public tranquillity, shall be punished with imprisonment which may extend toco three years, or with fine, or with both offence committed in place of worship, etc amendment of section (2) whoever commits an offence specified in sub-section (1) in any place of worship or in any assembly engaged in the performance of religious worship or religious ceremonies, shall be punished with imprisonment which shall not be less than two years but which may extend to five years and shall also be is liable to fine" 3 section 505 of the penal code shall be re-numbered as sub-section (1) of that section, andso~ (i) in sub-section (1) as so re-numbered, in the exception, ),0 for the words "of this section", the words "of this 8ub-section" shall be substituted; " (to after sub-section (1) as so re-numbered, the following sub-sections shall be inserted, namely: - statements creating or promoting enmity, hatred or ill-will between dasses "(2) whoever makes, publishes or circulates any state- j5 ment or report containing, rumour or alarming news with intent to create or promq~, or which is likely to create or promote, on grounds of religion, race, place of birth, residence"language, caste or commwlity or any other il'owld " whatsoever, feelings of enmity hatred or ill will between ", ; different religious, racial, language or regional groups, or,;o castes or communities, shall be pwlished with imprison · ment which may extend to three years, or with fln'e, or with both (3) whoever commits an offence specified in sub-section (2) in any place of worship or in any assembly' engaged 3s · ~ the performance of religious worship or religious cere-offence under subsection (3) committed tn plaee of worship etc ·moni~, shall be pwlished with imprisonment which shall · not be less than two" years but which may extend to five years and shall also be liable to fine" 4 in the code of criminal procedure, 1898,-amendment of act, or c' 1898• · (a) in section 196, for the words lithe state government a) 8omeoft\cer empowered 'by the state government in this " behalf", the' words "the state government or district magif trate or such other offtcer as may be empowered by the state government in this behalf" shall be substituted; , , (b) in schedule 11,-5 (i) for the entries in columns 1 to 8 relating'to, section 153a, the following entries shall be substituted" n~~ly:-2 3 4 s 6 7 8 10 is3a(i) promoting enmity between classes - , may arrest without warrant warrant not bailable' ditto imprison- prelidrl'lcy ment of magistrate either' or descrtp-magistrate tionfoa" of the 15 three first years-, " c1ass'l or fine, or both ditto ditto ditto is3a(z) 20 promoting enmity between classe!! in "lace of worship, etc ditto imprison-ditto"; 'medt of ' ,either,'· ,', descrip-" tion t"6ti' " - , ~~nle:lo' : yean but ! · ·1· myex~ " r , ,~:ed~ri' )' r ~ andtinllj: (i:; , '' , : \' ,(ii) for the entry in column 3 relating to section -in, the entry "shall not arrest without warrant" shall be subs-, tituted; \ ,; r i " -(iii) for the entries in columns 1 to 8 relating to section, 50s the following entries shall be substituted, namely:- | ----r------ | --- | ------- | ---, ||-----------------------|-------------------------|------------|----------|| ---~-'-----' | | | || - | ------- | -- | || ~ | | | || 2 | | | || 3 | | | || 5 | | | || 6 | | | || 7 | | | || 8 | | | || -,_,_, ,_ | __ | | || ~' | | | || - | | | || -~--------------- | | | || ---------- | | -- | , || | ditto | | || not | | | || bailable | | | || not | impriaol,l-prosidoql:y, | | || com- | ment | | || of | | | || m8gj8trat~ | | | || ~, | | | || | | | || ' | | | || 3s | | | || 5<?s(i) | | | || false | ditto | | || statement,' | | | || rumoul',' | | | || " | etc, | | || with | | | || intent | | | || to | | | || caus~ | | | || mutiny | | | || or | | | || offence | | | || ~ | | | || ; | | | || pound- | | | || eitberor | | | || ,able | | | || deacrip- | | | || ~~e | | | || tion for | of | | || the | | | || first | | | || tbree | | | || ·1 | | | || ',dais | | | || years,"or' | | | || fine, | | | || or | ' | | || both | | | || | | | || '), | | | || | | | || , | | | || ~ | | | || against | | | || the~ | | | || public | | | || peace | | | |palh may ditto ,tatantat, arrest ditto ditto imprison-ditto ment of either nunour, without etc, with warrant intedt to description for three yean or fine, or both create~-mit, hatied or ill-wid between dilrerent cj ea fal ditto ditto statement, imprison-ditto"; ment of is ditto ditto 20 either description for not less than two yean but i11q' fextend to five years, and fine nunour, etc, mad in placa of wonhi~ ~tc • with integt to create enmity, hatred or in-will (tv) for the entries in columns 3 and 7 relating to section 50s as applicable to "criminal intimidation" (first paragraph), th~ entries "shall not arrest without warrant" and "imprillonment of either description for 2 years, or fine, or both" shall, respectively, be substituted 30 amtadnaent of iec:tklft t i in section 8 of the representation of the people act, 1951, in 3 of j9s i - bub-section (1), for the words, figures and letters "section 171e or action 171, of the indian penal code", the words, figures and letters llsection 153a or section 171e or section 171f or sub-section (2) or iub-lection (3) of section &05 of the indian penal code" sha1l3,s be substituted power to t (n the central government or a state government or any =:::pre-! authority so authorised by the central government in this behalf, if publiclitiona satisfied that such action is nece"jsary for the purpose of preventing or combrting any activity prejudicial to the maintenance of com- 40 munal harmony and affecting or likely to affect public order, may, by order in writing addressed to the printer, publisher or editor, pre1llbtt th' prmting or publication of any document or any class of goowml'lu of _, matier relating to a particular subjeet or class of ~ for a specified period or in a particular issue or issues of a 45 l'1ewlptlper er periodical: provided that no such order shall remain in force lor more tho twe •• fttrs from the making thereof: provided further that the person against whom the order haa been made may, within ten days of the communication of die order, make a representation,-(i) to the central government, where luch order is made 5 by the central government or any authority authorised by it; and (ii) to the state government, where such order is made by the state government, ::jnd the central government or the state government, as the case 10 may be, may, after consultation with a committee, to be known as press consultative committee, dispose of the matter, modifying, confirming or rescinding the order (2) in the event of disobedience of an order made under subsection (1) the central government or the state government or is the authority issuing the order, as the case may be, may, without prejudice to any other penalty to which the person guilty of the disobedience is liable under this act or under any other law for the time being in force, order the seizure of copies of the publication made in violation of an order made under sub-section (1), and of 20 any printing press or other instrument or apparatus used in the publication 7 whoever contravenes, disobeys or neglects to comply with any penalty order made under section 6 of this act, shall, on conviction, be punished with imprisonment of either description which may extend 25 to one year, or with fine up to one thousand rupees, or with both 8 (1) a press consultative committee referred to in the se('ond compo~ition proviso to sub-section (1) ot section 6, shall consist of such number cro~~~lf:ti~e of persons, being editors, publishers anel joumallsts, as may be committee 'bed bid d tho _ and rules in presen y ru es rna e un er is ~nlon respect ther~f 30 (2) the central govemment may make rules for the constitution of press consultative committees, the term of oftlce of the members of such committees, the allowances, it any, to be paid to such memben for attencljng the meetings of the committee and the manner of ftjung casual vacancies among them and inr all matters 35 eonnected therewith or incideatal thereto (3) in particular, and without prejudice to the generality of the foregoing power under sub-section (2), such rules may provide for au-or any of the following matters, namely:-(a) the number of persons who may be appointed as members of a press consultative committee and the class or category of 5 persons from whom iuch members are to be appointed;' (b) the authority or authorities which may make such appointments; (c) the procedure to be followed by the central government or the state government, as the case may be, in consulting the 10 press consultative committee; (d) the procedure to be followed by the press consultative, committee; (e) any other matter for which rules have to be made for enabling the press consultative committee to function is (4) every rule made under this section shall be laid, as soon as may be after it is made, before each house of parliament while it is in session for a total period of thirty days, which may be comprised in one session or in two successive sessions, and if before the expiry of the session in which it is so laid or the session immediately following, 20 both houses agree in makiag any modification in the rule or both houses agree that the rule should not be made, the rule shall thez:eafter 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 or anything previously done 25 under that rule statement of objects and reasonspursuant to the acceptance by the government of the recommendations of the national integration council to prevent and remove communal and regional tensions, it is proposed to amend sections 153a and 505 ipc and schedule ii of the code of criminal procedure with a view to amplifying the scope of these sections, providing enhanced punishment for offences under these sections committed in a place of worship, and making offences under sections 153a ipc and 505 ipc (only offences relating to enmity or hatred between communities, etc) cognizable 2 a provision is also being made whereby offences under section 153a and provision made in the bill under section 505 !pc would constitute a disqualification under section 8 of the representation of the people act, 1951 3 the national integration council had also recommended that powers should be taken to prevent the publication of alarming, incorrect or provocative news or views likely to promote communal ill-will or hatred or to disturb communal harmony, and had suggested that this may be done on the lines of provisions of section 2 of the punjab special powers (press) act, 1956 a provision has accordingly been made in this bill to prohibit the printing or publication of any matter fora specified period not exceeding two months if the central government or the state government is satisfied that such action is necessary in the interest of maintenance of communal harmony new delw; y b chavan the 30th july 1968 president's recommendation under article 117 of the constitution of india[copy of letter no 221 15 i 68-polll (a) , dated the 21st august 1968, from shri y b chavan, minister of home affairs to the secretary, lok sabha] the president, having been informed of the subject matter of the riminal and election laws (amendment) bill, 1968, recommends )nsideration of the bill in the lok sabha under article 117 (3) of r'le constitution of india clause 2··-promotine enmity between different groups on grounds of religion, race, language, etc, is made an offence un'der section 15la of the indian penal code it is proposed to include therein promoting enmity between different groups on grounds, such as, place of birth, or residence as well it is also proposed to widen the scope of the provision so as to make promotion of disharmony or feelings of ill-will an offence punishable thereunder clause (b) of the said s€ction provides for the punishment for doing acts prejudicial to the maintenance of harmony between different groups that provision is also proposed to be widened so as to include acts prejudicial to the maintenance of harmony between difterent regional groups as well i t is also proposed to provide for enhan<:ed punishment and a minimum punishment for any such offence committed in place of worship the section is heini iubstituted by this clause to achieve the above purpose clause 3--section 505 of the indian penal code penalises the making, publishing or circulation of any statement, rumour or report whith is conducive to public mischief, the section does not deal specifically with rumours or alarming news which may create tension or· ill-will between different communities so long as they are not intended or likely to incite commission of an offence new sub-osection (2) which is being inserted is intended to widen the scope of the section so as to include such rumours or alarming news with intent to create or promote, on grounds of religion, race, place of birth, residence, language, caste or community or any other ground whatsoever, feelings of enmity, hatred or ill-will between different religious, racial, language or regional groups or castes or communities, as well it is also proposed to provide for enhanced punishment and a minimum punishment for any such offence committed in place of worship, section 505 is being amended for this purpose clause 4-section 196 of the criminal proee<iure code provides that certain offences including an offence under section 153a of the indian penal code shall not be taken cognizance of by a court unless upon a complaint made by order of, or under authority from the state government or some officer empowered by the state government in this behalf it is proposed to amend 151e section 10 as to empower the district magistrate to a'u~rise prosecution schedule ii of the crimine-l procedure code· is being amended with a view to make oftenees under section 1~3a and section 105 (id , i 8 60 far as they relate to offences relating to enmity or hatred between communities, etc) of the indian penal code cognizable and nenbailable clause 5--section 8 of the representation of the people act deals with the disqualification of a candidate who is convicted for certain offences the section is being amended so as to make a collviction for an offence punishable under section 153a and section 505 of the indian penal code (offences relating to enmity or hatred between communities, etc) a disqualification the scope of the disqualification in relation to section 50s would extend also to convictions under the above-mentioned sections for making objectionable use of places of worship as well clause 6-this is intended to empower the central government or a state government or any authority authorised by the central government to curb publications prejudicial to the maintenance of communal harmony it is intended to enable the concerned government to prohibit, for a period not exceeding two months, the printing or publication of alarming, incorrect or provocative news or of views likely to promote communal ill-feeling or hatred or to disturb conununal harmony it also provides that the person so affected can make a representation within ten days to the central or the state government, as the case may be, and that government after consultation with press con9ultative committee dispose of the matter, modifying, confirming or rescinding the order clause 7 is intended to provide for a penalty of imprisonment of either description which may extend to one year or with fine up to rupees one thousand or with both for an accused who contravenes, disobeys or neglects to comply with any order passed under clause 6 clau3e 8 gives broadly the composition of the press consultative committee which would consist of editors, publishers and journalists and empowers the central government to make rules for the constitution of the committees, the term of office of the members of the committees, the allowances, if any, to be paid to such members for attending the meetings of the committees and the manner of filling casual vacancies among them and for all matters connected therewith or incidental thereto the rules would also specify the number of members of each committee, the class or category of persons from whom such members are to be appointed, the authority or authorities which may make such appointment, the procedure for consulting the committee and the proc'edure to be followed by the press consultative committee it also provides for laying on the table of each house of parliament rules so made and the rules are subject to the approval of parliament clause 6 of the criminal and election laws amendment bill, 10ea provides for consultatiop by the gover~ment with the press consultattve committet! clauses of the bill provides for the constitution of such a committee the member$ where ot will be appointed by th~ prescribed authority 'nte e]!:penditure is pot expected to be large and is not ljkely to exceed rs 18,400 (recurrine) annually ' clause 8erf the 9il1~wel's the cel'itrtl o~1tient to make rules for the constitution of tm preiiil consultative committee 'l1le matters in respect of which rules may be made relate inter alia to the term of office of the members of the committee, the allowances";' if any, to be paid to such members for attending the meetings ot the committee and the manner of filling casual vacari~ amon'g them and for all matters connected therewith or incidental thereto the rnles would also specify fhe numdet- of members of tlle committee, the dass 01' category of ~ons from whom such members are to be appointed, the authority or attthorities which may make such appointment, the procedure for consulting the comtnittee and' the procec!ut~ to be fonowed by the press consultative committee these matters pertaining to procedure or detail are necessary for the effective admimistration of the provisions ofthij bill and &os such the delegation of legislative power is of a ftormel cltuacter , 1 annexure- erntacts prom the indian pual code, 1860 (46 of 1860) - • 153a however- •(a) by words, either spoken or, written, or by signs or by visible representations or otherwise, prom()tes, or attempts to promote, on grounds of religion, race, language, cast~or community or any other ground whatsoever, feelings of enmity or hatred between different religious, racial or language groups or castes· or communities, or promotin& enmity between di1fcrent groups on grounds of religion, race, language, etc, and doing acts prejudicial to maintenance of harmony (b) commits any act which is prejudicial to the maintenance of harmony between difterent religious, racial or language groups or castes or communities and which disturbs or is likely to disturb the public tranquillity, shall be punished with imprisonment which may extend· to three years, or with fine, or with both - - - - - 505 whoever makes, publishes or circulates any statement, rumour or report,-statements conducing to public mischief (a) with intent to cause, or which is likely to cause, any officer, soldier, sailor or airman in the army, navy or air force of india to mutiny or otherwise disregard or fail in his duty as such; or (b) with intent to cause, or which is likely to cause, fear or alarm to the public or to any section of the public whereby any person may be induced to commit an offence against the state or against the public tranquillity; or (c) with intent to incite, or which is likely to incite, any class or community of persons to commit any offence against any other class or community, shall be punished with imprisonment which may extend to three years, or with fine, or with both ~x~eptjort-it does not amount to -n o1fence, withinth meaning of this section, when the person making, publishing or circulating any such statement, rumour or report, has reasonable grounds for believing that such statement, rumour or report is true and makes, publishes, or circulates it without any such intent as aforesaid - - - - exrtacts from nu: codb or criminal procj:dud, 1898 (501' 1898)4~ of 1860 118 no court shall take cognizance of any offence punishable prosecution under chapter vi or ixa of the indian penal code (except section for oft'edcetih galnet t c 127 and section 171f, so far as it relates to the offence of personation, state or punishable under section l08a, or section 153a, or section 294a, or section 295a, or section 505 of the same code, unless upon complajnt made by order of, or under authority from the state governnient or ome officer empowered by the state government in thi behalf schedule ii tabular statement of offencesexplakatoily note-the entries in the second and seventh columns of this schedule, headed respectively "offence" ~d "punishment under the indian penal code", are not intended definitions of the offences and punishments described in the several corresponding sections of the indian penal code or even abstracts of those sections, but merely as references to tile subject of th'e section, the number of which is given in the first column the third column of this schedule applies also to the police in the· towns of calcutta and bombay 2 3 4 5 6 7 8 section oft'ence whether whether whether whether punish-by what tbe aw~t bailcompoundment court police or a twaable or ,ie or under triable may modi shall not not the arroit ordinarily indian without itne in penal warrant tbe fint code or dot inuance is3 a promot-shaudot warrant nl1t ball-ditto imprison- presidency ~ enanai" able ment m~ate ty bet- witbout of or itween warrant either trate of clanes desert the fint tidil ",'1 2 yearl, 01' ortloth " owjlct ,or dittq summodi ubie: dit> jliiie r hetidenoccupier 1,q90 cy m,ileftd, nsprs trite or datt"'-~ti'te idaof the :·'first or of riot, 8ijdii etc c1,,~s chaptu xxii-ciumlnal intimidation, insult and amfoyance- - - - - sos fake ditto ditto not bail- not com-ditto presidency blalt-, poundable m1t:;!lte jdcdt, ruor 11-maur, etc, trate of circulatell the first with d intent to '~ jwlrid¥ or, otrenc:e 506 criminal diteo dhtal ~ comp-o intinilable dation or trate of llae fintor second (43 or 1951) - - - - - chapter iii dulqualincations 1"or muoership or parliament and state lzgislatuus - • - • •of 1860 8 (1) a person convicted of an offence punishable under section diqulllflc:a-171e or section 171f of the indian penal code, or under section 125 ~~ion or section 135 or clause (a) of sub-section (2) of section 136 of this fe; certain act shall be disqualified for a period of six years from the date of 0 enc such conviction - - - a bill further to amend the indian: penal code, the code of criminal procedure, 1898 and the representation of the people act, 195 i and to provide against printing and publication of certain objectionable matters 896~ 9nv l ~ (shri y b chatjan, minister of home adairs) | Parliament_bills | 8ed99e31-e84d-539c-9246-74215168a237 |
bill no 67 of 198' the governors (emoluments, allowances and privileges) amendment bill, 1989 a billfurther to amend the governors (emoluments, allowances and privileges) act, 1982 bi it enacted by parliament in the fortieth year of the republic of india as follows:-1 this act may be called the governors (emoluments, allowances short and privileges) amendment act, 1989 title 2 in section 3 of the governors (emoluments, allowances ahd privileges) act, 1982, in the proviso, in clause (a)-amendment of act 43 of 1982 (a) in sub-clause (ii) , for the word "and", occuring at the end, the word "or" shall be substituted and shall be deemed to have been substituted with effect from the 1st day of june, 1988; (b) sub-clause (iii) shall be omitted and shall ide deemed to have been omitted with effect from the 1st day of june, 1988 section 3 of the governors (emoluments, allowances and pr1vi1eges) act, 1982 (43 o( 1982) provides that there shall be paid to every governor emoluments at the rate of rs 1l,000/- per mensem clause (a) of the proviso to that section, however, provides that if a governor, at the time of his appointment is in receipt of a pension (other than disability or wound pension) in respect of any previous service under the government of india or any of its predecessor governments or under the government of a state or any of its predecessor governments, his emoluments shall be reduced,- i (i) by the amount of that pension; and (ii) if he has before such appointment, received in lieu of a portion of the pension due to him in respect of such previous service the commuted value thereof by the amount of that portion of the pension; and (iii) if he has, before such appointment, received a retirement gratuity in respect of such previous service, by the pension equivalent of that gratuity 2 the government of india in the ministry of personnel, public grievances and pensions have issued orders to the effect that the pension equivalent of gratuity may not be dedueted while fixing the pay of re-employed pensioners the ministry of finance have also issued ordera that pension equivalent of gratuity will not be taken into account while fixing the initial pay of retired judges of the high courts and supreme court appointed to on committees/commissions these orders have been made effective from the 1st june, 1988 3 the bill seeks to amend the said aat to allow the benefit of not deducting pension equivalent of gratuity from the emoluments payable to governors according to the amendments proposed in the bill governors who had received retirement gratuity in respect of previous service would be benefited 4 the bill seeks to achieve the above object new delhi; buta singh the 11th august, 1989 annexure extract from the governors (emoluments, allowances and privileges) act, 1982(43 of 1982) - - - - - 3 there shall be paid to every governor emoluments at the rate of &nolurupees eleven thousand per mensem: menm provided that if a governor, at the time of his appointment,-(a) is in receipt of a pension (other than disability or wound pension) in respect of any previous service under the government of india or any of its predecessor governments or under the government of a state or any of its predecessor govemments his emoluments shall be reduced,-(i) by the amount of that pension; and (ii) if he has, before such appointment, received in lieu of a portion of the pension due 'to him in respect of such previous service, the commuted value thereof, by the amount of that portion of the pension; and (iii) if he has" before such appointment, received a retire· ment gratuity in respect of such previous service, by the pension equivalent of that gratuity; or (b) is in receipt of any benefit by way of contributory provident fund his emoluments shall be reduced by the pension equivalent of such benefit - - - a bill further to amend the governors (emoluments allowances and privileges) act, 1982 (shri buta singh~ minibte-r of home affairs) | Parliament_bills | cf9bf3d5-9e47-5761-afaf-ca10d793ed40 |
2 0 ifiah 1968 8m no ao of 15161 the appropriation (railways) no2 bnl,i968 billto authorise payment and appropriation of ce1"tain further 1urn from and out of the consolidated fund of india for the 'e1"vice of the financial year 1967-68 for the purpole of railwclj/', bz it enacted by parliament in the nineteenth year of the republic of india as follows:-1 this act may be called the appropriation (railways) no2 short tlue act, 1968 5 2 from and out of the consolidated fund of india there may be issue of paid and applied sums not exceeding those specified in column 3 of ri 23,80, the schedule amounting in the aggregate to the sum of twenty- ~~ three crores, sixty lakhs and ninety-four thousand rupees towards :: ~11-defraying the several charges which will come in coune of payment soudated 10 during the financial year 1967-68, in respect of the services relating fund of to railways specifted in column 2 of the schedule ifnditha or e ftnaneial year 1887-88 appropril 3 the lums authorised to be paid and appued from and out of tlon the consolidated fund of india by tb'is act shall be appropriated for the services and purposes expressed in the schedule in relation to the said yeai' j 2 3 81ii1ii not :'(::!j; iii 0 n 5 of vote -------servicci and p\ii'poics voted by charpd 011 parlilmcnt the codtoudl· totll ted had i ri ri ri 10 14,24,000 i railway board 6,57,000 6,$7000 i 2 millccllancou& elli'cnditurc: '4,24000 i 4 workin, ~nac:_adminjr· tntlou i,bo,63,000 i j ,80,63,000 5 workina &pcdic_rc:pairs ind ij,ooo i malntc:1iijice !!'904,95,ooo $9s,08,000 6 worldna expenaci-opnal in, i stafr 2,2576,000 64000 i 2,26040 •000 7 workilll expenses-opc:rat' on (puel) 9,06,13000 19000 9,06,32,000 8 waddill expen&el~ii;\'n other than st_ i 2,b6,7~000 j,b6,70,c00 9 wostina bxpenses-mis«iianc:· oui eipcjiiea 1,67,000 1,67tf1oo i, opca lijie works (reftmie) 1,000 1000 14 codstructfon of new una 1,000 jpt:io i·s open line w~ !:riail 1teime ij1'fo«j 15,',,000 deveiop_ pmi4 16 penaicmary~igft puiid 117>40,000 1,17,foooo 20 w'rtbdrawal from jlevenue 1tncrwpund 10,14,000 10,14000 -total 23o4a5l,ooo ",41,000 2360,94°00 ---------------_ ----- - ----_ --- _--- statement of objects and reasonsthis bill is introduced in pursuance of article 114(1) of the constitution of india rea(! with article 115 thereof, to provide for the appropr'iation 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 1967·68 c m poonacha president's recommendation under article 117 of the constitution of india[copy of letter no 68-b-4017 dated nil from shri c m poonacha, minister of railways to the secretary, lok sabha] the president having been informed of the subject matter of the proposed appropriation bill providing for the appropriation out of the consolidated fu~d of india of the moneys required to meet the expenditure charged on the fund and the supplementary grants made by the lok sabha, for 1967-68 recommends under clauses (1) and (3) of article 117 of the constitution of india read with clause (2) of article 115 the introduction in and consideration by the lok sabha of the appropriation bill a billto authorise payment and appropriation of certain further sums from and out of the consolidated fund of india for the service of the financial year 1967-68 for the purposes of railwilys (shri c m pooruu;hs, minister of railways) | Parliament_bills | 13f7e46e-cabe-557d-ac2c-a80885799c4c |
(to balas introduqed in 10k sabh),) 1 page 1, lin~ 14,-!2i,' "certifiacte" means a certifiacte' ~ '''certificate'' means a certificate' 2 page 3, line 19,-!!u: "asistant" ~ "assistant" 3 page 5', against line 4,-!qr the marginal citation ~ "45 of 186a" 4 paee 5, line 31;,-!ql: "ir" ~ "in" 5' page 13, line 30,-1:qt "sub- section (2)" ~ "sub-section (1)" " to page 19, line 17,-m ''p erm! t " ~ "a p o-rmi t " 7 r~ge 19, line 20,-!s;u: "valid" ~ "validity" e p~go 19, line 21,-after "require" insert "any" 9 pa ge 19, 1n--the marg1nall'lead:1llg to-c-jijub~_:-_~_ m "1 of 1922" ~ "7 of 1922" 10 page 24, line 11,-tht "sub- clause" ~ "sub-clauses" 11 page 24, line 10 from bottom,-, 12 page 24, line' lrom bottom,-after "power to" insert "the" 13 page 25', line ?,-1:01: "th£: offences" ~ "offances" 14 pa ge 25, line 11,-nu: "mentiont;jd" te§j1 t'rnaintain ,}" 15 page 25', line 4, !'rom bottom,-!qr ~'pro itisot!3" llid "pro '"dsiolts ii 16 page 2?, line ?,-new delhi-, - - the emigration bill, 1983 arrangement of clauses chapl'er i prelimlnary clauses1 short title, extent, application and commencement 2 definitions chapter ii emigration aumoritifs3 protectors of emigrants 4 general duties of protectors of emigrants 5 power to authorise persons to exerci'se functions of a protector 6 emigration check-posts 7 other emigration officers and staff 8 emigration officers to be public servants chapter iii registration of recruiting agents9 registering authority 10 no person to function as recruiting agent without a valid certi-ficate 11 application for registration , 12 terms and conditions of registration 13 renewal of registration 14 cancellation, suspension, etc, of a certificate chapter iv p'ermi'is for recruitment by employers15 competent authority 16 recruitment by employers to be through recruiting agent or under permit 17 procedure for obtaining permits 18 period of ,validity of permit 19 registration of certain permits 20 cancellation or suspension of a permit 21 power to f'xempt chapter v emigratjon clearanceclauses 22 requirement, etc, as to emigration clearance chapter vi appeals23 appeals chapter vii offences and penalties •24 offences and penalties 25 0jfences by companies 26 offences to be cognizable 27 previous sanction of central government necessary 28 punishment to be without prejudice to any other action chapter viii miscellaneous29 determination of question as to w~ether a person is an emigrant 30 power to prohibit emigration to any country in the interests of the general public, etc 31 power to prohibit emigration due to outbreak of epidemics, civil disturbances, etc, in a country 32 power to prohibit emigration of any class or category of persons 33 provision as to security 34 refund of security ;is power to search, seize and detain persons, conveyance, etc 36 returns and registers 37 authorities and officers to have certain powers of civil court 38 power to give 'directions i 39 effect of other laws 40 delegation 41 power to exempt 42 act not to apply to certain emigrants 43 power to make rules 44 notifications and rules to be laid before parliament 45 repeal of act '1 of 1922 " billto coriolicljte cmd amend the law relating to emigration of citizens c1/ india bz it enacted by parliament in the thirty-fourth year of the republic of india as follows:- chapter i prelmmrary1 (1) this act may be called the emigration act, 1983 (2) it extends to tl1'e whole of india and applies also to citizens of india outside india short title, extent, application and commencement (3) it shall com'! into force on such date as the central government may, by notification, appoint and different dates may be appointed for i () 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 provision 2 (1) in this act, unless the context otherwise requires-defini_ tions (a) "certifiacte" means a certifiacte of registration issued under section 11; (b) "conveyance" includes n vessel, vehide, countr~'-craft and an aircraft; (c) "dependent" means any person who is related to an emigrant and is dependent on that emigrant; (d) "emigrant" means any citizen of india who intends to emigrate, or emigrates, or has emigrated but does not include-(i) a dependent of an emigrant, whe~her such dependent aecompanies that emigrant, or departs subsequently for the purpose of joining that emigrant in the country to which that em i-5 grant bas lawfully emigrated; (ii) any person who has resided outside india at any time after attaining the age of eighteen years, for not less than three years or the spouse or child of such person; (e) "emigrant conveyance" means any conveyance specially 10 chartered for conveyance of emigrants or for conveying emigrants exceeding such number as m'8y be prescribed: provided that the central government may by notification, declare that any conveyance conveying emigrants to such place as may "be specified in the not;fication shall not be deem~d to be an emigrant 15 conveyance; (f) "emigrate" and r'emigration" mean the departure out of india of any person with a view to taking up any employment (whether or not under an agreement or other arrangements to take up such employment and whether with or without the assistance of a recruit- 20 ing agent or employer) in any cmlntry or place outside jndia; (q) "employer" means any person providiul!' or offering to provide employment in any country or place outside indfa: (h) "employment" means any service occupation or engallement (not being service occupation or enga~ement under the central government or a state government) in any kind of work within the 25 meaning of clause (0) for wages or for reward and all its '{rammatical variations ,and cognate expressions shall be construed accol'dfngly; (i) "notification" means a notiflcation published in the oftlcfal 30 gazette; (j) "prescribed" means prescribed by rules made under this act; (k) "protector of emigran~s" means a protector of emigrants appoin~ under section 3 and includes a person authorised lln1er 35 section 5; (l) "recruit;ng arent" mean~ a person engaged in india in the husines'c; of recruitment for an employer and representing such emplover with respect to any matter in relation to such recruitment including de::dings with persons so recruited or desiring to be so recruitedj (m) "recruitment" includ~s the issuing of any advertisement for the ljurpose of recrilitment, the ilffering hy advertisement to secure ot" assi::;t in securing any employment in any country or place outside india an"d the entering into any correspondence, negotiation, 5 agreement or arrangement with any individual for or in relation to the employment of such individual in any country or place outside india; (n) "registering authority" means the officer appointed under section 9 to be the registering authority for the purposes of' this act; in (0) "work" means-(i) any unskilled work, including any form of industrial or agricultural labour; (ii) any domestic service; (iii) any service, not being a service in a managerial capacity, in any hotel, restaurant, tea-touse or other place of public resort; (iv) work as a driver of a truck or other vehicle, mechanic, teclmician or skilled labourer or artisan; (v) work as an office asistant or accountant or typist or stenographer or salesman, or nurse or operator of any machine; 20 (vi) work in connection with, or for the purposes of, any cinema, exhibition or entertainment; (vii) any such work of a professional or of any other nature as the central government may, having regard to the need for the protection of citizens of india who may be employed in such work outside india and other relevant circumstances, specify by notification: provided that the central government may, if satisfied that it is necessary so to do having regard to the conditions of service applicable with respect to employment in any of the aforementioned categories of work or any sub-category thereof, whether generally or in relation to any particular oountry or place and other relevant circumstances, declare by notification that such category of work or sub-category of work shall not be deemed to be work within the meaning of this defin ition (2) any reference in this act to any law which is not in force :n any area shall in relation to that area, be construed as a reference to the corresponding law, if any, in force in that area chapter ii 'emigration authorities protectors of emigl"ants 3 (1) the central govemment may, by notification, appoint a protector general of emigrants and as many protectors of emigrts as it deems fit, for the purposes of this act (2) the central government may, by general or special order, d(~fine 45 the area to "",iich the authority of a prot~ctor of emigrants so \appointed shall extend and, where two or more' protectors of emigrants are appointed for the same aren, nlso provide, by stich order, f(~r tht' ~idrihution nnd allocation of the ;work to hl' performed tinder this act 10 rt'-llltion "to such area (3) the protectors of emigrants shall perform the functions nssill,ned 50 to them by or under this act under ~he general superintendence and control' of the protector general of enugrants (4) the protector gelleral of emigrants may in addition to the special functions assigned to him by or under this act, perform all or any of the functions assigned to any protector of emigrants 4 subject to the other provisions of this act, every protector of emigrants shall, in addition to the special duties assigned to him by or under 5 this ac~ (ci) protect and aid with his advice all intending emigrants and emigrants; general duties of protectors of emigrants (b) cause, so far as he can, all the provisions of this act and of the rules made thereunder to be complied with; 10 (c) inspect, to such extent and in such manner as may be prescrfbed- (i) any emigrant conveyance, or (ii) any other conveyance if he has reason to believe that any intending emigrants or emigrants are proceeding from, or return- j!) tng to, india to or from a place outside india by such other conveyance; (d) inquire into the treatment received by emigrants during their voyage or journey to, and during the period of their residence in the country to which they emigrated and also 'during the return !20 voyage or journey to india and report thereon to the protector general of emigrants or s'ilch other authority as may be prescribed; (e) aid and advise, so far as he reasonably can, emigrants who have returned to india s the central government may, if satisfied that it is necessllry 80 25 to do in the interest of emigrants or intending emigrants, authod~e any person to perform all or any of the functions of a protector of emigrants under this act power to autho_ rlbe persons to exercise functions ofa protector emijration checkposts 6 (1) where the central government considers that, with a view to 30 preventing or checking the contravention of the provisions of this act, ' it is necessary so to do, it may, by notification, set up such number of emigration check-post!il at such places as may be specified (2) the central government may, by general or special order made in this behalf, appointan officer of the central government or of a 35 state government to be an ofticer in charge of an emigration check-post set up under sub-sedion (1) (3) an officer in charge of an emigration check-post 'shall be subject to the general control and supervision of the protector of emigrant! within the local limits of whose jurisdiction thut emigration check-post 40 is si tuated 7 the central government may appoint such-other officer's and employees (hereinafter referred to/as the emigration officers and emigration employees), as it may think fit, to assist the protector general of emil1'8nts and the protectors of emigrants in the performance of their duties under this act 15 other emigration omcers" and !taft is of 1880 i the protector general of emigt'ants, pl:otectors ot emigrants, the officers in charge of emigration check-posts, emigration officers and emigration employees appointed under thi,s act shall be public servants within the meaning of section 21 of the indian penal code emlgra tion officers to be public servants chapter iii 5reglsteriog authority registra'lton of recruiting agbnts : the central government may, by notificlfion, appoint the protector general of emigrants or any other officer of that government of a rank higher than that of a protector of emigrants to be the registering 10 authority for the purposes of this act 10 save as otherwise provided in this act, no iecruiting agent shall, after the commencement of "this act, commence or carry on the business of recruitment except under and in accordance with a certificate issued in that behalf by the registering authority: no person to function as recruit ing agent without a valid, certificate 15 provided that a person carrying on the business of recruiting agent immediately before the commencement of this ac~ may cojtinue to carry qn such business without such a certificate for a period of one month from such comme'lcement, and if he has made an application for such certificate under this act within the said period of one month and 20 such application is in the prescribed form and contains the prescribed particulars, till the disposal of such application by the registering authority 11 (1) an application for registration shall be made to the registering authority in such form and shall contain such particulars 8s to appli_ cation for regis tration 125 the applicant's financial sstndness, trustworthiness, premises at which he intends to carryon his business, facilities at his disposal for recruitment, his antecedents (including information as to whether any certificate had been issued to him under this chapter earlier and if so, whether such certificate had been cancelled) and pre-so vious expel'ience, if any, of recruitment and other relevant matters as may be prescribed and shall be accompanied by a receipt evidencing the payment of the prescribed fee and an affidavit gjving his current financial standing and an undertaking in the form prescribed to the effect that in the event of any jnformation furnished in or a10ng with the 35 application for registration being found to be false or incorrect in any respect, the certificate shall be liable to be cancelled at any time fr accordance with the procedure prescribed: r provided that no application shall be entertained under this subsection from a person disqualified under sub-section (6) of section 14 40 till the expiry of the ,period of such disqualification (2) on receipt of such application, the registering authority shau,-(a) if the application is not in the pre!'lcribed form or does dot contain any of the prescribed particulars, return the application tc the applicant; 45 (b) if the application is in the prescribed form and contains the prescribed particulars, inform the applicant that he is eligible for the grant of the certificate applied for and, after giving the applica'1t an opportunity to be heard, determine, under sub-section (3), the amount of the security which the applicant shall furnish (3) the registering authority shall, for securing the due performance of the terms and conditions of the certificate proposed to be issued by it under sub-section (2) to an applicant and for securing compliance with the provisions of this act and the rules made thereunder and for meeting expenses which may have to be incurred in the event of the 5 repatriation to india of any of the emigrants who may be recruited by the applicant, determine, in accordance with the rules made in this behalf, the amount of security (not being in any case less than one lakh of rupees) which shall be furnished by the applicant (4) if an applicant furnishes in the prescrit-ed manner the amount 10 of security determined 'wlder sub-section (3) within a period of one month from the date on which the registering authority requires him to furnish such security, he shall be issued the ,certificate applied for by him together with an endorsement thereon to the effect that the security required has been furnished by him 15 (5) if an applicant fails to turnish the security required to be furnished by hlm within the period specified in sub-section (4) his application shall be deemed to have been rejected by the registering authority on the date of expiry of that period 12 a certificate issued under section 11 shall be-20 (4) in such form as may be prescribed; (b) valid for such period not exceeding five years as may be prescri bed: terms and conditions of l'egistralion provided that a certificate may be issued for a period- shorter than the prescribed period-(i) if the person to whom it is issued so desires; or (ii) if the registering authority, for reasons to be communicated in writing to the applicant for the certificate, considers in any case that the certificate should be issued for a shorter per~od; 30 (c) subject to such other terms and conditions, including in particular, the maintenance by the holder of the' certificate of the prescribed records containing details of his financial transactions in regard to recruitment, persons recruited or assisted to emigrate by him, employers concerned, contracts and other arrangements entered 35 into in connection with recruitment, as may be prescribed: provided that a certificate may contain, in addition to the prescribed terms and conditions, such other terms and conditions as the registering authority may, for securing the purposes of this act, impose inariy particular case 40 renewal of registration 13 a certificate may be renewed from time to time and the provisions of this act and the rules made thereunder (inciuding provisions as to fees) shall apply to the renewal of a certificate u they apply to the issue thereof: provided that no certificate shall be renewed unless the application 45 for its renewal is made not less than three months prior to the date on which the certificate, would, but for such renewal, cease to be valid 14 (1) the registering authority may cancel any certificate on any gfte or mure of the following grounds andon no other ground, namely:-cancellation, sus pension etc, ot' certifi· cate (n) that having regard to the manner in which the holder of the certificate has carried on his business or any deterioration in his , financial position, the facilities at his disposal for recruitment, the holder of the certificate is not a fit person to continue to hold the certificate; (b) that 'the holder of the certificate has recruited emigrants for purposes prejudicial to the interests of india or for purposes 10 contrary to public policy; (c) that the holder of the certificate has, subsequent to the issue of the certificate, been convicted in india for any offence involving moral turpitude; 7 of 1922 (d) that the holder of the certificate has, subsequent to the issue of the certificate, been convicted by a court in india for any offence under this act; the emigration act, 1922, or any other law relating to passports, foreign exchange, drugs, narcotics or smuggling and sentenced in respect thereof to imprisonment for not less than six months; 20 (e) that the certificate has been issued or renewed on misrepresentation or suppression of any material fact; (f)' that the holder of the certificate has violated any of the terms and conditions of the certificate; (g) that in the opinion of the central government it is neces-25 sary in the interests of friendly relations of india with any foreign country or in the interests of the general public to cancel the certificate (2) where the registering authority, for reasons to be recorded in writing, is satisfied that pending the consideration of the question of 30 cancelling any certificate on any of the grounds mentioned in sub-section (1) it is necessary so to do, the registering authority may, by order in writing, suspend the operation of the certiflcat~ for such period not exceeding thirty days as may be specified in the order and require the holder of the certificate to show cause, within fifteen days from the date 35 of receipt of such order, as to why the suspension of the certificate should not be extended till the determination of the question as to whether the registration should be cancelled (3) a court convicting a holder of a certificate for an offence under this act may also cancel the certificate: 40 provided that if the conviction is set aside in appeal or otherwise, the cancellation under sub-section (3) shall become void - t (4) an order of cancellation of a certificate may be made under subsection (3) by an appellate court or by a court exercising its powers of \ ,jrevision -(5) b~fore passing an order cancelling or suspending a certifl~ate the 45 registering authority or the court, as the case may be, shall consider the 'tjuestion as to the provisions and arrangement!? which should be ~a~~ for saieglyanting the iu'erests of enui1an's and 0tuaer "~i ~ w~ the holder of the certificate had ally transactions in ~ilc course of hili bwoiness as recruitiug agent and may make such orders (includin,orcit!1's p,rmittini t}:le holder of the certificate to continue to carry on his ~usi· ness ~~tb respect to all or any of such emigrants and other ~sons) as 5 it may consider necessary in this behalf (/1) where a certificate issued to any person has bl!en canceued under ws section, such person shall not be elimible to make any applicati for another certificate under this chapter until the expiry of a perlo(t 01 two years from the date of such canceliation - chapter iv permits for recruitment by employijrscompetent authority, 15 (1) the cedtral oi)vemment may, by dmjlcau- appaillt the pl'otectgr general of emigrants or aiily other 08ca of ihat ao •• 'medt of a ~ higher titan that of a protector of emigt18dia to lie miimiority 1& (heninafter refenred to as the campetf'nt autlaorioiy) lor ~ l'1f! '; under this chapter (2) notwithstanding anythiag eoa-tainad in ab-aeetioll (t), the cen tral government may, by rotitklatwn, authoriseaby , ••• wj10 is ~ployed und,er that govejlnmedt in ~y colql~ or p14ce ounide india 10 to exercise the powers of the r:om~tent autbority, 8a«l _, ;wmtta under this chapter to employers who are not citizens of india tor the purpose of recruiting any citizen of india lor empia,waerw in such country or place and a person so authorised shah· enimse a dulyelltlfled eopy of every permit issued dy him under tftis chapter te the pretector 115 general of emigrants la sa,ve ill otberwisp provided by or wl4er 'bis ~ no e , ~u reauit any citilen of lddia for ernplq~nt in , co~i;y , ~ ouwpe india except- (a) through a recruiting agent cqmpete~t und~r thjs act" qlau 30 such recruitment, or <") in accordance with a valid permit issued in this behalf uftder this chapter recruit ment by employers to be throu,h recruit· in, agent or under pt'rmlt 17 (n an employer ~siring to obtaill a pej;mit under tbi cupter may make an application in that !lehal! in the prescribed form to tm sa competent authority l'rocedure for obtaining permits (2) on receipt of such application, the competent authority shall, iiublect to any ifules made in this behalf, make' such inquiry as be may deem ~c;ess4lry al'}~ grant the permit applied tor 01' rej~ct the ~uoat¥ilj: , ~ovtded that before granting a permit the competent authority ma, je~ulre the a~pllcant ~~ cumply with such conditions as may be' pres ~ crlbe~: fm~lud~ng cchlshhons as to furnishing of 18c'wit,y iuwl: b ther -~qn~htlqlls 3s that ~llthority may, for reascms to be hcortw m ~ deem ne~essilf8 in the inter~sts qf t~ citiz'ldl of lddia liul ~, ~ recrulted by the applicant j (at te - our pro~ of this act, the cornpe1lent wtiid-rilt , eppnu\m under i\l~tion "(1) on any, ore er more of foiimrilll and on 11k> otl¥et mft!ld, ~y)-5 (8) that the application is not complete in all respects or that any of the material particulars furnished in the application are not we; (b) ~t uie terms and conditions of employment which the ~ant proposes 10 ofter to persons recruited or proposed to be recrui~d by him are discriminatory or exploitative; 10 (c) that the employment which the applicant proposes to offer involves work of, a nature whick is lltuawful according to the laws of india or offends against the public policy of india or is violative of norms of human dignity and decency; \4, tht having i'egird to the antecedents of the appucant, his ~ 'iihn4illl, thie fa'cilities at his di$posal, the working and 11,,-in, t!u'ft'd!tiot\s or pets'o 'elnpl'oyed by hi%xl in the past, it wduld hot be in the public interest or in the interests of the ~rsons who may - nmlitai byblm·, ~ lene 8 permit to him; (e) that having regard to the prevailing circumstances in the country or in the place where the applicant proposes to employ the pltwiii recrui\1ed 'i&y him) :it would not be in the interests of any t:iti- c)f itldie tte emigrete for takiog ljp such employment (4) where the competent authority makes an order under sub-section (zt ~~ an appltee\ion, ~ shall record in writing a brief statement ~5 of his reasons for making such order and furnish the appucant, on demand, a copy of the same: f\-ov~ that if the competent authority is or the opinion that it is ne~ary ol'e~iel\t in tile interests of friendly relations with a foreign eou1ltry or in the interests bf the general public so to do, he may refuse so to provitb! such ct)~y or, as the case may be, furilish a copy of only such parts bt tbe statement as he may deem fit period of valldity of permit jl a permit issued under section 17 shan be valid till the expiry of such period, not exceeding one year, as may be prescribed from the date of issue thereof, or till the recruitment of the persons for whose recruit-" l\lent such permit is issued is completed, whichever is earlier: prcwned that where the holder of the permit has been unable for sufficient cause, to complete such recruitment before the expiry of the prescri,bed period,· the prescribed authority may, subject to rules made in this behalf, extend the period of validity of the permit by such further 40 pettod or l'!ric7c!s not ~eeding three months at a time "'any pwmit obtained ftom a person authorised under 8ub-section (2t wi iluttun 16 shall not be valid unless a certified copy thereof is ftled in _ pnstrtbed mllftmr with the protector general of emigrants registration of certain permit~ cancellatiojl or 81iipenlion of a permit - l'he provisions of section 14 relating to cancellation and suspension of a certificate referred to therein shall, subject to such modifications as may be necessary (including modifications for construina the references in that section to registering authority as references to competent authority under this chapter), apply for the cancellation or suspension 5 of a permit power to exempt 21 the central government may, if satisfied that it is nece&sary or expedient so to do in the public interest, by notification and subject to such conditions, if any, as may be specified in the notification, exempt any class or classes of employers from the requirement of obtaining a 10 permit under this chapter chapter v elwgration clearancerequirement, etc, as to emilration clearance 22 (j) no citizen of india sh:all emigrate unless he obtains under this chapter from the protector of emigrallts authorisation in the prescrib- 15 ed manner and form (nch authoflsation being hereinafter referred to· as emigration clearance) for emigration (2) an application for emigration clearance shall be in the prescribed form, shall contain the prescrlbed particulars and shall be made by the emigrant concerned to the protector of emigrants: provided that such application may be made through the recruiting agent, if any, through whom the emigrant has been recruited or through the employer concerned (3) every application under sub-section (2) shall be accompanied by-(a) a true copy (verified and authenticated in the prescribed manner) oi the agreement with respect to the employment for the taking up of which the applicant proposes to emigrate and where such agreement does not provide for all or any of the prescribed matters, also a statement (verified and authenticated in the prescribed manner) setting out the particulars with respect to go buch matters; ,(b) a statement (verified and authenticated in the prescribed manner) as to the provision by way of security for meeting -the expenses which may be incurred in case it becomes necessary to arrange for the repatriation to india of the applicant; 35 (c) a receipt evidencing the payment of the prescribed fee; (d) such other relevant documents or copies of relevant documents as may be prescribed (4) the protector of emigrants shall, after satisfying himself about +b the a~curacy of the particulars mentioned in the application and in the other documents submitted along with the application, authorise in the prescribed manner and form, the emigration of the applicant or intimate by order in writing the applicant or, as the case may be, the recruiting agent or t!mployer through whom the applications have been made 45 about the deficiencies and require him to make good such deficiencies within such time as may be specified in the order or reject the appu-cation (5) subject to the other proviisions of this act, the protector of emigr~ts may reject an application for emigration clearance under thii section on anyone or more of the following growlds and on 110 other ground, n:amely:-5 (a) that the terms and conditions of employment which the appllcant propol;;es to take up are discclminatory or exploitative; (b) that the employment which the applicant proposes to take up involves work 01 a nature wluch is unjawful according to the laws of india or offends against the public policy of india or is 10 violat!ve of norms of human dignity and, decency; (c) that t!le applicant will have to work or live in sub-standard working or living conditions; (d) that having regard to the prevailiili circumstances in the country or place whel'e the applicant proposes to take up employment 15 or the antecedents of the employer under whom the applicant pro--poses to take up employment or any other relevant cu'cumstances, it would not be in the interests of the applicant to emigrate; (e) that no provision or arrangement has been made for meeting the expenses which may be incurred in case it becomes ne-~o cessary to arrange for the repatriation to india of the applicant, or that the provisions or arrangements made in this behalf are not adequate for the purpose (6) every order rejecting an application for emigration clearance shall set out clearly the ground or grounds on which the order has beed 25 made and the facts or circumstances on which such growld or grounds are ·based chapter vi appeals23 (1) any person aggrieved by-appeals (0) an order of the registering authority rejecting his application for registration or requiring him to furnish any security or to comply with any term or condition (not being a prescr~bed term or condition) specified in the certificate issued to him or suspending or cancelling or refusing to renew the certificate issued to him; or 35 (b) an order of the competent authority rejecting his application for a permit or requiring him to comply with any terms or cm:td1 tions (not being a prescribed term or condition) speci1led in the permit issued to him, or suspending or cancelling or refusing to extend the period of the validity of the permit issued to him; or (c) an order of the protector of emigrants rejecting his application for emigration clearance; or 45 (d) an order of the registering authority or the competent authority or the protector of emigrants or the prescribed authority requiring him to furnish any security, additional security or fresh security under thii act, or forfeiting or rejecting his claim for refund (whether wholly or partly in either case) of the security, the additional security or the fresh security furnished by him; may ~refer an appeal agaihst such order to the central government wi thin such period as may be prescribed (j) ne appeal shall be admitted if it is pn&mtd aftel' , of the peri«i prescribed therefor; provided that an appeal may be admitted after thi! expity of the period prescribed tileretor if the appellant satisfies the cen'tral go'fthlmellt that t\e had au:jlicient cause for iiot prefemng tile ppeiil within :5 that pel"i'otl (-sl the period prescribed for an appeal shall be mmpated in acctl!'dance with the provisions of the limitation act, 1883, wftb ft8iiict 38011'- to the comp!l'tatioit of periods tiilereunder (4) every appeal under this section shall be made in such form as 10 may be prescribed and sbau be accompanied by a copy of tale order appealed against and by such fee as may be pruc&-ibed (5) the procedure for disposillg of an appeal (tnctudiftg r-and of the matter for further consideration to the autbority whole ot6!r 1iu been appealed against) shall be such as may be presa1be4: 1,5 provided that before disposing of an appeal, the appel!ant shall be giwd a 1'88onable opportwlity of representing his case (6) evtlryorder made on an ap~al under this sectioh c~, modifying or reversilli the order appealed against shall be 8nal chapter viiad offences and pj:naltus ~ 24 (1) whoever-offences and penalties (a)" except in cunformity with the provisions of this act emigrates; or (b) contravenes the provisions of section 10 or section 16; or :zs (c) by intentionally furnishing any false information or suppres8ing any material information obtains a certific:ate or a permft 01' an emigration clearance under this act; or (<<i) without lawful authority makes or gause to be iuiie any alteration in any certiflcate or permit or in any doicumaat '01' 30 - endorsemeht by way of emigration clearance issued or macle under thil act; or (e) disobeys or neglects to comply with any or_ 01 tile protectl)r of emigrants -under this act; or (1) collects from an emigrant any charges in excesa ~f the limit 35 pnscribed under this act; or (9) cheats any emigrant; shall be punishable with imprisonment for a term which may exfald to two years and with fine which may extend to two thousand replllt plovimd t in the alds&dce of any speeial and adequate :reasoils to __ "_y to 1te blentioned in tlae judgment of the court such imprisonment shall ,t be lei!) than 'six months and such fine sha1l not ide less 'than one theusand rupees , (2) whoever attempts to commit any offence under sub-section (1) shall be punishable with the puaishment p!'ovided for such offence under that sub-section (3) whot'ver contravenes any term or condition subject to which any emjsration clearance has been given under this act, sh~ll, if 1u)0thm 10 punlbbment is provided elsewhere in this act for such contravention be liunlshable with imprisonment for a term which may extend to one year or with ftlle which may extend to two thousand rupees or with both (4) whoever abets any offence punishable under this act shall, if the _ metted; is committed· in consequence of the abetment, be punis~ 15 w" punishl'llel\~ provided for that offence (5) whoever, having been convicted o~ an offence under any pcovisiqll ot this act is again convicted of an offence under the same provision, shan be punishable, for the second anel for each subsequent offence, with double the penalty provided for that offece ig it ('1l where an offence under this act has been committed by a offences company, every person who, at the time the offence was committed, was by comin charge of, and was responsible to, the company for the conduct of the panics 8111ide of the- colllpan~, as well as the company, shall be deemed to be auuty af t8e·offedce and shall be liable to be proceeded against and 25 jllaishm: accwdiug4r: ~icl8d' that nl'1' ing contained in this sub-section shall render any such person liable to any punishment if he proves th,t the offence was committed without his knowle1ge or that he had exercised all due diligence to prevent the commission of such offence 30 (~\ notwithstanding anything contained in sub-section (2), where y oti'enee under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance ofl or is attributable to, any neglect on the part of any director, manager, secretary or other officer of the c, ilpany, such director, man-35 ager, secretary or other officer shall be deemed to be guilty of that aience, and shall be liable to be prooeeded against and punished aocordingly e~4nci&io • -i'qr the purposes of this section,-(g~ "company" means any body corporate and includes a firm or other association of individuals; and (b) "diraetor"; in relation to a firm, means a partner in tbe tinn ii noiniul19tandigg arything contained in the code of crjminal procedure, 1973, all offences under this act shall be cognizable 2of1974 ft no pn88cutioil shah be instituted against any person in respect 5 of ,'offa\ce under this act without the previous sanction of the central aent or such officer or authority as may be authorised by that 8o~ent by order in writing in this behalf oft'ences to be coldizable previous sanction of central government necessary 28 the award of punishment for an offence under this act shau be without prejudice to any other action which has been or which may be taken under this act with respect to such contravention - chapter viii punishment to be without prejudice to any other action miscellaneous 5 28 where a question arises before a protector of emigrants 88 to whether a person intending to depart from india is or is not an emigrant, the protector of emigrants shrll decide the question after holding an inquiry in such manner and upon considering such evidence a~ may be prescribed and such other evidence as may be relevant, and communi- 10 cate the decision to such person in the prescribed manner determination of question as to whether a person ilan emigrant 30 (1) where the central government has reason to believe that sufficient grounds exist for prohibiting emigration to any country, having regard to the sovereignty and integrity of india, the security of india, friendly relations of india with any foreign country or the interests of 15 the general public, it may, by notification, prohibit emigration to that country (2) a notification issued under sub-section (1) shall have effect for such period not exceeding six months as may be specified in the notification: 20 power to prohibit emilration to any coun· try in the interests of the general public, etc provided that if the central government has reason to beueve that the grounds mentioned in sub-section (1) continues to exist, it may, from time to time, by notification, prohibit emigration to that country for such further period, not exceeding six months on each occasion, as may be speci~ed in the notification 25 31 (1) where the central government has reason to believe-(4) that intending emigrants if allowed to emigrate to any country would be exposed to serious risk to life on arrival there ·by reason of-(i) outbreak of any disease or grave pollution of environ- 30 ment in such country, or | power | to ||---------------|-------|| prohibit | || emf,ration | || due to out- | || break | || of | || epidemics, | || civil distur- | || bances, | || etc | • || country | |(it) outbreak of hostilities or civil war or civil commotion or political disturbances;, (b) that by reason of india not being in diplomatic relations with that country it- is not possible to protect the emigrants from 35 discrimination, maltreatment and exploitation, it may, by notification, prohibit emigration to that country (2) a notification issued under sub-section (i) shall have effect for such period not exceeding six months as may be specifled in the notiflcation: provided that if the central government has reason to believe that any ground mentioned in sub-sec~on (i) continues to exist, it may, from time to time, by notification, prohibit emigration to that country for such further period, not exceeding six months on each occasion, be may be spt:cified in the notification 32 (1) where the central government considers that in the interests of ~he general public, emigration of any class or category of- persons, having regard to their age, sex or other relevant factors, to any country should be prohibited, it may, by notification, prohibit the emigration to 6 s\lch country of such class or category of persons as may be specified in the notification power to prohibit emigration of any class or category of persons (2) a notification issued under sub-section (1) shall have effect for such period not exceeding six months as may be specified in the notification: '10 provided that if the central government has reason to believe that any of the grounds mentioned in sub-section (i) continues to exist it may, from time to time, by notification, prohibit emigration of 'such ciass or category of persons to that country for such further period, not exceeding six months on each occasion, as may be specified in the notification provision as 10 security 15 33 (1) 'any security or other finarcial provision which may be required to be made under this act shall be reasonable having regard to the purpose for which such security or other financial provision is required to be made (2) the pl'escribed a'uthority may, after giving notice in the pres-qo cribed manner to a person who has furnished any security for any purpose and after giving to such person an opportunity to represent his case by order in writing, direct that the whole or any part of such sec\lrity may be forfeited for being utilised for such purpose and in such manner as may be specified in the order 25 (3) where it appears to the prescribed authority that the security furnished by any person under this act for any purpose has, for any reason, become inadequate, or has ceased to be available for any reason whatsoever, the prescribed 3uthoritv'may, after giving him an oppprtunity to ,represent hi~ case by order in writing, require such person 30 to furnish such additional securitv or as the case may be, such fresh security as may bc specified in the order :l4 any security furnished under this act shall be refunded or, as refund of the case may be released when no longer required for the purpose for 5clcurity which it has been furnished and the other circumstances in which and 35 the manner in which any security furnished under this act may be released or refunded shall be such as may be prescribed power to search, seize and detain 35 all the powers for the time being conferred by the customs 52 of 1062 act, 1962, on officers of clistoms with regard to the searching and detention of persons, vessels or aircraft or any other conveyance, or seizure 40 of any document or thing or arrest of anyp-erson or otherwise for the persods, conveyance, etc purp~se of prevention or -detection of any offence under that act or for apprehendinq a person suspected to have committed any offence under that act mav be exercised for' the purpose of prevention or detection of any offen~e under tlii's act or for apprehending a person suspected 4-5 to have committed any offence under this act, by-(a) any such officer of customs, or (b) the protector general of ~migrants or a protector of emig-rllnts, or '(c) an officer in charge of an emigration check-post, lletuma and rqislers 36 (1) every recruiting agent shall maintain sqch registers and other records and shall submit to the prescribed authorities such periodicalor other returns as may be prescribed, (2) the protector general of emigrants, the registering authority the competent authority or a protector of emigrants may, by order, call 5 for any other ret'urn or information from a recruiting agent (3) the protector general of emigrants, the registering authority, the competent authority or a protector of emigrants or an officer in charge of an emigration check-post may inspect any register or other record maintained by a recruiting agent under sub-section (1) and for the 10 purpose of such inspection, enter, at any reasonable time, the business premises of a recruiting agent authoritie~ and offiocrs to have certain powers of aivil courl 37 (1) the protector general of emigrants, the registering authority, the competent authority and every protector of emigrants shall, for the purpose of discharging their functions uplder this act, have the same 15 powers as are vested in a court under the code of civil procedure, 1908 while trying a suit, in respect of the following matters, namely: -5 of 1'08 (a) summoning and enforcing the attendance of witnesses; (b) requiring the- discovery and production of any document; (e) requisitioning any public record or copy thereof from any 20 court or office; (d) receiving evidence on affidavits; and (e) issuing commissions for the examination of witnesses or documents (2) every proceeding before the protector general of emigrants 25 or the rpgistering authority or the competent authority or a protector of emigrants ~hal1 be a judicial proceeding within the meaning of sections cs of 18611 193 and 228 of the indian penal code and the protector general of emi-j!l'ants the registering au~hority, the competent authority and every protector of emigrants shall be deemed to be a civil court for the pur- 30 poses of section 195 and chapter xxvi of the code of criminal procedure, 1973 :-: 2 of 1974 power to live directions 38 the central government may give directions to the protector general of emigrants the registering authority the competent authority or any protector of emigrants as to the carrying into exl'cution of any 35 provision of this act effect of other laws 39 (1) the provisions of this act or any rule made thereunder shall have effect not,withstanding anything inconsistent therewith contained in any enactment other than this act or in any agreement or other im;trument having effect by virtue of any enactment other than this act (2) save as provided in sub section (1), the provisions of this act £hall be in addition to, and nof in derogation of, any other law for the time being in force, 48 the central gov~rnment may, by notificaticm, dil"'!rt that any deleglltiolj, power or function-(a) which may be exercised or perfoi'med by it under this act, or (b) which may be exercised or performed by a registering auth~ 5 rity, a competent authority or a protector of erriigrarits under this act, may, in relatioh to such matters, and subject to such conditions, if any, is it may specify in the notification, be ,also exercised or performed-(i) by such omcer or authority subordinate to the central gov-j() ernment, or (ii) by any state government or by any officer or authority subordinate to such state government, or (iii) in any foreign country in which there is no diplomatic mission of india by such foreign consular office 15 as may be specified in the notification 41 (1) where the centra] government, on a reference made to it or power 10 otherwise, is satisfied that having regard toexempt (a) the friendly relations with any foreign country; or (b) the known rep"utation of any foreign employer or class of 110 foreign employers, for providing to emigrants standard conditions of living and working, and their methods of recruitment and conditions of employment; or (c) the methods of recruitment followed and the conditions of employment provided by a public undertaking or an approved con-2~ cern for the execution of its projects abroad; or ' (d) the facilities and conditions of service provided by government officen; posted abroad to thelr domestic servants accompanying such government officers, where the expenditure in respect of the passage of such domestic servants is borne by the government; and (e) all other relevant con~iqerations, go it is necessary or expedient in the public interest so to do the central government may, by n:>tification, and subject to such conditions jf any as ma;y be specified in the notification exempt from the operation of all or any of the provisions of this act, such foreign dignitary or class of 35 foreign e-mployers, public undertaking approved concern· or gov~ment omcen explanation-for the purposes of this sub-section-(a) "pubijc undertaking" means-(i) an undertaking owned and controlled by government; or (ii) a government company as defined in section 617 of the companies act, 1956; or i of 1'56 (iii) a body corporate established by or under any central, provincial or state act; 1 of 1956 9 of 1932 21 of 1860 5 (b) "appfoved concern" means such company incorporated 'under ihe companies· act, 1956 or partnership firm registered under the indian partnership act, 1932, or society registered under the societies registration act, 1860 or any other law relating to societies for the time being in force iri ariy state, or co-operative society l'egistered under any central, provincial or state iaw, as the central government may, by no1ification, approve for the purposes of this section (2) if the central gov6rnment is satisfied that it is necessary lor implementing any treaty, agreement 'or convention between india atid ii foreign country or foreignc:>untries so to do, it may, by notification, 10 undo "subject to such conditions if any, as may be specified in the notift- cation, exempt from the operation' of all or any of the provisions of this act recruitment by such authorities, agencies or persons as may be specified in the notification either gen'erally or for such purposes as mas be specified in the notification 15 42 nothing contained in this act shall be deemed to apply to---act not to apply to certain emigrants (a) the recruitment or emigration of any person who is not a citizen of india; (b) the control of recruiting in india for the service of foreign states to which the foreign recruiting act, 1874 applies 20 4 of 1874, power to make rule~ 43 (/) the central government may, by notification, make rules to carry out the provisions of this act (2) in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following m2tters, namely:-~5 (a) the powers and duties of officers and employees appointed for the purposes of this act and the terms and conditions of their service; (b) the for~ of~ (i) a certificate to commence or carryon the business of re- 30 , cruitment, and of an application for the issue or renewal thereof; (ii) a permit for the recruitment of persons for employment outside india, and of an application for the issue thereof; (iii) an application for emigration clearance; 35 (iv) an appeal to be preferred to the central govern~ent; ! (c) the manner and form in which an authorisation by way of emigration clearance may be given; (d) p~rticulars to be contained in an applicauon for a certificate lor a permit or for an emigration clearance' 40 , (e) the manner in which different inquiries required to be him under this act may be held; 5 (f) the manner in which the amount of security for securing the due performance of the terms and conditions of the certificate or permit or for compliance with the prdvisions of thi:; act shall be furnished: (g) the manner of verifying or authenticating documents atld copies of documents for the purposes of this act: (h) the procedure to be followed in hearing an appeal preferred to the central governmentj 10 (i) the fees to be paid in respect of applications and other matters under this act; (j) the charges which a recruiting a~ent may recover from an emigrant in respect' of services rendered and the iicales and limits of such charges;' (k) the terms and conditions subject to which a cert:ficate or permit or an ·emigration clearance may be issued under this act; (l) the period' of the validity of a certificate or a permit issued under thi's act; 0 (m) the authority compe~ent to extend the period of valid of ll permit or to forfeit security or to require additjonal security or fresh security under this act; (71) the accommodation, the provisions, the medical stores and staff, the life saving and sanitary arrangements and other provisions , and arrangement for the well-being, security and protection of emigrants which shall be provided and the records which shall be maintained in any emigrant conveyance; (0) any other matter which is required to be, or may be, prescribed notifications and rules to be laid before parliament 30 44 every notification issued under section 30, section 31 or section 32 and every rule made under section 43 shall be laid, as soon as may be after it is issued or 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 t\le expiry 95 of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the notification or the rule or both houses agree that the notification or the rule should not be issued or made, the notification or the rule shall thereafter have effect only in such' modified form or be of no effect, as the to case may be; so, howevci', that any such modifi~ation or annulment shall be without prejudice to the validiiy of anything previously done under that notification or rule - :1 the emigration act, 1922" is hereby repealed repeal of act t otl922 statement of objects and reasonsthe emigration act, 1922 which governs the regulation of emigration of skilled and unskilled workers from india was tailored to meet the requirements of a different era and has gradually ceased ~o be an effective regulatory instrument during"the past five years or so, with the'rapid1y increasing flow of indian workers to foreign countries for emp10yment purposes, the subjec: emigration has become a matter qf, increasing concern both for government' and the public in general the goverrtment had initiated a system of registration of recruiting agents and laid down certain minimum terms and conditions of service on which emigration of different categories of workers was to be allowed the supreme court in its order dated 20th march 1979 in the case of kanga and others 'versus the union of india laid down four basic conditions according to which emigration of indian workers was to be regulated until the passage of a new legislation on the subject this order was issued on the basis of information provided to the supreme court that government was in the process of introducing a new legislation on the subject which was expected to be finalised by july, 1979 this, however, could not be accomplished and on aug·ust 21, 1979, the supreme court reiterated that emigration applications will be, proce~sed in accordance with the conditions laid down earlier and that no new conditions should be imposed by the government except by new legislation or rules following the supreme court order of august, 1979, which, in effect, took away from the government the power to scrutinise terms and conditions of indian workers emigrating abroad for employment, action had been taken to bring legi~lationfor the purpose the present bill is the culmination of these efforts 2 the following are the salient features of the bil1:-(i) no indian citizen (unless exempted) can leave india for taking up abroad work as defined in the bill without obtaining a certitlcate of emigration clearance from the protector of emigrants (ii) an emigrant worker can be recruited for a job in a foreign country either by a recruiting agent registered under the act or by an employer, subject to his being permitted to do so under the act (iii) no prior scrutiny of applications for registration of agents is required registration of recruiting agent has been made subject to an affidavit, an undertaking and an amount of security which shall not be less than rupees one lakh when a certificate issued to a pers?n has been cancelled, ,he shall not be eligible to make any applica- bon for another certificate until a period of two )"ears from the' date of ·such cancellation , (iv) the decisions of the specified authorities ,in regard to cancellation, suspension and rejection qf permits, registration and other matters are appealable to the central government (v) taking into account the concern expressed at varioul forums on the matter of exploitation of emigrants by recruiting agents and employers, provision has been made for offences of this nature and punishment by way of imprisonment up to a period of two years and fine up to two thousand rupees have been provided in the bill (vi) provision has been made for the repeal of the emigration act, 1922 3 the bill seeks to achieve the above objects veerendra patil new delhi; the 18th july, 1983 clause 2 gives the definition of words and phrases used in the bill sub-clause (1) (d) defines an emigrant as a citizen of india who intend's to emigra~e or emigrates or has emigrated but excludes a dependent of such emigrant and persons who have resided outside india for n01 less than 3 years aher attaining the age of 18 years definition of 'work' covers particularly un'skilled, semi-skilled and skilled occupations clause 3 specifies the emigration authorities under the act provision is made for the central government to appoint at the apex level a protector general of emigrants and at the field level as many protectors of emigrants as it deems fit clouse 4 gives the general duties of the protector of emigrants which includes protecting, aiding and advising emigrants and intending emigrants and administration of the provi'sions of the act clause 5 gives power to the central government to authorise any person to perform all or arty of the functions of a protector of emigrants clause 6 empowers the central government to set up emigration check-posts for preventing or checking the contravention of the' provisiam; of the act and to appoint a central government or stafe government officer to be in charge of a check-post subject to the control of the protector of emigrants within whose jurisdiction the check-post is situated clause 7 gives power to the central government to appoint other emigration officers and staff to assist the protector general of emigrants clause 8 declares all emigration officers to be public servants under section 21 of the indian penal code clau,,'1e 9 provides for the appointment of a registering authority, who may be the protector general of emigrants or any other officer of the central government of a rank higher than that of a protector of emigrants -clause 10 makes it obligatory for the recruiting agent to commence or carryon the business of recruitment only on the ba'sis of a valid certificate of registration in the case of a recruiting agent who is carrying on such business at the commencement of the act, 'b period of one month has been provided fer hlm -to make' an application for a certificate and if he does so, he is allowed to carryon such busines's till the disposal of such application by the registering authority ~' ~~ -bause 1 i specifies the procedure for making an application for th6 issue of a certificate of registration the procedure aims at achieving an automatic system of registration based on furnishing by the applicant of all re~evant information, fees and an affidavit as to the financial standing of the applicant the only restriction is that on being found eligible, the applicant has to deposit an amount of security of not less than 1 lakh 6f rupees within a period of one month from the date the registering authority requires him to do so cla'use 12 provides that the form of a certificate of registration, the period of iti validity and the terms and conditions subject to which it 'shall be issue,d will be provided for by the rules clause 13 gives the procedure and conditions for the renewal of registration, clause 14 outlines the circums1!ances in which a registration certificate may be cancelled or suspended it provides that where a certificate issued to any person has been cancelled under any of the grounds mentioned therein, such person 'shall not be eligible to make any application for another certificate until the expiry of a period of two years from the date of such cancellation clause 15 (1) empowers the central government to appoint a !:ompetent authority who may be the protector general of emigrants or an officer higher in rank than the protector of emigrants for issuing permits to employers wishing to recruit persons for employment outside india directly, without the intervention of a recruiting agent subclause (2) provides that the central government may appoint any person employed under that government in any country or place outside india to exercise the powers of the competent authority and issue permits to employers who are not citizens of india for the purpose of recruiting any citizen of india for employment in such country or place clause 16 provides that an indian citizen can be recruited for a job abroad either through a recruiting agcnt or through an employer holding a permi,t issued by the competent authority clause 17 gives the procedure for obtaining permits sub-clause (3) thereof provides the grounds for rejecting an application for a permit these include incomplete information in the application for permit, discriminatory or exploitative terms and conditions of employment offered to recruits work for which recruitment is being made being unlawful according to ,the' laws in india, or offends public policy, or violative of norms of human dignity and decency, etc the competent authority shall, however, record in writing, his rca'sons for rejecting an application which shall normally be furnished to the applicant clause 18 provides tha't the permit will·be valid for a period, not exceeding one year, as may be prescribed by rules from the date of issue or till the recruitment is completed, whichever is earlier, subject to extension for a period not exceeding three months at a time for sufficient cause clause 19 prescribes that any permit obtained from a person authorised to exercise the powers of the competent authority outside india shall not be valid unless a certified copy thereof is filed with the protector general of emigrants clause 20 makes the provisions relating to cancellation and suspension of certificates under section 14 applicable to cancellation and suspension of permits with necessary modifications clause 21 empowers the central government to exempt any class or classes of employers from the requirement of obtaining a permit if it· is necessary or expedient so to do in the public interest clause 22-sub-clause (1) to (4) of this clause prohibit emigration by any citizen of india without obtaining an emigration clearance from the protector of emigrants and lays down the procedure for making an application therefor and its grant by the protector of emigrants sub-clause (5) lays down the grounds on which the protector of emigrants may reject an application for emigration clearance clause ·23 provides for appeals to the central government against the orders passed by various authorities under the act clause 24 lists out the offences under the act, which includes cheating of an emigrant, and provides for punishment for ali such offences with imprisonment for a term which may extend to two years and fine which may extend to two thousand rupees clause 25 provides for the commission of offences 1,ulder the act by companies clause 26 makes all the offences under the act cegnizable clause 27 provides that no prosecution shall be instituted against any person in respect of any offence under the act without the previous sanction of the central government clause 28 provides that the award of punishment for an offence under the act shall be without prejudice to any other action which has been or which may be taken under the act for such contravention clause 29 gives power to the protector of emigrants to determine as to whether a person is an emigrant or not in cases where such a question arises cause 30 gives power to the central government to prohibit emigration to any country in the interests of the sovereignty and integrity of india, the security of india, friendly relations of india with any foreign country or in the int(!rests of the general public clause 31 gives power to central government to prohibit emigration to a country in cases of outbreak of epidemics, civil disturbances, etc, in that country for a period not exceeding six months at a time crause 32 gives power to the central government to prohibit emigration of any class or category of persons in the interests of the general public clauses 33 and 34 make provision as to determination of the amc1tnt of security or financial provision required to be made under the act and for the refund of such security clause 3!l provides that the power<; conferred on officers of customs with regard to the powers of search, seizure, detention of persons, conveyances, etc by the customs act may be exercised by officers of customs, and emigr~tionofficers in regard to the offences under the act clause 36 provides for the mainten:ance of certain registers by the recruiting agent and the furnishing of certain returns the emigration at'olthorities will also have the power to call for any return and to inspect any register or record mentioned by the recruiting sgent clouse 37 provides that emigration authorities shall kave certain powers of civil court clause 38 gives power to the central government to gi'·e directions to emigration authorities clause 39 provides that the provisions of the act shall be in addition to, and not in derogation of, any other law in force clause 40 outlines the principles of delegation clause 41 gives power to the central government to exempt, by notification, any foreign dignitary, class of foreign employers etc, from the operation of all or any of the provisions of the act if it is necessary or expedient in the public interest to do so clause ·1,2 specifies that the act shall not apryly to emigrants who are not citizens of india and those who were recruited under the foreign recruiting act, 1874 clause 43 empowers the central government to make rules to carry out the provisons of the act clause 44 specifies that 'notifications and rules issued or made under the act shall be laid before parliament clause' 45 repeals the emigration act, 192~~ clause 3 provides for appointm~nt by the central governmen~ of a protector general of emigrants and as many protectors of emigrants as it deems fit for the purposes of the act clause 6 provides for the establishment of emigration check-posts at such places as may be specified by tho! cenlral government clause 7 provides for the arpointment by the central government of such other emigration officers and employees as it may think fit to assist the protectors of emigrants nnd the protector general of emigrants in the performance of their duties under the ac~ the aforementioned provisions of the bill involve expenditure of a recurring and non-recurring nature the exact quen:um of such expendihtre cannot be stated acc\lrately at this stage however, for maintaining the existing set-up which ~il1, immediately ~m e'lactment of the bill, take over the administrative burden, an annual recurring expenditure of about 6 lakhs is projected 2 the bill does not involve any other expenditure ', " clause 43 of the bill seeks to empower the central government to make rules for carrying out the provisions of the act the matters in respect of which rules may be made, inter alia, relate to the powers and duties of officers appointed for the purposes of the act and the terms and condition's of their service; the form of the certificate or permit and applications for the issue, tetc, of such certificates, permit or emigration clearance to be issued under the act; the manner and fonn of authorisation for emigration clearance; the particulars to be contained in 'an application for a ce~tificate or permit or emigration clearance; the manner in which enquiri~g under the act may be held: the manner of verifying or authenticating documents; the form and procedure to be followed in hearing an appeal preferred to the central government; fees to be p3id in respect of applic4tions and other matters under the act; the charges which recruiting agents may recover from an emigrant; the terms and conditions subject to which a certificate, permit or emigration clearance may be issued; the period of validity of a certificate or permit and any other matter which is required to be prescribed by rules 'under the act, 2 clause 21 of the bill seeks to empower the central government to exempt by notification in the official gazette' any class or classes of employers from obtaining a permit under the act 3 clauses 30 and 31 of the bill seek to empower the central government to prohibit by notification in the official gazette emigration to any country specified in the notification while the power to prohibit under clause 30 can be exercised having regard to the sovereignty and integrity of india, security of india, friendly relations of india with any foreign country and the interests of the general public, the power under clause 31 can be exercised on grounds such as outbreak of epidemics or civil disturbances or on the ground of absence of diplomatic relations between such country and india clause 32 seeks to empower the central government to prohibit, by notification, emigration of any class or category of persons having regard to their age; sex or other relevant factors to eny country specified in the notification it has been provided that a notification prohibiting emigration under any of these clauses shall have efff'ct for such period, not exceeding six months, as may be specified in the notification in other words, the prohibition would be only for a temporary period -4 clause 40 seeks to empower the central government to delegate nnv of the powers and functions that may be performed by it under the" act to the registering authority, a competent wthority or such other offirer or suthority 'subordinate to the central government or to any state government or, in a foreign country where there is no diplomatie mission of india, to a foreign consular office 5 power is also given to the central governme~t under clause 41 to exempt public undertakings, foreign dignitaries, foreign employ-s, etc, from the operation of all or any of the provisions of the act 6 the various mattera in respect of which powers are proposed to be delegated to the central government under the aforementioned provisions of the bill pertain t8 matters of administrative detail or procedure or to matters fot which it is not practicable to make any provision in the bill the delegation of legislati'(e power is, therefore, of a normal character a bill to consolidate and amend the law relating to emigration of citizens of india (shri veerendra patit, minister of labour dnd nehahilitation) | Parliament_bills | bfe919e7-150d-5d45-804f-4c0195cf9d34 |
bill no 208 of 2016 the renewable energy (promotion and compulsory use) bill, 2016 byshri bhairon prasad mishra, mpa billto provide for the promotion and greater exploitation of renewable energy available from sources like solar heat, wind, biogas, urban waste, tides, waves or geothermal sources by making its use compulsory by certain establishments and households in order to reduce the over dependence on fossil fuels for energy needs resulting in global warming, noxious emissions and ecological and climatological imbalances and to protect the environment and for the establishment of a board for the purpose and for matters connected therewith or incidental theretobe it enacted by parliament in the sixty-seventh year of the republic of india as follows:—extentact, 2016(2) it extends to the whole of indiadefinitions2 in this act, unless the context otherwise requires,—(a) "appropriate government" means in the case of a state, the government of that state and in all other cases, the central government;5(b) "board" means the national renewable energy promotion board constituted under section 4;(c) "establishment" includes all offices of public and private sector, hotels of all kinds, restaurants, eating joints, shopping malls, multi-storey buildings, departmental stores, hospitals, nursing homes, clinics, schools, colleges and universities, banks, railway stations and airports;10(d) "prescribed" means prescribed by rules made under this act; and (e) "renewable energy" means energy or power derived from non-conventional energy sources such as sun, wind, animal dung, geothermal sources, tides or waves, carbon waste and garbage or any other sources from which the renewable energy can be obtained153 it is hereby declared that it is expedient in the national and public interest that central government shall take under its control the promotion and development of the renewable energy generation and take appropriate measures in that directioncentral government to take control of promotion and development of renewable energy204 (1) the central government shall, within six months of the commencement of this act, by notification in the official gazette, constitute a board to be known as the national renewable energy promotion board for carrying out the purposes of this actestablishment of the national renewable energy promotion board(2) the board shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power to acquire, hold and dispose of property both movable and immovable and to contract and shall by the said name sue and be sued25(3) the head office of the board shall be at new delhi and the board may establish offices at conspicuous places in all the states and union territories in the country for carrying out the purposes of this act(4) the board shall consist of—30(a) a chairperson who shall be an expert scientist having enough professional experience and profound knowledge in the field of renewable energy to be appointed by the central government;(b) a deputy chairperson having such qualification and experience, as may be prescribed to be appointed by the central government;(c) five members of parliament of whom three shall be from lok sabha and two from rajya sabha to be nominated by the respective presiding officers of both houses;35(d) five members to represent the central government of the ministries of finance,environment and forests, science and technology, planning, new and renewable energy, respectively, to be appointed by the central government;40(e) three members to represent non-governmental organizations working forpromotion of new and renewable energy in the country to be appointed by the central government; and45(f) four members to be nominated by the governments of the states to be rotated amongst the states in alphabetical order (5) the term of office of the chairperson, deputy chairperson and members of the board and the procedure to be followed by the board in discharge of its functions shall be such as may be prescribed(6) the board shall be assisted by a secretariat with such number of officers and staff and with such terms and conditions of service as may be prescribedfunctions of the board5 (1) the board shall formulate a comprehensive new and renewable energy policy with its goals and execution plan so as to accelerate the promotion and development of renewable energy and to minimize the dependence on fossil fuels for energy production5(2) without prejudice to the generality of the provision of sub-section (1), the board shall—(a) support and encourage research and development to promote renewableenergy through government and private sector participation involving all major research laboratories and centres in the country;10(b) disseminate information about the developments made abroad in the field ofrenewable energy;(c) develop indicative standards of renewable energy; (d) facilitate quick technology transfer and adoption of renewable energy;15(e) facilitate infrastructure development of renewable energy in rural areas; (f) make provision for small biomass based energy systems for rural areas, promotedung based individual and community biogas plants, reduce dependence of firewood and encourage lighting in streets and other places through solar energy and setting up of wind power projects;20(g) suggest ways for conversion of fossil fuel based industrial heating to solarthermal heating through solar concentrator technology or its hybrids;(h) suggest educational and other policy initiatives for renewable energy in thecountry;25(i) create interactive web based resource maps of different renewable technologiesto facilitate speedy project development and market expansion;(j) undertake such other activities as may be assigned to it by the centralgovernment from time to timemiscellaneous provisions306 (1) notwithstanding anything contained in any other law for the time being in force, the appropriate government shall, in consultation with the board, take the following measures to promote the use of renewable energy:(a) make use of photovoltaic energy compulsory in establishments; (b) make time bound provision for introducing solar water heating system inestablishments;35(c) set time bound mandate for promotion of biomass energy systems in thecountry;(d) reserve adequate land for setting up of renewable energy projects; and (e) make it mandatory for electricity utilities for compulsory purchase of electricityfrom renewable energy producing units40explanation—for the purposes of this sub-section, "establishment" means such places, as the appropriate government may, by notification in the official gazette, specify45(2) it shall be the duty of the appropriate government to make available the necessaryapparatus, equipment and other infrastructure either free of cost or at subsidized rates to the establishments and individuals to enable them to tap and make maximum use of renewable energy sources and for this purpose shall promote the industrial units manufacturing such apparatus and equipment by extending various incentives, concessions and infrastructure facilities(3) it shall be compulsory for every establishment to use the renewable energy to theextent possible5(4) the appropriate government shall, as soon as may be, identify the exploited sources of renewable energy in its territorial jurisdiction and send project reports to the board which shall depute a team of experts to the concerned state or union territory, as the case may be, to verify and assess the possibility of exploiting renewable energy sources as per the claim of that government(5) the board shall on the basis of the report of the team of experts work out the likely expenditure on the projects and recommend to the appropriate government to implement the projects in a time bound manner10(6) the board shall submit to the central government such other projects and programmes for the optimum exploitation of renewable energy sources as it may deem necessary and expedient for the purposes of this actpenalty7 (1) whoever contravenes any provisions of this act shall be guilty of an offenceunder this act1520(2) where an offence under this act is committed by any establishment is proved to have been committed with the consent or connivance of or is attributable to any neglect on the part of any director, chief executive, secretary or other such officer of the establishment or any person who was purporting to act in any such capacity, he as well as the establishment shall be guilty of that offence and shall be punished with simple imprisonment which may extend to three months or with fine which shall not be less than five lakh rupees but may extend to ten lakh rupees or with bothannual report8 (1) the board shall prepare once in every calendar year in such form as may beprescribed an annual report giving a true and full account of its activities during the previous year and shall forward it to the central government25(2) the central government shall, as soon as possible, lay the report before each house of parliament9 the central government shall, after due appropriation made by parliament by law in this behalf, provide requisite funds to the board, the government of the states and the union territory administrations for carrying out the purposes of this act30central government to provide funds power to remove difficulty10 (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 provision, not inconsistent with the provisions of this act, as appear to it to be necessary to 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 commencement of this act35(2) every order made under this section shall, as soon as may be after it is made, be laid before both the houses of parliamentpower to make rules11 (1) the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act4045(2) every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both the houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule statement of objects and reasonsa world summit was held at copenhagen, denmark to find out ways to save the earth from the effects of carbon emission resulting in global warming although no foolproof solution could be finalized but the fact remains that global warming is being caused by human activities mainly due to burning of fossil fuels which releases greenhouse gases carbon dioxide emissions have increased manifold due to rising consumption of energy particularly coal, petroleum products and firewood by the ever increasing world population this has put the world on the danger map and if concrete measures are not taken, the coastal areas of the world will submerge in the sea water and many small countries will be wiped out from world mapfor this transition, low carbon economy has to be adopted by massive development of new and renewable energy for the protection of our environment in our own country, due to ever increasing population and over dependence on fossil fuels, we have invited ecological disaster jungles are being vanished due to over use of wood as firewood in the chulhas and making furniture, doors, windows, etc the country is importing petroleum products on a large scale by spending precious foreign exchange the demand for fuel and power is increasing day by day therefore, we have to take steps to promote the use of renewable energy sources to meet the demands of future energyfortunately we have very vast potential of renewable energy but, unfortunately, we have not tapped this potential so far at the anticipated level there is enormous wind power potential so is the solar energy the desert areas have the requisite solar radiation for producing concentrating solar power (csp) a 60km x 60km area can produce one lakh mega watt of power and our country has a desert area of 208110 square kilometer in the states of rajasthan and gujarat alone which if tapped can produce enormous power the country is also capable of producing bio-fuels hence, we have to adopt greater use of renewable energy sources which are considered to be non-polluting and eco-friendly the use of renewable energy sources, therefore, has to be made compulsory for all establishments and households for this a national board needs to be established to promote and develop the use of renewable energy resources in the countryhence this bill financial memorandumclause 4 of the bill provides for the establishment of the national renewable energy promotion board clause 9 makes it obligatory for the central government to provide requisite funds to the board, state governments and union territory administrations 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 sum of rupees two hundred crore may be involved as recurring expenditure per annuma non-recurring expenditure of about rupees two hundred crore is also likely to be involved memorandum regarding delegated legislationclause 11 of the bill empowers the central government to make rules for carrying out the purposes of the bill as the rules will relate to matters of detail only, the delegation of legislative power is, therefore, of a normal character———— a billto provide for the promotion and greater exploitation of renewable energy available from sources like solar heat, wind, biogas, urban waste, tides, waves or geothermal sources by making its use compulsory by certain establishments and households in order to reduce the over dependence on fossil fuels for energy needs resulting in global warming, noxious emissions and ecological and climatological imbalances and to protect the environment and for the establishment of a board for the purpose and for matters connected therewith or incidental thereto————(shri bhairon prasad mishra, mp) | Parliament_bills | 4768ebbe-ffe1-502d-b0bd-88f2469f3752 |
te (1) any person remaining in possession of any requisition- eviction from requisi_ tioned premises €d premises in contravention of any order made under section 7a may be summarily evicted from the premises by any officer empowered by the central government in this behalf (2) any officer so empowered may, after giving to any woman 5 not appearing in public reasonable warning and facility to withdraw, remove or open any lock or bolt or break open any door of any building or do any other act necessary for effecting such eviction, : release of preif (1) when any premises recuisitioned under section 7a are 10 'from requisition to be released from requisition, the possession thereof shal] be delivered to the person from whom possession was taken at the time when the premises were requisitioned, or if there were no such person, to the person deemed by the central government to be the owner of such premises, and such delivery of possession shal] be a 15 full discharge of the central government from all liabilities in respect of suc delivery, but shall not prejudice any rights in respect of the premises which any other person may be entitled by due process of law to enforce against the person to whom possession of the premises is so delivered 20 (2) where the person to whom possession of any premises requisitioned under section 7a is to be given under sub-section (1) cannot be found or is not readily ascertainable or has no agent or any other person empowered to accept delivery on his behalf, the central government shall cause a notice declaring that such pre- 25 mises are released from requisition to be affixed on some conspicuous part of such premises and publish the notice in the official gazette (3) when a notice referred to in sub-section (2) is published in the official gazette, the premises specified in such notice shal] 30 cease to be subject to requisition on and from the date of such publication and be deemed to have been delivered to the person entitled to possession thereof, and the central government shall not be liable for any compensation or other claim in respect of such premises for any period after the said date 35 delegation of functions 7g the central government may, by notification in the official gazette, direct that any powers conferred or any duty imposed on that government by any of the provisions of sections 7a to 7f shall, under such conditions, if any, as may be specified in the direction, be exercised cr discharged by such officer as may be 40 specified, oe of the central government with, regard to requisitioning th if any person contravenes any order made under sectionpenalty for contravention of 7a or section 7c, he shall be punishable with imprisonment for a term which may extend to one year or with fine or with both'any order regarding requisitioning 6 in section 8 of the principal act, in sub-section (1), for the words "state government", the words "central government" shall be substituted 7 in section 10 of the principal act, in sub-section (1), for the 5 words "state government" at both the places where they occur, the words "census commissioner" shal! be substituted 8 in section 11 of the principal act, in sub-section (1) - (i) for part (a), the following parts shall be substituted, namely: - 10 "(a) any census officer or any person lawfully required to give assistance towards the taking of census who refuses to perform any duty imposed upon him by | this act or any rule made thereunder, or any person who hinders or obstructs another person in performing any such duty, or 15 "(aa) any census-officer or aby person lawfully required to give assistance towards the taking of a census who neglects to use reasonable diligence in performing any duty imposed upon him or in obeying any order issued to him in accordance with this act or any rule made thereunder, or any person who hin- 20 ders or obstructs another person in performing any such duty or obeying any such order, or"; (ii) after part (c) the following part shall be inserted, namely:— (ca) any local authority which fails to comply with an 25 order made under section 4a, or"; (iii) for the brackets, letters and words "(b) or (c) shall also be punishable with imprisonment which may extend to six months", the brackets, letters and words " (a), (b) or (c) shall also be punishable with imprisonment which may extend to 30 three years" shall be substituted, 9 for section 12 of the principal act, the following section shall be substituted, namely:— tof 1974 "12 without prejudice to the provisions of section 197 of the code of criminal procedure, 1973, no prosecution under this act 35 shall be instituted except with the previous sanction,— (a) in the case of a person who is employed or was at the time of commission of the alleged offence employed— 1 of 195 (i) in a company as defined in section 3 of the companies act, 1956, in which not less than fifty-one per cent of 40 the paid-up capital is held by the central government or any company which is a subsidiary thereof within the meaning of that act, or (ii) by a corporation or a local authority established by or under a central act which is owned or controlled by 45 the central government, amend ment of section 8 amendment of section 10, amendment of section li substitution of new section for section 1 an sanction required for prosecutionsof the central government or of an authority authorised in th behalf by that government; and guia : (b) in the case of a person other than referred to in clause (a) of the state government" insertion 10 after section 13 of the principal act, the following section shall 5- be inserted, namely:— of new section i13a, certain offences "13a (1) notwithstanding anything contained in the code of criminal procedure, 1973, no police officer or court shall take cognizance of any offence under part (a), (b) or (c) of sub-section (1) of section 11, except upon information received from or on a com- 10 plaint made by, as the case be, the director of census uperations to be cognizaable and triable summarily, or any officer authorised by him in this behalf" (2) notwithstanding anything contained in the code of criminal procedure, 1973, every offence punishable under part (a), (b) or (¢) of sub-section (1) of section 11 may be tried summarily", 15 amend ment of section 14 11 in section 14 of the principal act, for the words "presidency magistrate or a magistrate of the second class", the words "metropolitan magistrate or a judicial magistrate of the first class" shall be substituted 12, after section 15 of the principal act, the following sections shall be inserted, namely:— 20 insertion of new sections 15a and 15b "154 no member of the census staff shall suffer any disability in service by reason of his being on census duty and the period spent by him on such census duty shall be deemed to be the duty under his lending employer and any duty performed under this act shall not in any manner affect the right of promotion or other advancement in protection of service interests of members of census his original service, staff 15b no suit, prosecution or other legal proceeding shall lie against the census commissioner or any director of census opera- protection of action taken in good faith tions or any sensus-officer or any member of the census staff for anything which isin good faith done or intended to be done under this 30 act or the rules made thereunder", amendment of section 17: 13 in section 17 of the principal act, for the opening portion beginning with the words "the census commissioner" and ending with the words "authorise in this behalf", the words "subject to the provisions of section 15, the census commissioner or any director 35 of census operations" shall be substituted é25 14 after section 17 of the principal act, the following section shall ' be inserted, namely: - "17a the central government may, by notification in the official gazette, extend the provisions of this act, with such restrictions 5 and modifications as it thinks fit, to pre-tests, pilot studies, census of houses which precede the population count and post enumeration check and evaluation studies or statistical surveys or any other operation as may be deemed necessary for the purpose of census"' 15 in section 18 of the principal act, in sub-section (2), the words 10 "and providing for the manner of service of orders regarding requisitioning of premises, or vehicles; vessel or anima] and the time within which the application may be made to it by any interested person aggrieved by the amount of compensation determined under section 7b for referring the matter to an arbitrator" shall be added at the end insertion of new section 17a power to extend the provisions ef act to other operations, amendment of section 18 statement of objects and reasonspopulation census in india is normally conducted once in every 10 years under the census act, 1948 during the 1981 and 1991 census operations it was experienced that the problems needing to be tackled could not be coped with as per the existing provisions of the act some of these problems are the local authorities do not often readily agree te make available the staff required for census work; the staff so appointed do not perform their duties seriously; the census officials are sometimes subjected to great pressure by organised movements to record particular responses in respect of language or caste and there are difficulties in procurement of vehicles and buildings for the conduct or census, etc having regard to the aforesaid difficulties, it has been found neces sary to amend the census act with a view to— {a) make it obligatory upon every local authority to make available the staff necessary for taking census, {b) protect the legitimate service interests of the persons deployed on census duty, (c) to incorporate, for census purposes, certain provisions on the lines of the provisions of the representation of the people's act, 1951 (43 of 1951) relating to requisitioning of premises or vehicles (d) specify enhanced penalties for certain offences such ag refusal of performance of duties by designated census officers or causing of obstacle to any person in performance of such duties or putting any offensive or improper question or making false disclosure or removing secreting, damaging or destroying the census documents these are proposed to be made cognizable offences so that such offences may be punished by imprisonment for a term up to three years or fine or both, and 2 the bill seeks to achieve the above objects new detm; the 25th november, 1992s b chavan clause 5 of the bill seeks to insert new sections 7a 'to th in the census act, 1948 the new section 7b provides for the payment to be made by the central government for requisitioned premises, or vehicle, vessel or animal, the expenses to be incurred in connection with payment of such compensation would be met from the consolidated fund of india, presently it is not feasible to estimate as to how much amount will be required for meeting such expenses the aforesaid expenditure will be met from the budgetary grants of the ministry of home affairs 2 no expenditure of a non-recurring nature in involved annexure extracts from the census act, 1948| | | | (37 | or | 1948) ||----------------|-----------|-----------|----------------|-----------|-----------|| | | : | + | | || 2 | any | reference | in | this | act || evidence | act, | 1872, | shall, | in | relation || be | construed | as | a | reference | to || that | state | | | | || | | | | | || 4 | (1) | | x | fs | ps || (2) | the | state | government | may | appoint || take, | or | aid | in, | or | supervise || local | area | and | such | persons, | when || accordingly | | | | | || | | | | se | || 8 | (1) | a | census-officer | may | ask || in | | | | | || the | | | | | || limits | | | | | || of | | | | | || the | | | | | || local | | | | | || area | | | | | || for | | | | | || which | | | | | || he | | | | | || is | | | | | || appointed | | | | | || as, | | | | | || by | | | | | || instructions | | | | | || issued | | | | | || in | | | | | || this | | | | | || behalf | | | | | || by | | | | | || the | | | | | || state | | | | | || government | | | | | || and | | | | | || published | | | | | || in | | | | | || the | | | | | || official | gazette, | he | may | be | directed || | | | | | || 16 | | | | | || (1) | | | | | || subject | | | | | || to | | | | | || such | | | | | || orders | | | | | || as | | | | | || the | | | | | || state | | | | | || government | | | | | || may | | | | | || issue | | | | | || in | | | | | || this | | | | | || behalf, | | | | | || a | | | | | || census-officer | | | | | || may, | | | | | || within | | | | | || the | | | | | || local | | | | | || area | | | | | || for | | | | | || which | | | | | || he | | | | | || is | | | | | || appointed, | | | | | || leave | | | | | || or | | | | | || cause | | | | | || to | | | | | || be | | | | | || left | | | | | || a | | | | | || schedule | | | | | || at | | | | | || any | | | | | || dwelling-house | | | | | || or | | | | | || with | | | | | || the | | | | | || manager | | | | | || or | | | | | || any | | | | | || officer | | | | | || of | | | | | || any | | | | | || commercial | | | | | || or | | | | | || industrial | | | | | || estab- | | | | | || lishment, | | | | | || for | | | | | || the | | | | | || purpose | | | | | || of | | | | | || its | | | | | || being | | | | | || filled | | | | | || up | | | | | || by | | | | | || the | | | | | || occupier | | | | | || of | | | | | || such | | | | | || house | | | | | || or | | | | | || of | | | | | || any | | | | | || specified | | | | | || part | | | | | || thereof | | | | | || or | | | | | || by | | | | | || such | | | | | || manager | | | | | || or | | | | | || officer | | | | | || with | | | | | || such | | | | | || particulars | | | | | || as | | | | | || the | | | | | || state | | | | | || government | | | | | || may | | | | | || direct | | | | | || regarding | | | | | || the | | | | | || in- | | | | | || mates | | | | | || of | | | | | || such | | | | | || house | | | | | || or | | | | | || part | | | | | || thereof, | | | | | || or | | | | | || the | | | | | || persons | | | | | || employed | | | | | || under | | | | | || such | | | | | || manager | | | | | || or | | | | | || officer, | | | | | || as | | | | | || the | | | | | || case | | | | | || may | | | | | || be, | | | | | || at | | | | | || the | | | | | || time | | | | | || of | | | | | || the | | | | | || taking | | | | | || of | | | | | || the | | | | | || census | | | | | || | | | | | || | | | | | || | | | | | || | | | | | || | | | | | || 11 | | | | | || (1) | | | | | || (a) | | | | | || any | | | | | || census-officer | | | | | || or | | | | | || any | | | | | || person | | | | | || lawfully | | | | | || required | | | | | || to | | | | | || give | | | | | || assistance | | | | | || towards | | | | | || the | | | | | || taking | | | | | || of | | | | | || a | | | | | || census | | | | | || who | | | | | || refuses | | | | | || or | | | | | || neglects | | | | | || to | | | | | || use | | | | | || reasonable | | | | | || diligence | | | | | || in | | | | | || performing | | | | | || any | | | | | || duty | | | | | || imposed | | | | | || upon | | | | | || him | | | | | || or | | | | | || in | | | | | || obeying | | | | | || any | | | | | || order | | | | | || issued | | | | | || to | | | | | || him | | | | | || in | | | | | || accordance | | | | | || with | | | | | || this | | | | | || act | | | | | || or | | | | | || any | | | | | || rule | | | | | || made | | | | | || thereunder, | | | | | || or | | | | | || any | | | | | || person | | | | | || who | | | | | || hinders | | | | | || or | | | | | || obstructs | | | | | || another | | | | | || person | | | | | || in | | | | | || performing | | | | | || any | | | | | || such | | | | | || duty | | | | | || or in | | | | | || obeying | | | | | || any | | | | | || such | | | | | || order, | | | | | || or | | | | | || rule | of ||------------|---------|| construc- | || tion | || respect- | || ing | enact- || ments | || not | ex- || tending | to || jammu | || and | || kashmir | || appoint- | || ment | || of | census || staff | || asking | of || questions | || and | || obligation | || to | answer, || occupier | || or | || manager | || to' | fill || schedule | || penalties | |shall be fully punishable with fine which may extend to one tho asand tupees and in case of a conviction under part (b) or (c) shall also be punishable with imprisonment which may extend to six months (2) whoever abets any offence under sub-section (1) shall be punishable with fine which may extend to one thousand rupees sanction required for prosecutions 12 no prosecution under this act shall be instituted except with the previous sanction of the state government or of an authority authorised in this behalf by the state governmen 7 ca jurisdiction 14 no court inferior to that of a presidency magistrate or a magistrate of the second class, shall try, whether under this act or under any other law, any act or omission which constitutes an offence under this act : : - grant of statistical 17, the census commissioner or any director of census operations or such person as the state government may authorise in this behalf may, abstracts if he so thinks fit, at the request and cost (to be determined by him) of any local authority or person, cause abstracts to be prepared and supplied containing any such statistical information as can be derived from the census returns for india or any state, as the case may be, being information which is not contained in any published report and which in his opinion it is reasonable for that authority or person to require 18 (1) the central government may make rules for carrying out the purposes of this act power to make rules (2) in particular, and without prejudice to the generality of the foregoing power, the central government may make rules providing for the appointment of census-officers and of persons to the form any of the duties of cnsus-officers or to give assistance towards the taking of a census, and for the general instructions to be issued to such officers and persons | Parliament_bills | d63aa6ec-2e4c-572f-bf92-a33923350f2c |
bill no 260 of 2017 the private healthcare sector (regulation of fees) bill, 2017 by shrimati darshana vikram jardosh , mp a billto regulate the fee charged for private healthcare services with a view to making them affordable for the common man and for matters connected therewith or incidental theretobe it enacted by parliament in the sixty-eighth year of the republic of india as follows:—1 (i) this act may be called the private healthcare sector (regulation of fees) act,2017short title, extent and commencement(ii) it extends to the whole of india5(iii) it shall come into force such date as the central government may, by notificationin the official gazette, appointdefinitions2 in this act, unless the context otherwise requires,—(a) "committee" means the special high power committee constituted under section 3;5(b) "diagnostic laboratory" means a place owned or run by an industrial or a group of persons or by private or corporate hospital where pathological tests or investigations are conducted;(c) "medical consultancy and other allied services" includes,—(i) consultancy by qualified medical practitioners concerning all aspectsof medical treatment/surgery whether in private clinics/hospitals or in the corporate hospitals;10(ii) all such pathological tests as are prescribed by the qualified doctorswhether in a private clinic or in a private and/or corporate hospital; and(iii) all such scanning or imaging services, namely, x-ray, ultra sound,mri, ct scan or any other new health treatment method employed in future whether in a private clinic or in a private/corporate hospital;15(d) "medical practitioner" means a person duly qualified and registered by themedical council of india and engaged in the business of consultancy and providing medical treatment to patients whether as a private practitioner or in a private or corporate hospital; and20(e) "prescribed" means prescribed by rules made under this act3 (1) the central government shall, by notification in the official gazette, constitute a committee to be known as the special high power committee to determine the fee charged by a private medical practitioner and private/corporate hospitals for providing medical treatment including charges levied for pathological tests, scanning and imaging25(2) the committee shall consist of—(i) the minister of health and family—chairperson,welfare government of india,ex-officio;constitution of the high power committee for regularization of charges by private healthcare services| (ii) chairperson of the department— | - | member; ||---------------------------------------------|-----|------------|| related parliament standing | | || committee on health and family welfare, | | || 30 | | || ( | | || iii | | || ) five representatives of private | - | members; || hospitals, laboratory including | | || government run hospitals/laboratory, | | || 35 | | || ( | | || iv | | || ) two representatives of | - | members; || non-governmental organisation in the health | | || sector, | | || ( | | || v | | || ) five representatives of medical | - | members; || practitioners, | | || 40 | | || ( | | || vi | | || ) one representative from each | - | members; || national political party, | | || ( | | || vii | | || ) the secretary to the government of | - | secretary, || india, ministry of health and family | | || ex-officio; | | || welfare | | || 45 | | |(3) the members referred to in clauses (iii), (iv) and (v) shall be appointed by the central government in such manner as may be prescribed(4) the members referred to in clause (vi) shall be appointed by the central government on the recommendation of the respective political party4 the central government shall provide the committee such financial and other assistance as may be necessary for the efficient functioning of the committeecentral government to provide assistance to the committee5 the committee shall,—functions of the committee5(i) fix the fee to be charged by the medical practitioners from patients or anyother person/corporate paying on behalf of patient or health insurance providers either in their private clinics or in a private hospital/corporate hospital after taking into consideration such factors as may be necessary; and10(ii) fix the charges for the pathological tests and scanning/x-ray, after takinginto consideration the infrastructural and service inputs used in carrying out the tests6 (1) no medical practitioner, private or corporate hospital shall charge from anypatient the fee exceeding the fee fixed by the committeemandatory display of consultancy and other fees(2) it shall be mandatory for every medical practitioner/private or corporate hospitalor diagnostic laboratory to display the fee as determined by the committee in such manner as may be prescribed15penalty7 (1) whoever contravenes the provisions of this act shall be punished withimprisonment for a term which shall not be less than five years and with fine which may extend up to rupees fifty lakh20(2) where an offence under this act has been committed by a medical practioner/hospital/laboratory, the licence of such medical practioner/hospital/laboratory shall be cancelled forthwithpower to make rules8 (1) the central government may, by notification in the official gazette, make rules to carry 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 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 reasonswhile it is not practically feasible for the government to provide medical treatment facilities to each and every citizen of the country, every day there are cases coming to light when private hospitals and private medical practitioners charge undue fees from patients for treatment costs and other allied services like pathological tests, etc even, the insurance regulatory development authority (irda) has also voiced its concerns about higher charges levied by private/corporate hospitals, which is one of the major obstacles in expansion of health insurance sector in india and for development of medical tourism in our country the regulation of fee in private medical sector would be a right step in the direction of providing affordable and equitable healthcare services to all citizensit is, therefore, proposed to constitute a special high power committee to fix the medical and pathological and other test charges levied by medical practitioner, private hospital, corporate hospitals and clinicshence this billnew delhi;darshana vikram jardoshmarch 30, 2017 financial memorandumclause 3 of the bill provides for constitution of a special high power committee to regulate the fees charged by medical practitioner, private or corporate hospitals and clinics clause 4 provides that the central government shall provide financial assistance to the committee for its efficient functioning the bill, therefore, if enacted, would involve expenditure from the consolidated fund of india it is estimated that a recurring expenditure of about rupees one hundred crores per annum would be involved from the consolidated fund of indiano non-recurring expenditure is likely to be involved memorandum regarding delegated legislationclause 8 of the bill empowers the central government to make rules for carrying out the purposes of the bill as the rules will relate to matters of detail only, the delegation of legislative power is of a normal character———— a billto regulate the fee charged for private healthcare services with a view to making them affordable for the common man and for matters connected therewith or incidental thereto————(shrimati darshana vikram jardosh, mp)gmgipmrnd—438ls(s3)—20-12-2017 | Parliament_bills | 30e5e684-d0f4-5cb0-93dd-8dba1cc60bfd |
the high den<''imination bank notes (demonetisation) bill, 1978 l-to bel as introduced in ldk sabha 71 page 3, line 30,-t:2!: "47th " ~ "17th ti 2 page 7, line 12,-after ,ldenomination f1 insert '''bank'' 3 page 9, line 30,-!qr "rs 5000 11 ~ "rs1000 rs 5000" 4 page 13, line 18,-f21: "matte:r fl read "matte,s" 5 in the docket page,-new delhi, february ~ 1~za bill no 10 of 11'18 the high denomination bank notes (demonetisation·) bill, 1978 a billto ptovide in the publ:c interest fot the demonetilation of c'ttain high denomination bank notes and for mattets connected therewith or incidental thereto whereas the availability of high denomination bank notes facilitate the illicit transfer of money for financing transactions which are harmful to the national economy or which are fot illegal purpo~ arid it is there- fore necessary in the public interest to dernonetise hlgh denommation' bank notes; be it enacted by parliament in the twenty-ninth y·ear of the republic of india as follows:-1 (1) this act may be called the high denomination bank notes short (demonetisatfon) act, 1978 title, es1ent enci (2) it extends to the whole of india commence-' (3) it mall be deemed to have come into force on the 16th day of ment january, 19'78 (a) "bank" means-(i) a banking coropal1~' as defined iii c1auie (c) of section 5 of the banking regulation act 1949; 10 of 1949, (ii) the state bank of india constituted under the statf! ~ bank of india act, 1955; 23 of 195~, (iii) a subsidiary bank as df'fined in the state bank of india (subsidiary banks) act 1!159; 38 of 1969 (iv) a corresponding new bank constituted under section 3 of the banking companit's (acquisition and transfer of under-10 takings) act, 1970; 5 of 1970 (v) a regional rural bank established under sub-section (i) of section 3 of the regional rural banks act 1976; 21 of 1976 defined in section 2 of the (vi) a co-operative bank a<; reserve bank of india act, 1934, 15 2 of 1934 and includes every branch th~reof; (b) "bank notes" means the bank not~s issued by the reserve bank of india under section 22 of the reserve bank of india ad, 1934; 2ofl934 '" " '0 i \: ' ,-w,j '(e) "di&t;nctive number" in relation to a high denomination bank 20 note'· fuees'ffii: number includinl! thealphabetfebl arwl numerical prefixes appeartng nn the fil(,/,> nf'the note; (d) "high denomination bank i1nt,e" means a bank note of the denominational value of one thousand rupees, five thousand rupees or ten thousand rupees, issued by the reserve bank; 25 (e) "public sector bank" mean" ::l bank rf!ferrpd to in sub-clau88 (ii), (iii) or (iv) of clause (a); (1) "reserve bank" means the reserve bank of india constituted under the reserve bank of india act, 1934; 2 cd 1934 (g) "ich~duled, bank" means a public sector bank or any other 30 badk, ~ a bank, 'included in the second schedule to the reserve bank of india act, 1934;' :&:of 1984 (h) "state bank!' means the state bank of india constituted under the state bank of india' act 1955 ' 23 of 1958 hilh de-3 oft the e~piry of the 16th day of january, 1978, all high denomina- 3~ nomination tio,u bank notes shall, notwithstanding anything contained in section 26 qf bank notes the' reserve bank of india act 1934, cease to be legal tender in payment 2 ot 1914 ~ ~ or on account at any place, ~encl"" 4 save as provided by or under this act no person shall, after prqbibi: the 16th day of j'anuary, 1978, transfer to the possession of another person tion of or receive into his possession from another person any high denomination trans d fer an rebank note ceipt of hi,h denownatlou bank notes, 5 5 (1) ev:ry 'bank a'nd government treasury shall prepare and send to declata-'d d' this ti t shb' tion of the reserve bank in the manner provl e 10 sec ona re urn wmg hi h separately linder each denominational value the total value of high de- de~ominomination lank notes of that value held by it at the close of business on nation the 16th day of january, 1978 and the distinctive numbers of high de- benk notes )0 nomination bank notes of that value: bydbanks811 ao v-provided that a bank or a government treasw'y in which the currency ernment chest of the issue department of the reserve bank has, teen esta bushed tl' ,'b-shall also submit a separate return showing separately under each de- suries nominational value the total value of high denomination bank notes held 15 in such currency chest at the c~ose of business on the 16th day of january 1978 and the distinctive numbers of high denomination bank notes of that value, (2) e;very' such return shall be prepared and presented as provided in sub-section (8) in triplicate and shall be sigl'led by the manager of the 20 bank or othel' person in charge of the: bank oi· 'the governm~nt treasury (3) every i'clu1'1l under sub-section (1) shall be presented fol' forwarding to the re~elve bank to the manager of the sub-office, oftk'e or branch of the reserve bank at the places specified under sub-section (2) of section 7, or to the district magistrate, or to the sub-divisional magistrate or, if 25 such manager or magistrate is not available, to the senior-most revenu~ or police officer available not later than 300 pm on the 17th day of january 1978: provided that if it is not feasible to present the return to any such person as aforesaid, it may be presented by handing two copies thereof 30 not later than 300 pm on the 47th day of january, 1978 to a telearaph office, one copy for despatch by express telegram to the reserve bank at bombay at the expense of the bank or the government treasury, as the case may be, and the other copy for return to the person presenting it in the manner provided in sub-section (4) and by despatching the third 35 copy i equired by sub-section (2) by registered post on the same day to the reserve bank at bombay (4) the offlcer to whom the return is presented shall give back to the person presenting it; one copy thereof under his signature' and seaj of office in acknowledgement of receipt on which shall also be recorded i 040 the ume and date of receipt, and such officer shall without delay forward one copy of, the return to the reserve bank at bombay (5) the manager or other person in charge of every bank or govern~ ment treasury shall, immediately after the preparation of the returns required to be subinitted under this section, cause the high denomination 04s bank notes mentioned therein to be kept in a separate receptacle and seal the same with his seal and of the 'officers having custody of luch receptacle 6 (1) a bank other tmn a public sector bank may obtain from the rese~e bank sf a public sectof bank an equivalent amount in exchallie for the high denomination bank notes declared by it in the return referred to in section 5 by credit to an account maintained with the reserve bank or a public sector bank or in bank notes denomination barllt'notee held 'by bariks and government treasurietl (2) a public sector bank may obtain from the reserve bank an equivalent amount in exchange for the high denomination bank notes declared by it in the return referred to in section 5 or the high denomination bank notes ~ed by it in exchange under sub-section (1) by credit to an account with the reserve bank or in bank notes 10 (3) a government treasury may obtain from the reserve bank an equivalent amount in exchange for the high denomination bank dotes declared by it in the return referred to in section 5 in bank notes or by cl'edit to government account (4) notwithstanding anything contained in sub-sections (1), (2) and is (3), where the return referred to in section 5 is presented in the manner provided in the proviso to sub-section (3) of that section, the exchange referred to in this section may be effected only by the reserve bank at bombay (5) every application for the exchange of high denomination bank 20 notes under this section shall be accompanied by the copy of the return received under sub-section (4) of section 5 which contains the distinctive numbers of such bank notes 7 (1) notwithstanding anything to the contrary contaioned in the reserve bank of india act, 1934, any high denomination bank note owned 25 2 of 1114 bya person other than a bank or government treasury may be exchanged atter the 16th day of january 1978, only on tender of the note-exchange ofhllh denomination bank notes held by other persons, (a) where the high denomination bank note is owned by an individual, by the individual himself; or where the individual is abient from india, by the individual concerned or some person duly autho-)o riaed by hlm in this behalf; or where the individual is mentally incapacltat$i from attending to his affairs, by his guardian or by any ot~~person competent to act on his behauj (b) where the high denomination bank note is owned by a hindu undivided family, by the karta, and, where the karta is absent from 3s india or is mentally incapacitated from attending to his affalr9, by any other adult member of his family; (c) where the high dtnomination bank note is owned by a company, by the managing director thereof, or where for any unavoidable reason such managing director iii not able to tender the note, or 40 where there is no managing director, by any director thereof; (d) where the high denomination bank note forms part of the assets of a firm, by the managing partner thereof, or, where for any imavofdablereason such partner is not able to tender the note, or where there is no managing partner as su~h, by any partner thereof 4~ rto~ being a minorj (~) where the high denomination bank note is owned by any other 88sociation of persona, by any member of ~e ulociation or the prlnctpal omcr thereof; and (j) where ij}e high denomination bank note is owned by any other person, by that person or by some person competent to aet on his behalf; and within the time and in the manner provided in this section s (2) every persoll desiring to tender for exchange a high denomina,tion bank note under this section shall prepare in the form set out in the schedule three copies of a declaration signed by him giving in full the particulars required by that form and sllall, not later than the l~th ~y of january 1978, deliver such copies in person together with the hiih deno-10 nunlltion bank notes he desires to exchange-- (a) to either of the offices of the reserve bank at bombay or to the sub-office, office or branch, as the case may be, of that bank at ahmt:dabad, bangalore, bhubaneshwar, calcutta, gauhati, hyderabad, jaipur, kanpur, madras, nagpur, new delhi and patpa; 01' is (b) to the main office or branch of the state bank at the head-'luarters of a district; or (c) to any other office of a public sector bank notified inthil behalf by the reserve bank: provided that if such person resides in a place not within convenient ~ reach of any such office or branch, or if, by reason of age· infirmity 01' illness he is unable to attend thereat, he may forward the high denomination bank notes he desires to exchange together with three copies of the declaration in respect thereof by insw'ed post to the reserve bank at bombay not later than the 19th day of january, 1978 25 (3) every declaration under this section shall for the purpobe of identifying the person making it be attested by the madaser or other person in charge of the bank, if any, with which he maintains an account, or by a salaried magistrate or a justice of the peace or a police officer not below the rank of an inspector oj police 30 (4) unle~ it appears that the declaration has not been cempleie in all material particulars, the reserve bank the state bank or an, bank notified unqer clause (c) of sub-section (2), as the case may lie, ·to wt¥ch an application for exchange of high denomination bank note i8 made under this section, shall pay the exchange value of the said notes for 35 c'redit to a 'properly introduced account of the owner or the declarant, as the case may be, with any scheduled bank: :provided that if the owner or de¢larant as the case may be does not have a bank account, the exchange value of the said notes shall be paid only on propclr identification and until payment is 80 made, the amount 40 shall retnain in the cultody of the reserve bank or the bank, u the case may be to which the high denomination bank notes were tendered (5) where it appean that the declaration has not been compteted in all materitll snlttictllal's, tbe reserve bank, the state bank or the notuled 45 bank, as the case may be, to which such application as aforesaid is imte ihall, unless the declarant is able '·to supply the omhsion wttbout delay, refuse to ateept and pay for the bank notes to 'w'hkh the deemdon "tell, and where it does 10 "eluse) shall renra gde (!opt oftbe deel8ntton _ to the cleelarant after enteriag therein the date on whkh it" presented and shall refer the matter to the central government to whleh it ,hall forward a copy of the declaration with a brief statement of the reasons for refusing to pay for the bank notes (6) tile central govel'jlldent may require any declarant l'eferred to s in sub-section (5) to amplify his declaration to such extent and in respect of such particulars as it thinks :fit and may, unless the declarut is able tofuuy comply with such requirement, refuse, for reasons to be recorded in writida, to sanctied the exchange of the high denomination bank dotes to which the declaration relates 10 (7) the central government or any person or authority authorised by it in this behalf may, by order in writing and for reasona to be recorded therein, extend in any case or class of cases the period during which high denomination bank notes may be tendered for exchange under this section 15 exchange of note after the timellmlt apt!clfted in section 7 8 (1) notwithstanding anything contained in section 7, any person who fai18 to apply for exchange of any high denomination bank notes within the time provided ill thal sectioll may tender the notes together with the declaration required under that section to the reserv;· bank at any 0if the places specified in clause (cr) of sub-section (2) of that sec- 20 tion, not later than the 24th day of january, 1978 together with a state--ment explaining the reasons for his failure to apply within the said time limit: provided that if lsuc,h pt:j'son resides in a place not within convenient reaeh of the sub-office, office or branch of the reserve bank at any of the 25 said places or if, by reason of age, infirmity or illness, he is unable to attend thereat, he may forward the high denomination bank notes he desires to exchange together with three copies of the declaration required under section 7 by insured post to the reserve bank at bombay not latel' than the 24th day of january, 1978, along with a statement explaining 30 the reasons for his failure to apply within the time specified in section 7 (2) the reserve bank may, if satisfied after making such inquiries as it may consider necessary that the reasons for the faidure to submit the notes for exchange within the time provided in section 7 are genuine, pay the v;alue of the notell in the manner specified in sub-section (4) of 35 that aection, (3) any person aggrieved by the efusal of the bes-ve baqk to jta7 the value of ~e notes under sub-section (2) may prefer an appeal to tbe central govemment within fourteen days of the icommunication of ~re~~~ ~ cloa1j14t of t, (1) au banks and government treasuries shall be closed on the bawand 17th day of january, 1978 for the transaction of all business exeept the governpreparation and presentation or, as the case may be, receipt of the re--ment tnii- turns referred to in section 5 surles (2) subject to the provisions of sub-section (1)', the 17th day ot 4s j~wy, 1978 shall, for the purposes of the negotiable instrumej1lta act, 26f 1111 ' ~88~, be deemed to be a public holiday notified under that act penalties lq ·(1)·lf "ny bank fails to prepare and present within the time and " in i~he manner provided by section 5 any return referred to in tbatl8c-i1~tion, or pres~ti any return undl!l' that $ection which is falae ·in·uty so material particular, the manager or other person in charge of the bank shall, unless he proves that the failure took place, or the false return, was premdted, without hi, knowledge or that he exercised all due dili~ genoe to preftl1t the same, be punishable with imprisonment for a term s whim may extend to three years, or with fine or with both (2) whoever knowingly makes in any declaration under section 7 any statem>emt which is false or only partially true or which he does notb~,: heve to be true or contravenes any provtsion of this act' or tl\e , ~ rules made' thereunder 8ha11 be' punishable with imprisonment f(/f a 10 term which may extend to three years or with fine or with both (3) an officer of a scheduled bank who il"f~es payment out of the amount being the exchange value of a high dt:,lomination note credited under sub-section (4) of section 7 to an account maintained with such bank shall, unless such account is an account which has been opened is after proper introduction, be punishable with imprisonment for a erm which may extend to three years or with flne or with both ' 11 (1) no prosecution for an offence punishable under this act shah be instituted except with the previous sanction of the central government spec:~l provitiona relatm, to offences ~o (2) notwithstanding anything in section 29 of the code of criminal 2 of 1974 procedure, 1973, the court o~ a magistrate of the first class or the court of a metropolitan magistrate trying an offence punishable under this act may impose a fine exceeding five thousand rupees 12 no suit, prosecution or other legal proceeding shall lie against the 2-5 government or any officer of the government or against the reserve bank or any public sector bank or any officer of such bank for anything done or intended to be done in good faith under this act protection of action taken ~n jood faith ii 13 if any difficulty arises in giving effect to the provisions of this removal of act, the central government may, by notification in the offtcial ditlouillet 30 gazette, make any order not inconsistent with the provisions of this act which appears to it to he necessary for the purpose of removing the difficulty: provided that every such order shall, as soon as may be after it is made, be laid before each house of parliament 3s 14 (1) the central government may make rules tor giving effect to powerto the provisions of this act make 00 • (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 custody and disposal of high denomination bank nota tendered for exchange under this act and of the declarations in relpect thereof; - (b) the time within which applications referred to in sub-section (5) of section 6 may be made; and (c) the time within which and the manner in which the state bank and public sector banks notifled under clause (c) of sub-section ,(2) of section 7 may claim reimbursement fl'om the reserve bank' of payments made by them in respect of high denominatfon bank !'late!! accepted by them under that section (3) every rule made by the central government under thil act shall be laid, as loon as may be aht'r it hl wade, before each house of parliament while it is in session {or a total period of thirty days which may be comprised in one ses,ion or in two or more successive sessiolls, and if, before the expiry of the session immediately following the session 5 or the successive sessions i'foresaid, 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 shan be without prejudice to the validity of anytbing 10 previously done under that rule 1 of 1978 15 (1) the high denomina,tion bank notes (demonetisation) ordinance, 1978 is hereby repealed (2) notwithstanding such repeal, anything done or any action taken under the ordinance so repealed shall be deemed to have be,n done of' 15 taken under the corresponding provisions of· this act r fobm of declaration (to be filed in triplicate) 5 1 name of ~e owner of the bank notes (tn bl6ck letters) ! addreas! office , , residence 3 status te, whether individual, hindu undivided f l1-a_ 10 ( ) ftn-th ·uv company ua-ul, etc a ue er as8f!lsed to jncome-tax; (i» if so name of the ~me-tax circle/ward/~trj~t where last assessed' (c) puntanent account ~umber - 5u~aged in business profession or vqcation~ name in which such business :~ carned on " 15 6 principal place of bu~ness, profession or "'ottltion and location and sttle of each braneb( - 7 in the case· of a firm, name and address of each partner 8 in the cas~ of a partner in a firm, name and address of each firm or finns in which hi! is a partner 20 9 in the case of a salaried person amount of salary per annum 10 in the case of a government emplcyee, government department and post qeld jl: in the case of a retired government employee, last post held, government department under which such post was held and date of retirement 12 in the case of a retired employee of a non-government employer, particulars 25 of last post held 13 in the case of any other person, particulars of profession or vocation or, as the case may be, former pl'ofe:ssion or vocation 14 particulars of high denomination bank notes tendered denomination number of notes distinctive numbers-total value 30 rs 5000 ra 10000 rupees (in words)' ra should be furnished -indicating-attach a statement if space is 35 -d1stinctive numbers of bank notes tendered elphabetical and numerical prefixes of the notes 110t adequate -15 relsons for keeping the amount in cash in notes of such hiih denominations 16 when and from what source did the bank notes come into possession? 40 \1 if any of the notes tendeted represent borrowings, the name(s) and addressees) of the persons from whom borrowed and the dates on which borrowed 18 mjlnner in which payment of value of the bank notes is desiredj ie • in cash or payment to bank, etc 111 if payment is to be made into a bank account, full details of the bank account 45 20 has any other declaration been made in respect of other bank notes of the owner? if so, state full particulars 21 if the declarant is not the owner of the bank notes capacitv in which declaration is signed i lion/daughter/wife of hereby solemnlv declare 50 - (name in block letters) (name of father/husband) that the particulars furnished above are full, true and correct to the best of r:rt~ knowledge and bellef i further declare that the bank notes tendered herewl 'belong to me -- ------------------- ---,--- --- ---- to and are not held benami 5s name of owner of bank notes not flied any other declaration under this i also solemnly affirm that i h'7il:d-another/otherdeclaratiorl(s)8s-per-part(~ act 60 culars attached i further declare that i am making thi~ declaration in!dy capaci~y ~s ________ and that i am competent to make this declaration and verlfy it designation, place: etc (signature of declarant) ------------- -the declarant and certify 65 date :-~----i hereby testify that i know , (name in block letters) that the above declaration was signed in mv presence place: statement of objects and reasonsthe availability of high denomiriation bank notes facilitates the illicit transfer of money for financing transactions which are harmful to the national economy or which are for illegal purposes it was, therefore, considered necessary in the public interest to demonetise all bank notes of the denominational value of one thousand rupees, flvethousand rupees and ten thousand rupees issued by the reserve bank ofi india hence, the president promulgated on the 16th day of january, 1978, the high denomination bank notes (demonetisation) ordinance, 1978, to provide :for the demonetisation of the aforementioned high denomination bank notes and for matters connected therewith or incidentaflherelo the bill seeks to replace the said ordinance new delhi; dated the 18th february, 1978 rmpatei; president's recommendation under article 117 of the constitution of india[copy of letter no f 5/2/78-boi, dated tne 22nd february, lln8 from shri h m patel minister of finance to the secretary, lok babha] the pa:esident, having been informed c<if the subject matter of the high denomination bank notes (demonetisation) bill, f978, has recommended under article 117 (1) and (3) of the constitution of india, the introduction in and consideration by lok sabha of the said bill in the current session clause 7 of the bill deals with the exchange of high denomination bank notes tendered before the 19th day of january, 1978, by persons other than banks and government treasuries to the reserve bank or the state bank or to a notified public sector bank according to sub-clause (5) o~ this clause, where such bank refuses to exchange any high denomination bank notes on the ground that the declaration in respect of such notes has not been completed in all material particulars, it lias to refer the case to the central government by forwarding a copy of-the declara~ tion with a brief statement of the reasons for refusing to pay for the bank notes sub-clause (6) o£ the clause provides for the action which tlie central government may take in relation to such cases 2 clause 8 of the bill provides for exchange by the reserve bank of high denomination bank notes held by persons other than banks and government treasuries after the time limit specified in clause 7 accoroing to sub-clause (3) of this clause, any persoji aggrieved by the refusal of the reserve bank to pay the value of the notes may prefer an appeal to the central government 3 the additiona{ work-load arising out of the functions of the central government under sub-clauses (5) and (6) of clause 7 and sub-clause (3) of clause 8 is proposed to be discharged through thle existing officers ana machinery the same has been done under the correspondirtg provisions of, the ordinance the provisions of sub-clauses (5) and (6) of clause 7 and sub-clause (3) of clause 8 will, therefore involve only incidental expenditure on stationery, correspondence and other connected matters this expenditure will be negligible and will be met out of the normal budgetary allotment of the department the quantum of, such expenditure and the period over which such expenditure may have to be incurred will depend upon the number of cases which may be referred unoer subclause (5) of clause 7 and the number of appeals under sub-clause (3) of clause 8 and it is not possible to make any assessment in respect of the same at this stage 4 the provisions of the bill do not involve any other expenditure of a recurring or non-recurring nature "·,clause 14 of· the bill seeks to confer power on the certral government to· make rules for giving effeet to the provisions' of the bt:t1:' such rules may provide for matters, such m, the cuitodyand disposal of bigh denomination bank notes tendered for exchange under this act and of the declarations in respect thereof the time within which applications referred to in subseotiol!l (5) of s~tion 6 maybe ma~e, the time witliin which and the mannet in which the state bank and public sector banks notified under clause (c) o~ sub-seetion (2) of section '7 may claim reimbursement from the reserve bank of payments made by them'in respect of high denomination bank notes accepted- by them under that s~ction the matters in respect of which rules may be made are matters of procedure and administrative detail the delegation of legislative power is; therefore, of normal character ~morandum explaining the modifications contained in the bill to replace the high denomination bank notes (demonetisation) ordinance, 1978section 8(1) ot the high denomination bank notes (demonetisation) ordinance, 1978 relates to the exchange, after the time limit specified in section 7 thereof, of high denomination bank notes held by persons other than banks and government treasuries this provision provides only for the tender of the notes in person for removing the hardship caused by the provision in the case of persons unable to attend in person by reason of age, infirmity, illness or distance, a removal of difficulties order-tm high denomination bank notes (demonetisation) (removal of difticulties) order-was issued under section 13 ot the ordinance on the 23rd january, 1978 the proviso to sub-clause (1) of clause 8 of the bill in-' corporates the substance of this order section 14 of the ordinance confers power upon the central government to make rules for giving effect to the provisions or-the ordinance the corresponding provision in the biii· seeks to spell out expressly some of the matter in respect of which rules may be made [vide sub-clause (2) of clause 14 of the bill] "jo a billto provide in the public inttrest tor the demonetisation of certain digb denomination bank notes and for matters connected therewith or incidental thereto --(shri b' m patei, minute1' oj finance) | Parliament_bills | cc94b021-07bf-54cb-84cb-c2c1c6f1e4ec |
bill no zz of 1916 o the appropltiation (railways) no3 bill, 1986 a billto provide jor the authorisation cif appropriation of moneys out o~ the consolidated fund of india to meet the amounts spent on cenram services for the p'utposes of railways during the ji7ia'rciaz year ended on the 31st day of march, 1984 in excess of the amounts granted for those services and for th4t year be it· enacted by parliament in the thirty-seventh year of the republic of india as follows:-1 this act may be called the appropriation (railways) no3 act, 1986 short title 5 2 from and out of the consolidated fund of india, the sum;; specified in column 3 of the schedule amounting in the aggregate to the sum of thirty-four crores, sixty-six lakhs, fifty-nine thousand nine hundred and fifteen rupees shall be deemed to have been authorised to be paid and applied to meet the amounts spent fol" defraying the charges in respect of the services relating to railways specified in column 2 of the $chedule 10 during the ftnancial year ended on the 31st day of march,1984, in excess of the amounts granted for those services and for that year | iasue | of ||--------------|-------|| rs | || 34,66,59,915 | || out of " | || the | || cod_ | || solidated | || fund | or || india | || to | || meet | || certain | || expedi- | || tlh'e | for || the | || year | || ended | || on | || the | 31st || march | || 1984 | |3 the sums deemed to have been authorised to be paid and applied from and out of the consolidated fund 0:[ india under this act sball be deemed to have been appropriated for the services and purposes expreaed in the schedule in relation to the financial year ended on the 31st day of march, 1984 8uma~to ~ciiltbc dfund vott:d by i parliament i i 1 i - --··1-------··-----·----···--lb rs 4 i repairs and mainted8dce of perman~ut way aod worb 76,812,0113 i operating &penses- traffic 1,86,86,993 i 9 1 i total i ! ra i i ! , 76,,0113 i 1,86,86,993 ·10 116,3569 139 qpertins fqmwes-fud 1 116&,6g,i39 provident fund, paiiao uad otber r~mentbenefits 5067,12 1 ,7fio toi'al mo",smi, ! i statement of objects and reasonsthis bill is introduced in pursuance of article 114(1) of the constitution of india, read with article 115 thex'eof, to provide for the appropriation out of the consolidated fund of india of the moneys required to meet the expenditure hlcurred in excess of the grants made by the lok sabha for expenditure of the central government on railways for the financial year ended on the 31st day of march, 1984 bansilal president's recommendation under article 117 of the constitution of india[copy of jetter no 86-b-403, dated the 7th march, 1986 from shri bansi la}, minister of transport to t,he ~retary-general, lot sabba] the president, baving been informed of the subject matter of the pr0-posed appropriation railways bit providing for the appropriation out 0( thc"consolidated fund of india of the moneys required to meet the expenditure incurred in e~ of the gl'ants made by lot sabha for 1983-84, recommends under clauses (1) and (3) of article 117 of the constitution, the introduction in and consideration by lot sabha of the appropriation bill , ) a billto provide for the authorisation of appropriation of moneys out of the consolidated fund of india to meet the amounts spent on certain \ services for the purposes of railwuys during the finandal year ended on the 31st day of march, 1984 in excess of the ammmts granted for those services and for that year, | Parliament_bills | 5ad9697a-bef9-5375-b0a9-afb50f5059de |
bill no ii 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 330 of the constitution, the following article shall be inserted, namely:—insertion of new article 330a''330a (1) seats shall be reserved in the house of the people for the other backward clases(2) the number of seats reserved in any state or union territory for the other backward classes under clause (1) shall bear, as nerly as may be, the same proportionreservation of seats for other backward classes in the house of the peopleto the total number of seats allotted to that state or union territory in the house of the people as the population of the other backward classes in the state or union territory or part of the state or union territory, as the case may be, in respect of which seats are so reserved, bears to the total population of the state or union territory5explanation— in this article, the expression ''population'' means the populationas ascertained at the last preceding census of which the relevant figures have been published''3 after article 332 of the constitution, the following article shall be inserted, namely:—insertion of new article 332a10''332a (1) seats shall be reserved for the other backward classes in thelegislative assembly of every statereservation of seats for otherbackwardclasses in the legislative assemblies of the state15(2) the number of seats reserved in any state for the other backward classesunder clause (1) shall bear, as nearly as may be, the same proportion to the total number of seats in the legislative assembly as the population of the other backward classes in the state in respect of which seats are so reserved, bears to the total population of the stateexplanation— in this article, the expression ''population'' means the populationas ascertained at the last preceding census of which the relevant figures have been published''20amendment of article 3344 in article 334 of the constitution, in clause (a), for the words ''the scheduled castesand the scheduled tribes'', the words ''the scheduled castes, the scheduled tribes and the other backward classes'' shall be substituted5 after article 342 of the constitution, the following article shall be inserted, namely:—insertion of new article 342a25other backward classes''342a (1) the president may with respect to any state or union territory, andwhere it is a state, after consultation with the governor therefor, by public notification, specify the soially and educationally backward classes which shall for the purposes of this constitution be deemed to be the other backward classes in relation to that state or union territory, as the case may be30(2) parliament may by law include in or exclude from the central list of other 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''356 the amendments made to the constitution, by this act, shall not affect any representation in the house of the people or in the legislative assembly of a state until the dissolution of the house or assembly, as the case may be, in existence at the commencement of this actamendment not affect the representation in the house of the people or legislative assembly of a state until the dissolution of the house or assembly statement of objects and reasonsin terms of the principles of affirmative action enabled under the constitution to ameliorate the conditions of other backward classes (obc), and scheduled castes (scs) and scheduled tribes (sts) periodic measures have been taken by the successive governments to improve their lot however, in the law-making bodies of the state, such obcs do not secure representation proportionate to their population2 the representation of the citizens from socially and educationally backward classes in the elected bodies at the centre and state remains significantly incongruent with the proportion of such individuals in the total population only 18 per cent and 20 per cent of the total members elected were from the other backward classes in the 2009 and 2014 lok sabha elections respectively, while the population of the other backward classes is estimated to be around 40-55 percent of the total population3 there has also been a lack of proportional measures to assess and improve the social, educational and financial conditions of the other backward classes in the country while the socio economic and caste census 2011 contained data regarding the development metrics of people belonging to the scheduled castes and scheduled tribes, such data has not been published about the people belonging to the other backward classes despite their relatively large population, subsequently serious doubt is cast on the adequacy of the current measures taken by the government to improve the conditions of socially and educationally backward classes4 the first step in advancing the rights of the people belonging to the other backwards classes is ensuring a proportionate representation to the people in the representative bodies, ie the house of the people and the legislative assemblies of the statehence, this billv vijayasai reddy annexure extract from the constitution of india 334 notwithstanding anything in the foregoing provisions of this part, the provisions of this constitution relating to—(a) the reservation of seats for the scheduled castes and the scheduled tribes in the house of the people and in the legislative assemblies of the states; and reservation of seats and special representation to cease after seventy years(b) the representation of the anglo-indian community in the house of the people and in the legislative assemblies of the states by nomination, shall cease to have effect on the expiration of a period of seventy years from the commencement of this constitution:provided that nothing in this article shall affect any representation in the house of the people or in the legislative assembly of a state until the dissolution of the then existing house of assembly, as the case may be rajya sabha———— a billfurther to amend the constitution of india————(shri v vijayasai reddy, mp)mgipmrnd—3962rs(s3)—02-02-2018 | Parliament_bills | 5cadc99e-7df6-59e7-91f7-8f4998060e5a |
() halide oxides of earbon (heading no % (© carton aisuipide (hesding no, 26:18); (@) thiceasbonstes, elenoearbonates, tellurocat tea, elenceyanates, telluroeyanates, tetrathiocyanat 'minochromates (reineckatos) and other complex fn, of inorganie bases (heading no 2842); (@) hydrogen peroxide, solidified with ures (he no, 2447), carbon oxysulphide, thiocerbonyl halides, ceymogen, eyanogen halides and cyansmide and its lie derivatives (heading no 2851) other than eyanamide, whether or not pure (chapter 31) 3 subject to the provisions of note 1 to section vf, tht chapter does not cover (a) sodium chloride or magnesium oxide, whether of rot pure or ather products of section v: (0) orgeno-inorganie compounds other than mens tioned in note 2 above (©) products mentioned ia note 2, 8,4 or § to chaps ter 31; (@) inorganic products of a kind used 26 lumino= phores, of heading no, 3206; (e) artificial graphite (heading no 8801): products dut up as charges for mre-extinguishers or put up in 're-extingushing grenades, of heading no, 3819, ink re movers of heading no 8825, cultured crystals tl 'than optical elements) weighing not tess than 25 ¢ each, cof the halides of the alkali or alkaline-carth metals, of heading no 3828; (f) procious of voml-preclous stones (natueel, synthe 'le er reconstructed) or dust of powder of such stones oe preclous metals or precious metal alleys of chapter 7; (0) the metals, whether or not pure, or metal alloys of section xv; ar (%) optical elements, for example, of the halides of the alkali or alkeline-earth metals (heading no 9001) 4, chemically defined complex acts consisting of a nom metal acid of sub-chapter tt and a metallic acid of mike chanter tv are to be classed in heading no, 281 15 honding nos 2826 to 2842 apply only to metalic of ammoniam salts or peroxyenlts except where the context otherwise reduites double or complex salts are to he classified in hendine na, 2849eo ® 6, heading no 2844 applies only (@) technetium (stomle no 43), prometium (atomic 'ne 61), polonium (stomie no 94) nd all elements with fn atomle number greater than 84; (6) natural ov artificial radioactive isotopes (includ 'ing those of the precious metals or of the base metals 'of sections xiv and xv), whether or not mixed together: (©) compounds, inorganle or organie, of these ele- 'mentsor isotopes, whether or not chemically ein whether or not mixed togither; (@ alloys, dispersions (including cecmets), cesamnte products and mixtures containing theso elements o: tan topes or inorganic or erganie compounds theceot ani having a specific radioactivity exceeding 0002 microcule per gram; (2) spent (irradiated) uel elements (cartridges) of nuclear react (d) radloactive residues whether or not usuble 'the term "isotope", for the purposes ot this note and af the wording of headings not 2844 and 2845, refers to: zindividuat nuclides, excluding, however, those 'existing in nature in the manolsotonic stator = mixtures of isotopes of one and the samme element, 'etiched in one or several of the exid smotopes thet is elements of which the natural tsotopic composition has been artificially modified 1 heading no, 2848 includes copper phosphide (phos hor copper) containing more than 18 per cent by weight of phosphorus, ® chemical elements (for example, silicon and selenium) doped for use in electronics are to be classified in thie chap fer, provided that they are in forms unworked ax drawn, br in the form of cylinders or rods when eut in the form of discs, wafers or similar forms, they fallin heading no- 3010 4, normal pressure" in sub-heading nos, 280411, vane 12 dressure eoutvalent {0 760 millimetres (6) for headings nos 2801 to 280, the following shall be substituted, namely:— "1, chemical elements:seo fluorine, chlorine, bromine and fodins, ~ corse cain aii iit eas) r90 per ote 1% sulihur,sueemed on mmnerpitaned; 15% or16 0190 neo em eo 20800 cannon canon macs and mt 1%, 'fortis'of eanoow nov elsnwee secrinp on included) ydroghn, rare gases ad other 00 ~ oigen ncn hales ost gan: 2 owt ~ mera 00 12 'srepi hous pntioe tga frm oeon oso ~ othe alkali or alkaline-earthl metals: pate mo matals scandia 'penum: wer on not inter ar : neked or interalloved, mircury il inorganic acids and inorganic bevaan gdsaouas of ron ndals "xeipycnonowuphurie ao - hxropenchoie otechiace se) 206110 2006-50 sor-00 mor wo 2908-10 20890 om 00 a0 0-0 bret) ered ra ae esr at as ntc a 'nt ane cen miei sec es pes fee ee ee cee ena rt oy, mii = lalogen o8 sulphur compounds oe mre 2412 280zhalides andnalideoxidesornon 159, a 2 00 suleidesoe non metalsconimercial a5 'paospaorust i tnoroanic baesand oxides, ay: ddromides and ponds of meals 2614 2816-00 "alvonta netydrous or mwaqueous 100 per 21s 0 "uap ere 19% peeoxtbes of sodium su paoxidss 8 or tor 216 281600 hydroxde and peroxide of mag 19%, proxidsof strom sr aor, it, me otene con wo wi an wm eu wa, me ane 0 seas em on 21 sete 1 3 oe wm 29 aue cmos oxmma wonoumes = soe uinowem one a 2a gees ro ides une containing hi? orig hinge come 28 treet w: bas oot 2 a a seoin intext aos = 24 sme wapgroe uo uad oon i 2025 aitso0 mydrazine and hydroxylamm 19% pe ce eee ae % tydrorides cand perso! 'vsaizr and pexnysauty of ion 'gari agids and maeda br mao on fluoroslicates stu sz loaluminaeee and cle oot ee 3:27 2nqo chores chloride ons xd co ribe droxdes raul ab brgme oxibesodibes and lose boy pas come cugua bromites 2128 10 —blescing ase powder 2890 ome ag o © o o 5-2) 265/09 chlorates and perchlorates broma- 229200 cherend periromates, todates and i terodates aeao 20 suletidre polysulphids e fhhonetes and sulphoxylates i 210 -sotigm eeoaite 13% 2m ober 19% en 283000, sulphites; thiosulphates 15% 133 134/00, sulphatre; alums; peroxosulphates 285 seo sl gersulphates) (me 2e34 2800, nitrites; nitrates ahgs 1s 00 phosphates uiypophosetes), 15% serine getgagice, rnosrnn, hosts ouveliostiatis 236 cannons | viroxdcaabonate re achatay coat singin eareanate p eosthinne 2896-10 sodas 1% e620 earborte of aa ae 1% 2650 ome 5 1% 37 289760, cyanides, cfarede oxides and com: f a7 beto cle cyanide ae a 203 22060 fuminatescyanatis and tihocya, 15% " sulicates; commergialalcall metal is sues st ee ise 2839 99 other es ae "uo 284000 borates;peroxoborates(perdorates) 105 4 salts of oxometallic or peroxomet es alt of ox 'or peroxomet atv to sxtus detonate 19% 249):20 -poashumdicromate a ame 2i4u 30 -poosiam ermaneatate 19% 2st 9 ott 19% a 2209 other salts of inorganic acids 1 ae 2200 ote senriguino aaibes vie miscellaneous sess 28400 we colloidal precious metals inorg, gon organi com he 1% seay berned: peed brecious metals darue me 00 1k ng sein oiled: heestevrs ab seo tores and ebupounns: ms besidues soneadning theserproducts o @ ° " 2s sotomes other tian those of head ng 80 bs compounds organic oi okganic, ur sci wulonoe wrstuitk og no? ciiemieally berinen: 284510, —hsay wae or nd bx 2446 21600 compounds, inorganic _or organic, (of rare kath stato se par gh ge sanit ox or muntunes of these me sy 280 24700 aydrogen peroxide, wiserher on 15% nor solsigd whine be 268 uo mhoemiots, erer or not 18% huuubraoshorus ae carbides, wart or not chem 26040 - cation catide 1% 281999 - omer 18% 320 21000 hydrides ndes, aztoss siligdes 195% "and, howdes, wikctiten, oh not ghemiealey duained 351 219100 ohter inorganic courolnds ise gs aten "anb wars coe sae ning, llgutb le water éwbvapy cowisey 'aik! amalgam, sette huan amalgabts of pqe-iuos (©) in chapter 29,— (@) for the notes, the following notes shall be substitue fod, amely:— 'nores1, except where the context otherwise requires, the 'headings of this chapter apply only to: (a) separcte chemically defined organie compounds, 'whather or not containing impurities; (b) mixtures of two or more jeumert! of the kame organie compound (whether or not containing impurities), fexzept mixtures of acyolle hydrocarbon isomers (other than stereoisomers), whether or not saturated (chapter 2; (6) tho products of headings not 2036 to 2939 or the sugar others and sugar estar and their eels, of hesd- ing no, 2040, or the products of beading no, 201, whether or not chemically defined, (2) the producis mentioned in (4), (0) of (@) above aissolved in water; 0) @ @ ® (e) the products mentioned in (a), (b) of (e) above issolved in other solvents provided that the solution fconititstes a normal and necessary method of putting up these products adopted solely for tessons of safety or fot 5 'ransport and that the acivent does not render the product pprliculaély suitable for specifi use rather than for geneal use; ( the products mentioned in (@, (®), (os (@) of (©) above with an added stabillser necestary for 10 their preservation of transport; (g) 'the products mentioned in (2), (0), ©, @y (© of () above with un added anti-dusting agent or & colouring or odoriterous substance added to facilitate thelr 'eatiestion or for safety reasons, provided that the ad +5 'ong do not render the product particularly suitable for specific use rather than for general use; (hs) the following produets, diluted to standard steengths, for to producton of aze dyes: dlazonium salts, couplers used for these salts and dia zotlable aminas 20 land their salts, 2, this chapter does not cover: (a) goods of heading no, 1501 or glycerol (heading no, 1508); (0) thy sleohad; (e) methane or propane (chapter 21); (@) the compousi's of carbon mentioned in nore 2 to, chapter 285 (e) urea (chapter 81); () colouring matter of vegetable or animal origin 9 (heading no, 3208), synthetic ofganie colouring matter, fyntheile organic products of @ kind used as fluorescent 'brightening agents or as luminophores (heading no 8204) for dyes or other colouring matter put in forms or peck: 'ings for retail sale (heading no $212); (9) enzymes (heading no 2507); (0) metaidenyde, nexamethylenetetramine op similar substances, put up io forms (or example, tablets, sticks fr similar forms) for use ag fuels, or liquid or liquefied fs fuels in containers of a kind used for filling or refilling 'igarette or similar lighters and of s capacity not exceed ing 300° em? (beading no 8600); () produets put up ay charges for fre-extinguishers or put up jn fre-extinguishing grenades, of heading no, 318; ink removers of heading no 98235 or i) @ co " (2) optical elements, for example, of ethylenediae mine tartrite (hexding no, 9001), 8 goods wh'-h could be included in two or more of the hhendings of this chapter are to be classed in that one of those headings which occurs last {a numerical order, 4 in hesdings nos, 2804 19 2906, 2206 t2 2911 and 2919, 40 2920 any reference t% helogensted, sulphonated, nitrated or mitresated derivatives includes teferenee to compotind derivatives, such a= sulphohslogenated, nitrohalogenated, nitrosulphonated op njtzosulphohalogensted derivatives, nitto or nitroso groups are not to be taken as "nitrogenunetions" for the purposes of heading no, 2928, for the purpeses of headings nos 291, 2912, 2014, 2918 and 2922, "oxyvensfunetion" is 40 he restricted to the funetions (the cvarreteristic organs oxyen-containing groups) referred 10 in headings nos 2008 toy 2020 5 (@) "the ertore of nci@-function neethic compounds of ful-chapters t 49 vif with arganie eomprants of these sabe cchantors are to be classified with that eampaund which is cassfed in the ening which occurs iast in numerical order 'in these sub-chaoters, 5(8) posters of ath! sleohol or styeenot with acid function fereinic comands of sohontae t to vif are to be casa fed in the sume heading as the corresponding acid-function compound (6) subject to note t to section vt and note 2 to chapter ps(1) thorsanic sale of orzante compoutids such as acid, phonol- or enel-funetion compounds ot organie 'vases, of nib-chanters tto x or honing no 2942, are to hye classed an the heating' sonroorinte to the orgenie 'compound; ant (2) salts formeit between ormante compounds of sub- chanters ito x or heading no 290 are te be classified in the heeding aperopeiats to the hse of to the acid nehie ing phenol o enolfanetion emmpounds) from which they are formes, whichever accins lst in numerical order fn the chant ig, (2) mets! slesholates are to bo classified i the same iheading ag the eorramandine sloohots except fm the ease of ethanol and glyeero!thendinge no 29) (e) hides of earboxlic alds are to be clasiied in the same hearins ss the entresponding acids, 8 the compounds of headings nos 2930 and 2931 are ergmnic compounds the molecules of which contain, in addltion to atoms of hydrogen, oxygen or nitrogen, atoms of other nonanetsle of of metals (sch ag mulphr, arsenic, mercury ot ead) dizectly inked to carbon atoms heading no, 2930 (organosulphur compounds) and _ beading no, 2921 (other gxgano-inorganic compounds) do not {nelude suiphonated or halogenated derivatives (including eompiund derivatives) which, apart trom hydrogen, oxygen find nitrogen, only have directly tisked to carbon the atoms of sulphur of ef a halogen swhlch give them their nature gulphonated or halogenated derivatives (or compound der vatives) 7 headings now 2922, 2958 and 2024 do not include ex poxides with a threemembered ring, ketone peroxides, exeie dolymers of aldehydes or of thioaldehydes, anhydrides of polyhasle eachanylie acids, eyetic ecers of polyhydrie al 'or phenols with polybssie acids and imides of polybaste acids "these provisions apply only' when the ring-position hetero atoms ere thote resulting solely from the eyclising funetion for functions here ste, 4, the "normal pressure' in subsheading no 200110 'means the pressure equivalent to 760 millimetres of mereury 9, this chapter does not eover products containing aleohah, 'opium, todlan hemp er other narcotic drugs vor the par poser of this note, "alcohol", "opium", "indian, hemp", "narcotic drugs" and "narcotics" hi the meanings assigned to them in section 2 of the medicinal find toilet preparations (exes duties) act, 1955 (16 of 195) in sny one heading of this chapter, derivatives eal compaiind (or group of chemical compounds) fre to be classed in the same sub-heaing a5 that come 'pound (or group of compounds) provided that they are net 'mors specially covered by any other sub-heading and there ie no cesidval sulhehding named "other" in the cof sifsheadings concerned; () for headings noe 290% to 2913, the following headings shall be substituted, ner | acyelic ||------------|| woot |bovi9 —acryne (ein sed conn 'ee 'sor-99 - one | o | ° ||-----------------------|------|| ° | || a | || 202 | || 302-09 | || wos | || 290510 | || 20190 | || aoe | || 3010 | || (cyclic | || hydrocarbons | || 15% | || halogpnated | || derivatives | || of | || hydro- | || 'canons | || ~chlortnrofoieearny | || of | || maha | || a | || eine | || 38% | || ~oxher | || 1% | || sulimowated | || nitrated | || ornitrosa | || 13% | || ted | || perwatts | || of | || iryorae | || ado, | || ther | || ow | || not | || haloginated | || ie | || nme | || sae | || wos | 10 || 205 | 90 || 2906 | || 206 | 16 || 2006-50 | || negigls | || xp | || tm, | || naua | || as | || re | || wp | || tne | || bron | || att | || w% | || ie | || sie | || manat | || aso | || raen | || wae | || bs | || suga | || we | || ome | || sao | || sete | || oe | || om | || ng | || ens | || ap | || i | || ge | || ns | || into | || re | || rms | || miner | || cos | || rs, | || soom | || tte | || w | || 0710 | || 07 | 99 || 2908 | 200 || ayogmeaen | || uu | || moxaten | || wre | || ted | || gn | || nrosafed | || malia | || phenols | || of | || phenol | || ateoens | || tes | || "eir | || dde | || rome | || u0 | || xides | || with | || a | || three- | || membered | || ring | || 20 | || 20005 | || eihers | || ether | || ipo | || seraer | || er | || conan | || des, | || ketone | || pbromiues | || whether | || or | || nor | || crewe | || stay | || dengeee | || rr | || 'fir | || uacgeanacn, | || sola | || gns | || amhated | || o8 | || nitrorahed | || deriva | || tns, | || pw | || 2000 | || errd | || ceoetae | || shports | || 19% | || nenered | || ring | || axp | || "hieix | || natocen | || a | || ed | || suldionated | || "netrated | || "or | || niphosmted denvarvas | || een | || wie | || acealsand | || memmlacetals | || whether | || sy: | || told | || te | || te | || oge | || sns | || (aeb, | || nifrated | || of | || nerorated, | || o | © | ® | o ||-----------------------|------------------|--------------|---------------|| \v--aldehydefunction | compounds | | || aes | oe | | || ee | ee | ane | tae || ane | | | || 231 | iw | halooinated | sulmhonated || rib | gx | nitros | rey || products | of | heading | no || eptone | function | compounds | || ko | guinone-tunction | compounds | || ean | -xetones | and | ouinones, || rar | rel | emit | onygen || ing | | | || tart | | | || fakogeware | | | || sin | | | || phonae | | | || tab, | nitrated | oh | niirosated || ive | | | || mie | —actooe | 1% | || 2620 | | | || - | | | || comphur | | | || i | | | || 21850 | - | one | 1% || vik | carmoxylicars | | | and || "aswpuines | hattnes | pekoutnes | th || beron | abang 'and | th | halogen || ted | soutonateo | ntreaten | ow || nirhosk | itp | banyan | || a | pe | aes | || ee | meats | | || ar | acad | | || br | oe | totes | tiie || mire | pe | wx | || dis | | | || - | | | || heen | | | || sumo | ve | | || sm | a | | || var | iheactblomantes | | || >» | rexgcansrante | sens | te || penny | actds | een | tal || suum | nirearab | ai | metro: || sated | derivatives | | || 2917-10 | drm | rttaaet | x || o1r20 | teepe | act | an || 291750 | other | 13% | || bus | sm | carboxylic | acids || orvgen | | | || h¥bripes, | | | || furction" | an | tree | an || "halides | proxides | and | || dekoxv | cin! | ie | "halogenated, || ionated, | ninmared | ok | nitro || derwaties | | | || eon | | | |penny ee o 8 a e = an 6 reg gm aun mom mos res 0 eg a hees hs, bea ae oe sen of one poses wees ng mm ates eon, gc ea ia oe nae tre ota ae tsp aaa x smmmaiaencnnst crates 4h ail denne = 22 mm onennnnwmmocomouny mom qummway momma arma a a ee ee soi ra eopa as cugmenumnroerencomomos; ig, es ce ee is 22 bun ghismtmeeticeen cng i % ue corr com an: si aa ars 2% mee denusnmnoncnconee ~ 2a ime mo, spon namenuranos 2a me qm mayne omen | © osm grim yy 2 mee goo wm cman neo function: ad amine ae see eee eee = a: 29 moi onaawosuumiuncounotane ne = i i coppenntomennce 'compounds: 13% >a ane sma coxmommsvinom gen hetero-atomis) only is "8 lapgevecic count ae sma er gouna as ah ieligicealiag we am, ess ae 2% wo omnirmeocyescemoounee i sr oie 'i, zr_arovtaming, mas and home 2% se montams wo wus wrue, —u or reproduced by ment am bs eo in ur he rigeiee ean crue oe target or nse ® ° @ [i700 hormones, natural, or remeoduced 18% 'by synthesis; derivatives thereof, i ed vrtnanil ys womble sifkoine usa wikealat as takmunes il, glycorides and vegetable alica- egesonaturad ox°herroduces by narnesig: and ther salts, elgin, 5004s snd other der vans 190800 glycosides, naturalor reproduced 18% ty synthesis and their salts, eth eke) isieks and oihen derivatives vegetable alkaloids, natural, or vicraobuced by synthes, and heir sau ertuks, esis and" on beans quine an iste xa omer 18% a rmx oxcane cotounss paw sugi0s, chmoeally ruth other see gnd sugar esters, and their salts sre hrp hca ua? spears se nnn sbh0-10 ponisi and te dates witha wetnle ad weuss: see 94-50 swepomysne and thie daivasissashewot nul oul) teaeysian ante devastate nl 194i colorampsnol and i dativs sass bao 2941-30 ytomysiaand a deen; sas then wt 294150 01m ni 00 -other organic compounds, 170% (6) tn chapter 20, in heading no, $002 in column (3), for the 'the word "antisera", the words "antisera and other blood fractions" shall be substituted; (7) in chapter 21, for the notes, the following notes shall be substituted, namely: norse4, this chapter does not cover: (@) animal blood of chapter 5; (@) separate cherieslly defined compounds [other tam 'those answoring tothe descriptions in note 2(a), 3(a), €(a) or 5 blow: (©) cultured potassium chloride crystals (other than optical elements) weighing not less than 25 g each, of head- 'ng no 3823; optical elements of potassium chloride' (heading no 9001) 2, heading wo, 3102 applies only to the fatlowing goods: (a) goods which answer to one or other of the deseriptone given below: () sodium nitrate, whether of not pure; (i) ammoniam nitsate, whether or not pure; (gi) double sats, whether or not pure, of ammonium sulphate atid emmonium nitrate; (i) ammonium sulphate, whether ar not pure; () double salts (whether of not pure) or mixtures of ealefum nitrate and ammonium nitrate; (i) double salts (whether or not pure) of mixtures of calcium nitrate and magnesium nitrate; (oil) coleium eyanomide, whether of not pure of 'troated with ofl (eit) urea, whether of not pure (b) fertilizers consisting of any of the goods described in (a) above mixed togethor (©) fertilizers consisting of ammanium chloride or of any of the goods described in (a) or (b) above mixed with chalk, gypsum or other inorganic non-fertilising substances (d) liquid fertilizers consisting of the goods of sub-para~ geph (a) (i) or (vit) above, er of mixtures of those goods, 'n an aqueous of ammoniaes) solution 4, heading no 3108 applies only to the following goods (a) goods which answer to one of other of the desetipe 'tone given below i (9) basie slag: }) natural phosphates of chapter 25, ealeined or further heat-treated than for the removal of impurities; (gi) superphosphates (single, double or tiple); gv) catelum —nydrogenorthophosphate containing: riot tess than 02 per cent, by seeight of flourine calculated fn the dry anhydrous product (b) rorilzers consisting of amy of the goods described fn (a) shove mixed together, but with no account being taken of the fourine content limit (©) ferilizers consisting of any of the goods desesibed yn (a) of (b) above, but with no account being taken of the flourine content limit, mixed with chalk, gypsum or thet inorgenie non-fertiliing substances, 4 heading no, 910 applies only to the following goad (a) goode which answer to one or other of the descrip tions given below: () crude natural potassinm salts (for example, cornallite,kainite and spite); (j) potassium choloride, whether or not pure, except as provided in note 1(¢) above; (id) potassium sulphate, whether or not pure: (ge) magnesiom potasskum sulphate, whether or not pore, (b) fertizers consisting of any of the goods deserted fn (a) above mixed together 5 ammonium dihydrogenorthophosphate (monosmmenium phospliate) and dlammoniun hydzogenorthophogpbate (ian 'moni phosphate), whether or not pure, and intermixticee ereot, ae to be clasied in heading no, 305, 4 for the purposes of heading no 3108, the term "other fertiisees" applies only to products of gin ed a fetlsrs and containing, as an essential constituent, at least one of the: fertilising elements nitrogen, phosphorus or potassium'; (8) in chapter 32, after note 6, the following note shall be: inserted, namely:— 7, heading no 3204 includes mixtures of stabilized alazonium salts and couplers for the production of azo dyes"; (8) in chapter 33,— () io note 2, for the figures "3808 the rgures "5307" shalt be substituted: so ea fe pi ote i "5, heading no 3204 epplles,interatia, to the fellowing products: beauty creams; vanishing creams, cold creams, 'mako-up creams, cleansing crear, s¥infoods, skin tonics, face powders, baby powders, toilet powders, taleu powders tnd grease paints, hipsticke, eye shadow and eyebrow pen ils, nail polisbes and varnishes, cuticle removers and othee 'preparations for use in manicure or chiropody and barriee 'reams to give protection against akin iritinis, 8 heading no 3805 applies, interaia, to the following droduets: brilantines, perfumed hair oll hale lotions ornades and creams, hair dyes (in whatever form), shampoos, whether or not containing soap or organic surface active agents"; () in heading no, $804, for the entry in coltma (8), the entry "beauty or make-up preparations and erepars 'mons for the care of the skin (other than medil caments), including sunscreen and suntan pre parations; manicure or pedicure preparations" shall be substituted; (@) in tending no $205, for the entry in column (3), the entry "preparations for use on the hair" shail be substituted; (©) tor heading nos 3207 and $908, the following headings shall bo substituted, namely: - "sor 5preshave, shaving or arter-shave stances siretohea se mong, sub, ite personal desborane tuba prepara srs sooo 'i 2 cornet 30710 sora ~ rosin, shvago ater ahave propartons sos ~ prsoaaldhodarnts and entpsepans 103% ~ pocus uh satsant ote bulk cstatons 1084, ~ pecprsing fo pefumingo¢dealoriog mem hpeing slicers peptone mia erat sr srihgat hoop and site peptone ya teviner i ~~ 00 8% ~ ont 10594 (10) in chapter 35,— () for the word "note", the word "notes" shall be substitut ee (3) after note 1, the following note shall be inserted, amely:— ~the-bor the purposes of heading no, $805, the term 'doxtrins! means starch degradation products with, a reduc {ng sugur content, expressed as dextros= on the dry substance, not exeeeding 10' per cent,io) ® @ ® such products with a reducing sugar content exceeding 40 per cont fall th heading no, 1702! (©) for heading no 3541, the following headings shall be substituted, namely - es 'as01} 38000 cased, caseinates and other casein sy ' corn aanes s axes 'a 360} 351200 alaumins, alruminates and other al- 18 ns shumin derivatives " 350) 38800 gelatin including gelatin inect 18% prgular inclu au ser nether gk aor sureace worked of solured| and clatis qururtnes: anglas orn glues of "animal beek iadleng gaels gites of 360 30400 peftones and their derivatives oth: 1s perc trotond sue nes bne fie ss bing, hor hstwabhe sec pie ok nei deb: hide powder, whe ethea "okt now chromed 3508 dextring and other modified starc- "hes or inample freghlatinised or herpted siarciis) glues brd ae sian sac mt o sect deno ae bcm we tee ws sm co ege aor benes ihe som sae meus sameness 'vere spec of included (11) in chapter 365— (a) i noto 2, for the rgures "3604", the figures "3606" shall be substituted; (in note $ for the figures "280", the figures "605" sihall be substituted; () for heading nos, 9601, 9642, 3803 and 3804, the follow ng headings shall be substituted, nemely:— 3601 360100 propellent powders 1% 502 260200 prepared explosives, other than pr: 15% 'spellent powders 50) $0000 safety fuses: detonating fuses: fer 15% "argh an peronaiwe: cars: ont ks! elnctric detonators 608 fireworks, sional ling, flares rats ockers, ega: sqnaus andotter thn articles 80410 —"feewerks 18% 10490 - other 18% 3605 305-00 matoues, orner thlan pyrotechinic "articles of headingseas oe sas eaadeenoe te, ors enon a sowa ey (42) in chapter 37,— (@) for heading nos 3701, 9702, 3709 and 1764, the followe ng headings shall be substituted, namely:— 15 hear ngutenaae ve si0 te ay ww 3 comere i ered oe 35 35a room nie 8 sper see pw texas ox 2 com hd en meen me sro atone nage _maennsap sp ed it bp rected a a ene oe nu pppaure ite mam, ee 7 nv neorone none nettont 7" a eran ae 5p05 57-00 photosrapiuc plates and sais, tert ans barer brit ex kk(@) the existing heading no, 376 shall be renumbered as 'reading no, 9708, and the existing sub-heading nos 370611, '0512, 810513, 878514, 370520, 37051, 370532, 370528, $70829, '870541 970549, 970548, 870544, 9708150, 970560, $70301, and 870592 shall, respectively, be renumbered as sub-headings nos '570611, 870612, 970613, 390614, 370820, 270691, 70892 870039, 370630, 370641, 370642, 370843, y70644, 700,50, 570000, 370691 ana 31069; (6) the existing heading no, 3706 shall be 'heading no 3707, and the existing sub-heading no, $7060, be renumbered s¢ sub-heading no, 370700, (3) in chapter 38,— (@ for the note, tho following notes shall be subst namely: - "noms 1, this chapter does not cover: (@) sepizate chemically defined elements or pounds with the exception of the following: = (2) artificial graphite (heading no 301); (2) insecticides, rodenticdes, fungicides, eldes, ant-sprouting products and plantgrowth ggulators, disinfectante and similar products; (@) products put up as charges for fire-ex guishers or put up in fre-extinguishing g (heading no, 38:13); 'preparation of human foodstuts no, 2107) (©) medicaments: (heading no 9003) 2, hesding no, 3823 includes the followlng goods which fre not to be classiled in any other heading of thls schedule: (e) cultured crystals (other than optical el weighing not ins than 254 e8¢h of magnesium oxide ~ pe of the halder of he aia! or alleline earth metals; yr) fuse! oil; dippel's of (6) tek removers; (2) stencil -correctors and other cotrecting, uid and (@) cersinic firing testers, fusible (for example, 'seger cones)"; (®) for heading no, 2801, the following headings shell be" substituted, namely:— wn sat aen seat se 1 eee, form oe tpastes tog prs o€ other emmy o @ 8) " 38 mop achivated carbon: actvated naqu- 134 bet aaa boe nery anal blage 3-0 360100 talon, whether ornotreeined 19 so so resales out hood ure wate ne manleacture 15 ee goncentrater sesucatt ve mere reed, weludrg grin sulphonates wue of" of heabing ras ons 305 see cum od or surmmate turmetne sem 'and other tenrencoiic "pnasuced s0hatt (dsulaton of orne tree 15 hen or coniunots woe cube 23nd utd rube ie eateries hntot as fh war cotstnioe 3806 rosin and resin acid§ and deriva tne therese nou sat rosin oils seu gum 3006-10 —eter gums 19% = 30620 —ran gums a 380590 othe 1s 3807 30700 wood tar: wood tar omls wood ce sar ous apis vsceh ge » acids ow on vecefaile bren se insecticides, rodenticides,fungice ngides rodentcdes, funoicr ducts ans rarcana ae s produeis ntectants = 3008-10 inter, fuged, bide, wells and it 80850 oe 49-36-09 3909-09 piishing agents, dye carriers to "mcreaate rh syeng go it, eee see posters aee ae bad tile, paper leather a indus te upr hae pre 0c) psalm preparations bom mera 2 'f surfaces fers an ea tary prira rations fon soldering boers or mong, soldering pastes consisting cor" misra and s sers maia, i contin fon weldine el ectrodes ok hoss fei am ante roek meparations oxmation 15x batuirons oume inarons oos pparahorg ane or ft cprrie, ties fo min ons' er pay 'gasoline on fo ged for the gane sereokes md saneral oils a o o o wr gino)" prepared rubber - accelerators, 187% reta blastibseas for rumicr gr praag, not blsewaere sergi pat da rel ube, anteoxidring pripea rations and oer compound sekrrikers for runber ow plastics joint preparations and charges for 187% nini charged fire bsinguishing 'grenades 'organic composite solvents and 18% wn nens oor tessa, speck free oe ince oded prepared paine 'or varnish removers suisioo reaction tnitiators, reaction mm aeceree accheasirs nor ct where speetes ow included a6 sett ahi6'od reeractory, cements mortars, peaneers ad sonar compost 'ons ort adin no: 380" shit 00 mixed alkylmenzenes and, 1% aura, we nl httiacents ther than, shssp on heading no 2707 or 2-02 ses sais 09 chemical elements doped foruse ra helga ronies, inthe form of discs waters on seco hydraulic brake hlatds and 18% wm soo 0) antleruezing preparations andre: 1% yay beane eunds abo) prepared, culture media eor deve 1% prspmery ok" nicko-okganens, aeat wn sem-00 compositerdiagnostic or, 1% reagents lxponato- ry 'sh than those 'sf caarren 30 syos-00 prepared minders, for, foundry, ser ruc re atte seuced or inclu: bebnesibu al ropucts of fe che der mgeal med industries © not mig uke seeeiened on included (24) in chapter 39,— (@) in note 2 in clause (a), the words, brackets, letters lana figures "linoxyn (beading no 1508); shall be omitted; (@ in note 11— (ay tor the words, letters and figures, "heading no, '5022 spplics inter alia to the following articles, namely:—" she woes: letters ana aigures "heading no 3025 applies 'nly to the following articles, not being products covered by any of the earlier heading of sub-chapier ti" shall be substituted; (gi clause (h) shall bo omitted; (ity im clause (), the word "and" shall be inserted at the end; (go) clauses (ky and (1) shall be omitted; (6) before heading no 2901, in column (3), the tetter and words "i—primary forms" shall be inserted, (a) after heading no, 2014 and the entries relating there- {in column (2) the letters and words "i-waste, par: ings and scrap; semlmanufacturers, articles" shall be inserted; 5 {e) in heading no 3821, in column (3), the word "blocks," shall be omitted; ()) in subsheading no, 392111, in eotomn (3), the word "blocks" shall be omitted im column (3), the word (0) in sub-heading wo, 392122, "blocks," shall be emitted: 2 (1) tor heading no 3922, the following headings hail be substituted, namel me se mone ranbir: ss tang nae? gre ena iese as ator tru, wmv ge 8 a " poets tie ear and chmer lsnd: 'eases ris, of peas 59210 -0f planter fas 19 5920 90 -on-r sare 35 tableware kitchenware ovsee rouserold saree kun tort articles, bf muarics 2926 10- of polar thre am ca 392690 ober 30 ws ruilders ware of plastics, nor else- where specieied on included » 23 tno iia he wwe oe aera og rags sx se see sao eas oar 2616 ofan ten 392690 ofer sa a a a (18) jn chapter 4, (@) in note (for clause (e), the following clause shall be substituted, namely:— (e) headgear of parts thereof (including bathing capa) of chapter 65;"; (i) for clause (f), the following clause shall be substituted, namely:— <p) artes t chap 6 (tes tsps dle an ales ot ening mow 051 94838) (s) tor beating no 4032, the flowing being sal be ane otk ae sh on ries nat ee or inc iy kee {ote ora kind wit no - whee an thenewieked ni eckerd so oter a0 er ap 4012-90 ober 156" (©) heading no, 4015 and the entries zelating thereto shall 'be omitted; (@) heading no, 4018 and subheading no 4016,00, shal, respectively, be renumbered as heading no 4915 and sub-head ing no 401500; (e) for heading no, 40:17, the following heading shall be subetituted, namely:— | rg | qtmer | articles | of | vulcanised ||---------------|----------|-------------|----------|----------------|| upon | morne | "than | hardened | || anise: | ot | mils | feat | no || 401631 | - | of | ett | rbber || 401619 —othee | 13% | | | || —onke | | | | || 691 | flor | covets | od | ata || ss | | | | || 'citiersand | | | | || oer | | | | || seal, | | | | || intabie | | | | || sities | | | | || " | | | | || 40169 | omer | wi" | | |()) heading no 40:38 and sub-heading nos, 401810 an 401020 shall respectively, be renumbered = heading no, 401 fand stib-heading nos 401710 and 401720 respectively; (16) im section xvi, in note 1, in clause (a) for the meuse "m01t, the figures "4016" sholl be substituted; (17) in chapter 96, in note 1, in clause (b), for the few "3802", the aqures 3604" shall be substituted, f statement of objects and reasonscentral excise duties are now levied at the rates specified in the schedule to the central exeise tavif act, 1985 (s of 1966) the 'tariff is based broadly on the system of elassieation derived from the inter national convention on the harmonised commodity description and coding system with such contractions or modifiestions thereto as were considered necessary the harmonisod system in basically of @ digit ode the schedule to the customs tarift act, 1079 (51 of 1973) is also based on the harmonised system for the silke of uniformity it would bbe mote convenient if the customs tarif and the encise tarif ate aligned to each other, however, full alignment may not be ponsible because the scope of customs duties and central excise duties ate dilferent it is felt that it would be beneflclal to gradually align the excise tariff with the customs tari' which weuld reduce classifeations disputes and also facilitate compilation of statistics, with this object, (chapters 25 tw 40 of the schedule to the said central excise tariff act hhave been identified where alignment of the exeiwe tariff end customs 'tarif 3 considered feasible at the 4 digit level 2, the amendments propased in the bilt this stck to align chapters 28 to 40 of the central exciso tariff act with the corresponding chapters of the custom tacif act at the 4 digit level with certain minor excep ons the existing rates of duty are being preserved and the effective fates of duty in certain cases would be provided through the exemption notifications issied under the central excise rules 1944 3 opportunity has been availed of to inorease the tai rato of duty 'respect of polypropyllene wastes, 4 the bill seeks to achieve the above objects vishwanath pratap singh new deum; the 14th november, 1986, presidents recommendation under articles 117 and 274 op the constitution of india[copy of letter no, f 948/24/86-7ru (ph), dated the 11th november, 1986 from shri vishwanath pratap singh, minister of finance to the seeretary-general, lole sabha] 'the president, having boon informed of the subject mater of the bill further to amend the central rxcise tariff act, 195, recommends unter laze (1) of article 117 and article 274 of the constitution af tada, the introduction of the bill in lok sebha, annexure, bxunaere pnone nie caw excise tarr act, 1985, (8 or 1986) 'the schedule bxeise tauey, chapter 13 lac; gums, resins and other vegetable saps and ex- 'tracts noms4, this chapter does not spply to:— (©) camphor, glyeyrthisin or other products of heading no, 206 ot wu; chapter 17 sugar and sugar confectionery noms1, this chapter does not cover: (&) chemically pure sugars (other than sucrose, lactose, maltose, glu cote and fructose) and other products of heading no, 29413; or section vi products of the chemical or allied industries noregoods put up in sets consisting of two or more separate constituents some of all af which fall in this section and are intended 10 be mixed together to obtain a product of section vi or vel, are to be classifed in the heading aopropriate to that product, provided that the consti nis are: (a) having regard to the manner in which they are put up, clearly identifiable as being intended to be used together without first betng repacked: (b) prosented together: and (©) identifiable, whether by their nature or by the relative pro: portions in which they are present, as being complementary one to another chapter 29 inorganic chemicals; organic ok inorganic com pounds of precious metals, of rare-earth metals, of radioacilve elements or of isotopes notes4 this chapter does aot covers (@) sodium chloride and magnesium exide, whether or not pure, and ther products of section v; (®) organo-inorganie compounds other than those mentioned in note 9 below; (©) inorganic products of a kind used ae luminophores of chapter 32; @) artificial graphite; products put up as charges for fire-extinfguishers or put up in flre-extinguishing grenades; ink removers, and ultured crystals other than optical elements of fhe halides of the alkall fo alkaline-esrth metals, of chapter 18; (©) precious or semi-precious stones (natural, synthetic or reconstruted) or dust or powder of such stones and precious metals and precious 'metals alloys of chapter 71; (0 the metals, whether or not pure, and metals alleys of section x (@) optical slements, for eximple, of the halides of the alkali or alkalinecarth metals of chapter 90 2 except where the context otherwise requires, the headings of this chapter apply only to: (2) separate chemical elements and separate chemically defined compounds, whether or not containing impurities, (b) the preduets|mentioned in (a) above dissolved in water {¢) the products mentioned in (a) above distolved in other sot 'vents provided that the solution constitutes a normal and necessery 'method of putting up these products adopted solely for reasons cf safety or for transport and thatthe soldvent does not render the feo 'duct particularly suitable for specif use tnther than for general nex {a the products mentioned in (a), (b) or (@) above with an 'ded stabiliser necessary for thetr preservation or transporte {c) the produets mentioned in (a), (b), (e) or (2) above with an added anthdusting agent or a colouring substance added to foclitate thelr tentiication or tor safety reasons, provided that the a'ditiong 4o not render the product particularly siitable for specific use rather than for general use, 3 in addition to dithionites and sulphoxylater stablised with orvinie substances, carbonater and peroxocarbonaten ot inoreanie bases, eyonides 'evanide oxsdee and complex cyanides of inorganic bases, fulminatce eat tes and thlooyanates, of inorganic bases and carbides only the following fompounds of carbon ae to be classified in this chapter: a (a) oxides of carbon, hydrogen cyanide and fulinini, isoeyanic, 'thiocyunie and other simple or complex cyanogen acids; (b) holide oxides of carbon; (©) carbon disulphide; (@) thiccarbonates selenscarbonates, tellurovarbenates, seleno- 'eyanates tellaroeyanates, tetrathlocyanatodiamminochrorates (reine kates) and other complex eyanates, of inorgunls bases; (e) hydrogen peroxide, solidified with ures, earbon oxysulphide, 'thiocarbonyl halides eyanogen, cyanogen halides and cyanamide and lis metallic derivatives, other than calclum cyanamide, whether or not pure (chapter 31) 4, 'normal pressure! in subheading nos 280132, 280182 and 280133 'means the pressure equivalent to 760 millimetres of mereury, 5 chemically defined complex acids consisting of a non-metal acid heading no 2802 and a metallic acid of heading na, 2005 are to be classi 'ied in heading no 2802, 6, heading no, 2805 applies only to metalic or ammonium salts or peroxysalts -bxcept where the context otherwise seqiires, double or comples salts ars also to be elasnified in this heading 17, heading no, 2806 applios also to: (@) technetium (etomie no, 48), promethium (tori no, 61), polonium (atomic no 84) and all elements with an atomie umber greater than 84; (o) natural of artificial radioactive isotopes (including those of the precious metals or of the bate metals of section xiv and xv), whether or not mixed together; (©) compounds, inorganic or organic, of thase elements or isotopes, whether or not chomically dofined, whether or not mixed to: gether; (@) alloys, dispersions (including cermets), ceramic products and mixtures containing these elements or isotopes or inorganic or organic compounds thereof and having a specific radioactivity exceed- ing 0002 miero-eutie per gram; (©) spent (eradiated) fuel elements (arisidges) of nuclear reactors; (radioactive residues whether of not usable, 8 chemical elements (for exampla, silicon and selenium) doped tor tue in electronics afe to be classified ih this chapter, provided that they fare in forms unworked as drawn, or ip the form of eylinders or rod, 'when eut in the form of discs, wafers or similar form, they fall chaptee 38 = ss ey os net dane 0 cia edad atten) som -eptataaeeecs tetas ie 'of carbon not elsewhere specifad or inelided) he ops eeu ese swat ote 2032 el meh pe ee iets : oe mete gf te eae smh gta opt a 'metre of the gin rela so oe we a ee 'nin te tien ws moo sipweninminietiintten ae pape he pete iow om en eee er sed) penne ani ie anime aus ts aon "eepieeatengenypae satateeecrret, aa ime ewe ws sa sive me ine tn 60 tesa wi rn tothe '" eco me ig, mac parr a seti8 rons we mea fa me sm emote i | » | 3 | ° | o ||---------|----------------|------------|------|| 2s | 1% | | || 200550 | -sollamsticwes | 15% | || 2805 | 0 | sod | bone || 205-70 | poses | dichromate | 1% || 205-80 | roxas | pemangnate | 1% || 20990 | oller | 13% | || ed | | | || estes | | | || om | | | || nope | een | compre | hee || 280610 | hyg | powe | or || 2806-20 | cacia | abide | 139% || 21060 | -other | 18% | | 'chapter 29 organic chemicals noves1 except where the context otherwise requires, the headings of this chapter apply only to: (@) separate chemically defined organic compounds, whther ot riot containing impurities; (b) mixtures of tveo of more isomers of the same organie com pound (whether ot not containing impurities), except mixtures seyelic hydrocarbon leomers (other than stereoisomers), whether or not saturated (chanter 27); (©) the products mentioned in (a) or (6) above elssolved in water (6) the products mentioned in (a), (b) of (6) shove aislved sn otter anvents provided thatthe sohtion constitutes» normal and mestury method of putting up teen products adopted solely for reasons of safety or for transport and that the solvent does not ender the prodict partiiarly stable for specie tue rather for generat se: (e) the products mentioned in (a) (b), (@) of (2) above wt an added stbiloer necesnry for their reservation or transport () the products mentioned in (a), (b), (€), (@) of (@) shove 'with an added anti-custing agent or a colouring or odoriferous sub- slance added to facilitate their identificstion or for safety 'provided that the additions do not render the products partieulatly sultable for specific use rather than for general we; (@) the following products, diluted to standard stvengths, the products of azo dyes diazonsum salts) and eoupless used for salts end dlazntisable amines and their salts 2, this chapter does not cover: (@) goods of heading no, 1501 of glycerol (heading no, 15:06); (b) eiyl alcohol; (@) methane or propane (chapter 27)5 (@) the compounds of carben mentioned in note $ to chapter (©) urea (chapter 31); w§) colouring matter of vegetable or animal origin (chapter 'synthetic organie colouring matter, synthetic onganie products kind used as flourescent brightening agents or ag luminophores 'or dyes or other colouring matter put up ip forme of packings for retail sale of chapter 22; (9) enzymes (chapter 35); (h) notaldohyde, hexamethylonetetramine, of similar substances, put up in forms (ior example, tablets, sticks' or similar forms) for lise as fuels, or liquid or liquelied gas fuela in containers of a kind used for filing or refiling cigarette or similar lighters and of = eapoity not exceeding 300em8 (chapter 36); © products put up as charges for freextinguishers or put up fn fre-extinguishing grenades, and ink removers put up in packings {or retail sale, of chapter 38; or g) optical elements, for example, of ethylenediamine tarteate (heading no, 90:1) 8 goods whieh would be included in two or more of the headings of this chapter are to be classified in that one of those headings which oceurs 'st in numerical order 4, (@) the esters of acidfunction organic compounds of hesdings with organic compounds of these headings arg to be clasifod with that ompourd which ia classified in the heading placed last in namerical ordor in these headings () esters of ethyl aleohol glycerol with acid-function organic 'compounds of headings are to be claollad in the same hoading as the corresponding acid function compounds (©) subject to note 8 to chapter 26 (1) inorganic eats of organic compounds such ap acid-phonol for enol-function compounds or organle babes, of various headings are to he classified in the heeding appropriate to the orsganie compound; and (2) salts formed between orginie compounds of 'various hheadings are to be classificd in the heading appropriate to the 'base of to the acid (including phencl-r-enol-unetion compounds) from which they are formed, whicherer is placed jost in numerical onder in these headings (@) motal aleoholates are to be classified in the sume heading as 'the corresponding aleohols except ia the ease of ethanal and glycerol(©) walides or carboxylic nelds are to be classified in the 'heading as the corresponding acids, 5 within any one heeding of this chapter, derivatives of a a compound (or group of ehemieal compounds) sre classified in the saib-headinge ag that compound (or soup cr compounds), provided th they are not more specifically covered by eny other sub-heading and 'there is no residual sui-heading named "sther' i tho series of sub-l ings concerned the 'normal prescuse! in sub-heading no, 200110 moans the: rare equivalent to 780 millimetres of mercury | heise | sib | dessrpin | of | nds | rate | ony ||----------------|--------------|-------------|--------|-----------|---------|--------|| ro" | wae | ~ | | | | || o | | | | | | || 8 | | | | | | || ° | | | | | | || @ | | | | | | || a | | | | | | || moto | | | | | | || ta | | | | | | || satmestet, | | | | | | || 110 | aseene | wat | mk | abelemnon | or) | ra || cali | a | "ate | gu | | | || wise | | | | | | || 201-20 | calorie | roabons | asta | othe | 2% | || 20150 | | | | | | || ole | | | | | | || 4 | | | | | | || ae | | | | | | || ao | | | | | | || nd | | | | | | || ele, | | | | | | || ponte | | | | | | || sre | | | | | | || 290210 | | | | | | || metal | | | | | | || wh | | | | | | || 200220 | | | | | | || neato | | | | | | || 1% | | | | | | || 2299 | | | | | | || 02m | | | | | | || se | | | | | | || ee | | | | | | || heal, | | | | | | || seman | | | | | | || al | | | | | | || bem | | | | | | || 'apa | moose | or | reel | | | || ohi | | | | | | || -paacsseditate | | | | | | || im | | | | | | || 2990-01 | | | | | | || i | | | | | | || 20400, | | | | | | || sia | | | | | | || peat, | | | | | | || ote | | | | | | || proses, | | | | | | || ane | | | | | | || 'shin, | sted | oe | 'aktma | wee | | || 295 | | | | | | || 30500 | | | | | | || wehydonatin | | | | | | || comets | | | | | | || ts | | | | | | || es | | | | | | || xemattin | | | | | | || cans | | | | | | || sk | | | | | | || nne | | | | | | || bct | | | | | | || 0610 | | | | | | || aowone | | | | | | || i | | | | | | || 20620 | | | | | | || caror | | | | | | || 1h | | | | | | || 20690 | | | | | | || the | | | | | | || 1% | | | | | | || sper | | | | | | || congest | | | | | | || a | | | | | | || gate | | | | | | || aie, | | | | | | || tes, | | | | | | || 'poona | eie centers, | sets | | | | || ero | | | | | | || asner | | | | | | || iw | | | | | | || 390720 | | | | | | || aaieantiae | | | | | | || 18% | | | | | | |a) o a 207-39 dime ephlne xi wo som a0 ongae-nrgnie comput, tetecrcte cme 'ii ate sd a ae "yal 'siac p 290010 -capractim ca 300-20 sulphinanie 'i 290050 other is 2019 3910-00 porm, sie an bomenes ws s910 quire ands ni 21-9 othe 1s bieio pine and ig dees ih pean na 29kl20 sictompeing and blr deities; sal theseot nit '1230, terenas and tele dso: wales theest np 2mlado cavampeaieot and ik derntnea; sah mi c o 20250 eomyoin ad cain js thee, na oer si 275 bu-00 ter ong compos lee (chapter 20 pharmaceutical productsending sam, desepdon of goods rate of dy re ee = ie a @ » « eet mo200 anno nada, totan, cles of le ns etic heent et ex ni sent ae site peas sa (chapter 31 fertilisers noms1 heading nos 8102, 105, 8104 snd 8108 cover mineral or festilisers, eyen when they are clearly not io be used an fertilisers 2 for the purposes of heading no 3105, the term "other fertil applies only to products of @ kind used aa fertilisers and cont sn estential constituent, at least one of the fertilising elements nit phosphorus or potassium, chapter 33 essential oils and resinoids: perfumery, cosmetic toilet preparations noves2 heading nos, 3808 to 3808 apply, interalia, to products, whe for not mixed (other than aqueous distillates and aqueous solu 'ssential lls), sullable for use as goods of these headings and pat packings with labels, iterature or other indications that they ate for ss cosmetics or tolet preparations or put up in form clearly x {o such use and includes products whether or not they contain su pharmaceutical of antiseptic constituents, or are held out as having 'diary, curative or prophylactic value albuagnoidal substances; modified starches, glues; enzymesnoms 'this chaptor does not cover: (a) yeasts (chapter 21); (®) blood fractions (other than blood albumin not prepared for therapeutic or prophylactic uses), medicaments and other, products of chapter 30; (c) enzymatic propsrations for pre-tanning (chapter 32); (4) enzymatic soaking or washing preparations na other prolusty of chapter 94; (e) hardened proteins (chapter 29); or ) gelatin products of the printing industry (chapter 49), heine sa deinjon of goats ate ordiny 0 @ » « ase oii suiane: male sien gn 80010 ei ates a 280190 -onter i (chapter 36 explosives; pyrotechnic products; matches; pyrophoric alloys, certain combustible preparations noms2 'articles of combustible materials! in heading no, 9604 applies oniy 10; (a) metsldehyds, hexamethylenetetramine and similar nibstances put up in forms (lor example, tablets, sticks or slmilar form) for use as fuels; fuels with 2 basis of aleohol and similar prepared fuels, in sclid cr semi-solid form:(b) liquid of tauebed ges foes in containers of a kind wed for ailing or telling cigarette or similar lighters end of 4 capacty nak exceeding 300 em ane (o) rosin trshos, frlighiors ond the hk ; 4 for the purposes of heading ko 960, match' tnehudes a fzowot 'nthe form of «maton; anf, whers a match ste has more hess then che cxpae of being ignited hy string, each atch herd should be deem: i to be a mate | heating | $0 | escinto | gots | rate | ity ||------------|--------|------------|---------|---------|--------|| o | @ | ® | « | | || or | 09 | props | mies | gaa | epi || hw | ine | poco | dom | | || ae | adc | ewe | ancy | eee | || wari | | | | | || fiwworte | | | | | || 1 | | | | | || 30290 | over | 1% | | | || ey | 30800 | macnee | nti | 20 | ey || 'ratt | te, | | | | || 3 | 2s | gemstar | | | || rees | thi | gane | | | | photographic or cinematographic goods| yt | sey | deion | of | sate | raat | day ||-------------------|--------|------------|------------|---------|---------|--------|| is | | | | | | || site | ta | | | | | || enaress | | | | | | || "ort | "ts, | susie | anespured, | whether | of | || bae | | | | | | || ol | forxey | fea | | | | || 201 | | | | | | || 90 | | | | | | || =o | | | | | | || ore | | | | | | || se | | | | | | || guaran | | | | | | || pape | | | | | | || ppd | | | | | | || an | | | | | | || ei | | | | | | || ee | | | | | | || 'tbtber | apse | fst | we | sed | | || 370210 | | | | | | || morogaic | | | | | | || rue | | | | | | || or | | | | | | || mpebnand | | | | | | || py | | | | | | || 702 | | | | | | || 20 | | | | | | || ~ | | | | | | || senet | | | | | | || ees | | | | | | || me | | | | | | || 31635703 | | | | | | || 00 | | | | | | || phoegrphlepatsand | | | | | | || fin | | | | | | || xpd | | | | | | || dtoped, | | | | | | || 'se | | | | | | || an | | | | | | || marge | | | | | | || fi | | | | | | || ar%4 | 270600 | gimatogrph | ns | pant | 30 | rive || | | | o | o | a ||-----------------------|-------|---------|------------|-------|-----------|| "spores | sound | rack | or | cian | ou || proto | ns | ined | fap | pon | || 57051 | == | boren | sas | aas, | cae || feito, | ga | tlie | fy | te | co || os | ee | | | | || sar | ron | oema | eee | oe | || sesieiepesse | | | | | || jtenoe | and | eleurod | disses | ous | the || for | | | | | || sn | | | | | || by | | | | | || tm | | | | | || tino | | | | | || ante | | | | | || of | | | | | || inia | | | | | || ni | | | | | || "sa | | | | | || salar | | | | | || hee | | | | | || ny | | | | | || te | | | | | || srtion, | | | | | || study | | | | | || tad | | | | | || faces | | | | | || perp | | | | | || oils | pi | tte | esa | end | || te | sune | ea | sarviaiast | | || 'vals | held | in | tails | or | abroad: || 27000 | | | | | || = | | | | | || ign | | | | | || fl | | | | | || cfs | | | | | || awe | | | | | || ty | | | | | || hs | | | | | || cua | | | | | || i | | | | | || oe | | | | | || fie | | | | | || dvisoa | | | | | || ' | | | | | || pratt | shor | im, | othe | than | sdetanant || si) | | | | | || sepang | | | | | || 1 | | | | | || ome | | | | | || giduromirematnatnstes | | | | | || sin | | | | | || or | | | | | || memfetaay | | | | | || cine | | | | | || a | | | | | || pn | | | | | || canner | | | | | || caer | | | | | || eat | | | | | || ssa | | | | | || -og | | | | | || nin | | | | | || fw | | | | | || gat | | | | | || 'borst | | | | | || ori | | | | | || coaisaen | | | | | || ™ | | | | | || pinta | of | tai | i | | || [706a | | | | | || mad | | | | | || tread | | | | | || hie | | | | | || nf | | | | | || eth | | | | | || re | | | | | || 2000 | | | | | || pe | | | | | || xn | | | | | || ie | ea | tens | 2850p | | || ct | ae | aril | | | || male | whoty | cr | gaclvin | sour | nt || a | ekg | fd | co | | || yin | | | | | || slo | | | | | || and | | | | | || of | | | | | || rath | | | | | || re | | | | | || 22400 | | | | | || per | | | | | || ent | | | | | || usa | mado | what | ge | | || 'acslig | 0 | | | | || 7055) | pic | rin, | nealing | ope | na || ie | | | | | || of | | | | | || ait | | | | | || o | | | | | || ies | | | | | || sa | | | | | || " | | | | | || stor | 60 | = | mtr | pies, | enone || oie | eae | ete | re | | || rec | artis | shots, | et | et | || $70591 | | | | | || -- | | | | | || made | | | | | || whey | | | | | || i | | | | | || asta | | | | | || whe | | | | | || re | | | | | || 4 | | | | | || per | | | | | || eve | | | | | || 370592-- | | | | | || made | | | | | || whol | | | | | || or | | | | | || pal | | | | | || in | | | | | || our | | | | | || he | | | | | || 6 | | | | | || por | | | | | || ete | | | | | || "0600- | | | | | || = | | | | | || cheic | | | | | || "inn | | | | | || ort | | | | | || plore | | | | | || ee | | | | | || (ter | | | | | || oe, | | | | | || tance | | | | | || and | | | | | || cnt | | | | | || 18% | | | | | || econ | | | | | || steed' | | | | | || yeast | | | | | || fe | | | | | || poe | | | | | | chapter 3 miscellaneous chemical products nore'this chapter includes, inter alia, the following goods {a) artitiial graphite; colloidal or gem-colloidal graphite, prepparations based on graphite or other carbon in the form of pastes, blocks, plates or other semi-manufaetures; (@) activated carbon; activated natural mineral products; ani- 'mat blaek, ineluding spend animal black; (@) tall ol, whether or not refined; (4) residual tyes from the manufacture of wood pulp, wihetber for mot concentrated desugared or chemically treated, including jignin sulphonates; (@) gum, wood or sulphate turpentine and other turpentine oil podvieed by the distillation or other treatment of coniferous wood: rude sispentene; sulphite turpentine and other erude para-cymens pine oil containing alphaterpineol as the main constituent; (0) rosin and resin acids, derivatives thereof; rosin spirit and rosin oils; run gums; (@) wood ta; wood tar ile; wood execsote; wood saphtha: 'vegetable pitch; brewers pitch andl similar preparations based on rosin, resin acids or on vegetable pitch: (th) toasetiides, rodenticides, fungicides, herbicides, ant-sprouting products and plant-growth regulators, disinfectants and similar products; () finishing agente dye corriers to accelerate the dyeing ot fixing of dye-stulls and other products and preparations (for ex: tmpte, dressings and mordants) of a kind use in the texte, paper, eather or ike industries, not elsewhere specified or included g) pickling preparations for metal surfaces; fluxes nil other 'uniliery preparations for soldering, brazing or welding: soldering, tiking or welding powders and pastes consisting of metal and other materials, preparations of king used as coves or coatings for weld 'ng electeodes of rods; (2) antizenocke preperations, oxidation inhibitors, gum) wnbihitors: viscosity improvers, anticeorrosive preparations and other pro- 'erred adaitive, for sninera oils including gasoline) or other tins {sed for the snme purposes as mineral oils; () propared rubber accelerators; compound plasticlsers for 'rubber or plastics, not slsashere specified or included; ant\-oxidising reerations and other compound stabilisers for rubber or plastics: (m) proparations and charges for fire-extingmlshers: chara 'roevtingulshing grenades; (2) organic composite solvents and thinners, not elsewhere epecifled or included; prepared paint or varnish removers; (0) reaction intistors reaction accelerators and catalytic propa ations, not elsewhere specified or included; (p) refractory cements, mortars, coneretes and similar compesl- 'tons; (@) mixed alkybenzenes and mixed alkylne'phthalenes, other 'than those of chapter 27 or chapter 29; (7) chemical elements doped for use in electronics in the form 'of dincs, wafers of similar forms; chemical compounds doped for use sn electronics; () hydraulic brake fluids and other prepared liqutds for hydraulic transmission, not containing or containing less than 70 per cent, by 'wolght of petrcleum ails or als obtained from bituminous mincrels; () antistreesing preparations and prepared de-icing fluids; (a) prepared culture media for development of micro-organisms; (2) composite diagnostic or iboratory reagents, other than these of chapter 80; go) prepared binders for foundry moulds of cor (2) fusel oll; dippel's { ink-removers; stencil correctors; | ine | nn | of | rave | erat ||-------------|---------|-------|---------|---------|| = | desc | fone | z | || © | | | | || @ | | | | || a | | | | || we | | | | || secheaaabra | | | | || ects | | | | || ate | | | | || 'stal | adr | ao | cbewire | syecied || ag | | | | || rinna | i | a | ets | er || 'and | oan | ls | fav | me || 1% | | | | || mor | 12 | ran | gums | wr || 00119 | —orkee | a | | || 1mof20 | | | | || teen | | | | || angie, | | | | || hres, | | | | || weds | | | | || ant | | | | || ni | | | | || pede | | | | || sig) | = | bape | er | acta || | | | | || poon | | | | || pte | | | | || forebte | | | | || o | | | | || bonu | | | | || tangle | | | | || | | | | | || ata | empoand | loen | | || forge | | | | || + | | | | || chia | | | | || teats | | | | || dpe | | | | || rua | | | | || in | | | | || scie | te | fom | af | dec, || sop | ses | tim, | shea | || (ed | ge | ces | | || smiee | | | | || ae | | | | | section vil plstics and articles thereof: rubber and articl 'thereof noes 4 goods put up in sets consisting of two ar more separate consti some or all of which fallin this section and sre intended to be tayether to obtain a preduct of section vi or seetion vil, are tobe el fled in the heading appropriate to that product, provided that the ca 'ents are,— (a) having rogard to the manner in which they axe put up, {dentifable as boing intended to be used together without fist h repacked; (d) presented together; and (6) identifiable, whether by thelr nature of by the relative p portions in which they are present, as being: complementary 'another, 2 except for the toods of heading no, 3818 or 3913, plastics, rib and articles thereof, printed with molifs, characters of pictorial 'ations, which are nat merely incidental to the primary use of the 'll m chapter 49 chapter 29 plastics and articles thereof ores41, throughout this schedule, the expression plastics means those materials of heading nos 1901 to $914 which are or have beoo able, either at the moment of polymerisation or at some subsequent of being formed under external influence (usually heat and pressure, hnecesssry with a solvent or plastilser) by moulding, casting, extrud tolling or other process into shapes which are retained on the remo of the external influence 'theoughout this schedule, any reference to 'plastics' also tneln vuleanised sire, 'the expression, however, does not apply to mater 'regarded as textile materials of section xi 2, this chapter does not cover:— {@) linoxyn (heading no, 1808); waxes (chapter 27 or chapie 3; 11, heading no 9922 applies inter clia tothe following at (h) baths, washbasins and similar sanitarywate; articles tor tthe conveyance and packing of goods; tableware and kitchenware: (@) omamental architectural features, for example, futings, ceapolas, doverotes; (%) transmission, conveyor or levator belts, endless or eul-tolength and joined end to end, or fitted with fasteners: and (1) household artictes of plastics (far exemple, dust bins, buckets, watering cans, luncheon boxes, knives, forks), ding sub distpiin of goods suber be reine o © or peters thn, apy fae s814 591400 kon-excianiss hand an polrmas of heuins —032 noe sar" a bg ae! ! ter slaty, eek et, and we sa" ores le, inadiog, poutine, foam uk rig plot ook abe, im, foil amd 7806 112 plate pints, mose, aha, hn, ft 8% 'se ao beanies ages na wes of atts ni) of ecg no 9 bts wel ais of oahuctians voaat 290 0m chapter 40 rubber and articles thereof ows2, this chapter does net cover: (©, headgear of parts theréot of chapter 65;heating su dessnia ot ave oy ret tae i <a ne o @ ° cy an ype hap of raer 401210 of 2 kn wl on fuga and th sha oie tte en 412,90 omer 120 paren as arde of mutes of sedig no 006 401510 of eater ebder ww 41590 -08er 18% wass 401690 aricte of apart tnd lain aenwming 15% cer feat 'ete a rs sax 101700 order, arts valent rir (tt a 18% pa fea 'seats ous vaceaid rer exam coat) ia 'ainge tan ap es 'ardnadrabterjn all forms, nlaing waste 18% sed eb sain 8x section xvi machinery and mechanical appliances; electrical equipment; parts thereof: sound recorders and reproducers, television image and sound recorders and reproducers, and parts and accessories of sucte articles nowes1 'this section does not cover: (a) 'transmission or conveyor belts or belfing, of plasties af chapter 39, or of vuleankied ruber (heading no, 400); or other fticls of a kind used in machinery or mechanical or electrical ppliances or for other technical uses, of wnhardened vuleanlsed rubber (heading no 4017); () articles of leather or of composition leather (heading no 4201) or of furskin (heeding no 430), of a kind used in machinery or mechanical appliances of for other technical uses; | Parliament_bills | 6a89c7d8-4c9c-5e60-acdf-6d37807fc8e8 |
bill no 227 of 2018 the industrial employment and environmental protection bill, 2018 bydr dharam vira gandhi, mp a billto provide employment to the local residents of any area in which an industry has been or is going to be setup, ensure basic income to all workers and to establish a regulatory mechanism to protect environment from any adverse effects due to industrialization in such area 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 industrial employment and environmental protection act, 2018short title, extent and commencement(2) it extends to the whole of indiadefinitions2 in this act, unless the context otherwise requires,—(a) "annual report" means a report giving the details of the development activities taken up over the year by the authority and providing details about the targets set and achieved;5(b) "appropriate government" means the concerned state government or the union territory government, as the case may be, and in all other cases, the central government;(c) "authority" means the industrial employment and environmental protection authority established under section 3; and(d) ''prescribed'' means prescribed by rules made under this act103 (1) with effect from such date as the central government may, by notification, appoint, there shall be constituted for the purposes of this act, an authority to be known as the industrial employment and environment protection authority for carrying out the purposes of this act15(2) the authority shall consist of—establishment of the industrial employment and environment protection authority(i) union minister of state in the ministry of labour and employment—ex-officio chairperson;(ii) union minister of state in the ministry of environment—ex-officio vice chairman; and20(iii) director, central board for employment, union minister of labour and employment—ex-officio member (3) the central government shall appoint such number of officers and staff as it considers necessary for the functioning of the authority who have special knowledge pertaining to employment schemes and environmental issues25(4) the salary and allowances payable to and other terms and conditions of the officers and staff of the authority shall be such as may be prescribed4 (1) the headquaters of the authority shall be at new delhiheadquarters and other offices of the authority(2) the authority shall establish offices at such other places in the country as it may deem necessary for carrying out the purposes of this act30meetings and procedure of the authority5 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 by the central governmentfunctions of the authority6 (1) without prejudice to the provisions contained in this section, the functions of the authority shall include,—35(a) undertaking a baseline study to collect comprehensive data about the existingminimum number of local resident employees working in all industries to which land is provided by government;40(b) undertaking a baseline study to collect comprehensive data of adverse effectson the environment within the circumference of 5 kilometer where the particular industry has been setup, due to the working mechanism of the industry;(c) formulating a scheme and giving mandatory guidelines to the industries to reserve a certain percentage (at least fifty per cent) of employee positions exclusively for local residents of that area;(d) formulating a scheme for providing wages throughout the year for those employed seasonally;45(e) creating an establishment to maintain data on the workers of closed sick industries and to formulate schemes for the welfare of such workers;(f) formulating eco-friendly schemes and giving mandatory guidelines to protectthe flora and fauna in the circumference of 10 kilometer of the particular industry;(g) installing regular test mechanisms to trace the effects on the environmentdue to industry production;5(h) recommend penalty including cancellation of license or such other penaltyas are necessary to save the environment for violation or norms or guidelines by industries; and(i) undertaking such other activities, as may be prescribed by the centralgovernment10(2) the authority shall disseminate the necessary knowledge and information collected,to the respective departments of the central government and the state governmentsannual report7 (1) the authority shall prepare every year an annual report in such form and as may be prescribed by the central government, giving a summary of its activities including schemes it has undertaken and recommended to the appropriate government during the previous year and it shall contain the statements of annual report of the authority15(2) a copy of the annual report shall be forwarded to the central government and the central government shall cause the annual report to be laid, as soon as may be after it is received, before each house of parliament20power to remove difficulty8 if any difficulty arises in giving effect to the provisions of this act, the central government may, by order, published in the official gazette, make such provisions not inconsistent with the provisions of this act, as may appear to it to be necessary or expedient for removal of the difficulty:provided that such order shall be made after the expiry of a period of three years from the date of commencement of this act25power to make rules9 (1) the central government, in constitution with the state governments, may bynotification in the official gazette, make rules for carrying out the purposes of this act30 35(2) every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or regulation or both houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation statement of objects and reasonsarticle 38 provides that the state shall promote welfare of the people and secure a social order and protect social, economic and political justice to the people this explicitly means that the state is free to form such policies for the promotion of welfare of the people, as and when it deems fitunemployment is a serious issue for the growing population of the country and the statistics collected in the last decade certainly prove that unemployment is growing rapidly and to generate jobs for the youth is the need of the hour setting up of industries is one of the promising solutions to control the unemployment rate there have been several examples where the state as well as central governments have acquired lands from the people and given them to industries to promote industrialisation in the country in return, monetary compensation is given to the land holders for the land acquisition done by the government however, one-time monetary compensation is not the only way, the government can also formulate such schemes by giving mandatory guidelines to the industrialists to hire certain percentage of their employees from the local area where the industry is being set up this can be the adept way to tackle the problem of rapidly growing unemployment rate of the countrystudies of the industrial revolution show that the growth of industries has adversely affected the environment this also alludes to the fact that proper precautionary measures are not being taken either by the industries or the government right to clean and healthy environment is a fundamental right which comes under the purview of article 21 of the constitution human needs are limitless and when it comes to urbanisation, they are never satisfied we as humans compromise with nature as per our convenience but, we often forget about the role the environment plays in our lives the green environment that we live in consists of air, water, sunlight, trees etc everything that the environment consists of is important to us it is the duty of the state to establish an authority and some kind of control mechanism for the industries, given their arbitrary practices have already affected the environment adverselythis bill provides for the aforementioned necessary safety net by providing for these measures, it will be the much-needed antidote required to control unemployment and growing environmental issues within the countryhence this billnew delhi;dharam vira gandhinovember 27, 2018 financial memorandumclause 3 of the bill provides for the establishment of the industrial employment and environment protection authority it also provides for appointment of officers and staff to the authority clause 4 provides for establishment of headquarters and officers of the authority clause 6 provides for the authority to undertake studies and formulate schemes for the better management of industry and environment the bill, therefore, if enacted, would involve expenditure from the consolidated fund of india it is estimated that a recurring expenditure of about rupees twenty five crore per annum will be involved from the consolidated fund of indiaa non-recurring expenditure of about rupees thirty crore is also likely to be involved memorandum regarding delegated legislationclause 9 of the bill empower the central government to make rules for carrying out the purposes of this bill as the rules will relate to matters of detail only, the delegation of legislative power is of a normal character———— a billto provide employment to the local residents of any area in which an industry has been or isgoing to be setup, ensure basic income to all workers and to establish a regulatorymechanism to protect environment from any adverse effects due to industrializationin such area and for matters connected therewith or incidental thereto————mgipmrnd—2513ls(s3)—19-12-2018 | Parliament_bills | d5844fdd-a82d-59b7-8d5e-c566ea18831e |
bill no 242 of 2017 the compulsory sports education and basic infrastructure development in schools bill, 2017 by shri dhananjay b mahadik, mp a billto provide for compulsory sports education from primary to senior secondary level and provision of requisite basic infrastructure in all government and private schools 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 sports education and basic infrastructuredevelopment in schools bill, 2017short title, extent and commencement(2) it extends to the whole of india5definitions2 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) "basic infrastructure" means requisite resources such as play ground, articles of sports, sports instructor and requisite environment as are required for sports in the school;(c) "prescribed" means prescribed by rules made under this act; and (d) "school" means any government school or a government aided school or a private school, which imparts education from primary to senior secondary school level103 (1) as soon as may be, the central government shall formulate a national policy for providing sports education and ensuring requisite infrastructure development in all schools of the country(2) the national policy referred to in sub-section (1) shall include the following provisions:—15formulation of a national policy for providing sports education and infrastructure development in schools(i) encouraging sports and sports education and creating awareness ofimportance of sports;(ii) providing free and compulsory sports education in the schools to all thestudents;(iii) ensuring the availability of sports instructor in all the schools;20(iv) providing adequate financial assistance for infrastructure development forsports education in all the schools;(v) seeking assistance of mahatma gandhi national rural employment guarantee scheme for basic infrastructure development in the schools;25(vi) preparing standard and qualitative syllabus for sports education as per age and physical capacity under the guidance of experts and universalisation thereof;(vii) incorporating sports as a compulsory subject in the schools;(viii) providing sports scholarship/stipend to the students with outstanding performance in sports;30(ix) providing weightage to marks obtained in sports for admission in institutions of higher education like institution of national importance, iits, iims and aiims; and(x) according preference to the outstanding sports persons in direct recruitment to posts under the central and the state government services4 (1) it shall be the duty of the appropriate government to implement the national policy formulated under section 335implementation of the national policy by the appropriate government(2) the appropriate government shall review the progress and quality of sports education being provided by the schools, from time to time, in such manner, as may be prescribed405 (1) the central government shall, by notification in the official gazette, constitute a fund to be known as national sports education and infrastructure development fund for carrying out the purposes of this act(2) the central government and the state governments shall contribute to the fund in such ratio as may be prescribedconstitution of a national sports education and infrastructure development fund6 where a school violates the provision of this act, the appropriate government may take such punitive action, including withdrawal of recognition of the school, in such manner, as may be prescribedpunishment for violation of provision of the actpower to make rules7 (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 reasonsindia is a country having the highest number of youth in the coming time, crores of children shall become youth and these children will be the real future of the country from demographic dividend point of view the responsibility of overall development of children lies on society and the government the ancient civilization and culture of india has been very rich and the importance of sports in various forms and structures is evident since time immemorialin the recent phase of human and social development, this assumes all the more significance in this context, some constructive initiatives to espouse sports as an important factor in the overall development of children is required today sports are played through the length and breadth of the country in an unstructured way there is no dearth of talent in various sports in the country the only shortcoming is that they seldom get proper resources and training in a bid to identify real talent, requisite environment needs to be created for children at the school itself positive initiative in this regard may be made by making sports education compulsory in schools increase in the number of the youth having positive and vibrant energy will provide pace and momentum to the development of the country and will assist in prevention of socially disruptive activities sports stills a sense of community feeling, discipline and zeal to be organized compulsory sports education in schools will identify talent and make india excel in the global sport and competitions therefore, it is necessary that compulsory sports education be made at the school levelhence this billnew delhi;dhananjay b mahadiknovember 28, 2017 financial memorandumclause 3 of the bill provides for the formulation of a national policy for providing sports education and infrastructure development in schools it also provides for creating awareness of sports among students, free and compulsory sports education, availability of sports instructor, financial assistance for infrastructure development, scholarship/stipend to students in schools clause 5 provides for constitution of a national sports education and infrastructure development fund the bill, therefore, if enacted, will involve expenditure from the consolidated fund of india at this stage, it is difficult to give an exact estimate of the actual expenditure to be incurred on it however, it is estimated that a recurring expenditure of rupees fifteen thousand crore will be involved from the consolidated fund of india per annuma non-recurring expenditure of rupees hundred crore is also likely to be involved memorandum regarding delegated legislationclause 7 of the bill empowers the central government to make rules for carrying out the purposes of the bill as the rules relate to matters of detail only, the delegation of legislative power is of a normal character———————— a billto provide for compulsory sports education from primary to senior secondary level andprovision of requisite basic infrastructure in all government and private schools andfor matters connected therewith————(shri dhananjay b mahadik, mp)gmgipmrnd—2644ls(s3)—19-12-2017 | Parliament_bills | d66d40d7-bdda-5a94-9858-da98f73d841e |
iud no 138 m 1983 the appropriation (railways) no5 bill, 1983 a billto authotise payment and appropriation of certjain further sums from cmc1 out of the contozidated fund of india for the services ojithe :f1nancial year 1983-84 for the purposes of railways be it enacted by parliament in the thirty-fourth year of the republic of india as follows:-1 this act may be called the appropriation (railways) no 5 act, short title 1~ , ~ 5 z from and out of the consolidated fund of india there may be paid and appli~d sums not exceeding those specified in column 3 of the schedule amounting in the aggregate to the sum of five lakhs rupees towa,rds defraying the several charges which will come in course of payment during the financial year 1983-84, in respect of the services relating to 10 railways specified in column 2 of the schedule issue of rs5,oo,ooo out of the c"odsolidatedfund of india tor the financial year 1983-84 appropriatiod 3 the sums authorised to be paid and applied from and out of the consolidated fund of india by this act shall be appropriated for the services and pui'po'ies expressed in the schedule in relation to the said year the schedule (see 88ctions 2 and 3)no of vote total sums not exceedi plitt illldl'111 fund ri ra ri 16 ~t_acquisitiod, cuastructinn and rfoplacer~t·· otlaf:'r expenditure 10 5,00,000 this b'll' t tion of in~,lsr=dr::'~:!r!~~~~:~: of article 1~4 (1) of the constitution out of the consolidated fund eof~ to provlde for the appropriaof india of the moneys required te :ae:~a t~: supple~entary expenditure on the grants made by the lok fi i 1 expendlture of the central government on railways for the nane a year 1983-m ' a b a ghani khan choudhury president's recommendation under article 117 of the constitution of india[copy of the letter no &3-b-402, dated the 7th december, 1983 from shri a b a ghani kban choudhary, minister of railways to the secretary, lok sabha] the president, having been informed of the subject matter of the proposed appropriation bill to authorise payment and appropriation of certain further sums from and out of the consolidated fund of india for the services of the financial year 1983-84 for the purposes of railways, recommends under clauses (1) and (3) of article 117 of the constitution of india read with clause (2) of article 115 thereof, the introduction in and consideration by lok sabba of tbe appropriation bill a billto authorise payment and appropriation of certain further suid8 from and out of the consolid ted fund of iudia for the service of the financlal year 1983-84 for t'le purposes of railways (shri a b a ghani khan chdudh4ry, minilte1' uf railway,) | Parliament_bills | abf5982f-f50e-5822-a0cd-9e7110bdf8ae |
bill no 128 of 2011 the national highways authority of india (amendment) bill, 2011 a billfurther to amend the national highways authority of india act, 1988be it enacted by parliament in the sixty-second year of the republic of india as follows:—short title1 this act may be called the national highways authority of india (amendment) act,201168 of 1988amendment of section 32 in section 3 of the national highways authority of india act, 1988, for sub-section(3), the following sub-section shall be substituted, namely:—5"(3) the authority shall consist of—(a) a chairman; (b) not more than six full-time members; and(c) not more than six part-time members, 10 to be appointed by the central government by notification in the official gazette:provided that the central government shall, while appointing the part-time members, ensure that at least two of them are non-government professionals having knowledge or experience in financial management, transportation planning or any other relevant discipline statement of objects and reasonssection 3 of the national highways authority of india act, 1988 provides for constitution of the national highways authority of india for the development, maintenance and management of national highways and for matters connected therewith or incidental thereto as per sub-section (3) of the said section, the authority shall consist of (i) a chairman; (ii) not more than five full-time members; and (iii) not more than four part-time members keeping in view the vastly increased mandate for national highways authority of india and also the greatly enhanced participation envisaged for the private sector, it is proposed to amend sub-section (3) of section 3 to increase the strength of full-time members from five to six and part-time members from four to six to allow induction of professionals of repute in the fields of financial management, transportation planning and other relevant areas induction of outside professionals will enhance the capacity of the authority to take strategic decision, widen its perspective, bring in the best management practices, and assist in achieving the goal of higher private participation2 earlier, the national highways authority of india (amendment) bill, 2008 to give effect to the proposal in the preceding paragraph was introduced in the lok sabha on the 22nd december, 2008 which lapsed due to dissolution of the fourteenth lok sabha it is now proposed to re-introduce the bill on the lines of earlier bill introduced3 the bill seeks to achieve the above objectsnew delhi;c p joshithe 12th december, 2011 financial memorandumthe bill seeks to amend section 3 of the national highways authority of india act,1988 relating to the constitution of the national highways authority of india sub-section (3) of section 3 of the said act provides that the authority shall consist of a chairman and not more than five full-time members and not more than four part-time members to be appointed by the central government2 clause 2 of the bill seeks to amend the said sub-section (3) so as to increase the number of full-time members from five to six and that of the part-time members from four to six the salaries and allowances of the additional one full-time member and two part-time members shall be paid by the national highways authority of india from its funds3 the bill does not involve any other expenditure of a recurring or non-recurring nature annexure extract from the national highways authority of india act, 1988 (68 of 1988) chapter ii the national highways authority of india3 (1) constitution of the authority(3) the authority shall consist of—(i) a chairman; (ii) not more than five full-time members; and (iii) not more than four part-time members, to be appointed by the central government by notification in the official gazette ———— a billfurther to amend the national highways authority of india act, 1988————(shri c p joshi, minister of road transport and highways)gmgipmrnd—3240ls(s3)—14-12-2011 | Parliament_bills | bcc8d06e-681e-567e-9acb-e99f50cb6cc5 |
bill no xlvii of 2014 the constitution (amendment) bill, 2014 a billfurther to amend the constitution of indiabe it enacted by parliament in the sixty-fifth year of the republic of india as follows:—1 (1) this act may be called the constitution (amendment) act, 2014(2) it shall come into force with immediate effectshort title and commencement2 in clause (1) of article 275 of the constitution, before the existing first proviso, the following proviso shall be added, namely:—amendment of article 275510"provided that there shall be paid out of the consolidated fund of india as grants-in-aid of the revenues of a state such capital and recurring sums as may be necessary to enable that state to meet the costs of implementation of various welfare schemes in particular which are directed towards employment generation for the unemployed youth, pension for senior citizens including farmers, widows, physically challenged persons, education and vocational training for the scheduled caste, scheduled tribes, other backward classes, minorities or development works undertaken by the state in the larger public interest and if that state is unable to implement or execute such schemes or works, as the case may be, due to severe financial crunch being experienced by the state:5provided further that a sum of rupees ninty thousand crore shall be allocated as grants-in-aid of the revenues of the state of west bengal as one time grant and rupee thirty thousand crore per annum as recurring expenditure and such amount shall be paid out of the consolidated fund of india to the state" statement of objects and reasonsthe state of west bengal has of late started making progress under the present state government but still it is one of the economically, industrially, educationally and socially backward and underdeveloped state of the republic of india mainly due to consistent neglect and apathy of successive governments at the centre towards the state the state is inhabitated by poor people, tribals, labourers, farmers, fishermen, etc and it is facing gigantic problems such as severe unemployment amongst the youth of the state, lack of industrial development due to poor infrastructure and high handedness of trade unions of a front ruling the state in the past, lack of healthcare facilities resulting in spread of various diseases mainly the vector borne diseases like malaria, filaria, dengue, encephalitis, chickengunea, various waterborne diseases, tb, cancer and other diseases the road network including the highways passing through the state is in bad shape there is lack of educational facilities particularly its infrastructure such as buildings, play grounds, drinking water facilities, toilets for girls and boys, desks and tables, hostels, libraries, etc etc there are millions of senior citizens, widows, physically challenged people who are to be given pension for their living, millions of sc, st and obc students who are to be given scholarship etc apart from apathy of the centre agitations in the hilly parts of the state also affects the economy of the statethe present state government is doing its level best to turn around the economy of the state so as to bring prosperity and overall development of the state but it has its own limitations the state government needs huge central assistance to accomplish its developmental tasks the chief minister of west bengal consistently demanding for an economic package for the implementation of various development projects and welfare schemes for the youth, poor people, senior citizens, widows, physically challenged, scs, sts, obcs, minorities, students, farmers and workers and labourers etc but so far has not succeededarticle 275 of the constitution provides for payments of grants-in- aid of the revenues of various states who are in need of financial assistance for various purposes in order to enable the central government to release funds for the economic package to west bengal amendment of this article has become necessaryhence this billkanwar deep singh financial memorandumclause 2 of the bill provides for grants-in-aid of the revenues of the state facing severe financial crunch it also provides for one time grant-in-aid of rupee ninety thousand crore and rupee thirty thousand crore as recurring annual expenditure the bill, if enacted, will involve this expenditure from the consolidated fund of indiano non-recurring expenditure is likely to be involved annexure extract from the constitution of india grants from the union to certain states275 (1) such sums as parliament may by law provide shall be charged on the consolidated fund of india in each year as grants-in-aid of the revenues of such states as parliament may determine to be in need of assistance, and different sums may be fixed for different states:provided that there shall be paid out of the consolidated fund of india as grants-in-aid of the revenues of a state such capital and recurring sums as may be necessary to enable that state to meet the costs of such schemes of development as may be undertaken by the state with the approval of the government of india for the purpose of promoting the welfare of the scheduled tribes in that state or raising the level of administration of the scheduled areas therein to that of the administration of the rest of the areas of that state:provided further that there shall be paid out of the consolidated fund of india as grants-in-aid of the revenues of the state of assam sums, capital and recurring, equivalent to—(a) the average excess of expenditure over the revenues during the two years immediately preceding the commencement of this constitution in respect of the administration of the tribal areas specified in part i of the table appended to paragraph 20 of the sixth schedule; and(b) the costs of such schemes of development as may be undertaken by that state with the approval of the government of india for the purpose of raising the level of administration of the said areas to that of the administration of the rest of the areas of that state rajya sabha—————a billfurther to amend the constitution of india—————(dr kanwar deep singh, mp)gmgipmrnd—3784rs(s3)—18-12-2014 | Parliament_bills | d0ec2981-cb26-51bf-89c6-420751f52d20 |
bill no 142 of 2017 the children with specific learning disabilities (identification and support in education) bill, 2017 by shri om prakash yadav, mp a billto identify and support the children with learning disabilities in education and for matters connected therewith or incidental theretobe it enacted by parliament in the sixty-eighth year of the republic of india as follows:—1 (1) this act may be called the children with specific learning disabilites(identification and support in education) act, 2017short title, extent and commencement5(2) it extends to the whole of india except the state of jammu & kashmir(3) it shall come into force on such date as the central government may, by notifications in the official gazette, appointdefinitions2 in this act, unless the context otherwise requires,—(a) "appropriate government" means,—(i) in relation to the central government or any establishment wholly or substantially financed by that government or a cantonment board constituted under the cantonments act, 2006, the central government(ii) in relation to a state government or any establishment, wholly or substantially financed by that government or any local authority other than a cantonment board, the state government (b) "educational instutution" includes a private educational institution5(c) "dyscalculia" means a learning disability characterized by difficulty in mathematics(d) "dysgraphia" means a learning disability characterized by difficulty with the act of writing both in the technical as well as the expressive sense including difficulty with spelling10(e) "dyslexia" means a learning disability that affects a person's ability to acquire, process and use either spoken, written or nonverbal information including organization and planning, functional literacy skills, memory, reasoning, problem solving and perceptual skills or in other words, difficulty with language in its various uses including reading15(f) "dyspraxia" means a learning disability that affects the person's ability to plan motor tasks and to make an appropriate body response(g) "in service" means in service of any institution run or managed by the central or state government or run or managed with the aid of central or state government(h) "prescribed" means as prescribed by the rules made under this act20 25(i) "specific learning disability" means a disorder in one or more of the basic psychological process involved in understanding or in using language, spoken or written, which disorder may manifest itself in the imperfect ability to listen, think, speak, read, write, spell or do mathematical calculations and includes such conditions as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, dyspraxia, dyscalculia, dysgraphia and development aphasia, but does not include a learning problem that is primarliy the result of visllal, hearing or motor disabilities, of mental retradation, of emotional disturbance, or of environmental, cultural or economic disadvantages303 (1) the appropriate government including local self governments shall conduct an annual survey to identify the number of persons with specific learning disabilities, the nature of facilities and assistance provided to them and the extent to which they are benefittedannual survey on persons with specific learning disabilities(2) the manner of conduct of survey, qualification of personnel involved in survey, maintenance of records and publication of reports shall be such as may be prescribed4 the appropriate governments including local self governments shall,—mass awareness campaign35(i) conduct mass awareness campaigns to create awareness in the communityregarding special learning disability, its causes and prevention, treatment and remedial measures;(ii) sponsor or cause to sponsor awareness campaigns and disseminate orcause to be disseminated information on learning disabilities;40(iii) educate the public through the pre-schools, schools, primary health centres,village level workers and anganwadi workers about specific learning disabilties, their causes and remedial measures;(iv) create awareness amongst the masses through television, radio and othermass media; and(v) promote research in specific learning disabilities455 the appropriate governments shall,—setting up of teacher training institutions(i) set up adequate number of teachers training institutions and assist thenational institutes and other voluntary organizations to develop teachers training programmes specializing in specific learning disabilities;(ii) improve the teacher education programmes to incorporate specific learningdisabilities, its theory and practices within the curriculum of teacher education(iii) ensure that newly inducted teachers attend at-least one-month mandatorytraining in inclusive education, with special focus on specific learning disabilities5(iv) provide adequate training to the regular teachers in service, in inclusiveeducation with special focus on specific learning disabilities; and(v) train the teachers and staff in anganwadis to facilitate early detection ofspecific learning disabilities106 (1) every educatinal institution shall be equipped with a resource room and a specialeducator trained in specific learning disabilities and where special educator trained in such disabilities is not available, a person trained in special education shall be appointedspecial facilities in educational institutions(2) the faciliteis of the resource room and qualification of the special educator shall be such as may be prescribed15(3) every educational institution shall endeavor to detect specific learning disabilities in children at the earliest20(4) where a child is suspected with specific learning disability, a detailed evaluation of the child including his socio-economic background and family background shall be conducted and the child may be referred to a clinical psychologist or a learning disability detection and remediation centre set up under section 7 to detect if, he is suffering from a specific learning disability(5) where a child is detected with a specifi learning disability, an individualised education plan shall be formulated for the child depending on the specific needs of the child by a team consisting of the principal of the school, the class teacher of the child another teacher, special educator, the parents of the child and the child himself25(6) the child may be referred to a learning disability detection and remediationcentre set up under section 7 for specialized support, if found necessary(7) the individualized education plan shall be periodicaly revised, and the progress of the child shall be closely monitored in terms of attainment levels and completion of education307 (1) the state government shall set up adequate number of learning disability detection and remediation centres in every district to train and equip children with specific learning disabilities who require specialized trainingsetting up of learning disability detection and remediation centre(2) there shall be at least one learning disability detection and remediation centre in evey district35(3) the district learning disability detection and remediation centres shall provide specialized training to children with specific learning disabilities, assist the schools in the concerned district to set up resource rooms, provide training and support to the regular teachers in dealing with children with specific learning disability(4) the district learning disability detection and remediation centres may also offer practical courses in dealing with children with specific learning disabilities for parents and teachers subject to regulations as may be prescribed by appropriate government40(5) the appropriate governments may distribute to every educationnal institution the learning materials including special text books and teaching aids for the children with specific learning disability through the district learning disability detection and remediation centres45(6) the manner in which learning disability detection and remediation centres shall be set up or recognized, constitution, structure and function shall be such as may be prescribed8 (1) the central government shall establish a national centre for specific learning disabiliteis to provide leadership, public awareness and grants to support research and innovative practices in specific learning disabilities5(2) the appropriate government may establish regional centres for specific learning disabilities at the state and district levelestabilishment of natural and regional centres for specific learning disabilities(3) the manner in which the national and regional centres for specific learning disability shall be set-up, constitution, structure and function shall be such as may be prescribed109 (1) the central government shall frame guidelines for certification of children with specific learning disabilitiesguidelines for certification of children with learingdisabilities(2) the central government shall lay down qualifications for certifying authorities of children with specific learning disability15(3) the appropriate government shall designate persons, having requisite qualifications and experience, as certifying authorities, who shall be competent to issue the certificate of specific learning disability10 (1) the appropriate governments shall make suitable modifications in the curriculum and examination system to meet the needs of the children with specific learning disabilities20curriculum and examination system for children with specific learning disabilities(2) notwithstanding and without prejudice to any other concessions provided to the children with specific learning disabilities in examinations, the appropriate governments shall ensure that the children with specific learning disabilities are provided the following concessions—(a) twenty five percent extra time for completion of the examination paper; (b) facility of scribe or amanuensis when ever necessary;25(c) oral test to be conducted along with written tests up to class ix and promotionto the next class on the average of both;(d) standards of arithmetic to be relaxed as per the level of the child; (e) use of calculators to be allowed; (f) errors of interchanging of computation signs and number reversal to beignored;(g) exemption from second and third language;30(h) alternate subjects like home science and electronics to be made available; (i) spelling or grammar errors and incorrect sentence construction shall beignored;(j) direction errors in geography and other subjects shall be ignored; (k) exemption from diagrams, charts and graphs; and35(l) such other concessions as may be prescribedemployment of persons with specific learinign disabilities4011 the appropriate governments and local authorities shall by notification in the official gazette formulate schemes for ensuring employment of persons with specific learning disabilities and such schemes shall include training and welfare of persons with specific learning disability, relaxation of upper age limit, and schemes promoting self employmentcentral government to provide funds12 the central government shall, after due appropriation made by parliament, bylaw, in this behalf, provide adequate funds to the state governments for carrying out the purposes of this act13 (1) whoever fraudulently avails or attempts to avail any benefit meant for personswith specific learning disabilities, shall be punishable with imprisonment for a term which may extend us to two years or with fine which may extend to one lakh rupees or with both5punishment for availing benefits meant for persons with learning disabilities(2) whoever assists or facilitates the commission of the offence under sub-section (1)shall be punishable with imprisonment of two years or with a fine which may extend to one lakh rupees or with both10(3) the appropriate government shall report the names of the registered medicalpractitioners who have been convicted of the offence under sub-section (2) to the respective state medical council for taking necessary action including removal of his name from the register of the council for a period of two years for the first offence and permanently for the subsequent offence(4) any principal or teacher of a school convicted under sub-section (2) shall also be liable to face the appropriate disciplinary action including suspension or removal from service15(5) no person shall be punished under sub-section (1) or (2) for an act done by them ingood faith or intended to be done in pursuance of this act and any rules or orders made thereundercomplaint mechanism14 without prejudice to the provisions of section 13, the appropriate government on the application of any aggrieved person or otherwise shall look into complaints with respect to matters relating to,—(a) deprivation of rights of persons with specific learning disabilities; and20(b) non-implementation of laws, rules, bye-laws, regulations, executive orders,guidelines or instructions made or issued for the welfare and protection of rights of persons with specific learning disabilities25power to remove difficulty15 if any difficulty arises in giving effect to the provisions of this act, the centralgovernment may, by order published in the official gazette, make such provisions, not inconsistent with the provisions of this act, as appear to it to be necessary or expedient for removing the difficulty:provided that no such order shall be made after the expiry of the period of three years from the date of commencement of this act3016 the provisions of this act shall be in addition to and not in derogation of theprovisions in any other law, for the time being in forceact not in derogation of only other law power to make rules17 (1) the appropriate governments may, by notification in the official gazette, makerules for carrying out the purposes of this act30 30(2) every rule made under this act by the central government shall be laid, as soon asmay be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both 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 reasonschildren with learning disability are a disadvantaged section of the society there is no law or policy in this context at present there has not been a systematic study to gauge the prevalence of learning disabilities in india, though, isolated studies by independent researchers and organizations estimate that fourteen percent of all the school children suffer from learning disabilities it is a matter of concern that adequate research and funds have not been channelized to address this particular issue further, there is gross lack of awareness of learning disability among the parents, teachers and the community which results in branding of children as lazy or uninteresteda specific learning disability affects the ability to learn and use certain skills, eg, reading, writing, listening, speaking, reasoning, directing attention, doing mathematical calculations and coordinating movements the common forms of specific learning disabilities are: dyslexia (difficulty in reading), dysgraphia (difficulty in writing) and dyscalculia (difficulty in mathematics) it may affect a single skill or combination of skills learning disability is distinct from mental retardation, and many a times, those suffering from such disabilities may have near normal, normal or superior intellectual ability, but the congnition, memory, motor activity and brain function of such children might be different from other individuals many great personalities like thomas alwa edison and albert einstein were once discarded by the school system as failuresthe major challenge in identification of children with specific learning disabilities is the invisibility of their condition the teachers, parents and peers often regard them as a slow learners or a failure, or attribute to them laziness or attitude the diverse socio-cultural and economic conditions of the country make it a further complicated exercise if the children with specific learning disabilities are identified at an early age, they can be accommodated into the mainstream by providing appropriate and specialized training further, new centres should be opened to train and equip such children and the teachers and parents should also be trained to deal with them the curriculum and assessment methods have to be restructured to accommodate the children with specific learning disabilities or appropriate concessions should be given to themhence this billnew delhi;om prakash yadavjuly 3, 2017 financial memorandumclause 3 of the bill provides for conducting annual survey to detect the number of persons affected with specific learning disability clause 4 provides for conducting mass awareness campaigns clause 5 provides for setting up of teacher training institutions clause 6 provides for special facilities in educational institutions clause 7 provides for setting up of learning disability detection and remediation centres clause 8 provides for setting up a national centre for specfic learning disabilities clause 11 provides for employment of persons with specific learning disabilities clause 12 provides for the central government to provide funds to the state governments the bill, if enacted, will involve recurring expenditure from the consolidated fund of india to the tune of rupees five hundred crore per annum a non-recurring expenditure of one hundred crore is also likely to be involved memorandum regarding delegated legislationclause 17 of the bill empowers the appropriate government to make rules for carrying out the purposes of the bill as the matter will relate to details only, the delegation of powers is of normal character lok sabha———— a billto identify and support the children with learning disabilities in education and for matters connected therewith or incidental thereto————(shri om prakash yadav, mp)gmgipmrnd—953ls(s3)—21-7-2017 | Parliament_bills | 1ac8cbe1-8d3c-5159-8c05-3fe4f76794f5 |
bill no 146 of 2019 the jallianwala bagh national memorial (amendment) bill, 2019 a billfurther to amend the jallianwala bagh national memorial act, 1951be it enacted by parliament in the seventieth year of republic of india as follows:—short title and commencement1 this act may be called the jallianwala bagh national memorial (amendment)act, 2019amendment of section 425 of 19512 in the jallianwala bagh national memorial act, 1951 (hereinafter referred to as the principal act), in section 4, in sub-section (1),—5(i) clause (b) shall be omitted;(ii) for clause (d), the following clause shall be substituted, namely:—"(d) the leader of opposition recognised as such in the house of the people or where there is no such leader of opposition, then the leader of the single largest opposition party in that house;"103 in section 5 of the principal act, the following proviso shall be inserted, namely:—amendment of section 5"provided that the term of office of a trustee nominated under clause (g) of sub-section (1) of section 4 may be terminated before the expiry of the period of five years by the central government" statement of objects and reasonsthe jallianwala bagh national memorial act, 1951 was enacted to provide for the erection and management of a national memoraial to prepetuate the memory of those killed or wounded on the 13th day of april, 1919, in jallianwala bagh, amritsar the act provides for a trust for the erection and management of the memorial and also provided for composition of the trust with certain trustees for life2 over a period of time, with the passing away of trustees appointed for life, the situation changed significantly and the government did not have proper representation on the trust therefore with a view to fill up vacancies caused on account of passing away of the trustees for life, the act was amended in the year of 2006, inter alia, to change the composition of the trust, to provide for fixed term of five years for nominated trustee and for account and audit of the trust, etc3 at present, in the composition of the trust, certain inconsistencies have been noticed there is a provision to make a party specific trustee and for the leader of opposition in the lok sabha as one of trustees the term of nominated trustees is five years and there is no provision in the act to terminate a nominated trustees before the expiry of his term in view of the absence of designated leader of opposition in the lok sabha and a trustees being a party specific, it has been felt necessary to amend the said act to make it a political and also to provide for termination of nominated trustees before the expiry of their term4 in view of the above, the jallianwala bagh national memorial (amendment) bill,2019, provides for the following, namely:—(i) to delete "the president of the indian national congress" as a trustee; (ii) to make "the leader of opposition recognised as such in the house of the people or where there is no such leader of opposition, then, the leader of the single largest opposition party in that house" a trustee, in place of "the leader of opposition in the lok sabha"; and(iii) to confer power upon the central government to terminate the term of a nominated trustee before the expiry of the period of his term 5 the bill seeks to achieve the above objectsnew delhi:the 3rd july, 2019prahlad singh patel annexure extracts from the jallianwala bagh national memorial act, 1951 (25 of 1951) 4 (1) the trustees of the jallianwala bagh national memorial shall be the following, namely:—trustees of the jallianwala bagh national memorial (b) the president of the indian national congress, (d) the leader of opposition in the lok sabha, 5 the trustees nominated under clause (g) of sub-section (1) of section 4 shall be trustees for a period of five years, and shall be eligible for renominationterm of office of nominated trustees ———— a billfurther to amend the jallianwala bagh national memorial act, 1951————(shri prahlad singh patel, minister of state for culture and tourism)mgipmrnd—1228ls(s3)—04-07-2019 the jallianwala bagh national memorial (amendment) bill, 2019 [to be/as introduced in lok sabha]1page 1, line 1,-for"of republic"read "of the republic"2page 2, line 3,-for"national memoraial to prepetuate the"read " national memorial to perpetuate the"3page 3, line 16,-for"nominated trustees"read "nominated trustee"4page 3, line 17,-for"and a trustees"read "and a trustee"new delhi;july 5, 2019 ashadha 14, 1941 (saka) | Parliament_bills | 74ada880-7bf0-55e8-871f-80f9e8b6bbfb |
bill no 10 of 2014 the appropriation (railways) bill, 2014 a billto authorise payment and appropriation of certain further sums from and out of the consolidated fund of india for the services of the financial year 2013-14 for the purposes of railways be it enacted by parliament in the sixty-fifth year of the republic of india as follows:—short title1 this act may be called the appropriation (railways) act, 2014issue of rs 7149,65,88,000 out of the consolidated fund of india for the financial year 2013-14appropriationthe schedule(see sections 2 and 3)no of vote12 3 sums not exceedingservices and purposesvotedchargedby parliamenton thetotalconsolidatedfund rs rs rs2miscellaneous expenditure (general) 1,40,00,0001,40,00,0003general superintendence and services on railways…………… 50,31,00050,31,0004repairs and maintenance of permanent way and works……… 1,27,64,0001,27,64,0007repairs and maintenance of plant and equipment……… 61,00061,0008operating expenses - rolling stock and equipment……………204,36,91,00011,56,000204,48,47,0009operating expenses - traffic……… 3,75,0003,75,00010operating expenses - fuel…………2056,56,78,00061,24,64,0002117,81,42,00011staff welfare and amenities…… 2,25,0002,25,00013provident fund, pension and other retirement benefits2170,65,86,0008,57,0002170,74,43,00015dividend to general revenues, repayment of loans taken fromgeneral revenues and amortization of over-capitalization1590,67,00,000 1590,67,00,00016assets—acquisition, construction and replacement— other expenditure capital 1000,00,00,00062,70,00,0001062,70,00,000 total7022,26,55,000127,39,33,0007149,65,88,000 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 2013-14mallikarjun kharge———— president's recommendation under article 117 of the constitution of india————[copy of letter no 2013-b-402/bs/2, dated 11 february, 2014 from shri mallikarjun kharge, minister of railways to the secretary-general, lok sabha]the president, having been informed of the subject matter of the proposed appropriation bill to authorize payment and appropriation of certain further sums from and out of the consolidated fund of india for the services of the financial year 2013-14 for the purposes of railways, recommends under clauses (1) and (3) of article 117 of the constitution of india, read with clause (2) of article 115 thereof, the introduction in and consideration by the lok sabha, of the appropriation bill———— a billto authorise payment and appropriation of certain further sums from and out of the consolidated fund of india for the services of the financial year 2013-14 for the purposes of railways————(shri mallikarjun kharge, minister of railways)gmgipmrnd—4324ls(s3)—12022014 | Parliament_bills | 4af4c93b-486e-57b8-bd91-6bf59c8ee4fa |
the bureau of indian standards bill, 2015 ______ arrangement of clauses_______ chapter i preliminary clauses1 short title, extent and commencement 2 definitions chapter ii bureau of indian standards3 establishment of the bureau and constitution of governing council 4 executive committee of bureau 5 advisory committees of bureau 6 vacancies, etc, not to invalidate act or proceedings 7 director general 8 officers and employees of bureau 9 powers and functions of bureau chapter iii indian standards, certification and licence10 indian standards 11 prohibition to publish, reproduce or record without authorisation by bureau 12 conformity assessment scheme 13 grant of license or certificate of conformity 14 certification of standard mark of jewellers and sellers or certain specified goods orarticles15 prohibition to import, sell, exhibit, etc 16 central government to direct compulsory use of standard mark 17 prohibition to manufacture, sell, etc, certain goods without standard mark 18 obligations of licence holder, seller, etc chapter iv finance, accounts and audit19 financial management of the bureau of indian standards 20 fund of bureau 21 borrowing powers of bureau clauses22 budget 23 annual report 24 accounts and audit chapter v miscellaneous25 power of central government to issue directions 26 restriction on use of the name of the bureau and the indian standard 27 appointment and powers of certification officers 28 power to search and seizure 29 penalty for contravention 30 offences by companies 31 compensation for non conforming goods 32 cognizance of offence by courts 33 compounding of offence 34 appeal 35 members, officers and employees of bureau to be public servants 36 protection of action taken in good faith 37 authentication of orders and other instruments of the bureau 38 power to make rules 39 power to make regulations 40 rules and regulations to be laid before parliament 41 act not to affect operation of certain acts42 power to remove difficulties 43 repeal and savingsbill no 224 of 2015 the bureau of indian standards bill, 2015 a billto provide for the establishment of a national standards body for the harmonious developmentof the activities of standardisation, conformity assessment and quality assurance of goods, articles, processes, systems and services, and for matters connected therewith or incidental theretobe it enacted by parliament in the sixty-sixth year of the republic of india as follows:— chapter i preliminary1 (1) this act may be called the bureau of indian standards act, 20155(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, appointdefinitions2 in this act, unless the context otherwise requires,—10(1) "article" means any substance, artificial or natural, or partly artificial or partly natural, whether raw or partly or wholly processed or manufactured or handmade within india or imported into india;(2) "assaying and hallmarking centre" means a testing and marking centre recognised by the bureau to determine the purity of precious metal articles and to apply hallmark on the precious metal articles in a manner as may be determined by regulations;(3) "bureau" means the bureau of indian standards established under section 3;5(4) "certification officer" means a certification officer appointed under sub-section (1) of section 27;10(5) "certified body" means a holder of certificate of conformity or licence under sub-section (2) of section 13 in relation to any goods, article, process, system or service which conforms to a standard;(6) "certified jeweller" means a jeweller who has been granted a certificate by the bureau to get manufacture for sale or to sell any precious metal article after getting the same hallmarked in a manner as may be determined by regulations;15(7) "conformity assessment" means demonstration that requirements as may be specified relating to an article, process, system, service, person or body are fulfilled;(8) "conformity assessment scheme" means a scheme relating to such goods, article, process, system or service as may be notified by the bureau under section 12;68 of 1986(9) "consumer" means a person as defined in the consumer protection act, 1986;20(10) "covering" includes any stopper, cask, bottle, vessel, box, crate, cover, capsule, case, frame, wrapper, bag, sack, pouch or other container;(11) "director general" means the director general appointed under sub-section (1) of section 7;25(12) "executive committee" means the executive committee constituted under sub-section (1) of section 4;(13) "fund" means the fund constituted under section 20;3 of 1930(14) "goods" includes all kinds of movable properties under the sale of goods act, 1930, other than actionable claims, money, stocks and shares;30(15) "governing council" means a governing council constituted under sub-section (3) of section 3;(16) "hallmark" means in relation to precious metal article, the standard mark, which indicates the proportionate content of precious metal in that article as per the relevant indian standard;35(17) "indian standard" means the standard including any tentative or provisional standard established and published by the bureau, in relation to any goods, article, process, system or service, indicative of the quality and specification of such goods, article, process, system or service and includes—(i) any standard adopted by the bureau under sub-section (2) of section10; and4063 of 1986(ii) any standard established and published, or recognised, by the bureau of indian standards established under the bureau of indian standard act, 1986, which was in force immediately before the commencement of this act;21 of 1860(18) "indian standards institution" means the indian standards institution registered under the societies registration act, 1860;45(19) "jeweller" means a person engaged in the business to get manufactured precious metal article for sale or to sell precious metal articles;(20) "licence" means a licence granted under section 13 to use a specified standard mark in relation to any goods, article, process, system or service, which conforms to a standard;5(21) "manufacturer" means a person responsible for designing and manufacturing any goods or article;(22) "mark" includes a device, brand, heading, label, ticket, pictorial representation, name, signature, word, letter or numeral or any combination thereof;(23) "member" means a member of the governing council, executive committee or any of the advisory committee;10(24) "notification" means a notification published in the official gazette and the expression "notify" or "notified" shall be construed accordingly;15(25) "person" means a manufacturer, an importer, a distributor, retailer, seller or lessor of goods or article or provider of service or any other person who uses or applies his name or trade mark or any other distinctive mark on to goods or article or while providing a service, for any consideration or gives goods or article or provides service as prize or gift for commercial purposes including their representative and any person who is engaged in such activities, where the manufacturer, importer, distributor, retailer, seller, lessor or provider of service cannot be identified;(26) "precious metal" means gold, silver, platinum and palladium;20(27) "precious metal article" means any article made entirely or in part from precious metals or their alloys;(28) "prescribed" means prescribed by rules made under this act; (29) "process" means a set of inter-related or interacting activities, which transforms inputs into outputs;25(30) "recognised testing and marking centre" means a testing and marking centrerecognised by the bureau under sub-section (5) of section 14;(31) "recognised testing laboratory" means a testing laboratory recognised bythe bureau under sub-section (4) of section 13;30(32) "registering authority" means any authority competent under any law for the time being in force to register any company, firm or other body of persons, or any trade mark or design, or to grant a patent;(33) "regulations" means regulations made by the bureau under this act; (34) "sale" means to sell, distribute, hire, lease or exchange of goods, article, process, system or service for any consideration or for commercial purposes;35(35) "seller" means a person who is engaged in the sale of any goods, article, process, system or service;(36) "service" means the result generated by activities at the interface between an organisation and a customer and by organisation's internal activities, to meet customer requirements;40(37) "specification" means a description of goods, article, process, system orservice as far as practicable by reference to its nature, quality, strength, purity, composition, quantity, dimensions, weight, grade, durability, origin, age, material, mode of manufacture or processing, consistency and reliability of service delivery or other characteristics to distinguish it from any other goods, article, process, system or service;(38) "specified" means specified by the regulations;45(39) "standards" means documented agreements containing technical specifications or other precise criteria to be used consistently as rules, guidelines, or definitions of characteristics, to ensure that goods, articles, processes, systems and services are fit for their purpose;5(40) "standard mark" means the mark specified by the bureau, and includes hallmark, to represent conformity of goods, article, process, system or service to a particular indian standard or conformity to a standard, the mark of which has been established, adopted or recognised by the bureau and is marked on the article or goods as a standard mark or on its covering or label attached to such goods or article so marked;(41) "system" means a set of inter-related or interacting elements; (42) "testing laboratory" means a body set up for the purpose of testing of goods or article against a set of requirements and report its findings;1015(43) "trade mark" means a mark used or proposed to be used in relation to goods or article or process or system or service for the purpose of indicating, or so as to indicate, a connection in the course of trade of goods, article, process, system or service, as the case may be, and some person having the right, either as proprietor or as registered user, to use the mark, whether with or without any indication of the identity of that person chapter ii bureau of indian standards203 (1) with effect from such date as the central government may, by notification in the official gazette, appoint in this behalf, there shall be established a national body for the purposes of this act, a bureau, to be called the bureau of indian standardsestablishment of the bureau and constitution of governing council(2) the bureau shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power, subject to the provisions of this act, to acquire, hold and dispose of property, both movable and immovable, and to contract and shall by the said name sue and be sued25(3) the members of the governing council shall constitute the bureau and general superintendence, direction and management of the affairs of the bureau shall vest in the governing council, which shall consist of the following members, namely:—30(a) the minister in-charge of the ministry or department of the central government having administrative control of the bureau who shall be ex officio president of the bureau;35(b) the minister of state or a deputy minister, if any, in the ministry or department of the central government having administrative control of the bureau who shall be ex officio vice-president of the bureau, and where there is no such minister of state or deputy minister, such person as may be nominated by the central government to be the vice-president of the bureau;(c) the secretary to the government of india of the ministry or department of the central government having administrative control of the bureau, ex officio;(d) the director general of the bureau, ex officio;40(e) such number of other persons to represent the government, industry, scientific and research institutions, consumers and other interests, as may be prescribed, to be appointed by the central government (4) the term of office of the members referred to in clause (e) of sub-section (3) and the manner of filling vacancies among, and the procedure to be followed in the discharge of their functions by the members, shall be such as may be prescribed:45provided that a member, other than an ex officio member of the bureau of indian standards constituted under the bureau of indian standards act, 1986, shall, after the commencement of this act, continue to hold such office as member till the completion of his term5(5) the governing council may associate with itself, in such manner and for such purposes as may be prescribed, any person whose assistance or advice it may desire in complying with any of the provisions of this act and a person so associated shall have the right to take part in the discussions of the governing council relevant to the purposes for which he has been associated but shall not have the right to vote(6) the governing council may, by general or special order in writing, delegate to any member, the director general or any other person subject to such conditions, if any, as may be specified in the order, such of its powers and functions under this act except the powers under section 37 as it may deem necessary10executive committee of bureau4 (1) the governing council may, with the prior approval of the central government, by notification in the official gazette, constitute an executive committee which shall consist of the following members, namely:—(a) director general of the bureau, who shall be its ex officio chairman; and (b) such number of members, as may be prescribed15(2) the executive committee constituted under sub-section (1) shall perform, exercise and discharge such functions, powers and duties of the bureau, as may be delegated to it by the governing counciladvisory committees of bureau205 (1) subject to any regulations made in this behalf, the governing council may, from time to time and as and when it is considered necessary, constitute the following advisory committees for the efficient discharge of the functions of the bureau, namely: —(a) finance advisory committee; (b) conformity assessment advisory committee; (c) standards advisory committee; (d) testing and calibration advisory committee; and(e) such number of other committees as may be specified by regulations25(2) each advisory committee shall consist of a chairman and such other members as may be specified by regulations6 no act or proceedings of the governing council, under section 3 shall be invalid merely by reason of—30vacancies, etc, not to invalidate act or proceedings(a) any vacancy in, or any defect in the constitution of the governing council;or(b) any defect in the appointment of a person acting as a member of the governingcouncil; or35(c) any irregularity in the procedure of the governing council not affecting themerits of the case7 (1) the central government shall appoint a director general of the bureaudirector general(2) the terms and conditions of service of the director general of the bureau shall be such as may be prescribed40(3) subject to the general superintendence and control of the governing council, the director general of the bureau shall be the chief executive authority of the bureau(4) the director general of the bureau shall exercise and discharge such of the powers and duties of the bureau as may be specified by regulations45(5) the director general may, by general or special order in writing, delegate to any officer of the bureau subject to such conditions, if any, as may be specified in the order, such of his powers and functions as are assigned to him under the regulations or are delegated to him by the governing council, as he may deem necessary8 (1) the bureau may appoint such other officers and employees as it considers necessary for the efficient discharge of its functions under this actofficers and employees of bureau(2) the terms and conditions of service of officers and employees of the bureau appointed under sub-section (1) shall be such as may be specified by regulations5powers and functions of bureau9 (1) the powers and duties as may be assigned to the bureau under this act shall be exercised and performed by the governing council and, in particular, such powers may include the power to—| ( | a | ) establish branches, offices or agencies in india or outside; ||--------------------------------------------------------------------------------------------|-----|----------------------------------------------------------------------------------------|| 10 | | || ( | b | ) recognise, on reciprocal basis or otherwise, with the prior approval of the || central government, the mark of any international body or institution, on such terms | | || and conditions as may be mutually agreed upon by the bureau in relation to any goods, | | || article, process, system or service at par with the standard mark for such goods, article, | | || process, system or service; | | || 15 | | || ( | c | ) seek recognition of the bureau and of the indian standards outside india on || such terms and conditions as may be mutually agreed upon by the bureau with any | | || corresponding institution or organisation in any country or with any international | | || organisation; | | || ( | d | ) enter into and search places, premises or vehicles, and inspect and seize || goods or articles and documents to enforce the provisions of this act; | | || 20 | | || ( | e | ) provide services to manufacturers and consumers of goods or articles or || processes for compliances of standards on such terms and conditions as may be mutually | | || agreed upon; | | || ( | f | ) provide training services in relation to quality management, standards, || conformity assessment, laboratory testing and calibration, and any other related areas; | | || 25 | | || ( | g | ) publish indian standards and sell such publications and publications of || international bodies; | | || ( | h | ) authorise agencies in india or outside india for carrying out any or all activities || of the bureau and such other purposes as may be necessary on such terms and conditions | | || as it deems fit; | | || 30 | | || ( | i | ) obtain membership in regional, international and foreign bodies having objects || similar to that of the bureau and participate in international standards setting process; | | |(j) undertake testing of samples for purposes other than for conformity assessment; and(k) undertake activities relating to legal metrology35(2) the bureau shall take all necessary steps for promotion, monitoring and management of the quality of goods, articles, processes, systems and services, as may be necessary, to protect the interests of consumers and various other stake holders which may include the following namely:—40(a) carrying out market surveillance or survey of any goods, article, process,system or service to monitor their quality and publish findings of such surveillance or surveys;45(b) promotion of quality in connection with any goods, article, process, systemor service by creating awareness among the consumers and the industry and educate them about quality and standards in connection with any goods, article, process, system and service;(c) promotion of safety in connection with any goods, article, process, system orservice;(d) identification of any goods, articles, process, system or service for which there is a need to establish a new indian standard, or to revise an existing indian standard;(e) promoting the use of indian standards;5(f) recognising or accrediting any institution in india or outside which is engagedin conformity certification and inspection of any goods, article, process, system or service or of testing laboratories;10(g) coordination and promotion of activities of any association of manufacturersor consumers or any other body in relation to improvement in the quality or in the implementation of any quality assurance activities in relation to any goods, article, process, system or service; and(h) such other functions as may be necessary for promotion, monitoring and management of the quality of goods, articles, processes, systems and services and to protect the interests of consumers and other stake holders15(3) the bureau shall perform its functions under this section through the governing council in accordance with the direction and subject to such rules as may be made by the central government chapter iii indian standards, certification and licence2010 (1) the standards established by the bureau shall be the indian standardsindian standards(2) the bureau may—(a) establish, publish, review and promote the indian standard, in relation to any goods, article, process, system or service in such manner as may be prescribed;25(b) adopt as indian standard, any standard, established by any other institution in india or elsewhere, in relation to any goods, article, process, system or service in such manner as may be prescribed;(c) recognise or accredit any institution in india or outside which is engaged in standardisation;30(d) undertake, support and promote such research as may be necessary for formulation of indian standards (3) the bureau, for the purpose of this section, shall constitute, as and when considered necessary, such number of technical committees of experts for the formulation of standards in respect of goods, articles, processes, systems or services, as may be necessary35(4) the indian standard shall be notified and remain valid till withdrawn by the bureau(5) notwithstanding anything contained in any other law, the copyright in an indian standard or any other publication of the bureau shall vest in the bureau11 (1) no individual shall, without the authorisation of the bureau, in any manner or form, publish, reproduce or record any indian standard or part thereof, or any other publication of the bureau40prohibition to publish, reproduce or record without authorisation by bureau(2) no person shall issue a document that creates, or may create the impression that it is or contains an indian standard, as contemplated in this act:provided that nothing in this sub-section shall prevent any individual from making a copy of indian standard for his personal useconformity assessment scheme12 (1) the bureau may notify a specific or different conformity assessment scheme for any goods, article, process, system or service or for a group of goods, articles, processes, systems or services, as the case may be, with respect to any indian standard or any other standard in a manner as may be specified by regulations5(2) the bureau may establish a standard mark in relation to each of its conformity assessment schemes, which shall be of such design and contain such particulars as may be specified by regulations to represent a particular standard13 (1) a person may apply for grant of licence or certificate of conformity, as the case may be, if the goods, article, process, system or service conforms to an indian standardgrant of licencse or certificate of conformity10(2) where any goods, article, process, system or service conforms to a standard, the director general may, by an order, grant —(a) a certificate of conformity in a manner as may be specified by regulations; or (b) a licence to use or apply a standard mark in a manner as may be specified by regulations,15subject to such conditions and on payment of such fees, including late fee or fine, before or during the operation of the certificate of conformity or licence, and as determined by regulations20(3) while granting a certificate of conformity or licence to use a standard mark, the bureau may, by order, specify the marking and labelling requirements that shall necessarily be affixed as may be specified from time to time(4) the bureau may establish, maintain or recognise testing laboratories for the purposes of conformity assessment and quality assurance and for such other purposes as may be required for carrying out its functions2514 (1) the central government, after consulting the bureau, may notify precious metal articles or other goods or articles as it may consider necessary, to be marked with a hallmark or standard mark, as the case may be, in a manner as specified in sub-section (2)certification of standard mark of jewellers and sellers of certain specified goods orarticles30(2) the goods or articles notified in sub-section (1) may be sold through retail outlets certified by the bureau after such goods or articles have been assessed for conformity to the relevant standard by testing and marking centre, recognised by the bureau and marked with hallmark or standard mark, as the case may be, as specified by regulations(3) the central government may, after consulting the bureau, by an order published in the official gazette, make it compulsory for the sellers of goods or article notified under sub-section (1) to be sold only through certified sales outlets fulfilling such conditions as may be determined by regulations35(4) the bureau may, by an order, grant, renew, suspend or cancel certification of standard mark or hallmark of a jeweller or any other seller for sale of goods or articles notified under sub-section (1) in such manner as may be determined by regulations40(5) the bureau may establish, maintain and recognise testing and marking centres, including assaying and hallmarking centres, for conformity assessment and application of standard mark, including hallmark, on goods or articles notified under sub-section (1), in a manner as may be specified by regulations45(6) no testing and marking centre or assaying and hallmarking centre, other than the recognised by the bureau, shall with respect to goods or articles notified under sub-section (1), use, affix, emboss, engrave, print or apply in any manner the standard mark, including the hallmark, or colourable imitation thereof, on any goods or article; and make any claim in relation to the use and application of a standard mark, including the hallmark, through advertisements, sales promotion leaflets, price lists or the like(7) every recognised testing and marking centre, including assaying and hallmarking centre, shall use or apply standard mark on good or articles notified under sub-section (1), including hallmark on precious metal articles, after accurately determining the conformity of the same in a manner as may be specified5(8) no recognised testing and marking centre, including assaying and hallmarkingcentre, shall, notwithstanding that it has been recognised under sub-section (5), use or apply in relation to any goods or article notified under sub-section (1) a standard mark, including hallmark, or any colourable imitation thereof, unless such goods or article conforms to the relevant standard1015 (1) no person shall import, distribute, sell, store or exhibit for sale, any goods orarticle under sub-section (1) of section 14, except under certification from the bureauprohibition to import, sell, exhibit, etc15(2) no person, other than that certified by the bureau, shall sell or display or offer to sell goods or articles that are notified under sub-section (3) of section 14 and marked with the standard mark, including hallmark and claim in relation to the standard mark, including hallmark, through advertisements, sales promotion leaflets, price lists or the like20(3) no certified jeweller or seller shall sell or display or offer to sell any notified goods or articles, notwithstanding that he has been granted certification, with the standard mark, including hallmark, or any colourable imitation thereof, unless such goods or article is marked with a standard mark or hallmark, in a manner as may be specified by regulations, and unless such goods or article conforms to the relevant standard16 (1) if the central government is of the opinion that it is necessary or expedient so to do in the public interest or for the protection of human, animal or plant health, safety of the environment, or prevention of unfair trade practices, or national security, it may, after consulting the bureau, by an order published in the official gazette, notify —25central government to direct compulsory use of standard mark(a) certain goods, article, process, system or service which shall conform to astandard; or(b) essential requirements to which such goods, article, process, system or serviceshall conform,30and direct the use of a standard mark under a licence or certificate of conformity as compulsory on such goods, article, process, system or serviceexplanation—for the purpose of this sub-section, it is hereby clarified that essential requirements are requirements, expressed in terms of the parameters to be achieved or requirements of standard in technical terms that effectively ensure that any goods, article, process, system or service meet the objective of health, safety and environment35(2) the central government may, by an order authorise bureau or any other agency having necessary accreditation or recognition and valid approval to certify and enforce conformity to the relevant standard or prescribed essential requirements under sub-section (1)17 (1) no person shall manufacture, import, distribute, sell, hire, lease, store or exhibit for sale any such goods, article, process, system or service under sub-section (1) of section16—40(a) without a standard mark, except under a valid licence; orprohibition to manufacture, sell, etc, certain goods without standard mark(b) notwithstanding that he has been granted a license, apply a standard mark, unless such goods, article, process, system or service conforms to the relevant standard or prescribed essential requirements45(2) no person shall make a public claim, through advertisements, sales promotion leaflets, price lists or the like, that his goods, article, process, system or service conforms to an indian standard or make such a declaration on the goods or article, without having a valid certificate of conformity or licence from the bureau or any other authority approved by the central government under sub-section (2) of section 165(3) no person shall use or apply or purport to use or apply in any manner, in the manufacture, distribution, sale, hire, lease or exhibit or offer for sale of any goods, article, process, system or service, or in the title of any patent or in any trade mark or design, a standard mark or any colourable imitation thereof, except under a valid licence from the bureau18 (1) the licence holder shall, at all times, remain responsible for conformance of the goods, articles, processes, systems or services carrying the standard markobligations of licence holder, seller, etc10(2) it shall be the responsibility of the distributor or the seller, as the case may be, to ensure that goods, articles, processes, systems or services carrying the standard mark are purchased from certified body or licence holder(3) it shall be the responsibility of the seller before the goods or article is sold or offered to be sold or exhibited or offered for sale to ensure that—15(a) goods, articles, processes, systems or services carrying the standard mark bear the requisite labels and marking details, as specified by the bureau from time to time;(b) the marking and labelling requirements on the product or covering is displayed in a manner that has been specified by the bureau20(4) every certified body or licence holder shall supply to the bureau with such information and with such samples of any material or substance used in relation to any goods, article, process, system or service, as the case may be, as the bureau may require for monitoring its quality and for the recovery of the fee as may be prescribed in the certificate of conformity or the licence25(5) (a) the bureau may make such inspection and take such samples of any material or substance as may be necessary to see whether any goods, article, process, system or service, in relation to which a standard mark has been used, conforms to the requirements of the relevant standard or whether the standard mark has been properly used in relation to any goods, article, process, system or service with or without a licence(b) the bureau may publicise the results of its findings and the directions given in pursuance thereof30 35(6) if the bureau is satisfied under the provisions of sub-sections (4) and (5) that the goods, articles, processes, systems or services in relation to which a standard mark has been used do not conform to the requirements of the relevant standard, the bureau may direct the certified body or licence holder or his representative to stop the supply and sale of nonconforming goods or articles and recall the non-conforming goods or articles that have already been supplied or offered for sale and bear such mark from the market or any such place from where they are likely to be offered for sale or prohibit to provide the service40(7) where a certified body or licence holder or his representative has sold goods, articles, processes, system or services, which bear a standard mark or any colourable imitation thereof, which do not conform to the relevant standard, the bureau shall direct the certified body or licence holder or his representative to—(a) repair or replace or reprocess the standard marked goods, article, process, system or service in a manner as may be specified; or(b) pay compensation to the consumer as may be prescribed by the bureau; or45(c) be liable for the injury caused by non-conforming goods or article, which bears a standard mark, as per the provisions of section 31 chapter iv finance, accounts and audit519 the central government may, after due appropriation made by parliament by law in this behalf, make to the bureau grants and loans of such sums of money as the government may consider necessaryfinancial management of bureau of indian standardsfund of bureau20 (1) there shall be constituted a fund to be called the bureau of indian standards fund and there shall be credited thereto—(a) any grants and loans made to the bureau by the central government; (b) all fees and charges received by the bureau under this act;10(c) all fines received by the bureau; (d) all sums received by the bureau from such other sources as may be decided upon by the central government (2) the fund shall be applied for meeting—(a) the salary, allowances and other remuneration of the members, director general, officers and other employees of the bureau;15(b) expenses of the bureau in the discharge of its functions under the act; and (c) expenses on objects and for purposes authorised by this act:20provided that the fines received in clause (c) of sub-section (1) shall be used for consumer awareness, consumer protection and promotion of quality of goods, articles, processes, system or services in the countryborrowing powers of bureau21 (1) the bureau may, with the consent of the central government or in accordance with the terms of any general or special authority given to it by the central government, borrow money from any source as it may deem fit for discharging all or any of its functions under this act25(2) the central government may guarantee in such manner as it thinks fit, the repayment of the principal and the payment of interest thereon with respect to the loans borrowed by bureau under sub-section (1)budget3022 the bureau shall prepare, in such form and at such time in each financial year as may be prescribed, its budget for the next financial year, showing the estimated receipts and expenditure of the bureau and forward the same to the central governmentannual report23 (1) the bureau shall prepare, in such form and at such time in each financial year as may be prescribed, its annual report, giving a full account of its activities during the previous financial year, and submit a copy thereof to the central government35(2) the central government shall cause the annual report to be laid, as soon as may be after it is received, before each house of parliamentaccounts and audit24 (1) the bureau shall maintain proper accounts and other relevant records and prepare an annual statement of accounts, in such form as may be prescribed by the central government in consultation with the comptroller and auditor-general of india40(2) the accounts of the bureau shall be audited by the comptroller and auditor-general of india at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the bureau to the comptroller and auditor- general of india(3) the comptroller and auditor-general of india and any person appointed by him in connection with the audit of the accounts of the bureau shall have the same rights and privileges and the authority in connection with such audit as the comptroller and auditor- general of india generally has in connection with the audit of government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any office of the bureau5(4) the accounts of the bureau as certified by the comptroller and auditor-general of india or any other person appointed by him in this behalf together with the audit report thereon shall be forwarded annually to the central government and that government shall cause the same to be laid before each house of parliament chapter v10 miscellaneouspower of central government to issue directions25 (1) without prejudice to the foregoing provisions of this act, the bureau shall, in the exercise of its powers or the performance of its functions under this act, be bound by such directions on questions of policy as the central government may give in writing to it from time to time:15provided that the bureau shall, as far as practicable, be given an opportunity to express its views before any direction is given under this sub-section(2) the decision of the central government whether a question is one of policy or not shall be final20(3) the central government may take such other action as may be necessary for the promotion, monitoring and management of quality of goods, articles, processes, systems and services and to protect the interests of consumers and various other stake holders26 (1) no person shall, with a view to deceive or likely to deceive the public, use without the previous permission of the bureau,—restriction on use of name of bureau and the indian standard25(a) any name which so nearly resembles the name of the bureau as to deceive or likely to deceive the public or the name which contains the expression "indian standard" or any abbreviation thereof; or(b) any title of any patent or mark or trade mark or design, in relation to any goods, article, process, system or service, containing the expressions "indian standard" or "indian standard specification" or any abbreviation of such expressions30(2) notwithstanding anything contained in any law for the time being in force, no registering authority shall—(a) register any company, firm or other body of persons which bears any name or mark; or(b) register a trade mark or design which bears any name or mark; or35(c) grant a patent, in respect of an invention, which bears a title containing any name or mark if the use of such name or mark is in contravention of sub-section (1) (3) if any question arises before a registering authority whether the use of any name or mark is in contravention of sub-section (1), the registering authority may refer the question to the central government whose decision thereon shall be final40appointment and powers of certification officers4527 (1) the bureau may appoint as many certification officers as may be necessary for the purpose of inspection whether any goods, article, process, system or service in relation to which the standard mark has been used conforms to the relevant standard or whether the standard mark has been properly used in relation to any goods, article, process, system or service with or without licence, and for performing such other functions as may be assigned to them(2) subject to any rules made under this act, a certification officer shall have power to—(a) inspect any operation carried on in connection with any goods, article, process, system or service in relation to which the standard mark has been used; and5(b) take samples of any goods or article or of any material or substance used inany goods, article, process, system or service, in relation to which the standard mark has been used(3) every certification officer shall be furnished by the bureau with a certificate of appointment as a certification officer, and the certificate shall, on demand, be produced by the certification officer10(4) every certified body or licence holder shall—(a) provide reasonable facilities to certification officer to enable him to discharge the duties imposed on him;15(b) inform certification officer or the bureau of any change in the conditions which were declared or verified by the certification officer or the bureau at the time of grant of certificate of conformity or licence (5) any information obtained by a certification officer or the bureau from any statement made or information supplied or any evidence given or from inspection made under the provisions of this act shall be treated as confidential:20provided that nothing shall apply to the disclosure of any information for the purpose of prosecution and protection of interest of consumerspower to search and seizure2528 (1) if the certification officer has reason to believe that any goods or articles, process, system or service in relation to which the contravention of section 11 or sub-section (6) or (8) of section 14 or section 15 or section 17 has taken place are secreted in any place, premises or vehicle, he may enter into and search such place, premises or vehicle for such goods or articles, process, system or service, as the case may be30(2) where, as a result of any search made under sub-section (1), any goods or article, process, system or service has been found in relation to which contravention of section 11 or sub-section (6) or (8) of section 14 or section 15 or section 17 has taken place, the certification officer may seize such goods or article and other material and documents which, in his opinion will be useful for, or relevant to any proceeding under this act:provided that where it is not practicable to seize any such goods or article or material or document, the certification officer may serve on the owner an order that he shall not remove, part with, or otherwise deal with, the goods or article or material or document except with the previous permission of the certification officer352 of 1974(3) the provision of the code of criminal procedure, 1973, relating to searches andseizures shall, so far as may be, apply to every search or seizure made under this sectionpenalty for contravention29 (1) any person who contravenes the provisions of section 11 or sub-section (1) of section 26 shall be punishable with fine which may extend to five lakh rupees40(2) any person who contravenes the provisions of sub-section (6) or (8) of section 14or section 15 shall be punishable with imprisonment for a term which may extend to one year or with fine which shall not be less than one lakh rupees, but may extend up to five times the value of goods or articles produced or sold or offered to be sold or affixed or applied with a standard mark including hallmark, or with both:45provided that where the value of goods or articles produced or sold or offered to besold cannot be determined, it shall be presumed that one year's production was in such contravention and the annual turnover in the previous financial year shall be taken as the value of goods or articles for such contravention5(3) any person who contravenes the provisions of section 17 shall be punishable with imprisonment for a term which may extend up to two years or with fine which shall not be less than two lakh rupees for the first contravention and not be less than five lakh rupees for the second and subsequent contraventions, but may extend up to ten times the value of goods or articles produced or sold or offered to be sold or affixed or applied with a standard mark, including hallmark, or with both:10provided that where the value of goods or articles produced or sold or offered to be sold cannot be determined, it shall be presumed that one year's production was in such contravention and the annual turnover in the previous financial year shall be taken as the value of goods or articles for such contravention(4) the offence under sub-section (3) shall be cognizableoffences by companies1530 where an offence under this act has been committed by a company, every director,manager, secretary or other officer of the company who, at the time the offence was committed,was in charge of and was responsible to the company for the conduct of the business of the company, or authorised representative of the company as well as the company, shall bedeemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly, irrespective of the fact that the offence has been committed with or without 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, or authorised representative of the company20explanation—for the purposes of this section,—(a) "company" means a body corporate and includes a firm or other association of individuals; and(b) "director", in relation to a firm, means a partner in the firm25compensation for nonconforming goods31 where a holder of licence or certificate of conformity or his representative hassold any goods, article, process, system or service, which bears a standard mark not conforming to the relevant standard, or with colourable imitation, the certified body or licence holder or his representative shall be liable to compensate the consumer for the injury caused by such non-conforming goods, article, process, system or service in such manner as may be prescribed30cognizance of offence by courts32 (1) no court inferior to that of a metropolitan magistrate or a judicial magistrateof the first class, specially empowered in this behalf, shall try any offence punishable under this act(2) no court shall take cognizance of any offence punishable under this act save on a complaint made by—| ( | a | ) or under the authority of the bureau; or ||----------------|-----|---------------------------------------------------------------------------------|| 35 | | || ( | b | ) any police officer, not below the rank of deputy superintendent of police or || equivalent; or | | || ( | c | ) any authority notified under sub-section ( || ( | d | ) any officer empowered under the authority of the government; or || ( | e | ) any consumer; or || 40 | | || ( | f | ) any association || 45 | | |(3) any police officer not below the rank of deputy superintendent of police or equivalent, may, if he is satisfied that any of the offences referred to in sub-section (3) of section 29 has been, is being, or is likely to be, committed, search and seize without warrant, the goods, die, block, machine, plate, other instruments or things involved in committing the offence, wherever found, and all the articles so seized shall, as soon as practicable, be produced before a magistrate as prescribed under sub-section (1)(4) the court may direct that any property in respect of which the contravention has taken place shall be forfeited to the bureau(5) the court may direct that any fine, in whole or any part thereof, payable under the provisions of this act, shall be payable to the bureau5compounding of offence2 of 197433 (1) notwithstanding anything contained in the code of criminal procedure, 1973,any offence committed for the first time, punishable under this act, not being an offence punishable with imprisonment only, or with imprisonment and also with fine, may, either before or after the institution of any prosecution, be compounded by an officer so authorised by the director general, in such manner as may be prescribed:10provided that the sum so specified shall not in any case exceed the maximum amountof the fine which may be imposed under section 29 for the offence so compounded; and any second or subsequent offence committed after the expiry of a period of three years from the date on which the offence was previously compounded shall be deemed to be an offence committed for the first time15(2) every officer referred to in sub-section (1) shall exercise the powers to compoundan offence, subject to the direction, control and supervision of the bureau(3) every application for the compounding of an offence shall be made in such manner as may be prescribed20(4) where any offence is compounded before the institution of any prosecution, no prosecution shall be instituted in relation to such offence against the offender in relation to whom the offence is so compounded25(5) where the composition of any offence is made after the institution of any prosecution, such composition shall be brought to the notice of the court in which the prosecution is pending in writing by the officer referred to in sub-section (1), and on such notice of the composition of the offence being given and its acceptance by the court, the person against whom the offence is so compounded shall be dischargedappeal34 (1) any person aggrieved by an order made under section 13 or section 14 or section 17 or section 33 of this act may prefer an appeal to director general of the bureau within such period as prescribed30(2) no appeal shall be admitted if it is preferred after the expiry of the period prescribedtherefor:provided that an appeal may be admitted after the expiry of the period prescribed therefor if the appellant satisfies the director general that he had sufficient cause for not preferring the appeal within the prescribed period35(3) every appeal made under this section shall be made in such form and shall beaccompanied by a copy of the order appealed against and by such fees as may be prescribed(4) the procedure for disposing of an appeal shall be such as may be prescribed:provided that before disposing of an appeal, the appellant shall be given a reasonable opportunity of being heard40(5) the director general may suo motu or on an application made in the mannerprescribed review the order passed by any officer to whom the power has been delegated by him45(6) any person aggrieved by an order made under sub-section (1) or sub-section (5)may prefer an appeal to the central government having administrative control of the bureau within such period as may be prescribed35 all members, officers and other employees of the bureau shall be deemed, when acting or purporting to act in pursuance of any of the provisions of this act, to be public servants within the meaning of section 21 of the indian penal code45 of 1860members, officers and employees of bureau to be public servants5protection of action taken in good faith36 no suit, prosecution or other legal proceeding shall lie against the government orany officer of the government or any member, officer or other employee of the bureau for anything which is in done or intended to be done in good faith under this act or the rules or regulations made thereunder1037 all orders and decisions of, and all other instruments issued by, the bureau shallbe authenticated by the signature of such officer or officers as may be authorised by the bureau in this behalfauthentication of orders and other instruments of bureau power to make rules38 the central government may, by notification in the official gazette, make rulesfor carrying out the purposes of this actpower to make regulations1539 the executive committee may, with the previous approval of the centralgovernment, by notification in the official gazette, make regulations consistent with this act and the rules to carry out the purposes of this actrules and regulations to be laid before parliament2040 every rule and every regulation made under this act 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 agree in making any modification in the rule or regulation or both houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation25act not to affect operation of certain acts1 of 1937 23 of 194041 nothing in this act shall affect the operation of the agricultural produce (grading and marking) act, 1937 or the drugs and cosmetics act, 1940, or any other law for the time being in force, which deals with any standardisation or quality control of any goods, article, process, system or service30power to remove difficulties42 (1) if any difficulty arises in giving effect to the provisions of this act, the centralgovernment may, by order, published in the official gazette, make such provisions notinconsistent with the provisions of this act as may appear to be necessary for removing the difficulty:provided that no order shall be made under this section after the expiry of two years from the commencement of this act35(2) every order made under this section shall be laid, as soon as may be after it is made, before each house of parliament| 43 ||-------------|| 63 of 1986 || repeal and || savings || 40 || 45 |(2) notwithstanding such repeal, anything done or any action taken or purported to have done or taken including any rule, regulation, notification, scheme, specification, indian standard, standard mark, inspection order or notice made, issued or adopted, or any appointment, or declaration made or any licence, permission, authorisation or exemption granted or any document or instrument executed or direction given or any proceedings taken or any penalty or fine imposed under the act hereby repealed 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 act10 of 1897(3) the mention of particular matters in sub-section (2) shall not be held to prejudice or affect the general application of section 6 of the general clauses act, 1897 with regard to the effect of repeal statement of objects and reasonsthe bureau of indian standards act, 1986 (bis act) provides for the establishment of a bureau of indian standards (bis) and for the harmonious development of the activities of standardisation, marking and quality certification of goods and processes so far, the bis has formulated over 19300 standards for about 9500 products and services2 the core activities of bis are standard formulation and certification of articles and processes under licence the bis has the power to grant licence to use the standard mark under section 10 of the bis act the world trade organisation (wto) agreement on technical barriers to trade encourages all member countries to adopt international standards and also move towards mutual recognition of certification systems wto guidelines also provide that enforcement of standards should have uniform application for both domestic industry and imported goods in view of the increasing significance of standards and conformity assessment systems in world trade, it is essential that the bis re-orients itself to adequately address the future challenges as the national standards body of india3 at present, the bis is not formally recognised as the national standards body of india though it has been representing india in various international bodies the bis act also does not provide for recall of sub-standard isi marked products, hallmarking of precious metal articles, compounding of offences, etc provisions related to formulation of standards and conformity processes are also required to be aligned with global best practices further the said act restricts the list of items to those, as referred to in the schedule of the industries (development and regulation) act, 1951, which can be brought under the ambit of mandatory compliance by manufacturers4 in view of the increasing significance of standards and conformity assessment systems in world trade, and to address the aforesaid issues and future challenges in the area, comprehensive amendments are required in the present bis act to adequately protect the interests of the consumers therefore, it is proposed to enact a new legislation and repeal the bis act5 the bureau of indian standards bill, 2015, inter alia, seeks to provide for—(i) establishment of bis as national standards body of india; (ii) to empower the central government to authorise any other agency havingnecessary accreditation for the purpose of conformity assessment against indian standard;(iii) to enable the government to bring more products, systems and servicesunder the ambit of standardisation;(iv) to allow multiple types of conformity assessment schemes in tune with global best practices;(v) to enable mandatory hallmarking of precious metal articles; (vi) to prevent the misuse of standard mark; (vii) to provide for compounding of offences and also make certain offences as cognizable; and(viii) to repeal the bureau of indian standards act, 1986 (63 of 1986)6 the bill seeks to achieve the above objectivesnew delhi;the 17th july, 2015ram vilas paswan notes on clausesclause 1—this clause provides for the short title, extent and commencement of the proposed legislationclause 2—this clause seeks to define various words and expressions used in the proposed which, inter alia, include—''article", "assaying and hallmarking centre", "bureau",''conformity assessment scheme'', ''executive committee'', ''governing council'', ''hallmark'', "indian standard", "indian standard institution", "recognised testing and marking centre", "registering authority", "standards", "standard mark", "testing laboratory", "trade mark", etcclause 3—the clause provides for the establishment of the bureau of indian standards and the constitution of governing councilclause 4—this clause seeks to provide that the governing council may, with the prior approval of the central government, by notification in the official gazette, constitute an executive committeeclause 5—this clause provides that the governing council may, from time to time and as and when it is considered necessary, constitute the advisory committees for the efficient discharge of the functions of the bureauclause 6—this clause seeks to provide that no act or proceedings of the governing council shall be invalid merely by reason, inter alia, of any vacancy in, or any defect in the constitution of the governing councilclause 7—this clause provides provisions for the appointment of the director general of the bureau this clause further provides for the terms and conditions of serviced of the director general of the bureau this clause also provides that the director general of the bureau shall be the chief executive authority of the bureauclause 8—this clause seeks to provide provisions regarding the appointment of the officers and employees of the bureau and their terms and conditions of serviceclause 9—this clause provides for the powers and functions of the bureau clause 10—this clause seeks to provide provisions regarding indian standardsthis clause provides that the bureau may establish, publish, review and promote the indian standard, in relation to any goods, article, process, system or service in such manner as may be prescribed; adopt as indian standard, any standard, established by any other institution in india or elsewhere, in relation to any goods, article, process, system or service in such manner as may be prescribed; recognise or accredit any institution in india or outside which is engaged in standardisation; undertake support and promote such research as may be necessary for formulation of indian standards this clause further provides that the bureau shall constitute, as and when considered necessary, such number of technical committees of experts for the formulation of standards in respect of goods, articles, processes, systems or services, as may be necessary this clause also provides that notwithstanding anything contained in any other law, the copyright in an indian standard or any other publication of the bureau shall vest in the bureauclause 11—this clause provides that no individual shall, without the authorisation of the bureau, in any manner or form, publish, reproduce or record any indian standard or part thereof, of any other publication of the bureau this clause further provide that no person shall issue a document that creates, or may create the impression that it is or contains an indian standardclause 12—this clause seeks to provide provisions regarding the conformity assessment schemeclause 13—this clause provides provisions for grant of licence or certificate of conformityclause 14—this clause seeks to provide for the certification of standard mark of jewellers and sellers of certain specified goods or articlesclause 15—this clause provides that no person shall import, distribute, sell, store or exhibit for sale, any goods of article except under certification from the bureau this clause further provides that no person, other than the certified by the bureau, shall sell or display or offer to sell goods, or articlesclause 16—this clause seeks to provide provisions for the central government to direct compulsory use of standard markclause 17—this clause provides provisions for the prohibition to manufacture, sell, etc, certain goods without standard markclause 18—this clause seeks to provide that the licence holder shall, at all times, remain responsible for conformance of the goods, articles, processes, systems or services carrying the standard mark this clause further seeks to provide that it shall be the responsibility of the distributor or the seller, as the case may be, to ensure that goods, articles, processes, systems or services carrying the standard mark are purchased from certified body or licence holder this clause also seeks to provide that every certified body or licence holder shall supply to the bureau with such information and with such samples of any material or substance used in relation to any goods, article, process, system or service, as the case may be, as the bureau may require for monitoring its quality and for the recovery of the fee as may be prescribed in the certificate of conformity or the licenceclause 19—this clause provides that the central government may, after due appropriation made by parliament by law in this bahelf, make to the bureau grants and loans of such sums of money as the government may consider necessaryclause 20—this clause seeks to provide provisions for the fund of the bureau clause 21—this clause provides provisions regarding the power of the bureau to borrow moneyclause 22—this clause seeks to provide that the bureau shall prepare, in such form and at such time in each financial year as may be prescribed, its budget for the next financial year, showing the estimated receipts and expenditure of the bureau and forward the same to the central governmentclause 23—this clause provides provisions regarding the annual report of the bureau clause 24—this clause seeks to provide provisions regarding the account and audit of the bureauclause 25—this clause provides for the power of the central government to give directions to the bureau on questions of policyclause 26—this clause seeks to provide provisions regarding the restriction on the use of name of the bureauclause 27—this clause provides for the appointment and powers of certification officersclause 28—this clause seeks to provide provisions regarding power of search and seizure of the certification officerclause 29—this clause provides provisions regarding penalty for contravention of certain provisions of the proposed legislationclause 30—this clause seeks to provide provisions relating to offences by companies clause 31—this clause provides that where a holder of licence or certificate of conformity or his representative has sold any goods, article, process system or service, which bears a standard mark not conforming to the relevant standard, or with colourable imitation, the certified body or licence holder or his representative shall be liable to compensate the consumer for the injury caused by such non-conforming goods, article, process, system or serviceclause 32—this clause seeks to provide provisions regarding cognizance of offences by courtsclause 33—this clause provides provisions for compounding of offences clause 34—this clause seeks to provides provisions regarding filing of appeal by any person aggrieved by an order made under certain provisions of the proposed legislationclause 35—this clause provides that all members, officers and other employees of the bureau shall be deemed, when acting or purporting to act in pursuance of any of the provisions of the proposed legislation, to be public servants within the meaning of section 21 of the indian penal codeclause 36—this clause seeks to provide provisions regarding protection of action taken in good faithclause 37—this clause provides provisions for authentication of orders and instruments of the bureauclause 38—this clause seeks to provide for the power of the central government to make rulesclause 39—this clause provides for the power of the executive committee to make regulationsclause 40—this clause seeks to provide provisions regarding laying of the rules and regulations before parliamentclause 41—this clause provides that the provisions of the proposed legislation shall not affect certain actsclause 42—this clause seeks to provide provisions regarding power to remove difficultiesclause 43—this clause provides provisions for repeal and savings memorandum regarding delegated legislationclauses 3(1), 3(3)(e), 3(4), 3(5), 3(6), 4(1), 5(1), 7(1), 8(2), 10(2)(a), 10(2)(b), 13(2),14, 16, 31, 33(3), 34, 38 and 39 of the bill empowers the central government and the bureau to prescribe the manner and method of giving effect to certain provisions of the proposed act when enacted and brought into operation by issuing suitable notification, forms, orders and rules, as the case may bethe matters in respect of which the rules and regulations may be made or orders to be issued are matters of detail or procedure the delegation of the legislative power is, therefore, of a normal character———— a billto provide for the establishment of a national standards body for the harmonious development of the activities of standardisation, conformity assessment and quality assurance of goods, articles, processes, systems and services, and for matters connected therewith or incidental thereto————(shri ram vilas paswan, minister of consumer affairs, food and public distribution) | Parliament_bills | 5de45b32-98c3-5033-89b9-bcf1155a3e6e |
bill no xxxvi of 2010 the constitution (amendment) bill, 2010 a billfurther to amend the constitution of indiabe it enacted by parliament in the sixty-first year of the republic of india as follows:—1 (1) this act may be the constitution (amendment) act, 2010 (2) it shall come into force at onceshort title and commencementamendment of article 752 in article 75 of the constitution, for clause (5), the following clause shall be substituted, namely:—"(5) a minister who for any period of six consecutive months is not elected as a member of either house of parliament shall, at the expiration of that period, cease to be a minister; and shall not be reappointed as a minister for one yearamendment of article 803 in article 80 of the constitution after clause (3), the following proviso shall be inserted, namely:—"provided that no person belonging to any political party shall be nominated under sub-clause (a) of clause (1)"amendment of article 1644 in article 164 of the constitution for clause (4), the following clause shall be substituted, namely:—"(4) a minister who for any period of six consecutive months is not elected as a member of the legislature of the state shall at the expiration of that period cease to be a minister and shall not be reappointed as a minister for one year"amendment of article 1715 in article 171 of the constitution after clause (5), the following proviso be inserted, namely:—"provided that no person belonging to any political party shall be nominated under sub-clause (e) of clause (3)"6 in article 331 of the constitution, the following proviso be added, namely:—amendment of article 331"provided that no person belonging to any political party shall be nominated under this article" 7 in article 333 of the constitution, the following proviso be added, namely:—amendment of article 333"provided that no person belonging to any political party shall be nominated under this article" statement of objects and reasonsthe constitution, does not bar the appointment of a person from outside the legislature as minister but he cannot continue to be a minister for more than six months unless he secures a seat in either house of parliament quite understandably, the founding fathers of our constitution enshrined this provision in the constitution so as to utilize the services and ability of some eminent persons who can be great help to the nation but at the same time are not members of legislature due to one reason or the other their services may possibly be indispensable for the benefit of the countryon the other hand, article 80 of the constitution empowers the president to nominate twelve members from amongst the persons having special knowledge or practical experience in literature, science, art and social service thus the constitution adopts the principle of nomination for giving distinguished person a place in the upper house a similar provision is there in article 171 of the constitution for states assemblies similarly, articles 331 and 333 empower the president to nominate members of the anglo-indian community to the lok sabha and legislative assembly of a state, if they are not adequately representedthese provisions, ie, appointment of a minister who is not a member of the legislature and nomination of members to the legislatures are two distinct provisions therefore, to nominate a person who has been appointed a minister without being a member of the legislature would go against the spirit of the constitution this would have never been the intention of the framers of our constitution to nominate a minister who has failed to be elected to the legislature within the time limit of six monthsfurther in certain cases particularly in some states a person continues to be a minister for years without being a member of the state legislature in such cases, the person is reappointed as minister after every six months therefore, it is proposed that if, a minister fails to be a member of the legislature with in the period of six months, he shall not be appointed a minister at least for one year this provision will prevent the misuse of the existing provisionsimilarly, to keep the provisions of nomination of members to the legislature away from any controversies it is proposed that persons belonging to any political party should not be nominated to the legislature let the experts from different sections of the society come and benefit the legislature with their experiencehence this billkalraj mishra annexure extracts from the constitution of india 75 (5) a minister who for any period of six consecutive months is not a member of either house of parliament shall at the expiration of that period cease to be a minister 80 (3) the member to be nominated by the president under sub-clause (a) of clause (1)shall consist of persons having special knowledge or practical experience in respect of such matters as the following, namely:—literature, science, art and social service 164 (4) a minister who for any period of six consecutive months is not a member of the legislature of the state shall at the expiration of that period cease to be a minister 171 (5) the members to be nominated by the governor under sub-clause (e) of clause (3)shall consist of persons having special knowledge or practical experience in respect of such matters as the following, namely:—literature, science, art, co-operative movement and social service 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 conmmunity to the house of the people 333 notwithstanding anything in article 170, the governor 3[] of a state may, if he is of opinion that the anglo-indian community needs representation in the legislative assembly of the state and is not adequately represented therein, 4[nominate one member of that community to the assembly]———— a billfurther to amend the constitution of india————(shri kalraj mishra, mp)gmgipmrnd—3874rs(s3)—13-08-2010 | Parliament_bills | 4ee54c99-1331-56bd-8e36-4149b209ba55 |
as introduced in lok sabhabill no 111 of 2015 the bose regiment bill, 2015by shri deepender singh hooda, mp——————arrangement of clauses——————clauses chapter i preliminary1 short title and commencement 2 definitions 3 persons subject to this act chapter ii constitution of the regiment and conditions of service of the members of the regiment4 constitution of the regiment 5 control, direction, etc 6 enrolment 7 liability for service of members 8 resignation and withdrawal from the post 9 tenure of service under the act10 termination of service by central government 11 dismissal, removal or reduction by the director-general and by other officers 12 certificate of termination of service 13 restrictions respecting right to form association, freedom of speech, etc chapter iii offences14 offences in relation to the enemy and punishable with death 15 offences in relation to the enemy and not punishable with death 16 offences punishable more severely on active duty than at other times 17 mutiny 18 desertion and aiding desertion 19 absence without leave 20 striking or threatening superior officers 21 disobedience to superior officer 22 insubordination and obstruction 23 false answers on enrolment 24 certain forms of disgraceful conduct 25 ill-treating a subordinate 26 intoxication 27 permitting escape of person in custody 28 irregularity in connection with arrest or confinement 29 escape from custody 30 offences in respect of property 31 extortion and corruption 32 injury to property 33 false accusations 34 falsifying official documents and false declaration 35 signing in blank and failure to report 36 offences relating to security regiment court 37 false evidence 38 unlawful detention of pay 39 violation of good order and discipline 40 miscellaneous offences 41 attempt 42 abetment of offences that have committed 43 abetment of offences punishable with death and not committed 44 abetment of offences punishable with imprisonment and not committed 45 civil offences 46 civil offences not triable by a security regiment court chapter iv punishments47 punishments awardable by security regiment courts 48 alternative punishments awardable by security regiment courts 49 combination of punishments 50 retention in the regiment of a person convicted on active duty 51 punishments otherwise then by security regiment courts 52 minor punishments 53 limit of punishments under section 53 54 punishment of persons of and below the rank of subordinate officers by deputyinspectors-general and others55 collective fines chapter iv miscellaneous57 application of certain provisions of the border security act, 1968 (47 of 1968) to applyto this act with modifications58 power to make rules bill no 111 of 2015 the bose regiment bill, 2015 byshri deepender singh hooda, mp a billto provide for the constitution and regulation of a new army regiment to be known as the bose regiment for ensuring the security of the indo-myanmar, indo-nepal and indo-bangladesh borders, ensuring the security of india's north-eastern frontiers and for other matters connected therewithbe it enacted by parliament in the sixty-sixth year of the republic of india as follows:— chapter i preliminarydefinitions2 (1) in this act, unless the context otherwise requires,—(a) "active duty", in relation to a person subject to this act, means any duty as a member of the regiment during the period in which such person is attached to, or forms part of, a unit of the regiment —5(i) which is engaged in operations against an enemy, or10(ii) which is operating at a picket or engaged on patrol or other guard duty along the indo-myanmar, indo-nepal, indo-bangladesh borders and/or securing india's north-eastern frontiers and includes duty by such person during any period declared by the central government by notification in the official gazette as a period of active duty with reference to any area in which any person or class of persons subject to this act may be serving; (b) "battalion" means a unit of the regiment constituted as a battalion by the central government;15(c) "chief law officer" and "law officer" mean, respectively, the chief law officer and a law officer of the regiment appointed by the central government;(d) "civil offence" means an offence which is triable by a criminal court;9 of 1894(e) "civil prison" means any jail or place used for the detention of any criminal prisoner under the prisons act, 1894, or under any other law for the time being in force;20(f) "commandant", when used in any provision of this act with reference to any unit of the regiment, means the officer whose duty it is under the rules to discharge with respect to that unit, the functions of a commandant in regard to matters of the description referred to in that provision;25(g) "criminal court" means a court of ordinary criminal justice in any part of india;(h) "deputy-inspector general" means a deputy-inspector general of the regiment appointed under section 5;(i) "director-general" means the director-general of the regiment appointed under section 5;30(j) "enemy" includes all armed mutineers, armed rebels, armed rioters, pirates and any person in arms against whom it is the duty of any person subject to this act to take action;(k) "enrolled person" means an under-officer or other person enrolled under this act;35(l) "regiment custody" means the arrest or confinement of a member of the regiment according to rules;(m) "inspector-general" means the inspector-general of the regiment appointed under section 5;(n) "member of the regiment" means an officer, a subordinate officer, an underofficer or other enrolled person;40(o) "notification" means a notification published in the official gazette; (p) "offence" means any act or omission punishable under this act and includes a civil offence;45(q) "officer" means a person appointed or in pay as an officer of the regiment, but does not include a subordinate officer or an under-officer;(r) "prescribed" means prescribed by rules made under this act; (s) "regiment" means the bose regiment constituted under section 4; (t) "rule" means a rule made under this act; (u) "subordinate officer" means a person appointed or in pay as a subedar-major, a subedar or a sub-inspector of the regiment;5(v) "superior officer", when used in relation to a person subject to this act, means,—(i) any member of the regiment to whose command such person is for the time being subject in accordance with the rules; and10(ii) any officer of higher rank or class or of a higher grade in the same classand includes when such person is not an officer, a subordinate officer or an under-officer of higher rank, class or grade; (w) "under-officer", means a head constable, naik and lance naik of the regiment;15(x) "all words and expressions used and not defined in this act but defined in the indian penal code, 1860 shall have the meanings assigned to them in that code45 of 1860(2) in this act, references to any law not in force in the state of jammu and kashmir shall be construed as references to the corresponding law in regiment in that state203 (1) the following persons shall be subject to this act, wherever they may be, namely:—persons subjects to this act(a) officers and subordinate officers; and (b) under-officers and other persons enrolled under this act25(2) every person subject to this act shall remain so subject until retired, discharged, released, removed or dismissed from the regiment in accordance with the provisions of this act and the rules chapter ii constitution of the regiment and conditions of service of the members of the regiment30constitution of the bose regiment4 (1) there shall be an armed regiment of the union called the bose regiment for ensuring the security indo-myanmar, indo-nepal, indo-bangladesh borders and/or securing india's north-eastern frontiers(2) subject to the provisions of this act, the regiment shall be constituted in such manner as may be prescribed and the conditions of service of the members of the regiment shall be such as may be prescribed35direction and5 (1) the general superintendence, direction and control of the regiment shall vestin, and be exercised by, the central government and subject thereto and to the provisions ofthis act and the rules, the command and supervision of the regiment shall vest in an officer to be appointed by the central government as the director-general of the regiment40(2) the director-general shall, in the discharge of his duties under this act, be assistedby such number of inspectors-general, deputy inspectors-general, commandants and other officers as may be prescribed by the central governmentenrolment6 (1) the persons to be enrolled to the regiment, the mode of enrolment, and theprocedure for enrolment shall be such as may be prescribed by the central government5(2) notwithstanding anything contained in this act and the rules, every person who has, for a continuous period of three months, been in receipt of pay as a person enrolled under this act and borne on the rolls of the regiment shall be deemed to have been duly enrolled7 every member of the regiment shall be liable to serve in any part of india as well as outside india as and when required by the government during their term of engagementliability for service outside india liability for service outside india8 no member of the regiment shall be at liberty,—10(a) to resign his appointment during the term of his engagement; orresignation and withdrawal from the post(b) to withdraw himself from all or any of the duties of his appointment, except with the previous permission in writing of the prescribed authority 9 every person subject to this act shall hold office during the pleasure of the presidenttenure of service under the act1510 subject to the provisions of this act and the rules, the central government may dismiss or remove from the service any person subject to this acttermination of service by central government11 (1) this director-general or any inspector-general may dismiss or remove from the service or reduce to a lower grade or rank or the ranks any person subject to this act other than an officer20dismissal, removal or reduction by the director- general and by other officers(2) an officer not below the rank of deputy inspectors-general or any prescribed officer may dismiss or remove from the service any person under his command other than an officer or a subordinate officer of such rank or ranks as may be prescribed(3) any such officer as is mentioned in sub-section (2) may reduce to a lower grade or rank or the ranks any person under his command except an officer or a subordinate officer25(4) the exercise of any power under this section shall be subject to the provisions of this act and the rulescertificate of termination of service12 a subordinate officer, or an under-officer or other enrolled person who is retired, discharged, released, removed or dismissed from the service shall be furnished by the officer, to whose command he is subject, with a certificate in the language which is the mother tongue of such person and also in hindi or english language setting forth—30(a) the authority terminating his service; (b) the cause for such termination; and (c) the full period of his service in the regiment13 (1) no person subject to this act shall, without the previous sanction in writing of the central government or of the prescribed authority,—35restrictions respecting right to form association, freedom of speech etc(a) be a member of, or be associated in any way with, any trade union, labourunion, political association or with any class of trade unions, labour unions or political associations; or40(b) be a member of, or be associated in any way with, any society, institution,association or organization that is not recognised as part of the regiment or is not of a purely social, recreational or religious nature; or(c) communicate with the press or publish or cause to be published any book,letter or other document except where such communication or publication is in thebona fide discharge of his duties or is of a purely literary, artistic or scientific character or is of a prescribed nature explanation— if any question arises as to whether any society, institution, association or organisation is of a purely social, recreational or religious nature under clause (b) of this sub-section, the decision of the central government thereon shall be final5(2) no person subject to this act shall participate in, or address, any meeting or take part in any demonstration organized by any body of persons for any political purposes or for such other purposes as may be prescribed chapter iii offence1014 any person subject to this act who commits any of the following offences, that is to say:—offences in relation to the enemy and punishable with death(a) shamefully abandons or delivers up any post, place or guard, committed to his charge or which it is his duty to defend; or15(b) intentionally uses any means to compel or induce any person subject to this act or to military, naval or air force law to abstain from acting against the enemy or to discourage such person from acting against the enemy; or(c) in the presence of the enemy, shamefully casts away his arms, ammunition, tools or equipment or misbehaves in such manner as to show cowardice; or20(d) treacherously holds correspondence with or communicates intelligence to, the enemy or any person in arms against the union; or(e) directly or indirectly assists the enemy with money, arms, ammunition, stores or supplies or in any other manner whatsoever; or25(f) in time of active operation against the enemy, intentionally occasions a false alarm in action, camp, quarters, or spreads or causes to be spread reports calculated to create alarm or despondency; or(g) in time of action leaves his commandant or other superior officer or his post, guard, picket, patrol or party without being regularly, relieved or without leave; or30(h) having been captured by the enemy or made a prisoner of war, voluntarily serves with or aids the enemy; or(i) knowingly harbours or protects an enemy not being a prisoner; or (j) being a sentry in time of active operation against the enemy or alarm, sleeps upon his post or is intoxicated; or35(k) knowingly does any act calculated to imperil the success of the regiment or the military, naval or air forces of india or any forces co-operating therewith or any part of such forces, shall, on conviction by a security regiment court, be liable to suffer death or such less punishment as is in this act mentioned4015 any person subject to this act who commits any of the following offences, that is to say,—offences in relation to the enemy and not punishable with death(a) is taken prisoner or captured by the enemy, by want of due precaution or through disobedience of orders, or willful neglect of duty, or having been taken prisoner or so captured fails to rejoin his service when able to do so; or45(b) without due authority holds correspondence with, or communicates intelligence to, the enemy or any person in league with the enemy or having come by the knowledge of any such correspondence or communication, willfully omits to discover it immediately to his commandant or other superior officer, shall, on conviction by a security regiment court, be liable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this act mentioned516 any person subject to this act who commits any of the following offences, that is to say,—(a) forces a safeguard, or regiments or forces criminal force to a sentry; oroffences punishable more severely on active duty than at other times(b) breaks into any house or other place in search of plunder; or (c) being a sentry sleeps upon his post, or is intoxicated; or10(d) without orders from his superior officer leaves his guard, picket, patrol or post; or(e) intentionally or through neglect occasions a false alarm in camp or quarters, or spreads or causes to be spread reports calculated to create unnecessary alarm or despondency; or15(f) makes known the parole, watchword or countersign to any person not entitled to receive it; or knowingly gives a parole, watchword or countersign different from what he received, shall, on conviction by a security regiment court,—20(a) if he commits any such offence when on active duty, be liable to suffer imprisonment for a term whcih may extend to fourteen years or such less punishment as is in this act mentioned; and(b) if he commits any such offence when not on active duty, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this act mentionedmutiny2517 any person subject to this act who commits any of the following offences, that is to say:—(a) begins, incites, causes or conspires with any other person to cause any mutiny in the regiment or in the military, naval or air forces of india or any forces cooperating therewith; or(b) joins in any such mutiny; or30(c) being present at any such mutiny, does not use his utmost endeavour to suppress the same; or(d) knowing or having reason to believe in the existence of any such mutiny, or of any intention to mutiny or of any such conspiracy, does not, without delay, give information thereof to his commandant or other superior officer; or35(e) endeavors to seduce any person in the regiment or in the military, naval or air forces of india or any forces co-operating therewith from his duty or allegiance to the union;shall, on conviction by a security regiment court, be liable to suffer death or such less punishment as is in this act mentioned4018 (1) any person subject to this act who deserts or attempts to desert the service shall, on conviction by a security regiment court,—desertion and aiding desertion(a) if he commits the offence when on active duty or when under order for active duty, be liable to suffer death or such less punishment as is in this act mentioned; and45(b) if he commits the offence under any other circumstances, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this act mentioned(2) any person subject to this act who knowingly harbours any such deserter shall, on conviction by a security regiment court, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this act mentioned5(3) any person subject to this act who, being cognizant of any desertion or attempt at desertion of a person subject to this act, does not forthwith give notice to his own or some other superior officer, or take any steps in his power to cause such person to be apprehended, shall, on conviction by a security regiment court, be liable to suffer imprisonment for a term which may extend to two years or such less punishment as is in this act mentioned10absence without leave19 any person subject to this act who commits any of the following offences, that is to say:—(a) absents himself without leave; or(b) without sufficient cause overstays leave granted to him; or15(c) being on leave of absence and having received information from theappropriate authority that any battalion or part thereof or any other unit of the regiment, to which he belongs, has been ordered on active duty, fails, without sufficient cause, to rejoin without delay; or(d) without sufficient cause fails to appear at the time fixed at the parade or place appointed for exercise or duty; or20(e) when on parade, or on the line of march, without sufficient cause or withoutleave from his superior officer, quits the parade or line of march; or(f) when in camp or elsewhere, is found beyond any limits fixed, or in any place prohibited, by any general, local or other order, without a pass or written leave from his superior officer; or25(g) without leave from his superior officer or without due cause, absents himselffrom any school when duly ordered to attend there,shall, on conviction by a security regiment court, be liable to suffer imprisonment for a term which may extend to three years or such less punishment as is in this act mentioned20 any person subject to this act who commits any of the following offences, that is to say,—30(a) uses criminal force to or assaults his superior; orstriking or threatening superior officers(b) uses threatening language to such officer; or (c) uses insubordinate language to such officer;shall, on conviction by a security regiment court,—35(a) if such officer is at the time in the execution of his office or, if the offence iscommitted on active duty, be liable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this act mentioned; and(b) in other cases, be liable to suffer imprisonment for a term which may extendto ten years or such less punishment as is in this act mentioned:40provided that in the case of an offence specified in clause (c), the imprisonmentshall not exceed five yearsdisobedience to superior officer4521 (1) any person subject to this act who disobeys in such manner as to show a willful defiance of authority any lawful command given personally by his superior officer in the execution of his office whether the same is given orally, or in writing or by signal or otherwise, shall, on conviction by a security regiment court, be liable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this act mentioned(2) any person subject to this act who disobeys any lawful command given by his superior officer shall, on conviction by a security regiment court,—5(a) if he commits such offence when on active duty, be liable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this act mentioned; and(b) if he commits such offence when not on active duty, be liable to suffer imprisonment for a term which may extend to five years or such less punishment as is in this act mentioned1022 any person subject to this act who commits any of the following offences, that is to say,—insubordination and obstruction(a) being concerned is any quarrel, affray or disorder, refuses to obey any officer, though of inferior rank, who orders him into arrest, or uses criminal force to or assaults any such officers; or15(b) uses criminal force to, or assaults any person, whether subject to this act or not, in whose custody he is lawfully placed, and whether he is or is not his superior officer; or(c) resists an escort whose duty it is to apprehend him or to have him in charge;or(d) breaks out of barracks, camp or quarters; or (e) neglects to obey any general, local or other order; or20(f) impedes the regiment police or any person lawfully acting on his behalf, or when called upon, refuses to assist in the execution of his duty a regiment police or any person lawfully acting on his behalf,25shall, on conviction by a security regiment court, be liable to suffer imprisonment for a term which may extend, in the case of the offences specified in clauses (d) and (e), to two years, and in the case of the offences specified in the other clauses, to ten years, or in either case such less punishment as is in this act mentionedfalse answers on enrolment3023 any person having become subject to this act who is discovered to have made at the time of enrolment a willfully false answer to any question set forth in the prescribed form of enrolment which has been put to him by the enrolling officer before whom he appears for the purpose of being enrolled, shall, on conviction by a security regiment court, be liable to suffer imprisonment for a term which may extend to five years or such less punishment as is in this act mentioned3524 any person subject to this act who commits any of the following offences, that is to say,—certain forms of disgraceful conduct(a) is guilty of any disgraceful conduct of a cruel, indecent or unnatural kind; or (b) malingers, or feigns, or produces disease or infirmity in himself or intentionally delays his cure or aggravates his disease or infirmity; or40(c) with intent to render himself or any other person unfit for service, voluntarily causes hurt to himself or that person, shall, on conviction by a security regiment court, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this act mentionedill-treating a subordinate4525 any officer, subordinate officer or under-officer, who uses criminal force to or otherwise ill-treats any person subject to this act, being his subordinate in rank or position, shall, on conviction by a security regiment court, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this act mentionedintoxication26 any person subject to this act who is found in a state of intoxication, whether on duty or not, shall, on conviction by a security regiment court, be liable to suffer imprisonment for a term which may extend to six months or such less punishment as is in this act mentioned527 any person subject to this act who commits any of the following offences, that is to say,—permitting escape of person in custody(a) when in command of a guard, picket, patrol or post, releases without proper authority, whether willfully or without reasonable excuse, any person committed to his charge, or refuses to receive any prisoner or person so committed; or10(b) willfully or without reasonable excuse allows to escape any person who is committed to his charge, or whom it is his duty to keep or guard, shall, on conviction by a security regiment court, be liable, if he has acted willfully, to suffer imprisonment for a term which may extend to ten years or such less punishment as is in this act mentioned; and if he has not acted willfully, to suffer imprisonment for a term which may extend to two years or such less punishment as is in this act mentioned1528 any person subject to this act who commits any of the following offences, that is to say,—irregularity in connection with arrest or confinement(a) unnecessarily details a person in arrest or confinement without bringing himto trial, or fails to bring his case before the proper authority for investigation; or20(b) having committed a person to regiment custody fails without reasonable cause to deliver at the time of such committal, or as soon as practicable, and in any case within forty-eight hours thereafter, to the officer or other person into whose custody the person arrested is committed, an account in writing signed by himself of the offence with which the person so committed is charged,25shall, on conviction by a security regiment court, be liable to suffer imprisonment for a term which may extend to one year or such less punishment as in this act mentionedescape from custody29 any person subject to this act who, being in lawful custody, escapes or attempts to escape, shall, on conviction by a security regiment court, be liable to suffer imprisonment for a term which may extend to three years or such less punishment as is in this act mentioned3030 any person subject to this act who commits any of the following offences, that is to say,—offences in respect of property(a) commits theft of any property belonging to the government, or to any regiment mess, band or institution, or to any person subject to this act; or(b) dishonestly misappropriates or converts to his own use any such property;or35(c) commits criminal breach of trust in respect of any such property; or (d) dishonestly receives or retains any such property in respect of which any of the offences under clauses (a), (b) and (c) has been committed, knowing or having reason to believe the commission of such offence; or(e) willfully destroys or injures any property of the government entrusted to him; or40(f) does any other thing with intent of defraud, or to cause wrongful gain to one person or wrongful loss to another person, shall, on conviction by a security regiment court, be liable to suffer imprisonment for a term which may extend to ten years or such less punishment as is in this act mentionedextortion and corruption31 any person subject to this act who commits any of the following offences, that is to say,—| ( | a | ) commits extortion; or ||----------|-----|------------------------------------------------------------------------|| 5 | | || ( | b | ) without proper authority exacts from any person money, provisions or || service, | | |shall, on conviction by a security regiment court, be liable to suffer imprisonment for a term which may extend to ten years or such less punishment as is in this act mentioned32 any person subject to this act who commits any of the following offences, that is to say,—making away with equipment10(a) makes away with, or is concerned in making away with, any arms, ammunition,equipment, instruments, tools, clothing or any other thing being the property of the government issued to him for his use or entrusted to him; or(b) loses by neglect anything mentioned in clause (a); or(c) sells, pawns, destroys or defaces any medal or decoration granted to him,15shall, on conviction by a security regiment court, be liable to suffer imprisonment for a term which may extend, in the case of the offences specified in clause (a), to ten years, and in the case of the offences specified in the other clauses, to five years or in either case such less punishment as is in this act mentionedinjury to property2033 any person subject to this act who commits any of the following offences, that is to say,—| ( | a | ) destroys or injures any property mentioned in clause ( ||----------------------------------------------------------------------------------------|-----|-------------------------------------------------------------------------------------|| property belonging to any regiment mess, band or institution, or to any person subject | | || to this act; or | | || 25 | | || ( | b | ) commits any act which causes damage to, or destruction of, any property of || the government by fire; or | | || ( | c | ) kills, injures, makes away with, ill-treats or loses any animal entrusted to him, || 30 | | |shall, on conviction by a security regiment court, be liable, if he has acted willfully, to suffer imprisonment for a term which may extend to ten years or such less punishment as in this act mentioned; and if he has acted without reasonable excuse, to suffer imprisonment for a term which may extend to five years or such less punishment as is in this act mentionedfalse accusations34 any person subject to this act who commits any of the following offences, that is to say,—| ( | a | ) makes a false accusation against any person subject to this act, knowing or ||---------------------------------------------------------------------------------------|-----|---------------------------------------------------------------------------------|| having reason to believe such accusation to be false; or | | || 35 | | || ( | b | ) in making a complaint against any person subject to this act makes any || statement affecting the character of such person, knowing or having reason to believe | | || such statement to be false, or knowingly and willfully suppresses any material facts, | | |shall, on conviction by a security regiment court, be liable to suffer imprisonment for a term which may extend to three years or such less punishment as is in this act mentioned4035 any person subject to this act who commits any of the following offences, that is to say,—falsifying official documents and false declarations(a) in any report, return, list, certificate, book or other document made or signedby him, or of the contents of which it is his duty to ascertain the accuracy, knowingly makes, or is privy to the making of, any false or fraudulent statement; or45(b) in any document of the description mentioned in clause (a) knowingly makes,or is privy to the making of, any omission, with intent to defraud; or(c) knowingly and with intent to injure any person, or knowingly and with intent to defraud, suppresses, defaces, alters or makes away with any document which it is his duty to preserve or produce; or(d) where it is his official duty to make a declaration respecting any matter, knowingly makes a false declaration; or510(e) obtains for himself, or for any other person, any pension, allowance or other advantage or privilege by a statement which is false, and which he either knows or believes to be false or does not believe to be true, or by making or using a false entry in any book or record, or by making any document containing a false statement, or by omitting to make a true entry or document containing a true statement, shall, on conviction by a security regiment court, be liable to suffer imprisonment for a term which may extend to ten years or such less punishment as is in this act mentioned36 any person subject to this act who commits any of the following offences, that is to say,—signing in blank and failure to report15| ( ||----------------------------------------------------------------------------------------|| clothing, supplies or stores, or any property of the government fraudulently leaves in || blank any material part for which his signature is a voucher; or |(b) refuses or by culpable neglect omits to make or send a report or return which it is his duty to make or send,20shall, on conviction by a security regiment court, be liable to suffer imprisonment for a term which may extend to three years or such less punishment as is in this act mentioned37 any person subject to this act who commits any of the following offences, that is to say,—25offences relating to security regiment court(a) being duly summoned or ordered to attend as a witness before a securityregiment court, willfully or without reasonable excuse, makes default in attending; or(b) refuses to take an oath or make an affirmation legally required by a security regiment court to be taken or made; or(c) refuses to produce or deliver any document in his power or control legally required by a security regiment court to be produced or delivered by him; or30(d) refuses, when a witness, to answer any question which he is by law bound to answer; or(e) is guilty of contempt of the security regiment court by using insulting or threatening language, or by causing any interruption or disturbance in the proceedings of such court,35shall, on conviction by a security regiment court, be liable to suffer imprisonment for a term which may extend to three years or such less punishment as is in this act mentionedfalse evidence4038 any person subject to this act who, having been duly sworn or affirmed before any security regiment court or other court competent under this act to administer an oath or affirmation, makes any statement which is false, and which he either knows or believes to be false or does not believe to be true, shall, on conviction by a security regiment court, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this act mentionedunlawful detention of pay39 any officer, subordinate officer or an under-officer who, having received the payof a person subject to this act unlawfully detains or refuses to pay the same when due, shall, on conviction by a security regiment court be liable to suffer imprisonment for a term which may extend to five years or such less punishment as is in this act mentioned5violation of good order and discipline40 any person subject to this act who is guilty of any act or omission which, thoughnot specified in this act, is prejudicial to good order and discipline of the regiment shall, on conviction by a security regiment court, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this act mentionedmiscellaneous offences41 any person subject to this act who commits any of the following offences, that isto say,—10 15(a) being in command at any post or on the march, and receiving a complaint thatanyone under his command has beaten or otherwise maltreated or oppressed any person, or has disturbed any fair or market, or committed any riot or trespass, fails to have due reparation made to the injured person or to report the case to the proper authority; or(b) by defiling any place of worship, or otherwise, intentionally insults the religion,or wounds the religious feelings of, any person; or(c) attempts to commits suicide, and in such attempt does any act towards thecommission of such offence; or20(d) being below the rank of subordinate officer, when off duty, appears withoutproper authority, in or about camp, or in or about, or when going to, or returing from, any town or bazaar, carrying a rifle, sword or other offensive weapon; or25(e) directly or indireclty accepts or obtains or agrees to accept, or attempts toobtain, for himself or for any other person, any gratification as a motive or reward for procuring the enrolment of any person, or leave of absence, promotion or any other advantage or indulgence for any person in the service; or(f) commits any offence against the property or person of any inhabitant of, orresident in, the country in which he is serving,30shall, on conviction by a security regiment court, be liable to suffer imprisonment fora term which may extend to seven years or such less punishment as is in this act mentionedattempt42 any person subject to this act who attempts to commit any of the offences specifiedin sections 14 to 41 (both inclusive) and in such attempt does any act towards the commission of the offence; shall, on conviction by a security regiment court, where no express provision is made by this act for the punishment of such attempt, be liable,—35(a) if the offence attempted to be committed is punishable with death, to sufferimprisonment for a term which may extend to fourteen years or such less punishment as is in this act mentioned; and40(b) if the offence attempted to be committed is punishable with imprisonment, tosuffer imprisonment for a term which may extend to one-half of the longest term provided for that offence or such less punishment as is in the act mentionedabetment of offences that have been committed4543 any person subject to this act who abets the commission of any of the offencesspecified in sections 14 to 41 (both inclusive) shall, on conviction by a security regiment court, if the act abetted is committed in consequence of the abetment and no express provision is made by this act for the punishment of such abetment, be liable to suffer the punishment provided for that offence or such less punishment as is in this act mentioned44 any person subject to this act who abets the commission of any of the offencespunishable with death under sections 14, 17 and sub-section (1) of section 18 shall, on conviction by a security regiment court, if that offence be not committed in consequence of the abetment, and no express provision is made by this act for the punishment of suchabetment of offences punishable with death and not committedabetment, be liable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this act mentioned5abetment of offences punishable with imprisonment and not committed45 any person subject to this act who abets the commission of any of the offences specified in sections 14 to 41 (both inclusive) and punishable with imprisonment shall, on conviction by a security regiment court, if that offence be not committed in consequence of the abetment, and no express provision is made by this act for the punishment of such abetment, be liable to suffer imprisonment for a term which may extend to one-half of the longest term provided for that offence or such less punishment as is in this act mentionedcivil offences1046 subject to the provisions of section 47, any person subject to this act who at any place in, or beyond india, commits any civil offence shall be deemed to be guilty of an offence against this act and, if charged therewith under this section shall be liable to be tried by a security regiment court and, on conviction, be punishable as follows, that is to say,—(a) if the offence is one which would be punishable under any law in force in india with death, he shall be liable to suffer any punishment, assigned for the offence, by the aforesaid law and such less punishment as is in this act mentioned; and15(b) in any other case, he shall be liable to suffer any punishment, assigned for the offence by the law in force in india, or imprisonment for a term which may extend to seven years, or such less punishment as is in this act mentioned2047 a person subject to this act who commits an offence of murder or of culpable homicide not amounting to murder against, or of rape in relation to, a person not subject to this act shall not be deemed to be guilty of an offence against this act and shall not be tried by a security regiment court, unless he commits any of the said offences,—civil offences not tribal by a security regiment court(a) while on active duty; or (b) at any place outside india; or25(c) at any place specified by the central government by notification in this behalf chapter iv punishment3048 (1) punishments may be inflicted in respect of offences committed by persons subject to this act and convicted by security regiment courts according to the scale following, that is to say,—punishments awardable by security regiment courts(a) death; (b) imprisonment which may be for the term of life or any other lesser term but excluding imprisonment for a term not exceeding three months in regiment custody;(c) dismissal from the service;35(d) imprisonment for a term not exceeding three months in regiment custody; (e) reduction to the ranks or to a lower rank or grade or place in this list of their rank in the case of an under-officer;40(f) forfeiture of seniority of rank and forfeiture of all or any part of the service for the purpose of promotion;(g) forfeiture of service for the purpose of increased pay, pension or any other prescribed purpose;(h) fine, in respect of civil offences; (i) severe reprimand or reprimand except in the case of persons below the rank of an under-officer;45| ( | j | ) forfeiture of pay and allowances for a period not exceeding three months for ||--------------------------------------------------------------------------------------------------|-------------------------------------------------------------------------------------|-----------------------------------------------------------------------------------|| an offence committed on active duty; | | || 5 | | || ( | k | ) forfeiture in the case of person sentenced to dismissal from the service of all || arrears of pay and allowances and other public money due to him at the time of such | | || dismissal; and | | || ( | l | ) stoppage of pay and allowances until any proved loss or damage occasioned || by the offence for which he is convicted is made good | | || ( | 2 | ) each of the punishments specified in sub-section ( || in degree to every punishment preceding it in the above scale | | || 10 | | || alternative | | || punishments | | || awardable by | | || security | | || regiment | | || courts | | || 49 | subject to the provisions of this act, a security regiment court may, on convicting | || a person subject to this act of any of the offences specified in sections 14 to 45 (both | | || inclusive) award either the particular punishment with which the offence is stated in the said | | || section to be punishable or, in lieu thereof, any one of the punishments lower in the scale set | | || out in section 48 regard being had to the nature and degree of the offence | | || 15 | | || combination | | || of | | || punishments | | || 50 | a sentence of a security regiment court may award in addition to, or without any | || one other punishment, the punishment specified in clause ( | c | ) of sub-section ( || section 48, and any one or more of the punishments specified in clauses ( | e | ) to ( || inclusive) of that sub-section | | || 20 | | || retention in | | || the regiment | | || of a person | | || convicted on | | || active duty | | || 51 | when on active duty any enrolled person has been sentenced by a security | || regiment court to dismissal or to imprisonment whether combined with dismissal or not, the | | || prescribed officer may direct that such person may be retained to serve in the ranks, and | | || such service shall be reckoned as part of his term of imprisonment if any | | || 25 | | || 52 | punishment may also be inflicted in respect of offences committed by persons | || subject to this act without the intervention of a security regiment court in the manner | | || stated in sections 53 and 55 | | || punishments | | || otherwise than | | || by security | | || force courts | | || minor | | || punishments | | || 30 | | || 53 | subject to the provisions of section 54, a commandant or such other officer as is, | || with the consent of central government, specified by the director-general may, in the | | || prescribed manner, proceed against a person subject to this act, otherwise than as an officer | | || or a subordinate officer, who is charged with an offence under this act and award such | | || person, to the extent prescribed, one or more of the following punishments, that is to say,— | | |(a) imprisonment in regiment custody up to twenty-eight days; (b) detention up to twenty-eight days; (c) confinement to the lines up to twenty-eight days; (d) extra guards or duties;35(e) deprivation of any special position or special emoluments or any acting rank or reduction to a lower grade of pay;(f) forfeiture of good service and good conduct pay; (g) severe reprimand or reprimand; (h) fine up to fourteen day's pay in any one month; and40(i) deductions from his pay of any sum required to make good such compensation for any expense, loss, damage or destruction caused by him to the central government or to any building or property as may be awarded by his commandant54 (1) in the case of an award of two or more of the punishments specified in clauses(a), (b), (c) and (d) of section 53, the punishments specified in clause (c) or clause (d) shall take effect only at the end of the punishment specified in clause (a) or clause (b)limit of punishments under section 535(2) when two or more of the punishments specified in the said clauses (a), (b) and (c)are awarded to a person conjointly, or when already undergoing one or more of the said punishments, the whole extent of the punishments shall not exceed in the aggregate fortytwo days(3) the punishments specified in the said clauses (a), (b) and (c) shall not be awarded to any person who is of the rank of an under-officer or was, at the time of committing the offence for which he is punished, of such rank10(4) the punishment specified in clause (g) of section 53 shall not be awarded to any person below the rank of an under-officer1555 (1) an officer not below the rank of the deputy inspector-general or such other officer as is, with the consent of the central government, specified by the director-general may, in the prescribed manner, proceed against a person of or below the rank of a subordinate officer who is charged with an offence under this act and award one or more of the following punishments, that is to say,—punishment of persons of and below the rank of subordinate officers by deputy inspectors general and others20(a) forfeiture of seniority, or in the case of any of them whose promotion depends upon the length of service forfeiture of service for the purpose of promotion for a period not exceeding twelve months, but subject to the right of the accused person to the award to elect to be tried by a security regiment court;(b) severe reprimand or reprimand; (c) stoppage of pay and allowances until any proved loss or damage occasioned by the offence of which he is convicted is made good25(2) in every case in which punishment has been awarded under sub-section (1), certified true copies of the proceedings shall be forwarded, in the prescribed manner, by the officer awarding the punishment to the prescribed superior authority who may, if the punishment awarded appears to him to be illegal, unjust or excessive, cancel, vary, or remit the punishment and make such other direction as may be appropriate in the circumstances of the case30collective fines56 (1) whenever any weapon or part of a weapon, or ammunition, forming part of the equipment of a unit of the regiment, is lost or stolen, an officer not below the rank of the commandant of a battalion may, after making such enquiry as he thinks fit and subject to the rules, impose a collective fine upon the subordinate officers, under-officers and men of such unit, or upon so many of them as, in his judgement, should be held responsible for such loss or theft35(2) such fine shall be assessed as a percentage on the pay of the individuals on whom it falls chapter v miscellaneous4057 the following provisions of the border security force act, 1968 shall apply to this act with modifications hereunder referred—(a) in sections 57 to 63,—(i) the terms 'force' is to be replaced with the term 'regiment';(ii) the terms 'security force court' and 'force court' are to be replacedwith the terms 'security regiment court' and 'regiment court', respectively;4547 of 1968application of certain provisions of the border security force act, 1968 (47 of 1968) to apply to this act with modification(iii) the term 'general security force courts' to be replaced with the term'general security regiment courts';(iv) the term 'petty security force courts' to be be replaced with the term'petty security regiment courts;(v) the term 'summary security force courts' to be replaced with the term'summary security regiment courts';5(vi) the term 'force custody' to be replaced with the term 'regiment custody'; (b) in sections 64 to 81,—(i) the terms 'security force court' and 'force court' are to be replaced with the terms 'security regiment court' and 'regiment court', respectively;10(ii) the term 'general security force courts' to be replaced with the term'general security regiment courts';(iii) the term 'petty security force courts' to be replaced with the term'petty security regiment courts';15(iv) the term 'summary security force courts' to be replaced with the term'summary security regiment courts'; (c) in sections 82 to 106,—(i) the term 'force', is to be replaced with the term 'regiment'; (ii) the terms 'security force court' and 'force court' are to be replaced with the terms 'security regiment court' and 'regiment court', respectively;20(iii) the term 'general security force courts' to be replaced with the term'general security regiment courts';(iv) the term 'petty security force courts' to be replaced with the term'petty security regiment courts';25(v) the term 'summary security force courts' to be replaced with the term'summary security regiment courts'; (d) in sections 107 to 118,—(i) the terms 'security force court' and 'force court' are to be replaced with the terms 'security regiment court' and 'regiment court', respectively;30(ii) the term 'general security force courts' to be replaced with the term'general security regiment courts';(iii) the term 'petty security force' to be replaced with the term 'petty security regiment courts';(iv) the term 'summary security force courts' to be replaced with the terms'summary security regiment courts';35(e) in sections 119 to 138,—(i) the term 'force' is to be replaced with the term 'regiment'; (ii) the terms 'security force court' and 'force court' are to be replaced with the terms 'security regiment court' and 'regiment court', respectively;(iii) the term 'general security force courts' to be replaced with the term'general security regiment courts';(iv) the term 'petty security force courts' to be replaced with the term'petty security regiment courts';(v) the term 'summary security force courts' to be replaced with the term 'summarysecurity regiment courts';(vi) the term 'force custody' to be replaced with the term 'regiment custody';5power to make rules58 (1) the central government may, by notification, make rules for carrying out the purposes of this act(2) in particular and without prejudice to the generality of the foregoing power, such rules may provide for:—(a) the constitution, governance, command and discipline of the regiment;10(b) the enrolment of persons to the regiment and the recruitment of other membersof the regiment;(c) the conditions of service (including deductions from pay and allowances) ofmembers of the regiment;15(d) the rank, precedence, powers of command and authority of the officers,subordinate officers, under-officers and other persons subject to this act;(e) the removal, retirement, release or discharge from the service of personssubject to this act;(f) the purposes and other matters required to be prescribed under section 13;20(g) the convening, constitution, adjournment, dissolution and sittings of securityregiment courts, the procedure to be observed in trials by such courts, the persons by whom an accused may be defended in such trials and the appearance of such persons there at;25(h) the confirmation, revision and annulment of, and petitions against, the findingand sentences of security regiment courts;(i) the forms or orders to be made under the provisions of this act relating tosecurity regiment courts and the awards and infliction of death, imprisonment and detention;(j) the carrying into effect of sentences of security regiment courts;30(k) any matter necessary for the purpose of carrying this act into execution, asfar as it relates to the investigation, arrest, custody, trial and punishment of offences triable or punishable under this act;(l) the ceremonials to be observed and marks of respect to be paid in the regiment;35(m) the convening of, the constitution, procedure and practice of, courts ofinquiry, the summoning of witnesses before them and the administration of oaths by such courts;(n) the recruitment and conditions of service of the chief law officer and thelaw officers;40(o) any other matter which is to be, or may be prescribed or in respect of whichthis act makes no provision or makes insufficient provision and provision is, in the opinion of the central government, necessary for the implementation of the act(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 more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule statement of objects and reasonsshri subash chandra bose, fondly referred to as netaji, is an iconic figure to indianshe was a congress student leader who participated in gandhi's civil disobedience movement, served as the mayor of calcutta in 1930, and later rose to the rank of congress president in 1938 and 1939 a staunch indian nationalist gifted with great drive and charisma, bose gave indians everywhere a rallying cry 'jai hind' and is credited with reviving and leading the indian national army (ina), which sought to secure india's freedom from british rule through armed resistancethe ina under bose was a model of diversity by region, ethnicity, religion and even gender the ina was also at the forefront of women's equality and the formation of a women's regiment, the 'rani of jhansi regiment' was formed to fight the british raj as well as provide medical services to the ina the efforts of ina in their fight for indian independence played a big role in hastening the end of british rule in indiamany members of the ina have been instrumental in shaping our country's destiny such as shah nawaz khan, who served as a minister of state for rail in the first indian cabinet, lakshmi sahgal, a well known and widely respected public figure in india and rs benegal, who joined the indian air force in 1952 and later rose to the rank of air commodore so, it is now time we appropriately honour the man responsible for all this, by raising a regiment in his name to be known as the bose regimentmany of the battles ina engaged in were confined to the north-east frontiers of india, including regions of bangladesh, nepal and myanmar india faces many challenges along the border such as insurgency and cross-border terrorism, influx of illegal migrants, smuggling of arms, money laundering and fake corrency, as well as a black-market of narcotics from across the bordera bose regiment would ideally strengthen the security of the border the bose regiment will be given the single mandate of guarding india's north-eastern frontiers and the porous border we share with china, nepal, myanmar & bangladesh a highly trained regiment would be able to overcome problems of insurgency as well as check the terrorist activities, illegal migrants and smuggling of arms, narcotics and fake currency into indiahence this billnew delhi;deepender singh hoodamarch 12, 2015 financial memorandumclause 4 of the bill provides for the constitution of the bose regiment clause 5provides for appointment of certain officers of the regiment clause 6 provides for enrolment of persons to the regimentthe bill, if enacted, would involve expenditure from the consolidated fund of india it is estimated that a sum of about rupees one thousand crore will be involved as recurring expenditurea non-recurring expenditure of about five hundred crore is also likely to be involved memorandum regarding delegated legislationclause 58 of the bill empowers the central government to make rules for carrying out the provisions of the proposed legislation the matters in respect of which such rules may be made include the constitution, governance, command and discipline of the regiment, the enrolment of the persons to the regiment and the recruitment of other members to the regiment, the conditions of service (including deductions from pay and allowances) of members of the regiment, the rank, precedence, powers of command and authority of the officers, subordinate officers and other members of the regimentas 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 and regulation of a new army regiment to be known as the bose regiment for ensuring the security of the indo-myanmar, indo-nepal and indo-bangladesh borders, ensuring the security of india's north-eastern frontiers and for other matters connected therewith————(shri deepender singh hooda, mp) | Parliament_bills | 51b36279-f370-53d0-a1ab-13702880c773 |
bill no 15 of 2014 the andhra pradesh reorganisation (amendment) bill, 2014 a billto amend the andhra pradesh reorganisation act, 2014be it enacted by parliament in the sixty-fifth year of the republic of india as follows:—1 (1) this act may be called the andhra pradesh reorganisation (amendment)act, 2014short title and commencement(2) it shall be deemed to have come into force on the 29th day of may, 2014morampalli banzar, bhurgampad, nagineniprolu, krishnasagar, tekula, sarapaka, iravendi, mothepattinagar, uppusaka, sompalli and nakripeta under the palvancha revenue division, and the mandals of chintoor, kunavaram, vararamachandrapuram and bhadrachalam but not including the revenue village of bhadrachalam under the bhadrachalam revenue division)" shall be substituted5repeal and savingord 4 of 20143 (1) the andhra pradesh reorganisation (amendment) ordinance, 2014 is hereby repealed6 of 2014(2) notwithstanding such repeal, anything done or any action taken under the andhra pradesh reorganisation act, 2014, as amended by the said ordinance, shall be deemed to have been done or taken under the provisions of that act, as amended by this act10 statement of objects and reasonsthe andhra pradesh reorganisation act, 2014 (6 of 2014) was enacted on1st march, 2014 to provide for reorganisation of the state of andhra pradesh into the states of telangana and andhra pradesh2 with a view to enable the successor state government of andhra pradesh to have flexibility in the identification of areas for implementing the rehabilitation and resettlement aspect of the polavaram multi-purpose national irrigation project, as well as to ensure contiguity in the areas that form part of andhra pradesh and for administrative convenience, entire mandals (administrative unit) in the khammam district in which some revenue villages would get submerged or be needed for rehabilitation and resettlement purpose were required to be transferred to the successor state of andhra pradesh by amending section 3 of the andhra pradesh reorganisation act, 2014 this transfer of areas excludes the bhadrachalam town and the 12 revenue villages in the bhurgampadu mandal of the khammam district through which the nh-221 passes as this highway is the only available road access to the bhadrachalam town from the rest of telangana3 prior to 1959, the entire bhadrachalam revenue division was a part of the east godavari district it was transferred to the khammam district for administrative reasons now, only a part of the bhadrachalam revenue division is being transferred to andhra pradesh to address the rehabilitation and resettlement needs of the polavaram project4 the government was of the view that immediate action was necessary to revise the territories of the two successor states before the appointed day, ie, 2nd june, 2014 on which day the andhra pradesh reorganisation act, 2014 would come into force in the absence of adjustment of territories there was a possibility of the execution of the national project getting delayed further therefore, an expeditious decision was required regarding transfer of the areas likely to get submerged, to the residuary state of andhra pradesh so that the rehabilitation and resettlement issues could be dealt with appropriately by that state the andhra pradesh reorganisation (amendment) ordinance, 2014 (ord 4 of 2014) was, therefore, promulgated on 29th may, 20145 by promulgation of the andhra pradesh reorganisation (amendment) ordinance,2014, section 3 of the andhra pradesh reorganisation act, 2014 has been amended now, it is proposed to introduce a replacement bill, namely, the andhra pradesh reorganisation (amendment) bill, 2014 to maintain the continuity of the amendments carried out in section 3 of the andhra pradesh reorganisation act, 20146 the bill seeks to achieve the above objectivesrajnath singhnew delhi;the 10th june, 2014 annexureextract from the andhra pradesh reorganisation act, 2014(6 of 2014) part ii reorganisation of the state of andhra pradeshformation of telangana state3 on and from the appointed day, there shall be formed a new state to be known as the state of telangana comprising the following territories of the existing state of andhra pradesh, namely:—adilabad, karimnagar, medak, nizamabad, warangal, rangareddi, nalgonda, mahbubnagar, khammam (but excluding the revenue villages in the mandals specified in goms no 111 irrigation & cad (la iv r&r-i) department, dated the 27th june, 2005 and the revenue villages of bhurgampadu, seetharamanagaram and kondreka in bhurgampadu mandal) and hyderabad districts, and thereupon the said territories shall cease to form part of the existing state of andhra pradesh ———— a billto amend the andhra pradesh reorganisation act, 2014————(shri rajnath singh, minister of home affairs)gmgipmrnd—482ls—11062014 | Parliament_bills | 4f0a63f6-7908-59d7-9f61-dda7d5edcae9 |
bill no 46 of 2008 the indian penal code (amendment) bill, 2008 by shri kashiram rana, mp a billfurther to amend the indian penal code, 1860be it enacted by parliament in the fifty-ninth year of the republic of india as follows:—1 (1) this act may be called the indian penal code (amendment) act, 2008short title and commencement(2) it shall come into force at once3 after section 304b of the principal act, the following new section shall be inserted, namely:—insertion of new section 304c death due to rash and negligent driving5"304c whoever drives any motor vehicle, or rides, on any public place in a rash or negligent manner or drives or rides the motor vehicle under the influence of liquor so as to endanger human life, and causes death by his rash and negligent act, shall be committing the offence of murder and shall be punished with death or imprisonment for life and shall also be liable to fine which shall not be less than fifty thousand rupees59 of 198810explanation—for the purpose of this section, the terms 'motor vehicle' and'public place' shall have the same meanings as is assigned to them under the motor vehicles act, 1988" statement of objects and reasonsthe mushrooming growth of our urban regions has resulted in rapid rise in the number of vehicles on the roads of our cities with the growth in population, the public transport system which consists mainly of buses has also grown the high growth in the public vehicles as well as private vehicles has tended to make roads very unsafe for pedestrians and other road users the problem is compounded by the people indulging in rash and negligent driving on the roads of cities such as delhi, thousands of people die every year as a result of this this menace has assumed particularly worrying proportions in the metropolitan cities the incident of violating traffic signals and instructions, road rage, drunken driving etc are on the risethough there is considerable anger in the public about the rising number of road accidents, there has been no response to this problem from the government so far as to bringing legislation and empowering law enforcement agencies against persons responsible for road accidents is concerned in the absence of any stringent legal framework, the persons responsible for rash and negligent driving are let off easily similar is the case with those indulging in drunken driving persons indulging in rash and negligent driving or drunken driving knowingly endanger the lives of fellow road users and therefore need to be treated harshlysection 304a of the indian penal code is the only piece of legislation to deal with such kind of offenders the provisions of this section were inserted in 1870 when there were no motor vehicles in the country transport was only through carriages—drawn either by bullocks or horses motor vehicles arrived in the country only during the first decade of twentieth century at that time, private conveyance was the preserve of the englishmen and the upper echelons of the society this section was inserted with a view to protect the interests of the british and the ruling class who only had the means to own a vehicle that could cause an accident and hence, while protecting their own interest, ensured that causing injury or death due to accident by a motor vehicle remains not too serious an offence that is why the offence was made bailable and that too with minimal punishment but the situation has changed now after the passage of one hundred forty years the need for changing the provisions with a view to make the provisions more stringent has grown stronger the deaths caused by rash and negligent driving should be considered as murder within the meaning of section 300 and punished as suchhence this billnew delhi;kashiram ranajuly 14, 2008 annexure extracts from the indian penal code (act no 45 of 1860)| ||--------------------------------------------------------------------------------------------------|| punishment || for culpable || homicide not || amounting to || murder || 304 whoever commits culpable homicide not amounting to murder, shall be punished || with [imprisonment for life] or imprisonment of either description for a term which may || extend to ten years, and shall also be liable to fine, if the act by which the death is caused || is done with the intention of causing death, or of causing such bodily injury as is likely to || cause death || or with imprisonment of either description for a term which may extend to ten years, or || with fine, or with both, if the act is done with the knowledge that it is likely to cause death, || but without any intention to cause death, or to cause such bodily injury as is likely to cause || death,— || causing death || by negligence || [304a whoever causes the death of any person by doing any rash or negligent act || not amounting to culpable homicide, shall be punished with imprisonment of either || description for a term which may extend to two years, or with fine, or with both] || dowry death || [304b (1) where the death of a woman is caused by any burns or bodily injury or || occurs otherwise than under normal circumstances within seven years of her marriage and || it is shown that soon before her death she was subjected to cruelty or harassment by her || husband or any relative of her husband for, or in connection with, any demand for dowry, || such death shall be called "dowry death", and such husband or relative shall be deemed to || have caused her death |explanation—for the purpose of this sub-section, "dowry" shall have the same meaning as in section 2 of the dowry prohibition act, 1961 (28 of 1961)(2) whoever commits dowry death shall be punished with imprisonment for a termwhich shall not be less than seven years but which may extend to imprisonment for life] lok salok sabhabha———— a billfurther to amend the indian penal code, 1860————(shri kashiram rana, mp)gmgipmrnd—2673ls(s5)—08092008gmgipmrnd—2674rs(crc)—28072008 gmgipmrnd—2675rs(crc)—28072008 gmgipmrnd—2676rs(crc)—28072008 gmgipmrnd—2677rs(crc)—28072008 gmgipmrnd—2678rs(crc)—28072008 gmgipmrnd—2679rs(crc)—28072008 gmgipmrnd—2680rs(crc)—28072008 gmgipmrnd—2681rs(crc)—28072008 gmgipmrnd—2682rs(crc)—28072008 gmgipmrnd—2683rs(crc)—28072008 gmgipmrnd—2684rs(crc)—28072008 | Parliament_bills | e560177a-3ef5-5f4b-93bf-ad8dcba127dc |
bill no xxxvii of 2008 the constitution (amendment) bill, 2008 a billfurther to amend the constitution of indiabe it enacted by parliament in the fifty-ninth year of the republic of india as follows:—1 (1) this act may be called the constitution (amendment) act, 2008short title and commencement(2) it shall come into force at onceplaces shall be deleted statement of objects and reasonsas per article 54 of the constitution, the president of india is elected by the members of an electoral college consisting of (a) the elected members of both the houses of parliament and (b) the elected memebrs of the legislative assemblies of the states accordingly, 12 members of the rajya sabha nominated by the president under article 80(1) (a), and two members of the lok sabha from anglo indian community nominated by the president under article 331 and anglo indian members of state assemblies nominated by the respective governors under article 333 have been excluded from the elctoral college the provisions of article 333, under which members of anglo indian community are nominated to the state assemblies shall cease after sixty years from the commencement of the constitution that is with effect from the 26th january 2010 thereafter, only nominated members of parliament will stand excluded from the electoral college these 14 nominated members of parliament are members of the electoral college, which elects the vice-president and in other respects also, there is no difference between them and the elected members the nominated members of lok sabha can even vote in a no-confidence motion and the nominated members of the rajya sabha are eligible to vote in a joint sitting of both the houses of parliament convened to decide the fate of a bill in the event of a dead lock between the two housesit is, therefore, felt that the exclusion of the nominated members of the both the houses of parliament and states assemblies from the electoral college under article 54 is not proper and reasonable and needs to be rectified consequential amendments have been suggested in article 55 alsohence this billrajeev chandrasekhar annexure extracts from the constitution of india 54 the president shall be elected by the members of an electoral college consisting of—(a) the elected members of both houses of parliament; and (b) the elected members of the leigslative assemblies of the states 55 (1) as far as practicable, there shall be uniformity in the scale of representation of the different states at the election of the president(2) for the purpose of securing such uniformity among the states inter se as well as parity between the states as a whole and the union, the number of votes which each elected member of parliament and of the legislative assembly of each state is entitled to cast at such election shall be determined in the following manner:—(a) every elected member of the legislative assembly of a state shall have as many votes as there are multiples of one thousand in the quotient obtained by dividing the population of the state by the total number of the elected members of the assembly;(b) if, after taking the said multiples of one thousand, the remainder is not less than five hundred, then the vote of each member referred to in sub-clause (a) shall be further increased by one;(c) each elected member of either house of parliament shall have such number of votes as may be obtained by dividing the total number of votes assigned to the members of the legislative assemblies of the states under sub-clauses (a) and (b) by the total number of the elected members of both houses of parliament, fractions exceeding onehalf being counted as one and other fractions being disregarded (3) the election of the president shall be held in accordance with the system of proportional representation by means of the single transferable vote and the voting at such election shall be by secret ballot rajya sabha————a billfurther to amend the constitution of india————(shri rajeev chandrasekher, mp)gmgipmrnd—2534rs(s5)—03-07-2009 | Parliament_bills | 0f4c899e-3c0c-52d9-aac3-d12c88314281 |
bill no 100 of 2014 the central universities (amendment) bill, 2014 a billfurther to amend the central universities act, 2009be it enacted by parliament in the sixty-fifth year of the republic of india as follows:— 1 (1) this act may be called the central universities (amendment) act, 2014short title and commencement(2) it shall come into force on such date as the central government may, by notification in the official gazette, appoint25 of 20092 after section 3a of the central universities act, 2009 (hereinafter referred to as the principal act), the following section shall be inserted, namely:—insertion of new section 3b"3b (1) the central university of bihar established under sub-section (4) of section 3 shall be known as the central university of south bihar, having its territorial jurisdiction extending to the territory in the south of river ganges in the state of bihar, as specified in the first schedule to this actspecial provision with respect to state of bihar(2) there shall be established a university, which shall be a body corporate, to be known as the mahatma gandhi central university, having its territorial jurisdiction extending to the territory in the north of the river ganges in the state of bihar, as specified in the first schedule to this act" 4 in the first schedule to the principal act, for serial number 1 and the entries relating thereto, the following serial numbers and entries shall be substituted, namely:—amendment of first scheduleserialname ofname of theterritorialnothe stateuniversityjurisdiction1biharcentral universityterritory in the south of the of south biharriver ganges in the state ofbihar1abiharmahatma gandhiterritory in the north of thecentral universityriver ganges in the state ofbihar statement of objects and reasonsthe central universities act, 2009 was enacted to establish and incorporate universities for teaching and research in various states and to provide for matters connected therewith or incidental thereto the act provided, inter alia, for the establishment of a central university in the state of bihar by the name of central university of bihar2 the extent of the territory of the state of bihar being large, its requirement for access to, and quality in, the higher education is not being adequately met with just one central university in that state hence, establishment of one more central university, in addition to the existing one, is felt necessary in the state of bihar3 therefore, it is proposed to establish a central university with its territorial jurisdiction in the north of the river ganges in the state of bihar (mothihari in east champaran) in the name of "mahatma gandhi central university" as this place was the "karmabhoomi" of the father of the nation, where he successfully experimented with the idea of "satyagrah" during the "neel andolan" at champaran in 1917, it is considered appropriate to name the university in his name4 the central university of bihar that exists as of now is proposed to be re-named as"central university of south bihar" the territorial jurisdiction of this university shall extend to the territory to the south of river ganges in the state of bihar5 the central universities (amendment) bill, 2014, provides—(a) for establishment of one more central university in the state of bihar in the name of "mahatma gandhi central university"; and(b) for renaming the existing central university in the state of bihar as the central university of south bihar6 the bill seeks to achieve the above objectivesnew delhi;smriti zubin iranithe 11th august, 2014 financial memorandumclause 2 of the bill seeks to insert a new section 3b in the central universities act, 2009, so as to establish a new university as a body corporate to be known as mahatma gandhi central university having its territorial jurisdiction in the territory in the north of the river ganges in the state of bihar and to re-name the existing central university of bihar established under sub-section (4) of section 3 of the said act, as the central university of south bihar with territorial jurisdiction limited to the territory in the south of the river ganges in the state of bihar2 the initial expenditure for the establishment of the mahatma gandhi central university would be approximately rupees two hundred and forty crores at this stage, it is not practicable to make an estimate of exact expenditure, both recurring and non-recurring, likely to be involved in the financial year 2014-2015 however, the expenditure would be met from the consolidated fund of india through the budgetary provisions of the ministry of human resource development annexure extract from the central universities act, 2009 (25 of 2009)| | | | | ||------|------|------|------|-----| the first schedule[see section 3 (4)]| serial | name of | name of the | territorial ||----------|-----------|-----------------------------|-----------------------------|| no | the state | university | jurisdiction || 1 | bihar | central university of bihar | whole of the state of bihar || | | | |———— a billfurther to amend the central universities act, 2009————(shri smriti jubin irani, minister of human resource development)gmgipmrnd—2210ls—12082014 | Parliament_bills | 81d811a8-c5f5-5701-9453-b6b725467a85 |
bill no 11 of 1p85 me appropriation (railways) bill, 1985 a b~~to provide for the authorisation of q1?p'roprrotion of moneys out pf the consolidated fund of india to meet t!t~ ~tn01lnt~ '~'ft on cenain ~erviceb for tjile purposes of railwciys during tae jia4naiol year ended on the 31st day of march, '1983 in excess of the- amounts grantf!d for th08e s~ea atui tdr theat year ~ i~ enacted by pbfliam,nt in the thirty-fifth year 'of the republic pf lndia as -follows:-i this act may be called the appropriation (railways) act, 1985 short title 2 from and out of the consolidated fund of -india, the sums specified 5 in cowmn 3 of the schedule amounting in the aggregate to the sum of sixty-five crares, five lakhs, thirty-one thousand and four hundred three rupees shall be, deemed to have been authorised to be paid and applied to meet -the amounts spent for defraying the charges in respect of the services relating to railways specified in column 2 of the schedule during 10 the financial year ended on the 31st day of march, 1983, in excess of the amounts granted for those servtc~ and fw: that year | issue | of ||------------|-------|| rs85,05, | || 403 | || out | of || consolida- | || ted | || fur1d, | || at | || india | || to | || meet | || certain | || ex | || penditure | || for | || the | || year | || ended | || on | || the | || 31st | || march, | || 1983 | |appropriation 3 'nle sums deemed to have been "authorised to be paid and applied from and out of the consolidated fund of india under this act shall be deemed to have been appropriated for the services and purposes ex-j 5 pressed in the schedule in relation to the financial year ended on the 31st day of march, 1983 81ii1ii agreptidc to voted by ~od total parliament the coriiolidatedfwad -ri ri ri 2,92,lz66so 2922665° 10 repairs and maidtelwlce of permadedt wayaodworb - repairs and maidtejuo·ncc ciifmotivc po_ 5 6 repairs and mailltenance of carriages and wagons - - 52 r ,94,902 52i,94,gckl i 1,411792lz 1,41,17,92lz operating expenso-fud 12,m,7l1800 12011,72,800 10 i, provident fund pension and other retiremcdt beaeits 22,56,85397 22,56,85397 dividaacl to geacnl reveduei, ~ymeat ofloua laked from gaaeru reved-ucii and aiiiortiiatioca of 09cr-capitali-·aatiad qo,9o337ss1 20903373· ito total 650s,slafos , 6s•0li,si,fos statement of objects and rzasonsthis bill is introduced in pursuance of article 114(1)' of the constitution of india, read with article 115 thereof, to provide for the appropriation out of the consolidated fund of india of the ·moneys required to meet the expenditure incurred in exces8 of the grants made by the lok babha for expenditure of the central government on railways for the financial year ended on the 31st day of march, 1983 i bansi lal president's recommendation lfflder article 117 of the constitution of india· [copy or-letter no 85-b-403, dated the 17th january, 1985 from sbri bansi lal, minister of railways to tht; secretary-general, lok sabhil] the president, having been informed of the subject matter of the pr0-posed appropriation bill providing for the appropriation out of the consolidated fund of india of the moneys required to meet the expenditure incurred on railways in excess of the grants made by lok sabha for 1982--83, recommends under clauses (1) and (3) of article ·117 of constitution, the introduction in and consideration by lok sabha ot the appropriation bill a biuto pro,;,i~~ fot' the auth~ristion of ~ppropriath>n of mone), out of the consolidated furid of india to meet the amounts spent on certain s'ivic:~ iclr the purposes of railways during the finaftcial year ended on ijle 3lst dsy of ¥arch 1983 in excess of the amo1inti granted for tqoiie ,,"lees and for that ,ear (shri 8cmi leal, minister of rgiltdcys) | Parliament_bills | 9aeba1c8-37b8-5617-bfce-0c361dd791c0 |
financial memorandumclause 3 of the bill provides for the payment of pension at the different rates to both husband and wife who have attained the age of fifty-five years or morc clause 4 provides for medical aid and facilities of free residential accommodation the bill if enacted would involve expenditure from the consolidated fund of india an annual recurring expenditure of about rupees five hundred crores is likely to be involved from consolidated fund of india similarly, a non-recurring expenditure to the tune of one hundred crore at the initial stage will also be involved memorandum regarding delegated legislationclause 5 of the bill empowers the central government to make rules for carrying out the purposes of this bill the rules will relate to matters of detail only the delegation of legislative power is, therefore, of a normal character | Parliament_bills | 2104aa61-3bf7-5e0d-a847-d7a5e9f80832 |
bill no lvii of 2010 the anti-hijacking (amendment) bill, 2010 a billfurther to amend the anti-hijacking act, 1982be it enacted by parliament in the sixty-first year of the republic of india as follows:—65 of 1982amendment of section 32 in section 3 of the anti-hijacking act, 1982 (hereinafter referred to as the principal act), for sub-section (2), the following sub-section shall be substituted, namely:—5''(2) whoever, either on his own, or in concert with others, attempts to commit any of the acts referred to in sub-section (1) in relation to any aircraft or abets the commission of any such act, shall also be deemed to have committed the offence of hijacking of such aircraft'' 3 for section 4 of the principal act, the following section shall be substituted, namely:—substitution of new section for section 4 punishment for hijacking''4 whoever commits the offence of hijacking shall be punished with death or imprisonment for life and shall also be liable to fine'' statement of objects and reasonsthe hijacking incidents which have taken place in the recent past including the hijacking of indian airlines flight no ic-814 in 1999 and the hijacking incident in the united states of america on the 11th september, 2001 have shown that civilian aircrafts were hijacked and used as missiles for causing mass destruction subsequent attempts worldwide to hijack aircrafts and the threat by the outlawed groups or organisations have necessitated a fresh and thorough examination of the preparedness of all concerned to face such exigencies it has therefore become necessary to reassess the strengths and weaknesses of the existing strategies for handling such exigencies2 the present law has insufficient penalties to deal with these new situations and is not deterrent enough to prospective offenders it is necessary to make the extant provisions dealing with hijacking, more comprehensive in order to cover all aspects and kinds of hijacking by offenders and conspirators and to make the law more stringent by award of death penalty for such offences3 in view of the increasing cases of hijacking and impending threats of hijacking, it is proposed to amend the anti-hijacking act, 1982 to,—(a) amend section 3 to provide that whoever, either on his own, or in concert with others, attempts to commit any of the acts referred to in sub-section (1) of said section 3 (which inter alia include seizure or control of an aircraft in flight by force or threat of force or by any other form of intimidation, by a person with the intention of committing the offence of hijacking of such aircraft) shall be deemed to have committed the offence of hijacking of such aircraft;(b) amend section 4 to enhance its scope by including death penalty for the offence of hijacking which at present provides for imprisonment for life and fine 4 the bill seeks to achieve the aforesaid objectivesnew delhi;praful patelthe 1st june, 2010 annexure extracts from the anti-hijacking act, 1982(65 of 1982)| | | | | ||------|------|------|------|-----| chapter ii hijacking and connected offenceshijacking3 (1) (2) whoever attempts to commit any of the acts referred to in sub-section (1) in relation to any aircraft, or abets the commission of any such act, shall also be deemed to have committed the offence of hijacking of such aircraft| | | | | ||----------------------------------------|----------------------------------------------------------------------------------|------|------|-----|| punishment | | | | || for hijacking | | | | || 4 | whoever commits the offence of hijacking shall be punished with imprisonment for | | | || life and shall also be liable to fine | | | | || | | | | |————abill further to amend the anti-hijacking act, 1982————[shri praful patel, minister of state (independent charge) of the ministry of civil aviation] | Parliament_bills | d8346e28-adac-5088-b37a-67564aa49748 |
bill no iii of 2011 the illegal immigrants and missing foreign nationals identification and deportation authority of india bill, 2011 a billto provide for the establishment of an authority at the national level for identification and deportation of illegal immigrants who have come generally from the neighbouring countries in india and have settled in various parts of the country thereby increasing the burden on national resources and also to identify and deport the foreign nationals who go missing after coming to india after the expiry of their visa period and many of such immigrants and foreign nationals are threat to the national security and for matters connected therewith and incidental thereto be it enacted by parliament in the sixty-second year of the republic of india as follows:—1 (1) this act may be called the illegal immigrants and missing foreign nationals identification and deportation authority of india act, 2011short title, extent and commencement(2) it extends to the whole of india5(3) it shall come into force at oncedefinition2 in this act, unless the context otherwise requires,— (a) "appropriate government" means in the case of a state, the government of that state and in other cases the central government;(b) "authority" means the illegal immigrants and missing foreign nationals identification and deportation authority of india established under section 3;5(c) "illegal immigrant" means a foreign national who comes to india without any visa or proper and valid documents issued by the designated authority of the government of india in any foreign country and settles or attempt to settle in india in the garb of indian citizen by obtaining ration card and other document by fraudulent means;(d) "prescribed" means prescribed by rules made under this act1031 of 1946(e) terms and expressions used and not defined in this act but defined in the foreigners act, 1946 shall have the meanings respectively assigned to them in that act153 (1) the central government shall, as soon as may be, by notification in the official gazette, establish an authority to be called the illegal immigrants and missing foreign nationals identification and deportation authority of india for carrying out the purposes of this act(2) the head office of the authority shall be at mumbai in the state of maharashtra and the authority may establish its regional or branch offices at other places of the country as it may deem necessary for the purposes of this act20establishment of the illegal immigrants and missing foreign nationals identification and deportation authority of india(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 and be sued(4) the authority shall consist of,—(a) a chairperson who shall be a retired judge of the supreme court or of a high court to be appointed by the president of india;25(b) a deputy chairperson to be appointed by the central government with such qualifications and experience as may be prescribed;30(c) five members of parliament of whom three shall be from lok sabha and two from rajya sabha to be nominated by the respective presiding officers of the two houses;(d) five members to represent the union ministries of home affairs, external affairs, law and justice, planning and defence respectively;(e) four members of organisations which were spearheading agitations against illegal immigrants in the north-east and other parts of the country to be nominated by the central government;35(f) four members to be nominated by the governments of the states to be rotatedamongst the states in alphabetical order every three years;40(5) the term of office of the chairperson, deputy chairperson and members of the authority and the procedure to be followed in the discharge of the functions of the authority shall be such as may be prescribed(6) the authority shall have a secretariat and subordinate offices with such officers and members of the staff to assist the authority in discharging its functions on such terms and conditions of services as may be prescribed from time to time by the central governmentfunctions of the authority454 (1) subject to the guidelines issued by the central government under the provisions of this act from time to time, the authority shall perform and undertake such special steps in close coordination with the governments of the states, union territory administrations various central and state level investigating agencies, intelligence agencies, local police, border security force and such other forces and union ministries of home affairs and external affairs for the identification of illegal immigrants and their nationality and the foreign nationals who have gone missing after their arrival in india on expiry of their visa period and to ensure their deportation from india to the countries to which they belong(2) without prejudice to the generality of the provisions contained in sub-section (1)of section 4, the authority shall,—5(a) formulate guidelines for identifying illegal immigrants and their respectivenationality and those foreign nationals who have gone missing after their arrival in the country;(b) direct the appropriate government for the deportation of identified illegalimmigrants and missing foreign nationals to their countries;10(c) facilitate speedy hearing of cases against illegal immigrants and missingforeign nationals;(d) direct the appropriate government to,— (i) stop every assistance provided by such government to the illegalimmigrants and missing foreign nationals;15 (ii) impound the ration card, voters identity card and such other documentsprocured fraudulently by the illegal immigrants and missing foreign nationals; (iii) delete the names of illegal immigrants and missing foreign nationalsfrom the electoral rolls, if, included inadvertently or fraudulently;20 (iv) terminate the services of illegal immigrants and missing foreignnationals in case they are employed either in government service or in private sector; (v) recover the loans borrowed by illegal immigrants or missing foreignnationals;25 (vi) take action on priority basis for the deportation of illegal immigrantsand missing foreign national to their countries; (vii) take such other actions as the authority may deem necessary forcarrying out the purposes of this act(2) it shall be the duty of the appropriate government to take, as soon as may be, necessary action as directed by the authority305 it shall be the duty of the authority as well as of the appropriate government toensure that no inconvenience is caused to any bona fide indian citizen while implementing the provisions of this actauthority to ensure thatinconvenience is not caused to bonafidecitizens35central government to provide funds6 the central government shall, after due appropriation made by parliament by law in this behalf, pay to the authority in each financial year such sums as may be considered necessary and adequate for the performance of the functions of the authority under this actannual report407 the authority shall prepare once in every calender year in such form and at such time as may be prescribed, as annual report giving a true and full account of its activities during the previous year and copies thereof shall be forwarded to the president of india who shall cause the same to be laid before both the houses of parliamentact to have over-riding effect8 the provisions of this act and the rules made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force, but save as aforesaid the provisions of this act shall be in addition to and not in derogation of any other law for the time being applicable to illegal immigrants and missing foreign nationals in the countrypower to remove difficulty9 (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 appears to it to be necessary or expedient for removing the difficulty:5provided that no such order shall be made after the expiry of the period of three years from the date of commencement of this act(2) every order made under sub-section (1) shall, as soon as may be, after it is made, be laid before both the houses of parliament10 the central government may, by notification in the official gazette, make rules for carrying out the purposes of this actpower to make rules10 statement of objects and reasonsour country is very vast and quite a good length of its borders are open along with the neighbouring countries which are poor as per the international standards since our border are quite porous a large number of poor people from such countries infiltrate into our country as illegal immigrants and have settled in various parts of the country since they are from the neighbouring countries many of which were once parts of india, they easily mix up with the local population and it is very difficult to identify them special efforts are required to detect them as a result, there are millions of illegal immigrants and their infiltration is continuing unabated their number has swelled in the north-east region national capital and several other parts of our country our country is overpopulated and struggling hard to provide the necessities of life to its own citizens and can hardly afford to feed and sustain these illegal immigrants these illegal immigrants are not only increasing the numbers of our overpopulated nation but have been found indulging in criminal and anti-india activities they are helping the terrorist activities against our country and creating law and order problem in the country particularly in the urban areas by indulging in thefts, snatchings, looting and other crimes similarly, quite a large number of foreign nationals come to our country on a short term visa and before the expiry of such visa, they disappear and go missing in the country many of such foreign nationals later on have been nabbed found spying and indulging in disruptive activities in the countrybut it is unfortunate that such illegal immigrants and missing foreign nationals acquire ration cards, electors cards etc in connivance with some greedy elements in the administration to show them as indian citizens thereafter, these unwanted illegal immigrants and missing foreign nationals are cleverly creating difficulties for the genuine indian citizens and usurping their rights as such to get rid of them, it has become necessary to identify them on priority and deport them to their countriestill recently the illegal migrants (determination by tribunals) act, 1983 (act no 39 of1983) was there to deal with the illegal immigrants but the same has since been declared ultra vires of the constitution by the supreme court the union government has done nothing either for the validation of the strucked down law or have another law in its place as such at present there is no law in place to deal with the illegal immigrants now for both the illegal immigrants and the missing foreign nationals the provisions of the foreigners act, 1946 (act no 31 of 1946) can only be invoked which are not adequate to deal with this gigantic problem as such a new law has to be enacted to deal with these twin issueshence this billrajkumar dhoot financial memorandumclause 3 of the bill provides for the establishment of the illegal immigrants and missing foreign nationals identification and deportation authority along with its secretariat clause 6 makes it obligatory for the central government to provide requisite funds to the authority for performing its functions the bill, if enacted will involve expenditure from the consolidated fund of india though it is not possible to quantify the amount at this stage it is estimated that a sum of rupee three hundred crore may involve as recurring expenditure per annuma sum of rupee one hundred crore may also involve as non-recurring expenditure from the consolidated fund of india memorandum regarding delegated legislationclause 10 of the bill gives power to the central government to make rules for carrying out the purposes of the bill the rules will relate to matters of details onlythe delegation of legislative power is of normal character———— a billto provide for the establishment of an authority at the national level for identification and deportation of illegal immigrants who have come generally from the neighbouring countries in india and have settled in various parts of the country thereby increasing the burden on national resources and also to identify and deport the foreign nationals who go missing after coming to india after the expiry of their visa period and many of such immigrants and foreign nationals are threat to the national security and for matters connected therewith and incidental thereto———— | Parliament_bills | eeadba3e-595d-542c-953e-129cf2ee71e4 |
bid no '2 0112" the ~1etal c0rporation of india (acouismon of undertaking) biilj 196' - / billto prouide for the acquiaition 'cif the underl4jdftg of the metal corporg-tion of lftdia limited for the purpo,e of encibling the cmttaz government in the public interest to exploit, to the fulleat utent porible, zinc and lead deposit' in and titound the zawci7" area in the state of ra;aatjum and to· utwae tho,e minercll ift nch manner cu to aub'en1e the common good bz it enacted by paruament in the sixteenth year of the repubuc of india as follows:- chapter i pratmdraky1 (1) this act may be called the mett corporation of india short title , (acquisition of undertaking) ~ lqflo ==t - ( (2) it shall be i:ieemed to have come into force on the 22nd day of october, 19s5 i deanluodi z in this act, unless the context otherwise requkes_-________ _ (a) "administrator" melull an admfnlbtrator appointed udder mction 11;, , (b) "company" or "the metal corporation of india" means the metal corporation of india limited, being a company as defined in the compani act, 1958, having it j'eptered of!ce at calcutta; (c) "tribunal" meadi ~ tribunal coditituted· und 10 ction 11; (d) wor,:b,:&nd expresaiodi used but not defined in thli act and deftned in the companies aet, 1956, sball have the meaninib respectively aaaigned to them in that act chapter iiaeqmaxtlon of trii: un'ddtaxing of 'l'rb mbtal corpoilatlolf nf india 3 on the commencement of this act, the undertaking of the cpmpany shall, by virtue of this act, be 1nnaferred to, and vest; in, the c:entral government ' undertakldiiof eompany to 'vest in central government geaeral eftect of vuttna under eecdon 30 • (1) the undertaking of the company shall be deemed to ill- 20 auide' til "~,' tilghts, leaseholds (in~luding mining leases, if any), ~! ':autb~es and :~vi1~~ ~all property, movable and immovable, inclucbng l8rids, bunain~, ~b, --mtn~, 'wtjrbjiops, projects, smeltera, -:nftnulcis, ito ti1ttudlmta, j fdwoltinery, locomotives, automobiles and ,other vehicles, mined or ~aeted zinc or 25 lead ores, codeentrates and metab, m process fir in stock m' in transit, cash balances, cash on hjalib, reserve fund, investment and book debts and all other rights and interests arising out of such prepetty n-"e'1!¢tneat_tely 1)erotte·the!~lm~bl>fh181lct'fn ~ the ownetkhtp;~dn, -po'werbr'etmtrol 6ft'he 'ebjil~ ih telalton 30 to' :£he- tml!~dfftg, '~h'er ''\irtt1iln or 1rfthwt tnma, -ahd ill1 'boob df'ab~t, 'l'~t!!'8,lrutps, p1ahs, 1iect1ons,dft'wbtib, ~rds -of wrvey aha ~all' othl!r ~ol!um~ts j cif~~ 'liat\we '~aimt ~tb, land shall also be deemed to ctiiclti8e ~ '~owdifa, lla1)l1ft!es 'ua ~bitgatlons ,of wbateverkind then "iubaistidg of the cotl\p8dy in relation 3' to the undertaking (2) all property vesting in the central government under sub-retion (1) shall, by force of -i11at -veitttilr, be freed and discharged from any trusts, obugatf()di, morigages,''-iharges, hens and other encumbrances affecting it, and any attachment, injunction or anyfa ,;decree or omer of a¥urt"riiitrlctlnljfliejtae of·iucb:pr6~tty·~ ~ ''manner aha11 be deemed to jide~"~wd <t)- atm~ to· ~ other pnmalou' ccmtaidedn ld-: ti1ia, w • contracts add: working, aning8ments· wbicb am} aubaat;ld'li lmr ~tely before the commencement of this ai;:t and aflectlnl ~ ------i"c>ft'lommparl3'--ahau,-tn-ao-1ar_ they relate ~ ~ undertaklnl of i the - c()ul~y, ceueto haye_~ cc be enforceable ~ ~c~ or &,nj ~on wio -s ~ or bad ~teea th~ ~~~c ~t'eqf>andwll: be01 as full_fo:r;ee and e1fect apinst or iii favour of the central g()riemment~uld enf0n:e6b~ fuli!' ~ ~t a if instead of the company the central government bad been named 10 ·therein· or had' been·« party til, (~)< subject to the other provisions contafnedl1 in tbfa ~ any~proceedingor cause of acuon pending or ex1btfdg immediate1t before the commen~::ol' thi, act by or agabist tjie com· ppny in relation to its undertaking may, as from· such· commen~ , ment, b:t! co~t~~edand 'enf~ ·by or againbt the centra! ~ ment as it might have been enforced by or! agplnsttlte-companyif this act had dot been passed,- and' bhall' ceato be enfb:reeable-!j1-or apidst the >company, its -surety- or' guarantor 5: (1) every oftleer or ~theremployeeof the c:ompany(excapt • ,:]: 20 director·or any managerialperaonnei speeuled id'1ieotion' 19?a ofiltij 0 -;~ companies act, 1956, or any other peracm entltl~lto dianage' the of ,:: whole or~a sqbstantial paz:t,of the bulln _ of:the co~p"ny, under a cojdl)w • ~i eement) inthe,employmentottheco~:many immediately, before the commenoement of this aclt ~i in so far 1\l&41lch 2s emp~oy:~ ill edlployeg,;in ceimeation-with,the aftairs af- the -under~ ~1i;of the··company, become u ,frdjjdrsuch coldjxlencementt , an ofb~ or other ~~o1e~ ,as· the: case may, he, of the cen~ra,l ~~ent ~d shall hald hisr otfice by thtl same t~\1re" at the same remuneration andumm, the same terms &nci conditions and 30 with the same rights and privilei~ as to pf-dsion and gx:atuity add other matters as he would have held under the company if this act had'not been-passed-~sball'colltlnue·to db 10 unless '8jid: 'until hla'employment in the· central ~ent is terminated or· until his remuneration, terms and conditions" are- duly' altered"by the 3s central government: ~ded' that if -the -a1t~ratiojl-1o made la~ dot,accep~h1e to j ~ suchotlieen>1" employe,his employment maybe t~ted by the cedtral govenunentrod pajtqedt,to himr by the central; government ofrcompenuticm equi\ullent to three dlodtha'remuneratioil in; the 40 ~ ~,~8dentlemployees' andonejdoilth~remunatlonln the cue 01 qther,employ~ provided :further· that nothing , eotabled in· thj& sedi~' ahall 8a})ly,lqaay of8eer ,or other· employee~wu has, by :dotice ,in· wr1iiq1 &twa to , tba-tcenu-al, govemmeat: within· thirty da7a-nat1ol1owid&i the eojnm 6dc8a\ent of thfa ad, intimated his intention of dot becom· fill an ofbcer or other employee of the central government (2) notwithstanding anything contained in the industrial disputes act, 1947, or in any other law for the time beinll in force, the ~ lt of 1m" tradlfer of the iervfeea of any oftlcer or other employee of the ~, company shall not entitle any such officer or employee to any compensation under that act or other law, and no iuf claim shall be entertained by any court, tribunal or other authority ~n- i notwithstanding anything contained in any law lor the time me alentl being in force, do director or managerial personnel specified in sec- 10 r:t ~~ tiod 197 a of the companies act, 1956, or other penon· entitled to 1 of 18h atlod manage· tk~; whole or a substantial part of the busines!$ and afrairs of' the company under a special agreement shall be entitled to any com,pensation against the company or the central government for the loss of ofbce or for the premature termination of 'any contract of is management entered ~o by him with the company ~~ 7 (1)' where any property has vested in the central government do ,on under section 3, every person in whose possession or c!1stody or ~b' ~ whose control the property may be, shall deliver the property and ctocu- to the central government forthwith 20 mcb = (z) any person who, on the commencement of this act, o has in his possession or under his control any books, documents or other pa~a relating to the company which has vested in the central government under this act and which belong to the company or would have 10 belonged if the undertaking of the company 2s had not been acquired shall be hable to account for the said books, documents and papers to the central government and shall deliver them up to the central government or to such person lis the central government may specify in this behalf -(') -the central government may take all necessary steps for 30 seeuring pessesaion of all properties which have vested in that government under section 3 nut;:, to 8 the company shall, within thirty days from the commencement ::ru~arb of this att or within such further period as the central government may allow in this behalf, furnish to that government 3s a complete inventory of all the properties and assets (including particulars of book debts and investments and belonglrigs) of the company at the commencement of this act, all liabilities and obligations of the company subsisting at such commencement and also of all agreements entered into by the company and in force on 40 such commencement including agreements, whether express' or impued, relating to leave, pension, gratuity and other terms of service 6f any oftietlr or other employee of the company under which, b)t vii't11e of this act, the central government has, or will have, or mat have, liabilities except such agreements as that government may exclude from the operation of this section, and for th1a-purpoae, , tbe----s central government ahall afford the company all reasonable facllltiel ~ i (1) where it appears to the central government that the ~ making of any agreement under which the company has or will have ment to ~ may have liabilities was not reasonably necessary for the purposes =,~m 'of the activities of the company or has not been entered into in ~t& lo·good faith, the central government may, within one year from 'the commencement of this act, apply to the tribunal for relief from the asreement and the tribunal, if satisfied after making web inquiry iittiie matter as it thinks fit that the agreement was not reasonably necessary for the purposes of the activities of the com-15 pany or has not been entered into in good faith, may make an order cancewng or vawm, the agreement on such terms as it may think fit to impose and the agreement shall thereupon have efiiect accord-ingly (2) all the parties to the agreement which' is sought to be can-20 celled or varied under this section shall "be made parties to the proceeding 10 - ()) the central government shall pay c'!lllpedsation to the j::'r"" company for the acquisition of the undertaking of the company and acqullfuoa such compensitiod shall be detel'llltned in accordanee with the:!k~ 25 principles specified in the schedule and in the manner hereinafter set oilt, that is to say,-(~ where the amount of compensation can be fixed by agreement, it shall be detennined in accordance with 8ucli agreement; 30 (b) where no such agreement can be reached the central government shall refer the matter to the tribunal within a period of three months from the date on which the centrai gov-~rnment and the company fail to reach an agreement regarding the amount of compensation 3, (2) notwithstanc:ung that separate valuations are calculated under the principles specified in the schedule in respect of the several matters referred to therein, the amount of compensation to be glvmt shall be deemed to be a single compensation to be given for the undertaking as a whole 40 (3) the amount of compensation determined in accordance with the foregoing provisions shall be paid to the company in cash within - period of six months from the date of such determination: c ~jdc1e4 taat it· c_~tlqn is ddt paid' within, tit p,rted a~~~\ ~j!i~j1t,ral-gov ___ llt,sl)au ·pav ~,t ron, tlae8iq~ o'co~tiq~ ,at tbe: rat qifour per cent· ","·8dllqk~om,the ----,~li9~i~,qftqe!d i~ 5-9~' on () trlbuul - 11 (1) 11a~igoveramedt may for the·purpol8l ofthls ad eodl ·,!jribu whiclhhajljcoblit·of·· le pel'loq·who ii, or , , 11 -u8et1·to be, a j •• ,,of, 1iich; court· or· of· the, su}ll'emecourt, 10 (2) th~ tdlnmal may ciioqie oqe or more· persopa po lp ji~~~iaj ~lvl"q~ : of ajl7 qtatter relathac to any cufl qdu mqp:y to~ist tm trlb1uullin, d"' b , aqj q"tlojl wbidl·bu tq b~ d,:wedr-1w it un, • tbia~t ~ ~ (3) the tribunal shall have the powers of a civil court while 11 trying a suit under the code of civil procedure, 1908, in respect 'of i of 1101 thltf~uo~i matte-s, namely:-(4) swdmoning "and enforcing the attendance of any pel'8oll and examlnjng him on oath; (b) requiring the discovery and production of documents 0~20 - other material objeets prod~clble as evidence; (p) receiving evidedce on aftldavits; (d) issuing commissions for the axamjn"uodlof witn ·or docqidents (4) 'n1~ tribudal shall have wwer:to regqlate its own·proeedure 25 and decide all matters within its competence, and m4ly review any of its decislons in the event of there being a mistake on the face of the record, or correct any arithmetical or clerical en-or therein but subj~ct thereto, the decision of the tribunal on any matter within its jllri'ldiction shall be final and conclusive 30 chapl'er ivmalfag&mbnt abd adiiinistratiok of thb undzrtasdfg i'formauon - d for the efficient management and admini$tratioll of the o goveru- -ment undertaking of the rompany vested in the central government by rmpany virtue of this act, that government may form a government 3' ~ comp$l1y in accordance with the provisions of the· companies act, 1 01 1 me:t of 195g·and on the formation of suell company, the undertaking togethu ~ with all, its properties, assets, liabilities and obugatiods speeified in ~c!tion ; (:t) df ,~tiotl - and weh bih~r' aprope~es,·' a~ liilfit utles itbd"'d6ligatidftsas'tnay hereafter 'be aequttedor incurreci'fdr the purposes of th'e undertalddf! ~n, !byvirtue of 'th!~ act~i!~tad~d=--__ _ ~erred to, add vest in, that government company ?s 1,13 (1) '?eadlq the' :formatiod of 'the govenmiedt eompally appolds referred to ill secitiod 12, the cedtra1 govemmeat may appobat ode, =:n;:' or more thad ode, administrator for the emeledt maoapmeat ud, ~ _ lamjiawratiud ·onbeloldttrta1dn o ':f2)"-&ll!h ~t()r 'or ~tatots 'shill, in 'the·lm ftjl~b'i i iild ,dmbti8ttatfon of the undertaldhg, act in 'acctjt"cluice ';nut !sul!b directions, if any, as may be issued by the central c:~~ennft'6it :!n this behalf chapter v ~sis me 'u) alty''pel'lon)\vllo-'(d) havibgin his possession, custody or control any property 'tomifng 'part of the underlakinrot the company, wrongfully 'wfttihofds such property 'from the central government or wilfully applies it to 'purpot&es other than those expresse'd ,in or authorised' by 'th1saet; or 20 (b) wroftgfully' 1)btains polsessldn 1:)fy ~",pehy ft)~ ,part' of the undertaltingof tiu! t!dm)1lmy -)d'eb ~lt ~~ i th ' central government under this act;' fir (e) wilfully withhelds or falls to furnish to 'the cent~} government or any person specified by that government as 'required "by 'wb-s~~n !(z) ofseetibn·, any doeuth"erit wbich ,may be in ',his ~on, custody orcoi1trol; 'or c d) wilfully fan to furnish any particulars required under' ection 8; or '" 30 ce) when required to furnish any such particulars, furnishe any particulars which are false and which he either knows or believes to be false or does not believe to be true, shan be punishable wlth imprisonment for a term which may extend to two years, or with fine, or with both: ~s provided that the court trying any offence under t'lause (a) or ~l~u8e ('b) of tbl8 8ub-sectiod may,' at the time of convicting the aecusec:l person, order him to deuver up or refund within a time to be fixed by the court any p~operty wrongfully withheld or wilfully miaap~1ied or wrongfully obtained ! (2) no court shall take cognizance of an offence punishable under this section except with the previous sanction of the cel}tral govern- 5 ment or of an officer authorised !>y that government in this behalf , u no suit, prosecution or other legal proceeding shall lie~gainst the central government or an admitlistrator or ali officer or other employee serving in connection with the affairs of the undertajdng for anyth1n~ which is in good faith done or intended to be done under 10 this act' ",; - , power to make we ii (1) the central government may, by notiflcatibn fit ~e oftlcial gazette, make rules to carry out the purposes of thil act -(2) every rule made by the central government under this 11' act shall be laid as 80011 as may be &fier 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 sp laid or the session immediately followinr both h~uses agree in 20 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, ~ the case may be; 10 however that any sucli modification or annulment aha1l be without prejudice to the validitv: of any,thing' previously done ujlder that rule a, 17 (1) the metal corporation of india (acqulsition of undertakin'g) ordinance, 1965, is bereby repealed (2) notwithstanding such repeal, anything done or any action taken under the said ordinance shall be deemed to have been done or taken under this act~ ; ,pii:dr~ lor d~ coii:pdba'l'iolf rca acqtji8mok or mil emment to the company in reaped of the acquiliuon of the undertakillr thereof shall be an amount equal to the iuid total of the value of the properties and assets of the company on' 'jle date of commencement of thti act c8iculated in accordance with the proviiitou of 10 paragraph d ze the um total of the llabwu ad obupuodi of the company u on'the laid date calculated ill aeeordance with the provisions of paraaraph m p"ttjf1n'ph 11-(a) the market value of any land or buildidal; ti of ji" (b) the actual· colt incurred by the company in acquiring any i' plant, machinery or other equipment- which has not been worked or used and is in good working condition and the written-down value (determined in accordance with the provisions of the income-to act, 1961) of any other plant, machinery or equiplllent; (c) the market value of any shares, aecuritiea or other investments 20 beldby the company; (d) the total amount of the premiums paid by the company ill respect of au leuehold properties reduced in the cue of each such premium by ad amount which bean to such premium the same proportion as the expired term· of the lease in respect of which suds 25 premium aha1l have been paid bean to the total term of the lear; (e> the amount of debts due to the company, whether secured or unsec:ured, to the extent to which they are reasonably eonlidered to be recoverable; (f) the amount of calh held by the compey, wbeaar fa deposit 38 with - bank or othe~; (g) the value of all tangible ulets and propertl_ other thad tti_ fawn within any of the precedln, clauses , pa,,aph lll-'rhe total amount of liabilities add obuptioai -incurred by the company in connection with the formation, mana ment and administration of the undertajdn, and ubalsttn, immediately before- the com~ma~ -of ~-ac:l""",-____ ~ __ , f~ ifa ~1!dependent u}iol1'bnpdrtstor meetin, the 1"8-!~emaofld 'and; zmc~ both of which ~ essential riw materials ~'fid~' and rare· of considerable 'strategic importance ' pr~ -tiy/iftd' and zinc ore deposits in zawar area in rajasthan are ;\fle"c:mi11m~ sources· which can be worked 'on commercial &cue "tiil8area' wu'ne1dunder lease by the metal 'corporation of india r'raadfed, j a 'company' as defined in the' companies 'act,' t956~ which ~ults~~:~giiteted "oftlce in ~alcutta· ;"2! ttitder"8!l'bidiutiriai llcence granted to it (6r1iinallicen~ grall-'ti!d'b1 1960 and amended in 1961), the company undertook a scheme jtb "b1creaae mlde production, set up a zinc smelter tor producing electrolytic grade zinc and by-products and to expand its lead smelter the company had originally estimated the cost of the '(-=beme at- rs;·6'10 lakhs subsequently, the company tnlhcated increase in the cost of the scheme to rs 1,263 !akhs 'the compar1y was, however, unable to raise finances necessary far completing the project on an examination it was found that the company would require about rs 8 crores in rupee finance and rs 1 crore in foreign exchange to complete the project it was also found that the company had ordered much of the equipment, some of which had arrived and wu awaiting erection; some was lying at bombay port and incurring demurrage and some was awaiting shipment for want of letter of credit! the company had taken several loans, defaulted in the repayment of loans and in meeting the payments due on deferred loans and was in serious financial diftlculties any further loan to the company as asked for by it was, therefore, considered inadvisable besides, the company was unable to raise additional equity to match the loan capital ' 3 for want of finances, the construction work on the scheme had almost come to a standstill unless immediate action was taken to complete the project and run the equipment and machinery, there was risk of deterioration and much of the expenditure incurred on the project might have become intructuous serious shortages of zinc metal developed in vital lectors of defence and industry toll ow-ill' the ggression by pakistan and it also became apparent that importij of th1a metal even on a umlted scale 'may not be possible':-'fhu iiltuaucin bad added a dey and compewng urjenc7 to the jlfjc8tlily of taking immediate steps for the completion of the project ud-dertaken by the company and developing the zawar deposita ' 4 the potentjaliues of zawar area in reprd to zinc and lead depoiits are large and it fa el88dtial that the full potential of this area mould berealued at the earliest exploration of the area and the development thereof 'would require large investmenta the company 'wu unable to eoxnplete even the umited scbeme it had undertaken for the ezploltauon of the depoeita it wu ther8fore in urgent national interest that the present scheme undertaken by the company should be completed as loon as possible and further steps taken for the de~elopment anclt:;:'2illzation of the potentialities of the deposits ·aij parliament was not in session, the undertaking of the metal corporation of india wu acquired under an ordfnad~ namely, the metal corporation of india (acquisition of undertakfng) ordinance, 1965 (6 of 1965) it is now proposed that the ordinance be replaced by an' act of paruament -:; n sanjiv a reddy new dam; i the 2nd no"ember, 1985 ;-' i ! " ~ ' , i, i 1 \ acquiriticm 4~ com~~-c1&uie 4 of the ·bill delcribei the detaila of the wicwtaldng transferred to and vested in the cad-tral government the undertaking includes all usets, rights,leueholds, property including landa, buildings, works, mines, worbhopl, prplects, etc, cash balances, cash on hand, reserve funda add all borrowings, liabilities and obligation i ciiuae 10 provides for payment of compensation for the acquia-tion of the above~ the principles for determididg the compensation paydie' are apeclfled in the schedule the actual compensaticm payable wfll be known after a complete inventory of au aaseta and liabllitit is taken· add their value determined in accordance with the· schedule it may, however, be mentioned ~at as on lit april, 1964 (the latest date for which: balance;aheet u available), the total paid-up capital and the reserves and surplulell of the company were of the order of ra 270 crorea, and besides, the company had taken lecured loan of the order of ra 4" c1'orei and unsecured loan of the order of ra 77 lakhs besides pay1da compensation to the company, the government will have to take over the liabilities and obligations incurred by the company in cod- nection with the forma~ion, management and administration of the undertaking and subsisting immediately before the acquisition by the government 2 adminutnlticm-clauae 13 of the bill provides for the appoldtment of one or more administrators for the efftctent management and administration of the undertajdng thfa involves expenditure on the pay and uowances of the administrator the expenditure on this account ii likely to be of the order of ra 10,000 the management and administration of the undertaking are idtencw to be entrusted to a government company at the earu 3 tribuncu-c1ause 11 of the bill provides for the appointment of a tribunal conslstlngof a sldgle penon who is ar bu been or" qualifted to be a j~dge of a high court or of the supreme court the tribunal is also empowered to choole one or more persona to assist it in determid1ng ad, question which baa to be decided by it under the bill the tribunal will have the powers of a civil court the tribunal will be appointed if do &jreeldent can be reached oa tba compensation to be paid the codstltutton of the trlbljdal - clause 1801 the bill empowers the centralgovemment to make rul for carrym out the pu1'poiie8 of the act add all the would pertain to matten of detail or procedure the deleption of ie lalive power involved fa of a doimal character , ,,' o j'- i' - - - !to, ' ~" - billto provide for the acquisition of the undenaking of the metal corporation of india limited for the purpose of enablidg the central government in the public interest to exploit, to the fullest extent possible, zinc' and lead deposits in and around the zawar area in the state of rajasthan and to utilise those minerals in such manner as to subserve the common -good - , - - (8m; n sqllfltja rsddy, minisur of simi _mm) | Parliament_bills | f1fe5dbb-3bff-5a95-bf17-c57dbdafaf0a |
bill no 87 of 2018 the code of criminal procedure (amendment) bill, 2018 byshri rajendra agrawal, mp a billfurther to amend the code of criminal procedure, 1973be it enacted by parliament in the sixty-ninth year of the republic of india as follows:—354d, the following entries shall be substituted, namely:—| 1 | 2 | 3 | 4 | 5 ||-------------------------------------|-------------------------------------|--------------|------|-----|| "354d stalking | imprisonment up to 3 years and with | cognizable | non- | any || fine with for first conviction | bailable | magistrate | | || 5 | | | | || imprisonment up to 5 years and with | cognizable | non- | any | || fine for second or subsequent | bailable | magistrate" | | || conviction | | | | | statement of objects and reasonsin the aftermath of the brutal gang rape and murder of december, 2012, justice verma committee was constituted to recommend amendments to the criminal law so as to provide for fast track trial and enhanced punishment for criminals accused of committing sexual assault against women the committee comprehensively expanded the list of crimes against women and brought stalking under the ambit of indian penal code the committee recognized stalking as a crime and recommended it to be made a non-bailable offense but in contrast to the committee recommendations, in the criminal law (amendment) act, 2013, enacted subsequently, the first offense of stalking was made bailable while any subsequent offense was made non-bailablea bailable provision in the statute for stalking has massively diluted the deterrence it allows the accused to obtain bail without any serious scrutiny often putting the victim at further risk of harassments and assaults as per national crime record bureau, over eighty per cent of the people accused of stalking are given bail before even the chargesheet is filed at the same time, cases of stalking continue to rise in the country with 7132 cases registered in 2016 followed by 6266 in 2015 and 4699 in 2014hence it is high time that concerns surrounding stalking be addressed urgently in this regard, the bill seeks to make stalking a non-bailable offense in line with the justice verma committee recommendationshence this billnew delhi;rajendra agrawalfebruary 16, 2018 annexure extract from the code of criminal procedure, 1973 [2 of 1974]| | | | | | ||-----|-----|-----|-----|-----|-----| chapter xvi—offences affecting the human body| 1 | 2 | 3 | 4 | 5 | 6 ||-------------------------------------|-------------------------------------|------------|----------|-----|-----|| 354d stalking | imprisonment up to 3 years and with | cognizable | bailable | any | || fine with for first conviction | magistrate | | | | || imprisonment up to 5 years and with | cognizable | non- | any | | || fine for second or subsequent | bailable | magistrate | | | || conviction | | | | | || | | | | | | lok sabha———— a billfurther to amend the code of criminal procedure, 1973————(shri rajendra agrawal, mp)mgipmrnd—4439ls(s-3)—09032018 | Parliament_bills | 18c5a7d3-3ad8-5447-8437-a61830ded6a6 |
bill no 23 of 2008 the sugar development fund (amendment) bill, 2008 a billfurther to amend the sugar development fund act, 1982 and the sugar cess act, 1982be it enacted by parliament in the fifty-ninth year of the republic of india as follows:—1 (1) this act may be called the sugar development fund (amendment) act, 2008(2) it shall be deemed to have come into force on the 5th day of february, 2008short title and commencement amendment of section 44 of 198252 in the sugar development fund act, 1982, in section 4, in sub-section (1), after clause (bbb), the following clause shall be inserted, namely:—"(bbbb) for defraying expenditure for the purpose of financial assistance to sugar factories towards interest on loans given in terms of any scheme approved by the central government from time to time" 3 in the sugar cess act, 1982, in section 3, in sub-section (1),—amendment of section 33 of 198210(a) for the words "fifteen rupees", the words "twenty-five rupees" shall be substituted;(b) the proviso shall be omittedrepeal and saving4 (1) the sugar development fund (amendment) ordinance, 2008, is hereby repealedord 4 of 20084 of 1982 3 of 1982(2) notwithstanding such repeal, anything done or any action taken under the sugar development fund act, 1982 and the sugar cess act, 1982 as amended by the said ordinance, shall be deemed to have been done or taken under the said acts, as amended by this act statement of objects and reasonsthe sugar development fund act, 1982 was enacted to provide for financing the activities for development of sugar industry and for matters connected therewith or incidential thereto section 4 (1) of the said act provides the purposes for which the sugar development fund shall be applied by the central government the existing provisions do not specifically provide for payment of interest subvention from the sugar development fund on loans given to sugar factories by banks or financial institutions2 the government has approved a scheme in december, 2007 to provide loans for sugar factories from banks on the basis of excise duty paid and payable in 2006-07 and 2007-08 sugar seasons on production of sugar, with full interest subvention up to a maximum of twelve per cent per annum, out of which five per cent of the interest subvention would be provided through budgetary support from the central government and the rest seven per cent from the sugar development fund to utilise the loan proceeds for payment of sugarcane arrears of 2006-07 and sugarcane dues of 2007-08 sugar season (october-september) claims for interest subvention were expected to be received from february, 2008 itself therefore, the provisions of the said section needed to be amended3 the sugar cess act, 1982 was enacted to provide for imposing cess on sugar for development of sugar industry and for matters connected therewith section 3(1) of the said act as amended from time to time, provides for a cess on sugar at rates not exceeding rupees fifteen per quintal of sugar the main source of funds for the sugar development fund is by way of collection of cess on sugar as per the estimates of the receipts into and disbursements from the sugar development fund in the next about one year and two months, that is, upto march, 2009, there will not be sufficient funds in the sugar development fund to meet the expected expenditure on account of interest subvention in order to improve the accretion in to the said fund to meet the requirements of the various schemes approved by the government and to ensure that sufficient fund is available for carrying out other purposes of the act, there was immediate need to amend the said section to empower the central government to increase the cess from the present rate of rupees fifteen per quintal of sugar to rupees twenty-five per quintal and it will specify the increase in cess as per requirements of funds from time to time4 accordingly, the sugar development fund (amendment) ordinance, 2008 was promulgated by the president on the 5th february, 2008 the ordinance provides as follows:—(i) amendment of sub-section (1) of section 4 of the sugar development fund act,1982 by inserting a new clause (bbbb) for defraying expenditure for the purpose of financial assistance to sugar factories towards interest on loans given in terms of any scheme approved by the central government from time to time;(ii) amendment of sub-section (1) of section 3 of the sugar cess act, 1982 to increasethe sugar cess from fifteen rupees to twenty-five rupees and to omit the proviso to the said sub-section as it becomes redundant5 the bill seeks to replace the aforesaid ordinancesharad pawarnew delhi;the 26th february, 2008 president' s recommendation under article 117 of the constitution of india————[copy of letter no 1(5)/2008-sdf, dated the 27th february, 2008 from shri sharad pawar, minister of agriculture and consumer affairs, food and public distribution to the secretary-general, lok sabha]the president, having been informed of the subject matter of the proposed sugar development fund (amendment) bill, 2008, recommends the introduction of the bill in lok sabha under article 117(1) of the constitution and the consideration of the bill under article 117(3) of the constitution———— financial memorandumclause 2 of the bill proposes to amend sub-section (1) of section 4 of the sugar devlopment fund act, 1982 to empower the central government to defray the expenditure from sugar development fund for the purpose of financial assistance to the sugar factories towards interest on loans given in terms of any scheme approved by the central government from time to time the government notified a scheme in december, 2007 to provide for interest subvention of seven per cent per annum from the said fund on the loans given by banks and financial institutions to sugar factories for making payment to cane growers it is estimated that the loans from banks and financial institutions against excise duty paid and payable during the year 2006-07 and 2007-08, would be to the tune of rupees three thousand eight hundred and eighteen crores and interest subvention of seven per cent per annum for four years would be rupees seven hundred and ninety-two crore the expenditure would be of a recurring nature during the period of the scheme2 clause 3 seeks to increase the maximum amount of cess that may be levied and collected on sugar from rupees fifteen per quintal to rupees twenty-five per quintal even if the government decides to increase the sugar cess to the maximum of rupees twenty- five per quintal, the net increase in the sugar price, that the consumer will have to bear, will work out to just ten paise per kg of sugar whereas the increased collection of sugar cess for the fund at a production of two hundred and fifty lakh tons would be about rupees two hundred and fifty crore per year the actual increase in cess will be decided by the central government taking into consideration all the relevant factors memorandum regarding delegated legislationclause 2 empowers the central government to provide financial assistance from sugar development fund to sugar factories towards interest on loans given in terms of any scheme approved by the central governmentclause 3 empowers the central government to increase the cess collected by way of duty of excise, by notification in the official gazette, on all sugar produced by any sugar factory in india from rupees fifteen per quintal to rupees twenty-five per quintalthe scheme approved and the notification issued by the central government shall be laid before each house of parliament such scheme approved would relate to matters of procedure and administrative detail and it is not practicable to provide them in the bill itself the delegation of legislative power is, therefore, of a normal character annexure extract from the sugar development fund act, 1982 (4 of 1982) 4 (1) the fund shall be applied by the central government,—application of fund ———— extract from the sugar cess act, 1982( 3 of 1982)| ||---------------|| imposition of || cess || 4 of 1982 |3 (1) there shall be levied and collected as a cess, for the purposes of the sugar development fund act, 1982, a duty of excise on all sugar produced by any sugar factory in india, at such rate not exceeding fifteen rupees per quintal of sugar, as the central government may, by notification in the official gazette, specify from time to time:provided that until such rate is specified by the central government, the duty of excise shall be levied and collected at the rate of fourteen rupees per quintal of sugar| | | | | ||------|------|------|------|-----|———— a billfurther to amend the sugar development fund act, 1982 and the sugar cess act, 1982————(shri sharad pawar, minister of agriculture and consumer affairs, food and public distribution) | Parliament_bills | 368f3b15-3c64-51bf-a008-ede463384a24 |
·but··'ne us of 1'" 'e , tile sales pltonotion ~mp~oyee$ (conditions of service) amendment bill '1985 a biufurther to amend the sales promotion bmployees (condititms of service) act, 1976 be it enacted by parliament in the thirty-auttb year of the repubuc ~f india as follows:-· title add 1 (l) this act may be call~ the sales ptomotfon employee 'con~uions of service) amendment act 1$85 short coillideiwemeat 5 (~) it shall come into force on such date as the €entral ~vernment may, by notification in the official gazette appoint z in section 2 of the sales promotion employees (conditions of amend~ ·semqe) act, ih6 (hereinafter -referred to as the principal act), for ment of ~(-d),tbefouowing clause shall be subt;tituted, namely:-section 3 10 '(d) "sales promotion employee" means any person by whatever nameca1led (incl\ldid' an apprentice) employed or engaged in any · hutbment f8i' hue ,or reward to do ai\j work _latipg to promotion· "f -ille er bwiiaea,or both, but dees -dqt include any such ,peron- ~ ,- 'i, , ' (i) who, betn employed - engaged in a' supervisory ~im~ty, -~ wa, eun'· sfdrte huadrwd rupees per' mensem; or (d) who is employed or engaged- mainly in a man~rlal or administrative capacity e3:planation for the purpoees of tlds clause the wages per mensem of a person shall be deemed to be the amount equal to thirty times his total wlges (whether or not including, or comprising j only of, commission) in respect of the continuous period of his service falling within the period' of twelve months immediately, preceding the date with reference to which thecalculatiod is to be made, divided by the number of days comprising that period of mrvie;' , amedd" meat of _tioa 4 3 seciion 4 of the principal act shall be re-numbered and shall be deemed to have been re-numbered with effect from the 8th, day of march, , 1976 as sub-section (1) thereot and-(rr) in sub-~ction (1), as so re-numbered, in the opening portion, the words and brackets "drawing wager (being wages, not including 15 any commission) tt shal] be omitted: (b) after sub-section (1), as so re-numbered, the fouowing subsections shall be inserted and shall be deemed to have been inserted with effect 'from the 8th day of march, 19'76, natnely:-"'(2) the maximum limit up to which a sales promotion!zo ;,:,~,~ :, 'ejdplo~·1'i1ay accumulate earned leave shslll be such u'may be prescrlbed (3) the limit up t~ which the earned 1eave" maybe awued of at a time by a sales promotion employee and the reasons for which such limit may be exceeded shall be such as' may be ~5 pre~bed (4) a ,sales promotion employee shau,-(a) when he voluntarily relinquishes his post or retires from service or ' (b) when his services are tenninated for any reason 30 whatsoever (not bl!ing termination as punis~ent), be entitled to cash compensation, subject to such conditions and restrictions as may be prescribed (including contutions by way of specifying the maximum period for which 'such cash compensation shall be payable), in respect of the earned leave earned 35 by him and 'not availed of (5) where a sales promotion employee dies whue in service, his heirs shall be entitl~ to cash compensation for the eamad leave earned by him and not availed of (6) 'nte cash ~ompensatlon which will bepyable to 8 lalel 40 promotion emp~oyee or, as the case 'may be, his ftehos in respect of any period ot'earned'leave tor which he or hts:'hetrs, u the case may be, hi or are entitled to cash compensatl~uilder sub netion c" dr sub·slletian (8) ;81tbe c::8se may be, shall ~ 8jl uiount'eqltaj to' th;~' wac-· due -te such les premotton employm , tor sut'h periot'j" 4 in section 6 of the principal act, after sub-section (6), the follow amead-ing sub-section shall be inserted, namely:-ment of section 6 ii (1) notwithstanding anything contained in the foregoing iublectioap,-' "(4) in the application of any act 'referred to in any of the 5 sat~ bub-sections to sales promotion employees the wages of a ' - '1i8~' promotion employee for the purposes of such act, shall be deemed to he his wages as computed in accordance with the provitions of this act; 10 (b) where an act referred to in any of the said sub-sections provides for a ceiling: limit as to wages so as to exclude from the 'purview of the application of such act persons whose wages exceed ,such ceiling limit, such act shall not apply to any sales promotion employee whose wages as computed in accordance with the provisions of this act exceed such ceiling limit" 15 amendment of ieclion 12 ,5 in section 12 of tbeprincipal act,' in clause (a) of 'sub-section (2), ,iter the words "sale:s promotion employee", the words oj, the limit ','up toi which he,may a-:cq"lulat, earned leave, ~:limit up to which he jnay avail of ,earned leave at a time and the reasons for which such 20limlt may be exceeded, the conditions and restrictions subject to which he 'ml1y be entitled to ·cash compensation" shall be insertedaoo &hall be deemed to have been inserted with effect from the 8thdyof march, 1976 , the sales promotion employees (conditions of service) act, 1978 was enacted to regulate certain conditions of service of sales promotion employees as defined in that act this, definition of "sales promotion employee" is somewhat restricted as a covers only sales promotion employees drawing wages not exceeding the ceiling limits provided in the definition; the ceiling limits being ri 750 per'mensem in the case of persons drawing wages not including any co~sion, tm8 'rs 9,000 per annum in the aggregate in the case of persons drawing wages including conimission, 'or commission only 2 section 4 of ·the act makes specific provisions ~lating to conditions of service'-of sales"promouonelllployees·as to leave, while section 5 ,of the act provides for issue of appointment "letters in the ,prescribed form to sales promotion employees section 6 of the act makes the provisions of the worlanen'!l compensation act, 1923, the industrial disputes act, 1947, the minimum w~ges act, 1948, the maternity benefit act, 1961, the payment of bonus act, 1965 and the payment of gratuity act, 1972 applicable to sales promotion employees in the same manner as those acts are applicable to wor19nen or, as ·the case may be, employeel 3 in order to make available the benefits under the act to a larger number of sales promotion employees, it is proposed to amend the definitiun of "&ales promotion employees" contained in the act 80 as to bring within the purview of the definition all sales promotion employees other than persons who are employed in a supervisory capacity and who draw wages exceeding rs 1,600 per month, and persons employed or engaged mainly in a managerial or administrative capacity, and make necessary consequential changes in section 6 of t~ act (~ide clauses 2 and 4 of the bill) 'i 4 with a view to avoiding scope for any doubt or challenge, jt is proposed to avail of the present opportunity to amend seetinn " of the act to cover expressly the various matters relating to earned leave and cash compensation in lieu of earned leave in respect of which rules have been made this amendment is being given retros~ctive effect from the date of the making of the said rules (mde clauses 3 and 5 of the bill) 5 the bill seeks to achieve the above objects new deliu; the 8th auguat, 1985 t anjaiah , clause 5 of the bill seeks to ame~ section 12 of the principal act relating to the power to make rules to provide expressly for the power to make rules with respect to the limit up to which a sales promotion employee may accumulate earned leave, the limit up to which he ~y avail of earned leave at a time, the reasol1s for which such limit may be exceeded and the conditions and rew,ictions subject to which a sales promotion employee may be entitled to cash compensation in lieu of earned leave 'the amendment is proposed to be made with retrospective effect from the 8th day of march, 1976 being the date on which the sale promotion employees ,(conditions of service) rules, 1916 were made the mbttersin respect of which the rules may be made under these powers pertain to matters of detail and the delegation of power involved ll, therefore, of a normal character for the purpose of avoicung a:1y scope of doubt and challenge, it is necuury to live setrospective et!eet to the amen,dment as the, aforementioned rules ot 1~7rcontatn provtliorlt with regard to these matters of snuce)' act, 1976' (11011' 1976) - - - - - z in this act,·uninl the oontext otherwise requires,-- - - - - (d, "sales promotion employee" means any person by whatever name called (including an'· apprentice)" employed or engaged in any °estabuahment for hire or reward to do any work relating to pro-• jilotion of sales or ~ess, or both, an~ " " ~ (0 who draws wages (being wages, not includjng any commission) not exceeding seven hundred and fifty rupees per mensem; or (ii) who had drawn ·wages (being wages, including commission) or commission only, in either case, not exceeding nine thousand rupees in the aggregate in the twelve months immediately preceding the month in which this act applies to such establishment and 'continues to draw such wages or commis-bion, in the aggregate, not exceeding the amount aforesaid ina year, but does not include any such person who is employed or engaged mainly in a managerial or administrative capacity; - - - t __ 4 in addition to such holidays, casual leave or other kinds of leavet ~w as may be prescribed, every sales promotion employee drawing wa (beina wages, not inducting anycommiasion) ajwl be aranted, if 10 nmlullttd ior-- - - - - 12 (1) - - (2) in p81'tieular and without prejudiee to the genf!rallty of th foregoinl power, iuch rules may provide for-- ' (a) the linda of leave that may be granted to a lales }!ttomotidii emyh uncler _tion 4; - - - billfurtiaer to amend·tbe sales promotion employees (concittibdi of&emce) '\ct,19fit - , (!hri t a";chah, mb,''''' of stote'' of t1m ~ibt"y of ltjb ,) | Parliament_bills | 1114cef2-375d-5339-97b8-e0525c0da88d |
bill no 26 of 2013 the compulsory military training bill, 2013 bydr bhola singh, mpa billto make military training compulsory for all able-bodied persons and for matters connected therewithbe it enacted by parliament in the sixty-fourth year of the republic of india as follows:—1 (1) this act may be called the compulsory military training act, 2013(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, appoint2 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 person 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 employedpowers 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 citizens 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 persons and for matters connected therewith————(dr bhola singh, mp)gmgipmrnd—4791ls(s-4)—25-02-2013 | Parliament_bills | ff950431-70c3-5619-aaa8-7796cbfca0fb |
memorandum regarding delegated legislationclause 10 of the bill empowers the central government to make rules for carrying out the purposes of the bill as the rules will relate to matters of detail only and as such the delegation of legislative power is of a normal character | Parliament_bills | 82cc094e-f4ca-5e04-91b9-006089b4d5c5 |
bill no 251 of 2017 the appropriation (no 5) bill, 2017 a billto authorise payment and appropriation of certain further sums from and out of the consolidated fund of india for the services of the financial year 2017-18 be it enacted by parliament in the sixty-eighth year of the republic of india as follows:—short title1 this act may be called the appropriation (no 5) act, 2017issue of rs 66113,34,00,000 out of the consolidated fund of india for the financial year 2017-18appropriationthe schedule(see sections 2 and 3)123sums not exceedingno of voteservices and purposesvotedchargedby parliamenton thetotalconsolidatedfund1department of agriculture, cooperation and farmers'welfare revenue2,00,0002,00,000capital1,00,0001,00,0002department of agricultural research and educationrevenue192,00,00,000192,00,00,0003department of animal husbandry, dairying andfisheries revenue2,00,0002,00,0004atomic energy revenue688,26,00,000688,26,00,000capital278,73,00,000278,73,00,0005ministry of ayurveda, yoga and naturopathy, unani,siddha and homoeopathy (ayush) revenue101,15,00,000101,15,00,000capital28,00,00,00028,00,00,0007department of fertilisers revenue20532,51,00,00020532,51,00,0008department of pharmaceuticals revenue18,35,00,00018,35,00,0009ministry of civil aviation revenue85,22,00,00085,22,00,000capital1,00,0001,00,00011department of commerce revenue1077,52,00,0001077,52,00,000capital59,00,00,00059,00,00,00012department of industrial policy and promotion revenue4,00,0004,00,000capital1,00,0001,00,00013department of posts revenue204,00,00,0003,01,00,000207,01,00,000capital216,00,00,000216,00,00,00014department of telecommunications revenue2,00,0002,00,000capital35,00,00,00035,00,00,00015department of consumer affairs revenue1,00,0001,00,000capital8,50,00,0008,50,00,00016department of food and public distribution revenue3486,99,00,0002,00,0003487,01,00,000capital2,00,0002,00,00017ministry of corporate affairs revenue40,79,00,00040,79,00,00018ministry of culture revenue2,00,0002,00,000capital1,00,0001,00,00019ministry of defence (miscellaneous)capital500,00,00,000500,00,00,00020defence services (revenue) revenue2954,66,00,0002954,66,00,00023ministry of development of north eastern regionrevenue65,00,00,00065,00,00,00024ministry of drinking water and sanitation revenue40,00,00040,00,00026ministry of electronics and informationtechnology revenue1,00,0001,00,000capital1,00,0001,00,00027ministry of environment, forests and climatechange revenue372,03,00,000372,03,00,000capital1,00,0001,00,00028ministry of external affairs revenue1,00,0001,00,000capital2,00,0002,00,00029department of economic affairs revenue36,02,00,00036,02,00,000capital100,03,00,000100,03,00,000| rs | rs | rs ||--------------------|---------------------|---------------|| 1 | 2 | 3 ||------------------------------|-------------------------------------------------------|---------------|| sums not exceeding | | || no | | || of | | || vote | | || services and purposes | voted | charged || by parliament | on the | total || consolidated | | || fund | | || 31 | department of financial services | revenue || | | || 4,00,000 | | || capital | 292,00,00,000 | || | | || 292,00,00,000 | | || 33 | department of revenue | revenue || | | || 43,69,00,000 | | || 34 | direct taxes | capital || | | || 1,00,000 | | || 35 | indirect taxes | revenue || | | || 1210,49,00,000 | | || 36 | indian audit and accounts department | revenue || | | || 85,77,00,000 | | || 39 | pensions | revenue || 95,00,00,000 | | || 6000,00,00,000 | | || 41 | ministry of food processing industries | revenue || | | || 2,00,000 | | || 42 | department of health and family welfare | revenue || | | || 6687,52,00,000 | | || capital | 271,01,00,000 | || | | || 271,01,00,000 | | || 43 | department of health research | revenue || | | || 243,39,00,000 | | || 44 | department of heavy industry | revenue || | | || 1,00,000 | | || 46 | ministry of home affairs | revenue || | | || 4,04,00,000 | | || 47 | cabinet | revenue || | | || 20,00,00,000 | | || 48 | police | revenue || | | || 4292,86,00,000 | | || capital | 1,00,000 | || | | || 1,00,000 | | || 49 | andaman and nicobar islands | revenue || | | || 100,00,00,000 | | || capital | 416,02,00,000 | || | | || 416,02,00,000 | | || 50 | chandigarh | revenue || | | || 62,77,00,000 | | || | capital | 7,00,000 || 317,58,00,000 | | || 317,65,00,000 | | || 52 | daman and diu | revenue || | | || 4,00,000 | | || capital | 20,01,00,000 | || | | || 20,01,00,000 | | || 53 | lakshadweep | revenue || | | || 2,00,000 | | || capital | 9,00,000 | || | | || 9,00,000 | | || 56 | ministry of housing and urban poverty alleviation | revenue || | | || 1,00,000 | | || 57 | department of school education and literacy | revenue || | | || 650,03,00,000 | | || 58 | department of higher education | revenue || | | || 1532,76,00,000 | | || 59 | ministry of information and broadcasting | revenue || | | || 3,00,000 | | || 60 | ministry of labour and employment | revenue || | | || 2,00,000 | | || capital | 1,00,000 | || | | || 1,00,000 | | || 61 | law and justice | revenue || | | || 1,00,000 | | || capital | 46,26,00,000 | || | | || 46,26,00,000 | | || 62 | election commission | revenue || | | || 5,00,00,000 | | || capital | 38,79,00,000 | || | | || 38,79,00,000 | | || c | | || harged | | || — | | || supreme court of india | | || revenue | | || | 8,00,00,000 | || 8,00,00,000 | | || 64 | ministry of micro, small and medium enterprises | revenue || | | || 2,00,000 | | || 65 | ministry of mines | revenue || | | || 47,00,00,000 | | || 66 | ministry of minority affairs | revenue || | | || 4,00,000 | | || 67 | ministry of new and renewable energy | revenue || | | || 1,00,000 | | || 68 | ministry of panchayati raj | revenue || | | || 1,00,000 | | || 69 | ministry of parliamentary affairs | revenue || | | || 50,00,000 | | || 70 | ministry of personnel, public grievances and | || pensions | revenue | 196,67,00,000 || | | || 196,67,00,000 | | || capital | 1,00,000 | || | | || 1,00,000 | | || c | | || harged | | || — | | || central vigilance commission | | || revenue | | || | 3,35,00,000 | || 3,35,00,000 | | || 72 | ministry of petroleum and natural gas | revenue || | | || 3,02,00,000 | | || capital | 300,00,00,000 | || | | || 300,00,00,000 | | || rs | rs | rs || 1 | 2 | 3 ||---------------------------------|-------------------------------------------------------|---------------|| sums not exceeding | | || no | | || of | | || vote | | || services and purposes | voted | charged || by parliament | on the | total || consolidated | | || fund | | || rs | rs | rs || 73 | ministry of planning | revenue || | | || 27,27,00,000 | | || 74 | ministry of power | revenue || | | || 2995,55,00,000 | | || capital | 1,00,000 | || | | || 1,00,000 | | || 78 | secretariat of the vice-president | revenue || | | || 1,28,00,000 | | || c | | || harged | | || — | | || union public service commission | | || revenue | | || | 12,11,00,000 | || 12,11,00,000 | | || 80 | ministry of railways | capital || | | || 1,00,000 | | || 81 | ministry of road transport and highways | revenue || | | || 2,00,000 | | || capital | 1,00,000 | || | | || 1,00,000 | | || 82 | department of rural development | revenue || | | || 8394,59,00,000 | | || 84 | department of science and technology | revenue || | | || 1,00,000 | | || capital | 5,00,00,000 | || | | || 5,00,00,000 | | || 85 | department of biotechnology | revenue || | | || 38,00,00,000 | | || 87 | ministry of shipping | revenue || | | || 2,00,000 | | || 88 | ministry of skill development and entrepreneurship | revenue || | | || 1,00,000 | | || 89 | department of social justice and empowerment | revenue || | | || 1,51,00,000 | | || 90 | department of empowerment of persons with | || disabilities | revenue | 1,00,000 || | | || 1,00,000 | | || 91 | department of space | revenue || | | || 61,78,00,000 | | || capital | 3,40,00,000 | || | | || 3,40,00,000 | | || 94 | ministry of textiles | revenue || | | || 24,25,00,000 | | || capital | 1,00,000 | || | | || 1,00,000 | | || 95 | ministry of tourism | revenue || | | || 1,00,000 | | || 96 | ministry of tribal affairs | revenue || | | || 3,00,00,000 | | || 97 | ministry of urban development | revenue || | | || 50,01,00,000 | | || capital | 86,02,00,000 | || | | || 86,02,00,000 | | || 98 | ministry of water resources, river development | || and ganga rejuvenation | revenue | 330,08,00,000 || | | || 330,08,00,000 | | || capital | 1,00,000 | || | | || 1,00,000 | | || 99 | ministry of women and child development | revenue || | | || 3,00,000 | | || 100 | ministry of youth affairs and sports | revenue || 96,87,00,000 | | || 96,88,00,000 | | || t o ta l : | 65577,40,00,000 | || 535,94,00,000 | | || 66113,34,00,000 | | | 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 for the financial year 2017-18arun jaitley———— president's recommendation under article 117 of the constitution of india————[copy of f no 4(26)-b(sd)/2017, dated 14122017 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 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 2017-18, recommends under article 117(1) and (3) of the constitution, the introduction of the appropriation (no5) bill, 2017 in lok sabha and also the consideration of the bill———— a billto authorise payment and appropriation of certain further sums from and out of the consolidated fund of india for the services of the financial year 2017-18————(shri arun jaitley, minister of finance)gmgipmrnd—2986ls(s3)—19-12-2017 | Parliament_bills | 179321e7-d575-5c3b-bac1-925f487accfc |
biu no 26 of 1988 the tamil nadu appropriation bill, 1988 a billto authorise payment and appropriation of certain further sums from and out of the consolidated fund of th^ state of tamil nadu for the services of the financial year 1987-88be it enacted by parliam ent in the thirty-ninth y ear of the republic of india as follow s:— i1 this act m ay be called the tam il nadu a ppropriation act, 1988 s^ort utle2 from and out of the consolidated fund of the state of tam il 5 nadu there m ay be paid and applied sums not exceeding those specified in colimm 3 of the schedule am ounting in the aggregate to the sum of six hundred and sixty-six crores, eighty-nine lakhs and ninety-three thousand rupees tow ards defraying the several charges which w ill come in course of paym ent during the financial year 1987-88 in respect of the 10 services specified in column 2 of the scheduleissue of rs 666, 89,93,000 from and out of the con solidated fund of the state of tamil nadu for the financial year 1987-88appro- 3 the sum s authorised to be paid and applied from and out of th e priation consolidated f und erf th e s tate of tam il n adu by this a ct shall be appropriated for th e services and purposes expressed in the schedule in relation to the said year23total5no of vote/sums not exceeding/\pkrupriationkjcrvicls duu purpus'voted by parliamentcharged on the consolidated fund10rsrsrs1land revenue departmentrevenue1,2242,0001,22,42,0002state excise departmentrevenue131,00031000153motor vehicles acts— administraticnrevenue1,700001,70,000204general saks taxtnd other taxes and duties—administrstionrevenue12027000z 24,0001,20,51,0005stamps—administrationrevenue68,35,000, ,68,35,0006registrationrevenue34010003401,000debt charges revenue27,59,64,00027,59,64000257state legislaturerevenue38,2200046,0003868,0008elections revenue2,69000002,69,000009head of state, ministers and headquarters staffrevenue1,76,43,00014,25,000190,68,0003010milk supply schemes revenuee46660004666,00011district administratici revenue662,2200024,74,0006,8696,0003512administraticn cf the tamil nadu hindu religious and charitable endowments act, 1959 revenue[10,70,000fl0,70,00013administraticn cf justice revenue90,03,00078,68,0001,68,71,00014jailsrevenue1,98,36,0001,98,36,0004015police revenue16,91,43,0008,31,00016,99,74,00016fire servicesrevenue60,47,00060,47,00017educationrevenue76,74,86,00076,74,86,00018medical ,revenue4,88,92,0007,09,0004,96,01<300services and purposessums not exceedingtotalvoted by parliamentno ofvote/appropriatiodcharged on the consolidated fundrsrsrsr< \ (n 4 public health 194669200046692000rtvt nuc agriculture39056900039049400075fioo20 fisheries revenue 120900001209000021 10revenue animal husbandry221860700018607000revenue 2359276000co-operation 59276000revenue industries243810002434381000revenuecinchona 1009400025100940002615revenue134597000handlocms and textiles13459700010600000khadirevenue271060000028revenuecommunity ekvelcrmcnt ^ojects £nd municipal administration25,46,75,000 2025466100014,000revenue9686800030social welfare9686800031revenue97234000 25welfare of the scheduled tribes and castes, etc 8855700086,7 7 ,0 0 032 18222000 revenuewelfare of the backward classes, etc 18222000 67,19,000revenueurban development 67,19,000341193200027,00035 (civil supplies r cvenue1,19,05,00068142000 3036irrigation revenue6,81,42,0001,84,00,00037public worvr— buildingsre venue1,63,21,00020,79,00014425000 35 7,10,00038public workf— establiflirrnt end tools and plantrevenue1,43,15,0005,0004,00039roads and bridges revenue1,00040135040003jofiooroad transport services and shipping revenue1,31,34,0001401442100041relief on acccunt of natural calamitiesrevenue1,44^1000464431000 42pensions and other retirement benefitsrevenue46,44,31,0002,00043miscellaneous revenue2,000454,30,0001,46,00044stationery and printingrevenue2,84,0003637600045forest department revenue3,63,76,00046compenfaticn end assignments revenue1002,21,000100221000no ofvntp/snh hiittsums not exceedingtotalvoted by parliamentcharged on the consolidated fundappro- 5 priationrsrsrs4710information, tourism and film technology revenue72,7700072,77,00048rural industriesrevenue1,44,2500055,0001,44,80,00049water supply revenue5,0005,00050capital outlay on agriculturecapital53,07,000, ,53,07,00015 51capital outlay on industrial developjnent capital54897,0005,48,97,00052capital outlay on irrigationcapita ]300039,00083,42,00020 53capital outlay on public works— buildingscapital12,00012,00054capital outlay on roads and bridgescapital3000i6,75fioo1678,00025 55capital outlay on road transport services and shippingcapital150150001,50,15,0005730capital outlay on rural industries capital33730003,61,00037 ,34,00058miscellaneous capital outlay capital4,63040004,63,04,00059loans and advances by the state government capital45,50180004550,1800035public debt— repaymentcapital••266,92,34,000266,9234,000t o t a l •3688455,00029s,os,3s,ooo666,89,93000this bill is introduced in pursuance of article 204(1) of the constitution of india read w ith article 205 thereof, and th e proclam ation issued under article 356 of th e c onstitution in respect of th e state of tam il n adu on the 30th january, 1988 to provide fo r the appropriation out of the consolidated fund of the state of tam il n adu of the m oneys required to m eet the supplem entary expenditure charged on th e consolidated fvmd of the state of tam il n adu and the grants m ade by the lok sabha for expenditure of the g overnm ent of tam il nadu, for the financial year 1987-88narain dutt tiw ari presid ent's recommendation under article 207 of the constitution o f ind ia[copy of letter no f 2(30)-b (s) j88 dated 15 m arch, 1988 from shri n arayan d att tiw ari, m inister of finance to the secretary-g eneral lok sabha]t he president, having been inform ed of the subject m atter of the proposed bill to authorise paym ent and appropriation of certain fu rth er sum s from and out of the consolidated p ^nd of the state of tam il n adu for the services of the financial year ending on thie 31st day of m arch, 1988, recom m ends under clauses (1) and (3) of article 207 of th e constitution read w ith clause (2) of article 205 thereof and the proclam ation dated the 30th january, 1988 issued under the article 356, the introduction of th e tam il nadu a ppropriation bill, 1988 in lok sabha and also the consideration of the bill2 the bill w ill be introduced in the lok sabha after all the supplem entary demands for g rants for 1987-88 have been voted a billto authorise paym ent and appropriation of certain fu rth er sum s from and out of the consolidated fund of the state of tam il nadu for the services of the financial year 1987-88(shri narayan datt tiwari, minister of finance) | Parliament_bills | 43e13ff8-6dba-5372-a7d2-91f678696e86 |
bill no xvii of 2013 the north-eastern council (amendment) bill, 2013 a billfurther to amend the north-eastern council act, 1971be it enacted by parliament in the sixty-fourth year of the republic of india as follows:—1 (1) this act may be called the north-eastern council (amendment) act, 2013short title and commencement(2) it shall come into force on such date as the central government may, by notificationin the official gazette, appoint"(iii) two non-official members to be nominated by the president; (iv) one member of the planning commission of india being in charge of the north-eastern region, ex officio"3 after section 3 of the principal act, the following section shall be inserted, namely:—insertion of new section 3a"3a (1) the term of office of members nominated under clause (iii) of sub-section (1) of section 3 shall be three years:5provided that the term of office of such members may be extended for a further period not exceeding two yearsterm of office and other conditions of service of non-official members(2) the allowances or remuneration payable to the members nominated under clause (iii) of sub-section (1) of section 3 shall be such as may be determined by the central government"10amendment of section 44 in section 4 of the principal act, after sub-section (1), the following sub-section shall be inserted, namely:—15"(1a) the council may discuss any matter in which some or all of the states represented in that council, or the union and one or more of the states represented in that council, have a common interest and advise the central government and the government of each state concerned as to the action to be taken on any such matter, and, in particular, may discuss and make recommendations with regard to,—(i) any matter of common interest in the field of economic and social planning;20(ii) any matter concerning inter-state transport and communications; and (iii) any matter relating to power or flood control projects of common interest"amendment of section 6255 in section 6 of the principal act, for the words "the department of development of north-eastern region", the words ''development of north-eastern region" shall be substituted statement of objects and reasonsthe north-eastern council (nec) was set up in 1972 by the north-eastern council act, 1971 for securing balanced and coordinated development and effecting coordination among states of the north-eastern area viz arunachal pradesh, assam, manipur, meghalaya, mizoram, nagaland and tripura the governors and chief ministers of constituent states are members of the council2 the north-eastern council (amendment) act, 2002, inter alia, added sikkim as the eighth member-state of the council; envisaged functioning of the council as a regional planning body for the north-eastern area and provisioned for three members and chairman of the council to be nominated by the president3 the nominated union minister, governors and chief ministers of the constituent states are members of the council as long as they hold the office since establishment of nec, being a statutory body, is of permanent nature, therefore, tenure of nominated members of the council should be specified in the act therefore, the bill, inter alia, seeks inclusion of (a) one member of the planning commission of india, being in charge of the north-eastern region; (b) two non-official members nominated by the president for three years period extendable for a further period not exceeding two years4 second administrative reforms commission, in its 7th report on 'capacity building for conflict resolution,' inter alia, recommended for suitable amendment in the act of 1971, to restore the original 'conflict resolution provision' requiring the council to discuss issues of mutual interest of two or more states in the region and to advise the central government thereon this recommendation was in-principle approved by the group of ministers headed by the then finance minister in the meeting held on 8th december, 2009, nec should be used as forum for discussion on matters of common interest to the region and make recommendations the bill seeks amendment in the act that will enable the council to perform this function5 department of development of north-eastern region was formed in 2001 within ministry of home affairs and subsequently upgraded to full-fledged ministry in 2004 the bill also seeks amendment in the act to that effect6 the bill seeks to acheive the above objectsnew delhi;paban singh ghatowarthe 21st february, 2013 memorandum regarding delegated legislationclause 3 of the bill seeks to insert new section 3a after section 3 of the act;sub-section (2) of which empowers the central government to determine the allowances or remuneration payable to the members nominated under clause (iii) of sub-section (1) of section 3the matters in respect of which the central government may determine 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 north-eastern council act, 1971 (84 of 1971) 3 (1) there shall be a council to be called the north-eastern council which shall consist of the following members, namely:— setting up and composition of the north- eastern council(iii) three members to be nominated by the president 6 in order to assist the council in the discharge of its functions, each of the ministries of the central government dealing with matters relating to defence, finance, home affairs, planning and the department of development of north-eastern region shall nominate an officer to attend the meetings of the councilnomination of certain officers to attend the meetings of the council ————— a billfurther to amend the north-eastern council act, 1971————(shri paban singh ghatowar, mos {i/c} in the ministry of development of north-eastern region and mos in the ministry of parliamentary affairs) | Parliament_bills | 072910f9-bc44-5127-ba66-a36f194ef555 |
memorandum regarding delegated legislationclause 7 of the bill empowers the central government to make rules for carrying out the purposes of this bill the rules will relate to matters of details only the delegation of legislative power is of normal character | Parliament_bills | 44bc121b-afe1-5df7-b2aa-6f54cdda7f0f |
the super profits tax bill, 1963a bill to impose a special tax on certain compllnie • shorttltl~ and extent be it enacted by parliament in the fourteenth year of the republic of india as follows:-1 (1) this act may be called the super profits tax act, 1963 (2) it extends to the whole of india 5 10 4 of 1924 is 43011981 43 of 1961 20 2 in this act, unless the context otherwise requires-deftnition~ (1) "assessee" means a person by whom super profits tax or any other sum of money is payable under this act and includes every person in respect of wh,;m any proceeding under this act has been taken for the assessment of his chargeable profits or of the amount of refund due to him; (2) "assessment" includes re-assessment; (3) "assessment year" means the period of twelve months commencing on the 1st day of april, every year; (4) "board" means the central board of revenue constituted under the central board of revenue act, 1924; (5) "chargeable profits" means the total income of an assessee computed under the income-tax act, 1961 for any previous year or ~ars, as the case may be, and adjusted in accordance with the provisions of the first schedule; (6) "rncome-tax act" means the income-tax act 1961; (7) "prescribed" means prescribed by rules made under this act; (8) "standard deduction" means an amount equal to six per cent of the capital of the company as computed in &£:cordance with the provisions of the second schedule: provided that where the previous year is greater or lea than a period of twelve months, the aforesaid amount of iix per cen5- of the capital shall be increased or decreased proportionately: 1110 (i) ts-i provided further that where an assessee has difterent previous years in respect of his income profits and gains the aforesaid increase or decrease as the case may be shall be calculated with reference to the length of the previous year of the longest duration; and 5 (9) all other words and expressions used herein but not defined and defined in the income-tax act shall have the meanings respectively assigned to them in that act taxautboritiel 3 (1) every director of inspection commissioner of incometax, appellate assistant commissioner of income-tax, inspecting 10 assistant commissioner of income-tax and income-tax officer shall have the like powers and perform the like functions, under this act as he has and performs, under the income-tax act, and for the exercise of his powers and the performance of his functions, his jurisdiction under this act will be the same as that he has under the is income-tax act (2) all officers and persons employed in the execution of this act shall observe and follow the orders, instructions and directions of the board: provided that no such orders instructions or directions shall be 20 given so as to interfere with the discretion of the appellate assistant commissioner in the exerci')e of his appellate functions (3) every income-tax officer, employed in th~ execution of this act, shall observe and follow the orders, instructions and directions issued for his guidance by the director of inspection or by the com- 25 missioner or by the inspecting assistant commissioner under whose jurisdiction he performs his functions 4 subject to the provisions contained in this act, there shall be charged for every assessment year commencing on and from the 1st day of april 1963, a tax (in this act referred to as the super profits 30 tax) in respect of the chargeable profits of the previous year or previous years as the case may be, of every company, at the rate or rates specified in the third schedule returnot ineome 5 (1) in the case of every company whose chargeable profits assessable under this act exceeded during the previous year the 35 amount of standard deduction, its principal officer, or in the case of a - non-resident company if it has no principal officer in india, the person treated as its agent under section 163' of the income-tax act shall furnish a return of the chargeable profits of the company during the previous year in the prescribed form and verified in the prescrib- 40 eel manner and settini forth such other particulars as may be preeertbed, before the 30th day of september of the lae_ent year: lok sabha corrigenda toi the super profits tax bill, 1963 (as introduced in lok sabha) lre-print with line number!7 1 page 5, line 1,-!2!:-"nothwithstanding" read "notwithstanding" 2 page 7, line 8,- for "appeallate" read "appellate" --3 page 15, l~ne 7 from bottom,-!2!: ii counts" read "accounts" new delhi, march 6 1963 ph-alguna 15, 10884 (saka) - provided that on an application made in this beha11, the incometax officer may, in his discretion, extend the date for the furnislainl of the return (2) in the case of any company which in the income-tax officer's s opinion is assessable under this act, the income-tax officer may, before the end of the relevant assessment year, serve a notice upon its principal officer, or in the case of a non-resident company if it has no principal officer in india upon any person who is treated as its agent under section 163 of the income-tax act, requiring him to 10 furnish within thirty days from the date of service of the notice, a return of the company's chargeable profits during the previous year in the prescribed form and verified in the prescribed manner and setting forth such other particulars as may be prescribed: provided that on an application made in this behalf, the income-15 tax officer may, in his discretion extend the date for the furnishing of the return (3) any assessee who has not furnished a return during the time allowed by the income-tax officer under sub-section (1) or subsection (2), or having furnished a return under sub-section (1) or 10 sub-section (2) discovers any omission or wrong statement therein, may furnish a return or a revised return, as the case may be, at any time before the assessment is made 6 (1) for the purposes of making an assessment under this act, ~_ the income-tax officer may serve on any person who has made a menta 25 return under sub-section (1) of section 5 or upon whom a notice has been served under sub-section (2) of section 5 (whether a return has been made or not) a notice requiring him on a date therein to be specified, to produce or cause to be produced such accounts or documents as the income-tax officer may require for the purposes of this 30 act and may from time to time serve further notices requiring the production of such further accounts or documents or other evidence as he may require (2) the income-tax officer, after considering such accounts, documents or evidence, if any, as he has obtained under sub-section 3s (1) and after taking into account any relevant material which he has gathered, shall, by an order in writing, assess the chargeable profits and the amount of the super profits tax payable on the basis of such assessment '7 (1) the income-tax officer, before proceeding to make an assess- provisional 40 ment (in this section referred to as the regular assessment) under ~:~ section 6, may; at any time after the expiry of the period allowed 423 m tt>f fin-2 - under sub-section (1) or sub-seetion (2) of section 5 for the furnishing of the return and whether the return has or has not been furnished, proceed to make in a summary manner a provisional assessment of the chargeable profits and the amount of the super proflts tax payable thereon s (2) before making such provisional assessment, the income-tax officer shall give notice in the prescribed form to the person on whom the provisional assessment is to be made of his intention to do so, and shall with the notice forward a statement of the amount of the proposed assessment, and the said person shall be entitled to deliver 10 to the income-tax officer at any time within fourteen days of the service of the said notice a statement of his objections, if any, to the amount of the proposed assessment (3) on expiry of the said fourteen days from the date of service of the notice referred to in sub-section (2), or earlier, if the assessee 15 agrees to the proposed provisional assessment, the income-tax officer may, after taking into account the objections, if any, made under su1:hection (2), make a provisional assessment, and shall furnish a copy of the order of the assessment to the assessee: provided that assent to the amount of the provisional assessment, 20 or failure to make objection to it, shall in no way prejudice the assessee in relation to the regular assessment (4) there shall be no right of appeal against a provisional assessment made under this section (5) after a regular assessment has been made, any amount paid 25 or deemed to have been paid towards the p'rovisional assessment made under this section shall be deemed to have been paid towards the regular assessment; and where the amount paid or deemed to have been paid towards the provisional assessment exceeds the amount payable under the regular assessment, the excess shall be 30 refunded to the af4sessee 8 if-- (a) the income-tax officer has reason to believe that by reast'n 0' the omission or failure on the part of the assessee to make a return under section 5 for any assessment year or to 35 disclob\! fully and truly all material facts necessary for his "'lident for any assessment year, chargeable profits for that year have escaped assessment or have been under~aasessed or ajseii8ci at too low a rate or have been made the subject of rwl've relief under this act, or , - , b) nothwithstanding that there has been no omiulon ·or failure as mentioned in clause (a) above on the part oftbe assessee, the income-tax officer has in consequence of information in his possession reason to believe that chargeable profits s assessable for any assessment year have escaped assessment or have been under-assessed or assessed at too low a rate or have been the subject of excessive relief under this act, he may, in cases falling under clause (a) at any time, and in cases falling under clause (b) at any time within four years of the end of 10 that assessment year, serve on the assessee a notice containing all or any of the requirements which may be included in a notice under section 5, and may proceed to assess or re-assess the amount chargeable to super profits tax, and the provisions of this act shall, so far as may be, apply as if the notice were a notice issued under that i'section t if the income-tax officer, in the course of any proceedings penalut& under this act, is satisfied that any person has, without reasonable cause, failed to furnish the return required under section 5, or to produce or cause to be produced the documents, accounts or other ~o evidence required by the income-tax officer under sub-section (1) of section 6, or has concealed the particulars of the chargeable profits or has deliberately furnished inaccurate particulars of such profits, he may direct that such person shall pay, by way of penalty, in addition to the amount of super profits tax payable, a sum not 25 exceeding-(a) where the person has failed to furnish the return required under section 5, the amount of super profits tax payable; (b) in any other case, the amount of super profits tax which would have been avoided if the return made had been accepted 30 as correct: provided that the income-tax officer shall not impose any penalty under this section without the previous authority of the inspecting assistant commissioner 10 no order imposing· a penalty under section 9 shall be made ~pportu-35 unless the assessee has been given a reasonable opportunity of being ~\~f heard heard 11 (1) any person objecting to the amount of super profits tax appeals for which he is liable as assessed by the income-tax officer or deny- ~p~!late ing his liability to be assessed under this act, or objecting to any acssistan i t onvn s-,0 penalty or fine imposed by the income-tax oftlcer, or to the amount sioner allowed by the income-tax officer by way of any relief under any - provisions of this act, or to any refusal by the incom~tax omcer to grant relief or to an order of rectification or amendment having the effect of enhancing the assessment or reducing the refund, or to an order refusing to allow the claim made by the assessee for a rectiftcation under section 13 or amendment under section 14 may , appeal to the appellate assistant commissioner (2) every appeal shall be in the prescribed form and shall be verified in the prescribed manner (3) an appeal shall be presented within thirty days of the following date that is to say-10 (a) where the appeal relates to assessment or penalty or fine, the date of service of the notice of demand relating to the assessment or penalty or fine, or (b) in any other case the date on which the intimation of the order sought to be appealed against is served: is provided that the appellate assistant commissioner may admit an appeal after the expiration of the said period if he is satisfied that the appellant had sujrcient cause for not presenting it within that period (4) the appellate assistant commissioner shall hear and deter- 20 mine the appeal and, subject to the provisions of this act, pass such orders as he thinks fit and such orders may include an order enhan--cing the assessment or a penalty: provided that an order enhancing an assessment or a penalty shall not be made unless the person affected thereby has been given a 25 reasonable opportunity of showing cause against such enhancement (5) the procedure to be adopted in the hearing and determination of the appeals shall, with any necessary modification, be in accordance with the procedure applicable in relation to income-tax appeals to 12 (1) any assessee aggrieved by an order passed by a com- 30 appellate missioner unde!" section 15, or an order passed by an appellate tribunal assistant commissioner under any provisions of this act, may appeal to the appellate tribunal against such order - (2) the commissioner may, if he objects to any order passed by the appellate assistant commissioner under any 'provisions of 3s this act, direct the income-tax officer to appeal to the appellate tribunal against the order (3) every appeal under sub-section (1) or sub-section (2) shall be filed within sixty days of the date on which the order sought to be appealed against is communicated to the assessee ~r to the commissioner, as the case may be ,,40 (4) the idcome-tax officer or the assessee, as the case may be, on receipt of notice that an appeal against the order of the appellate assistant commissioner has been preferred under sub-section (1) or sub-section (2) by the other party may, notwithstanding that he , may not have appealed against such order or any part thereof, within thirty days of the receipt of the notice, file a memorandum of cross-objections, verified in the prescribed manner, against any part of the order of the appeallate assistant commissioner, and such memorandum shall be disposed of by the appellate tribunal as if it 10 were an appeal presented within the time specified in sub-section (3) (5) the appellate tribunal may admit an appeal or permit the filing of a memorandum of cross-objections after the expiry of the relevant period referred to in sub-section (3) or sub-section (4), if is it is satisfied that there was sufficient cause for not presenting it within that period (6) an appeal to the appellate tribunal shall be in the prescribed form and shall be verified in the prescribed manner and, shall, except in the case of an appeal referred to in sub-section (2) or a 20 memorandum of cross-objections referred to in sub-section (4), be accompanied by a fee of rupees one hundred (7) subject to the provisions of this act, in hearing and making an order on any appeal under this section, the appellate tribunal shall exercise the same powers and follow the same procedure as it 2s exercises and follows in hearing and making an order on any appeal under the income-tax act 13 (1) with a view to rectifying any mistake apparent from the reetiflcarecord, the commissioner, the income-tax officer, the appellate ~~:es assistant commissioner and the appellate tribunal may, of his, or 30 its, own motion or on an application by the assessee in this behalf, amend any order passed by him or it in any proceeding under this act within four years of the date on which such order was passed (2) an amendment which has the effect of enhancing the assessment or reducing a refund or otherwise increasing the liability of 3s the assessee shall not be made under this section unless the authority concerned has given notice to the assessee of its intention so to do and has allowed the assessee a reasonable opportunity of being heard ' i '!'ii" (3) whj!re an amendment is made under this secti9n, the order 40 shall be passed in writing by the authority concerned (4) subject to the other provisions of this act, where any such amendment has the effect of reducing the assessment, the incometax officer slvtll make any refund which may be due to such asam,," - (5) where any such amendment has the effect of enhancing the assessment or reducing the refund already made, the income-tax officer shall serve on the assessee a notice of demand in the prescribed form specifying the sum payable other amendments 14 where as a result of any order made under section 154 or s section 155 of the income-tax act, it is necessary to recompute the chargeable profits determined in any assessment under this act, the income-tax officer may proceed to recompute the chargeable profits, and determine the super profits tax payable or refundable on the basis of such recomputation and make the necessary amendment and 10 the provisions of se;ction 13 shall, so far as may be, apply thereto, the period of four years specified in sub-section (1) of that section being reckoned from the date of the order passed under the aforesaid sections of the income-tax act revision 15 (1) the commissioner may call for and examine the record ij ~::~~al of any proceeding under this act, if he considers tdat any order to revenue passed therein by the income-tax officer is erroneous in so far as it is prejudicial to the interests of the revenue, he may, after giving the assessee an opportunity of being heard and after making or causing to be made such inquiry as he deems necessary, pass such 20 order thereon as the circumstances of the case justify, including an order enhancing or modifying the assessment, or cancelling the assessment and directing a fresh assessment (2) no order shall be made under sub-section (1)-(a) to revise an order of re-assessment made under section 25 8, or (b) after the expiry of two years from the date of the order sought to be revised (3) notwithstanding anything contained in sub-section (2), an order in revision under this section may be passed at any time in 30 the case of an order which has been passed in consequence of, or to give effect to, any finding or direction contained in an order of the appellate tribunal, the high court or the supreme court ezplanati011-in computing the period of limitation for the purposes of sub-section (2), any period during which any proceeding 35 under this section is stayed by an order or' injunction of any court shall be excluded revision of 16 (1) the commissioner may, either of his own motion or on ~:::~ an appucation by the assessee for revision, call for the record of any ilone: proceeclini under this act which has been taken by an income-tax_ offt~r or appellate assistant commissioner subordinate to him and may make such inquiry or cause such inquiry to be made anct subject to the provisions of this act, may pass such orders thereon not being an order prejudicial to the assessee, as he thinks fit (2) the commissioner shall not of his own motion revise any s order u!lder this section if the order has been made more than one year previously (3) in the case of a{l application for revision under this section by the assessee, the application shall be made within one year from the date on which the order in question was communicated t9 him 10 or the date on which he otherwise came to know of it, whichever 'is earlier: provided that the commissioner may, if he is satisfied that the assessee was prevented by sufficient cause from making the appli cation within that period, admit an application made after the expiry is of that period (4) the commissioner shall not revise any order under this section in the following cases--(a) where an appeal against the order lies to the appellate assistant commissioner or to the appellate tribunal but hu ao not been made and the time within which such appeal may be made has not expired, or, in the case of an appeal to the appellate tribunal, the assessee has not waived his right of appeai; or (b) where the order is pending on an appeal before the appellate assistant commissioner; or 25 (c) where the order has been made the subject of an appeal to the appellate tribunal (5) every application by an assessee for revision under this section shall be accompanied by a fee of twenty·five rupees explanation i-an order by the commissioner declining to 30 interfere shall, for the purposes of this section, be deemed not to be an order prejudicial to the assessee explanation 2-for the purposes of this section, the' appellate assistant commissioner shall be deemed to be an authority subordinate to the commissioner 35 17 the provisions of the following sections and schedules of the app1ica--incometax act shall apply with such modifications, if any, as may up of d " i be prescribed, as if the sai provisions were provls ons 0 f tho a t provlalodl 18 c of acui and referred to super profits tax instead of income-tax:-of u8l 2 (4!), 131 to 138 (both inclusive), 140, 156, 180, 161, 162, 163, 40 166, 167, 170 173, 175, 176, 178, 179, 220 to 229 (both incluaive), 3780 (b)ls-2 231, 232, 233, 237 to 245 (both inclusive), 254 'to 262 (both inclusive), 265 to 269 (both inclusive), 281, 282, 284, 286 to 293 (both inclusive), the second schedule and the third schedule: provided that references in the said provisions to the uassessee" shall be construed as referei)ces to an assessee as s defined in this act income-to: 18 (1) notwithstanding anything contained in the income-tax c:~;:il~ aet, all information contained in any statement or return made or able for furnished under the provisions of that act or obtained or collected the purposes of for the purposes of that act may be used for the purposes of this act 10 this act (2) all information contained in any statement or return made or furnished under the provisions of this act or obtained or collected for the purposes of this act may be used for the purposes of the income-tax act failure to deliver returns, etc 19 if any person fails without reasonable cause to furnish in due is time any return under section 5 or to produce, or cause to be produced, any accounts or documents required to be produced under section 6, he shall be punishable with fine which may extend to five hundred rupees, and with a further fine which may extend to ten rupees for every day during which the default continues 20 false 20 if a person makes in any return required under section 5, any statements statement which is false, and which he either knows or believes to be false, or does not believe to be true, he shall be punishable with simple imprisonment which may extend to ~ months, or with fine which may extend to one thousand rupees, or with both 2s abetment of false returns, etc 21 if a person 'makes or induces in any manner another person to make and deliver any account, statement or declaration relating to chargeable profits liable to super profits tax which is false and which he either mows to be false or does not believe to be true, he shall be punishable with simple imprisonment which may extend to six 30 months, or with fine which may extend to one thousand rupees, or with both institution 22 (1) a person shall not be proceeded against for an offence of proceed under section 19 or se~tion 20 or section 21 or under the indian penal ~=~~ code except at the instance of the commissioner 3s lion of ofteneet (2) the comrrrissioner may, either before or after the institution of proceedings, compound any offence punishable undf section 18 or section 20 or sf!(tion 21 ~ if the eentral government considers it necessary or expedient power to io to do for avoiding any hardship or anomaly or removing any :~~ptlon, difficulty that may arise as a result of the application of this act, to etc, ~ the union territories of dadra and nagar haveli, goa, daman and ~:~\~ to $ diu and pondicherry, the central government may, by general or uni'?ton - 'i d ak t' d' th difi terri nee specla or er, mean exemp lon, re uctlon in rate or 0 er mo ' ~ cation in respect of super profits tax in favour of any class of assessees or in regard to the whole or any part of the chargeable profits of any class of assessees, 10 24, (l) the board may, subject to the control of the central power to government, by notification in the official gazette, make rules for ma1ke ru es carrying out the purposes of this act (2) in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the follow· 1 s ing matters:-(a) the' form in which returns under section 5 may be furnished and the manner in which they may be verified; (b) the form in which notice for making provisional assessment shall be given; 20 (c) the form in which appeals under section 11 or section 12 may be filed and the manner in which they shall be verified; (d) the procedure to be followed on applications for rectification of mistakes and applications for refunds; (e) any other matter which by this act is to be, or may be, 25 prescribed (3) the central government shall cause every rule made under this section to 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 30 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, that rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however that 35 any such modification or annulment shall be without prejudice to the validity of an~thing previously done under that rule 25 nothing contained in this act shall apply to any company savini which has no ~are capital - the first schedule[see section 2 (5)] , rules for computing the chargeable profits td computing the charg~able profits of a previous year, the total income computed for that year under the income-l ax act shall be 5 adjusted as follows:-1 income, profits and gains falling within the following subrules shall be excluded from such total income, namely:-(i) any income chargeable under the income-tax act under the head "capital gains"; 10 (ii) any compensation or other payment as is referred to in clause (ii) of section 28 of the income-tax act; (iii) profits of any business of life insurance 2 on the balance of the total income, income-tax and supertax shall be calculated at the rates in force in the financial year, is as if such income had been the total income no portion of which had been exempt from the payment of income-tax or super-tax and on no portion of which any deduction of income-tax or supertax had been admissible under any provisions of the income-tax act or the annual finance act; and the tax so calculated shall be 20 deducted from the amount of the income aforesaid 3 the net amount of income calculated in accordance with rule 2 shall be increased by any expenditure incurred on account of commission, entertainment and advertisement, to the extent such expenditure, in the opinion of the income-tax ofticer, is 25 excessive having regard to the circumstances of the cue: provided that the previous authority of the idspecting assistant commissioner is obt:iined for holding such expenditure to be excessive the second schedule [see aection 2(8)1 rull's for computinc the capital or a company for th&purposes of super profits tax 1 subject to· the other provisions contained in this schedule, the capital of a company shall be the sum of the amounts, as on the first 3s day of the previous year relevant to the assessment srear, of its paid up share capital and of its reserves in so far as the amounta credited thereto have not been allowed in computing its profits for the purposes 41 011861 of the indja~ income-tax act, 1922 or the income-tax act, 1961 diminished by the amount by which the cost to it of the asset; the income from which in accord~ce with the first schedule l not includible in its chargeable profits exceeds any money borrowed by 5 itwhieh remains outstanding expztl:nation 1-a paid up share capital or reserve brought into existence by creating or increasing (by revaluation or otherwl:e) any book asset is not c:1pital for computing the capital of a company for the purposes of this act 10 explanation 2-any premium received in cash by the company on the issue of its shares standing to the credit of the share premium account shall be regarded as forming part of its paid up share capital 2 where aiter the first day of the previous year relevant to the assessment year, the paid up share capital of a company is increased j 5 or reduced by any amount during that previous year, the capital computed in accordance with rule 1 shall be increased or decreased, as the case may he, by a portion of that amount which is proportional to the portion of the previous year during which the increase or the reduction of the paid up share capital remained effective 20 3 where a part of the income, profits and gains of a company are not includible in its total income as computed under the income-tax act, its capital shall be the sum ascertained in accordance with rules 1 and 2, diminished by an amount which bears to that sum the same proportion as the amount of the aforesaid income, profits and gains 25 bears to the total amount of its income, profits and gains the third schedule (see section 4) rates or super profits taxsuper profits tax shall be charged on the amount by which the 30 charges,ble profits exceed the amount of the standard deduction, at the following rates, namely:-50% (i) on an amount equal to four per cent of the amount of capital as computed in accordance with the second schedule (u) on the balance 3s ~tatemen'i' of objects and rtas6nsthe object of this bill is to impose a special tax on certain companieson their income and profits as reduced by the income-tax and super-tax chargeable thereon, in so far as such reduced amount exceeds six per cent of their capital the notes on clauses explain the various provisions contained in the bill new delhi; morarji desai the 28th february, 1963 - notes on clausel clause 2 contains definitions of the various terms and expressions used in the clauses of the bill sub-clause (5) defines 'chargeable profits' to mean the total income of the assessee for the previous year relevant to the assessment year as computed under the income-tax act, 1961 and adjusted in accordance with the provisions of the first schedule sub-clause (8) defines the term 'standard deduction' to mean an amount equal to six per cent of the capital of the company as computed in accordance with the second schedule and adjusted in relation to the length of the previous year sub-clause (9) says in general that all words and expressions used in the bill but not defined therein and defined in the incometax act, 1961 shall have the same meanings as in that act clause 3 seeks to give jurisdiction to the same authorities as have jurisdiction under the income-tax act, 1961 clause 4 seeks to provide for the charging of super-prqfits tax for the assessment year 1963-64 and subsequent assessment years on the chargeable profits of every company during the previous year or years at the rate or rates specified in the third schedule clause 5-sub-clause (1) seeks to impose a liability on the principal officer of every company, or in the case of a non-resident company if it has no principal officer in india, the person treated as its agent under section 163 of the income-tax act, 1961 tet furnish a return of the chargeable profits of the company l~y the 30th day of september of the relevant assessment year sub-clause (2) seeks to enable the- income-tax officer to issue a notice requiring the filing of a return lr the chargeable profits within thirty days from the date of service of the notice under both the sub-clauses, the income-tax officer has been 81lthorised to extend the time for furnishing the return clause 6 provides that the income-tax officer may call for !counts, documents or other evidence from the assessee for the purpose of his assessment, and shall make the assessment after considering all the material so obtained h y him clause 7 enables the income-tax officer to make a provisional assessment of the chargeable profits of the assessee at any time after the expiry of the period allowed for filing a return subject to the tl8\le of ~ 1" days' llotice to him inviting his ob1ections, if any, tq - the proposed assessment it has been provided that "here shall be no right of appeal against such a provisional assessment and that the tax paid on the provisional assessment shall be deemed to have been paid towards the regular assessment clause 8 relates to the assessment or re-assessment of chargeable profits which have escaped assessment or have been under-abbessed etc this provides that in the case of omission or failure on the part of the assessee to file a return or to disclose fully and truly all the materials necessary for his assessment, such procet'dings may be initiated at any time, and in other cases within four years of the end of the relevant assessment year czause 9 relates to the imposition of penalties for the assessee's failure without reasonable cause to furnish a return of his chargeable profits or to produce th~· accounts, documents or evidence required by the income-tax officer, and for any concealment or deliberate furnishing of inaccurate particulars of his chargeable profits clause 10 provides that the assessee shall be given a reasonable opportunity of being heard before any penalty under clause 9 is imposed upon him clause 11 relates to appeals by the assessees to the appellate assistant commissioner against any order passed by the income-tax oftlcer the provisions in this clause are on the lines of the corresponding provisions in the income-tax act, 1961 clause 12 relates to appeals to the appellate tribunal by assessees or by the income-tax officer under the directions of the commissioner against any order made by the appellate assistant commissioner it has been provided that in disposing of such appeals, the tribunalshall exercise the same powers and follow the same' procedure as it exercises and follows in disposing of any appeal under the income-tax act, 1961 clause 13 provides for the rectification of mistakes apparent from the record of any proceedings by the commissioner, the incometa:, officer, the appellate assistant commissioner and the appellate tribunal, suo motu or at the instance of the assessee, within four years of the date on which the order sought to be rectified has been passed the provisions in this clause are on the lines of the ~orre ponding provisions of the income-tax act, 1961 clause 14 seeks to enable the income-tax officer to re-compute the chargeable profits of the assessee in consequence of any order of rectification or amendment passed by him under section 154 or section 155 of the income-tax act, 1961, ·in relation to the relevant income-tax assessment of the assessee, within four years from the date of the latter order clause 15 enables the commissioner to revise any orden passed by the income-tax officer which are prejudicial to r1!venue, within - a period of tw() yeats from the date of the order sought to be revised this provision corresponds to section 263 of the income-tax act, 1961 clause 16 enables the commissioner to give relief to the assessee on revision of any orders passed by the lncome-tax officer or the appellate assistant commissioner subordinate to him, either of his own motion or on an application by the assessee the provlslons in this clause correspond to the provisions in section 264 of the income-tax act, 1961 clause 17 seeks to make applicable to the proceedings relatma to super-profits tax, certain provisions of the income-tax act, 1961, pertaining to various matters for which no separate provision has been made in the bill, eg, issue and service of notice of demand, recovery of arrear tax dues, assessment proceedings against nonresidents through an agent, liability of directors of private companies in liquidation, reference to high court, appeal to the supreme court, etc clause 18 provides that all information contained in any statement or returns made by the assessee or furnished in any proceeding under the income-tax act, 1961, may be used for the purposes of proceedings relating to the super-profits tax and vice-versa clauses 19 to 22 (both inclusive) relate to prosecution for various offences by way of failure to deliver returns without any reasonable cause, making of false statements, abetment of false returns, and composition of such offences these provisions substantially correspond to the relevant provisions in the income-tax act, 1961 - clause 23 seeks to enable the central government to make an exemption, reduction in rate or other modification in respect of super-profits tax in favour of any class of assessees or in regard to the whole or any part of the chargeable profits of any class of assessees in order to remove any difficulty or avoid any hardship that may arise as a result of application of super-profits tax to the union territories of dadra and nagar haveli, goa, daman and diu and pondicherry clause 24 seeks to enable the central board of revenue to make rules for carrying out the purposes of this enactment clause 25 seeks to exclude companies which have no share capital from the purview of super-profits tax the first schedule lays down rules for computing the chargeable profits the second schedule lays down rules for computing the capital of a company for_the purposes of super-profits tax the third schedule lays down the rates at which super-profits tax are sought to be levied on chargeable profits exceeding the amount of the standard deduction 2780 (b) js,8 financial memorandum the bill seeks to impose a new tax on all companies other thlj'l companies having no share capital this tax will be administered by the income-tax department but its proceedings relating to assessment, collection and revision and appeals will be separate from that of income-tax the administration of this tax will, therefore, necessitate the employment of some additional staff the expenditure on account of additional staff together with incidental expenses on administration is estimated at about rs 4 lakhs requirement of personnel and financeannual emolwnents no coat ri i of~'-1 conunissioner of income-tax z00400 lxrs zo400 assistant conunissioners 43,aoo 3xrs 14400 3 13 income-tax officers (ci i) 64,800 iaxrs 5400 ii sf(~l/-inspectors 11,520 4xrs a880 4 supervisors 8 8xrs 4,320 34,560 al,ooo headclcrks 7xrs 3,000 7 4xrs 1800 7,200 4 stenographers - upper division clerks 90,000 50 xrs 1,800 50 20,160 stenotypist» ia i2xrs 1680 lower division clerks 18 18xrs 1,500 27000 iii incidnral,lrp'rus-iucijenl81 expenses including cla •• iv staff 50000 total - or,s8y 3,90,000 mtmorandum regarding delegated legislationclause 24 empowers the board to make rules for carrying out the purposes of the act the matters in respect of which such rules may be made pertain to the form in which returns under section 5 may be furnished, the form in wh~ch notice for making provisional assessment shall be given, the form in which appeals under the act may be filed and the procedure that may be followed on application for rectification of mistakes and application for refunds the matters in respect of which rules will be made are matters of procedure, form or detail the delegation of legislative ,power is, therefore, of a normal character billto impose a special tax on certain companies the president has, in pursuance of clauses (i) and (3) of article 117 of the constitution of india, recommended to the lok sabha, the introduction and consideration of the bill m n kaul, secretary (shri m orar;; desai, minister 0/ fii'iijj'ic4) - | Parliament_bills | b0fab05f-db55-569c-bcaf-566eedfeb833 |
-::-~~ "'::,< 8m no 81 or i"',; the appropriation (no s) bill, 1966 a billto prooide far the 4uthoris4tim1 of appt"opriaeion of monev oiic" at the consolicfgted fund of indt4 to meet the citiioi&_ ij)e7it " certtjin service,' during the financial yeat ended or tm 311t dav of march, 1964 in ezcebb of ifhe amounts gnuated fat thou aermea tmd for 'that yetif' b& it enacted by parliameat in the se,eateeath year of the· republic of india as follows:-1 1'hia act may be called the appropriation (no5) act, 196& at tiik ~ of 2 from and out of the consolidated fund of india, the sums spe-7,d'1,05,410 cifled in column 3 of the schedule amounting in the aggregate to the out of the sum of seven crores, ninety-seven lakhs, five thousand, four hundred consoliand ten rupees shall be deemed to have been authorised to be paid and dated applied to meet the amount spent for defraying the charges in res-s ~~a peet of the services specified in column 2 of the schedule during the to meet financlal year ended on the 31st day of march, 1964, in excess of the certain amounts granted for those services and for that year excess expenditure for the year ended on the 31st mareb, 19m appro-3 the sums deemed to have ibeen authorised to be paid and priation applied from and out, of the consolidated fund of india under this 10 act shall be deemed to have been appropriated for the services and purposes expressed in the schedule in relation to the financial year lidded on the 31st day of march 1964 2 3 servica mel purpoiei' (s, sections 2 and 3) - --_- --------- ---------------------i i n:l 5 of: voto bxcesa - vead ~ i ponioo portiod total i ra its ri commcrciai·jnrelli slatiatic:a 4 1,66,390 · 1,6c!,3~ 10 6 ministry of community development and ccm>pcraticm - - 4s,814 4,,114 7 , 1,22,190 1"u,l9o 4044,24,]63 4044024363 is 9 31 ~53 4t2s3 13po,s78 13soot578 26 s,,4b,807 5048807 community development natioaal bztedaicm sayice projccta, and co- epl ' t" , ~ : " , · defence semc:ee-eft'ec:tive · · dadra and napr haveli an:a · - · union excise duties · stamp' · · planning commi!8ion 37 38,134 · 38124 20 42 10,93725 · i 1093725 1815 1,985 72 80 1,m~44 rld~44 siia7i · ~i %,69449 :z,69m9 agriculture · · · · chid idspector of mina-· · · other revenue bxpcnditure of the ministry of mines idd fuel · · ~ · · - · o=dtraf lbd pancf · · · ~ national hi&j\wbys) i is,· , 1 1,,820479 i , ' 4832,006 t · 41,]2,006 )10457 310457 'y' i aviation ii works 10"2 i puh c i 1:11 i capital outlay on minta i 188 66 r81 · i 1,157 124 other capital outlay of the ministry of finance 139 capital outlay on roida 9,344 i 9344 i 70,17,18, 7017,185 - i 12,740701 ~ 12,740701 delhi capital outlay sta tement of objects and reasonsthis bill is introduced in pursuance of article 114 (1) of the cod-stitution of india read with article 115 thereof, to provide for the, appropriation out of the consolidated fund of india of the money required to meet the expenditure incurred in excess of the appropriations charged on the fund and the grants made by the lok sabha for expenditure of the central' government, excluding railways, for the financial year ended on the 31st day of march, 1964 sacidndra chaudpiu1u president's recommendation under article 117 of the constitution of india -[copy of letter no f5(2)-b/66, dated the 1st november, ibm from shri sachindra chaudhuri minister of finance to the secretary, lok sabha] the president having been informed of the subject matter·ot the·· proposed bill to provide for the authorisation of appropriation, of moneys out of the consolidated fund of india to meet' the amountt -spent on certain ekrvices during the financial year eildect on the31at day of march 1964, in excess of the amounts granted for the id services and for that year recommends under claus (1) and (3) of article 117 of the constitution read with sub-clause (2) ·of article 115 thereof, the introduction of the appropriation (no5) bill, 1966, in the lok sabha and also recommends t the lok sabha the consideration of the bill a biilto provide for the authorisation of appropriation of moneys out of the consolidated fund of india to meet the amounts spent on certain services during the financial year ended on the 3 i st day of march, 1964 in excess of the amounts granted for those services and for that year (shn· sachindra chaudhuri, minister 0/ finance) | Parliament_bills | cc34f6b5-fbc2-5220-8d4c-8fe4573f3698 |
bill no 44 of 2017 the appropriation bill, 2017 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 2017-18 be it enacted by parliament in the sixty-eighth year of the republic of india as follows:—short title1 this act may be called the appropriation act, 201752 from and out of the consolidated fund of india there may be paid and applied sums not exceeding those specified in column 3 of the schedule amounting in the aggregate to the sum of seventy-nine lakh sixty-seven thousand five hundred thirty-six crore and ninety-nine lakh rupees towards defraying the several charges which will come in the course of payment during the financial year 2017-18 in respect of the services specified in column 2 of the scheduleissue of rs 7967536, 99,00,000 out of the consolidated fund of india for the financial year 2017-18appropriation4 references to ministries or departments in the schedule are to such ministries or departments as existing immediately before the 9th january, 2017 and shall, on or after that date, be construed as references to the appropriate ministries or departments as reconstituted from time to timeconstruction of references to ministries and departments in the schedulethe schedule(see sections 2, 3 and 4)123sums not exceedingno of voteservices and purposesvotedchargedby parliamenton thetotalconsolidatedfund rs rs rs1department of agriculture,cooperation and farmers' welfare…………………………………revenue52575,57,00,000 52575,57,00,000capital79,43,00,000 79,43,00,0002department of agricultural research andeducation ……………………………………… revenue6800,00,00,000 6800,00,00,0003department of animal husbandry, dairying and fisheries…………………………………… revenue2877,48,00,000 2877,48,00,000capital43,52,00,000 43,52,00,0004atomic energy………………………………… revenue13109,36,00,0001,00,00,00013110,36,00,000capital6505,58,00,00050,00,0006506,08,00,0005ministry of ayurveda, yoga and naturopathy,unani, siddha and homoeopathy (ayush) revenue1425,35,00,000 1425,35,00,000capital3,30,00,000 3,30,00,0006department of chemicals and petrochemicals revenue273,39,00,000 273,39,00,000capital24,61,00,000 24,61,00,0007department of fertilisers……………………… revenue74264,67,00,000 74264,67,00,000capital4,00,000 4,00,0008department of pharmaceuticals revenue247,68,00,000 247,68,00,000capital6,00,000 6,00,0009ministry of civil aviation……………………… revenue781,34,00,000 781,34,00,000capital1920,70,00,000 1920,70,00,00010ministry of coal………………………………… revenue745,10,00,000 745,10,00,000capital700,00,00,000 700,00,00,00011department of commerce…………………… revenue4314,55,00,0006,00,0004314,61,00,000capital151,22,00,000 151,22,00,00012department of industrial policy and promotion revenue3599,19,00,000 3599,19,00,000capital9,68,00,000 9,68,00,00013department of posts revenue25057,61,00,00060,00,00025058,21,00,000capital495,00,00,000 495,00,00,00014department of telecommunications………… revenue35192,65,00,000 35192,65,00,000capital3386,00,00,000 3386,00,00,00015department of consumer affairs revenue3723,10,00,000 3723,10,00,000capital21,35,00,000 21,35,00,00016department of food and public distribution revenue150952,64,00,000 150952,64,00,000capital50523,05,00,000 50523,05,00,00017ministry of corporate affairs………………… revenue478,54,00,000 478,54,00,000capital29,50,00,000 29,50,00,00018ministry of culture……………………………… revenue2661,79,00,000 2661,79,00,000capital76,68,00,000 76,68,00,00019ministry of defence (misc)……………………………revenue27743,95,00,00076,00,00027744,71,00,000capital5488,69,00,00035,00,00,0005523,69,00,00020defence services (revenue)…………………… revenue195309,04,00,000107,34,00,000195416,38,00,00021capital outlay on defence services………… capital86339,95,00,000148,06,00,00086488,01,00,00022defence pensions……………………………… revenue85737,31,00,0002,69,00,00085740,00,00,00023ministry of development of north easternregion…………………………………………… revenue2084,45,00,000 2084,45,00,000capital708,00,00,000 708,00,00,000| 1 | 2 | 3 ||--------------------------------------|-----------------------------------------------------|-----------------|| sums not exceeding | | || no | | || of | | || vote | | || services and purposes | voted | charged || by parliament | on the | total || consolidated | | || fund | | || rs | rs | rs || 24 | ministry of drinking water and sanitation…… revenue | 32333,06,00,000 || | | || 32333,06,00,000 | | || 25 | ministry of earth sciences…………………… revenue | 1608,44,00,000 || | | || 1608,44,00,000 | | || capital | 115,00,00,000 | || | | || 115,00,00,000 | | || 26 | ministry of electronics and information | || technology……………………………………… revenue | 3690,00,00,000 | || | | || 3690,00,00,000 | | || capital | 349,00,00,000 | || | | || 349,00,00,000 | | || 27 | ministry of environment, forests and revenue | 4002,69,00,000 || | | || 4002,69,00,000 | | || climate change | capital | 40,03,00,000 || | | || 40,03,00,000 | | || 28 | ministry of external affairs…………………… revenue | 12648,26,00,000 || 3,00,000 | | || 12648,29,00,000 | | || capital | 2150,26,00,000 | || | | || 2150,26,00,000 | | || 29 | department of economic affairs……………… revenue | 4302,79,00,000 || | | || 4302,79,00,000 | | || capital | 11153,05,00,000 | || | | || 11153,05,00,000 | | || 30 | department of expenditure…………………… revenue | 480,00,00,000 || | | || 480,00,00,000 | | || 31 | department of financial services……………… revenue | 2731,99,00,000 || | | || 2731,99,00,000 | | || capital | 16886,02,00,000 | || | | || 16886,02,00,000 | | || 32 | department of investment and public asset | || management (dipam)………………………… revenue | 44,00,00,000 | || | | || 44,00,00,000 | | || 33 | department of revenue ……………………… revenue | 834,83,00,000 || 2,00,000 | | || 834,85,00,000 | | || capital | 2,43,00,000 | || | | || 2,43,00,000 | | || 34 | direct taxes ………………………………… revenue | 5881,85,00,000 || | | || 5881,85,00,000 | | || capital | | || 228,79,00,000 | | || | | || 228,79,00,000 | | || 35 | indirect taxes ………………………………… revenue | 5861,44,00,000 || 50,00,000 | | || 5861,94,00,000 | | || capital | 228,07,00,000 | || | | || 228,07,00,000 | | || 36 | indian audit and accounts department ……… revenue | 4163,03,00,000 || 146,54,00,000 | | || 4309,57,00,000 | | || capital | 12,67,00,000 | || | | || 12,67,00,000 | | || c | | || harged | | || — | | || interest payments | | || …………… revenue | | || | 538078,39,00,000 | || 538078,39,00,000 | | || c | | || harged | | || — | | || repayment of debts | | || ………… capital | | || | 5085304,76,00,000 | || 5085304,76,00,000 | | || 39 | pension ………………………………………… revenue | 34990,00,00,000 || 180,00,00,000 | | || 35170,00,00,000 | | || 40 | transfer to states……………………………… revenue | 35500,00,00,000 || 103101,38,00,000 | | || 138601,38,00,000 | | || capital | | || | 18600,00,00,000 | || 18600,00,00,000 | | || 41 | ministry of food processing industries ……… revenue | 800,00,00,000 || | | || 800,00,00,000 | | || 42 | department of health and family welfare…… revenue | 47033,65,00,000 || | | || 47033,65,00,000 | | || capital | 3508,81,00,000 | || | | || 3508,81,00,000 | | || 43 | department of health research……………… revenue | 1500,00,00,000 || | | || 1500,00,00,000 | | || 44 | department of heavy industry ………………… revenue | 984,99,00,000 || | | || 984,99,00,000 | | || capital | 1615,01,00,000 | || | | || 1615,01,00,000 | | || 45 | department of public enterprises …………… revenue | 19,38,00,000 || | | || 19,38,00,000 | | || 46 | ministry of home affairs ……………………… revenue | 4777,00,00,000 || 3,00,000 | | || 4777,03,00,000 | | || capital | 322,97,00,000 | || | | || 322,97,00,000 | | || 47 | cabinet ………………………………………… revenue | 730,00,00,000 || | | || 730,00,00,000 | | || 48 | police …………………………………………… revenue | 67536,60,00,000 || 8,34,00,000 | | || 67544,94,00,000 | | || capital | 11171,64,00,000 | || 6,72,00,000 | | || 11178,36,00,000 | | || 49 | andaman and nicobar islands………………… revenue | 3736,68,00,000 || 1,00,000 | | || 3736,69,00,000 | | || capital | 526,59,00,000 | || | | || 526,59,00,000 | | || 50 | chandigarh……………………………………… revenue | 3802,35,00,000 || 35,05,00,000 | | || 3837,40,00,000 | | || capital | 332,85,00,000 | 1 || 42,15,00,000 | | || 475,00,00,000 | | || 51 | dadra and nagar haveli ……………………… revenue | 686,45,00,000 || 1,00,000 | | || 686,46,00,000 | | || capital | 389,16,00,000 | || 1 | 2 | 3 ||-------------------------------------|---------------------------------------------------|-----------------|| sums not exceeding | | || no | | || of | | || vote | | || services and purposes | voted | charged || by parliament | on the | total || consolidated | | || fund | | || rs | rs | rs || 52 | daman and diu revenue | 1288,09,00,000 || 2,00,000 | | || 1288,11,00,000 | | || capital | 296,95,00,000 | || | | || 296,95,00,000 | | || 53 | lakshadweep revenue | 1083,26,00,000 || | | || 1083,26,00,000 | | || capital | 165,65,00,000 | || | | || 165,65,00,000 | | || 54 | transfer to delhi revenue | 758,00,00,000 || | | || 758,00,00,000 | | || 55 | transfer to puducherry revenue | 1411,01,00,000 || | | || 1411,01,00,000 | | || capital | 72,00,00,000 | || | | || 72,00,00,000 | | || 56 | ministry of housing and urban poverty | || alleviation revenue | 6406,00,00,000 | || | | || 6406,00,00,000 | | || 57 | department of school education and | || literacy revenue | 67459,05,00,000 | || | | || 67459,05,00,000 | | || 58 | department of higher education revenue | 33079,70,00,000 || | | || 33079,70,00,000 | | || capital | 250,00,00,000 | || | | || 250,00,00,000 | | || 59 | ministry of information and broadcasting revenue | 4379,90,00,000 || | | || 4379,90,00,000 | | || capital | 29,10,00,000 | || | | || 29,10,00,000 | | || 60 | ministry of labour and employment ………… revenue | 7355,53,00,000 || | | || 7355,53,00,000 | | || capital | 22,85,00,000 | || | | || 22,85,00,000 | | || 61 | law and justice ……………………………… revenue | 3072,39,00,000 || | | || 3072,39,00,000 | | || capital | 1071,27,00,000 | || | | || 1071,27,00,000 | | || 62 | election commission………………………… revenue | 113,00,00,000 || | | || 113,00,00,000 | | || capital | 33,00,00,000 | || | | || 33,00,00,000 | | || c | | || harged | | || — | | || supreme court of india | | || ……… revenue | | || | 247,00,00,000 | || 247,00,00,000 | | || 64 | ministry of micro, small and medium | || enterprises……………………………………… revenue | 6471,36,00,000 | || | | || 6471,36,00,000 | | || capital | 10,60,00,000 | || | | || 10,60,00,000 | | || 65 | ministry of mines……………………………… revenue | 1054,55,00,000 || 10,00,000 | | || 1054,65,00,000 | | || capital | 158,84,00,000 | || | | || 158,84,00,000 | | || 66 | ministry of minority affairs…………………… revenue | 4025,48,00,000 || | | || 4025,48,00,000 | | || capital | 170,00,00,000 | || | | || 170,00,00,000 | | || 67 | ministry of new and renewable energy…… revenue | 10724,54,00,000 || | | || 10724,54,00,000 | | || capital | 90,00,00,000 | || | | || 90,00,00,000 | | || 68 | ministry of panchayati raj …………………… revenue | 790,79,00,000 || | | || 790,79,00,000 | | || 69 | ministry of parliamentary affairs …………… revenue | 17,88,00,000 || | | || 17,88,00,000 | | || 70 | ministry of personnel, public grievances | || and pensions …………………………………… revenue | 1266,60,00,000 | || 4,49,00,000 | | || 1271,09,00,000 | | || capital | 149,91,00,000 | || 2,00,00,000 | | || 151,91,00,000 | | || c | | || harged | | || — | | || central vigilance commission | | || revenue | | || | 27,68,00,000 | || 27,68,00,000 | | || 72 | ministry of petroleum and natural gas ……… revenue | 25310,37,00,000 || | | || 25310,37,00,000 | | || capital | 3847,20,00,000 | || | | || 3847,20,00,000 | | || 73 | ministry of planning …………………………… revenue | 252,09,00,000 || | | || 252,09,00,000 | | || capital | 43,00,000 | || | | || 43,00,000 | | || 74 | ministry of power ……………………………… revenue | 11102,46,00,000 || | | || 11102,46,00,000 | | || capital | 3708,40,00,000 | || | | || 3708,40,00,000 | | || c | | || harged | | || — | | || staff, household and allowances | | || of the president | | || ……………………………… revenue | | || | 66,00,00,000 | || 66,00,00,000 | | || 76 | lok sabha ……………………………………… revenue | 663,11,00,000 || 1,15,00,000 | | || 664,26,00,000 | | || 77 | rajya sabha …………………………………… revenue | 386,38,00,000 || 1,02,00,000 | | || 387,40,00,000 | | || 78 | secretariat of the vice-president …………… revenue | 5,30,00,000 || | | || 5,30,00,000 | | || c | | || harged | | || — | | || union public service commission | | || revenue | | || | 229,19,00,000 | || 229,19,00,000 | | || 1 | 2 | 3 ||-----------------------------------------------|----------------------------------------------------|------------------|| sums not exceeding | | || no | | || of | | || vote | | || services and purposes | voted | charged || by parliament | on the | total || consolidated | | || fund | | || rs | rs | rs || 80 | ministry of railways revenue 236461,18,00,000 | || 158,23,00,000 | | || 236619,41,00,000 | | || capital | 194303,45,00,000 | || 38,01,00,000 | | || 194341,46,00,000 | | || 81 | ministry of road transport and highways…… revenue | 19903,48,00,000 || capital | 100455,66,00,000 | || 10,00,00,000 | | || 100465,66,00,000 | | || 82 | department of rural development …………… revenue | 170436,63,00,000 || | | || 170436,63,00,000 | | || capital | 5,25,00,000 | || | | || 5,25,00,000 | | || 83 | department of land resources ……………… revenue | 2310,36,00,000 || | | || 2310,36,00,000 | | || 84 | department of science and technology revenue | 4821,76,00,000 || 2,00,000 | | || 4821,78,00,000 | | || capital | 15,59,00,000 | || | | || 15,59,00,000 | | || 85 | department of biotechnology ………………… revenue | 2222,11,00,000 || | | || 2222,11,00,000 | | || 86 | department of scientific and industrial | || research ……………………………………… revenue | 4439,25,00,000 | || | | || 4439,25,00,000 | | || capital | 6,75,00,000 | || | | || 6,75,00,000 | | || 87 | ministry of shipping …………………………… revenue | 1668,84,00,000 || | | || 1668,84,00,000 | | || capital | 440,66,00,000 | || | | || 440,66,00,000 | | || 88 | ministry of skill development and | || entrepreneurship……………………………… revenue | 2766,11,00,000 | || | | || 2766,11,00,000 | | || capital | 250,03,00,000 | || | | || 250,03,00,000 | | || 89 | department of social justice and | || empowerment…………………………………… revenue | 6589,78,00,000 | || | | || 6589,78,00,000 | | || capital | 318,22,00,000 | || | | || 318,22,00,000 | | || 90 | department of empowerment of persons | || with disabilities………………………………… revenue | 822,26,00,000 | || | | || 822,26,00,000 | | || capital | 32,74,00,000 | || | | || 32,74,00,000 | | || 91 | department of space ………………………… revenue | 4937,73,00,000 || 60,00,000 | | || 4938,33,00,000 | | || capital | 4154,98,00,000 | || 40,00,000 | | || 4155,38,00,000 | | || 92 | ministry of statistics and programme | || implementation ………………………………… revenue | 4767,49,00,000 | || | | || 4767,49,00,000 | | || capital | 28,25,00,000 | || | | || 28,25,00,000 | | || 93 | ministry of steel ……………………………… revenue | 44,14,00,000 || | | || 44,14,00,000 | | || 94 | ministry of textiles …………………………… revenue | 6190,98,00,000 || | | || 6190,98,00,000 | | || capital | 35,52,00,000 | || | | || 35,52,00,000 | | || 95 | ministry of tourism …………………………… revenue | 1839,69,00,000 || | | || 1839,69,00,000 | | || capital | 1,08,00,000 | || | | || 1,08,00,000 | | || 96 | ministry of tribal affairs ……………………… | revenue || 4136,09,00,000 | | || 5269,32,00,000 | | || capital | 60,00,00,000 | || 97 | ministry of urban development ………… revenue | 17356,59,00,000 || 88,30,00,000 | | || 17444,89,00,000 | | || capital | 19242,81,00,000 | || 90,00,00,000 | | || 19332,81,00,000 | | || 98 | ministry of water resources, river | || development and ganga rejuvenation……… revenue | 8405,99,00,000 | || 1,00,00,000 | | || 8406,99,00,000 | | || capital | 799,29,00,000 | || 4,00,00,000 | | || 803,29,00,000 | | || 99 | ministry of women and child development… revenue | 22556,02,00,000 || | | || 22556,02,00,000 | | || capital | 38,65,00,000 | || | | || 38,65,00,000 | | || 100 | ministry of youth affairs and sports ………… revenue | 1888,46,00,000 || | | || 1888,46,00,000 | | || capital | 54,75,00,000 | || | | || 54,75,00,000 | | || | | || t | | || otal | | || 2216531,75,00,000 | | || 5751005,24,00,000 | | || 7967536,99,00,000 | | | statement of objects and reasonsthis bill is introduced in pursuance of article 114(1) of the consitution 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, including railways, for the financial year 2017-2018arun jaitley ———— president's recommendation under article 117 of the constitution of india[copy of do no 2(12)-b(d)/2017, dated 632017 from shri arun jaitley, minister of finance to the secretary-general, lok sabha]this president having been informed of the subject matter of the proposed appropriation bill, 2017 to authorise payment and appropriation of certain sums from and out of the consolidated fund of india for the services of the financial year 2017-18, recommends under article 117(1) and (3) of the constitution the introduction of the appropriation bill, 2017 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 2017-18———— | Parliament_bills | dc4cf05a-3fdb-5a44-94e2-51d10afd3784 |
statement of objects & reasonsthe need for protecting the child from abused and exploitation has been felt for long the first declaration of the rights of the child was drafted in 1923 and was adopted by the league of nations in 1924, declaring, that "owes to the child the best it has to give" 1979 was observed as the international year of the child when the united nations undertook to draft a treaty binding on all the nations the un general assembly in 1989, unanimously adopted the convention on the rights of the child the soul of the convention 1s set out in four over-arching acrticles 1 no discrimination against children 2 in all matters concerntng children, the best interests of the child shall be primary 3 the right of the child to life, survival and development 4 the right of the child to express views freely in all matters affecting him or her all this concern of humanity for the child 1s obviously attributable to acceptance of the fact that the child 1s most vulnerable to abuse and exploitation, especially in the poorer nations, where child labour especially bonded child labour 1s rampant children's rights became the principle item 1n all the mayor un conferences in 1990's india acceded to the u n convention on the rights of the child on december, | 1, 1992, and the decade 1991—2000 has been observed as the decade of the girl child, with a national decadal plan of action for the girl child in recognition of the mghts of the girl child to protection from exploitation, assault and physical abuse the national policy for children laid down in 1974 itself envisaged that "children shall be protected against neglect, cruelty and exploitation" despite all these policies and programmes and laws like the children act, since replaced by the juvenile justice act, 1986, and the child labour (prohibition & regulation) act, 1986, the child remains the most exploited and abused section of society over 20 million children are enslaved in bonded employment 380 million children are kept away from school, malnutrition of children continues unabated taking a heavy toll of the infants, and as per recent unicef study over one million children are forced into prostitution every year, majority of them in asia countless children are seen engaged in begging on road crossings and other public-places, most of them under organised gangs it is theretore necessary to lay down by law the basic rights of all children, including the street children, the abandoned and neglected children and the bonded children those engaged in begging and children of lesser gods the children of sex-workers who face the problem of identify of society, and to provide an administrative mechanism for protection and promotion of these rights to provide necessary infrastructure to secure to the street children their nghts, as per un convention, and to protect them against exploitation and abuse, it 1s proposed to create a regulatory authority in each territorial devision as provided for in clause 6 of the bill, who would be responsible for registering all births and maintain a register for the street children, to provide for way and means for securing their due rights under the convention the central government ts expected to evolve a national policy tor the street children, in consulation with and with the approval of the national commission for the street children as provided under clause 4 the national commission would carry out different functions as set out in clause 4 to provide for conditions of living, nutrition, health, education, training and protection against exploitation and abuse of the street children, necessary for development of their presonality to its best self the bill thus aims at providing for infrastructure, policy and the law to secure and protect the rights of the street children, as per un convention, adopted by the government hence this bill dr karan singh, m p financial memorandumclause 4 of the bill provides for the setting up of a natonal commission for the street children by the central government, which besides union ministers and officials shall be comprised of 3 members of parliament (2 from lok sabha and | trom rayya sabha) and five other members the bill, if adopted, ts estimated to involve an initial expenditure of rs 4 crore and recurring expenditure of rs 2 crore per annum as to the regulatory authority as contemplated under clause 6 of the bill, appropriate officers under respective panchayat or municipality could well be assigned with the job by the appropriate government memorandum for delegated legislationclause 9 of the bill empowers the central government to make rules necessary to carry out the purposes of the proposed legislation the rules will relate to matters of details only the delegation of legislative power is of a normal character | Parliament_bills | ec7373b9-3b1f-596b-a634-623100485631 |
bill no 51 of 2017 the appropriation (railways) bill, 2017 a billto provide for the authorisation of appropriation of moneys out of the consolidated fundof india to meet the amounts spent on certain services for the purposes of railwaysduring the financial year ended on the 31st day of march, 2014 in excess of theamounts granted for those services and for that yearbe it enacted by parliament in the sixty-eighth year of the republic of india as follows:—short title1 this act may be called the appropriation (railways) act, 201752 from and out of the consolidated fund of india the sums specified in column 3 ofthe schedule amounting in the aggregate to the sum of two thousand seven hundred thirty four crore, ninety lakh, sixty-four thousand, seven hundred and fifty rupees shall be deemed to have been authorised to be paid and applied to meet the amounts spent for defraying the charges in respect of the services relating to railways specified in column 2 of the schedule during the financial year ended on the 31st day of march, 2014 in excess of the amounts granted for those services and for that yearissue of rs 2734,90,64,750/- out of the consolidated fund of india to meet certain expenditure for the financial year ended on the 31st day of march, 201410appropriation3 the sums deemed to have been authorised to be paid and applied from and out ofthe consolidated fund of india by this act shall be deemed to have been appropriated for the services and purposes expressed in the schedule in relation to the financial year ended on the 31st day of march, 2014 the schedule (see sections 2 and 3)| 1 | 2 | 3 ||-------------------------------------------------|-------------------------------------------------------|---------------|| sums not exceeding | | || no | | || of | | || vote | | || services and purposes | voted | charged || by parliament | on the | total || consolidated | | || fund | | || rs | rs | rs || 3 | general superintendence and services on railways | || | | || 38,47,888 | | || 38,47,888 | | || 4 | repairs and maintenance of permanent way and works | || | | || 86,69,734 | | || 86,69,734 | | || 5 | repairs and maintenance of motive power | 67,30,10,224 || 4,76,961 | | || 67,34,87,185 | | || 6 | repairs and maintenance of carriages and wagons | 97,88,53,706 || 6,71,243 | | || 97,95,24,949 | | || 7 | repairs and maintenance of plant and equipment | || | | || 5,42,416 | | || 5,42,416 | | || 8 | operating expenses—rolling stock and equipment | 110,75,35,038 || 39,96,570 | | || 111,15,31,608 | | || 9 | operating expenses—traffic | || | | || 3,05,87,329 | | || 3,05,87,329 | | || 10 | operating expenses—fuel | 683,95,55,988 || 17,53,83,182 | | || 701,49,39,170 | | || 11 | staff welfare and amenities | || | | || 2,67,456 | | || 2,67,456 | | || 13 | provident fund, pension and other retirement benefits | 732,76,13,946 || 19,17,139 | | || 732,95,31,085 | | || 15 | dividend to general revenues, repayment of loans | || taken from general revenues and amortisation of | | || over-capitalisation | 168,79,61,789 | || | | || 168,79,61,789 | | || 16 | assets—acquisition, construction and replacement— | || capital | 837,72,87,300 | || 12,16,02,752 | | || 849,88,90,052 | | || railway funds | | || | | || 92,84,089 | | || 92,84,089 | | || t | | || otal | | || : | 2699,18,17,991 | || 35,72,46,759 | | || 2734,90,64,750 | | | statement of objects and reasonsthis bill is introduced in pursuance of article 114(1) of the constitution of india, read with article 115 thereof, to provide for the appropriation out of the consolidated fund of india of the moneys required to meet the expenditure incurred in excess of the appropriation charged on the fund and the grants made by the lok sabha for expenditure of the central government on railways for the financial year ended on the 31st day of march, 2014suresh prabhu ———— president's recommendation under article 117 of the constitution of india[copy of letter no 2017-b-403/bs/2 dated 14 march, 2017 from shri suresh prabhu, minister of railways to the secretary general, lok sabha]the president, having been informed of the subject matter of the proposed appropriation (railways) bill providing for the appropriation out of the consolidated fund of india of the moneys required to meet the expenditure incurred in excess of the grants made by the lok sabha for 2013-14, recommends under clauses (1) and (3) of article 117 of the constitution, the introduction in and consideration by lok sabha of the appropriation bill———— a billto provide for the authorisation of appropriation of moneys out of the consolidated fund ofindia to meet the amounts spent on certain services for the purposes of railways during the financial year ended on the 31st day of march, 2014 in excess of the amounts granted for those services and for that year————(shri suresh prabhu, minister of railways) | Parliament_bills | 9010dd7e-fd16-560c-b5a0-02fb677908f2 |
the agricultural and other rural workers (protection and welfare) bill, 2018 a billto provide for the protective measures to the agricultural and other rural workers against exploitation and for ensuring minimum wages, pension, provident fund facilities and financial compensation with paid leave in case of accidents, medical, maternity and creche facilities to women workers, education and nutrition for the children and such other welfare measures to be ensured by the state and for the establishment of a welfare authority and welfare fund for such workers of the rural areas and for matters connected therewith and incidental theretobe it enacted by parliament in the sixty-ninth year of the republic of india as follows:—1 (1) this act may be called the agricultural and other rural workers (protection and welfare) act, 2018short title, extent and commencement5(2) it extends to the whole of india (3) it shall come into force with immediate effectdefinitions2 in this act, unless the context otherwise requires:—(a) "agricultural worker" means a person who works as a labourer on being hired or works in exchange, whether in cash or kind or partly in cash and partly in kind, in any of the agricultural or related operations of an employer, farmer or other person, as the case may be;(b) " appropriate government" means in the case of a state, the government of that state and in all other cases, the central government;(c) "authority" means the national agricultural and other rural workers welfare authority established under section 3;5(d) "employer" means any person who employs directly or through any other person or agent or contractor, whether on his own behalf or on behalf of any other person, one or more agricultural or other rural worker, for any work or work connected with the agricultural or horticulture operations or for any other work connected with village industries;10(e) "prescribed" means prescribed by rules made under this act; (f ) "rural worker" means a worker who works as artisan, weaver, potter, blacksmith, etc in rural areas on hire or contract or in exchange whether in cash or kind or partly in cash and partly in kind for any other person or employer;15(g) "welfare fund" means the agricultural and other rural workers welfare fund established under section 5 3 (1) the central government shall, as soon as may be, for carrying out the purposes of this act, by notification in the official gazette, establish the national agricultural and other rural workers welfare authority20(2) 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 and be suedestablishment of the national agricultural and other rural workers welfare authority(3) the headquarters of the authority shall be at lucknow in the state of uttar pradesh and the authority may establish regional and branch offices at other conspicuous places in the country as it may deem necessary for carrying out the purposes of this act25(4) the authority shall consist of the following members, namely:—(a) a chairperson to be appointed by the central government having adequate experience, qualifications and knowledge of labour laws and issues related to working class or of agricultural operations or of the higher judiciary at least of sessions level;(b) a deputy chairperson to be appointed by the central government having such education qualifications and experience as may be prescribed;30(c) five members to be appointed by the central government each to represent the union ministries of agriculture, finance, labour and employment, rural development and social justice and empowerment;35(d) five members of parliament of whom three shall be from lok sabha and two from the rajya sabha to be nominated by the respective presiding officers of the two houses;(e) four members to be appointed by the central government from amongst the agricultural and other rural workers:provided that one such member shall be a woman40(f) four members from amongst the agricultural and other rural workers to be nominated by the government of the states which shall be rotated amongst the states in alphabetical order (5) the term of office, remuneration, honorarium and other perks of the chairperson, deputy chairperson and members of the authority shall he such as may be preseribed from time to time;45(6) the authority in discharging of its functions and procedure to be followed during the meetings shall be such, as may be prescribed(7) the authority shall have a secretariat with such number of officers and other staff with such terms and conditions of service as may be prescribed from time to timefunctions of the authority54 (1) the authority shall, for the purpose of this act, promote and undertake by such measures as it thinks fit or deem necessary and expedient, welfare measures so as to provide protective measures to agricultural and rural workers from exploitation(2) without prejudice to the generality of the provisions of sub-section (1) the measures referred to therein may provide for: —(a) maintaining district and village-wise register of all the agricultural and other rural workers, gender-wise, with such particulars, and in such manner as may be prescribed;10 10(b) maintaining land records and micro and small industrial units at homes or other places from village to district level in such manner and with such details as may be prescribed;15(c) maintaining district and village-wise register of employers of agricultural and other rural workers, as the case may be, with such particulars and in such manner as may be prescribed;(d) maintaining village and district-wise list of doctors, dispensaries, clinics, health centres and hospitals tor providing medicare facilities, both indoor and outdoor, with medicines to the agricultural and other rural workers;20(e) long term action plan for making work available throughout the year to the agricultural and other rural workers;(f ) payment of minimum wages fixed by the appropriate government by each employer by setting up grievances redressal committees at conspicuous places;25(g) maternity and creche facilities with paid maternity leave and for making vailable necessary medicines, iron and multi vitamin capsules for the female agricultural and other rural workers covered under this act;(h) financial compensation with paid leave in case of accidents of agricultural and other rural workers in such manner as may be prescribed;30(i) grant of old age pension to the agricultural and other rural workers covered under this act;(j) provident fund facility to the agricultural and other rural workers; (k) educational and vocational training facilities to the children of agricultural and other rural workers free of cost;35(l) insurance cover for the agricultural and other rural workers covered under this act for such works and in such manner as may be prescribed;(m) regular supply of meals and nutrition for the children, old and incapacitated agricultural and other rural workers;(n) such other provisions as the authority may deem necessary for carrying out the purposes of this act40establishment of the agricultural and other rural workers welfare fund5 (1) the central government shall, as soon as may be by notification in the official gazette, establish the agricultural and other rural workers welfare fund with an initial corpus of rupees ten thousand crore to be provided by the central government by due appropriation made by parliament by law in this behalf and governments of the states shall contribute to the welfare fund to such extent and in such manner as may be prescribed(2) the welfare fund may also receive moneys from body corporates, financial institutions, both domestic and international ones, firms, partnerships, individuals and other bodies in the form of contributions or donations, as the case may be5(3) the welfare fund shall be utilized for the welfare of agricultural and other rural workers covered under this act in such manner and for such purposes as may be prescribedmiscellaneous provisions6 (1) notwithstanding anything contained in any other law for the time being in force,it shall be the duty of every employer to:—(a) engage only such workers who have registered themselves with the authority; (b) pay minimum wages to the workers engaged by him or such wages in cash orkind as may he voluntarily agreed to by such workers;10(c) not to deduct the wages in case of accident or illness or maternity stage of hisworkers; and(d) give rest and leave to his workers from time to time(2) the appropriate government shall provide necessary assistance to the authority in carrying out the provisions of this act within the territorial jurisdiction of such government157 the central government shall, after due appropriation made by parliament by law made in this behalf, provide from time to time the requisite funds to the states and union territories and for expenditure of the secretariat and other purpose of this actcentral government to provide fundsannual report208 the authority shall prepare and submit an annual report in such manner and insuch form as may be prescribed, of its activities, achievements and shortfalls, if any, pertaining to the welfare and protection of agricultural and other rural workers covered under this act to the president of india, who shall cause the report to be laid in both houses of parliament along with action taken by the central government thereon after its receipt, as soon as may be, but within three months of the receipt thereofpenalty259 notwithstanding anything contained in any other law for the time being in force,whoever contravenes any of the provisions of this act shall be guilty of an offence and shall be punishable with simple imprisonment which may extend to six months and also with fine which may extend to four lakh rupee30act to have overriding effect and to supplement other laws10 the provisions of this act and rules made thereunder shall have effectnotwithstanding anything inconsistent therewith contained in any other law for the time being in force but save as aforesaid the provisions of this act shall be in addition to and not in derogation of any other law for the time being applicable to any matter dealt with by this actpower to make rules3511 the central government may, by notification in the official gazette, make rules forcarrying out the purposes of this act statement of objects and reasonsin india, the agriculture sector generates maximum employment opportunities in comparison to other sectors of economy as a result, crores of agricultural workers in the country including women constitute a major chunk of this workforce similarly, there are village industries which also provide substantial employment opportunities in rural india however, the agricultural and rural workers are still unorganised and, as a result, they remain exploited throughout their lives it has been observed that in the organised sectors there are trade unions and associations to take care and protect the interests of their workers who get their genuine demands fulfilled by their employers and also get the welfare measures implemented but the unorganised agricultural and rural workers do not even get their reasonable and just demands fulfilled by their employers they are denied minimum wages, provident fund, pension, maternity benefits, creche facility, medical care, accident insurance, rest, leave, etc there is no guarantee of work round the year or for majority of days during the year policy of hire and fire is applied at the whims and fancy of the employers as a result the agricultural and other rural workers remain exploited, poverty-stricken and indebted throughout their lives when there is natural calamity, their living condition goes from bad to worse and they do not even get two square meals a day it is a matter of serious concern that their condition is going from bad to worse and there is no legal protection for these hapless workers though the centre has initiated a legislation for unorganized workers but it does not cover most of the issues of the agricultural and other rural workersours is a welfare state and it is the sacred duty of the state to protect the poor agricultural and other rural workers by extending protective umbrella to them and initiating welfare measures for them so that they too get their share of the development of the nationhence this billamar shankar sable financial memorandumclause 3 of the bill provides for the establishment of the national agricultural and other rural workers welfare authority clause 5 of the bill provides for the establishment of the agricultural and other rural workers welfare fund with an initial corpus of rupees ten thousand crore to be provided by the central government and thereafter, the central and state governments will contribute to the welfare fund clause 7 makes it obligatory for the central government to provide funds for carrying out the purposes of the bill the bill if enacted will involve expenditure from the consolidated fund of india it is estimated that a sum of rupees thirty thousand crore may involve as recurring expenditure per annuma sum of rupees five thousand crore may also involve as non-recurring expenditure from the consolidated fund of india memorandum regarding delegated legislationclause 11 of the bill gives power to the central government to make rules for carrying out the purposes of the bill the rules will relate to matters of details onlythe delegation of legislative power is of normal character———— a billto provide for the protective measures to the agricultural and other rural workers against exploitation and for ensuring minimum wages, pension, provident fund facilities and financial compensation with paid leave in case of accidents, medical, maternity and creche facilities to women workers, education and nutrition for the children and such other welfare measures to be ensured by the state and for the establishment of a welfare authority and welfare fund for such workers of the rural areas and for matters connected therewith and incidental thereto————(shri amar shankar sable, mp)mgipmrnd—1457rs(s3)—06-08-2018 | Parliament_bills | f45635b7-50d2-5203-83e9-cc7514ae36c1 |
bill no 178 of 2016 the rainwater (compulsory harvesting) bill, 2016 byshri sukhbir singh jaunapuria, mpa billto provide for compulsory harvesting of rainwater by every household, business establishment and government building, in order to ensure availability of water 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 rainwater (compulsory harvesting) act, 2016short title and extent(2) it extends to the union territories onlydeclaration definitions3 in this act, unless the context otherwise requires,—(a) "business establishment" includes any building which is used as an officeor a factory in connection with any trade or business;(b) "government" means the central government or the union territory administration, as the case may be;5(c) "government building" includes the offices of the ministries, departments, public sector enterprises, statutory bodies or bodies owned or administered by the government and autonomous bodies, local self government bodies and residential areas of government employees provided by the government;(d) "household" means a dwelling unit of any description; and (e) "prescribed" means prescribed by rules made under this act104 notwithstanding anything contain in any other law for the time being in force, thegovernment shall construct and provide necessary infrastructure for rainwater harvesting in the buildings owned by it in such manner and within such time as may be prescribedcompulsory rainwater harvesting in government buildings5 (1) notwithstanding anything contained in any other law for the time being inforce, every household and business establishment shall compulsorily adopt measures for rooftop rainwater harvesting in such manner and within such time as may be prescribed15compulsory rainwater harvesting by households and business establishments(2) it shall be duty of the head or karta of that household, to implement the provisionsof sub-section (1)6 it shall be the duty of the government to construct or repair conventional waterbodies such as wells, tanks, ponds, creeks and watersheds and other water bodies to preserve the rainwater so as to recharge the levels of ground waterduty of government to protect water bodies207 the government shall, as soon as possible, prepare an action plan to educate themasses about the technology and the benefits of rooftop rainwater harvesting and also associate non-governmental organisations and such other agencies or institutions, as it may deem fit for the purpose, in such manner as may be prescribedaction plan to educate the masses about rainwater harvesting punishment258 any person violating the provisions of this act shall be punished with simpleimprisonment for a term which may extend to one year or with a fine which may extend to rupees one lakh or with both9 the provisions of this act shall have effect, notwithstanding anything inconsistenttherewith contained in any other law for the time being in forceact to have overriding effect10 the provisions of this act shall be in addition to and not in derogation of anyother law for the time being in force30act not in derogation of other lawspower to make rules11 (1) the central government may, by notification in the official gazette, make rulesfor carrying out the purposes of this act35(2) every rule made under this 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 rule40 statement of objects and reasonsit is estimated that our country receives rainfall of about four thousand billion cubic metres every year and major part of this rainwater goes waste as it falls into the sea through the rivers of our country this huge wastage of rainwater is taking place inspite of the fact that there is severe shortage of drinking water throughout the country water is a scarce resource and its availability for drinking and other household purposes in the country as a whole is hardly as per requirement-more so in the desert and drought prone areas the only way to overcome this problem is to prevent the wastage of rainwater by conserving it through harvesting and recharging the ground water levelsidentification of the areas not receiving normal rainfall with the help of reconnaissance of each and every hamlet of the country, for success of this programme is the need of the hour the private sector as well as the non-governmental organisations have to play a major role in physical and financial terms, in order to achieve the goal of rainwater harvesting to save the planet earth, we have to make rooftop rainwater harvesting a movement of the masses, in which, the government, corporates and every household would participate and preserve the rainwater which is the purest form of water this will increase the level of ground water which can be used for drinking and other purposes hence, it has become necessary to make rooftop rainwater harvesting mandatory throughout the country to overcome the water scarcity which otherwise will worsen further in near future if we do not act nowhence this billnew delhi;sukhbir singh jaunapuriajuly 4, 2016 financial memorandumclause 4 of the bill provides for creating infrastructure for compulsory rainwater harvesting in government buildings clause 6 provides that the central government shall construct and repair of water bodies clause 7 provides that the central government shall give publicity to benefits of rainwater harvesting and provide assistance to non-governmental organisations and private sector for the purpose of creation of rainwater harvesting infrastructure the bill, therefore, if enacted, would involve expenditure from the consolidated fund of india it is estimated that a sum of rupees one thousand crore is likely to be involved as a recurring expenditure per annuma non-recurring expenditure to the tune of rupees five thousand crore is also likely to be incurred from the consolidated fund of india memorandum regarding delegated legislationclause 11 of the bill empowers the central government to make rules for carrying out the purposes of the bill as the rules will relate to matters of details only, the delegation of legislative power is of a normal character———— a billto provide for compulsory harvesting of rainwater by every household, business establishment and government building, in order to ensure availability of water and for matters connected therewith or incidental thereto————(shri sukhbir singh jaunapuria, mp) | Parliament_bills | bf9ecea8-fbcc-5532-9b49-47387154e3d1 |
bill no 139 of 2010 the appropriation (railways) no 6 bill, 2010 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, 2009 in excess of the amounts granted for those services and for that year be it enacted by parliament in the sixty-first year of the republic of india as follows:—short title1 this act may be called the appropriation (railways) no 6 act, 2010 2 from and out of the consolidated fund of india, the sums specified in column 3 ofthe schedule amounting in the aggregate to the sum of five hundred thirty-two crores, twelve lakhs, six thousand, five hundred and eighty-eight rupees shall be deemed to have been authorised to be paid and applied to meet the amounts spent for defraying the charges in respect of the services relating to railways specified in column 2 of the schedule during the financial year ended on the 31st day of march, 2009, in excess of the amounts granted for those services and for that yearissue of rs 532,12,06,588 out of the consolidated fund of india to meet certain expenditure for the financial year ended on 31st day of march, 2009appropriation3 the sums deemed to have been authorised to be paid and applied from and out ofthe consolidated fund of india under this act shall be deemed to have been appropriated for the services and purposes expressed in the schedule in relation to the financial year ended on the 31st day of march, 2009the schedule(see sections 2 and 3)no of vote12 3 sums not exceedingservices and purposesvotedchargedby parliamenton thetotalconsolidatedfund rs rs rs3general superintendence and services on railways ……2,29,9842,29,9844repairs and maintenance of permanent way and works 106,57,53,717106,57,53,7175repairs and maintenance of motive power …………103,08,70,7861,19,659103,09,90,4456repairs and maintenance of carriages and wagons ……157,24,85,154157,24,85,1547repairs and maintenance of plant and equipment ………13,07,46,17613,07,46,1768operating expenses - rolling stock and equipment ……128,30,18,548128,30,18,54815dividend to general revenues, repayment of loanstaken from general revenues and amortisation of over-capitalisation 6,71,23,3416,71,23,34116assets—acquisition, construction and replacement—other expenditure capital ………… 17,08,59,22317,08,59,223total 514,99,97,72217,12,08,866532,12,06,588 statement of objects and reasonsthis bill is introduced in pursuance of article 114(1) of the constitution of india, read with article 115 thereof, to provide for the appropriation out of the consolidated fund of india of the moneys required to meet the expenditure incurred in excess of the appropriation charged on the fund and the grants made by the lok sabha for expenditure of the central government on railways for the financial year ended on the 31st day of march, 2009mamata banerjee———— president's recommendation under article 117 of the constitution of india————[copy of letter no 2010 -b-403/ws/2 dated 23 november, 2010 from kumari mamata banerjee, minister of railways to the secretary-general, lok sabha]the president, having been informed of the subject matter of the proposed appropriation (railways) bill providing for the appropriation out of the consolidated fund of india of the moneys required to meet the expenditure incurred in excess of the grants made by lok sabha for 2008-09, recommends under clauses (1) and (3) of article 117 of the constitution, the introduction in and consideration by lok sabha of the appropriation bill———— a billto provide for the authorisation of appropriation of moneys out of the consolidated fund of india to meet the amounts spent on certain services for the purposes of railways during the financial year ended on the 31st day of march, 2009 in excess of the amounts granted for those services and for that year———— | Parliament_bills | 0bc443f2-b89d-5841-bc9c-7fe9699d4b87 |
bill no ix of 2015 the children belonging to the scheduled castes and the scheduled tribes (reservation and compulsory display of seats by educational institutions) bill, 2015 a billto provide for reservation and compulsory display of seats for the children belonging to the scheduled castes and the scheduled tribes for admission in educational institutions and for matters connected therewith and incidental theretobe it enacted by parliament in the sixty-sixth year of the republic of india as follows:—short title, and commencement1 (1) this act may be called the children belonging to the scheduled castes and the scheduled tribes (reservation and compulsory display of seats by educational institutions) act, 20155(2) it shall come into force on such date as the central government may, by notificationin the official gazette, appointdefinitions2 in this act, unless the context otherwise requires,—(i) "appropriate government" means in the case of a state, the government ofthat state and in all other cases, the central government;10(ii) "educational institution" means a government school or a government aidedschool or a private school or an institution, by whatever name called, offering education upto primary or secondary or senior secondary level; and(iii) "prescribed" means prescribed by rules made under this act(iv) "scheduled castes" and "scheduled tribes" shall have the meanings respectively assigned to them in clauses (24) and (25) of article 366 of the constitution of india53 there shall be reserved such number of seats in each class for children belonging tothe scheduled castes and the scheduled tribes in every educational institution, as the appropriate government may, by notification in the official gazette, specifyreservation of seats for children belonging to the scheduled castes and the scheduled tribes4 (1) every educational institution shall compulsorily display the seats reserved ineach class for children belonging to the scheduled castes and the scheduled tribes10(2) the seats reserved under sub-section (1) shall be displayed outside the main gateand at every exit point of the institution in such manner as may be prescribed(3) no child belonging to the scheduled caste or the scheduled tribe, if he fulfills theeligibility conditions as prescribed under this act, for admission shall be denied admission in any educational institutioncompulsory display of seats reserved in each class for children belonging to the scheduled castes and the scheduled tribes15penalty5 if any educational institution violates the provisions of this act, the head or thechairperson of the management of such institution, as the case may be, by whatever name called, shall be subject to such disciplinary action as may be prescribed and shall also be liable to a fine which shall not be less than fifty thousand rupees20power to remove difficulties6 (1) if any difficulty arises in giving effect to the provisions of this act, the centralgovernment may, by order published in the official gazette, make such provisions, not inconsistent with the provisions of this act, as appear to it to be necessary or expedient for removing the difficulty:provided that no such order shall be made after the expiry of a period of two years fromthe date of commencement of this act25(2) every order made under this section shall, as soon as may be after it is made, be laidbefore each house of parliamentact to have o v e r r i d i n g effect7 the provisions of this act shall have effect notwithstanding anything inconsistenttherewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this act308 (1) the provisions of this act shall not apply to minority educational institutions (2) nothing in sub-section (1) [of session 8,] shall prevent a minority educational institution in extending the provisions of this act to such institution voluntarilyact not to apply to minority educational institutions power to make rules9 (1) the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act35 40(2) every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both the houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule statement of objects and reasonsit has been observed that the children belonging to the scheduled castes and the scheduled tribes are denied admission in the schools and other institutions for reasons of non-availability of seats in spite of various measures taken by the government from time to time to ensure that no child belonging to the scheduled castes and the scheduled tribes is denied admission in schools or institutions, a number of students are left out from admission process for several reasons it has, therefore, become necessary that a legislation be brought forward to provide for statutory reservation of seats in each class for children belonging to the scheduled castes and the scheduled tribes and to fix the responsibility of the head of the school or institution concerned to display these reserved seats to facilitate admission of such children in a transparent manner in case, the head of the school or instituiton of the chairperson of the management of the school fails to display the seats reserved on each class or denies admission to such eligible children, disciplinary action may be initiated against him in addition to a fine of not less than rupees fifty thousandhence this billpl punia memorandum regarding delegated legislationclause 9 of the bill empowers the central government to make rules for carrying out the purposes of the bill as the rules will relate to matters of detail only, the delegation of legislative power is of a normal character———— a billto provide for reservation and compulsory display of seats for the children belonging to the scheduled castes and the scheduled tribes for admission in educational institutions and for matters connected therewith and incidental thereto———— | Parliament_bills | 78f3a6d6-6ed6-5870-91b0-e8e3652cc636 |
bill no iii of 2017 the constitution (amendment) bill, 2017 a billfurther to amend the constitution of indiabe it enacted by parliament in the sixty-eighth year of the republic of india as follows:—short title1 this act may be called the constitution (amendment) act, 2017 2 after article 275 of the constitution, the following article shall be inserted, namely:—insertion of new article 275agrants from the union to the state of west bengal"275a notwithstanding anything in article 275, there shall be paid out of the consolidated fund of india as grants-in-aid of the revenues of the state of west bengal such capital and recurring sums as may be necessary to enable the state to meet the costs of such schemes of development as may be undertaken by it for the purpose of promoting the welfare of the scheduled tribes in that state or raising the level of administration of the scheduled areas therein to that of the administration of the rest of the areas of that state:provided that there shall be paid out of the consolidated fund of india a sum of rupees ninety thousand crore as one time grants-in-aid of the revenues of the state of west bengal and a sum of rupees thirty thousand crore every year to that state: 5provided further that such grants-in-aid shall be in addition to the annual allocation made by the finance commission to the state of west bengal and such other financial assistance as may be provided by the government of india to that state:provided also that the grants-in-aid referred to in this article may be reviewed by the government of india on the expiration of a period of five years from the commencement of this act" 103 after article 371 of the constitution, the following article shall be inserted, namely:—insertion of new article 371k"371k notwithstanding anything in this constitution, the president may by order made with respect to the state of west bengal, having regard to the requirements of the states as a whole for development, poverty, alleviation, employment opportunities and other welfare measures for the people of the state, provide for:—special provision with respect to the state of west bengal 15(a) restructuring public debt of the state government; (b) implementation of long term schemes for the accelerated development of the state;(c) an integrated scheme for driniking water supply and irrigation in the drought prone areas of the state; 20(d) long term schemes for the development of infrastructure such as roads, highways, electricity, industries sanitation, health care and such other projects; 25(e) adequate facilities for technical education, vocational training, equitable opportunities for employment in services under the control of the government and in private sector;( f ) free housing facilities for the population lying below the poverty line; (g) waiving off agricultural farmers' and plantation labourers, loan and educational loan taken by them for their wards;30(h) large proportion of fund allocation under any central governments, welfare and development schemes, in comparison to the other states statement of objects and reasonsthe fourth most populous state, west bengal, located in east india, is strategically one of the most important states of the indian union it is blessed ecologically and shares international borders with three neighbouring countries, namely bangladesh, nepal and bhutan though the state's gdp has risen significantly since 1990 after economic liberalization, west bengal is currently a debt-ridden state with rs 3 trillion as debt this has become the biggest hindrance for the state's governance to undertake long-term ambitious developmental projects in scheduled areas and other poorer sections of the society the proposed bill aims to address all such hindrances through constitutional amendments so as to furnish adequate resources to the state, thereby helping it to craft better prospects for the marginalized sections of the societythe above mentioned prevailing economic condititons have various determental effects on the holistic development of various tribal communities residing in the state it has been a well known fact that a very small number in the tribal community have benefitted from the centre's policies and programmes meant for their development of the total tribal population of 52 million in the state, more than 92% belong to rural areas this raises the need for improving infrastructure with regard to roads, highways, electricity, sanitation, healthcare and other social development projects through this bill, a new article 275a shall be inserted in the constitution to provide for grants to the state of bengal this additional fund will help the state government carry out the necessary developmental activities in the scheduled areas also, despite unprecedented economic progress within some parts of the state, it continues to suffer from holistic progress in social indicators, which encompass education, health and living conditions, as a whole thus, the state of west bengal is in dire need of sustained financial assistance through provisional amendments in the constitution to address this, the bill shall also insert a new article 371 k to provide for restructuring of the state's debt and other targeted allocation of funds from the centre for schemes relating to the overall development of the statethough the state government is optimally utilizing the available financial resources for holistic socio-economic growth, financial assistance from the centre will help the state to come out of the debt trap easily in a federal strucrture, the central should take an active role in supporting states, as they are the ultimate drivers of india's growth storyhence this billvivek gupta financial memorandumclause 2 of the bill provides for grant-in-aid of the revenues of the state of west bengal for development activities it also provides for one time grant-in-aid to the tune of rupees ninety thousand crore and rupees thirty thousand crore as recurring annual expenditure clause 3 provides for special provision for the development of the state of west bengal the bill, therefore, if enacted, will involve a recurring expenditure of rupees thirty thousand crore per annum from the consolidated fund of indiaa non-recurring expenditure of rupees ninety thousand crore is also likely to be involved rajya sabha———— a billfurther to amend the constitution of india————(shri vivek gupta, mp)gmgipmrnd—4425rs(s3)—03022017 | Parliament_bills | 355b3140-ecab-52d4-babc-41bce4258d92 |
bill no 15 of 2016 the right to access of judicial proceedings and information bill, 2016 byshri rajeev satav, mp a billto provide for access to judicial proceedings of the supreme court and its benches by prescribing digital recording of all judicial proceedings and making them available online to the public in general to foster greater accountability and for the matters connected therewithbe it enacted by parliament in the sixty-seventh year of the republic of india as follows:— chapter i preliminary(2) it extends to the whole of india except the state of jammu and kashmir (3) it shall come into force on such date as the central government may, by notification in the official gazette, appointapplication of the act2 the provisions of this act shall apply exclusively to the proceedings of the supreme court and its benches5definitions3 in this act, unless the context otherwise requires,—(a) "audio-visual content" means the content containing both audio and video components and stored in a digital format;10(b) "judicial proceedings" means proceedings taking place before the supreme court or any of its benches;22 of 2005(c) "information" includes such information as may be obtained under the right to information act, 2005;(d) "prescribed" means prescribed by rules made under this act; and (e) "secretariat" means the supreme court secretariat established under section 415 chapter ii establishment of the supreme court secretariat for recording, storage and access of judicial proceedings20establishment of secretariat4 (1) the central government shall, after consultation with the chief justice of india, by notification in the official gazette, establish a secretariat to be known as the supreme court secretariat for carrying out the purposes of this act(2) the secretariat shall work under overall supervision of the chief justice of india25(3) the central government shall appoint such number of officers and employees to the secretariat, as may be necessary, to ensure effective implementation of the provisions of this act(4) the salary and allowances payable to and other terms and conditions of service of officers and employees of the secretariat shall be such as may be prescribed305 the secretariat shall—functions of the secretariat(i) make audio-video recording of all judicial proceedings; (ii) make audio-visual recording of such other information as may be prescribed;35(iii) upload on especially created website, the judicial proceedings and information referred to in clauses (i) and (ii);(iv) maintain a database of all judicial proceedings and information; (v) create a database of the audio-visual archives within twenty four hours of any hearing including the name of the judge, parties involved, date of hearing, chamber number, case number and case type,40to ensure easy access to the judicial proceedings and informationpenalty6 save as otherwise provided in section 7, whoever, responsible for uploading judicialproceedings or information, fails by way of negligence or omission, to upload the judicial proceedings or information, shall be suspended from the service immediately and an enquirycommittee consisting of such officials as may be prescribed, shall be constituted to recommend appropriate action chapter iii refusal of recording or sharing of judicial proceedings| 22 of 2005 ||-----------------------------------------------------------------------------------------------|| 7 || (1) || save as otherwise provided in section 8 of the right to information act, 2005, || every citizen shall have the right to access to audio-visual contents of judicial proceedings || and information || right to || access to || judicial || proceedings |10(2) if during the course of a judicial proceeding, a judge of the supreme court feelsthat a particular proceeding should not be recorded or once recorded should not be shared with the public, the judge may direct the secretariat not to record that judicial proceeding or withhold such recording from uploading on the especially created website, as the case may be15(3) whenever a judge orders not to record any judicial proceeding or withhold suchrecording from uploading on especially created website, he shall record his reasons in writing in doing so and make such reasons available to the public through the especially created website chapter iv miscellaneous208 the provisions of this act shall be in addition to and not in derogation of any otherlaw for the time being in forceact not in derogation of other law power to remove difficulties9 if any difficulty arises in giving effect to the provisions of this act, the central government may, by order, make such provisions or give such directions not inconsistent with the provisions of this act as may appear to it to be necessary or expedient for the removal of the difficulty:25provided that no such order or direction shall be made or given after the expiry of twoyears from the commencement of this actpower to make rules10 (1) the central government may, by notification and in consultation with the chiefjustice of india, make rules for carrying out the provisions of this act3035(2) every rule made under this section shall be laid as soon as may be after it is made,before each house of parliament, while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions, and, if before the expiry of the session in which it is so laid or the session immediately following, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule statement of objects and reasonsthe supreme court is the highest judicial forum and final court of appeal under the constitution of india with the power of judicial reviewat present, the proceedings of the supreme court are available in public domain in the text format after each hearing however, as the proceedings are lengthy, the arguments involved are complex, understanding of justice and the rationale behind the judgement becomes difficult for a common manadding two more sensory sources for information 'audio and video' will increase the effectiveness as well as the speed of dissemination of the legal information, both to the legal fraternity as well as common public at largein today's world, some of the legal issues are too complex where some of the expressions of the opposing view on the bench are lost in plain text format (including but not limited to expression of point of information or sarcasm) this can be preserved only through visual archives video archives of complex topics will also help intervening agencies like mdeia, civil society and political parties to demystify the arguments of contradictory views and enhance public understanding thus, a common man would be able to see and hear directly from the horse's mouth beyond the rhetoric of today's hyper media communicationlastly, a visual medium will also help in setting illustrations of exemplary legal conductthis will not only enhance the faith and respect of the common man in the judiciary but also stand as a shining example for the conduct of judges across the country and provide law students and aspirants an in-depth flavour of high standards expected of themhence, this billnew delhi;rajeev satavdecember 4, 2015 financial memorandumclause 4 of the bill provides for establishment of a supreme court secretariat for recording, storing and providing access to judicial proceedings of the supreme court and its benches it also provides for appointment of officers and employees to the secretariat to ensure effective implementation of the provisions of this act clause 5 provides for maintaining website and database for making available the records of judicial proceedings of the supreme court and its benches the bill, therefore, if enacted will involve expenditure from the consolidated fund of india it is estimated that a recurring expenditure of about rupees one hundred 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 10 of the bill empowers the central government to make rules for carrying out the purposes of this act as the rules will relate to matters of detail only, the delegation of legislative powers is of normal character———— a billto provide for access to judicial proceedings of the supreme court and its benches byprescribing digital recording of all judicial proceedings and making them availableonline to the public in general to foster greater accountability and forthe matters connected therewith————(shri rajeev satav, mp)gmgipmrnd—4164ls(s3)—16022016 | Parliament_bills | b82b5ed1-8567-58ab-b2f0-fbb52380472e |
bill no liii of 2011 the hosting, sponsoring and advertising of sports events (regulation) bill, 2011 a billto regulate the hosting, sponsoring and advertising sports events by body corporates,persons, partnerships, associations other than recognised sports associations who spend substantial money on a single sport and take tax exemption thereon but ignore other sports and to provide for declaration of annual budget for such sports activities and spending limit of fifty percent of the budget on a single sport so that other sports too get their due promotion and for matters connected therewith and 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 hosting, sponsoring and advertising of sports events (regulation) act, 2011short title, extent and commencement(2) it extends to the whole of india5(3) it shall come into force at oncedefinitions2 in this act, unless the context otherwise requires,—(a) "appropriate government" means in the case of a state, the government of that state and in other cases the central government;(b) "prescribed" means prescribed by rules made under this act10(c) words and expressions used but not defined in this act but defined in the companies act, 1956 shall have the meaning respectively assigned to them in that act62 of 1956 53 (1) notwithstanding anything contained in any other law for the time being in force, every body corporate the public sector or private sector, created by an act of parliament or of a state legislature, as the case may be, or registered under the companies act, 1956 shall, in case such body corporate is involved in hosting, sponsoring or advertising of any sports event within the country or out of the country, have to create a budget for such sports event through a board resolution, by allocating a specified percentage of the net profit of the previous year for that purposeallocation of specified of budget by body corporates and state owned corporation for hosting sponsoring and advertising of sports10(2) once the budget so created under sub-section (1), the body corporate shall not be entitled to spend more than one half of such budget on hosting, sponsoring or advertising of a particular sport and in case of non compliance of this provision, the appropriate government shall debar such body corporate of any kind of exemption whatsoever15(3) any body corporate who spends half of its budget on a particular sport shall distribute the rest of the budget on the hosting, promotion, sponsoring and advertising of other sports as may be chosen by its board(4) the provisions of sub-section (1) to (3) shall be made applicable to persons, partnerships, associations and others by the appropriate government in such manner as may be prescribed20power to remove difficulty4 if any difficulty arises in giving effect to the provisons of this act, the centralgovernment may, by order published in the official gazette, make such provisions notinconsistent with the provisions of this act, as appears to it to be necessary or expedient for removing the difficulty:provided that no such order shall be made after the expiry of the period of three years from the commencement of this act25act to have overriding effect5 the provisions of this act and rules made thereunder shall have effectnotwithstanding anything inconsistent therewith contained in any other law for the time being in force, but save as aforesaid, the provisions of this act shall be in addition to and not in derogation of any other law for the time being in force dealing with the subject matter of this act30power to make rules6 the central government may, by notification in the official gazette, make rules forcarrying out the purposes of this act statement of objects and reasonsthese days hosting, sponsoring or advertising of sports events are becoming very popular with the body corporates of the private sector and public sector enterprises of the government including the banking sector these corporates are spending crores of rupee on the sports and thereby taking various tax exemptions on these spendings but, it has been seen that the spending is on cricket alone and other sports have completely been ignored some corporates organise formula car races but generally outside the country though recently it has also made in the country as well in greater noida cricket is a game played in few countries generally of commonwealth nations it is not recognised in the olympics and other international games but in our country other games have completely been ignored though these games have given great players of international fame but ignoring of these games including our national sport hockey continues so, it has become necessary to regulate the spending of corporates on sports they have to fix a yearly budget for sports and they can spend only fifty percent of that budget on one sport rest they have to spend for promotion of other sports in case, they do not do so they will not get any exemption in taxation from the government this is the only way other games such as hockey, football, tennis, badminton, archery, shooting, boxing, judo, etc will be promoted in the countryhence this billdr akhilesh das gupta memorandum regarding delegated legislationclause 6 of the bill gives power to the central government to make rules for carrying out the purposes of the bill the rules will relate to matters of details onlythe delegation of legislative power is of a normal character———— abillto regulate the hosting, sponsoring and advertising sports events by body corporates,persons, partnerships, associations other than recognised sports associations who spend substantial money on a single sport and take tax exemption thereon but ignore other sports and to provide for declaration of annual budget for such sports activities and spending limit of fifty percent of the budget on a single sport so that other sports too get their due promotion and for matters connected therewith and incidental thereto————(dr akhilesh das gupta, mp) | Parliament_bills | ad5173c7-d038-5dd3-a78a-ba27b75c7db7 |
the union territory goods and services tax bill, 2017—————— arrangement of clauses——————clauses chapter i preliminary1 short title, extent and commencement 2 definitions chapter ii administration3 officers under this act 4 authorisation of officers 5 powers of officers 6 authorisation of officers of central tax as proper officer in certain circumstances chapter iii levy and collection of tax7 levy and collection 8 power to grant exemption from tax chapter iv payment of tax9 payment of tax10 transfer of input tax credit chapter v inspection, search, seizure and arrest11 officers required to assist proper officers chapter vi demands and recovery12 tax wrongfully collected and paid to central government or union territorygovernment13 recovery of tax(ii)clauses chapter vii advance ruling14 definitions 15 constitution of authority for advance ruling 16 constitution of appellate authority for advance ruling chapter viii transitional provisions17 migration of existing tax payers 18 transitional arrangements for input tax credit 19 transitional provisions relating to job work 20 miscellaneous transitional provisions chapter ix miscellaneous21 application of provisions of central goods and services tax act 22 power to make rules 23 general power to make regulations 24 laying of rules, regulations and notifications 25 power to issue instructions or directions 26 removal of difficulties bill no 59 of 2017 the union territory goods and services tax bill, 2017 a billto make a provision for levy and collection of tax on intra-state supply of goods or servicesor both by the union territories and the matter connected therewith or incidental theretobe it enacted by parliament in the sixty-eighth year of the republic of india as follows:— chapter i preliminary51 (1) this act may be called the union territory goods and services tax act, 2017short title, extent and commencement(2) it extends to the union territories of the andaman and nicobar islands,lakshadweep, dadra and nagar haveli, daman and diu, chandigarh and other territory(3) it shall come into force on such date as the central government may, by notificationin the official gazette, appoint:definitions2 in this act, unless the context otherwise requires,—(1) ''appointed day'' means the date on which the provisions of this act shall come into force5(2) ''commissioner'' means the commissioner of union territory tax appointed under section 3; (3) ''designated authority'' means such authority as may be notified by the commissioner;10(4) ''exempt supply'' means supply of any goods or services or both which attracts nil rate of tax or which may be exempt from tax under section 8, or under section 6 of the integrated goods and services tax act, and includes non taxable supply;(5) ''existing law'' means any law, notification, order, rule or regulation relating to levy and collection of duty or tax on goods or services or both passed or made before the commencement of this act by parliament or any authority or person having the power to make such law, notification, order, rule or regulation;15(6) ''government'' means the administrator or any authority or officer authorised to act as administrator by the central government;20(7) ''output tax'' in relation to a taxable person, means the union territory tax chargeable under this act on taxable supply of goods or services or both made by him or by his agent but excludes tax payable by him on reverse charge basis;(8) ''union territory'' means the territory of,—(i) the andaman and nicobar islands; (ii) lakshadweep; (iii) dadra and nagar haveli;25(iv) daman and diu; (v) chandigarh; or (vi) other territory explanation—for the purposes of this act, each of the territories specified in sub-clauses (i) to (vi) shall be considered to be a separate union territory;30(9) ''union territory tax'' means the tax levied under this act; (10) words and expressions used and not defined in this act but defined in the central goods and services tax act, the integrated goods and services tax act, the state goods and services tax act, and the goods and services tax (compensation to states) act, shall have the same meaning as assigned to them in those acts35 chapter ii administrationofficers under this act3 the administrator may, by notification, appoint commissioners and such other class of officers as may be required for carrying out the purposes of this act and such officers shall be deemed to be proper officers for such purposes as may be specified therein:40provided that the officers appointed under the existing law shall be deemed to be the officers appointed under the provisions of this actauthorisation of officers4 the administrator may, by order, authorise any officer to appoint officers of union territory tax below the rank of assistant commissioner of union territory tax for the administration of this act| powers ||-----------|| officers |5 (1) subject to such conditions and limitations as the commissioner may impose, an officer of the union territory tax may exercise the powers and discharge the duties conferred or imposed on him under this act5(2) an officer of a union territory tax may exercise the powers and discharge the duties conferred or imposed under this act on any other officer of a union territory tax who is subordinate to him(3) the commissioner may, subject to such conditions and limitations as may be specified in this behalf by him, delegate his powers to any other officer subordinate to him10(4) notwithstanding anything contained in this section, an appellate authority shall not exercise the powers and discharge the duties conferred or imposed on any other officer of union territory tax6 (1) without prejudice to the provisions of this act, the officers appointed under the central goods and services tax act are authorised to be the proper officers for the purposes of this act, subject to such conditions as the government shall, on the recommendations of the council, by notification, specify15authorisationof officers of central tax as proper officer in certaincircumstances(2) subject to the conditions specified in the notification issued under sub-section (1),—20(a) where any proper officer issues an order under this act, he shall also issue an order under the central goods and services tax act, as authorised by the said act under intimation to the jurisdictional officer of central tax;(b) where a proper officer under the central goods and services tax act has initiated any proceedings on a subject matter, no proceedings shall be initiated by the proper officer under this act on the same subject matter25(3) any proceedings for rectification, appeal and revision, wherever applicable, of any order passed by an officer appointed under this act, shall not lie before an officer appointed under the central goods and services tax act chapter iii levy and collection of taxlevy and collection307 (1) subject to the provisions of sub-section (2), there shall be levied a tax called the union territory tax on all intra-state supplies of goods or services or both, except on the supply of alcoholic liquor for human consumption, on the value determined under section 15 of the central goods and services tax act and at such rates, not exceeding twenty per cent, as may be notified by the central government on the recommendations of the council and collected in such manner as may be prescribed and shall be paid by the taxable person35(2) the union territory tax on the supply of petroleum crude, high speed diesel,motor spirit (commonly known as petrol), natural gas and aviation turbine fuel shall be levied with effect from such date as may be notified by the central government on the recommendations of the council40(3) the central government may, on the recommendations of the council, bynotification, specify categories of supply of goods or services or both, the tax on which shall be paid on reverse charge basis by the recipient of such goods or services or both and all the provisions of this act shall apply to such recipient as if he is the person liable for paying the tax in relation to the supply of such goods or services or both45(4) the union territory tax in respect of the supply of taxable goods or services orboth by a supplier, who is not registered, to a registered person shall be paid by such person on reverse charge basis as the recipient and all the provisions of this act shall apply to such recipient as if he is the person liable for paying the tax in relation to the supply of such goods or services or both5(5) the central government may, on the recommendations of the council, by notification, specify categories of services the tax on intra-state supplies of which shall be paid by the electronic commerce operator if such services are supplied through it, and all the provisions of this act shall apply to such electronic commerce operator as if he is the supplier liable for paying the tax in relation to the supply of such services:provided that where an electronic commerce operator does not have a physical presence in the taxable territory, any person representing such electronic commerce operator for any purpose in the taxable territory shall be liable to pay tax:10provided further that where an electronic commerce operator does not have a physical presence in the taxable territory and also he does not have a representative in the said territory, such electronic commerce operator shall appoint a person in the taxable territory for the purpose of paying tax and such person shall be liable to pay taxpower to grant exemption from tax158 (1) where the central government is satisfied that it is necessary in the publicinterest so to do, it may, on the recommendations of the council, by notification, exempt generally either absolutely or subject to such conditions as may be specified therein, goods or services or both of any specified description from the whole or any part of the tax leviable thereon with effect from such date as may be specified in such notification20(2) where the central government is satisfied that it is necessary in the public interest so to do, it may, on the recommendations of the council, by special order in each case, under circumstances of an exceptional nature to be stated in such order, exempt from payment of tax any goods or services or both on which tax is leviable25(3) the central government may, if it considers necessary or expedient so to do for the purpose of clarifying the scope or applicability of any notification issued under sub-section (1) or order issued under sub-section (2), insert an explanation in such notification or order, as the case may be, by notification at any time within one year of issue of the notification under sub-section (1) or order under sub-section (2), and every such explanation shall have effect as if it had always been the part of the first such notification or order, as the case may be30(4) any notification issued by the central government under sub-section (1) of section 11 or order issued under sub-section (2) of the said section of the central goods and services tax act shall be deemed to be a notification or, as the case may be, an order issued under this act35explanation—for the purposes of this section, where an exemption in respect of any goods or services or both from the whole or part of the tax leviable thereon has been granted absolutely, the registered person supplying such goods or services or both shall not collect the tax, in excess of the effective rate, on such supply of goods or services or both chapter iv payment of taxpayment of tax409 the amount of input tax credit available in the electronic credit ledger of theregistered person on account of,—(a) integrated tax shall first be utilised towards payment of integrated tax andthe amount remaining, if any, may be utilised towards the payment of central tax and state tax, or as the case may be, union territory tax, in that order;40(c) the union territory tax shall first be utilised towards payment of unionterritory tax and the amount remaining, if any, may be utilised towards payment of integrated tax; (d) the union territory tax shall not be utilised towards payment of centraltax| transfer ||-------------------|| input tax credit |510 on utilisation of input tax credit of union territory tax for payment of tax dues under the integrated goods and services tax act in accordance with the provisions of sub-section (5) of section 49 of the central goods and services tax act, as reflected in the valid return furnished under sub-section (1) of section 39 of the central goods and services tax act, the amount collected as union territory tax shall stand reduced by an amount equal to such credit so utilised and the central government shall transfer an amount equal to the amount so reduced from the union territory tax account to the integrated tax account in such manner and within such time as may be prescribed10 chapter v inspection, search seizure and arrest11 (1) all officers of police, railways, customs, and those officers engaged in the collection of land revenue, including village officers, and officers of central tax and officers of the state tax shall assist the proper officers in the implementation of this actofficers required toassist properofficers15(2) the government may, by notification, empower and require any other class of officers to assist the proper officers in the implementation of this act when called upon to do so by the commissioner chapter vi demands and recovery2012 (1) a registered person who has paid the central tax and the union territory tax on a transaction considered by him to be an intra-state supply, but which is subsequently held to be an inter-state supply, shall be refunded the amount of taxes so paid in such manner and subject to such conditions as may be prescribedtax wrongfully collected and paid to central government or union territory government25(2) a registered person who has paid integrated tax on a transaction considered by him to be an inter-state supply, but which is subsequently held to be an intra-state supply, shall not be required to pay any interest on the amount of the central tax and the union territory tax payablerecovery of tax3013 (1) where any amount of tax, interest or penalty is payable by a person to the government under any of the provisions of this act or the rules made thereunder and which remains unpaid, the proper officer of central tax, during the course of recovery of said tax arrears, may recover the amount from the said person as if it were an arrear of central tax and credit the amount so recovered to the account of the government under the appropriate head of union terrirtory tax35(2) where the amount recovered under sub-section (1) is less than the amount due to the government under this act and the central goods and services act, the amount to be credited to the account of the government shall be in proportion to the amount due as union territory tax and central tax chapter vii advance rulingdefinitions14 in this chapter, unless the context otherwise requires,—40(a) ''advance ruling'' means a decision provided by the authority or the appellateauthority to an applicant on matters or on questions specified in sub-section (2) of section 97 or sub-section (1) of section 100 of the central goods and services taxact, in relation to the supply of goods or services or both being undertaken or proposed to be undertaken by the applicant;45(b) ''appellate authority'' means the appellate authority for advance rulingconstituted under section 16(c) ''applicant'' means any person registered or desirous of obtaining registrationunder this act;(d) ''application'' means an application made to the authority under sub-section (1) of section 97 of the central goods and services tax act;(e) ''authority'' means the authority for advance ruling, constituted under section 15;515 (1) the central government shall, by notification, constitute an authority to be known as the name of the union territory, authority for advance ruling:constitution of authority for advance rulingprovided that the central government may, on the recommendations of the council, notify any authority located in any state or any other union territory to act as the authority for the purposes of this act10(2) the authority shall consist of—(i) one member from amongst the officers of central tax; and (ii) one member from amongst the officers of union territory tax, to be appointed by the central government15(3) the qualifications, the method of appointment of the members and the terms and conditions of their service shall be such as may be prescribed16 (1) the central government shall, by notification, constitute an appellate authority to be known as (name of the union territory) appellate authority for advance ruling for goods and services tax for hearing appeals against the advance ruling pronounced by the advance ruling authority:constitution of appellate authority for advance ruling20provided that the central government may, on the recommendations of the council, notify any appellate authority located in any state or any other union territory to act as the appellate authority for the purposes of this act(2) the appellate authority shall consist of—(i) the chief commissioner of central tax as designated by the board; and25(ii) the commissioner of union territory tax having jurisdiction over the applicant chapter viii transitional provisions30migration of existing tax payers17 (1) on and from the appointed day, every person registered under any of the existing laws and having a valid permanent account number shall be issued a certificate of registration on provisional basis, subject to such conditions and in such form and manner as may be prescribed, which unless replaced by a final certificate of registration under sub-section (2), shall be liable to be cancelled if the conditions so prescribed are not complied with35(2) the final certificate of registration shall be granted in such form and manner and subject to such conditions as may be prescribed40(3) the certificate of registration issued to a person under sub-section (1) shall be deemed to have not been issued if the said registration is cancelled in pursuance of an application filed by such person that he was not liable to registration under section 22 or section 24 of the central goods and services tax acttransitional arrangements for input tax credit4518 (1) a registered person, other than a person opting to pay tax under section 10 of the central goods and services tax act, shall be entitled to take, in his electronic credit ledger, credit of the amount of value added tax and entry tax, if any, carried forward in the return relating to the period ending with the day immediately preceding the appointed day, furnished by him under the existing law, not later than ninety days after the said day, in such manner as may be prescribed:provided that the registered person shall not be allowed to take credit in the following circumstances, namely:—(i) where the said amount of credit is not admissible as input tax credit underthis act; or5 (ii) where he has not furnished all the returns required under the existing lawfor the period of six months immediately preceding the appointed day; or(iii) where the said amount of credit relates to goods sold under such exemptionnotifications as are notified by the government:1074 of 1956provided further that so much of the said credit as is attributable to any claim related to section 3, sub-section (3) of section 5, section 6 or section 6a or sub-section (8) of section 8 of the central sales tax act, 1956 that is not substantiated in the manner, and within the period, prescribed in rule 12 of the central sales tax (registration and turnover) rules, 1957 shall not be eligible to be credited to the electronic credit ledger:15provided also that an amount equivalent to the credit specified in the second proviso shall be refunded under the existing law when the said claims are substantiated in the manner prescribed in rule 12 of the central sales tax (registration and turnover) rules, 195720(2) a registered person, other than a person opting to pay tax under section 10 of thecentral goods and services tax act, shall be entitled to take, in his electronic credit ledger, credit of the unavailed input tax credit in respect of capital goods, not carried forward in a return, furnished under the existing law by him, for the period ending with the day immediately preceding the appointed day in such manner as may be prescribed: provided that the registered person shall not be allowed to take credit unless the said credit was admissible as input tax credit under the existing law and is also admissible as input tax credit under this act25explanation—for the purposes of this section, the expression ''unavailed input taxcredit'' means the amount that remains after subtracting the amount of input tax credit already availed in respect of capital goods by the taxable person under the existing law from the aggregate amount of input tax credit to which the said person was entitled in respect of the said capital goods under the existing law3035(3) a registered person, who was not liable to be registered under the existing law orwho was engaged in the sale of exempted goods or tax free goods or goods which havesuffered tax at first point of their sale in the union territory and the subsequent sales of which are not subject to tax in the union territory under the existing law but which are liable to tax under this act or where the person was entitled to the credit of input tax at the time of sale of goods, shall be entitled to take, in his electronic credit ledger, credit of the value added tax and entry tax, if any, in respect of inputs held in stock and inputs contained in semi-finished or finished goods held in stock on the appointed day subject to the following conditions, namely:—40(i) such inputs or goods are used or intended to be used for making taxablesupplies under this act;(ii) the said registered person is eligible for input tax credit on such inputsunder this act;45 (iii) the said registered person is in possession of invoice or other prescribeddocuments evidencing payment of tax under the existing law in respect of such inputs; and(iv) such invoices or other prescribed documents were issued not earlier than twelve months immediately preceding the appointed day:provided that where a registered person, other than a manufacturer or a supplier of services, is not in possession of an invoice or any other documents evidencing5payment of tax in respect of inputs, then, such registered person shall, subject to such conditions, limitations and safeguards as may be prescribed, including that the said taxable person shall pass on the benefit of such credit by way of reduced prices to the recipient, be allowed to take credit at such rate and in such manner as may be prescribed (4) a registered person, who was engaged in the sale of taxable goods as well as exempted goods or tax free goods under the existing law but which are liable to tax under this act, shall be entitled to take, in his electronic credit ledger,—10(a) the amount of credit of the value added tax and entry tax, if any, carried forward in a return furnished under the existing law by him in accordance with the provisions of sub-section (1); and (b) the amount of credit of the value added tax and entry tax, if any, in respect of inputs held in stock and inputs contained in semi-finished or finished goods held in stock on the appointed day, relating to such exempted goods or tax free goods in accordance with the provisions of sub-section (3)1520(5) a registered person shall be entitled to take, in his electronic credit ledger, credit of value added tax and entry tax, if any, in respect of inputs received on or after the appointed day but the tax in respect of which has been paid by the supplier under the existing law, subject to the condition that the invoice or any other tax paying document of the same was recorded in the books of account of such person within a period of thirty days from the appointed day:provided that the period of thirty days may, on sufficient cause being shown, be extended by the commissioner for a further period not exceeding thirty days:25provided further that the said registered person shall furnish a statement, in such manner as may be prescribed, in respect of credit that has been taken under this sub-section30(6) a registered person, who was either paying tax at a fixed rate or paying a fixed amount in lieu of the tax payable under the existing law shall be entitled to take, in his electronic credit ledger, credit of value added tax in respect of inputs held in stock and inputs contained in semi-finished or finished goods held in stock on the appointed day subject to the following conditions, namely:—(i) such inputs or goods are used or intended to be used for making taxable supplies under this act;(ii) the said registered person is not paying tax under section 10 of the central goods and services tax act;35(iii) the said registered person is eligible for input tax credit on such inputs under this act;(iv) the said registered person is in possession of invoice or other prescribed documents evidencing payment of tax under the existing law in respect of inputs; and40(v) such invoices or other prescribed documents were issued not earlier than twelve months immediately preceding the appointed day (7) the amount of credit under sub-sections (3), (4) and (6) shall be calculated in such manner as may be prescribed45transitional provisions relating to job work19 (1) where any inputs received at a place of business had been desptached as such or desptached after being partially processed to a job worker for further processing, testing, repair, reconditioning or any other purpose in accordance with the provisions of existing law prior to the appointed day and such inputs are returned to the said place on or after the appointed day, no tax shall be payable if such inputs, after completion of the job work or otherwise, are returned to the said place within six months from the appointed day:provided that the period of six months may, on sufficient cause being shown, be extended by the commissioner for a further period not exceeding two months:5provided further that if such inputs are not returned within a period of six months orthe extended period from the appointed day, the input tax credit shall be liable to be recovered in accordance with the provisions of clause (a) of sub-section (8) of section 142 of thecentral goods and services tax act10(2) where any semi-finished goods had been despatched from any place of businessto any other premises for carrying out certain manufacturing processes in accordance with the provisions of existing law prior to the appointed day and such goods (hereinafter in this section referred to as ''the said goods'') are returned to the said place on or after the appointed day, no tax shall be payable if the said goods, after undergoing manufacturing processes or otherwise, are returned to the said place within six months from the appointed day:provided that the period of six months may, on sufficient cause being shown, be extended by the commissioner for a further period not exceeding two months:15provided further that if the said goods are not returned within a period specified inthis sub-section, the input tax credit shall be liable to be recovered in accordance with the provisions of clause (a) of sub-section (8) of section 142 of the central goods and services tax act:20 provided also that the person despatching the goods may, in accordance with theprovisions of the existing law, transfer the said goods to the premises of any registered person for the purpose of supplying therefrom on payment of tax in india or without payment of tax for exports within six months or the extended period, as the case may be, from the appointed day25(3) where any goods had been despatched from the place of business without paymentof tax for carrying out tests or any other process to any other premises, whether registered or not, in accordance with the provisions of existing law prior to the appointed day and such goods are returned to the said place of business on or after the appointed day, no tax shall be payable if the said goods, after undergoing tests or any other process, are returned to such place within six months from the appointed day:30provided that the period of six months may, on sufficient cause being shown, beextended by the commissioner for a further period not exceeding two months:35provided further that if the said goods are not returned within the period specified inthis sub-section, the input tax credit shall be liable to be recovered in accordance with the provisions of clause (a) of sub-section (8) of section 142 of the central goods and services tax act:provided also that the person despatching the goods may, in accordance with the provisions of the existing law, transfer the said goods from the said other premises on payment of tax in india or without payment of tax for exports within six months or the extended period, as the case may be, from the appointed day40(4) the tax under sub-sections (1), (2) and (3) shall not be payable only if the persondespatching the goods and the job worker declare the details of the inputs or goods held in stock by the job worker on behalf of the said person on the appointed day in such form and manner and within such time as may be prescribed45miscellaneous transitional provisions20 (1) where any goods on which tax, if any, had been paid under the existing law atthe time of sale thereof, not being earlier than six months prior to the appointed day, are returned to any place of business on or after the appointed day, the registered person shall be eligible for refund of the tax paid under the existing law where such goods are returnedby a person, other than a registered person, to the said place of business within a period of six months from the appointed day and such goods are identifiable to the satisfaction of the proper officer:5provided that if the said goods are returned by a registered person, the return of such goods shall be deemed to be a supply10(2) (a) where, in pursuance of a contract entered into prior to the appointed day, the price of any goods is revised upwards on or after the appointed day, the registered person who had sold such goods shall issue to the recipient a supplementary invoice or debit note, containing such particulars as may be prescribed, within thirty days of such price revision and for the purposes of this act, such supplementary invoice or debit note shall be deemed to have been issued in respect of an outward supply made under this act15(b) where, in pursuance of a contract entered into prior to the appointed day, the price of any goods is revised downwards on or after the appointed day, the registered person who had sold such goods may issue to the recipient a credit note, containing such particulars as may be prescribed, within thirty days of such price revision and for the purposes of this act such credit note shall be deemed to have been issued in respect of an outward supply made under this act:20provided that the registered person shall be allowed to reduce his tax liability on account of issue of the credit note only if the recipient of the credit note has reduced his input tax credit corresponding to such reduction of tax liability25(3) every claim for refund filed by any person before, on or after the appointed day, for refund of any amount of input tax credit, tax, interest or any other amount paid under the existing law, shall be disposed of in accordance with the provisions of existing law and any amount eventually accruing to him shall be refunded to him in cash in accordance with the provisions of the said law:provided that where any claim for refund of the amount of input tax credit is fully or partially rejected, the amount so rejected shall lapse:30provided further that no refund shall be allowed of any amount of input tax credit where the balance of the said amount as on the appointed day has been carried forward under this act(4) every claim for refund filed after the appointed day for refund of any tax paid under the existing law in respect of the goods exported before or after the appointed day shall be disposed of in accordance with the provisions of the existing law:35provided that where any for refund of input tax credit is fully or partially rejected, the amount so rejected shall lapse:provided further that no refund shall be allowed of any amount of input tax credit where the balance of the said amount as on the appointed day has been carried forward under this act40(5) (a) every proceeding of appeal, revision, review or reference relating to a claim for input tax credit initiated whether before, on or after the appointed day, under the existing law shall be disposed of in accordance with the provisions of the existing law, and any amount of credit found to be admissible to the claimant shall be refunded to him in cash in accordance with the provisions of the existing law and the amount rejected, if any, shall not be admissible as input tax credit under this act:45provided that no refund shall be allowed of any amount of input tax credit where the balance of the said amount as on the appointed day has been carried forward under this act(b) every proceeding of appeal, revision, review or reference relating to recovery of input tax credit initiated whether before, on or after the appointed day, under the existing law shall be disposed of in accordance with the provisions of the existing law, and if any amount of credit becomes recoverable as a result of such appeal, revision, review or reference, the same shall, unless recovered under the existing law, be recovered as an arrear of tax under this act and the amount so recovered shall not be admissible as input tax credit under this act510(6) (a) every proceeding of appeal, revision, review or reference relating to anyoutput tax liability initiated whether before, on or after the appointed day under the existing law, shall be disposed of in accordance with the provisions of the existing law, and if any amount becomes recoverable as a result of such appeal, revision, review or reference, the same shall, unless recovered under the existing law, be recovered as an arrear of tax under this act and amount so recovered shall not be admissible as input tax credit under this act15(b) every proceeding of appeal, revision, review or reference relating to any outputtax liability initiated whether before, on or after the appointed day under the existing law, shall be disposed of in accordance with the provisions of the existing law, and any amount found to be admissible to the claimant shall be refunded to him in cash in accordance with the provisions of the existing law and the amount rejected, if any, shall not be admissible as input tax credit under this act20(7) (a) where in pursuance of an assessment or adjudication proceedings instituted,whether before, on or after the appointed day, under the existing law, any amount of tax, interest, fine or penalty becomes recoverable from the person, the same shall, unless recovered under the existing law, be recovered as an arrear of tax under this act and the amount so recovered shall not be admissible as input tax credit under this act25(b) where in pursuance of an assessment or adjudication proceedings instituted,whether before, on or after the appointed day under the existing law, any amount of tax, interest, fine or penalty becomes refundable to the taxable person, the same shall be refunded to him in cash under the said law and the amount rejected, if any, shall not be admissible as input tax credit under this act30(8) (a) where any return, furnished under the existing law, is revised after the appointed day and if, pursuant to such revision, any amount is found to be recoverable or any amount of input tax credit is found to be inadmissible, the same shall, unless recovered under the existing law, be recovered as an arrear of tax under this act and the amount so recovered shall not be admissible as input tax credit under this act35(b) where any return, furnished under the existing law, is revised after the appointedday but within the time limit specified for such revision under the existing law and if, pursuant to such revision, any amount is found to be refundable or input tax credit is found to be admissible to any taxable person, the same shall be refunded to him in cash under the existing law and the amount rejected, if any, shall not be admissible as input tax credit under this act40(9) save as otherwise provided in this chapter, the goods or services or both suppliedon or after the appointed day in pursuance of a contract entered into prior to the appointed day shall be liable to tax under the provisions of this act(10) (a) notwithstanding anything contained in section 12 of the central goods andservices tax act, no tax shall be payable on goods under this act to the extent the tax was leviable on the said goods under the existing law4532 of 1994(b) notwithstanding anything contained in section 13 of the central goods and servicestax act, no tax shall be payable on services under this act to the extent the tax was leviable on the said services under chapter v of the finance act, 199432 of 199445(c) where tax was paid on any supply, both under any existing law relating to sale ofgoods and under chapter v of the finance act, 1994, tax shall be leviable under this act and the taxable person shall be entitled to take credit of value added tax or service tax paid under the existing law to the extent of supplies made after the appointed day and such credit shall be calculated in such manner as may be prescribed(11) where any goods sent on approval basis, not earlier than six months before the appointed day, are rejected or not approved by the buyer and returned to the seller on or after the appointed day, no tax shall be payable thereon if such goods are returned within six months from the appointed day:5provided that the said period of six months may, on sufficient cause being shown, be extended by the commissioner for a further period not exceeding two months:provided further that the tax shall be payable by the person returning the goods if such goods are liable to tax under this act and are returned after the period specified in this sub-section:10provided also that tax shall be payable by the person who has sent the goods on approval basis if such goods are liable to tax under this act, and are not returned within the period specified in this sub-section15(12) where a supplier has made any sale of goods in respect of which tax was required to be deducted at source under any existing law relating to sale of goods and has also issued an invoice for the same before the appointed day, no deduction of tax at source under section 51 of the central goods and services tax act, as made applicable to this act, shall be made by the deductor under the said section where payment to the said supplier is made on or after the appointed day20explanation—for the purposes of this chapter, the expression ''capital goods'' shall have the same meaning as assigned to it in any existing law relating to sale of goods chapter ix miscellaneous21 subject to the provisions of this act and the rules made thereunder, the provisions of the central goods and services tax act, relating to,—25(i) scope of supply;application of provisions of central goods and services tax act(ii) composition levy; (iii) composite supply and mixed supply; (iv) time and value of supply; (v) input tax credit;30(vi) registration; (vii) tax invoice, credit and debit notes; (viii) accounts and records; (ix) returns; (x) payment of tax;35(xi) tax deduction at source; (xii) collection of tax at source; (xiii) assessment; (xiv) refunds; (xv) audit; (xvi) inspection, search, seizure and arrest;40(xvii) demands and recovery; (xviii) liability to pay in certain cases;(xix) advance ruling; (xx) appeals and revision; (xxi) presumption as to documents; (xxii) offences and penalties;5(xxiii) job work; (xxiv) electronic commerce; (xxv) settlement of funds; (xxvi) transitional provisions; and10(xxvii) miscellaneous provisions including the provisions relating to the imposition of interest and penalty, shall, mutatis mutandis, apply,—(a) so far as may be, in relation to union territory tax as they apply in relation to central tax as if they were enacted under this act;15(b) subject to the following modifications and alterations which the central government considers neceassry and desirable to adapt those provisions to the circumstances, namely:—(i) references to ''this act'' shall be deemed to be references to ''theunion territory goods and services tax act, 2017'';20(ii) references to ''commissioner'' shall be deemed to be references to''commissioner'' of union territory tax as defined in clause (2) of section 2 ofthis act;(iii) references to ''officers of central tax'' shall be deemed to be referencesto ''officers of union territory tax'';25(iv) references to ''central tax'' shall be deemed to be reference to ''unionterritory tax'' and vice versa;(v) references to ''commissioner of state tax or commissioner of unionterritory tax'' shall be deemed to be references to ''commissioner of central tax'';30(vi) references to ''state goods and services tax act or union territorygoods and services tax act'' shall be deemed to be references to ''central goods and services tax act'';(vii) references to ''state tax or union territory tax'' shall be deemed tobe references to ''central tax''power to make rules3522 (1) the central government may, on the recommendations of the council, by notification, make rules for carrying out the provisions of this act(2) without prejudice to the generality of the provisions of sub-section (1), the central government may make rules for all or any of the matters which by this act are required to be, or may be, prescribed or in respect of which provisions are to be or may be made by rules40(3) the power to make rules conferred by this section shall include the power to give retrospective effect to the rules or any of them from a date not earlier than the date on which the provisions of this act come into force(4) any rules made under sub-section (1) may provide that a contravention thereof shall be liable to a penalty not exceeding ten thousand rupees23 the board may, by notification, make regulations consistent with this act and therules made thereunder to carry out the purposes of this actgeneral power to make regulationslaying of rules, regulations and notifications51024 every rule made by the central government, every regulation made by the boardand every notification issued by the central government under this act, shall be laid, as soon as may be, after it is made or issued, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or regulation or in the notification, as the case may be, or both houses agree that the rule or regulation or the notification should not be made, the rule or regulation or notification, as the case may be, shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation or notification, as the case may bepower to issue instructions ordirections1525 the commissioner may, if he considers it necessary or expedient so to do for thepurpose of uniformity in the implementation of this act, issue such orders, instructions or directions to the union territory tax officers as he may deem fit, and thereupon all such officers and all other persons employed in the implementation of this act shall observe and follow such orders, instructions or directionsremoval of difficulties2026 (1) if any difficulty arises in giving effect to any provision of this act, the centralgovernment may, on the recommendations of the council, by a general or a special order published in the official gazette, make such provisions not inconsistent with the provisions of this act or the rules or regulations made thereunder, as may be necessary or expedient for the purpose of removing the said difficulty:provided that no such order shall be made after the expiry of a period of three yearsfrom the date of commencement of this act25(2) every order made under this section shall be laid, as soon as may be, after it ismade, before each house of parliament statement of objects and reasonspresently, the constitution empowers the central government to levy excise duty on manufacturing and service tax on the supply of services similarly, it empowers the state governments and union territories to levy sales tax or value added tax on the sale of goods in addition, many states also levy an entry tax on the entry of goods in local areas this exclusive division of fiscal powers has led to a multiplicity of indirect taxes in the country2 the present tax system on goods and services in the union territories is facing certain difficulties which are as under—(a) the multiplicity of taxes at the central and state levels has resulted in a complex indirect tax structure in the country that is ridden with hidden costs for the trade and industry;(b) there is no uniformity of tax rates and structure across the states and there is cascading of taxes due to "tax on tax"; and(c) the credit of excise duty and service tax paid at the stage of manufacture is not available to the traders while paying the state level sales tax or value added tax, and vice-versa further, the credit of state taxes paid in one state cannot be availed in other states hence, the prices of goods and services get artificially inflated to the extent of this "tax on tax" 3 in view of the above, it has become necessary to have a central legislation, namely, the union territory goods and services tax bill, 2017 the proposed legislation will confer power upon the central government for levying goods and services tax on the supply of goods or services or both which takes place within a union territory without legislature4 the proposed legislation will simplify and harmonise the indirect tax regime in the country it is expected to reduce the cost of production and inflation in the economy, thereby making the indian trade and industry more competitive, domestically as well as internationally it is also expected that introduction of goods and services tax will foster a common or seamless indian market and contribute significantly to the growth of the economy due to the seamless transfer of input tax credit from one stage to another in the chain of value addition, there is an in-built mechanism in the design of goods and services tax that would incentivise tax compliance by taxpayers the proposed goods and services tax will broaden the tax base and result in better tax compliance due to a robust information technology infrastructure5 the union territory goods and services tax bill, 2017, inter alia, provides for the following, namely:—(a) to levy tax on all intra-state supplies of goods or services or both except supply of alcoholic liquor for human consumption at a rate to be notified, not exceeding twenty per cent as recommended by the goods and services tax council (the council);(b) to empower the central government to grant exemptions, by notification or by special order, on the recommendations of the council;(c) to provide for apportionment of tax and settlement of funds on account of transfer of input tax credit between the central government, state government and union territory;(d) to provide for assistance by officers of police, railways, customs, and those engaged in the collection of land revenue, including village officers, and officers of central tax and officers of the state tax to proper officers in the implementation of the proposed legislation;(e) to provide for recovery of tax, interest or penalty payable by a person to the government which remains unpaid, by the proper officer of central tax;(f) to establish an authority for advance ruling in order to enable the taxpayer to seek a binding clarity on taxation matters from the department;(g) to provide for elaborate transitional provisions for smooth transition of existing taxpayers to goods and services tax regime;(h) to provide for application of certain provisions of the central goods and services tax act, 2017, inter alia, relating to definitions, time and value of supply, input tax credit, registration, returns other than late fee, payment of tax, assessment, refunds, audit, inspection, search, seizure and arrest, demands and recovery, appeals and revision, offences and penalties and transitional provisions in the proposed legislation; and (i) to empower the commissioner to issue orders, instructions or directions to the union territory tax officers 6 the notes on clauses explain in detail the various provisions contained in the union territory goods and services tax bill, 20177 the bill seeks to achieve the above objectivesnew delhi;arun jaitleythe 23rd march, 2017 notes on clausesclause 1 provides for short title, extent and commencement of the proposed act clause 2 defines various terms and expressions used in the proposed act clause 3 provides for appointment of commissioners and other class of officers as may be required for carrying out the purposes of the proposed actclause 4 confers power on the administrator to appoint officers of union territory tax below the rank of assistant commissioner of union territory tax for the administration of the proposed actclause 5 provides for conditions and exceptions for exercising the powers by the union territory tax officersclause 6 provides for authorisation of central tax officers, subject to certain conditions as shall be notified by the central government on recommendations of the council, to be proper officers for the purposes of the proposed actclause 7 provides for levy of union territory tax on all intra-state supplies of goods or services or both except on the supply of alcoholic liquor for human consumption, on the value determined under section 15 of the central goods and services tax act at such rates not exceeding forty per cent this clause further provides that—(i) union territory tax on the supply of petroleum crude, high speed diesel, motor spirit (commonly known as petrol), natural gas and aviation turbine fuel to be levied with effect from a date notified by the central government on the recommendations of the council;(ii) the central government to notify categories of supply of goods or services or both, the tax on which shall be paid on reverse charge basis by the recipient of such goods or services or both, on the recommendations of the council;(iii) the union territory tax in respect of the supply of taxable goods or services or both by a supplier, who is not registered, to a registered person shall be paid by such person on reverse charge basis;(iv) the central government may notify categories of services, the tax on intra-state supplies of which shall be paid by the electronic commerce operator if such services are supplied through it, on the recommendations of the council clause 8 confers powers on the central government to exempt either absolutely or conditionally goods or services or both of any specified description from the whole or any part of the union territory tax, on the recommendations of the council it also confers powers on the central government to exempt from payment of tax any goods or services or both, by special order, on which tax is leviable on the recommendations of the councilclause 9 provides for the manner and order in which input tax credit of integrated tax and input tax credit of union territory tax is to be utilisedclause 10 provides for transfer of credit of union territory tax to the integrated tax account when union territory tax credit has been used for payment of central taxclause 11 provides for officers of police, railways, customs and other officers engaged in collection of land revenue to assist officers involved in implementation of this actclause 12 provides for refund of union territory tax in situations where intra-state supplies are subsequently held to be inter-state suppliesclause 13 provides for recovery of union territory tax, interest or penalty by central tax officer while recovering arrears of central taxclause 14 defines terms and expressions such as advance ruling, applicant, application, etc, used in chapter viiclause 15 provides for constitution of advance ruling by the central government clause 16 provides for constitution of appellate authority for advance ruling by the central governmentclause 17 provides for migration of taxpayers registered under the existing law to be issued provisional registration under the proposed act, if the said taxpayer is required to be registered under the provisions of the proposed actclause 18 provides for transitional arrangements for carrying forward of input tax credit available under the existing lawclause 19 provides for transitional provisions relating to job-work clause 20 provides for miscellaneous provisions for transition of existing tax payers in various situationsclause 21 provides for application of specific provisions of the central goods and services tax act to the proposed actclause 22 confers powers on the central government to make rules for carrying out the provisions of the proposed act on recommendations of the councilclause 23 confers powers on the board to make regulations for carrying out the provisions of the proposed actclause 24 provides for laying of rules, regulations and notifications made by the central government before each house of the parliamentclause 25 confers powers to the commissioner to issue orders, instructions or directions to the union territory tax officers for uniform implementation of the provisions of the proposed actclause 26 confers powers on the central government to make such provisions not inconsistent with the provisions of the proposed act or the rules or regulations by a general or special order, on the recommendations of the council within a period of three years from the date of commencement of the proposed act financial memorandumclause 10 of the bill provides for apportionment of tax and settlement of funds on account of transfer of utilisation of input tax credit under this bill for the payment of tax dues under the integrated goods and services tax by the central government2 sub-clause (1) of clause 15 of the bill provides for the establishment of an authority for advance ruling3 sub-clause (1) of clause 16 of the bill provides for the establishment of an appellate authority for advance ruling4 sub-clause (1) of clause 21 of the bill provides for application of provisions of the central goods and services tax bill, 2017 relating to appeals, advance ruling and anti-profiteering so authorities established under central goods and services tax act will be utilised for the purposes of this bill thus there will be no extra financial expenditure under this bill5 the total financial implications in terms of recurring and non-recurring expenditure involved in carrying out the various functions under the bill would be borne by the central government most of the existing officers and staff of the central board of excise and customs and union territories would be used for carrying out the various functions under the bill however, it is not possible to estimate the exact recurring and non-recurring expenditure from the consolidated fund of india at this stage memorandum regarding delegated legislationclause 22 of the union territories goods and services tax bill, 2017 seeks to empower the government to make rules, inter-alia, in the following—(a) collection of taxes under section 7; (b) manner and time in which input tax credit will be transferred under section 10; (c) manner in which tax wrongfully collected and paid to central government or union territory government is to be refunded under section 19; (d) qualifications, the method of appointment of the members and the terms and conditions of their service for authority of advance ruling under section 15; (e) form and manner in which certification of registration on provisional basis is to be issued under section 17; (f) manner in which input tax credit is to be carried forward under section 18; (g) form, manner and time in which the job worker declares inputs held in stock on behalf of the manufacturer under section 19; (h) manner in which credit will be calculated on tax paid under existing law under section 20; and (i) any other matter which is to be, or may be, prescribed, or in respect of which provision is to be made, by rules 2 clause 23 of the bill empowers the board to make regulations to provide for any matter which is required to be, or may be, specified by regulation or in respect of which provision is to be made by regulations3 the matters in respect of which the said rules and regulations may be made are matters of procedure and administrative detail, and as such, it is not practicable to provide for them in the proposed bill itself the delegation of legislative power is, therefore, of a normal character———— a billto make a provision for levy and collection of tax on intra-state supply of goods or services or both by the union territories and the matter connected therewith or incidental thereto————(shri arun jaitley, minister of finance and corporate affairs)gmgipmrnd—5432ls(s3)—23-03-2017 | Parliament_bills | da6ccef3-01be-55dd-a34b-280481b74ac4 |
as introduced in the rajya sabhaon the 8th december, 2006 bill no cv of 2006 the constitution (amendment) bill, 2006 a billfurther to amend the constitution of indiabe it enacted by parliament in the fifty-seventh year of the republic of india as follows:—1 (1) this act may be called the constitution (amendment) act, 2006(2) it shall come into force with immediate effectand commencement"17 rajasthani" statement of objects and reasonsthe language of rajasthan is rajasthani which is a very important language of the indo-aryan family rajasthani has vast literature written in various genres starting from 1000 ad it is spoken by around eighty million people in rajasthan and other states of india the richness of the rajasthani language and literature has been recognized by the sahitya akademi and the university grants commission and the language and literature are taught and researched in many universities the rajasthan board of secondary education has included rajasthani in the educational syllabus and it has been an optional subject in rajasthan since 1973 the rajasthan legislature has already passed a resolution to include rajasthani in the eighth schedule of the constitution there is a widespread popular demand for the inclusion of rajasthani language which has every cultural, linguistic and literary justification to be included in the eighth schedule of the constitution the cultural aspirations of millions of people will be met who take pride in their language and literature which has flourished for many centuries and which the people of rajasthan would love to preserve and this will be done by the inclusion of rajasthani in the eighth schedule thus it would be appropriate to accord recognition to the rajasthani language and insert it into the eighth schedule of the constitutionhence this bill abhishek manu singhvi annexure extract from the constitution of india eighth schedule[articles 344 (1) and 351] languages1assamese2bengali3bodo4dogri5gujarati6hindi7kannada8kashmiri9konkani10 maithili 11 malayalam 12 manipuri 13 marathi 14 nepali 15 oriya 16 punjabi 17 sanskrit18 santhali 19 sindhi 20 tamil 21 telugu 22 urdu————abill further to amend the constitution of india————(dr abhishek manu singhvi, mp)mgipmrnd—4153rs(s3)—8-12-2006 | Parliament_bills | f41f6b94-3b57-5c6a-8491-5e8b8b76d7cb |
the finance bill, 1990(as introduced in lok sabha) arrangemeni of clauseschapier i preliminarv clauses1 short title and commencement chapier ii rates of income· tax 2 income-tax chapier iii direct taxes income-tax 'i1ie pin_ bill, 1110 (aa introduced in lok &'bha) corrigenda1, atpeg16,-<a> for hnes 12 to 16, fnd '(ii) in section 246, in sub-sectlon (2) , in clause (e), after the word figure and iettr"section 271 b", the word, figures and letters "or section 271 bb" ahall be in rted;'; (b) in lin 28, for "word" ,i!tad "words", :!, at page 48, in the first column, in lin 2 from bottom, liter "sub-section < 1 )", insen "of" 3, at page 49, in the second column, in line 3 from bottom, "'"a1umium", rthid "aluminium", 4 at page 51, in the first column, in line 28, (or "sectlon-, read "clause", ~3· 'a'~~ndment of sectionct~'iuoln' for section bam substitution of new se 24 amendment of section bor 25 amendment of section barr 26 amendment of section barra 27 amendment of cha~ter viii 2b amendment of section 115-1 29 amendment of section 11 sj 30 amendment of section 119 31 amendment of section 139 32 amendment of section 139a 33 amendment of section 142 34 amendment of section 143 35 amendment of section 145 3~ amendment of section 151 ~ insertion of new section 194f 39' amendment of section 246 arrangement of clauses chapter i preliminary clauses1 short title and commencement chapter iirates of income-tax 2 income-tax chapter iii direct taxes~ income-tax - t 3 amendment of section 2 l' 4 amendment of section 10 5 amendment of section 28 6 amendment of section 32a 7 amendment of section 32ab ~ 8 amendment of section 33a ; ", 9 amendment of section 34 , ,',' 10 amendment of section 35ccb / ~ 11 amendment of section 439 1 12 amendment of section 44ac ,t " ~ 13 amendment of section 45 ~ ~1 14 amendment of section 80cca i 15 insertion of new section 80ccb 16 insertion of new section 8000 17 amendment of section 80gga i 18 amendment of section 80hh 19 amendment of section 80hha 20 amendment of section 80hhc, 21 amendment of section 80hho 22 amendment of section 80-1 23 amendment of section 80l 24 substitution of new section for section 80m 25 amendment of section 80a 26 amendment of section 80ra 27 amendment of section 80rra 28 amendment of chapter viii 29 amendment of section 115-1 30 amendment of section 115j 31 amendment of section 119 32 amendment of section 139 33 amendment of section 139a 34 amendment of section 142 35 amendment of section 143 36 amendment of section 145 37 amendment of section 151 38 insertion of new section 194f 39 amendment of section 246 clauses 40 amendment of section 268 41 insertion of new section 271 bb 42 amendment of section 271c 43 amendment of section 271 d 44 amendment of sedion 271 e 45 amendment of section 275a 46 omission of chapter xxii-b 47 amendment of section 288 48 consequential amendments wealth-tax 49 amendment of section 2 so amendment of section 5 51 amendment of section 10 52 amendment of section 16 53 amendment of section 17 54 insertion of new section 35eee 55 amendment of section 35k 56 amendment of schedule iii 57 amendment of section 9 58 amendment of section 15 59 amendment of section 16 chapter iv indirect taxescustoms 60 amendment of act 52 of 1962 61 amendment of act 51 of 1975 62 auxiliary duties of customs excise 63 amendment 01 act 1 01 1944 64 amendment of act 5 01 198q 65 special duties of excise 66 amendment of act 58 of 1957 67 amendment of act 40 of 1978 68 repeal of act 12 of 1953 chapter v inland air travel tax69 amendment of act 13 of 1989 chapter vi miscellaneous70 amendment of act 6 of 1898 the first schedule the second schedule the third schedule the fourth schedule the finance bill, 1990 a billto give effect to the financial proposals of the central governt1lbnt for the financial year 1990-91 be it enacted by parliament in the forty-fim vear of the republic of india as '0110 :- chapter i preuminary1 (1) this act may be called the finance act, 1990 5 (2) save as otherwise provided in this act, sections 2 to 59 shall be deemed to have come into force on the 1st day of april, 1990 chapter ii rates of income-tax2 (1) subject to the provisions of sub-sections (2) and (3), for the assessment year inc:orrmhu 10 commencing on the 1 st day of april, 1990, income-tax shall be charged at the rate, specified in part lof the first schedule and shall be increased,-(a) in the cases to which paragraphs a b c and 0 of that part apply by a surcharge for purposes of the union; and (b) in the cases to which paragraph e of that part applies, by a surcharge, 15 calculated in each case in the manner provided therein (2) in the cases to which sub-paragraph i or sub-paragraph ii of paragraph a of part i of the flm schedule applies, where the assessee has, in the previous year, any net agricuhural income exceeding six hundred rupees, in addition to total income, and the total income exceeds,-(i) in a case to which the said sub-paragraph i applies, eighteen thousand rupees, and 20 (ii) in a case to which the said sub-paragraph ii applies, twelve thousand rupees, then,-(a) the net agricultural income shall be taken into account, in the manner provided in clause (b) [that is to say, as if the net agricultural income were comprised in the total income after,-(i) in a case to which the said sub-paragraph i applies, the first eighteen thousand rupees, 1!5 and (ii) in a case to which the said sub-paragraph ii applies, the first twelve thousand rupe", of the total income but without being liable to tax), only for the purpose of· charging income·tax in resped of the total income; and (b) the income-tax chargeable shall be calculated as follows:-i) (i) the total income and the net agricultural income shall be aggregated and the amount of income-tax shall be determined in respect of the aggregate income at the rates specified in sub-paragraph lor, as the case may be, sub-paragraph ii of the said paragraph a, as if such aggregate income were the total income; (ii) the net agricultural income shall be increasad,-(a) in a case to which the said sub-paragraph i appues, by a sum of eight n thousand rupees; and (8) in a case to which the said sub-paragraph ii applies, by a sum of twelve thousand rupees, and the amount of income-tax shall be dermlned in reapec:t of the net agricultural income 80 increased at the rat specified in sub-paracv-ph lor the cue may be sub-paragraph" of the iiid paragraph a if the net agricultural income 80 increased were the total income; (ii) the amount of income-tax determined in accordance with sub-dau (i) ihall be reduced ~ the amount of income-tax determined in accordance withiub-clau" (/i) and the lum 10 5 antveci at lhah be the income-tax in reaped of the total income: provided that the amount of income-tax 80 arrived at iha/i, in the case of every person having a total income excmdlng fifty thouibnd rupees, be incrnhd ~ a surcharge for purpoaes of the union calculated at the rate of eight per cent of such income-tax and the sum 80 arrived at shall be the incometax in reaped of the total income 10 43 of 1!1161 15 (3) in cues to which the provisions of chapter xii or chapter xii-a or sub-section (1a) of section 161 or section 1640r section 164a or section 16780f the income-tax ad, 1961 (hereinafter referred to as the income-tax act) apply, the tax chargeable shall be determined as provided in that chapter or that section, and with reference to the rates impoaecl by sub-sectlon (1) or the rates as specified in 'that chapter or section, as the case may be: provided that in respect of any incomfl chargeable to tax under section 115b or section 11588 of the income-tax act, the income-tax computed under section 11 sb or section 11 sbb shall be increased by a surcharge for purposes of the union calculated at the rate of eight per cent of such income-tax, (4) in cas" in which tax has to be deducted under sections 193, 194 194a 1948 19488, 1940 and 195 of the income-tax act at the rates in force, the deduction shall be made at the rates specified in 20 part " of the first schedule and shall be increased,-(a) in the cases to which the provisi9ns of sub-item (a) of item 1 of that part apply, by a surcharge for purposes of the union; and (b) in the cases to which the provisions of sub-item (8) of item 2 of that part apply by a surcharge, 25 calculated in each case in the manner provided therein (5) in cases in which tax has to be deducted under section 194c of the income-tax act, the deduction shall be made at the rates specified in that section and shall be increased by a surcharge for purposes of the union calculated at the rate of eight per cent of such deduction, (6) in cases in which tax has to be collected under section lo6c of thelneome-tax act, the collection 30 shall be made at the rate specified in that section and shall be increased by a surcharge for purposes of the union calculated at the rate of eight per cent of such collection (7) subject to the provisions of sub-section (8), 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 subsection (4) ofsection 172 or sub-section (2)ofsection 174 or section 175 or sub-section (2) of section 35 176 of the said act or deducted under section 192 of the said act from income chargeable under the head -salaries- or in which the "advance tax" payable under chapter xvii-c of the said act has to be computed, althe rate or rates in force, such income-tax or, as the case may be, "advancatax" shall be 80 ca~lated, charged, deducted or computed at the rate or rates specified in part iii of the first schedule ~d such tax as reduced by the rebate of income-tax calculated under chapter viii-a shall be 40 increased,-(a) in t~e cases to which paragraphs a, 8, c and 0 of that part apply, by a surcharge for purrv'llses of the union; and - (b) in the cases to which paragraph e of that part applies, by a surcharge, calculated in each case in the manner provided therein: 45 provided that in cases to whic~ the provisions of chapter xii or chapter xii-a or sub-section (1 a) of section 161 or section 164 or section 164a or section 1678 of the income tax act apply " d shall be co uted ith f h -, a vance tax· mp w re erence tot e rates imposed by this sub-section orthe rates as specified' tha chapter or section, as the case may be: in t provided f~rther that in ~spect of any income c~argeable to tax under section 11 sb of the income-50 tax act, the adva~e t~ computed under the farst proviso shall be increased by a urcha e for' purpohl of the union c::alculated at the rate of eight per cent of such "advance tax, rg sl~ in the ~se8 to which sub-paragraph lor sub-paragraph ii of paragraph a of part iii of th f incom:~ a:~i~~:~s~~:~~:~: i~ ~~=~ =~~! ~ vi~ue of any provision ~~ ;~s~ rear, in luch nd thottler pel ~iod any net agricultural income exceeding six hun~~peot:~:~~~~:rteovtlootuasi 55 income a e tota income exceeds-' (i) in a case to which the said sub-paragraph i applies twenty two th and , ' -ous rupees, and (/i) in a case to which the said sub-paragraph ii applies, twelve thousand rupee, then, in calculating incomtax under the first proviso to sub-s8ctlon (5)at section 132 at the income-tax ad or in charging income-tax under ub-sectlon (2) of section 174 or section 175 or sub-section (2) of ectlon 178 of the said act or in computing the -advance tax- payable under chapter xvii-c of the said ad, at the rate or rate in force,-5 (a) the net agricultural income shall be taken into account, in the manner provided in clause (b) [that is to say, as if the net agricultural income were comprised in the total income after,-(i) in a case to which the said sub-paragraph i applies, the first twenty-two thousand rupees, and (ii) in a case to which the said sub-paragraph ii applies, the first twelve thousand rupees, 10 at the total income but without being liable to tax], only for the purpose of calculating, charging or computing auch incomtax or, as the cue may be, -aance tax- in respect at the total income; and (b) such income-tax or, as the case may be, -advance tax- shall be so calculated, charged or computed as follows:-15 (i) the total income and the net agricultural income shall be aggregated and the amount of income-tax or -advance tax- shall be determined in respect at the aggregate income at the rate specified in sub-paragraph lor, as the case may be, sub-paragraph ii of the said paragraph a, as if such aggregate income were the total income; (6) the net agricultural income shall be increased,-20 (a) in a case to which the said sub-paragraph i applies, by a sum of twenty- two thousand rupees; and (8) in a case to which the said sub-paragraph ii applies, by a sum of twelve thousand rupees, 25 and the amount of income-tax or -advance tax- shall be determined in respect of the net agricultural income as 80 increased at the rates specified in the aaid sub-paragraph lor, the case may be, the said sub-paragraph ii as if the net agricultural income as 10 increased were the total income; (iii) the amount of income-tax or -advance tax- determined in accordance with aub-dause (i) shall be reduced by the amount of income-tax or, as thec8se may be, -advance tax-determined in 30 accordance with sub-clause (ii) and the sum so arrived at shall be the income-tax or, as the case may be, -advance tax- in respect of the total income: provided that the amount of income-tax or -advance tax~ 80 arrived at shall, in the case of every person having a total income exceeding seventy-five thousand rupees, be increased by a surcharge for purposes of the union calculated at the rate of eight per cent of such income-~or, as the case may be, 35 -advance tax- and the sum 10 arrived at shall be the income-tax or, as the case may be, -advance tax- in respect of the total income (9) for the purposes of this section and the first schedule,-(a) -company in which the publk: are substantially interested- means a company within the meaning of clause (18) at section 2 of the income-tax ad, and includes a subsidiary of such company if the whole of the share capital at auch subsidiary company has been held by the parent company or by its nomin s throughout the previous year; (b) -domestk: company- means an indian company, or any other company which, in respect of its income liable to income-tax underthelncome-tax act forthe sment yhrcommencing on the 1 it day of april, 1990, has made the prescribed arrangements forthe declaration and payment within india at the dividends qncluding dividends on preference shares) payable out of such income in accordance with the provisions of sedlon 191 of the act; (e) -insurance commistlon- means any remuneration or reward, whether by way of commission or otherwise, for soliciting or procuring insurance bualness (including business relating to the continuance, renewal or revival of policies at insurance); (d) -investment company" mean a company whose gross total inoome (as defined in mction 80b of thelncome-lax ad) consists mainly of income which is chargeable under the he~s -income from house property-, -capital galns- and -income from other sources- or at income by way of interest on securlllel; (e) -net agrlculturallncome-, in rellon to a peraon, means the total amount at agria,liturai income, from what8v8r source derived, of that person computed in accordance with the rules contained in part iv of the first schedule; (f) "tax-fr security" means any security of the central government issued or declared to be incom tr , or any aealrity of a state govemment issued incom'" fr , the inoome-tax whereon is payable by the state government; eo (g) ,rading company" means a company whose busi" consists mainly in dealing in goods or men::hmd1le manufllctund, produced or prooeamd by a person ocher than itmd cioft'ipmy and whom income altrimlble to suclh bulineu included in its groll tdtailncome (_cwjned in-=tton lob or the loofm-ta act) is not less than _-one per cent of the amount or euch un- _i 1ncoim; h all other words and expre lons used in this section or in the fi~ schedule but not defined in th~ :u~hction and defined in thelncom tax ad ahall have the meanings rnpectlvely assigned to them in that ad chapter \ii direct taxes income-we 3 in section 2 oj the income-tax ad-of tection 2 (i) in dauae (24)-(a) after aub-c\ause (v) the following sutk:lau~ shall be ins8~ed and shall be deemed to have 10 been inserted with effect from the 1 st day of april, 1962 namely-"(va) any sum chargeable to income-tax under clause (iiia) 01 section 28;"; (b) for the existing clause (va) the following dauses sh~1i be substitut~ and shall be deemed to have been substituted with effect from the 1st day of april 1967 namely-- (vb) any sum chargeable to income-tax under clause (fiib) of section 28; 15 (ve) the value of any benefit or perquisite taxable under dause (iv) of section 28;·; (e) after sutk:lause (ve), the following sutk:lause shall be inse~ and shall be deemed to have been inserted with effect from the 1st day of april, 1972, namely-"(vd) any sum chargeable to income-tax under clause (iiic) of section 28;·; (ii) in clause (40), for the word and figures ·section 143·, the words, brackets and fig~res ·subsection (3) of section 143·'shall be substituted and shall be deemed to have been substituted with 20 effect from the 1st day of april, 1989; (iii) clause (42c) [as inserted by clause (if) of section 2 of the direct tax laws (second amendment) kt, 1989) shall be omitted 4 in section 10 of the income-tax kt, in clause (15),-ammiciment olletlon 10 (i) in suth:lause (iv), in item (i), after the words "state government·, the words ·or a public sector 25 company· shall be inserted with affect from the 1 st day of april, 1991; (ii) after sutk:lause (iv), the following sutk:lause shall be inserted and shall be deemed to have been inserted with effect from the 1 st day of april, 1989, namaly:-"m interest on securities held by the registrar, supreme court, in reserve bank's sgl acx:ount no sudh 048;· 30 amendment of 5 in section 28 01 the income-tax ad,-18ciion28, '(a) aft, clause (iii), the following clause shall be inserted and shall be deemed to have been inhrted with effect from the 1st day of april 1962 namely:-"(ilia) profits on iftle of allc:ence granted under thelmporta (control) order 1955 made under the imports and exports (control) kt, 1947;·; 35 18 of 1i~7 (b) aft, ciau (ilia), the following clause shall be in rted and shall be deemed to have been inhrted with effect from the 1st day of april, 1967, namely:-"(ii") cash assistance (by whatever name called) received or receivable by any person against exports under any scheme 01 the government of india;·; (e) after c1aull (lib), the following clau shall be inserted and shan be deemed to have been 0 inhrted with effect from the 1st day of april, 1972 namely:-"(iiic) any duty 01 customs or excise re-pald or re-paylble u drawback to any person against exports under the culloms and central excise duti drawback rules, 1971 ; • ai-dmnt of •• in section 32a of the income-tax ad,- 32a (i) in aub-hctlon (4), in clau (11), in the opening portion, for the worda ,he previous yar in 45 respect 01 which the deduction is to be allowed· the words brackets and figure "any previous year in respect of which the deduction laid be allowed under sub-section (3) or any earlier previous year (being a pt'avioua y r not earler than the year in which the ship or aircraft wu acquired or the machinery or plant wu installed or the ship, aircraft machinery or plant was first put to uh)· than be subatltuted and shall be deemed id have been lubltltuted with effect from the 1 at c of &u 5) 1878; -, ,,", (i) s~section (9) shall be omitted and shan be deemed to have been omitted with effect from the 1 day of april 1876 "~\of 7 in mellon 32a8ofthe income-t_/d, in sub-mcllon (1), aftthafiratpnmto, thefolowi"" -'1, 1idion_ shall be inaened, mmaiy:- - "ptcmded further that no suc:tt deduction itt be dimed in relation to the ment y r oommenc:ing on the 1st day 01 april 1991 or any subsequent assessment year" 8 in hdion 33a of the income-tax act, in sub-section (1) for the proviso, the following proviloi shall amendment of be 8ubatituted, namely:-18ciion33a ·provided that no deduction under clause (i) s!lall be allowed unless the planting has commenced 5 after the 31st day 01 march, 1965 and been completed before the 1st day 01 april, 1990: provided further that no deduction shall be allowed under clause (il) unless the planting has oommenced after the 31st day of march, 1965, and been completed before the 1st day of april 1870" ' i in section 34 of the income-tax act, in sub-section (3), in clause (a),-amendment of 10 (i) for the words ,he relevant previous year", the words, brackets and figure "any previous year in i8ciion 34 respect of which the deduction is to be allowed under sub-section (2) of that section or any earlier previous year (being a previous year not earlier than the year in which the ship was acquired or the machinery or plant was installed or the ship, machinery or plant was first put to use)" shall be substituted and shall be deemed to have been substituted with effect from the 1 st day of april, 15 1862; (0) the explallation shall be omitted and shall be deemed to have been omitted with effect from the 1st day of april, 1962 10 in section 35ccb of the income-tax act, with effect from the 1st day of april, 1991,-(i) for sub-section (1), the following sub-section shall be substituted, namely:-3) "(1) where an assessee incurs any e>penditure by way of payment of any sum-(a) tp an association or institution, which has as its object the undertaking of any programme of conservation of natural resources or of afforestation, to be used for carrying out any programme of conservation of natural resources or afforestation approved by the prescribed authority; or 25 (b) to such fund for afforestation as may be notified by the central government, the assessee shall, subject to the provisions of sub-section (2), be allowed a deduction of the amount of such expenditure incurred during the previous year"; (ii) in sub-section (2) in the opening portion, atterthe words "deduction under", the words, brackets and letter "clause (a) or shall be inserted 11 in section 43b of the income-tax act, with effect from the 1st day of april, 1991,-amendment of aec:::tion as (a) in clause (d), after the words "any public financial institution", the words "or a state financial corporation or a state industrial investment corporation" shall be inserted; (b) for explanation 4, the following explanation shall be substituted, namely:-'explanation4-for the purposes of this section,-35 1 011956 (a) "public financial institution" shan have the meaning assigned to it in section 4a of the companies act, 1956; (b) ·state financial corporation" means a financial corporation established under section 3 or section 3a or an institution notified under section 46 of the state financial corporations ad, 1951; 63 011951 1011956 «> (c) ·state industrial investment corporation" means a government company within the meaning of section 617 of the companies act, 1956, engaged in the business of providing iongterm finance for industrial projects and approved by the central government underclau88 (viii) of sub-section (1) of section 36' 12 in section 44ac of the income-tax ad, with effect from the 1 st day of april, 1991,-~ 45 (a) in sub-section (1) in clause (a) the following explanlllion shall be inserted at the end, namely:-'explanation-for the purposes 01 this clause, "purchase price" means any amount (by whatever name called) paid or payable by the buyer to obtain the goods referred to in this clause, but shall not include the amount paid or payable by him towards the bid money in an auction, or, as the ease may be, the highest accepted offer in case of tender or any other mode;'; (b) in the expmnation, after the word 1irm", the words "or co-<»peratlve iiociety" 'hall be in rted 13 in section 45 of the income·tax act, after sub-section (5) and the explanation thereto, the ~tof following sub-aection shall be inserted with effect from the 1 st day of april, 1991, namely:-55 '(6) notwithstanding anything contained in sub-section (1) the difference between the repurch prtc of the units referred to in sub-section (2) of section 80ccb and the cp/ial value of suctt unite ,hall be deemed to be the capital gains arising 10 the in the previous year in which such repurch tak pi or the pian referred to in that aection is terminated and ,hall be ided 8ccordingly explwlation -for the purposes of this lub-t~ion, ·capit~1 value of such unltaw me~, "y amount invested by the se in the units rferred to in sub-section (2) of ,ection ioccb 14 in section aocca of the income-tax ad, with effect from the 1 it day of april, 1991,-(a) in lub-sec::tion (1) for the proviso, the following proviso shall be ubstituted, namely:-5 'provided that in reiation to- ( ) the assessmentyars commencing on the 1 at day of april, 1989 and the 1 day of april, 19~, this sub-section shall have effect as if for the words "twenty thousand rupe,w, the word "thirty thousand rupees· had been substituted; (b) the aslessment year commencing on the 1 st day of april, 1991 8ild ,ubhque~t ment years, this sub-section shall have ffect as h forthe wordl "twnty thousand rupees, 10 the words "forty thousand rupees" had been substituted'; (b) aftr ub-section (2), and before explanation i, the following sub-ection hall be inserted, namely:-"(3) notwithstanding anything contained in any other provision of this ad, ~h~re a partition has taken place among the members of a hindu undivided family or wher~ an association ~ ~l'ions has 15 been dissolved after a deduction has been allowed undr sub-section (1) the provisions of subsection (2) shall apply as if the person in receipt of income referred to therein is the assel : iniirtian of n 15 after section socca of the income-tax ad, the following section shall be inserted with effect from -",ioccb the11t day or april, 1991, namely:-20 "8occb (1) where an assessee, beingfa} an individual, or (b) a hindu undivided family, or (c) an association of persons or a body of individuals consisting, in either case, only of husband and wife governed by the system of community of property in force in the state of goa and the union territories of oadra and nagar haveli and daman and ~iu, 25 , h acquired in the previous year, out of his income chargeable to tax, units of any mutual fund specified under clause (230) of section 10 or of the unit trust of india established underth unit trust of india act, 1963, under any plan formulated in accordance with such schm as the central governmnt may, by notification in the official gazette, specify in this baha" (hereafter in this section referred to as the equity unked savings scheme), he shall, in accordance with, and subject to, the 30 provision of this section, be allowed a deduction in the computation of his total income of so much of the amount invested as does not exceed the amount of ten thousand rupees in the previous yar (2) where any amount invested by the assessee in the units issued under a plan formulated under the equity linked savings scheme in respect of which a deduction has been allowed under sub-section (1) is returned to him in whole or in part either by way of repurchase of such units or on the termination of 35 the plan, by the fund or the trust, ae the case may be, in any previous year, it shall be d •• med to be the income of the assessee of that previous year and chargeable to tax accordingly (3) notwithstanding anything contained in any other provision of this ad, where a partition has taken place among the members of a hindu undivided family or where an association of persons has been dissolved after a deduction 'has been allowed under sub-section (1), the provisions of sub-section (2) <40 shall apply as if the person in receipt of income referred to therein is the assesse8~ 1 s in the 'income-tax ad, after section 800, the following section shall be inserted with effect from the 1st day of april, 1991, namely:-"sooo (1) where an assess_ who is resident in india, being an individual or a hindu undivided family has, during the previous year, incurred any expenditure for the medical treatment (including nursing), treining and rehabilitation of a person who-45 (a) is a reiative of the individual or, as the case may be, is a member olthe hindu undivided family and is not de~dent on any person other than such individual or hindu undivided family for hi - - upport or maintenance, and (b) is suffering from a permanent physical disability (including blindness) or is subject to mental 110 retardation, being a permanent physical disability or mntal retardation specified in the rule made in this behalf by the board, which is certified by a physician, a surgeon, an ocuhst or a paychlatrllt the case may be, working i~ a government hospital or a governmnt dispensary, and which hu the effect of reducing considerably such person's capacity for normal work or engaging in a gainful mpioyment or ocx:upation, the thall, in aocordance with and subject to the proviions of this l8ction be allowed deduction of a sum of abc thousand rupees reduced by an amount equal to the income' if any 01 uc: &5 ~ (herufter in this i8dion reterrad to handicapped dependent) in respect ~ the - provided that where the esaee has, during the previous yar, incurred xpendlture on more than one handicapped dependnt, the deduction hall be allowed only with reference to one such hanc:licapped dependnt as may be chosen by the 5 (2) nothing contained in this section shall apply if i a case, where the ' total income in respect of the previous year as computed before making any deduction under this section exceeds sixty thousand rupee: 17 in section 80gga of the income-tax act, in sub-section (2), with effect hom the 1 at day of april, am g 1t 1991,-of i8ciiion iogga 10 (i) in clause (e), after the words "natural resources·, at both the places where they occur, the words ·or of afforestation· shall be inserted; (ii) after clause (e), the following clause shall be inserted, namely:-"fcc) any sum paid by the assessee in the previous year to such fund for afforeatation as is notified by the central government under clause (b) of sub-section (1) of section 35ccb;· 18 in section 80hh of the income-tax ad,-amellen - of mgiion 15 (a) in sub-section (2), in clause (i), after the words, figures and letters 'hl31 day of december, iohh 1970·, the words, figures and letters "but before the 1 st day of april, 1990· shall be inhrted; (b) in sub-section (3), in clause (i), after the words, figures and letters ,he 31 st day of dlciitiber, 1970·, the words, figufes and letters "but before the 1 st day of april, 1990" shall be inserted 191n section 80hha of the income-tax act, in s'jb-section (2), in clause (i), aftef the words, figures amendn 1t 20 and letters ,he 30th day of september, 19n·, the words, figures and letters "but before the 1st day of ~~ april, 1990· shall be inserted 20 in section 80hhc of the income-tax act,-(a) in sub-section (2), in dause (a),-(i) for the word "receivable", the words "received in, or brought into, india" shad be aub8tltuted 25 with effect from the 1 st day of april, 1991; (ii) after the word "assessee", the brackets and words ·(other than the supporting manufacturer)· shall be inserted and shall be deemed to have been inserted with effect from the 1 st day of april, 1989; (iii) after the words ·convertible foreign exchange", the words and brackets·, within a period of 30 six months from the end of the previous year or, where the chief commissioner or commissionr ii satisfied (for reasons to be recorded in writing) that the assessee is, for reasons beyond his control, unable to do 90 within the said period of six months, within such further period as the chief commissioner or commissionef may allow in this behalf" shall be inserted with effect from the 1st day of april, 1991; 35 (b) 1or sub-section (3), the following sub-section shall be substituted with effect from the 1st day of april, 1991, name!y:-'(3) for the purposes of sub-section (1), profits derived from the export of goods or merchandi out of india shall be the amount which bears to the profits of the businss (as computed undr the head ·profits and gains of business or profession" the same proportion as the export turnovr bears 40 to the total turnover of the business carried on by the assessee '; (e) in the explanation, with effect from the 1 st day of april, 1991,-(i) in clause (b),-(1) for the word ·receivable", the words ", received in, or brought into, india- shall be substituted; 45 (2) atter the words "foreign exchange", the words, brackets and figure min accordance with clause (a) of sub-section (2)" shall be inserted; (ii) after clause (b), the following clause shall be inserted, namely:-'(bb) 'otal turnover· shall not include any sum referred to in clauses (ilia), (lib) n (lie) of section 28;'; 50 (ill) in dause (d), for the words "manufacturing goods·, the words and brackets "manufacturing (including processing) goods· shall be substituted 21 in section 80hhd of the income-tax act, with effect from the 1 st day of april, 1991,-amelidment of 8idion ra) in sub-section (2), for the words "by the assess~ in conv~rtible f~elgn exchange·, the words ichio and brackets "in, or brought into, india by the assess in convertible foreign exchange within aperiod of six months from the end of the previous year or, where the chief commissioner or commlsslonr it ntltfild (for reasons to be recorded in writing) that the asseas la, for rasons beyond~1t control, untlle to do so within the said period of lix morjhs, within such further period - the chief commluloner or commlslloner may allow in this behalf" shall be substituted; (b) for 1\i~edion (3), the following sub-section shall be substituted, namely:-'(3) for the purpoa88 of suthectlon (1), profits drived from srvices provided to foreign tourists shan be the amount which bears to the profits of the bus~n'8s (as com~ed und~the hmd "profits and gains of business or profssionj the same proportion as the receipts specified in subsection (2) bear to the total receipts of the business carried on by the u ' 6 amendment of 22 in section 80-1 of the incom-tax act,-i8oiion~1 (a) after sub-section (1), the following sub-section shall be inserted, namly:-'(1a) notwithstanding anything contained in sub-section (1), in rlation to any profits and gains driyedby an ass from-(i) an industrial undertaking which begins to manufactur or produce articles or things or to 10 operate its cold storage plant or plants; or (1/) a ship which is first brought into use; or (ill) the business of a hotel which starts functioning, on or aftr the 1 st day of april, 1990, thre shall, in accordance with and subject to the provisions of this section,be allowed in computing the total income of the assessee, a deduction from such profits 16 and gains of an amount equal to twenty-fiva per cent thereof: provided that in the case of an assessee, being a company , the provisions of this sub-sction shall have effect in relation to profits and gains drived from an industrial undertaking or a ship or the business of a hotel as if for the words "twenty-five per cent· the words ''thirty per ~ent" had been substituted'; 2d (b) in sub-section (2), in clause (iii), for the words "nine years", the words '10urteen years" shall be substituted ; (e) in sub-section (3), in clause (iii), for the words "nine years", the words "fourteen years" shall be substituted; (d) in sub-section (4), in clause (iv), for the words, figures and letters ''before the 1 st day of april, 25 1990", the words, figures and letters "before the 1 st day of april, 1995" shall be substituted; (e) in sub-section (5), attr the second proviso, the following provisos shall be inserted namiy:-'provided that in the case of-(;) an industrial undertaking which begins to manufacture or produce articles or things or to 30 operata its cold storage plant or plants; or (ii) a ship which is first brought into use; or (iii) the business of a hotel which starts functioning, on or after the 1 st day of april, 1990, provisions of this sub-section shall have effect as if for the words "seven assessment years·, the words "nine assessmant years" had been substituted: 36 provided aiso that in the case of an assessee, being a co-operative society, deriving profits and gains from an industrial undertaking or a ship or a hotel referred to in the third proviso, the provisions of that proviso shall have effect as n for the words "nine assessment years', the words "eleven assessment years" had been substituted' ~dment of 23 in section sol of the income-tax act, in sub-section (1) the following explanation shall be 40 18ciion80l inserted at the end, namely:-18 of 1944 'explanation-forthe purposes of this sub-section, the expression "security· means a government ucurlty as defined in clause (2) of section 2 of the public debt act, 1944' =''= ~ '!4 for section 80m ofthe income-tax act, the following section shall be substituted, with effect from the i8ciion 80m 11t day of april, 1991, namely:-45 ~ in '80m (1) where th~ gross total income of a dom~stic company, in any previous yar, includes any ~l8rincome by way of dividends from another ~mstlc company, there shall, in accordance with and == subject to the provisions of this section, be allowed in computing the total income of such domestic company, a deduction of an amount equal to,-(i) in t~e case of a'scheduled bank or a public financial institution, sixty per cent of the income by 50 way of dividends from another domestic company; (ii) in the case of ~hr dom~stic companies so much of the amount of income by way of dividends referred to 10 clause (i) as does not exceed the amount of dividend distributed by such domestic company on or before the due date (2) where any deduction, in respect of the amount of dividend distributed by the dometic 55 company hu been allowed under clause (i) of aub-mction (1) in any previous year, no deduction haii be allowed in respect of such amount in any other previous year (3) where the dividend dl8trbuted ii in impect of any period oomprimd in the previoui year ending on the 31 at day of march, 1 ggo, no deduction shan be allowd in "et 01 such dividend exp/anation-for the purtjoaea of thll section, the expmalon-5 23 of 1965 3801 1959 50t 1970 40 of 1980 20f 1834 (i) "scheduled bank- means the state bank do india constituted under the state bank of india act, 1955, - subsidiary bank s defined in the state bank of india (subeldlary banks) act, 1959, a corresponding new bank constituted under section 3 of the banking companies (acquisition and transfer of undertakings) act, 1970, or under section 3 of the banking companlee (acquisition and transfer of undertakings) ltd, 1980, or any other bank included in the second schedule to the reserve bank of india act 1934 and which is a domestic company; 10 (n) "public financial institution" shall have the meaning assigned to it in section ~ of the companies act, 1958; 1 ot 1956 (iu) "due date-means the date for furnishing the return of income under sub-section (1) of section 139' 25 in section boa of the income-tax act, with effect from the 1 at day of april, 1991,- amendment15 (a) for the words "allowed a deduction from such remuneration of an amount equal to fifty per cent ~18ction thereof, in computing the total income of the individual:", the words and figures "allowed, in computing the total income of the individual, a deduction from such remuneration of an amount equal to,-(i) fifty per cent of the remuneration; or 46 of 1973 (ii) seventy-five per cent of such remuneration as is brought into india by, or on behan of, the z> assessee in accordance with the foreig" exchange regulation ad, 1973, and any rules made thereunder, whichever is higher: shall be substituted; (b) the proviso shall be omitted 7 of 1947 26 in section sorr of the income-tax act, for the words and figures "and such income is received in, or amendment 25 brought into,lndla by him or on his behalf in accordance with the foreign exchange regulation ad, 1947, ofl8dion and any rules made thereunder, there shall be allowed a deduction from such income of an amount equal lora to twenty-five per cent of t~e income so received or brought, in computing the total income of the individual·, the words and figures "there shall be allowed, in computing the total income of the individual, a deduction from such income of an amount equal to,-:j) (i) fifty per cent of the income; or 46 of 1973 (ii) seventy-five per cent of such income as is brought into ind~ by, or on behalf of, the assessee in aooordance with the foreign exchange regulation act, 1973 and any rules made thereunder, whichever is higher· shall be substituted with effect from the 1 st day of april, 1991 27 in section 80rra of the income·tax act, in sub-section (1), the proviso shall be omitted with effect amendment 35 from the 1 st day of april, 1991 28 in the income-tax act, in chapter viii, with effect from the 1 st day of april, 1991,-amendment of chapllllr viii (a) for the heading, the following heading shall be substituted, namely:-"rebates and reliefs"; (b) before section 89 the following sub-headings and sections shall be inserted, namely:-40 ~- rebate of income-tax 87 (1) in computing the amount of income-tax on the total income of an assessee with which he is rebal8ld be chargeable for any assessment year, there shall be allowed from the amount of income"tax (as ,,~ in computed before allowing the deductions under this chapter), in accordance with and subject to the = provisions of sections 88 and 88a, the deductions specified in those sections 45 (2) the aggregate amount of the deductions under section 88 or section 88a shall not, in any ease, exceed the amount of income-tax (as computed before allowing the deductions under this chapter) on the total income of the assessee with which he is chargeable for any assessment year 88 (1) subject to the provisions of this section, an assess , being-(a) an individual, or 50 (b) a hindu undivided family, or 55 (e) an association of persons or a body of individuals consisting, in either case, only of fund, etc husband and wife governed by the system of community of property in force in the state of goa and the union territories of dadra and nagar havel! and daman and diu, shall be entitled to a deduction, from the amount of income-tax (as computed before allowing the deductions under this chapter) on his total income with which he is chargeable for any assessment year, of an amount equal to twenty per cent of the aggregate ofthesums referred to in sub-section (2) (2) the tum rerred 10 in ub-l8dion (1) shall be any um paid or deposited in the previous year by the out of his income chargeable to tlx-(i) to effect or to keep in force an inurance on the life of persons apeclfied in sub-sectlon (4); (i/) to effect or to keep in force a contract for a derred annuity, ~ being an annuity pi~ 6 rerred to in clau (/i) of si&hclion (1) of section socca, on the life of perwans specified in luthection (4): provided that such contract does not contain a provision for the exercise by the insured of an option to r80live a cash payment in lieu of the payment of the annuity; (iii) by way of deduction from the salary payable by or on behalf of the government to any 10 individual being a sum deducted in accordance with the conditions of his service, for the purpo of securing to him a deferred annuity or making provision for his wife or children, in 10 far as the sum 10 deducted does not exceed one-fifth of the salary; (iv) - a contrbjtion by an individual to any provident fund to which the provident funds ad, 1925 applies; 16 hi of 1925 m as a contrbution to any provident fund set up by the central govemment and notified by it in this behalln the official gazette, where such contribution is to an account standing in the name of any person specified in sub-section (4); (vi) as a contribution by an employee to a recognised provident fund; (vii) as a contribution by an employ to an approved superannuation fund; (vir) in _ ten-year account or a fifteen-year account under the post office savings bank (cumulative time deposits) rules, 1959, as amended from time to time, where such sums are deposited in an account standing in the name of the persons specified in sljb-section (4); (ix) as subscription to any such security of the central government as that government may, by notification in the official gazette, specify in this behalf; 25 (x) as ubscrlption to the national savings certificates (vi issue) and national savings certificates (vii laaus) iaaued under the government savings pertificates act, 1959; 46011959 (xl) as subscription to any such savings certificate as defin4d in clause (e) of section 2 of the govemment savings certificates act, 1959, as the central govemment may, by notification in the 46 01 1959 official gazette, specify in this behalf; 30 52 of 1963 (xii) as a contrbution, by any person specified in sub-section (4), for participation in the unit-hnked insurance plan, 1971 (hereafter in this section referred to as the unit-linked insurance plan) d med to have been made under sub-clause (a) of clause (8) of section 19 of the unit truat of india ad 1963; (xlh) u acontrbution by an individualfor participation in any such unit-linked insurance plan of 35 the l1c mutual fund notified under clause (230) of section 10, as the central government may, by notification in the official gazette, specify in this behalf; (xlv) as ubacription to any such deposit scheme of the national housing bank established under section 3 of the national housing bank act, 1987 (hereafter in this section referred to as the 53 of 1987 national housing bank), as the central government may, by notification in the official gazette 40 i ip8cify in this behal; , (xv) for the purposes of purchase or construction of a residential house property the construction of which is completed after the 31 st day of march, 1987, and the income from which is \ chargeable to tlx under the head "income from house property" (or which would if it had not been used for the own residence, have been chargeable to tlx under that head), where 45 uch payment are mllde towards or by way of-(a) any imtaiment or part payment of the amount due under any self-financing or other icheme of any deveiopment authority, housing board or other authority engaged in the corwtruction and sa of house property on ownership basis; or (b) inf instalment or part payment of the amount due to any company or co-operatlve 50 eocieiy of which the is a shareholder or member toward the cost of the hou ptopifty a1loaed to him; or (c) repayment of the amount borrowed by the from-(1) the central government or any stille govemment or (2) " bmk, including - co-operatlve bank or (3) the ue insurance corporation or (4) the nadonal housing bank, or (lj " public coftiiy formed and ;giltad in india with the main object of cmying on the bueinea of providing iond-term finance for conttrucdon or pun:hue 01 houses in india for residential purpo which is approved for the purposes of clause (vih) of subsection (1) of section 38, or (6) any company in which the public are substantially int ated or any cch)f)8ratlve society, whfre such company or co-opemtive society is engaged in the business of 15 financing the construction of houses, or (7) the assess88's employer where such employer is a public company or a public: sector company or a university established by law or a college affiliated to such university or a local authority; (d) stamp duty, registration fe and other expenses for the purpose of transfer of such 10 house property to the ass8ls88, but shall not include any payment towarda or by way of-(a) the admission fee, cost of share and initial deposit which a shareholder of a company or a member of a co-operatlve society has to pay for becoming such shareholder or member; or 15 (8) the cost of the land, except where the consideration for the purchase of the house property is a composite amount and the cost of the land alone cannot be separately ascertained; or (e) the cost of any addition or alteration to, or renovation or repair of, the hew property which is carried out after the issue of the completion certificate in respect of the house property 20 by the authority competent to issue such certificate or after the house property or any part thereof has either been occupied by the assessee or any other person on his behah or been let out; or (d) any expenditure in respect of which deduction is allowable under the provisions of section 24 25 (3) the provisions of sub-section (2) shall apply only to 80 much of any premium or other payment made on a policy other than a contract for a deferred annuity as is not in exc888 of ten per cent of the actual capital sum assured exp/anation---4n calculating any such capital sum, no account shall be taken-(i) of the value of any premiums agreed to be retumed, or (ii) of any benefit by way of bonus or otherwise over and above the sum actually assured, which is to be or may be received under the policy by a~y person (4) the persons referred to in sub-section (2) shall be the following, namely:-(a) for the purposes of clause (i) of that sub-section,-(i) in the case of an individual, the individual, the wife or husband and any child of such 35 individual, and (ii) in any other case, any member of the hindu undivided family or association of persona or body of individuals and any child of any of the members of such association or body; (b) for the purposes of clause (ii) of that sub-aection,-(i) in the case of an individual, the individual, the wife or husband and any child of such individual, and (ii) in the case of an association of persons or body of individuals, any member and any child of any of the members of such association or body; (e) for the purposes of clauses mand (viii) of that sub-section,-(i) in the case of an individual, such individual; (ii) in the case of a hindu undivided family, any member of the family; 45 (1/1) in the case of an association of persons or body of individuals, such association or body; (d) for the purposes of clause (xilj of that sub-section,-(i) in the case of an individual, such individual; (ii) in the case of an association of persons or body of individuals, anyone member of such association or body (5) where the aggregate of any sums specified in clause (xv) of sub-section (2) exceeds an amount of ten thousand rupees, a deduction under sub-sectlon (1) shall be allowed with reference to so much of the aggregate as does not exceed an amount of ten thousand rupees (8) the deduction from the amount of inoomtax under sub-section (1) shall not exceed-(i) in the case of an individual being an author playwright artist muilclan,1ictqr or ipoitlman (including an athlete) fourteen thousand rupees; (il) in any other case ten thousand rupees (7) where, in any previous year, an assesse-(/) terminates his contract of insurance referred to in clause (/) of sub-sedion (2), bv notice to 5 that effect or where the contract ceases to be in force bv reason of failure to pay any premium, bv not reviving contract of insurance, before premiums have been paid for two years; or (il) terminates his participation in any unlt·linked insurance plan referred to in dau (x/i) or clause (xiii) of sub-section (2), by notice to that effect or where he ceases to participate bv rauon of failure to pay any contribution, by not reviving his participation, before contributions in respeci of 10 such participation have been paid for five years; or (iii) transfers the house property referred to in clause (xv) of sub-section (2) before the expiry of five years from the end of the financial year in which possession of such property is obtained by him, or receives back, whether by way of refund or otherwise, any sum specified in that clause, 15 then,-(a) no deduction shall be allowed to the assessee under sub-section (1) with refefence to any of the sums, referred to in clauses (i) (xii), (xlii) and (xv) of sub-section (2) paid in such previous year; and (b) the aggregate amount of the deductions of income-tax so allowed in respect of the previous 20 year or years preceding such previous year, shall be deemed to be tax payable by the assessee in the assessment year relevant to such previous year and shall be added to the tax on the total income of the assessee with which he is chargeable for such assessment year (s) in this section,-(i) ·contribution" to any fund shall not include any sums in repayment of io~n; (ii) "insurance" shall includ-(a) a policy of insurance on the life of an individual or the spouse or the child of such individual or a member of a hindu undivided family securing the payment of specified sum on the stipulated date of maturity, if such person is alive on such date notwithstanding that the policy of insurance provides only for the return of premiums paid (with or without any interest 30 thereon) in the event of such person dying before the s~id stipulated date; (b) a policy of insurance effected by an individual or a member of a hindu undivided family for the benefit of a minor with the object of enabling the minor, atter he has attained majority to secure insurance on his own life by adopting the policy and on his being alive on a date (after such adoption) specified in the policy in this behalf; 35 (iii) "life insurance corporation" means the life insurance corporation of india established under the life insurance corporation act, 1956; 31011956 (iv) ·public company· shall have the same meaning as in section 3 of the companies ad 1956; , 1 of 1956 (v) ·securlty" means a government security as defined in clause (2) of section 2 of the pubuc «) debt act, 1944; 18 of 1944 (~;) 'ransfer" shall be deemed to include also the transactions referred to in clause (i) of section 269ua 88a (1) where m assessee being-(a) an individual; or (b) a hindu undivided family; or reba in respec:tof inwstment in certain new or units (c) an a~iation of persons or a body of individuals consisting, in either case, only of husband a~ wife governed by the system 01 community of property in force in the state of goa and the union territories of dadra and nagar haveli and daman and diu has acquired, in the previous year, out of his income chargeable to tax ~ , , (ii) units issued under a~y schem~ of any mutual fund specified under clause (23d) of section 10 or ofthe unitt rust oflndla, estabhshed under section 3 ofthe unit trust of indi act 1963 if he mou~ o~ subscription to such units is subscribed, within a period of six months ~rom 'the ~s! of ~ubecription under uch acherne, only to eligible issue of capital, he shall be entitled to a deduction, from 1he amount of income·tax (as computed before allow! th deductions under this chapter) on his total income with which he is chargeable tor any ~~ =~ ~ amount equal to twenty per cent of the cost of such share or units· to auc:h provided that the amount of iublcrtptlon to luch unb rmy be 1ubicjrmd, tor a period not exceeding lix months from the cion of ublcripllon under any 1chemernd to in eiauu (i) in uch securities 01 the central governmnt, _ may be i!ppi'ov8d ~ the board in this behalf: provided further that no deduction hall be allowed in r8lp8ct ~ unblelu8d under any schem 5 referred to in clause (ii) where the aubecrlptlon under luch icherm cioiei after the 30th day of septmber, 1990 exp/mjlllion-whera in any previoui yar, the , 8dqulred my ", or un" refrred to in this lub-section and h , within a period of abc moniha from the end ~ that prevtoui yar paid tha whole or a part of the amount, if eny, rmaining unpaid on such her or unill, the 10 amount 80 paid shall be d med to have been paid by the towards the cost of such shara or units in the previous year (2) where the aggregate cost to the of thsh or units referred to in uthectlon (1) which are acquired by him in the prevlou yar xchef twentyflve thousand npmi, the deduction under that sub-section shall be allowed only with raterenee to iuch of those shares or 15 units (being shares or units the aggregate cost whereof to the does not exceed twenty~ fiva thousand rupees) as are specified by him in this beh (3) for tha purposes of this section, -eligble issue of capitar means an laue of equity ha, which satisfies the following conditions, namely:-(a) the issue is made by a public company formed and registered in india and thisluei 2d wholly and axclusively for the purposs of carrying on the bulln of-(i) construction, manufacture or production of any article or thing, not being an article or thing specified in the list in tha eleventh schedule; or (ii) providing long-term finance for construction or purchase of house in india for rasidential purposes: 2s provided that in the case of a public company carrying on the busln referred to in this sub~lause, such company is approved by the central government for the purpo of this section; or (iii) a hospital; or (iv) a hotel approved by the prescribed authority; or (v) operation of ships; (b) the issue is an issue of capital made by the company for the first time: provided that this clause shall not apply in the cue of an illue of equity ha, made by a public company formed and registered in india with the main object of carrying on the buiness of operation of ships; 35 (e) the shares forming part of the issue are offer8ci for ub8ctl»t1on to the public and such offer for subscription is mada by the company bafore the 1st day of april, 1991; (d) such other conditions as may ba prescribed: 1 of 1956 40 provided that in the case of a company which had originally been incorporated a private company but has become a public company under the provisions of the campan," act, 1956, an issue of equity shares made by it forthe first tim after it h beoome a publlccompeny shall not be regarded as an eligible issue of capital, h-(i) such company had declared, diatrbuted or paid any dividend when it was a private company; or (ii) any of the shares forming part of such islue is offer8ci for ~ion at a premium 45 explanation 1-if any question arise as to whthr any luu of equity ahar would constitute an eligible issue of capital forthe purpol8l of this i8dion, the qu tion hall be referred to the central government whose deciaion thereon shall be final 1 of 1956 explanation 2-in this sub-section and sub-section (4), "public company- hall have the meaning assigned to it in section 3 of the campan," ad, 1956 (4) the deduction under sub-section (1) shall noi be allowed unsi the has-(i) subscribed to the shares in pursuance of an offer for subscription to the public made by the public company or in pursuance of a reservation or an option in his favour by reason of his being - promoter of the company; or 56 1 of 1956 (ii) purchased the shares from a person who is specified as an underwriter in respect of the issue of such shares in pursuance of clause 11 of part i of schedule" to the companl act 1956 and who has acquired such shares by vime of his obligation such underwriter (5) if any equity shares or units, with reference to the cost of which a deduction is allowed under sub-section (1) art sold or otherwise trantterred by ~~~ ass to any pereon at any time within a period of three years from the date of their acquisition the ag~regate amo~nt of the deduc:tiom of income-tax so allowed in respect of such equity shares or units in the previous yar or years preceding the prevlo~s year in which such sale or transfer has taken place shall be deemed to be tax payable by the assesseeforthe usessment year relevant to such prevlou~ year 5 and shall be added to the amount of lnoome-tax on thl total income of the issesshwlth which hi is chargeable for such assessment year explanation-a person shall be treated as having acqul~ any share~ or units on the date on which his name is entered in relation to those shares or units in the reglst~r of mtm~ of the company or in the relevant records of any mutual fund 01' unit trust of india, referred to in sub- 10 section (1) (6) where a deduction is claimed and allowed under sub-section (1) with reference to the coat of any equity shares the cost of such shares shall not be taken into account for the purposes of section me b-relief for income-tax',amendment of 29 in section 115-1 of the income-tax ad, for the words and figures "to the assessing officer his retum section 115-1 of in~me for that assessment year under section 139 together with a declarat~ in writing to,the effect·~ the words and figures ·hls retum of income for that assessment year under section 139 declanng therein shall be substituted amendment of 30 in section 115j of the income-tax act, in sub-section (1), after the words figures and letters "on or 20 section 115j after the 1 stdayof april, 1988·, the words, figures and letters "but before the 1 stdayof april, 1991· shall be inserted amendment of 31 in section 119 of the income-tax ad, in sub-section (2), in clause (a),-88otion 119 (i) before the figures "143' the figures "139,' shall be inserted; 2s (ii) after the figures "210,', the figures and letters "234a 234b,' shall be inserted 32 in section 139 of the income-tax act,-amendment of section 139 (a) in sub-section (1), in the explanation in clause (b) in sub-clause (i), after the words "to be so audited', the words, figures and letters· or where the report of an accountant is required to be furnished under section 80hhc or section 8ohho' shall be inserted with effect from the 1st day of april, 1991; 30 (b) in sub-section (10) in the proviso, for clause (b), the following clause shall be substituted, namely:-"(b) a return of a firm or a partner of a firm;' amendmenlol 33 in section 139a of the income·tax act, for sub'section (2), the following sub-section shall be section 139a substituted, namely:-35 "(2) notwithstanding anything contained in sub-section (1) every person not falling under that subsection, but-(i) carrying on any business whose total sales, tumover or gross receipts are or is ukely to exceed fifty thousand rupees in any previous yea~; or (ii) who is required to furnish a return of income under sub-section (4a) of section 139, 0 and who has not been allotted any permanent account number, shau, within such time as may be prescribed, apply to the assessing officer for the allotment of a permanent account number,' amendment 01 34 in section 142 01 the income-tax ad in sub-section (1) in clause (i), for the words 'before the end mdion 142 of the relevant assessment year", the words, brackets and figures "within the time allowed under subsection (1) of section 139' shall be substituted 45 amend/nentof 35 in i8cllon 143 of the income-tax act, after sub-section (1a) the following sub-section shall be aec:tion 143 in rted and ,hall be deemed to have been inserted with effect from the 1st day of april, 1989, namely :--(18) where an furnlsheu rvised retum unde ub-uc:tlon (6) of mction 139 after the issue of an intimatlon, or the grant of f8fund, if any, under aub-aection (1) of this section, the provisions 50 of sub-sec:tiom (1) and (1a) of this hctlon shan apply in relation to luch revised return and-(/) the intimation already nt for any income-tax, additional income-tax or intert ahan be amended on the baslsrof the said revised retum and where any amount payabteby way of incometax, additional income-tax or interest apeclfled in the said intimation has already been paid by the then, h any auch amendment has the effect of-55 (a) enhancing the amount already paid, the intimation amended under this dause shall be sent to the apechylng the exce amount payable by him and such intimation shall be d-mtd to be a notice of demand iaued under liction 158 and au the provisions ofthla act shall iippiy accordingly; (b) reducing the amount already paid the e __ amount paid "'all be refunded to the ; (11) the amount of the ,rund -tidy granted ihd be enhanced or reduced on the baiil of the hid revised l'8turn and wh 1he amount ai refund already granted ia-5 (a) enhanced only the exce amount of refund due to the ism ahan be paid to him; (b) reduced the exena amount 10 refunded ihall be deemed to be the tax payable by the and an intimation shad be hnt to 1m epecifying the amount 10 payable and such intimation shah be deemed to be a notioi ai demand luued under section 158 and all the provisions of this ad shah apply :cordingly: 10 provided that an who has furnished a revised return under aub-aection (5) of hctlon 139 after the service upon him of the intimation under sub-aection (1) of this section, shall be liable to pay additional income-tax in relation to the adjustments made under the first proviso to clause (a) of subsection (1) and spechled in the hid intimation, whether or not he has made the said adjustments in the ,vlaed return" 4011988 15 36 in section 145 of the income-tax ad in aub-mction (1) atter the second proviso [as inserted by amelldm~nt section 52 of the direct tax laws (amendment) act 1987) the following proviso shajl be inserted and ~~ hction shall be deemed to have been in rted with effect from the 1 st day of aprh 1 as9 namely:--provided also that nothing contained in this sub-section shall preclude an s from being charged to income-tax in resped of any interest on securities received by him in a previous year h such 20 interest had not been charged to income-tax for sny eartier previous year- 37 in section 151 of the income-tax act, in sub-section (1) for the words -except by an assessing ~t officer of the rank of assistant commissioner or deputy commissioner- the words -by an asmsslng ~~1 l8dion officer who is below the rank of assistant commissioner unless the deputy commissioner is satisfied on the reasons recorded by such ass sing officer that it is a fit cue for the iuue of such notice- ahall be 25 substituted 38 after section 194e of the income-tax ~ the following section shall be in_rted with effect from the inhrtlon 01 1st day of april, 1991, namely:-;':f18ction 30 "194f the person responsible for paying to any person any amount referred to in sub-aectlon (2) of payments on section bocca shall, atthe tlmeof paymentthereof, deduct income-tax thereon althe rateottwenty per =~ of cent " 01 uni"- by mutual fuoo or unit trust of india 39 in section 246 of the income-tax act-amendment (a) in sub-section (1), in clau (i) in sub-clause (ii) the words figures and letters -section 271 c, ~!s section section 271 d section 271 e,· shall be omitted; (b) in sub-section (2) after caluse (e) the following clause shall be inserted, namely:-35 "(h) an order made by a deputy commissioner imposing a penalty under section 271 c section 271 d or section 271 e;- 40 in section 268 of the income-tax act after the words "an appeal" the words 'or an application-shall ~t be inserted ~ section 41 after section 271 b of the income-tax act, the following section shall be inserted namely:-insertion 01 new section 271bb 40 "271 bb whoever fails to subscribe any amount of subscription to the units issued under any failuf8 \0 scheme referred to in sub-section (1) of section 88a to the eligible issue of capital under that sub- ~s~l;i: section within the period of six months specified therein, may be directed by the deputy commissioner ~ 01 to pay by way of penalty a sum equal to twenty per cent of such amount 42 section 271 c of the income-tax ad shall be renumbered as sub-section (1) thereof and after sub- ~o!, 45 section (1) as 10 renumbered the following sub-section shall be inserted namely:-~71c -(2) any penalty impoaable under sub-section (1) shall be imposed by the deputy commissioner 43 section 271 d of the income-tax ajjt stiall be renumbered as sub-section (1) thereof and after sub- ~~ section (1) as so renumbered the following sub-section shall be inserted, namely:-2710 50 "(2) any penalty imposable under sub-section (1) shall be impos~ by the deputy commissioner" 44 section 271 e of the income-tax act shall be renumbered as sub-section (1) thereof and after sub- ~o!, section (1) as 80 renumbered, the following sub-aec:tion shall be inserted namely:-271 e -(2) any penalty imposable under suthection (1) shall be imposed by the deputy 55 commissioner" amendrneolo' 41 in mction 275a of thelncome-tax ad, rthe words "referred to in", the words, br~eta and figure iiciion 276a ,he second proviso to sub-section (1) or" shall be inserted 0mi1iion 01 41(1} no tax credit certlficate granted under hction 280z or section 280zc an1i be produced befo, cihidiir the aleelslng officer after the 31 atdllyof march, 1991 forthepurpoaesofsub-mction (6) ofnction 280z xxii-b or, ii the oem may be, sub-section (4) of section 280zc 15 (2) save as otherwim provided in sub-section (1), chapter xxii-b shall be omitted ameilomnlo' 47 in section 288 of the·tncome-tax ad, in sul),section (4), in clause (b) after the words "on him undar", aoiion288 the words briickets lind flguree "clause (ii) of sub-saction (1) of" shah be inserted ~ 48 the following amendments (being amendments of a consequential nature) shall be made in the jncometu act,nmefy:-10 (l) mction 80c shall be omitted with effect from the 1 st day of april, 1991; (ii) in iiction 246,-() in sub-section (1), in clause (q, in sub-clause (ii), after the word, figures and letter "section 2718: the word, figures and letters "8ec:tlon 27188," shall be inserted; (b) in sub-section (2), in clause (e), after the word, figures and letter "section 271 b", the words, 15 figures and letters "or section 271 bb" shall be inserted; (iii) in section 2738, aft the word, figures and letter ·section 271 b,", the word, figures and lettars "section 27188," shall be inserted; (iv) in the eleventh schedule, for the words, figures, letter and brackets "and section 8oj(~·, the words, figures, letters and brackets ", section 801(4) and section 88a(3)(a)(~" shall be substituted 20 wealth-taxamelldmefttof 1 in section 2 of the wealth-tax act, 1957 (hereinafter referred to as the woahh-tax ad), in clause 27 of 1m7 -'2 (ob), for the word and figures ·section 16·, the words, brackets and figures "sub-section (3) or sub-action (6) of section 16" shall be substituted and shall be deemed to have been substituted with effect from the 1 st day of april, 1989 25 ~ntof 50 in section 5 of the weahh-tax act, in sub-section (1), in clause (xxviic), with effect from the 1 st day of april,1991,-(i) after the word "state government", the words ·or i:l public sector company· shall be inserted; (ii) the following explanation shall be inserted at the end, namely:-30 'ex~tion-for the purposes of this clause, ·public sector company· means any corporation established by or under any central, state or provincial ad or a government company as defined in section 617 of the companies act, 1956;' 1 011858 ~of 51_ in section 10 of the wealth-tax ad, in sub-section (2), in clause (a), for the figures "16, 17", the figures 8nd letter·14, 15, 16, 17, 178," shall be substituted 35 amendment of 52 in section 16 of the wealth-tax act,- '8 (a) after sub-~ection (1 a), the following sub-section shall be inserted and shall be deemed to have been inserted with effect from the 1 st day of april, 1989, namely:- "(18) where an assesse8 fu~nishes a revised return under section 15 after the issue of an tntl~ation, or the grant of re!und, if any, under sub-section (1) of this section, the provisions of sub- 40 sections (1) and (1a) of this section shall apply in relation to such revised return and-(i) the intimation already sent for any weahh-tax, additional weahh-tax or interest shall be amend~ on 1m basis of the ~id revised return and where any amount payable by way of wealthtax, addhlonal w~8ith-tax or interest specified in the said intimation has already been id by the thn, if any such amendment has the effed 01-pa (a) enhancing the amou~ ire~ paid, the intimation amended under this clause shall be 46 :-"'tothe asses speclfytngthe excess amount payable by him and such intimation shall be med to ~ a notice of demand issued under section 30 and all the provisions of this act h ii apply accordingly; 8 a (bj reduc;ing the amount already paid, the excess amount paid shall be refund to t"'- ; on , &0 (ii) the amount of the rfund already granted shall be enhanced or reduced on the basis aaid revised return and where the amount of refund already granted isof the (a) enhanced, only the excess amount of refund due to the assessee shall be paid to him-(b) reduced, the excess amount so refunded shall be de ad - usess and an intimation shall be snt to the as sse s~lfy~o ~the tax payable by the 1& and such tntimation shall be deemed to be a notice of demand ~ ~amount 10 payable, the provisions of this act shan apply accordingly: i8$u un er section 30 and au provided that an s who hu fumilhed a revited return undermolion 15 atter the service upon him of the intimation tjnder iub-hdion (1) of this mction •• " be 1iabi to pay additional wealth-tax in relation to the adjustments made under the firlt proviao tdoiau •• (a) of sub-sactlon (1) and specified in the said intimation whether or not he 1'1 made the said 5 adjustments in the revised return"; (b) in sub-sectlon (4) in clause (i) for the words "befor the end of the relevant _!mnt yar" 'the words brackts and figures ·within the time allowed under sub-tec:tion (1) of section 14· shall be substituted 53 in hctlon 17 of the weaith·tax act, in sub-section (18) inciaum (a), forthewords "xeept by an amendment of 10 asuaing officer of the rank of assistant commissioner or deputy commlssione'- the words "by an mction 17 asu 1ng officer who is below the rank of assistant commissionr unless the deputy commiaionr is satisfied on the reasons recorded by such assessing officer that it is a fit c8h 'ortm issue of such notice· shan be substituted 54 after 88c1ion 35ee of the wealth-tax act the foliowing section shall be inserted namely:-lnaerton of new mellon 35eee 15 "35eee " a person contravenes any order refrred to in the hoond proviso to aulhm:tion (1) or conhimniion sub-sec:tlon (3a) of section 37 a he shall be punishable with rigorouslrnpriaonment for a term which o~"" = may ext,nd to two years and with fine,· ~rovi~ to lui>-i8ciion (1) or aub-teclion ~i of mellon 55 in section 35k of tile wealth-tax ad, in sub-section (1) for the words figur and iett,rs "'e ~ndtn,t of ment year commencing on the 1st day of april 1988 or any earlier uanament y""', the words i8ciiion 35k 2d "an sessment year" shall be substituted and shall be deemed to have bean subatituted with ffect from the 1 at day of april 1989 58 in the wealth·tax ad in schedule iii in part g,-amendment of schedule iii fa} for rule 18 the following rule shall be substituted, namely:-"18 (1) the value of the jewellery shall be estimated to be the price which it would fetch if sold in ~::~ the open market on the valuation date (here¢ter in this rule referred to as fair market value) of (2) the return of net wealth furnished by the assessee shall be supported by-(i) a statement in the prescribed form where the value of the jewellery on the valuation time does not exceed ru~ees five lakhs; (ii) a repurt of a registered valuer in the prescribed form where the value of the jewellery on the valuation date exceeds rupees 'ive iakhs (3) notwithstanding anything mentioned in sub-rule (2) the assessing officer may, if he is of opinion that the value of the jewellery declared in the retum-fa} is iss than its fair market value by such percentage or such amount as is prescribed under suth:tause (i) of clause (b) of sub-section (1) of section 16a; 35 (b) is less than its fair market value as referred to in clause (a) of sub-section (1) of section 16a, he may refer the valuation of such jewellery to a valuation officer under sub-section (1) of the said hction and the value of such jewellery shall be the fair market value as estimated by the valuation offlcer"j 40 (b) in rule 19 in the opening portion, for the words brackets and letter "ctau (b) or the words brackets and figure "sub-rule (3)0'" shall be sub8tltuted gift-tax 17 in section 9 of the gift-tax act 1958 (herein, referred to the g/ft-taxad),1n sulhection (2) in amlldll_1t of claute (a) for the figures "15,16·, the figures and letter" 314 1 516 16b· shall be subatituted mdionl , i' 45 58 in section 15 of the gift-tax act-amelldment d ndldn15, (a) after sub-section (1a) the foliowing sub-nction ,hell be inml1ed and ahall be deemed to haw been inhrted with effect from the 111 day of aprh, 1989, namely:-"(18) where an assessee fumishes a revised retum under section 14 after the ill of an intimation or the grant of refund if any under sub-salon (f) 01 thla mdidn, the provisidm of aut>-sectiona (f) and (fa) of this uaion shalt iippiy in " "auch rwihd return md-- (/) the intimation already sent for any gift-w additional glft-tax or interest shal be amended on ttlebais of t said revised-urn and wmre my amountpl¥llblebrwardfglmax, addiiidnai gil-tax or inter specilied in the id intimiiiion has ndy beenjlllld ~ n •• then, - any such amendment 1'1 the effed of-(a) enhancing the amount already paid, the intimation amended under thia ,cieuse shall be nttoth specifying thexees amountpayabl by him and such intlmltlon shall be deemed to be a notice of dmand isued undr ectlon 31 and all the provlaionsot this act shall iippiy accordingly; 5 (b) reducing the amount already paid, the exce amount paid shall be refunded to the assessee; (ii) the amount of the refund already granted shall be enhanced or reduced on the basis of the said revimd return and where the amount of refund already granted isfa} nhanced, only the exce amount of refund due to the biiess" shan be paid to hin; 10 (b) reduced, the excess amount 80 refunded shall be deemed to be the tax payable by the and an intimation shall be sent to the see specifying the amount 80 payable, and such intimation shall be deemed to be a notice of demand issued under section 31 and all the proviions of this ad shan apply accordingly: provided that an as ssee, who h furnished a rvisad retum under section 14 after the 15 service upon him of the intimation under ub-mctlon (1) of this section, shall be liable to pay additional gift-tax in relation to the adjustments made under the first proviso to clause (a) of ub-section (1) and specified in the said intimation, whether or not he has made the said adjustments in the revisad return"; (b) in sub-ection (4) in clause (i) for the words "baforethe end of the relevant assessment year", 20 the words, brackets and figures "within the time allowed under sub-section (1) of section 13- shall be substituted amendment 01 5 •• in edion 16 of the gift-tax ad, in sub-section (18) in clause (a), for the words -except by an i8ciion 16 as 1ng officer of the rank of assistant commissioner or deputy commisioner" the words "by an assessing officer, who is below the rank of assistant commissioner, unles the deputy commissioner is 25 atisfied on the reasons recorded by such assssing officer that it is a fit case for the isue of such noticeshall be substituted chapter iv ~direct taxes customsamendment 01 act 52 of 1962 eo in the ~atom ad, 1962 (hereinafter refrred to as the customs act),-(a) in section 129c, for sub· section (5), the followillg sub-section shall be substituted, namely:--(5) if the members of a bench differ in opinion on any point, the point hall be decided according to the opinion of the majority, if thre is a majority; but if the members are equally divided, they shall 35 state the point or points on which they differ and make a reference to the preident who hall eithr hearthe point or point hims1f or refer the case for hearingon such point or points by on or more of the other members of the appellate t rbunal and uch point or point shall be decided according to ~he ~nlon of the majority of these members of the appellate tribunal who have heard the case including thom who first heard it -; , 40 (b) after ectlon 154, the following section shall be in rted, namely:-rounding off of duty etc -154a the amount of duty, interet, penalty, fine or any other sum payable, and the amount of refund, drawt:k or any othr um dua, under the provisions of this act hall be rounded off to the narest rupee and, for this pu~ •• , where uch amount contains a part of a rupee consisting of pai then, if such part is fifty pals or more,lt shall be increased to one rupee and ifuch part is 18ss 45 than fifty palm it 1hall be ignored - 11 the customs tariff ad, 1975 (hereinafter rrred to as the custolm tariff act) hah be __ l if, the manner apecilad in the second schedule ' am _ amelldment 01 act 51 ot le7!5 ~~~,i~':nca;: ~im=:s ~::= ~~ to the customs tariff ad, or in that cu8t~ios anof~~~ual to fifty per oent ~ the value of the good ~d:~:~ ': :x,~~::zwltdutyh thofe 50 prov ns ~, '4 of the cystoms ad (2) sub-mction (1 ) aha/i ons to have ded after the 31 at day of march 1981 nd· section 6 of the general clause ad 1897 shalllppiy _if the said i' , ___ 't_ h'ad a ~n such ce er central ltd ' , ~in" """,,, repealed bv a cus:-r:-~ ~! customs " to in iub iiction (1) shall be in addition to any dutl of force gooda under the cuatome ad, or any other law for the time being in (4j the prowiiioneofthe cueioma act and the ruleeand ," rnldethereunder reiiilng to"md exempiioni from duiiei ihii ' inctuding thom ooilec1ion of'tht uxiiiary duiiee of customi ~ ::,-~ may be, ~ in reiidion to the levy and 10 u mction in rhplct of any good as t~ apply in relation to the levy and collection of the duties of cuiloms on such goods under that ad or thole ni and regulations, as the cue mlv be excise5 13 in the central exctaea and salt act, 1044 (herelnllfter referred to as the central excii ad), after amelanent hclion 37c, the following uction shall be lnaerted, namely:-of act 1 of 1944 10 "370 the amount of duty, interest, penalty, fine or any other sum payable, and the amount of refund roundina off or any other sum due, under the provisions of this ad ahan be rounded off to the nearmt rupee and, for of cljty, • thie purpose, where such amount contains a part of a rupee consisting of pii_then, if such part ie fifty pm- or more, it shall be increased to one rupee and if such part ie less than fifty pili_it shall be ignored- m the central excise tariff ¥, 1985 (hereinafter referred to as the central excise tariff act) shall an18i anent be amended in the manner specified in the third schedule ~~ 5 of 15 (1) in the cae of goods chargeable with a duty of excise under the central exc_ ad, as ~ amended from time to time, read with any notificlllion for the time being in force issued by the cernral dud;el of 15 government in relation to the duty 10 chargeable (not being a notification providing for any exemption for elcclm giving credit with reaped to, or reduction of duty of excise under the said ad on such goods equal to, any duty of exclae under the said ad, or the additional duty under section 3 of the customs tariff ad, already paid on the raw material or component parts used in the production or manufacture of such goods), there shall be levied and collected a special duty of exelse equal to ten percent of the amount 10 chargeable on 2d such goods (2) sub-section (f)shall cease to have effect after the 31st day of march, 1991, and upon such cesser section 6 of the general clauses ad, 1897, ahall apply as if the said sub-tection had been repealed by a central ad (3) the special duties of excise referred to in sub-sectlon (1 )shall be in addition to any duties of excise 25 chargeable on such ~s under the central excises act or any other law for the time being in force (4) the provisions of the central excises ad and the rul made thereunder inctuding those relating to refunds and exemptions from duties, ahall, as far as may be, apply in relation to the levy and collection of the special duties of exeleleviable under this section in respect of any goods as they apply in relation to the levy and collection of the duties of excise on such goods under that act or those ruias, as the case 30 may be 66 the additional duties of excise (goods of special importance ) ad, 1957 (hereinafter referred to as amendment the additional duties of excise ad), shall be amended in the manner specified in the fourth 0~7 68 of schedule 1 87 in section 3 of the additional duties of exelse (textiles and textile articles) act, 1978, in sub- amendment 36 section (1), for the words 'ifteen per cent", the words -wenty per cent" shall be substituted of ai::t 40 of 1978 68 the khadi and other handloom industries development (additional excise duty on cloth) act, repeal of 1953 is hereby rnaaied act 12 of , ,_ 1953 chapter v ~land air travel taxh inthe finance ad, 1989, with effect from such date as the central government may, by notification ~i of¥! 130, in the official gazette, appoint-1989 (a) in section 41, for clause (d), the following clause shall be substituted, namely:-'(d) "fare-means the total amount of an charg of whatever nature (including charges, if any for provision of food or accommodation) payable to the carrier by or on behalf of a passenger in respect of his inland journey;'; (b) in section 42, in sub-section (1) the words· where the fare for such journey is paid in indian currency,- shall be omitted chapter vimiscellaneous 70 in the indian poet offici ad 1898 for u, first schedule the following schedule shall be subltltuted namely:- "the first schedule (s section 7) ~d postage rates l",| for | a | weight ||---------------------------|---------|----------------|| ra | | || exceeding | | || twenty | | || grams | | || for | | || wary | | || twenty | | || grams, | | || or | | || fr:tlon th«ear, exchdlng | twenty | grams || re100 | | || re1oo | | || 10 | | || for | | || aletler-card | | || 75 | | || paise | | || pott | | || em | | || (not | | || being | | || pott | | || cards | | || conrining | prlnt«l | communication) || 15 | | || paise | | || single | | || reply | | || 30 | | || paise | | || 15 | | || poet | | || card, | | || containing | prlnt«l | communication || for | a | || pam | | || card | | || 60 | | || paise | | |expmmtlion-a post card shah be deemed to contain a printed communication if any matter (except the name and addr of and ather particulars relating to, the sender and the place and date of duplllch) is recorded by printing or by cydolty~ng or by any other mechanical process, not being typewriting, on any pan of the pam cird except the rlghthand half of the address-side thereof book, /mttern wid sample pacl<ets for the first fitly grams or fraction thereof re100 for every additional ona hundred grams, or fraction thereof in excess of fifty grams re100 registered newspapers 25 for i weight not exceeding fifty grams 15 paise for a weight exceeding fifty grams but not exceeding one hundred grams 25 paise for every additional one hundred grams or fraction thereof, exceeding one hundred grams 10 paisa in the case of more than one copy of the same issue of a registered newspaper being carried in the same pac:k8t-30 for a weight not exceeding one hundred grams 25 paisa for evary additional one hundred grams or fraction thereof, exceeding one hundred grams 10 paise: provided that such packet shall not be delivered at any addressee's residence but shall be given to a recogni88d agent at the post office pliicfiis 36 for a weight not excmdlng five hundred grams for every five hunched gr""s, or fraction thereof, exceeding five hundred grams rs600 rssoo- deciantiionunder the prow", collection of taxes act 1931it 18 heraby declared that lis expedient in the public interest that the provisions of clauses 81, 82, 84,85, 68 and 87 of this blllhaii have immediate effect underthe provisional collection of eo tuii act, 1931 part i inoome·tax paragraph a sub-paragraph i ~n the case of every individual or hindu undivided fam~y or unregistered firm or other association of persons or body of individuals, whether incorporated or not, or every artificial juridical person referred to in suth:lause (vii) of clause (31) of section 2 of the income-tax act, not being a case to which sub-paragraph ii of this paragraph or any other paragraph of this part 10 applles,- rates of income-tax(1) where the total income does not exceed rs 18,000 nil; (2) where ihe total income exceeds as 18,000 but does not exceed rs 25,000 20 per cent of the amount by which the total income exceeds rs 18,opo; 15 rs 1,400 plus 30 per cent of the amount by which the total income exceeds rs 25,000; (3) where the total income exceeds rs 25,000 but does not exceed as 50,000 rs 8,900 plus 40 per cent of the amount by which the total income exceeds rs 50,000; (4) where the total income exceeds as 50,000 but does not exceed rs 1,00,000 (5) where the total income exceeds rs 1,00,000 20 rs 28,900 plus 50 per cent of the amount by which the tolal income exceeds as 1,00,000 the amount of income-tax computed in accordance with the preceding provisions of this sub-paragraph shall, in the case of every person having a total income exceeding fifty thousand rupees, be increased by a surcharge for purposes of the union calculated at the rate of eight per cent of such income-tax: 25 provided that no such surcharge shall be payable by a non-rident sub-paragraph /iin the case of every hindu undivided family which at any time during the previous year has at least one member whose total income of the previous year relevant 10 the assessment year commencing on ihe 1 st day 01 april, 1 990 exceeds rs18,000,- 30 rales of income-lax(1) where the total income does not exceed rs12,ooo nil; 25 per cent of the amount by which ihe lotal income exceeds rs12,ooo; (2) where the total income exceeds rs 12,000 but does not exceed as 20,000 rs 2,000 plus 30 per cent of the amount by which the lolal income exceeds as 20,000; (3) where the total income exceeds rs 20,000 bul does not exceed rs 40,000 35 rs 8,000 plus 40 per cent of the amount by which the lotal income exceeds rs 40,000; (4) where! the total income exceeds rs 40,000 but does not exceed rs 60,000 (5) where the tolal income exceeds rs 60,000 but does not exceed as 1,00,000 rs 16,000 plus 50 per cent of ihe amounl by which ihe lolal income exceeds as 60000; 40 (6) where the total income exceeds rs 1,00,000 rs 36,000 plus 55 per cent of the amount by which the total income exceeds rs 1,00,000 the amount of income-tax computed in accordance with the preceding provisions of this sub-paragraph shall, in the case of every person having a total income exceeding fifty thousand rupees, be increased by a surcharge for purposes of ihe union 45 calculated at the rate of eight per cent of such income-tax: provided that no such surcharge shall be payable by a non-resident paragraph bin the case of every co-operative society,-ralc~ of income-wx 15 per cent of the lolal income; 50 (1) where ihe total income does not exceed rs 10,000 ai 1,500 pllh 25 per cenl 01 ihe amounl by which ihe lolal ill(:ome exceds rs 1 0000; (2) where the total income exceeds as 10,000 but does not exceed rs 20,000 (3) where the total income exceeds 81 20,000 ~ 4,000 pllu40 per cent of the amount by which the tolal income exceeds rs 20,000 surc,""gt 0" income-faxthl amount of income-tax computed in accordance with the preceding provisions of this paragraph shall, in the ca •• of every pei'ior having a total income exceeding fifty thousand rupees, be increased by a surcharge for purposes of the union calculated at the rate of eight per cent of such income-tax 5 paragraph c sub-paragraph iin the cam of every registered firm not being ii cae to which sub-paragraph ii of this paragraph appiies,-ralls 0/ incomt-lax (1) where the total income does not exceed as 10,000 nil; (2) where the total income exceeds as 10,000 but does not 5 per cent of the amount by which the total income exceeds 10 exceed as 25,000 as 10,000; as 750 plus 7 per cent of the amount by which the total income exceeds as 25,000; (3) where the total income exceeds as 25,000 but does not exceed as 50,000 (4) where the total income exceeds as 50,000 but does not exceed as 1,00,000 as 2,500 plus 15 per cent of the amount by which the total income exceeds as 50,000; 15 (5) where the total income exceeds as 1,00,000 as 10,000 plus 24 per cent of the amount by which the total income exceeds as 1,00,000 the amount of income-tax computed in accordance with the preceding provisions of this sub-paragraph shall, in the case of every person having a total income exceeding fifty thousand rupees, be increased by a surcharge for purposes of the union 20 calculated at the rate of eight per cent of such :ncome·tax sub-paragraph /i in the case of every 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,-ralet 0/ income-lax 25 (1) where 'he total income does not exceed as 10,000 nil; (2) where the total income exceeds as 10,000 but does not exceed as 25,000 4 per cent of the amount by which the total income exceeds as 10,000; (3) where the total income exceeds as 25,000 but does not exceed as 50,000 as 600 pluf 7 per cent of the amount by which the total income exceeds as 25000; 30 (4) where the total income exceeds as 50,000 but does not exceed as 1,00,000 as 2,350 plus 13 per cent of the amount by which the total income exceeds as 50,000; (5) where the total income exceeds as 1,00,000 ~s 8,850 plus 22 per cent of the amount by which the total income exceeds as 1,00,000 surcharge on income-lax 35 the amount 01 income·tax computed in accordance with the ad' every person h;oving - total income exceeding fifty thousand r~rec ': ~rovlslons of this sub-paragraph shall, in the case 01 calculated at the rate of eight per cent of such'income-tax pees, increased by a surcharge for purposes of the union explanalion~or the purposes of this paragraph, "registered firm" i i d under clause (b) of section 183 of the income-tax act nc u es an unregistered firm assessed as a registered firm 40 paragraph din the case of every local authority,-rale 0/ income-lax on the whole of the total income so percent surcharge on income-ua the amount of income ax computed at the rate herei~before ecif' 45 exceeding fifty lhou18nd ruphi, be increased by • 'lufch- sp ied shall, in the case of every person having a total income cent of tuch incometax , ~ve for rurposes of the union,cabjtated at the tale of eight per paragraph ein the case of a company,- rales of income-laxi in the case of a domestic company,-5 (1) where the company is a company in which the public are substantially interested 50 per cent of the total income; (2) where the company is not a company in which the public are substantially interested-(i) in the case of a trading company or an investment company 10 (ii) in any other case | 60 | per ||---------|--------------------|| income; | || 55 | || per | cent of the total || income | |ii in the case of a company other than a domestic company,-(i) on so much of the total income as consists of-15 (a) royalties received from government or an indian concern in pursuance of an agreement made by it with the government or the indian concern after the 31 st day of march, 1961 but before the 1 st day of april, 1976, or (b) fees for rendering technical services received from government or an indian concern in pursuance of an agreement made by it with the government or the indian concern after the 29th day of february, 1964 but before the 1st day of april, 1976, and where such agreement has, in either case, been approved by the central government 20 50 per cent; (ii) on the balance, if any, of the total income 65 per cent the amount of income-tax computed in accordance with the provisions of item i of this paragraph shall, in the case of eyery person having a total income exceeding fifty thousand rupees, be increased by a surcharge calculated at the rateot eighi per 25 cent of such income-tax part ii rates for deducfion of tax at source in certain casesin every case in which under the provisions of sections 193, 194, 194a, 1948, 19488, 1940 and 195 of the income-tax ad, tax is to be deducted at the rates in force, deduction shall be made from the income subject to deduction at the following rates;-30 rate of income-tax --------;;;;;,;,;;;;~~--- ---1 in the case of a person other than a company-(a) where the person is resident in india-1 0 per cent; (i) on income by way of interest other than "interest on securities· 40 per cent; (ii) on income by way of winnings from lotteries and crossword puzzles 40 per cent; (iii) on income by way of winnings from horse races 35 10 per cent; (iv) on income by way of insurance commission 10 per cent; 40 (v) on income by way of interest payable on-(a) any security, other than a tax-free security, of the central or a state government; (b) any debentures or other securities for money issued by or on beh" of any local authority or a corporation established by a central, state or provincial act; (c) any debentures issued by a company where such debentures are listed on a recognised stock exchange in india in accordance with the securities contracts (regulation) act,1956 and any rules made thereunder; (vi) on any other income (excluding interest payable on a tax-free security) 20 per cent; 45 20 per cent; (b) where the person is not resident in india-(i) in the case of a non-resident indian-(a) on investment income and long-term capital gains 15 per cent; (b) on income by way of interest payable on a tax-free security 40 per cent; (c) on income by way of winnings from lotteries and crossword puzzles 50 40 per cent; (d) on income by wlif of winnings from 110 r"" (e) on the whole of other income income-tax at 30 per cent of the amount of income or 5 income-tax in respect of the income at the rats prescribed in sub-paragraph i of paragraph it of part 111 of this schedule, 10 if such incolm had been the total income, whichever is higher; 15 per cent; 15 (ii) in the ca of any other person-(a) on income by way of interest payable on a tax-free security 40 per cent; (b) on income by way of winnings from lotteries and crossword puzzles 40 per cent; (c) on income by way of winnings from horse races (d) on the whole of the other income income-tax at 30 per cent of the amount of income 20 or income-tax in respect of the income at the rates prescribed in sub-paragraph i of paragraph a of 25 part 111 of this schedule if such income had been the total income, whichever is higher 30 2 in the cae of a company-(a) where the company is a domestic company-20 per cent; (i) on income by way of interest other than "interest on securities· 40 per cent; iii) on income by way of winnings from iotleries and crossword puzzles 40 per cent; (iii) on income by way of winnings from horse races 215 per cent; 35 (iv) on any other income (excluding interest payable on tax-free secur~y) (b) where the company is not a domestic company-| 25 | per cent: ||--------------------|----------------------|| (i) | || on | income || by | || way | of || 40 | per cent; || (li) | || on | income || 40 per cent; | || (iii) | || on | income || of | || winnings | from || 25 | per cent; || 40 | || (iv) | on || by | || way | of || by | || government | or || borrowed | or || by | || government | or || 30 | per cent; || 45 | || (v) | on || pursuance | || of | || an | agreement || after the 31st day | || of | mihch, || transfer | || of | all || in | a:y || book | || on | a || (1 | || a) of section | 115a || of | the income-tax || act, | || to | the || (vi) | || on | income || by | || way | of royalty [not || (b)(v») | || payable | by || made | || by | || it | || with | || the | govemment || which | || has | been || by | || 50 | || the | central government,- || (a) | || where | the || day | of || (b) | || where | the || (vii) | || on | income || by | || way | of || concem | in || by | || it | || with | the || concern | and || by | || the | central || (a) | || where the | agreement || the | || 29th | day || of | || february, | || 1964 | but || the 1st day of | || april, | || 1976 | |(b) where the agreement is made after the 31st day of march, 1976 30 per cent; (viii) on income by way of interest payable on a tax-free security 44 per celit; (ix) on any other income 65 per cent 5 explanalion-for the purposes of this part, "investment income", "long-term capital gains" and "non-resident indian" shall have the meanings assigned to them in chapter xii-a of the income-tax act the amount of income-tax deducted in accordance with the provisions of-(a) sub-item (a) of item 1 of this part shall be increased by a surcharge for purposes of the union, and (b) sub-item (a) of item 2 of this part shall be increased by a surcharge, 10 calculated at the rate of eight per cent of such income-tax paat iii rates for calculating or charging income·tax in certain cases, deducting income-tax from income chargeable under tile head salaries" and compl1i1ng "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 15 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 "salaries" or in which the "advance tax" payable under chapter xvii-c of the said act has to be computed at the rate or rates in force, such income-tax or as the case may be, "advance tax" (not being "advance tax" in respect of any income chargeable to tax under chapter xii or chapter xii-a or sub-section (la) of section 161 or section 164 or section 164a or section 1678 of the income-tax act at the rates as 20 specified in that chapter or section or surcharge on such "advance tax" in respect of any income chargeable to tax under section 1158), shall be calculated, charged, deducted or computed at the following rate or rates:-paragraph a sub-paragraph t in the case of every individual or hindu undivided family or unregistered firm or other association of persons or body of 25 individuals, whether incorporated or not, or every artificial juridical person referred to in sub-clause (vii) of clause (31) of section 2 of the income-tax act not being a case to which sub-paragraph ii of this paragraph or any other paragraph of this part applies,- rates of income-tax(1) where the total income does not exceed rs 22,000 nil; 30 (2) where the total income exceeds rs 22,000 but does not 20 per cent of the amount by which the total income exceeds exceed as 30,000 as 22,000; (3) where the total income exceeds as 30,000 but does not as 1,600 plus 30 per cent of the amount by which the total exceed rs 50,000 income exceeds as 30,000; (4) where the total income exceeds rs 50,000 but does not exceed rs 1,00,000 35 (5) where the total income exceeds as 1,00,000 rs 7,600 plus 40 per cent 01 the amount by which the total income exceeds rs 50,000; rs 27,600 plus 50 per cent of the amount by which the total income exceeds as 1,00,000 surcharge on income-tax the amount of income-tax computed in accordance with the preceding provisions of this sub-paragraph shall,-40 (i) in the case of every individual, hindu undivided family or association of persons or body of individuals referred to in ~ections 88 and 88a having a total income exceeding seventy-five thousand rupees, be reduced by the amount of rebate of income· tax calculated under chapter viii-a, and the income- tax as so reduced, (ii) in the case 01 every person, other than those mentioned in item (i), having a total income exceeding seventy-five thousand rupees, 45 be increased by a surcharge for purposes 01 the union calculated at the rate of eight per cent of such income-tax: provided that no such surcharge shall be payable by a non-resident sub-paragraph /i ' , in the case of every hindu undivided family which at any time during the previous year has at least one member whose totallnoome of the previous year relevant to the assessment year commencing on the 1st day of april, 1991 exceeds rs 22,000,-rates of income-lax 50 55 (1) where the total income does not exceed rs 12,000 nil; (2) where the total income exceeds as 12,000 but does 25 per cent of the amount by which the total income exceeds not exceed rs 20,000 rs 12000; (3) where the total income exceeds rs 20,000 but does rs 2,000 plus 30 per cent of the amount by which the total not exceed rs 40,000 income exceeds rs 20,000; (4) where the total income exceeds rs 40,000 but does rs 8,000 plus 40 per cent 01 the amount by which ttle total not exceed as 60,000 income exceeds rs 40,000; 28 as 18,000 plus 50 per cent am the amount by which the total income exceeds rs 60,000; (5) 1he tatiilncome uceeda re 80,000 but doea nat exceed ra 1,00,000 (6) where the total income exceeds rs 1,00,000 as 36,000 plus 55 per cent of the amount by which the total income exceeds rs 1,00,000 surcuuge oil income-lax 5 the amount of income-tax computed in accordance with the preceding provisions of this sub-paragraph shall, in ~he case of wery person having a total income iixceeding seventy-five thousand r",pees, be reduced by the amount of rebate of income-tax calculated under ch~er viii-a and the income-tax as so reduced be increased by a surcharge for purposes of the union calculated at the rate of eight per cent of such income-tax: provided that no mlch surcharge shall be payable by a non-resident 10 paragraph bin the case of every co-operative society,-rales of income-tax rs 1,500 plus 25 per cent of the amount by which the totai' 15 income exceeds rs 10,000; 15 per cent of the total income; (1) where the lotallncome does not exceed rs 10,000 (2) where the total income exceeds as 10,000 but does not exceed rs 20,000 (3) where the total income exceeds as 20,000 rs 4,000 plus 40 per cent of the amount by which the total income exceeds rs 20,000 the amount of income-tax computed in accordance with the preceding provisions of this paragraph shall in the case of every 20 person having a total income exceeding seventy-five thousand rupees be increased by a surcharge for purposes of the union calculated at the rate of eight per cent of such income-tax paragraph c sub-paragraph iin the case of every registered firm, not being a case to which sub-paragraph ii of this paragraph applies,-25, rates of income-lax (1) where the total income does not exceed rs 15,000 nil; (2) where the total income exceeds rs 15,000 but does not exceed rs 50,000 6 per cent of the amount by which the total income exceeds rs 15,000; (3) where the total income exceeds rs 50,000 but does not exceed rs 1,00,000 rs 2100 plus 12 per cent of the amount by which the total 30 income exceeds rs 50,000; (4) where the total income exceeds rs 1,00,000 rs 8,100 plus 18 per cent of the amount by which the total income exceeds rs 1 ,00,000, the amount of income-tax computed in accord 'th th d' , every person having a total inco d' ance wi e prece ing provisions of this sub-paragraph shall, in the case of 35 union calc:ulated at the rate of e~ehtuxcee 109 sfeventy,-five thousand rupees, be increased by a surcharge for purposes of the 19 per cent 0 such income-tax sub-paragraph ii'" the cue 01 every reglltered firm whose total income includes i d' ' so included is not less than fifty-one per cent of such total i"com,::e erlved from a profession carned on by it and the income 40 rates of income-lax (1) where the total income does not exceed rs 15,000 nil; (2) where the total income exceeds rs 15,000 but does not exceed rs 50,000 5 per cent of the amount by which the total income exceeds rs15,000; (3) where the total income exceeds rs 50,000 but does not exceed as 1,00,000 ~s 1,750 plus 1<> per cent of the amount by which the total 45 income exceeds rs 50,000; (4) where the total income exceeds rs 1,00,000 ~s 6,750 plus 15 per cent of the amount by which the total income exceeds rs 1,00,000 slu'chdrge 011 incomt-iqthe mount of income-tax computed in accordnce with the preceding ~n of thii sub-paragrllph thall, in the cue of every person having total income exceeding hventy-five thou nd rupees, be incremd by a surcharge for purpoaea oft" union calculated at the rate of eight per cent of such income-tax 5 explamtlon- for the purpo of thll p_agraph, "reg cf firm- indudet , unregiltered firm ed a registered firm under clauu (b) of section 183 of the lnoome-tax ltd paragraph din the case of every local authority,-on the whole of the total income 50 per cent 10 surcharge 011 ucome-mthe amount of income-tax computed at the rate hereinbefore specified haii, in the cue of every person having a total income exceeding seventy-five thousand rupees, be increased by a surcharge for purposes of the union calculated al the rate of eight per cent of such income-tax 15 in the case of a company,-paragraph e rates of illcome-taxi in the case of a domestic company,-(1) where the company is a company in which the public are substantially interested 20 40 par cent of the total income; (2) where the company is not a company in which the public are substantially interested-(i) in the case of a trading company "or an investment company (ii) in any other case 50 per cent of the total income; 45 per c,nt of the total income 25 ii 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 government or an indian concern in pursuance of an agreement made by it with the government or the indian concern after the 31st day of march, 30 1961 but before the 1 st day of april, 1976, or (b) fees for rendering technical services received from government or an indian concern in pursuance of an agreement made by it with the govemment or the indian concem after the 29th day of february, 1964 but before the' st day of april, 1976, 50 per cent; and where such agreement has, in either case, been approved by the central government (ii) on the balance, if any, of the total income 65 per cent 35 surcharge 011 income-taxthe amount of income-tax computed in accordance with the provisions of item lof this paragraph shall, in the case of every person having a total income exceeding seventy-five thousand rupees, be increased by a surcharge cak:ulat~ at the rate of eight per cent of such income-tax partn40 [see section 2 (9) (e)j rules r>r oomptjratlon of net agricul1ljral inoomerule l-agricultural income of the nature referred to in sub-clause (a) of clause (la) of sedion 2 of the income·tax ad shall be computed as if ~ were income chargeable to income-tax under that act under the head -income from other sources· and the provisions of sections 57 to 59 of that act shall, so far as may be, apply accordingly: 45 provided that sub-section (2) of section 58 shall apply subject to the modification that the reference to section 40a therein shall be construed as not including a reference to sub-sections (3) and (4) of section 40a rule 2-agricultural income of the nature referred to in sub-clause (b) or sub-claus (c) of clause (la) of section 2 of the income-tax act [other than income derived from any building required a a dwelling house by the receiver of the rent or revenue or the cultivator or the receiver of rent-in-kind referred to in the said sub-clause (c)) shall be computed as if it were income chargeable to incometlx unci, that ~ under the held -profits and giins of business or profession- and the provisions 0' sections 30 31 32 36,37 38 ~o 40a lothef than sub-mctioos(j)ane:l (4) thereat) 4143 43a, 438 and 43c ~:~ lnc:ome·~ act shall so far as may be apply accordingly rule 3,-agricultural income 0' the nature referred to in sub-clause (e) of clause (la) of netlon 2 6rthe ,income-tax act ,being income derived 'rom any building requinid •• dwiiftghduse bv the receiwr of the 1wit· or revenue or !he c'iditivabr or thencetver of 5 rent-in-kind referred to in the said sub-clause (e) shall be computed as h it were income chargeable tolncome-tax under that act under the head -income from house property- and the provisions of sections 23 to 27 of that act shall so 'ar as may be apply accordingly, rule 4,-notwithstanding anything contained in any other provisions of these rules in a g:uewherethe assen,·dfrives income from sale of tea grown and manufactured by him in india such income shall be computed in accordance with rule 8 of the 10 income-tax rules 1962 and sixty per cent of such income shall be regarded as the agricultural income 0' the assessee rule 5-where the ess is a partner of a registered firm or an unregistered firm assessed as a raglstered firm under clause (h) of section 183 of the income-tax act which in the previous year has any agricu~ural income or is a partner of an unregistered firm which has not been assessed as a registered firm under clau,e (b) of the said section 183 and which in the previous year has either no income chargeable to tax under the income-tax act or has total income not exceeding the maximum amount not 15 chargeable to tax in the case of an unregiltered firm 'but has any agricultural income then the agricu~uraj income or loss of the firm shall be computed in accordance with these rules and his share in the agricultural income or loss of the firm shall be computed in the manner laid down in sub-section (/ ) sub-section (2) and sub-section (3)of section 67 of the income-tax act and the share so computed shall be regarded as the agricultural income or loss of the assessee, rult 6,-where the assessee is a member of an association of persons or a body of individuals (other than a hindu undivided 20 family •• company or a firm) which in the previous year has either no income chargeable to tax under the income-tax act or has total income not exceeding the maximum amount not chargeable to tax in the case of an association of persons or a body of individuals (other thall a hindu undivided family a company or a firm) but has any agricu~ural income then the agricultural income or loss of the association or body shall be computed in accordance with these rules and the share of the assessee in the agricu~ural income or loss so computed shah be regarded as the agricultural income or loss of the assessee, 25 rille 7,-where the result of the computation for the previous yesr in respect of any source of agricultural income is a loss such loss shall be set off against the income of the assessee if any for that previous year from any other source of agricultural income: provided that ~here the assessee is a partner,of an unregistered firm which has not been assessed as a registered firm under clause (b) of section 183 of the income-tax act or is a member of an association 0' persons or a body of individuals and the share of 30 the assesse~ in the ~ricultural income of the firm association or body as the case may be is a loss such loss shall not be set off against any income of the asssse from any other source of agricultural income, ruk 8,-any su~ payab~ by the as~essee on account of any tax levied by the state government on the agricultural income shall be deducted in computing the egrtcu~ural income, rule 9,~ j ~ where ~he assessee has in the previous year relevant to the assessment year commencing on the 1 st day of april 35 1990 any agncu~urallncome and the net result of the computation of the agricultural income of the assessee for anyone or more of the prevlo~s years relevant to the assessment years commencing on the 1 st day of april 1982 or the 1 sl day of april 1983 or the 1 sl day of april 1984 ~r the 1 st ,day of april 1985 or :he 151 day of april 1986 or the 151 day of april 1987 or the 1 st day of april 1988 or the 1st day of april 1989 is a loss, then, forthe purposes of sub-section (2) of section 2 of ihis act,-(0 the ~ss so computed lor the previous year relevan~ to the assessment year commencing on the 1 st day of april 1982 to 40 the extent if any such io~s has not been set o~ against the agricultural income for the previous year relevant to the assessment year commencing on the 1 ~t day of april 1983 or the 151 day of april 1984 or the 1 st day of april 1985 or the 1 st day of april 1986 or the 1st day of april 1987 or the 1st dayot april 1988 or the 1st day of april 1989, (ii) the los,s so computed for the previous year rlevan~ to the assessment year commencing on the 1 st day of april 1983 to the extent if any such, loss has not ueen set, off against the agricultural income for the previous year relevant to the 45 af~s~lm~9nt8y7ear co h ~menctd ng on th~ 1 st day of aprh 1984 or the 1 st day of april 1985 or the 1 st day of april 1986 or the 1st day o pn - or test ay of april, 1988 or the 1 st day of april 1989 - t th(jjj) the 10~,s so computed for the previous yur relevant to the assessment year commencing on the 1 st day of april 1984 o e extent i any such, loss has not been set off against the agricultural income for the previous year relevant' to th~ assessment year commenetng on the 1 at day of aprh 1985 or the 1st d f apr'i 1986 of april 1988 or the 1st day of april 1989,' , ay 0 i or the i st day of april 1987 or the 1 sl day 50 to th~\i~~!:n~~: :y~:~~~s~rh~: ~::v=/::: ~~-:;:~n~t t~ee ass~~~ent ~ear commencing on ,the 1 st day of april 1985 assessment year commencing on the 1 at d f ap'1 1986 th ag u ural income for the previous year relevant to the of april 1989 ay 0 n or e 1 sf day of april 1987 or the 1st day of aprn 1988 or the 1 sl day 55 to thz ~~:;s~ :~~:~a::r ~~: ~:tv= yea; re:vant to tn; asse~sment year commeneing on the 1 st day of april 1986 aasessment year co~mencing on the 1 at day" ~ap0 'j ~g9~~st t he agricultural in~me for the previous year relevant to th~ on or t e 1st day of april 1988 or the 1 at day of april 1989 (vi) the loss so computed tor the previous year relevant to the assessment : to the extent, if any such loss has not been set off against the a ricultur ~ear commencing on the 1 st day of april 1987 assessment year commencing on the 1st day of april 1988 or the l~t day or~i~~~~~8~r the previous year relevant to ihe (vii) the loss 10 computed for the previous year relevant to the assessment year commencing on the 1 st day of april, 1988, to the extent, h any, such ioss has not been set off against the agricultural income for the previous year relevant to the assessment year commencing on the 1 st day of april, 1989, and (viii) the los8 so computed for the previous year relevant to the assessment year commencing on the 1st day of april, 1989, 5 shall be set off against the agricultural income of the assessee for the previous year relevant to the assessment year commencing on the 1st day of april, 1990 10 (2) where the assessee has, in the previous year relevant to the as sment year commencing on the 1st day of april, 1991 or; if by virtue of any provision of the income-tax act, income-tax is to be charged in respect of the income of a period other than that previous year, in such other period, any agricultural income and the net result of the computation of the agricultural income of the ass88888 for anyone or more of the previous years relevant to the ament years commencing on the 1 st day of april, 1983 or the 1 st day of april, 1984 or the 1st day of april, 1985 or the 1st day of april, 1986 or the 1st day of april, 1987 or the 1st day of april, 1988 or the 1 st day of april, 1989 or the 1st day of april, 1990, is a loss, then, for the purposes of sub-section (8) of sadion 2 of this act,-15 (i) the loss so computed for the previous year relevant to the assessment year commencing on the 1st day of april, 1983, to the extent, if any, such loss has not been $et off against the agricultural income for the previous year relevant to the assessment year commencing on the 1st day of april, 1984 of the 1st day of april, 1 gas or the 1s1 day of april, 1986 or the 1st day of april, 1987 or the 1st day of april, 1988 or the 1st day of april, 1989 or the 1st day of april, 1990, 20 (ii) the loss so computed for the previous year relevant to the assessment yar commencing on the 1 st day of april, 1984, to the extent if any, such loss has not been set off against the agricultural income for the previous year relevaoj to the assessment year commencing on the 1 st day of april, 1985 or the 1st day of april, 1986 or the 1st day of april, 1987 or the 1 sf day of april 1988 or the 1 st day of april, 1989 or the 1 st day of april, 1990, (iii) the loss so computed for the previous year relevant to the assessment year commencing on the 1 st day of aprii, 1985, to the extent, if any, such loss has not been set off against the agricultural income for the previous year relevant to the assessment year commencing on the 1 st day of april, 1986 or the 1st day of april, 1987 or the 1st day of april, 1988 or the 1st day of april, 1989 or the 1 st day of april, 1990, 25 (iv) the loss so computed for the previous year relevant to the assessment year commencing on the 1 st day of april, 1986, to the extent, if any, such loss has not been set off against the agricultural income for the previous year relevant to the assessment year commencing on the 1 st day of april, 1987 or the 1st day 01 april 1988 or the 1st day of april, 1989 or the 1st day of april, 1990, 30 (v) the loss so computed for the previous year relevant to the assessment year commencing on the 1 st day of april, 1987, to the extent, if any, such loss has not been set off against the agricultural income for the previous year relevant to the assessment year commencing on the 1 st day of april 1988 or the 1st day of april, 1989 or the 1st day of april, 1990, (vi) the loss so computed for the previous year relevant to the assessment year commencing on the 1st day 01 april, 1988, to the extent, if any, such loss has not been set off against the agricultural income for the previous year relevant to the 35 assessment year commencing on the 1 st day of april, 1989 or the 1st day of april, 1990, (vii) the loss so computed for the previous year relevant to the assessment year commencing on the 1st day of april, 1989, to the extent, if any, such loss has not been set off against the agricultural income for the previous year relevant to the assessment year commencing on the 1 st day of april, 1990, and 40 (viii) the loss so computed for the previous year relevant to the assessment year commencing on the 1 $i day of april, 1990, shall be set off against the agricultural income of the assessee lor the previous year relevant to the assessment year commencing on the 1st day of april, 1991 (3) where a change has occurred in the constitution of a firm, nothing in sub-rule ( j ) or sub-rule (2) shall entitle the firm to set off so much 01 the loss proportionate to the share of a retired or deceased partner computed in the manner laid down in sub-45 section (1), sub-section (2) and sub-section (3) of section 67 of the income-tax act as exceeds his share 01 profits, if any, 01 the previous year in the firm, or entitle any partner to the benefit of any portion of the said loss (computed in the manner aforesaid) which is not apportionable to him (4) where any person deriving any agricultural income from any source has been succeeded in such capacity by another person otherwise than by inheritance, nothing in sub-rule (j) or sub-rule (2) shall entitle any person, other than the person 50 incurring the loss, to have it set off under sub-rule (j) or, as the case may be, sub-rule (2) 14 of 1!182 (5) notwithstanding anything contained in this rule, no loss which has not been determined by the assessing officer 11 of 1983 under the provisions of these rules or the rules contained in part iv of the first schedule to the finance act, 1982, or of the ~;: ::: first schedule to the finance act, 1983, or 01 the first schedule to the finance act1984, or of the first schedule to the 23 of 11188 finance act, 1985, or of the first schedule to the finance ~, 1986, or of the first schedule to the finance act, 1987, or 01 55 11 of ld87 the first schedule to the finance act, 1988, or of the first schedule to the finance act, 1989, shall be set off under sub· :ie of 1 1188 1301 1l18li rule (1) or, as the case may be, sub-rule (2) rule jo-where the net resu~ of the computation made in accordance with these rules is a loss, the loss so computed shall be ignored and the net agricultural income shall be deemed to be nil rule j j -the provisions of the income-tax act relating to procedure for assessment (including the provisions of section 288a 60 relating to rounding off of income) shall, with the necessary modifications, apply in relation to the computation of the net agricultural income of the assessee as they apply in relation to the assessment of the total income rule l2-for the purposes of computing the net agricuhural income of the assessee, the assessing officer shall have the same powers as he has under the income-tax act for the purposes of assessment of the total income (set> section 61 )in the first schedule to the customs tariff ad,-(1) in chapter 26, in sub-heading nq 262030, for the entry in column (4), the entry -150%- shall be substituted; (2) in chapter 29, in sub-heading no 292511, for the entry in column (4), the entry -100% plus as 25 per kg- shall be 5 substituted; (3) in chapter 85, in sub-heading no 851110, for the entry in column (4), the entry -100% plus rs 10 per piece- shall be substituted; (4) in chapter 96, in sub-heading nos 960711 and 960719, forth entry in column (4), the entry -1so%plusrs 5 per metreshall be substituted 10 part iin the schedule to the central excih tariff na-5 (1) in chapter 4, in lub-headlng no 040113, for the entry in column (3) the entry ·-miik powder, ott than powder apeciaily prepared for feeding infantl, put up in un coiuinera and ordlnarly irtencled for ihiiii be lubitiumd; (2) in chapter 9, in iub-headlng nos 010120 and 010180 for the entry in column (4), the entry·''''·''''' be lubltituted; (3) in chapter 11, in sib-heading nos 110200 and 110400, for the entry in ooiumn (4), the entry ·15"'· shall be substituted; 10 (4) in chapter 13, in sub-heading no 130190 for the entry in column (4), the entry ·'5"'· lhalj be lubltltuted; (5) in chapter 14 in sub-heading no 140100 for the entry in column (4) the entry ·'5"'· ahalj be aubllluted; (6) in chapter 15, in lub-heading nos 150100, 150500 and 150700, lor the entry in column (4) the entry ·'5"'" ahall be substituted; (7) in chapter 17, in sub-heading nos 170190, 170229, 170230 and 170490, for the entry in column (4) the entry , 0% ihall 15 be substituted; (8)in chapter 18,lnsub-heading nos 180100, 180200, 180300 and 180400, for the entry in column (4), the entry "15%"shall be substituted; (9) in chapter 21 ,-(8) in sub-heading nos 210130, 210210 and 210290, for the entry in column (4), the entry "15"'· ahah be subetltuted; 20 (b) in sub-heading no 210500, for the entry in column (4), the entry "15% piu as 2 per lit,· shell be lubetltutad; (e) in heading no 2106, in column (3), for the entry "-containing lime or katha (cat«:hu)or both, whether or not containing tobacco:", the entry "-containing lime, katha (clllechu) or tobacco or anyone or more of theae ingredients:" shall be substituted; 25 (d) in sub-heading nos 210611 and 210690, for the entry in column (4), the entry "40% piu ri 50 per kilogram" ahall be substituted : (10) in chapter 22, in sub-heading no 220300, for the entry in column (4), the entry "15%" ihall be substituted; (11) in chapter 23, in sub-heading no 230100, lor the entry in column (4), the entry "nir shall be substituted; (12) in chapter 24,-30 (8) in sub-heading nos 240311,240312,240321 and 240322, for the entry in column (4), the entry "ri 500 per thousand or 3000/0 plus rs 20 per thousand, whichever is higher" shall be substituted; (b) in sub-heading nos !40460 and 240490, for the entry in column (4), the entry "15%" shah be substituted; (13) in chapter 25,-fa) for note 2, the following note shall be substituted, namely :-35 "2 except where their context otherwise requires, heading nos 2501, 2503 and 2585 cover only products which have been washed (even with chemical substances, eliminating the impurities without changing the structu, of the product), crushed, ground powdered,levigated sifted, screened orconcentrated by flotation, mlgnetic uparalion or other mechanical or physical processes (except crystallisation), but not products that have been roasted, calcined, obtained by mixing or subjected to processing beyond that mentioned in each heading or sub-heading" (b) in sub-heading nos 250210, 250230 and 250490, for the entry in column (4), the entry "10%· shall be substituted; 40 (14) in chapter 26, in sub-heading nos 260100, 260200, 260300, 260400, 260500, 260600, 260700, 260800, 260900( 261000,261100,261200,261300,261400,261500, 261600, 261700, 261800, 261900, 262000 and 262100, forthe ently in column (4), the entry -10%" shall be substituted; (15) in chapter 28,-(a) in sub-heading no 281500, for the entry in column (4), the entry "15% plus ri1,ooo per tonne" shall be substituted; 45 (b) in sub-heading no 281810, for the entry in column (4), the entry· 10%" shall be aubetituted; (16)in chapter 29, in sub-heading nos 291710 and 291720, forthentry in column (4) the entry "15% piu rs 5 perkuogram" shall be substituted; (17) in chapter 30, in sub-heading no 300100, for the entry in oolumn (4), the entry "15%" shall be substituted; (18) in chipiir 34, in ,ub-hmd1ng no 340280, for the entry in column (4), the entry "25'" piw ai 2,000 per tame-"'" be 1ubitiiuted; (18) in cmfur 40,-(a) in note 9,-(i) after the word iild figu -and 4008:, the wordi·except otherwise 'provided: ahah be inmrted: (i/)the following paragraph shall be in rted at the end, namely:-'sub-helldlng no 40082i hah allo apply to "plat •• , ·h - and ·strlps·, whether or not cut to "',e, and 1urtdeworked or further worked 10 to render them fit for r8loiing or repairing or re-treading of rubber tyrei '; (b) in lb-hellding no 401120, for the entry in column (4), the entry ·ai 35 per tyre· 'hall be 1ubitftuted; (e)ln lb-helldlng no 401150, for the entry in column (4), the entry "as 2,600 per iyr· shah belubltltuted; (d) in aub-huding no 401191, for the entry in column (4), the entry "60% shall be substituted; (e) in lub-hnd,g no 401188, for the entry in qoiumn (4), the entry "30% shall be aubltituted; (f) in sub-heading no 401219, for the entry in column (4), the entry -as 23 per flap- shall be aubltltuted; (20) in chapter 41, in ~ub-heading no 410100, for the entry in column (4), the entry ·10%· shan be 1ubetiiuted; (21) in chapter42,1n su~heading no 429190, for the entry in column (4), the entry ·15"'· shah be subttltuted; 15 (22) in chapter 43, in ub-headlng no 430100, for the entry in column (4), the entry -15%· shall be substituted; (23) in chapter 44,-(i) ~ld 5 and 6 shall be renumbered as nold 6 and 7 respectively and before note 6 as 10 renumbered, the following note shall be in rted, namely:-'5 for the purposes of heading no 4408, the expression -similar laminated wood- includes biockboard,lamlnboard and 20 battenboard, in which the core is thick and composed of blocks, laths or battens of wood glued together and iurfllced with the outer plies and also panels in which the wooden core is replaced by other materials such as a layer or layera of particle bow, fibre board, wood waste glued together, asbestos or cork'; (b)inaub-headlng nos 4-40100,440200, 440300, 440400, 440500 and 441 090, for the entry in c:clumn (4~, the entry ·15"'" shall be substituted; 25 (24) in chapter 46, in sub-heading no 460100, for the entry in column (4), the entry -10%- shall be iubstltuted; (25) in chapter 47, in sub-heading no 470100 for the entry in column (4), the entry -10%· shall be iubstituted; (26) in chapter 48,-(a) notes 8, 9 and 10 shall be renumbered as notes 9, 10 and 11 respectively and before note 9 as 10 renumbered, the foliowing note shall be inserted, namely:-30 '8 for the purposes m heading no 4814, the expression ·wallpaper and similar wall coverings" applies only to: (i) paper in rolls, of a width of not less than 45 ems and not more than 160 ems, suitable for wall or ceiling decoration: (i) grained, embossed, surface-coioured, deslgn-printed or otherwise surface-demrated (ig, with textile flock), whether or not coated or covered with transparent protective plastics; 35 (ii) with an uneven surface resulting from the incorporation of particles of wood, straw, etc; (iii) coated or covered on the face side with plastics, the layer of plastics being grained ambo ed coloured designprinted or otherwise decorated; or ' , , (iv)covered on the ftlce side with plaiting material, whether or not bound together in parallel it rands or woven; (b) borde, and friezes, of paper, treated as above, whether or not in rolls, suitable for wall or calhng d8cot'lltlon; 40 (e) wall coverings of paper made up of several panels,in rolls or sh ts, printed 10 as to make up alo8ne design or motif when applied to a wall - products on a base ~ paper or paperboard suitable for use both as floor coverings and as wall coverings, to be claulfled in helldlng no 4815; (b) in sub-heading no 481500, for the entry in column (4), the entry "30%- shall be substituted; 4s (e)in lub-heading noa4b1700, 481800, 481990, 482000, 482100and 482200 for the entry in column (4) th "'15-x shall be substituted; " , (27) in chapter 49, in sub-heading no 490110, for the entry in column (4), the entry "15%· shall be substituted; =~~hapter 53, in su~headlng nos 530220 and 530629, for the entry in column (4), the entry ·rs 700 per ionne· shal be j:::~~hapter 58, in sub-heading no 560719, for the entry in column (4), the ,entry ·as 700 par tonne- nil be (30) in chi!ptr 57 in ub-h - tlng no 570220 for the ntry in column (4) the ntly -at 700 per tonne- ihiii be ubetltutt; (31) in cmpter 59-(a) in note 2 in claum (q the warda "bv dot printing proceu- hah be omitted; 5 (b) notes4 5 and 6ahan be renumbered notes5 6 and 7 respectively and before note 5 10 r umbered the folowlng nate shall be inserted namely:-'4 forthe purpoe of heading no 5904 the xpr lon 'xtue wall coverings-appiie1o products in rolla of a width of not le than45cm ••• ultableforwajlorcelllngdecortlonconlatlngofatxtlleurf-=ewhlchhasbeenfixedontcklngorhai been trated on the back (impregnated or coaled to permit paatlng) 10 this heading does not howeverlipf)iyto wallcoveringa consisting of textile flock or duslflxed directly on abllcking of paper (heading no 4814)'; (e) in ub-heading nos 590319 590329 and 590399 for the ntly in column (4) the entry "30% plus ri15 per aquif'l mtre plus the duty for the time being leviable on base fabricl if not already paid- ha11 be lubatltuted; (32) in chapter 64 in (lub-headlng nos 640119 and 640199, for the entry in column (4) the entry -'0%- hah be 15 ubstltuted; (33) in chapter 65, in ub-headlng nos 650180 and 650190 for the entry in column (4), the entry -10%- hall be ubstituted; (34) in chapter 66, in sub-headlng no 660200, for the entry in column (4) the entry -10%- hail be ubstituted; (35) in chapter 67, in ub-headlng nos 670100 and 670200, for the entry in column (4), the entry -10%- shah be 20 substituted; (36) in chapter 68,-(a) in ub-heading no 680190, for the entry in column (4), the entry -15%-ahall be ubstltuted; (b) in sub-heading no 680700, for the entry in column (4), the entry -30%- hall be substituted; (37) in chapter 70, in sub-heading no 700900, for the ntry in column (4), the ntly -10%- shall be ubstltuted; 25 (38) in chapter 71, in sub-heading nos 710139, 710140, 710160, 710170 710180 and 710190, for the entry in column (4), the entry -15%- shall be substituted; (39) in chapter 72,-(a) in sub-heading nos 720100, 720300 and 720410, for the entry in column (4), the entry -as 400 per tonne- hah be substituted; 30 (b) in sub-heading no 720420, for the entry in column (4), the entry "r • 2,000 per tonne- hah be ubstltuted; (e) in sub-heading nos720510 and 720610, for the entry in column (4), the entry "as 400 per tonne- shall be substituted; (40) in chapter 73-(a) in sub-heading nos 730300 and 730410, for the entry in column (4) the entry "as 400 per tonne- shall be 36 substituted; (b) in sub-heading no 730490, for the entry in column (4), the entry "as 3,000 per ionne- shah be substituted; (e) in sub-heading no 730510, for the entry in column (4), the entry "as 400 per tonne- ahall be substituted; (d) in sub-heading no 730590, for the entry in column (4), the entry "as 3,000 per ionne- hah be ubstituted; (e) in sub-heading no 730610, for the entry in column (4) the entry "a • 400 per tonne- ahall be ubstluted; 40 (f)in sub-heading no 730690, for the entry in column (4), the ntly "as 3,000 per tonne-ihall be substituted; (g) in ub-heading no • 732110 and 732120, for the entry in column (4), the entry "25""- hah be substituted; (h) in ub-heading no 732510, for the ntry in column (4), the ntry "a • 400 per tonne- shall be substituted; (41) in chapter 78,-(a) in sub-heading nos 780110, 780190 and 780200 for the entry in column (4), th •• ntry "as 4000 per tonne- shall be 45 ubstltuted; (b) in sub-heading no 780310, for the entry in column (4) the ntry -ai 5,000 per tonne- hah be tubstltuted; (e) in ub-heading no 780321 for the entry in column (4), the entry "20%- thall be iubstltutad; (d) in ub-heading no 780329, for the entry in column (4), the entry "rs 5,000 per tonne- shall be substituted; (e) in ub-hadlng no 780330, for the entry in column (4), the ntry "as 4,000 per tonn- han be tubltituted; 50 (f) in ub-heading no 780410, for the entry in column (4), the entry '''as 5,000 per tonne- shall be subetltuted; (g) in sub-heading nos 780420, 780510, 780520 and 780600 for th entry in column (4), the entry ~-ahall be substituted; (fi) in chipeir 78,-_ (~in iub-huding hm 710310 ind 790380, for the entry in column (4), the entry "20% lhall be aublllluiid; (b) in lub-hhdlng b 790421 ind 790610, for the entry in column (4), the entry "30%- shall be j (e)ln tlb-headlng b 790620, 790710 and 790780, for the entry in column (4), the entry "2o%-lmiibt aubetltuted; 5 (43) in cmpter as,-(a) in iub-heedlng no 852100, for the entry in column (4), the entry -40%- shall be 1ubstituted; (b) in iub-heedlng no 854300, for the entry in column (4) the entry "25"'- thai be aubltltuted; (u) in chapter 87-(a)1n iub-tdlng no 870300 for the entry in column (4) the entry -4o%-a be 1ubstituted; 10 (b) in lib-heeding not 870820 and 870640, for the entry in column (4) the entry "25% plu ai 8000 per chulil-ihall be tubduted; (e) in lub-headlng no 870830 for the entry in column (4) the entry -40%- shall be substituted; and (45) in chapter 96, in sub-heading no 961700, for the entry in column (4), the entry -10%- thaa be lubitituteci part ii| heading | sub- ||-------------|--------|| rate | || of | || 15 | || no | || heading | || description | || of | goods || duty | || no | || (1) | || (2) | || (3) | || (4) | | in the schedule to the central excise tariff ad-(1) in chapter 22, aher heading no 2203 and the enkies reiating thereto, the following shall be inserted, namely:-20 | "2204 | 220400 | ethyl | alcohol | of any strength whether denatured or not but not ||-----------|------------|------------------------------|------------|------------------------------------------------------|| ri 8 | | | | || per | | | | || including | alcoholic | liquor for human consumption | :: | ;:_ || oenlllge | | | | || point | | | | || ilr8ngth | | | | || of | | | | || 25 | | | | || alcohol"; | | | | |(2) in chapter 25, for heading no 2505 and the entries relating thereto the following shall be substituted namely:-30 "2505 mineral substances not elsewhere specified (including clay, earth colours, natural abrasives, sulphurs slate and stone), lime; plasters with a basis of calcium sulphate, whether or not coloured, but not including plasters specially prepared for use in dentistry 250510 -kaolin and other kaolinic clays, whether or not calcined; other clays, andalusite, kyanite and 15% sihlmanit, whether or not calcined; mulilte; chamotte or dinas earths 35 250520 -natural barium lulphate (barytes); natural barium carbonate (witherite), whether or not calcined, other than barium oxide of heading no 2816 15% 250530 -silicious fossil meals and similar silicious earths whether or not calcined 01 an apparent specific 15% gravity of 1 or less 250540 -dolomite, whether or not calcined; natural magnesium carbonate (magnesite); fused magnesia; 15% dead burned (iintered) magnesia, whether or not containing small quantities of other oxides added before sinterlng; other magnesium oxide whether or not pure 40 250550 -gypsum; anhydrite; plasters (consisting of calcined gypsum or calcium sulphate) whether or not 15% coloured with or without small quantities of accelerators or retarders 250560 -quick lime, slaked lime and hydraulic hme other than calcium oxide and hydroxide of heading no 15% 2825 250570 onllural boratel and concentrates thereof (whether or not calcined) but not including bor 15% 45 separated from natural brine; natural boric acid containing not more than 85% of h3 803 calculated on the dry weight; arth colours, strontianite (whethtlr or not calcined) other than strontium ox~ - 250580 ()ther 15%-; (1) (2) (3) (4) (3) in chapter 40, after sub-heading no 401170 and the entries relating thereto the following shall be inserted, namely:--401180 -of a kind used on animal drawn vehicles or hand carts, bearing prominent markings oftheletter8 60%-; advthereon 5 (4) in chapter 52,-(a)for heading no 5203 and the entries relating thereto, the following shall be substituted, namely:-"5203 520300 cotton yarn including sewing thread, not containing syn11ietic staple 20,,, fibres count per kiogmm-; (b) for heading nos 5206, 5207, 5208, 5209, 5210 and 5211 and the entries relating thereto, the following shall be 10 substituted, namely:-"5206 520600 20% conon fabrics (excluding fabrics covered under heading nos 5209, 5210 and 5211),-(a) woven on looms other than handlooms, and 15 (b) subjected to the process of bleaching, mercer ising, dyeing, printing, water-proofing, shrink-proofing, organdie processing or any other process or any two or more of these processes with the aid of power or steam 20% 5207 520700 cotton fabrics (excluding fabrics covered under heading nos 5209, 521 0 and 5211 ),-(a) woven on looms other than handlooms, and 20 (b) subjected to the process of bleaching, mercerising, dyeing, printing, water-proofing, shrink-proofing, organ die processing or any other process or any two or more of these processes without the aid of power or steam 20% 25 5208 520800 cotton fabrics (excluding fabrics covered under heading nos 5209, 5210, 5211 and 5212),-(a) woven on handlooms, and 30 (b) subjected to the process of bleaching, mercerising, dyeing, printing, water-proofing, shrink-proofing, organdie processing or any other process or any 1wo or more of these processes 20% cotton fabrics,-5209 520900 (a) woven, 35 (b) subjected to the process of bleaching, mercer ising, dyeing, printing, water-proofing, shrink-proofing, organdie processing or any other process or any two or more of these processes, (e) containing (i) cotton, and (ii) polyester staple fibre or polyester filament yarn or both (but not containing any other textile material) and 40 (t!) in which the proportion of polyester staple fibre or filament yarn or both is more than 040% by weight of the total fibre content 20% conon fabrics,-5210 521000 (a) woven, tb) subjected to the process of bleaching, mercerising, dyeing printing, water-proofing, shrink-proofing, organdie processing or any 45 other process or any two or more of these processes, (e) containing (i) cotton, (h}polyester staple fibre, and (iii) ramie or any one or moreartificial"staple fibres (not containing any other textile material), and (d) in which the proport1on of pol vester staple fibre is more than 40% 50 by weight of the total fibre content | 5211 | 521100 | cotton | fabrtcs,- ||-----------------------------------------------------------|------------|-----------|-------------|| 20%-; | | | || r-j | | | || woven, | | | || tb) | | | || subjected | to | the | process || bleaching, | | | || mercerising | dyeing, | printing, | || water-proofing,shrnc-paoofing,oaganoepaocessingoranyother | | | || 55 | | | || process | | | || or | any | two | || or | more | of | these |(4) (3) (1) (2) (e) containing (~cotton, and (ii) pol vester staple fibre, and (d) of value exceeding rupees twenty·five per square metre 5 (s) in chapter 54,-(a}for heading nos 5402 5403 and 5404 and the entries relating thereto, the following shall be substituted, namely:-'m02 &40200 synthetic filament yarn and sewing thread including synthetic ~per monofilament of less than 60 deniers, not textured -wo-" 5403 540300 synthetic filamentyarn,including synthetic monofilament of less than 80 ai 100 per deniers, textured idiagrwn 10 5404 artificial filament yarn and sewing thread, including artificial ri 25 per monofilament of less than 80 oeniers, not textured 1ciiagrmi"; (b) for heeding nos 5408, 5410, 5411 and 5412 and the entries relating thereto, the following shall be substituted, name!y:-"5408 5010900 fabrics of man·made filament yarn (including fabrics obtained from 20% materials of heading nos 5406 and 5407 but excluding fabrics covered under heading no 5412)-15 (a) woven on looms other than handlooms and (b) suijected to the process of bleaching dyeing printing shrink· proofing tentering heat -setting crease resistant processing or any other process or any two or more of these processes with the aid of power or steam 20 5410 541000 fabrics of man-made filament yarn (including fabrics obtained from 20% materials of heading nos 5406 and 5407 but excluding fabrics covered under heading no 5412)-(a) woven on looms other than handlooms and (b) subjected to the process of bleaching dyeing, printing shrink· 2s proofing tentering heat -setting crease resistant processing or any other process or any two or more of these processes without the aid of power or steam 5411 541100 fabrics of man-made filament yarn (including fabrics obtained from 20% materials of heading nos 5406 and 5407 but excluding fabrics covered 30 under heading no 5412)-(a) woven on handlooms and 35 (b) subjected to the process of bleaching dyeing printing shrink proofing tentering heat-setting crease resistant processing or any other process or any two or more of these processes 5412 541200 fabrics of polyester filamentyarn-(~ woven (b) subjected to the process of bleaching dyeing printing shrink proofing tentering heat·setting crease resistant processing or any other process or ahy two or more of these processes (e) containing (i) cotton, and (ii) polyester staple fibre (not containing ahy other textle material) and (d) in which the proportion ofpolvester staple fibre and yarn is less than 7cw by weight of the total rare content (f) in chipier 55,-(e)for heading no 55051ftd the relating 0 the following shah be aubltitutd, namely:-(1) (2) (3) (4) (b) for hedlng nos 5508,5509, 5510 5511 and 5512 and the entries relating ther8to, the following shall be substituted namely:-"5508 550800 fabrics of man·made staple fibres (excluding fabrics covered under 20% 5 heading nos 5511 and 5512)-(ii) woven on looms other than handlooms and 10 (b) subjected to the process of bleaching, dyeing printing shrink· proofing, tentering heat -setting crease resistant processing or any other process or any two or more of these processes with the aid of power or steam 5509 550900 fabrics of man·made staple fibres (excluding fabrics covered under 20% heading nos 5511 and 5512),-(a) woven on looms other than handlooms and 15 (b) subjected to the process of bleaching, dyeing printing shrink· proofing tenter lng, heat -setting crease resistant processing or any other process or any two or more of these processes without the aid of power or steam 5510 551000 fabrics of man-made staple fibres (excluding fabrics covered under 20% heading nos 5511 and 5512),-(a) woven on handlooms, and 20 (b) subjected to the process of bleaching, dyeing printing shrink· proofing, tenter lng, heat·setting, crease resistant processing or any other process or any two or more of these processes 5511 551100 fabrics of polyester staple fibre-20% (a) woven, 25 (b) subjected to the process of bleaching dyeing printing, shrink· proofing, tentering heat -setting crease resistant processing or any other process or any two or more of these processes (e) containing cotton (not containing any other textile material), and 30 (d) in which the proportion of polyester staple fibre is less than 70% by weight of the total fibre content 5512 551200 fabrics of man· made staple fibres,-20%"; (a) woven 35 (b) subjected to the process of bleaching dyeing printing shrink· proofing, tentering heat -setting crease resistant processing or any other process or any two or more of these processes (e) containing (i) polyester staple fibre;and (iij any one or more of the following fibres namely cotton ramie and artificial staple fibres (not containing any other textle material) and (d) in which the proportion of pol vester staple fibre is more than 40% but less than 70% by weight of the total fibre content (7) in chllpler 59, for heading no 5904 and the entries relating thereto the following shall be ubstltuted namely:- 4s"5904 linoleum whether or not cut to shape; floor coverings consisting of a coating or covering applied on a textile backing whether or not cut to shape; textile wall coverings 590410 ·linoieum 590420 - t ixtlle wan covlrlngs | 10% | ,, ||---------|--------|| ai | 2,850 || par | || lome | || 30%" | || 590490 | || -other | | (s mciion ea) part i in the ai'it schedule to the acidiiiomi nits ci excim ad,-(1)ln iub-hndlng nos 240311 md 240321,tot' the tniry in column (4),the entry"rs 300 perthouland,or175% piui 5 ra 12 per thousand, wtllchtver ii ~ smii be subltltultd; (2)in hhdlng no 5108, in column (3), for the words -woven fabrlcsofwool-, thtworda tncic8taandflgur "woven fabrics of wool (excluding hair bel 11ng, blankets and fabrics of width not exceeding 15 cms)- shah be subltituled; 10 (3) in heading no 5107,-(a) in column (3), fot' the words -woven fabrics of wool-, the words, brackets and figures -woven fabrics of wool (excluding hair belting, blankets and fabrics of width not exceeding 15 cms, shall be substituted; (b) sub-headlng no 510710 and the entries relating thereto shah be omlntd; (4) in sub-heading nos 580319 and 580329, for the entry in column (4), the entry "5% plus as 3 per iquare metre plus the 15 duty tor the time being leviable on bast fabrics, h not already paid-shall be subltltuted; (5) heading no 5905 and the entries relating thereto shall be omitted part \i| heading | sub- | rate ||-------------|---------|---------|| of | | || no | heading | || description | of | goods || additional | 20 | || no | | || duty | | || (1) | (2) | || (3) | | || (4) | | |in the first schedule to the additional dutie, of excise nj,-(a) for heading nos 5208, 5207, £208, 6209, 5210 and 5211 and the entries relating themo, the following shall be substitutad, namely:-25 -5206 520600 cotton fabrics (excluding fabrics covered under heading nos 5209, 20% paj 5210 and 5211 ),-ri 5 per square metre (a) woven on looms other than handlooms, and 30 (b) subjected to the process of bleaching, mercerising, dyeing, printing, water-pr()()i:ing shrink-proofing organoie processing or any other process or any two or more of these processes with the aid of power or steam 5207 520700 35 cotton fabrics (excluding fabrics covered under heading nos5209, 5210 20% " and 5211 )-ri 5 per square metre (a) woven on looms other than handlooms, and 40 (b) subjected to the process of bleaching, mercerising, dyeing, printing, water·proofing, shrink-proofing organdie processing or any other process or any two or more of these processes without the aid of power or steam 5208 520800 cott~'fabrics(excluding fabrics covered under heading nos 5209 5210 20% pail 5211 and 5212)- , 'ri 5 per (a) woven on handlooms, and square meire (b) subjected to the process of bleaching, mercerising, dyeing, printing water·proofing shrink-proofing, organoie processing or nly other process or any 1wo or more of these processes (4) (3) (2) (1 ) cotton fabrics-520900 5209 (a) woven 20% piu as 5 per iqu8i'8 men s (b) subjected to the process of bleaching mercerising dyeing printing water-proofing shrink-proofing organdie processing or any other process or any two or more of these processes (e) containing (i) cotton, and (ii) polyester staple fibre or polyester filament yarn or both (but not containing any other textile material) and 10 (ei) in which the proportion of polyester staple fibre or filament yarn or both is more than 40% by weight of the total fibre content cotton fabrics-521000 5210 20% piui assl' aquantmen (a) woven 15 (b) subjected to the process of bleaching mercerising dyeing printing water-proofing shrink-proofing organ die processing or any other process or any two or more of these processes (e) containing (i) cotton (ii) polyester staple fibre, and(ih)ramteoranyone or more artificial staple fibres (not containing any other textile material), and 20 (d) in which the proportion of polyester staple fibre is more than 40% by weight of the total fibre content cotton fabrics,-5211 521100 (a) woven, 20% piu ri5per square maint-: 25 (b) subjected to the process of bleaching, mercerising dyeing printing water-proofing, shrink-proofing, organ die processing or any other process or any two or more of these processes (e) containing (i) cotton and (ii) polyester staple fibre and (d) of value exceeding rupees twenty-five per square metre (b) for heading no 5409 and the entries relating thereto the following shall be substituted namely:-| | | | | | | | 30 "5409 | 540900 ||-----------|-----------|----------|----------|------|------------|---------|--------------|------------|| fabrics | of | man-made | filament | yarn | (including | fabrics | obtained | from || 20% | | | | | | | | || piu | | | | | | | | || materials | of | heading | nos | | | | | || 5406 | | | | | | | | || and | | | | | | | | || 5407 | | | | | | | | || but | excluding | fabrics | covered | | | | | || ri5per | | | | | | | | || under | heading | no | | | | | | || 5412),- | | | | | | | | || ~ | | | | | | | | || (a) | | | | | | | | || woven | on | looms | other | than | handlooms, | and | | || 35 | | | | | | | | |(b) subjected to the process of bleaching, dyeing, printing shrink-proofing, tentering heat-setting crease resistant processing or any other process or any two or more of these processes with the aid of power or steam (e) for headinq no 5412 and the entries relatinq thereto the followlnr shall be substituted namely:-| | | | "5412 | 541200 ||---------|----|-----------|-----------|------------|| fabrics | of | polyester | filament | yarn- || 4{) | | | | || (a) | | | | || woven | | | | || 20% | | | | || piu | | | | || ri5per | | | | || square | | | | || mair8"' | | | | |(b) subjected to the process of bleaching dyeing printing shrink-proofingtentering heat-setting crease resistant processing or any other process or any two or more of these processes 45 (e) containing (i) cotton and (ii) polyester staple fibre (not containing any other textile material) and (d) in which the proportion of pol yesterstaple fibre and yarn is less than 70"10 by weight of the total fibre content (d) for heading no 5508 and the entries relating thereto the following shah be substituted namely:-"5508 550800 fabrics of man-made staple fibres (excluding fabrics covered under ~5 =-50 heading nos 5511 and 5512),-~ l1'iiiireo• (a) woven on looms other than handlooms and (b) subjected to the process of bleaching dyeing printing shrink-proofing stentering heat-setting crease resistant processing or any other process or any two or more of these processes with the aid of power or steam (1) (2) (3) (4) (e)tor heading nol 5511 and 5512 and the entries relating thereto, the following shall be substituted, namely:- "&611 551100 fabrics of polyester staple fibre,- ~ ~(a) woven, ~, men 5 (b) subjected to the process of bleaching, dyeing, printing, shrink· proofing, tenter lng, heat·setting, crease resistant processing or any other process or any two or more of these processes, (e) containing cotton (not containing any other textile material), and (d) in which the proportion of polyester staple fibre is less than 70% by weight of the total fibre content 10 5512 551200 fabrics of man·made staple fibres,-(a) woven, | 20% ||---------|| ri5per || squn || nae"o |(b) subjected to the process of bleaching, dyeing, printing, shrink proofing, tentering, heat·setting, crease resistant processing or any other process or any two or more of these processes, 15 (e) containing (i) polyester staple fibre, and (ii) any one or more of the following fibres, namely, cotton, ramie and artificial staple fibres (not containing any other textile material), and (d) in which the proportion of polyester staple fibre is more than 40% but less than 70% by weight of the total fibre content 20 statement of objects and reasonsthe object of the bill is to give effect to the financial proposals of the central govemment for the financial year 1990-91 the notes on clauses explain the various provisions contained in the bill maohu oanoavate newoelhi; the 19th march, 1990 president's recommendation under articles 117 and 274 of the constitution of india[copy of letter no f3 (1)-b (0) 190, dated the 19th march,1990 from prof madhu oandavate, minister of finance, to the secretary-general, lok sabhaj the president, having been informed of the subject matter of the proposed bill, recommends under clause (1) of article 117, read with clause (1) of article 274, of the constitution of india, the introduction of the finance bill, 1990, to the loksabha 2 the bill will be introduced in the lok sabha immediately after the presentation of the budget on the 19th march, 1990 claus 2, read with the first schedule to the bill, shka to prescribe the rates at which income-tax (including surcharge thereon) is to be levied on income chargeable to tax for the assessment year 1990-91 further, it lays down the rates at which tax is to be deducted at source during the financial year 1990-91 from income subject to such deduction under the income-tax act; and the rates at which ·adyance tax"ls td be paid and tax is to be calculated and charged in special cases for the financial year 1990-91 rats of income-tax for the assessment year 1990-91part i of the first schedule to the bill specifies the rates of income-tax on incomes liable to tax for the assessment year 1990-91 these rates are the same as those specified in part iii of the first schedule to the finance act ,1989, for the purposes of deduction of tax at source from·salaries· and for computation of ·advance tax· payable during the financial year 1989-90 as provided by the finance act, 1989, the amount of incometax computed in accordance with the provisions of this part shall in the case of every person having income exceeding fifty thousand rupees be increased,-(i) in the case of every person, being a resident, not being an indian company, by a surcharge for purposes oft he union, and (ii) in the case of an indian company, by a surcharge, calculated at the rate of 8 per cent of such incorne-tax rates for deduction of tax at source during the financial year 1990-91 from income other than ·sa/aries· part ii of the first scheduleto the bill specifies the rate at which income-tax is to be deducted at source during the financial year 1990-91 from incomes other than ·salaries" these rates are the same as those specified in part ii of the first schedule to the finance act, 1989, for the purposes of deduction of tax at source during the financial year 1989-90 the amount of tax so deducted at source shall be increased,-(i) in the case where the payment is made to a person, other than a company, resident in india, by a surcharge for purposes of the union, (ii) in the case of person being a domestic company, by a surcharge, calculated at the rate of 8 per cent of such income-tax rates for deduction of tax at source from "salaries", computation of "advance tax" and charging of income-tax in special cases during the financial year 1990-91 part iii of the first schedule to the oill specifies the rates at which income-tax is to be deducted at source from ·salaries· and also the rates at whic; i "advance tax" is to be paid and income-tax is to be calculated or charged in special cases for the financial year 1990-91 sub-paragraph lof paragraph a of this part specifies the rates, of income-tax in the case of every individual or hindu unolvided family or every association of persons or body of individuals, whether incorporated or not, or every artificial juridical person referred to in sub-clause (vii) of clause (31) of section 2 of the income-tax act, not being a case to which sub-paragraph \i of paragraph a or any other paragraph of part 11\ applies in such cas , the income-tax exemption limit has been increased to rs22,ooo from rs18,000 further the first slab of income-tax has been xtended to as 30,000 from rs 25,000 sub-paragraph lof paragraph c of this part specifies the ratea of income-tax in the case of every registered firm, not being case to which sub-paragraph ii of this paragraph applies in such cases, the income-tax exemption limit has been increasad to ra,15,ooo from rs1 0,000 the number of tax slabs has also been reduced to three from five the maximum marginal rate of tax haa also been reduced to 18 per cent from the existing rate of 24 per cent sub-paragraph 1\ of paragraph c of this part specifies the rates of income-tax in the case of every registered firm whose total income includes income derived from a prote"ncarried on by it and the income so included is not less than tlfty-one per cent of such total income in such cases the income-tax exemption limit has been increased to rs15,000 from rs1 0,000 the number of tax slabs has also been reduced to three from five the maximum marginal rate of tax has also been reduced to 15 per cent from the existing rate of 22 per cent paragraph e of this part specifies the rates of income-tax in the case of a company the rate of income-tax in the case of a company in which the public ara substantially interested has been reduced to 40 per cent from the existing rate of 50 per cent in the case of a trading or investment company in which the public are not substantially interested, the rate of income-tax has been reduced to 50 percent from the existing rate of 60 percent further, the rate of income-tax in the case of other domestic companies in which the public are not substantially interested has also been reduced to 45 per cent from the existing rate of 55 per c~nt in the case of every person being an individual, hindu undivided family, firm, association of persons or body of individuals, being resident in india, co-operative society and local authority, whose total income exceeds seventy-five thousand rupees and where income-tax is to be deducted at source or "advance tax" is payable in accordance with the provisions of this part, such amount of income-tax shall be increased by a surcharge for purposes of union calculated at the rate of eight per cent of such income-tax in the case of domestic companies having a total i",-'ome exceeding seventy-five thousand rupees the amount of income-tax computed in accordance with the provisions of this part shall be increased by a surcharge calculated at the rate ofaight per cent of such income· tax however, in the case of individuals, hindu undivided families and certain association of persons or bodies of individuals, entitled to tax rebate under chapter viii-a, the surcharge will be calculated on the amount of income-tax as reduced by the amount of such rebate clause 3 seeks to amend section 2 of the income-tax act relating to definitions the proposed amendments vide sub-clause (i) are consequential in nature to the amendments proposed in section 28 of the act, vide clause 5 whereunder profits on sale of a licence granted under the imports (control) order, 1955, cash assistance (by ~hatever name called) received or receivable by any person against exports under any scheme of the government of india and the repayment of any duty of customs or excise as drawback to any person against exports under the customs and central excite duties drawback rules, 1971, are being treated as incomes and made chargeable to tax under the head ·profits and gains of business or profession·, these amendments will take effect retrospectively from ~he same, dates as specified in relation to the new clauses being inserted in section 28, vid8 sub-clauses (8), (b) and (c) of clause 5 t~e ~oposed amendment vide sub-clause (ii) seeks to amend the definition of the expression "regular assessment· given in clause (40) of that section 80 as to clarify that it would mean an assessment mllde only under sub-section (3) of section 143 or section 144 sub-clause (ii) seeks to omit sub-section (9) so as to provide that it shall not be incumbent upon an assessee to create a reserve when there are no profits this amnd·m~nt will take ffect retrospectively from w april 1989 under suthectlon (3) d this section or any earlier previous year not being a previous year erller than the year in which the ship or ain::raftwas acquired or the machinery or plant was installed or the ship, aircraft machinery or plant was first put to use sub-clause (iii) seeks to omit clause (42c) of section 2 of the income-tax act containing definition of the term·security" the in rtion of the definition of tne term·security· in section 2 dealing with general definitions ht created certain anomalies the proposed omission of this definition is to overcome such anomalies this amendment will take effect from 1 st april 1990 and will these amendments will take effect retrospectively from 1 at april 1976 and will, accordingly, apply in relation to the assessment year 1976-n and subsequent years acco~ingly, apply in relation to the assessmnt year 1990-91 and subsequent years clause 7 seeks 10 amend sub-section (1) of section 32ab of the income-tax ad relating to investment deposit account clause 4 seeks to amend clause (15) of section 10 of the income-tax act the proposed amendment seeks to provide that no deduction under this section shall be allowed in relation to the assessment year commencing on the 1 at day of april 1991, or any subsequent assessment year this amendment will take effect from 1 st april 1990 sub-clause (i) seeks to amend item (i) of sub-clause (iv) of clause (15) of section 10 to extend the exemption from income-tax of interest received from government on deposits made by an employee of the central government or a state government, in accordance with such scheme as the central government may, by claus 8 seeks to amend sub-section (1 ) of section 33a of the income-tax act relating to development alllowanea not~ication in the official gazette frame in this behalf, out of the moneys due to him on account of his retirement, whether on superannuation or otherwise, also to the employees of a public sector company the proposed amendment seeks to provide that the deduction provided under clause (i) of sub-section (1) shall be allowed only if the planting of tea bushes has been completed before the 1 st day of april,1990 this amendment will take effect from 1 st april, 1991 and whi, accordingly, apply in relation to the assessment year 1991-92 and subsequent years this amendment will take effect from 1 st april 1990 clause 9 seeks to amend section 34 of the income-tax act relating to development rebate on the directions of the supreme court, certain amount of comperlsation for the victims of the bhopal gas tragedy was deposited by the union carbide corporation and the union carbide india limited to the credit of the registrar, supreme court, in the reserve bank of india this amount stands deposited in the securities of the central government in order to provide exemption on the interest accruing on such securities sub-clause (ii) seeks to insert a new sub-clause (v) in clause (15) of section 10 sub-clause (i) seeks to provide that the reserve of an amount equal to seventy-five per cent of the development rebate to be actually allowed is debited to the profit and loss account of any previous year in respect of which the deduction is to be allowed under sub-section (2) of section 33 or any earlier previous year not being a previous year earlier than the year in which the ship was acquired or the machinery or plant was installed or the ship, machinery or plant was first put to use this amendment will take effect retrospectively from 1 st april 1989 and will accordingly apply in relation tothe assessment year 1989-90 and subsequent years sub-clause (ii) seeks to omit explanation to clause (a) of subsection (3) of the section so as to provide that it shall not be incumbent upon an assessee to create a reserve when there are no profits clause 5 seeks to amend section 28 of the income-tax act relating to income chargeable to tax under the head ·profits and gains of business or profession" these amendments will take effect retrospectively from 1 st april 1962 and will, accordingly apply in relation to the assessment year 1962-63 and subsequent years sub-clause (a) seeks to insert a new clause (iiia) to make profits on sale of a licence granted under the imports (control) order, 1955 chargeable to tax under the said head this amendment will take effect retrospectively from 1 st april, 1962 clause 10 seeks to amend section 35ccb of the income-tax act relating to expenditure by way of payment of any sum to associations and institutions for carrying out programmes of conservation of natural resources sub-clause (b) seeks to insert a new clause (ilib) to make any cash assistance (by whatever name called) received or receivable by any person against exports under any scheme of the government of india chargeable to tax under the aforesaid head this amendment will take effect retrospectively from 1 st april 1967 sub-clause (i) seeks to substitute sub-section (1) to provide that where an assessee incurs any expenditure by way of myment of any sum to an association or institution which has as its object the undertaking of any programme, being a programme approved by the prescribed authority, of conservation of natural re80ui'c88 or of afforestation or to such fund for afforestation as the central, government may notify in this behalf, he shall be allowed a , deduction in respect of such sum from income under the head ·profits and gains of business or professlon- sub-c/aus (c) seeks to insert a new clause (1i1c) to make repayment of any duty of customs or excise as drawback to any parson against the exports under the customs and central excise duties drawback rules 1971 chargeable to tax under the aforesaid head this amendment whi take effect retrospectively from 1st april, 1972 ~ clause 6 seeks to· amend section 32a of the income-tax act i relating to investment allowanoe sub-clauh (ii) seeks to amend 5ub-sec:tion (2) so as to provide that no deduction in respect of any payment to an association or institution which has as its object the undertaking of any programme referred to in clause (a) of sub-section (1) shall be allowed unless such association or institution is for the time being approved by the prescribed authority l these amendments wilj takeeffed from 1 at april 1991 and wul, accordingly; apply in relation to the assessment year 1991 -92 and subsequent years sub-clause (i) seeks to provide that the reserve g' an amount equal to seventy-five per cent of the investment allowance to be ; actually allowed is debited to the profit and 10 acoount of any previous year in respect of which the deduction is to be allowed ~ ~, claus 11 leeks to amend hction 438 of thlngom ad relating to deduction of certain sums only on idual ~ the proposed amendmnt seeks to amend d (d) in the laid hctlon of the ad to provide that any um paylbl interest on any loan or borrowing from a sbd flftanctlll aorporatton or a stat industrial investmnt corporation in iicioordance wtii the terms and conditions of the ag ment governing iuch iow1 or borrowing, shall not be allowed as deduction in the computation of the profits and gains from buslneu or prot lon if the sum is not actually paid by the assess •• before the due date appiicibie in his cue for furnishing the return of income furthr explanation iv is being substituted to includ the deflnltlonl of ·state financial corporation· and "state indultrlallnveatment corporation· th amendmnts wlh take effect from 111 aprh, 1991, and wrl, accordingly, apply in relation to the mnt yar 1991-92 and subsequent years ause15 leeks to insrt a nw aection iocca in the incometexad th propomd section seeks to provide that whe, an being an individual or a hindu undivided family or an uaociatlon of persons or a body of individuals conlilting, in either case, only of husband and wif governed by the ~m of community of property in force in the state of goa and the union trritorles of oadra and nagar havn and daman and diu h acquired in the prvious yar, out of his incom chargabi to tax, units of any mutual fund specified undr clau (230) of aeotion 10 or of the unit trust of india under any plan formulated in accordance with such scheme as the government may, by notification in the official gazette, specify (hereafter referred to as the equity linked savings scheme), he shall be allowed a deduction in the computation of his total income of 80 much of the amount invsted as does not exceed tan thousand rupees in the previous yar the amount which is returned to the asses •••• lther on the repurcha of the units or on the termination of the plan by the said fund or the trust, in any previous year, shall be deemed to be the income ci the assssee of that previous year and shall be chargeabl to tax accordingly it is also being provided that where a partition ha takan place among the members of a hindu undivided family 01' whr an association of persons has ben dissolved, after a deduction has been allowed under sub-section (1) of the new aeollon the person who receivs the deemed income on the repurchase of the unit or on the termination of the plan by the said fund orth trust, shall be liable to pay income-tax on luch income claus 12 seeks to insrt an explmud/on in cia", (a) of sub-ildion (1) of section 44ac of thlncom-tax ara relating to special provision for computing profits and gains from the bullness of trading in certain goods th proposed explanation eks to define purch pric· as any amount paid or payable by a buyr to obtain alcoholic liquor for human consumption (othr than indian mad foreign liquor) excluding the amount paid or payable towards the bid money in art audion or the highest accepted offer in cas of a tndr or any other mode su/)ctus (b) seeks to add a co-operatlv society to the definition of the term ·seller" for the purpo s of mdlon 44ac this amendment will take effect from 1st april, 1991 and will, accordingly, apply in relation to ihe assssment yar 1991-92 and subsequent years clause 16 seeks to insrt a new section 8000 in the incometax ad these amendments will take effect from 1st april, 1991 and will, accordingly, apply in relation to the a mnt yar 1991-92 and ubsequent years clause 13 seeks to amend section 45 of the income-tax ara relating to capital gains th proposed amendment seeks to in rt a new sub-section (8) in section 45 to clarify that the dlffrence between the repurchase price of the units refrred to in section 8occb(2) and the capital valu of such units shall be d med to be the capital gains arising to the ss in the prvioui year in which such repurchase takes place or the plan under which such units wre purchased is terminated and such dlffrence shall be taxed accordingly the exprssion ·capltal value of 8uch units· has been defined as any amount invsted by the in the units referred to in section boccb(2) under the new section, an individual or a hindu undivided family resident in india will be entitled to a deduction of a sum of aix thousand rupees in a year in the computation of the total income where expenditure has been incurred by him or it on'th medical treatment, training or rehabilitation of a person who suffrs from a permanent physicaldilability (including blindness) or is subject to mental retardation and who is a relative of the individual or is a member of the hindu undivided family and is dependnt on the individual or the hindu undivided family for his support the deduction will be admissible only whre the total incom of the individual orthe hindu undivided family as computed before making any deduction under new section 8odo does not exceed sixty thousand rupees and the amount of deduction will be reduced in ither case by the income if any of the handicapped dependnt this amendment will take ffect from 181 april, 1991 and will, accordingly, apply in relation to the ass mnt}' r 1991-92 and subsequent years this amendment will take effect from 1st april, 1991 and will, accordingly, apply in relation to the assssment year 1991-92 and subsequent yars clause 17 eks to amel'd section 80gga of the incom-tax act relating to deduction in respect of certain donations for scientific research or rural development clause 14 seeks to amend section 80cca of thlncomlax ltd relating to deduction in respect of deposita undr national svings schem or payment to a deferred annuity plan suix:lause (a) seeks to substitute the proviao to lub-sectlon (1) to provide that ih maximum mount of deduction to be allowed under this section shall be forty thousand rupees in rlation to the u ment year commencing on the 1s1 day of april, 1991 and lubsequnt assessment yars sulx:laus (b) seeks to insrta nw sub-section (3) to provide that whre a partition has taken place among the members of a hindu undivided family or whrean usoclatlon of pel'lons has been dissolved after a deduction has ben allowed und iub-hctlon (1), the amount withdrawn from the nlllonal savings scheme or received from the life insurance corporation will be domed to be the income in the hands of the reclplnt nd taxed iiccordingly th proposed amendmnts seks to allow a deduction in respect of donations made by any person, other than a person whose gross total income includs incom which is chargabi - under the had ·profits and gains of business or profession· to an association or institution, which has as its object the undertaking of any programme of afforestation, to be used for carrying out any programme of afforestation approved for this purpose th new clause (c:c) s kl to provide that any sum paid by the in the previous yer to the fund for afforestation refrred to in that claus shall be deducted in computing the total income of the a the amndments will take effect from 111 april 1991 and win accordingly, apply in relation to the mnt y', 199192 and subsequnt yars thae amendmnts will take effect from 1st april, 1991 and will 8ccordlngly, apply in relation to ih ment yar 1991-92 nd subsequnt yars clau 18 ahka to amend aub-acuona (2) and (3) of uction 80hh of thlncome-tax act rlating to deduction in repect of proflta and gains from newly tebllahed induatrial undrtakinga or hot1 busineas in backward ar th proposed amndmnts seek to provide that thia aection shall apply to an industrial undrtaking specified in aub-section (2) thereof and to the busin of any hotlspacified in sub-section (3) thereof only if the induatrlal undrtaking begins to manufactur or produce articles or, as the case may be, the bulln a of the hot1 starts functioning before the 1st day of april, 1990 this amendment will take effect from 1 at april, 1990 clause 19 seeks to amend sub-section (2) of section 80hha of the income-tax act relating to deduction in repect of profits and gains from newly established small-scale industrial undertakings in certain areas the proposed amendment seeks to provld that this uction shall apply only if a small-scale industrial undertaking rferred to in sub-section (2) thereof begins to manufactur or produce articl before the 1 st day of april, 1990 this amendment will take effect from 1 st april 1990 clause 20 seeks to amend section 80hhc of the income-tax act relating to deduction in respect of profits retained for export business sulrelauses (a) (i) and (a) (iii) seek to amend sub-section (2) of that section to provide that in order to avail the deduction under the section the sale proceeds of goods or merchandise exported out of india must be received in or brought into india by the assessee in convertible foreign xchange within a period of six months from the end of the previous year or within such further period as the chief commissionr or commissioner may for rasons to be recorded in wr~ing allow sub-claus9 (a) (ii) seeks to provide that in the case of supporting manufacturer who slis goods or mrchandise to any export house or trading house the condition of receipt of sal proceeds in convrtible foreign exchang •• will not apply this amndmnt will take effect retrospectively from 1 st april 1989 and will accordingly apply in relation to the assessment year 1989-90 and subsequnt years sub-clause (b) seeks to substitute sub-section (3) by a nw sub-section to provide thai the profits derived from the export of goods or merchandise as computed undr th • head -profits and gains of business or prof slon- shall be worked out in the same proportion as the sal proceeds recived in, or brought into, india in convertible foreign xchange bear to the total sale proceeds of such goods or mrchandise sub-clause (c) (i) seeks to amnd the definition of the expression -export turnover- in the explantlon 10 as to man the sale proceeds received in, or brought into, india by the ss in convrtible foreign xchange in accordance with cla e (a) of subsection (2) of any goods or merchandise xported out of india sub-clause (c) (ii) seeks to insert a new clause (bb) in the explanation to provide that the expression ,otal turnovr- shall not includ any sum recivabl by an exportr by way of profit on sale of a licence granted under the imports (control) order 1955 cash assistance (by whatevr name called) received or receivabl by any person against exports undr any scheme of the government of india and the repayment of any duty of customs or excise as drawback to any person against exports under the customs and central excise duty drawback rules 1971, referred to in claus (ilia) (liib) and (uic) of section 28 respectivly sub-c/ausi (c) (iii) ks to amnd clause (d) of the expmnmlon 10 u to xtnd th benflt of deduction to a person who proceues goode or mrchandi and sells the same to an export houu or ti'iiding houa for the purposes of xport th prapoaed amndment, othr than in sub-clause (a) (ii) wui tlk effect from 1st april, 1891 and wih, accordingly, apply in rlation to the mnt yar 1991-92 and ubsequent years cu 21 ihka to amnd uction bohhd of the income-tax ad rlatlng to deduction in reapect of amings in convertible forign xchang • sub-daun (a> imki to amnd ub-aectlon (2) of that section to proylde thll the deduction undr it shall be available only in respect of the receipta which r received in, or brought into, india by the in convertible forlgn xchang within a period of ix months from the end of the previous yar or within such further period u the chief commiaionr or commissioner may for raeon to be recorded in writing, allow sub-diaun (b) to amend lub-sec:tlon (3) to provide that the deduction under the udlon hall be restricted in the proportion the receipts in convrtlble foreign xchange received in or brought into, india bear to the total receipts of the businss carried onbyth th proposed amendments will take effect from 1st april, 1991 and will, accordingly, apply in relation to the assessment year 1991-92 and ubaequnt years c/au 22 8mka to amnd i8ction bo-i of the income-tax act relating to deduction in r1pid of profit and gains from industrial undertaldnga, etc sub-da (a) eeks to insert sub-section (1a) this subsection provld that in rlatlon to any proflta and gains derived by ana from-(i) an industrial undertaking which begins to manufacture or produce articles or things or to operate its cold storage plant or plants; or (ii) a hip which i first brought into use; or (iii) the buine of a hot1 which starts functioning, on or after the 1st day of april, 1990, a deduction at the rate of thirty per cent orhmntv-ftv per cent from such profits and galnslhall be allowed in the cam of corporat and non-corporat assesses rspectlvely sulh:lau (b), (c) and (d) aeek to provide that the deduction provided in this uctlon shaft aleo be allowable in the case of the industrial undertaking i, etc, which are lit up on or aftr the 1 st day· of april, 1810, but before the 31st day of march, 1995 scj:h:iaus (e) seeka to provide that the deduction in the case of profit and gains drived by the s881 from industrial undrtaklngs, etc, retrred to in aub-uctlon (1 a) shan be allowed fortn ment yea, further, in the cue of an ass being a co-operillve 1ociety, deriving proflta and gains from an industrial undrtaklng or a hlp or a hot1 referred to in that sub-seetion this deduction \i propolld dbe provided for twelv assssment y rs these amendmnt win take effect from 1 at april, 1990 omum 23 to in rt an explanation at the end of-sub-hction (1)of ucition 8olofthlncom-tax ad relating to deduction in respect of interest on certain securities dividends etc under the _litlng proviaions, intrest on any security of the central govrnment or a state governmnt is allowed as a deduction wllhln ipicifjed limits th proposed amendment is to darfy that the ucur" refrred to shall be the securities as defined in ct (2) of hctlon 2 of the public debt ad 1944 th\e amendment will take effect from 1 at april 1990 and will xxmtlng~ a,piy in relation to th mnt year 1990-91 and ubmquent ymis claus 24 seeks to substitute a new section for section 80m of the income-tax /4j:;1 relating to deduction in respect of certain intercorporate dividends under the existing provisions of section 80m, in the case of a domeatic company, an amount equalto sixty per cent of the income by way of dividends from another domestic company is allowed as a deduction in the oomputatlon of the total income of such domestic company sub-l8clion (1) of the new section seeks to provide that (a) in the cue of a dom tic company, being a lcheduled bank or a public financial institution, an amount equal to sixty percent of the income by way of dividenda from another domestic oompany shall be allowed as a deduction in the computation of the total income of auch domestic oompany; and (b) in the case of other domestic companies, an amount equal to so much of the amount of income by way of dividends from another domestic company, as does not exceed the amount of dividends distributed by such domestic company on or before the due date for furnishing retum of income - hall be allowed as a deduction in the computation of the total income of such domestic company sub-aectlon (2) of the new section seeks to provide that where any deduction in respect bfthe amount of the dividend distributed by the domestic company has been allowed under clause (ii) of new sub-section (1 ) in any previous year, no deduction shall be allowed in retp8ct of such amount in any other previous year sub-section (3) of the new section seeks to make a transitory provision 10 as to disallow any claim for deduction relating to dividend distributed in respect of any period comprised in the previous year ending on the 31st day of march, 1990 the explanation to the new section seeks to define the expressions ·scheduled bank", "public financial institution" end ·duedate· this amendment will take effect from 1st april, 1991 and will, 8ccordlngly, apply in relation to the assessment year 1991-92 and aubhquent years claus 25 seeks to amend section 80r of the income-tax /4j:;1 relating to deduction in resped of remuneration from certain foreign sources in the case of professors, teachers, etc under the existing provisions, an individual who is a citizen of india and renders any service outside india in his capacity as a professor, teacher or research worker in any university or other educational institution or any other association or body stablished outside india is allowed a deduction equal to 50 per cent of the remunration received undersub-clause(a)oftheproposedamendment,thededuction allowable to such an individual will be of an amount equal to (i) fifty per cent of the remuneration; or (ii) seventy-five per cent of such remunerat~n as is brought into india by, or on behalf of, the in accord~nce with the provisions of the foreign exchange regulation act 1973 and any ruls made thereunder whichver is higher ' sub-clau (b) of the proposed amndment eeks to omit the piovlao which restrictt the deduction allowable under that section to - period not exceeding thirty-six months thes amndmnts whl take effect from 1'staprii, 1991 and will, accordingly, apply in relation to the ment yar 1i91-92 and subsequnt yars clause 26 seeks to amend section borr of the income-tax ad relating to deduction in rhpect of profeaelonallncom from foreign lourca in certain ca uader the exi8ting provisions, an individual ldent in india being an author, playwright, artist, musician, actor or sportsm"; (including an athlet) who •• income includes any income deriv8d by him in the xercise of his profession from the govemment of a foreign stat or any person not resident in india, is allowed deduction from such income of an amount equal to twenty-five per cent of the income so recived in, or brought into, india in accordance with the foreign exchange regulation act, 1947 and any rules made thereunder under the proposed amndmnt, the deduction allowable to such an individual will be of an amount equal to (i) fifty per cent of such income; or (ii) seventy-five per cent of such income is brought into india by, or on behalf of, the in accordance with the provisions of the foreign exchange regulation act, 1973 and any rules mad thereundr, whlchevr is higher this amndment will take effect from 1 st april, 1991 and will, accordingly, apply in relation to the assessment yar 1991-92 and subsequent years clause 27 seeks to amend section sorra of the income-tax act relating to deduction in respect of remuneration received for services rendered outside india the proposed amendment seeks to omit the proviso to subsection (1) of section 80rra which restricts the deduction allowable under that sub-section to a period not exceeding thirty-six months this amendment will take effect from 1 st april, 1991 and wiu, accordingly, apply in relation to the assessment year 1991-92 and subsequent years clause 28 seeks to insert new provisions relating to rebate of income-tax in respect of investment in life insurance premium, provident fund, etc and certain equity shares and units presently, the tax concession in respect of investment in life insurance premium, provident fund, etc, as contained in section 80c and certain equity sharas as contained in section 80cc is allowed by way of a deduction from the gross total inoome however, the total deduction is restricted to the amount of gross total income the new provisions now seek to provide that in respect of these investmenls, deduction shall be allowed from the income-tax payable on the total income of any assessment year the new provision under section 87 seeks to provide that the total deduction of income-tax allowable to an assessee under sections 88 and b8a in any previous year shall not exceed the total amount of tax (as computed before allowing the deductions under the said sections) payable by him on the total income of such prvious year the new provision under section 88 seeks to provide that an assessee shall be entitled to a deduction from the amount of inoome-tax (as computed before allowing the deductions undr chapter viii-a) payable on the total income of any assssment yar, ~f an amount ~ual to t~enty per cent of the amount paid or deposited 10 the various achemes enumerated in sub-section (2) sub-section (3) of section 88 provides that the amount of deduction in rspect of premium on an insurance policy whi be with reference to an amount of premium not exceeding ten per cent of the actual capital sum assured sub-section (4) of section 88 seeks to specify the persons in whose name the invstments can be made sub-section (5) of section 88 seeks to provide that no deduction shall be allowed with reference to so much of the amount as xceeds rupees ten thousand in respect of any sum paid or d~sit~ for the purposes of purchase or construction of a residntlal house property the construction of which is completed after the 31 st march, 1987 as provided in clause (xv) of 8 ~ -~ ~ u~~ s~b-mction (6) of section 88 seeks to provide that the deduction 1 thie amendment wit tim rtect from 1 it april, 1990 emu 32 to amend mctton 138 ~ the income-tu ad relating to the return of income from the amount of income-tu uoo sub-sedlon (1) shar not exceed fourteen thousand ruj)hs in the cue of an author playwright, artist, musician, actor or sportsman (including a~ athlete) and ten thousand rupees, in other cases sub-sectlon (7) of section 88 seeks to provide the consequences in the event of failure to continue to participate in certain ac:hemes or transfer the hou property referred to in clause (xv) of sub-secllon sub-cieun (a) seeks to provide tut the due date for fumllhlng the return of income in a cae where the ass oiher than a company, is required to furnish a report of an accountant under section 80hhc or mction sohho ahali be the 31~ day of octcber of the useaament year (~ before the expiry of two years or five yeara u mantiqned in that slb-section thla amendment wii take effect kom 1st apri, 1991 and will, accordingly, apply in relation to the amant yni' 1891-82 and subsequent yeara s/jb-cisu •• (b) eeks to lubst,ltute a new clause for clau (b) of the proviso to sub-section (10) of that section so thai a firm wei as a partner of a fnn can file the return of income even if thelncame is below the taxable "mit this amendment wih tllke liffect from 1 at april, 1980 ciliuse 33 seeks to amend section 139a of the lncomhu ad relating to allotment of pennnent account number the new provision under section 88a seeks to lubetltute the existing provision of section 80cc with certain modifications presently, deduction in r pect of inveatment in eligible lasu of capital orthe units under the scheme of the mutuat'fund re"rredto in ciau (230) of section 10 or of the unit trust of india is allowed from the gross total inoome the new provisions seek to provide that deduction at the rate of twenty per clnt of the amount d investment in the eligible issue d capital or such units wili now be aliowed from the amount of income-tax (as computed before allowing the deductions under chapter viii-a) payable by the on the total income of any assessment year the total amount of invstmnt now iigible for deduction has ben increased to rupees twnty-five thousand from rupees twenty thousand the proposed amndment seeks to make it obligatory for aft categories of pttnlons who are required to furnish their returns of income under the provisions of 8ub-aec:tlon (4a) of section 139, to apply for the allotment of permanent account number thie amendment wid take effect from 1st april, 19qo and wlh, accordlngly • appiy in relation to the ssment year 199q81 and subsequent ~ra clause 34 s"ks to amend section 142 of the income-tax ad further, the new section 88a also seks to provide that the mutual funds and the unit trust of india shall invest the funds mobilised by them in the eligible issue of capitai within a period of six months from the clos of subscription to their schemes pending investment in the eliglbl issue of capital, thy may invest their funds in such securities of the central government as may be approved by the board in this behalf the aforesaid provision also seeks to provide that the tax concession will not be available in respect of investmnt in the units of any scheme of mutual fund or the unit trust of india, the subscription to which closes after 30th sptmber, 1990 th proposed amendment seeks to amend clau (i) of subsection (1) of thea hcllon 10 that a notice calling for a return of income can be issued under sub-section (1) of that section ven within the relevant assessmnt yar atter the time allowed under sub-section (1) of section 139 for filing the return hu xplred this amendment will take effect 'rom 1 st aprii, 19qo thes amendments will take effect from 1 at april, 1991 and will, accordingly, appiy in relation to assessmnt year 1991-92 and subsequent years clause 35 seeks to amnd section 143 d the income-tu ad relating to assssmnt clause 29 seeks to amend section 115-i of the income-tax act relating to non-application d chapter xii-a at the option of the asses the proposed amendmnt seeks to do away with the requiremnt of filing a separate dactaration in writing by a nonresident indian along with his return of income to opt that the chapter shall not apply to him in an assessment yar aftr the amendmnt, such option can be xrclsed by him by filling in the appropriate column in the return of incom • this amendment will take effect from 1st april, 1990 and whl, accordingly, apply in relation to the assessment year 1990-91 and subsequnt years clause 30 seeks to amend sub· section (1 ) of section 115j of the income-tax ac1 containing special provisions relating to certain companies th proposed amendment seek to provide that the provisions of this section shall not apply to an ush8tnent year which commences on or artr the 1 st day of april, 1991 thla amendment wid take effect from 1st april, 1990 claus 31 seeks to amend ection 119 of the income-tax ad the proposed amendment to insert a new aub-mctidn (18) in that section to covr c:aaes where a revised return is furnished by an assess •• under sub-section (5) of section 139 the provisions of sub-ections (1) and (1 a) of this section shall apply in relation to such revimd rums in view of the propomd amendmnts, the intimation already sent for any inc:ome-tax, additional income-ux or interest can be amended on the buil of the said rwiaed return and the amount ~ income-tax, addiiionai incomtu or interest can be enhanced or reduced u a reaul of such amendments 5anllarty, the amount of refund iiready granted can be enhanced or reduced on the basil of the said reviled return it i, however, being provided that an ", who hufumlaheda rvlsed return after the aervice upon h,lm of the intimalion under sub-section (1) of section 143, shall be liabl to pay addlllonal income-tax in relation to the adjustmnts made under !he first proviso to clause (a) oilub-section (1) and specified in the said intimation, whether or not, the asses8 h made the said adjustmnt8 in the revised return - , this amendment wid take ffect retrospectively from 1st april, 1989 and will accordingly, apply in rlation to the aaaeument year 1988-90 and s~uant years claus 36 to amend section 145 of the income-tu 1d rlating to the method of accounting under the existing provisions of clause (a) of sub-section (2) of the ection, the board is empowered to relax the provisions of certain sections of the ad, mentioned in the said ctause, relating to ment and collection of revenue in respect of any clas of incomes or class of cues the proposed amendment seeks to insert a new provilo to provide that no ssee hall be precluded from being charged to lnoome-tax in raped of any interest on ecurltles reoelwd by him in - prevtoua "fui, f tuch interest had not been charged to incomhax for' any eerier pnmoua yelll's the proposed amendment ueks to incorponde refermc81 of sections 139, 234a and 2348 also in the said ci, (a) oilany valuable article or thing from removing it this amendment win taka effect ruoapectlvely from 11t april, 1989 and will, accordingly, ~ in relation to the "ent yhr 1989-90 and subsequent yea, claw 371hks to amend aec:tion 151 of the lncome-tax ad this amendmnt will take effect from lit april 1990, emilie 46 seeks to omit chapter xxii-b of the inc:ome-tax at:! relating to tax credit oertlficat the proposed amendmnt •••• to nend ,ub-,ectlon (1) of that section to provide that where an ulllllmnt hu been completed under section 143(3) or hctton 147, an as ing officer below the rank of assistant commissioner can reopen the assessment w~h the approval of the deputy commlulonr, if he finds that any income has eacaped mnt this amendment will take effect from 1st april 11) under the provisions of this chaptr, which was introduced with effect from 111t april, 1985, tax credit certlflca1 were granted to a18ih88 fulfilling certain conditions th e certificates w8f8to be utilised for the adjustment of the tax liability or for refund or both this chapter has now become virtually redundant and is, therefore, being omitted however h a person still pea"s", any tax cred~ certificates granted under seotion 280z or section 280zc, he shall be allowed to utilise the same up to 31 st march, 1991 this amendment will take affect from 1 st april, 1990 c/aus947 seeks to amend section 288 of the income-tax ai;j clause 38 seeks to insert a new ection 1 q4f in the income-tax act relating to deduction of tax at source under the proposed section, the person responsible for paying to any person any amount r ferred to in sub-section (2) of section ioccb ihan deduct income-tax thereon at the rate of twenty per oint the proposed amendment in clause (b) of sub-section (4) of that section seeks to provide that a person on whom penalty has been imposed under section 271 (1 )(ii) shall not be dlsquallfted to represent an assessee as authorised representative this amendment will take effed from 1st april, 1991 and will accordingly apply in relation to the as mnt yar 1991-92 and subsequent years this amendment will take effect from 1 sl apri: 1990 clause 39 seeks to amnd section 246 of the incom-tax at:!claus9 48 seeks to make certain amendments of a consequential nature in different provisions of the income-tax act c/aus949 seeks to amend section 2 of the wealth-tax ad under the proposed amendments, appeals against orders imposing penalties under sections 271 c 2710 and 271 e are now to be flied before the commissioner (appeal) instad of before the deputy commissioner (appeals) th amendments are consequential to the amendments made in sections 271 c, 2710 and 271 e of the act these amendments will take effect from 1 st april, 1990 the proposed amendment seeks to amend the definition of the expression ·regular assessment· given in clause (ob)ofthat section so as to clarhy that it would mean an assessment made only under sub-section (3) or sub-section (5) of section 1 6 claus 40 seeks to amend section 268 of the income-tax actthis amendment will take effect retrospectively from 1st aprl, 1989 under the existing provisions of the section h the assessee was not furnished with a copy of the order when the notice of the order was served upon him then, in computing the period of lim~ati'jn prescribed for an appeal, the time required for obtaining a copy of such order shall be excluded the proposed amendment seeks to apply the said provisions to applications made under section 256 this amendment will take effect from 1st april, 1990 clause 50 seeks to amend clause (xxviic) of sub-section (1) of section 5 "fthe wealth-tax act to extend the exemption from wealthtax in respect of deposits made, in accordance with the scheme referred to in item (i) of sub-clause (iv) of clause (15)of section 100f the income-tax at:! by an employee of the central government or a state government al~o to deposits made by an employee of the public sector company it is also proposed to i n98rt an explanation in that clause to define the expression ·publlc sector company· clause 41 seeks to insert a new section 271 bb in the incometax act relating to penalty forfauure to subscribe to the iiglblelssue of capital these amendments will take effect from 1 st april, 1991 and will, accordingly, apply in relation to the assessment year' 991·92 and subsequent years clause 51 seeks to amend section 10 of the wealth-tax at:!_ the proposed amendment seeks to empower the central board of direct taxes to relax the provisions of sections 14, 15 and 178 also in respect of any class of cases this amendment will take effect irom 1 st april, 1990 the new provision seeks to provide thai whoever falls to subscribe any amount of subscription to the units leaued under any scheme referred to in sub-section (1) of section iia to the eligible issue 01 capital under that sub-section within the period of six months specified therein, may be dlracted by the deputy comr"issioner to l"ay by wwf of penalty uum equal to twenty per cent of t1'l9 amount not subscribed to the ellgble lesue of capital this amendment will take effect from 1t april, 1990 claus9 52 seks to amend section 16 of the wealth-tax ~ relating to assessment claus9s42 4380044 seek to amend sectlona271c, 2710 and 271 e of the income-tax at:! sub-claus9 (8) seeks to insert a new sub-section (18) on the line of similar sub-section inserted in section' 43 of the income-tax act vid9 clause 35 the proposed amendments seek to insert a new sub-section (2) in eaeh of the said sections to provide that penalty under each section shall be imposed by the deputy commissioner these amendments will take effect from 1st april 1990 this amendment will take effect retrospectively from 11t april, 1989 and will, accordingly, apply in relation to the assessment yaar , 989-90 and subsequent years clause 45 seeks to amend section 275a of the inc:oq1e-tax act relating to punishment for contravention of c4trtaln orders made under section 132 sub-claus (b) seeks to amend sub-section (4) on the hnes of similar amendment made in section 142 (1) of the incoma-tax at:! vkte ci~ 34 this amendment will take affect from 1at april, 1iqo clallle 53 seeks to amend section 17 of the wealthtax ltd i the proposed amendment seeks to amend clau (a) of sub-the proposed amendment l88kalilo to provide for punishment in case of contravention of order made by 1ht a"'horimd offar under the second proviso to ub-aectlon (1) mellon 132 prohibiting the owner or person who is in immediate poa ion or control of - 1989-90 and subsequent years hction (1 b) of that section on the lines of similar amendment made in the corresponding section 151 (1 ) of the income-tax act this amendment will take effed from 1 st april, 1990 clauss 54 seeks to insert a new section 35eee in the wealth-tax /let the new section seeks to provide for punishment in case of contravention of an order made by the authorised officer under the second proviso to sub-sect ion (1 ) or sub-section (3a) of section 37 a prohibiting the owner or person who is in immediate posseslion or control of any valuable article or thing from removing it any person contravening the said orders shall be punishable with rigorous imprisonment up to two years and with fine this amendment will take effect from 1 st april 1990 clause 55 seeks to amend sub-section (1) of section 35k of the wealth-tax act relating to bar o~ prosecution etc the proposed amendment seeks to apply sub-section (1) of section 35k to the assessment in any assessment year so that no person is proceeded against for an offence under section 35a or section 35d where the penalty imposed or imposable under section 18(1)(lii) has been reduced or waived under section 18b this amendment will take effect restrosp8ctivly from 1 st april 1989 clause 56 seeks to substitute a new rule for the existing rule 18 of schedule iii to the wealth-tax act under the existing provisions of clause '(a) of rule 18, the assessing officer has to compulsorily accept the valuation declared by the assessee in the return in case the declare~ value of the jewellery does not exceed rupees five lakhs clause (b) provides that in every case where the value of jewellery declared is in excess 01 rupees five lakhs, the assessing officer has to compulsorily reier it to the valuation officer the proposed amendment seeks to provide that the value of jewellery shall be estimated to be the-price which it would fetch if sold in the open market on the valuation date however, if the assessing officer is of the opinion that the value of jewellery declared in the return is less than the fair market value, he may having regard to the provisions of clause (a) or sub-clause (i) of claue (b), of sub-section (1) ofsection 16a refer it to the valuation officer and the value estimated by the said officer shall be the value of such jewellery it is also being provided that the assessee has to make a statement in the prescribed form, where the value of jewellery declared by him in the return does not exceed rupees five lakhs however where the value of the jewellery declared by the assessee exceeds rupees five lakhs, the return has to be supported by a report of the registered valuer a consequential amendment is also being made in rule 19 these amendments will take effect from 1 at april, 1990 and will, ac:oordingiy awly in relation to the assessment year 1990-91 and subaequent years claus 57 seeks to amend section 9 of the gift-tax adthe proposed amendment seeks to empower the central board of direct taxes to relax the provisions of sections 13, 14 and 16b also in respect of any clasa of cases this amendment will take effect from 1 at april, 1890 claus958 seeks to amend section 15 of the gift-tax act relating to assessment sub-clau (a) seeks to insert a new sub-section (1 b) on the lines of similar sub-section inserted in section 143 of thelnoome-tax ad vkj clause 35 this amendment win take effect retrospectively from 1st april, 1989 and will accordingly, apply in ntlation to the uaessm8nt year sub-c:iaw (b) to amend aub-section (4) on the lines of similar amendment made in section 142 (1) of the income-tax act vldeolause 34 this amendment will take 8fftct from 1st april 1990 emiii 50 seeks to amend section 18 of the gift-tax act the proposed amendment seeks to amend clause (a) of sub· section (1 b) of that section on the lines of similar amendment mad" in the corresponding section 151 (1) of the income-tax act this amendment will take effect from 1st april 1990 clause 60 seeks to amend the customs act, 1962 sub-ciau •• (a) snks to substitute sub-section (5) of section 1290 to provide that where the members of a bench differ in opinion on any point, the point shall be decided according to the opinion of the majority, but if the members are equally divided, they shall state the point or points on which they dlffll' and make a reference to the president who ihd either hear the point or points himself or refer the case for hearing on luch point or points by one or more of the othll'members such point or points ahall be decided according to the opinion of the majority including the members who had first heard the point or polnta sub-ciau (b) aka to insert a new section 154a which provides for rounding off of duty interelt, penalty, fine or any othel sum payable or due under the provisions of the act clause 61 read with the second schedule seeks to amend th~ customs tariff ad, 1975 to-(a) raise the buic customs duty rates on-(1) ash and residus, containing mainly copper; and (2) sparking plugs; (b) restructure the basic customs duty on specific cum ad valorem buls on-· (1) saccharin and its salts; (2) sude fasteners and parts thereof c/aus&2a ki to ivy up to the 31st march, 1991 auxiliary duties of customs on all imported goods at the rate of 50"looftheir value claus 63 s ks to amend the central excises and salt act 1944 80 as to insert a new section 37d which provides for rounding off of duty interest, penalty, fine or any other sum payable or due under the provisions of the ad clalll &4 read with the third schedule seeks to amend the central excl tariff act, 1985 to -(a) impose a levy on ethyl alcohol other than alcoholic liquors for human consumption; (b) raise the statutory rates of basic excise duty on-(1) whole milk powder; (2) coff iubstitutas, coffee husks and skins; (3) milt inurn and wheat gluten; (4) gums, mint and othll' vegetable saps and extracts: (5) vegetable plaiting materials and other vegetable products; - t (8) animal fats and oils industrial fatty acids and alcohols vegetabl and insld waxes: (7) cocoa and cocoa preparations; (8) roasted chicory and other roasted coffee substitutes, extracts, e enees or ooncentrates of coffee, ),e86t, baking powders ice cream and pan masala; (9) vinegar and lbitltut thereof; (10) cigaretlel and certain other tobacco products; (11) hydroxld and peroxides of sodium and potassium; alumium hydroxide; (12) dmt and pta; (13) <mini1 and other organs and extracts thereof, heparin rubber for reioiing or reputng or riitreiiding or rubmr tyrea; (3) chapler 44 10 to inboduce - new chipier nat to provide a deflnllidn for "iimiar iaminiled wood-; (4) chapter 48 10 as to introduce - new chapter note to pnwide a dtifinltion tor "wall ~r "'" airaiiar wall ccjyeringt-; (5) c er 59,-(a) 10 to ammd nat 2 ing to imjrgnatecl'coet" tbrtci to cover plftltltfor dlecretely plmtle coated textle ftbtlca 1ft heading no 5903; (b) 80 to introduce newchapter note to provide a definition for 'extile wall coverings- and iii for therapeutic or pigphyiaciic umi; (14) 0rgnic 8utf-=e &tive iigmta, 1urf_-«tive prepnlions and wuhlng prepandioni: (15) certain varieties of tyres and flapi; (16) certain articles of !either; (17) manufactur of furskina and artificial fur; (18) certain specified wood products; (19) certain articles of peper and paperboard; (20) pper transf ; (21 ) jute and jute products; (22) textile fabrics, coated, covered or laminated with plastics; (23) mill stone grind stones and certain other articles of atone plaster, cement, ubnt08 mica and ilmilar materials; (24) glass inners for vacuum flasks and other vacuum v ; (25) certain specified precious metals and artleles thereof; (26) pig iron, ferrous products obtained by direct reduction of iron ore and other spongy ferrous products; (27) iron ingots, waste and scrap of iron or sthi, granules, powders, etc, of pig iron; (28) tubes pipes and hollow pdin of iron or iteel; clause 65 seeks to levy up to the 31t march, 1991 special duties of excise on all excisable goods at the rate of 10 per cent, of the duty leviable under the central elcciaes and salt act '1844 read with the schedule to th, central excim tariff ad, 198& claus66 read with the fourth schedule seeks to amend the first schedule to the additional duties of excim (goods of special importance) act, 1957, so as fo-(a) raise the additional excise duty on-(1) cigaretts; (2) textile fabric:a, coated of' coyered or 'aminated with plastics; (b) omit from the 8copi of additional excise duty in hau of sales tax-(1) woollen hair belting and woollen b&ankets; (2) certain rubberised textile fabrics; (c) change the tariff deecriptlon and the duty in resped of cotton and man-made fabrics clause 67 seeks to raim the additional exdm duty under the additional duties of exdm (t'xtiih md t •• articlas) act 1978, from 15 per cent to 20 per cent 01 the duty leviable under the central excises and sal act, 1944 rud with the schedule to the central excim tariff act, 1985 clause 68 seeks to repeal the khadl and other handioom industries developmnt (addilional excin duly on ciolh) ad, 1953 ciaun 89 hlks to amend mdioni 41 and q 01111 fimnce ad, 1989, 10 to make eppiic8bie the ieyy of inland air tr tu on the entire ticket lat, whether paid ,in lndim currency or vi any other currency, from a dille to be notified by the central government ciauae 70 seeks to s&bltltute the firal soheduiaio the indian post office aa, 189810 as to revisethar ot certain iniandpolwl services included therein it is proposed to incr the ride of printed ~ card from the existing 0040 palm to 80 paiee the rate of latter card ie 35 paisa plus 15 piifm - itatidnery ehargformbossedleltercardltlsnowpropomd" ar15 paise par latter card and do -y with 1ijiiidnery charge for envelopm the praeent r •• ii eo ptm far'" firit 10 gma and 40 pal for every 10 gml in exqm8 of3i o ",, " a stationery charge of 15 paiae for emboihd - it now proposed to fix a rate of re1 forlhefi1ll20grm 1 for,, addltionat20 gnia orbcllonthereaf •• "1110"~ledto with the present stationery chaige thepresantr ofbookplltllm_ so for the tnt 50 gma and 5o tor, 100-• ii now prapo uofix ciifre1 101' _ - evwy mditionai100 or·hctidn the preeent !iii for pm it 4 for -y_ traction 1hereoi' ie now '_ c-d to , __ sqo gme or faion (29) certain oooking and other appliances of iron or athi and other cast articlee of iron or 1; (30) lead and articles thereof; (31) crtain specified articles of zinc; (32) video recording or reproducing apparatus; (33) certain eledrlcal machines and apparatus having individual functions; (34) motor cars and other motor vehicles for tranaport of pef1ons; chassis for public transport type passenger motor vehlclea and vehicles for the transport of goods; and (35) vacuum flasks and other vacuum vessels and parts thereof; (e) reduce the statutory rates of basic excise duty on-(1) chemically pure sucrose, sugar preparations and sugar confec:tlonary, not containing cocoa; (2) residues and waste from food industries; (3) cement clinkers, aluminous cement and marble ,ldues; (4) or, alag and uh; (5) certain types of tyres; (6) leather; (7) manufactures of straw, eapwato and other plaiting materials; (8) wood pulp; (9) foot wear and parts thereof; (10) headgear and parts thereof; (11) waii-:ng sticks seat it!cka, wh __ - etc; (12) artificial flowers and adlclu 01 human hair; (d) chinge the tariff description and rtruc:lure the duty rates in r8lp8ct ot-(1) certain minerallubatanees; (2) tyrm for mimiii drawn vtt and hand carts; (3) coacn yam and fabrlcl; (4) synthetic iitiicw ftiiinent yrn and man-made ; (5) unoieum mci ocher textile tidor cov and wah ooveringa; (e) chinge the chiipw not8i in r at-(1) chapter 25, 10 _eo the tang note 2 as a ociriuq;uenoe at gf '12\a1on or minerai iom; (2) chiipiw40loato to, lcopeor and of "" nino' lihirthin hllld , section and under clause (d) of that sub-section, the central board of direct taxes is empowered to approve certain securities of the central government and to make rules for the purposes of the said provisions clause 10 of the bill seeks to substitute sub-section (1) of section 35ccb of the income-tax act under clause (a) of that sub-section, programmes of conservation of natural resources or afforestation are to be approved by an authority prescribed by rules under clause (b) ofthat sub-section, the central government is empowered to notify a fund for afforestation for the purposes of that section clause 11 of the bill seeks to substitute explanation 4 of section 43b of the income-tax act under clause (c) of explanation 4, the central government is empowered to approve state industrial investment corporations engaged in the business of providing long-term finances for the purposes of section 43b clauses 31, 51 and 57 of the bill seek to amend section 119 of the income-tax act, section 10 of the wealth-tax ad and section 9 of the gift-tax act, respectively under the propoaed amendments, the central board of direct taxes is being empowered to issue general or special orders in respect of any class of incomes or class of cases in relation to matters covered by section 139, section 234a and section 234b of the income-tax act, section 14, section 15 and section 17b of the wealth-tax ad and section 13, section 14 and section 16b of the gift-tax act respectively clause 15 of the bill seeks to insert a new section 80ccb in the income-tax act under sub-section (1) of that section, the central government is empowered to specify a scheme under which plans are to be formulated for the purposes of issuing units of any mutual fund or of the unit trust of india clause 56 of the bill seeks to make certain amendments in schedule iii to the wealth-tax act under clauses (i) and (ii) of sub-rule (2) of rule 18, the central board of direct taxes is being empowered to make rules for prescribing forms in which the assessee will make a statement or, as the case may be, the valuer of jewellery will give a report clause 16 of the bill seeks to insert a new section 8000 in the income-tax act under clause (b) of subsection (1) of that section, the central board of direct taxes is empowered to make rules for specifying permanent physical disability and the extent of mental retardation which will enable an assessee to claim benefit under the said section the aforesaid provisions of the income-tax ad, the wealth-tax act and the gift-tax act empower the central government or the central board of direct taxes to issue notifications, specify schemes and make rules for the purposes specified in the relevant provisions the matters in respect of which notifications may be issued or schemes may be specified or rules may be made in accordance with the aforesaid provisions are matters of administrative detail or procedure and it is not practicable to provide for them in the bill itseh the delegation of legislative power is, therefore, of a normal character section 28 of the bill seeks to insert new sections 87,88 and 88a in the income-tax act under clauses (v), (ix), (xi), (xiii), (xiv) and (xv) of sub-section (2) of section 88, the central government is empowered to specify various matters in relation to certain funds and schemes covered by the said clauses under the proviso to subsection (1) of section 88a, proviso to sub-clause (ii) and sub-clause (iv) of clause (a) of sub-section (3) 01 that a bill to give effect to the fmanciai proposals of the central government for the financial year 1990-91 (prof madhudantiavate, minister of finance) | Parliament_bills | f575fe97-0ff0-5a8f-8c30-ffa2517d47e3 |
bill no 43 of 2006 the delhi laws (special provisions) bill, 2006 a billto make special provisions for the areas of delhi for a period of one year and for matters connected therewith or incidental theretowhereas phenomenal increase in the population owing to migration has put tremendous pressure on land and infrastructure in delhi resulting in developments which are not in consonance with the master plan of delhi 2001 and the building bye-laws;and whereas keeping in view the perspective for the year 2021 and emerging new dimensions in urban development, the central government has proposed extensive modifications in the master plan of delhi, which have been published and suggestions and objections have been received in respect thereof from the public, and the finalisation of the master plan 2021 is likely to take some more time;and whereas the central government has constituted a committee of experts to look into the various aspects of unauthorised construction and misuse of premises and suggest a comprehensive strategy to deal with them;and whereas a revised policy for relocation and rehabilitation of slum dwellers in delhi is also under consideration of the central government;and whereas a strategy is proposed to be prepared by the local authorities in delhi in accordance with the national policy for urban street vendors;and whereas action for violation of the provisions of the master plan, 2001 and building bye-laws, before a final view is taken in the matter by the government, is causing avoidable hardship and irreparable loss to a large number of people;and whereas some time is required for making orderly arrangements in terms of the proposed master plan 2021;and whereas it is expedient to have a law to provide temporary relief to the people of delhi against such action for a period of one year within which various policy issues referred to above, are expected to be finalised; be it enacted by parliament in the fifty-seventh year of the republic of india as follows:—1 (1) this act may be called the delhi laws (special provisions) act, 2006(2) it extends to delhishort title, extent and duration510 of 1897(3) it shall cease to have effect on the expiry of one year from the date of its commencement, except as respects things done or omitted to be done before such cesser, and upon such cesser section 6 of the general clauses act, 1897, shall apply as if this act had then been repealed by a central actdefinitions2 (1) in this act, unless the context otherwise requires,—1066 of 1957punjab act 3 of 1911 61 of 1957(a) "building bye-laws" means bye-laws made under section 481 of the delhimunicipal corporation act, 1957 or the bye-laws made under section 188, sub-section (3) of section 189 and sub-section (1) of section 190 of the punjab municipal act, 1911, as in force in new delhi or the regulations made under sub-section (1) of section 57 ofthe delhi development act, 1957, relating to buildings;1566 of 1957(b) "delhi" means the entire area of the national capital territory of delhi exceptthe delhi cantonment as defined in clause (11) of section 2 of the delhi municipal corporation act, 1957;(c) "encroachment" means unauthorised occupation of government land orpublic land by way of putting temporary, semi-permanent or permanent structure for residential use or commercial use or any other use;2066 of 1957 44 of 1994 61 of 1957(d) "local authority" means the delhi municipal corporation established underthe delhi municipal corporation act, 1957, or the new delhi municipal council established under the new delhi municipal council act, 1994 or the delhi development authority established under the delhi development act, 1957, legally entitled to exercise control in respect of the areas under their respective jurisdiction;25 2561 of 1957(e) "master plan" means the master plan for delhi 2001 notified under the delhidevelopment act, 1957;(f) "notification" means a notification published in the official gazette30(g) "punitive action" means action taken by a local authority under the relevantlaw against unauthorised development and shall include demolition, sealing of premises and displacement of persons or their business establishment from their existing location, whether in pursuance of court orders or otherwise;(h) "relevant law" means in case of—61 of 1957(i) the delhi development authority, the delhi development act, 1957; (ii) the municipal corporation of delhi, the delhi municipal corporationact, 1957; and66 of 1957544 of 1994(iii) the new delhi municipal council, the new delhi municipal councilact, 199410(i) "unauthorised development" means use of land or use of building orconstruction of building carried out in contravention of the sanctioned plans or without obtaining the sanction of plans, or in contravention of the land use as permitted under the master plan or zonal plan or layout plan, as the case may be, and includes encroachment(2) the words and expressions used but not defined herein shall have the meanings respectively assigned to them in the delhi development act, 1957, the delhi municipal corporation act, 1957 and the new delhi municipal council act, 199461 of 1957 66 of 1957 44 of 199415enforcement to be kept in abeyance3 (1) notwithstanding anything contained in any relevant law or any rules, regulationsor bye-laws made thereunder, the central government shall within a period of one year of the coming into effect of this act, take all possible measures to finalise norms, policy guidelines and feasible strategies to deal with the problem of unauthorised development with regard to the under-mentioned categories, namely:—(a) mixed land use not conforming to the master plan;20(b) construction beyond sanctioned plans; and (c) encroachment by slum and jhuggi-jhompri dwellers and hawkers and streetvendors,so that the development of delhi takes place in a sustainable and planned manner25(2) subject to the provisions contained in sub-section (1) and without prejudice toany judgment, decree or order of any court, status quo as on the 1st day of january, 2006shall be maintained in respect of the categories of unauthorised development mentioned in sub-section (1)30(3) all notices issued by any local authority for initiating action against the categoriesof unauthorised development referred to in sub-section (1), shall be deemed to have beensuspended and no punitive action shall be taken during the said period of one year(4) notwithstanding any other provision contained in this act, the central government may, at any time before the expiry of one year, withdraw the exemption by notification in the official gazette in respect of one or more of the categories of unauthorised development mentioned in sub-section (2) or sub-section (3), as the case may be354 during the period of operation of this act, no relief shall be available under the provisions of section 3 in respect of the following categories of unauthorised development, namely :—the provisions of this act not to apply in certain cases(a) any construction unauthorisedly started or continued on or after the 1st day of january, 2006;40(b) commencement of any commercial activity in residential areas in violation ofthe provisions of the master plan of delhi 2001 on or after the 1st day of january, 2006;(c) encroachment on public land on or after the 1st day of january, 2006 except in those cases which are covered under clause (c) of sub-section (1) of section 3;(d) removal of slums and jhuggi-jhompri dwellers and hawkers and street vendors, in accordance with the relevant policies approved by the central government for clearance of land required for specific public projects5 the central government may, from time to time, issue such directions to the local authorities as it may deem fit, for giving effect to the provisions of this act and it shall be the duty of the local authorities, to comply with such directions5power of central government to give directions statement of objects and reasonsbeing a major centre for economic growth, the national capital territory of delhi attracts large number of people from across the country, estimated at about 5 lakh immigrants every year this has resulted in a huge growth in demand for housing and commercial space however, a number of factors such as restricted density norms, slow pace of acquisition and development of land, low supply of built up accommodation and commercial space and inadequate enforcement have resulted in creating a growing gap between demand and supply of both shelter and commercial space2 all development in delhi is governed by the master plan notified under the delhi development act, 1957 and provisions of the unified building bye laws 1983 in order to provide for the needs of the increasing population of delhi with a perspective of 2021, the master plan of delhi 2001 has been taken up for extensive revision with the approval of government, draft master plan of delhi 2021 has been notified by the delhi development authority on 16th march, 2005 nearly 7000 suggestions and objections were received from the public and other stake holders and the same are under examination by a board of inquiry and hearing finalisation of the master plan is likely to take some time meanwhile, in various ongoing matters, hon'ble courts have issued directions for immediate action against unauthorised constructions and misuse of premises including demolition and sealing considering the extent and magnitude of the problem, a committee of experts has been constituted by the central government on 14th february, 2006 to suggest a comprehensive strategy to deal with the issue the recommendations of the committee shall be considered by government for policy options and strategy to deal with the matter3 the gap in the demand and supply of shelters has also given rise to a large number of unauthorised colonies on both public and private land as well as the growth of slums on public land it is estimated that there are around 1400 unauthorised colonies in delhi and over 6 lakh families living in slums and jhuggi-jhompri the government had earlier finalised guidelines for regularisation of unauthorized colonies existing as on 31st march, 2002 under certain specific terms and conditions based on the representations received in this regard, further revision in the guidelines for regularisation of unauthorised colonies is under the consideration of the central government4 as regards the slums and jhuggi-jhompri existing in delhi, the slum and jj wing of municipal corporation of delhi and the delhi development authority have been relocating the eligible slum families by providing alternate plots under the current policy for relocation of slum dwellers in view of the growing scarcity of land in delhi and in order to counter alleged alienation and speculative transfer of such relocation plots, a revised policy for rehabilitation of slum dwellers in multi-storied tenements as well as through in situ regularisation, is under consideration in the meantime, various orders and directions have been issued by the hon'ble courts for removal of slums irrespective of the availability of land for their relocation it is difficult for the agencies to implement directions of the courts in a rigid time limit for removal of slums, within the framework of current policy due to nonavailability of land the removal of slum dwellers who are otherwise eligible for relocation under the policy require protection from their displacement pending finalisation of the revised policy5 there are also a large number of street vendors in different parts of delhi in pursuance to the national policy of urban street vendors, court has issued directions to the local bodies to frame specific scheme for street vendors while the local bodies are formulating schemes in pursuance of the court's directions, it has to be ensured that the schemes are realistic and take into consideration not only the concerns of hawkers and squatters but also citizens' right on the public places this would also require some time for finalisation6 while a large number of persons would be affected by the decisions relating to such unauthorised development, at the same time, there is wide divergence of public opinion and views on the best way to deal with these issues these have to be taken into account while finalising a comprehensive and balanced strategy, on each of these complex issues this process would involve ground level survey, collection of requisite data, its analysis, consultation with residents societies and residents welfare associations by the local bodies professional expert organisations may also have to be involved to formulate a sustainable strategy this will take sometime7 therefore, it has become necessary to take all possible measures for the finalisation of the norms, policy guidelines and feasible strategies in respect of problems relating to the unauthorised development in respect of the mixed land use, construction beyond the sanctioned plans and encroachment by slum dwellers, jj dwellers, hawkers and street vendors in delhi within a definite time frame while this exercise is taken up by government and its relevant agencies, it has become necessary to maintain status quo in respect of these categories of unauthorised development existing as on the 1st january, 2006 for this purpose, it is proposed to enact a law to enable the government to take a balanced and wellconsidered view on policies involving such unauthorised development so that the development of delhi takes place in a sustainable and planned manner, and also provide temporary relief to the persons residing or carrying out commercial activities or otherwise dependent upon such unauthorised development, till such time as the policy or strategy is finalised the government, therefore, considers it necessary and desirable to make a special law for this purpose for the national capital territory of delhi8 in view of the above, it has become necessary in larger public interest to make special provisions providing inter alia for taking of all measures to finalise norms, policy guidelines and strategies in respect of the aforesaid categories of unauthorised developments and for maintenance of status quo for one year from punitive action against such unauthorised development, in order to meet the aforesaid objects9 the bill seeks to achieve the above objectss jaipal reddynew delhi;the 10th may, 2006———— a billto make special provisions for the areas of delhi for a period of one year and for matters connected therewith or incidental thereto————(shri s jaipal reddy, minister of urban development)mgipmrnd—426ls(s-5)—11-05-2006 | Parliament_bills | 0f7a7c10-36a2-5298-8f63-41c55a2c5a62 |
bill no 159 of 2017 the punjab municipal corporation law (extension to chandigarh) amendment bill, 2017 a billfurther to amend the punjab municipal corporation law (extension to chandigarh) act, 1994be it enacted by parliament in the sixty-eighth year of the republic of india as follows:—1 (1) this act may be called the punjab municipal corporation law (extension to chandigarh) amendment act, 2017short title and commencementamendment of act 45 of 19942 in the punjab municipal corporation law (extension to chandigarh) act, 1994, in the schedule, in part ii, in section 90,— (a) for clause (a), the following shall be substituted, namely:—'(a) in sub-section (1),—5(i) clauses (b) and (c) shall be omitted; (ii) in clause (e), the word "and" occurring at the end, shall be omitted; (iii) after clause (f), the following clause shall be inserted, namely:— "(g) a tax on entertainments and amusements" ' ;10 (b) for clause (b), the following shall be substituted, namely:—'(b) in sub-section (6),—(i) after the words and figures "punjab motor vehicles taxation act, 1924," the words "as applicable to the union territory of chandigarh", shall be inserted;15 (ii) clauses (d) and (e) shall be omitted'repeal and savingsord 2 of 20173 (1) the punjab municipal corporation law (extension to chandigarh)amendment ordinance, 2017 is hereby repealed45 of 1994 20(2) notwithstanding such repeal, anything done or any action taken under the punjab municipal corporation law (extension to chandigarh) act, 1994, as amended by the said ordinance, shall be deemed to have been done or taken under the corresponding provisions of the said act, as amended by this act statement of objects and reasonsthe constitution (one hundred and first amendment) act, 2016 confers simultaneous powers on parliament and the state legislatures to make laws for levy of goods and services tax on the supplies of goods and services the said act has also made amendments in entry 62 of list-ii (state list) of the seventh schedule to the constitution2 vide section 17 of the constitution (one hundred and first amendment) act, 2016, entry 62 of list-ii (state list) of the seventh schedule to the constitution has been substituted to read as "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"3 the central government has implemented the central goods and services tax act,2017 and the union territory goods and services tax act, 2017 with effect from 1st july, 2017 consequently, section 90 of the punjab municipal corporation law (extension to chandigarh) act, 1994 was amended by the punjab municipal corporation law (extension to chandigarh) amendment ordinance, 2017 to transfer power of the central government to levy taxes on entertainments and amusements in union territory of chandigarh to the municipal corporation, chandigarh4 as parliament was not in session and an urgent legislation was required to be made, the president promulgated the punjab municipal corporation law (extension to chandigarh) amendment ordinance, 2017 (ord 2 of 2017) on first day of july, 20175 the bill seeks to replace the said ordinancenew delhi;arun jaitleythe 25th july, 2017 ———— president's recommendation under article 117 of the constitution of india[copy of letter no s31011/18/2017-so (st)-i-dor from shri arun jaitley, minister of finance and corporate affairs to the secretary general, lok sabha]the president, having been informed of the subject matter of the proposed punjab municipal corporation law (extension to chandigarh) amendment bill, 2017, recommends the introduction of the bill in the house under clause (1) of article 117, of the constitution of india financial memorandumclause 2 of the bill provides for removal of power of the central government for levying taxes on entertainments and amusements in the union territory of chandigarh and empowers the municipal corporation chandigarh to levy the said tax this bill will not incur any extra expenditure on consolidated fund of indiamemorandum explaining the modifications in the bill to replace the punjab municipal corporation law (extension to chandigarh) amendment ordinance, 2017clause 2 of the bill is proposed to be modified so as to align the same with the provisions of the punjab municipal corporation law (extension to chandigarh) act, 1994 and section 90 in part ii of the schedule to the said act as under:—(a) to insert the words and figures "in part ii of the schedule" in the opening para;(b) to substitute sub-clauses (i) as under:—'(a) in sub-section (1),—(i) clauses (b) and (c) shall be omitted;(ii) in clause (e), the word "and" occurring at the end, shall be omitted;(iii) after clause (f), the following clause shall be inserted, namely:—"(g) a tax on entertainments and amusements" ';(b) for clause (b), the following shall be substituted, namely:—'(b) in sub-section (6),—(i) after the words and figures "punjab motor vehicles taxation act, 1924," the words "as applicable to the union territory of chandigarh", shall be inserted'2 the said modifications are drafting and consequential in nature annexure extract from the punjab municipal corporation law (extension to chandigarh) act, 1994 (45 of 1994) the schedule (see section 2) the punjab municipal corporation act, 1976 (punjab act 42 of 1976) part i part ii section 90,—(a) in sub-section (1), omit clauses (b) and (c);(b) in sub-section (6), after "punjab motor vehicles taxation act, 1924", "punjab entertainments duty act, 1955" and "punjab entertainments tax (cinematograph show) act, 1954", add respectively "as applicable to the union territory of chandigarh" lok sabha———— a billfurther to amend the punjab municipal corporation law (extension to chandigarh) act, 1994————(shri arun jaitley, minister of finance)gmgipmrnd—1473ls(s3)—26-07-2017 | Parliament_bills | d2d5a2c5-dd71-52a7-9e9d-2140de14b396 |
the finance (no2) bill, 1967( as introduced in lok sabha) ire-print with line numbers? 1 page 5;- line 1,--before ii a" inseirt "(b )it 2 page 8, line 4,-" it - ii - ii , read -attqr "assessee" for -3 page 14, line 23,'" for "in sub-clause (i1) of clause (2)" 'read - -"in clause (11) of eub seetion (2)" 4 page 25, line 2~,- after "195" for " n - read n" , ' 5 page 28, line 6,-belfore "ba" for i" r read "i ii -6 page 30, line 35,-for" judisdiction" read "jur1sdiet1on" 7 page 31, line 40,-f ' aftpr "or gift-tax officers" 1nsert· n :," s p~ge 33, 11ne 36, ~ after "ins erted" for "11 read '''';'' 9 page 34, line 8,-, for "inu read ii in" -10 page 37, line 15,-t· t " " i "for ,ii ad volerem" read"'~- yalorem'" 11 page 43, line 34,,~ after "rs 14, 500" ,~·ji 11 12 page 52, line 4,-i for "vhere" read ",where" 13 page 53, line 28,-after"rs" ins ert tt " - 14 page 55, line 31,-!s1! "1ncom" read "incomp" 15 page 58, line 41,-before "1n addition" insert it (b)" 16 page 61, line 15,-for "20000" read "20,000" , 17 page 61, line 25,-!2! '~~()o')o" read "40,0')0" , 18 page 61, line 34,-after "income" for 1111 , read ":" --19 page 63, line 27,-for "insta1leo" ~ "installed" 20 page 63, line 36,-after "cost" insert " it , 21 page 63, line 37,-i!1sert after "march" " " , 22 page 65, li'ne 39,,: after "sf"ctions 87" for read " ii , " 11 - 23 page 66, line 35,-for "deduct-it read "deduc-" --24 page 66, 1n the marginal heading to spetion aoa,-after "total" insprt "income" 25 ~age 71, 1n the' marg1na~ bead1ilg to sect ton sod --" '" ' , i' after "respect" insert "of" , , 26 i,page 72, line 5,-! " j~ jdr "hereinafter" ~ nhereart~r· -?'1, page 13 line 6-!q! "hereindter" ~ "hereefter" ?8 pa~e 85 in the tlar:-:inel he&din~ to section 8ol,-for" certd" reed" certain" --------"~' pa;e 10?, line 5 from bottom-for"o etl read "of an iq! "0,000" read "50,coo" 31 correct line numbers on ?e~es 23~t51o,1l556166· 74 and 90 [13li1 j3l1-rr; june 1 1961 jy~i stha 11 1889 (;~!e!ta) bill no ii of 1967 the finance (no2) bill, jcm arrangement of clauses clauses chapter i preliminary1 short title and commencement chapl'er ii i ncome-tax and annuity deposits for thf financial year 1967-682 income-tax 3 annuity deposit, chapter iii amendments in tile income-tax act4 amendment of section 2 5 amendment of section 10 6 amendment of section 23 7 amendment of section 29 8 amendment of section 32 9 amendment of section 33 10 amendment of section 33a 11 insertion of new section 33b 12 amendment of section 34 13 amendment of section 35 14 amendment of section 35a 15 amendment of section 36 16 amendment of section 43 ciausis17 insertion of new section 43a 18 amendment of section 44 19 amendment of section 47 ~ amendment of section 49 21 amendment of section 55 22 amendment of section 72 23 insertion of new section 80f 24 amendment of section 84 25 substitution of new section for section 85 26 alnendment of section 88 27 amendment of chapter xiii 28 amendment of section 138 29 amendment of section 172 30 amendment of chapter xvii 31 amendment of sections 209 and 215 32 amendment of fir~t schedule 33 certain amendments in the income-tax act to take effect from 1st april 1968 chapter iv orher direct taxes34 amendment of act 27 of 1957 35 amendment of act 18 of 1958 36 aml·ndment of act 7 of 1964 chapter v inalrect taxes37 amendment of act 32 of 1934 38 special duties of customs 39 regulatory duties of customs 40 amendment of act 1 of 1944 clausis41 special duties of excise on certain goods 42 regulatory duties of excise chapter vi miscellaneous43 amendment ot act 6 of 1898 44 amendment of act 47 of 1961 45 certain amendments made in act 52 of 1963 by act 17 of 1966 to be given retrospective effect 46 recovery of tax on income volun1aril,r disclosed 47 repeal the first schedule the second schedule the third schedule the finanob (no2) bill, 1967 -(as mtr2dlloeq !s_ ~oa~) lite-print with line numbersj - 1 page 10, line 34,-i9!: "(iv)" ~ "(vi)" 2 page 14 line 20,-!2£ "in sub-clause (b)(ii) of clause (1)" read" in olause (b)(ii) of sub-seotion (1)" - ne\'i delhi june 12 , 1 961 jya1stha 22, 1839 {sakal the finance (no2) bill, 1967 (as introduced in lok sabha) a billto give effect to the financial proposals of the central government for the financial year 1967-68 be it enacted by parliament in the eighteenth year of the republic of india as follows:- chapter i preliminarys 1 (1) tins act may be called the finance (no, 2) act, 1967 short title anrl , 'd d i th' a t i commence-(2) save as otherwise provl e n is c, sect ons 2 to 36 and ment, 44 to 46 shall be deemed to have come into force on the 1st day of april, 1967 chapter n income-tax and annuity deposits for the financial year 1967-682 (1) subject to the provisions of sub-sections (2), (3) and (4), for the assessment year commencing on the lst day of april, 1967, income-tax shall be charged at the rates specified in part i of the 5 first schedule and, in the cases to which paragraphs a, b, c and d of that part apply, shall be increased by a surcharge for purposes of the union and a special surcharge for purposes of the union calculated in either case in the manner provided therein 31 of 1956 (2) in making any assessment for the assessment year commenc- 10 ing on the 1st day of april, 1967, where the total income of a company, other than the life insurance corporation of india established under the life insurance corporation act, 1956, includes any profits and gains from life insurance business, the income-tax payable by it shall be the aggregate of the income-tax calculated-is (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 accordance with paragraph e of part i of the first schedule, to that part of its total income which consists of profits and gains from life insurance 20 business; and (ii) 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 xii of the' income-tax act, 1961 43 of 1961 (hereinafter referred to as the income-tax act) applies, the tax 2s chargeable 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) (a) in respect of any assessment for the assessment year commencing on the 1st day of april, 1967, in the case of an assessee 30 being a domestic company or an assessee other than a company,-(i) where his total income includes any profits and gains derived from the export (made before the sixth day of june, 1966) of any goods or merchandise out of india, he shall be entitled to a deduction, from the amount of income-tax with 35 which he is chargeable, of an amount equal to the income-tax calculated at one-tenth of the average rate of income-tax on the amount of such profits and gains included in his total income; (ii) where he is engaged in the manufacture of any articles in nn industry specified in the first schedule to the industries 40 (development and regulation) act, 1951, and has, during the 65 of 1951 previous year exported before the sixth day of june, 1966 such al ticles out of india, he shall ~e entitled, in addition to the deduction of income-tax referred to in sub-clause (i), to a further deduction, from the amount of income-tax with which he is 5 chargeable for the assessment year, of an amount equal to the income-tax calculated at the average rate of income-tax on an amount equal to two per cent of the sale proeeeds receivable by him in respect of such export made before the date aforesaid 10 explanation-in this sub-clause, the expression "sale proceeds" does not include freight or insurance attributable to the transport of the articles beyond the customs station as defined in the customs act, 1962; 52 of 1962 is 20 (iii) where he is engaged in the manufacture of any articles in an industry specified in the said first schedule and has, during the previous year, sold before the sixth day of june, 1966 such articles to any other person in india who himself has exported them out of india, and evidence is produced before the income-tax officer of such articles having been so exported, the assessee shall be entitled to a deduction, from the amount of income-tax with which he is chargeable for the assessment year, of an amount equal to the income-tax calculated at the average rate of income-tax on a sum equal to two per cent of the sale proceeds receivable by him from the exporter in respect of such articles sold to the exporter before the date aforesaid 25 (b) the aggregate amount of the deductions under this subsection shall in no case exceed the amount of income-tax otherwise payable by the assessee (c) nothing contained in sub-clause (ii) or sub-clause (iii) of clause (a) shall apply in relation to-(1) fuels, 30 (2) fertilisers, 3s (3) photographic raw fum and paper, (4) textiles (including those dyed, printed or otherwise processed) made wholly or in part of jute, including jute twine and rope, (5) newsprint, (6) pulp-wood pulp, mechanical, chemical, including dissolving pulp, (7) sugar, (8) vegetable oils and vanaspathi, (9) cement and gypsum products, (10) arms and ammunition, and (11) cigarettes, respectively, specified in items 2, 18, 20, 23(2), 24(2), 24(5), 25, 2b, 35, 37 and 38 of the first schedule to the industries (development and regulation) act, 1951 s 65 of lilil (d) the amount of any profits and gains derived from the export of any goods or merchandise out of india in respect of which deduction of income-tax is admissible under sub-clause (i) of clause (a) shall be computed in accordance with the rules made by the board in this behalf 10 (5) in cases in which tax has to be deducted under sections 193, 194, 194a and 195 of the income-tax act at the rates in force, the deduction shall be made at the rates specified in part ii of the first schedule (6} in cases in which income-tax has to be calculated under the is 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 or deducted under section 192 of the said act from income chargeable under the head "salaries" or in which the "advance tax" payable under chapter 20 xvii-c of the said act has to be computed, at the rate or rates in force, such income-tax or, as the case may be, "advance tax" shall be so calculated, charged, deducted or computed at the rate or rates specified in part iii of the first schedule (7) for the purposes of this section and the first schedule,-2s (a) "company in which the public are substantially interested" 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 company which, in respect of its income liable to income- 30 tax under the income-tax act for the assessment year commencing on the 1st day of april, 1967, has made the prescribed arrangements for the declaration and payment within india of the dividends (including dividends on preference shares) payable out of such income in accordance with the provisions of section 3s 194 of that act,' (c) "earned income" means any income of an assessee who is an individual, or a hindu undivided family,' or an unregistered firm [not being an unregistered firm assessed under clause (b) of section 183 of the income-tax act] or an association of persons 40 or body of individuals, whether incorporated or not, not being-(a) a company, or __ ) a local authority, or (c) a registered firm, or (d) an unreeistered firm assessed under clause (b) of tim laid section 183-s (i) which is chargeable under the head "salaries"; or -10 (ii) which is chargeable under the head "profits and gains of business or profession" where the business or profession is carried on by the assessee or, in the cue of a firm, where the assessee is a partner actively engaged in the conduct of the business or profession; or is (iii) which is chargeable under the head "income from other sources" if it is immediately derived from personal exertion or represents a pension or superannuation or other allowance given to the assessee in respect of the past services of any deceased person, or which is chargeable under that head under clause (ia) of subsection (2) of section 56 of the income-tax act, and 11 of 1"22 2, includes any such income which, though it is the income ot another person, is included in the assessee's total income under the provisions of the income-tax act, but does not include any, such -income on which income-tax is not payable under clause (iii) or clause (v) of section 86 of that act or which is exempted from tax under a notification issued under section 60 or section 60a of the indian income-tax act, 1922, as continued in force by clause (1) of sub-section (2) of section 297 of the income-tax act; 30 (d) "industrial company" means a company which is mainly engaged in the business of generation or distribution of electricity or any other form of power or in the construction of shipi or in the manufacture or processing of goods or in mining 35 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 or processing of goods or in mining if the income attributable to an, one or more of the aforesaid activities included in its total income of the previous y r (a8 computed btlore mallin any deductlod under chapter via of the income-tax act) is not ie than fiftyone per cent of such total income; (e) iitax free security" meaas any iecu1it, of the ctral goverjuaeat l8iued 01" decw-ed to be iaoome-tu &ree, or , ieeurtiy of a state government issued income-tax free, tiii income-tax whereon is payable by the state government; (f) uunearned income" means income which is not "eamecl ldcome"; (g) all other words and expressions used in this section add , the first schedule but not defined in this sub-section and defined in the income-tax act, shall have the meaninis respectivel1 assijned to them in that act i (1) save as otherwise provided in chapter xxiia of the income-tax act, annuity deposit for the assessment year commencinl 10 on the 1st day of april, 1967 and annuity deposit to be made durina ttle financial year commencing on the 1st day of april, 1967 shull be made by every pe'l';;on to whom the provisions of that chapt~r ailply, at the rate or rales specified in the second schedule (2) for the purposes of this section and the second schedule, the is expressions "adjusted total income", "annuity deposit" and "depositor" have the meanings respectively assigned to them under clausa (1), (5) add (6) of section 280b of the income-tax act chapter iiizo to in section 2 of the income-tax act,-ameft4i ment of mcuod j (4) after clause (1), the following clause' shall be inaerteci namely:-'(la) "amalgamation", in relation to companies, meana -the merger of one or more companies with another company 2s or the merger of two or more compames to form one company (the company or compames which so merge being referred to as the amalgamating company or companies and the company with which they merge or which is formed as a rault of the merger, as the amalgamated company) in iuch 30 manner that-(i) all the property of the amalgamating company or companies immediately before the amalgamation becomes the property of the amalgamated company by virtue of the amalgamation; 3s hi) all the liabilities of the amalgamating company ql companies immediately before the amaliamatioa b~me the liabilities of the amalgamated ccxnpaftj by virtue of the amalgamation; (iii) shareholders holding not less than nine-tentba in value of the shares in the amalgamating company ar companies (other than shares already held therein immediately before the amalgamation by, or by a nomlnn for, the amalgamated company or its subsidiary) become shareholders of the amalgamated company by virtue of the amalgamation, to ~therwise than as a result of the acquisition of the propert7 of one company by another company pursuant to the purchase of such property by the other company or as a result of the distribution of such property to the other compu7 after the winding up of the first mentioned company;'; i, (b) after clause (37), the following clause shall be ldjet1ecl namely:-'(37 a) "rate or rates in force" or "rates in foree", in rela tion to an assessment year or financial year, mean-(i) for the purposes of calculating income-tax under the first proviso to sub-section (5) of section 132, or com puting the income-tax chargeable under sub-section (4) of section 172 or sub-section (2) of section 174 or section 175 or sub-section (2) of section 176 or deducting incometax under section 192 from income chargeable under the head "salaries" or computation of the "advance tax" payable under chapter xvii-c, the rate or rates nf income-tax specified in this behalf in the finance' act of the relevant year; (it) for the purposes of deduction of tax under 101:'-tions 193 194, 194a and 195, the rate or rates of incometax ~pecifled in this behalf in the finance act of the rele,,·ant y£'ar; , ; (e) in clau~e (42a), in clau!e (i) of the erplaftotioft-(i) in sub-clau"f> (b) for the words bra~kets and ftgu~1 35 "clauses (i) to (iii)", the words brackets and figure "subsection (1)" shall be substituted; (it) after sub-clause (b), the fouowin, sub-clauie ihad be inserted namely:-u(c) in the case of a capital asset being a hare er 4e iharea in an iddjq company which beca:idei the pro perty of the assessee ill consideration of a transfer referred to in clause (vii) at section 47, there shall be included the period for which the share or shares in the amalgamating company were held by the assessee;" amprdment of hetlan 10, , 5 in section 10 of the income-tax act, in clause (27), the words, s figures and letters "which is assessable for the assessment year commencing on the 1st day of april, 1965, 1966 or 1967" shall be omitted amend-6 in section 23 of the income-tax act, in the proviso to sub-see-~~~~:~3 tion (2), for the words "total income of the owner," the followinl shall be substituted, namely:-10 "total income of the owner "(the total income for this purpose being computed without including tnerein any income from such property and before making any deduction under chapter via or section 2800)" ~:r~f "i in section 29 of the income-tax act, for the words and figure is section 2li ''sections 30 to 43", the words, figures and letter usections 30 to 43a" shall be substituted amend-8 in section 32 of the income-tax act, in clause (2) of the ex-pta-:~~~:f32"iltion to clause (iii) of sub-section (1), rfter the words "for the time being in force", the following words shall be' added, namely:-20 "but does not include a transfer, in a scheme of amalgamation, of any asset by the amalgamating company to the amalgamated company where the amalgamated company is an indian company", amend-9 in section 33 of the income-tax act, for sub-section ,(s), the fol- 25 mectint of"3 low,ing sub-section shall be substituted, namely:-51' on" "(3) where in a scheme of amalgamation, the amalgamating company sells or otherwise transfers to the amalgamated company any ship, machinery or pint in respect of which development rebate has been allowed to the amalgamating com- 30 pany under sub-section (1) or sub-section (la),-(a) the amalgamated company shall continue to fulfil the conditions mentioned in sub-section (3) of section 34 in respect of the reserve created by the amalgamating company and in respect of the period within which such ship, machtn- 3s ery or plant shall not be sold or otherwise transferred and in default of any of these conditions, the provisions of sub- je~jqxl{s) o! bectipn 155 shall apply to tltt ,malpmatec:l; ~~y ai they would have applied to the amalpmatma company had it committed the default; and (b) the balance of development rebate, if any, it ill outstanding to the amalgamating company in respect of ium , ship, machinery or plant shall be allowed to the amal,amated company in accordance with the proviltojll of lubeetion (2), so, however, that the total periocl for which the balance of development rebate shall be earrie'd forward in the aaessments of the amalgamating company and the amal-10 ,amated company shan not exceed the period of eight years specified in sub-section (2) and the amalgamated eompany shall be treated a the aaeuee in relpect of bum lhip, machinery or plant for the purposel of thi bection anel section m" i, 10 in aeetion 33a of the income-tax act, for iub-seetion (5), !:':t 20 the followin, sub-section shall be substituted, namely: -"(5) where, in a scheme of amalgamation, the amal,amatinl company sells or otherwise transfers to the amalgamated company any land in respect of which development allowance hal been allowed to the amalgamating company under sub-section (1),-(il) the amalgamated company shall continue to fulftl the conditions mentioned in sub-section (3) in respect of the reserve created by the amalgamating company and in respect of the period within which such land shall not be sold or otherwise transferred and in default of any of these eonditions, the provisions of sub-section (sa) of section 155 shall apply to the amalgamated company as they would kave applied to the amalgamating company had it committed the default; and 30 3s (b) the balance of development allowance, if any, till outstanding to the amalgamating company in respect of weh land shall be allowed to the amalgamated company in accordance with the provisions of sub-seetion (2), ito, however, that the total period for which the balance of development allowance shall be carned forward in the assessment of the amalgamating company and the amal~amated company shall not exceed the perigd of ei~ht years specified tn sub-section (2) and the amalgamated company shall be treated as the assessee in respect of such land for the pur· j'o"" of tbi aectlon", u after eeetioft 33a of the ineome-tu act, the fouewm, eeettoa ahall be inserted, namely:-tuertt lit new lecuoo aaa ltehabw-tattoo allow '33b where the business of any industrial underlakfnl carried on in india is discontinued in any previous year by reason of extensive dama~e to or destruction of, any buildtn~, 5 machinery, plant or furniture owned by the asse~s~ and used for the purposes of such business as a direct result of-(i) flood, typhoon, hurricane, cyclone, earthquake or other convulsion of nature; or 10 '(li) riot or civil disturbance; or (iii) accidental fire or explosion; or (iv) action by an enemy or action taken in eombatlnl an enemy (whether with or without a declaration of war), and, thereafter, at any time before the expiry of three years from the end of such pre"vtous year the" bu~ines~ is re-estab1fshed is reconstructed or revived by the assessee he shall in rest)t'ct of the ptt'vtous year in which the busine"c:s is 50 te'-estab1l5hed, reconstructed or revived be allowe"d a deduction of a sum by way of rehabilitation allo"-ance' equivalent to sixty per cent of the amount of the deduction allowable to him under clause (iii) 20 of sub-section (1) of section 32 in respect of the building, machinery, plant or furniture so damaged or destroyed erplanation-in this section, "industrial undertaking" means any undertaking which manufactures or produces articles· aididd-11 in section 34 of the income-tax act, for the explanation to 2s meat of clause (i) of sub-section (2), the following e~lanation ahall be ncuoil at substituted, namely:-"erptanatfo?'l-whe~ 8 capital a~5f't is tr8n!llf~d-'cn by a holdin~ ('omtlany to it~ subsidiary company or by a subsidiary company to its holding company, or 30 (if) by a company to another company in a scheme of amalgamation, and the conditions specifif'd in clause (iv) or c1au!~e (v) or u the case may be, clause (iv) of section 47 are'satisfied, then, til detennininr the aggregate of all deductions in respect of depre- 35 ctat!on under this clause, account shall also be taken of the deduetions in respect of depreciation allowed in the ease of the compad1 from which the asset has been transtem!ld;lt 0: in section 35 of the income-tax act, after sulheetlcm (4), the ~~ fallowing sub-section shall be inserted, namely: -!:uon il "(5) where, in a scheme of amalgamation, the arnalgamauna company sells or otherwise transfers to the amalgamated company (being an indian company) any asset representing expendi-ture of a capital nature on scientific research,-(i) the amalgamating company shall dot be allowed the deduction under clause (ii) or clause (iii) of sub-section (2); and 10 (ii) the provisions of this section shall, a, far as may be, apply to the amalgamated company as they would have app!ied to the am31gamating company if the latter had not so sold 01' othenvi!:c lransicrn~d the asset" u in section 35a of the income-tax act, after sub-section (5), amedd-15 the following sub-section shall be inserted, namely: _ ~~~ cat "(6) where, in a scheme of amalgamation, the amal,amatidi iia company sells or otherwise transfers the rights to the amaliamated company (being an indian company),-(i) the provisions of sul>-sections (3) and (4) shall not apply in the case of the amalgamating company; and (ii) the provisions of this section shall, as far as may be, apply to the amalgamated company as they would have applied to the amalgamating company if the latter had not 10 sold or otherwise transferred the rights" 25 15 in section 36 of the income-tax act, in clause (i,r) of sub- amend-iection (2), in the third proviso, for the words, brackets and figure, ::t 0\ ",ub-aection (2) of section 35", the words, brackets and figures "subon etion (2) and sub-section (5) of section 35" shall be lubtituted 30 16 in section 43 of the income-tax act,-amelldment of (i) in clause (1), after explanation 6 the followtna mctlod 41 ezpzanation shall be inserted, namely:-35 "erpzanation 7--where, in a scheme of amalgamatlod, any capltal asset is transferred by the amalgamating company to the amalgamated company and the amalgamated company is an indian company, the actual cost of the transferred capital asset to the amalgamated company shall be taken to be the same as it would have been if the amalgamat-ing company had continued to hold the capiw uset for the p'ai"pohs of ita own busineilj"; (it) m claule (6), after bzpigtwhion 2, the fouewini explq1igtion shall be inserted, namely:-"e:tpl4nation 2a-where, in a scheme 01 amalgamation, any capital asset is transferred by the amalgamating company to the amalgamated company and the amalgamated company s is an indian company, the written down value of the tranaferred capital auet to the amalgamated company ahall be taken to be the same as it would have been if the amalgamatin, company had continued to hold the capital ueet for the purposes of its business" 10 17 after section a of the income-tax act, the followiol iection ahan be inserted, namely:-illhrtl_ e1 dew aecuod 43a special provill1ona con queotial to cban,el in rate ot excaaille ot currea~ '~a (1) notwithstandinl anything contained in any other provision of this act, where an assessee has acquired any asset from a country outside india for the purposes of his business or 15 profession and, in consequence of a change in the rate of exchange at any time after the acquisition of such asset, there is an increase or reduction in the liability of the assessee as expressed in indian currency for making payment towards the whole or a part of the cost of the asset or for repayment of the whole or a 20 part of the moneys borrowed by him from any perlon, directly or indirectly, in any foreign currency specifically for the purpose of acquiring the asset (being in either case the liability existing immediately before the date on which the change in the rate of exchange takes effect), the amount by which the liability 2s aforesaid is so increased or reduced during the previous year shall be added to, or, al the case may be, deducted from, the actual colt of the asset al defined in claule (1) of section -i3 or the amount of expenditure of a capital nature referred to in clauae (iv) of sub-section (1) of section 35 or in section 35a or in clause 30 (~) of sub-section (1) of section 36 or, in the cale of a capital asset (not being a capital asset referred to in section 50), the cost of acquisition thereof for the purposes of section 48, and the amount arrived at after such addition or deduction shall be taken to be the actual cost of the asset or the amount of expenditure of a 35 capital nature or, as the case may be, the ~t of acquisition of the capital asset as aforesaid ezptgt14ticm i-in thlj lub-tecuoil, ual_ the eant, otha'- in reqmre,-(0) "rate of exchane" mean the rate of exchaqe 40 determined or recolniled by the centl'al goye~t for 1ile conversion of indian currency into foreign currency or foreign currency into indian currency; (b) "foreign currency" and "indian currency" have the meanings respectively assigned to them in section 2 of the foreign exchange regulation act, 1947 7 of 1947 s explanation 2-where the whole or any part of the liability aforesaid is met, not by the assessee, but, directly or indirectly, by any other person or authority, the liability so met shall not be taken into account for the purposes of this sub-section to 7 of 1947 is 20 explanation 3-where the assessee has entered into a contract with an authorised dealer as defined in section 2 of the foreign exchange regulation act, 1947 for providing him with a specified sum in a foreign currency on or after a stipulated future date at the rate of exchange specified in the contract to enable him to meet the whole or any part of the liability aforesaid, the amount, if any, to be added to, or deducted from, the actual cost of the asset or the amount of expenditure of a capital nature or, as the case may be, the cost of acquisition of the capital asset under this sub-section shall in respect of so much of the sum specified in the contract as is available for discharging the liability aforesaid be computed with reference to the rate of exchange specified therein (2) the provisions of sub-section (1) shall not be taken into ac· count in computing the actual cost of an asset for the purpose of th£' 2s deduction on account 0' development rebate under section 33' 18 in section 44 of the income-tax act, for the words and figures ~~:r(~ "sections 28 to 43", the words, figures and letter "sections 28 to 43a" section 44 shall be substituted 19 in section 47 of the income-tax act, after clause (v), the follow- amad-30 ing clauses shall be adde-d, namely:-mentjt ot 47 sec on "(vi) any transfer, in a scheme of amalgamation, of a capital asset by the amalgamating company to the amalgamated company if the amalgamated company is an indian company; 35 (vii) any transfer by a shareholder, in a scheme of amalgamation, of a capital asset being a share or shares held by him in the amalgamating company if-(a) the transfer is made in consideration of the allotment to him of any share or share-9 in the amalgamated company, and (b) the amalgamated company is an indian company!l amend-20 section 49 of the income-tax act shall be re-numbered as sub-:~~~nof49 section (1) thereof, and-(i) in sub-section (1) as so re-numbered,-(a) in sub-clause (e) of clause (iii), after the word, 5 brackets and figure "clause (v)", the words, brackets and figures "or clause (vi)" shall be inserted; (b) in the explanation, for the word "section", wherever it occurs, the word "sub-section" shall be substituted; and (ii) after sub-section (1) as so re-numbered, the following 10 sub-section shall be added, namely:-"(2) where the capital asset being a share or shares in an amalgamated company which is an indian company became the property of the assessee in consideration of a transfer referred to in clause (vii) of section 47, the cost of is acquisition of the' asset shall be deemed to be the cost of acquisition to him of the share or shares in the amalgamating company" 21 in section 55 of the income-tax act,-amendment of section li5 for the word and 20 figures "sub-sec-(a) in sub-clause (b)(ii) of clause (1), figures "section 49", the words, brackets and tion (1) of section 49" shall be substituted; (b) in sub-clause (ii) of clause (2), for the word and figures "section 49", the words, brackets and figures "sub-section (1) of section 49" shall be substituted 25 22 in section 72 of the income-tax act,-amendment at rection 72 (i) in sub-section (1), the following proviso shall be added at the end, namely:-"provided that where the whole or any part of such loss is sustained in any such business as is referred to in section 30 33b which is discontinued in the circumstances specified in that section, and, thereafter, at any time before the expiry of the period of three years referred to in that section, such business is re-established, reconstructed or revived by the assessee, so much of the 109s as is attributable to such busi- 3s ness shall bc' carried forward to the assessment year relevant to the previous year in which the business is so re-established, reconstructed or revived, and-(a) it shall be set off against the proftts and gains, if any, of that business or any other business carried on by him and assessable for that assessment year; and 5 10 (n) if the loss cannot be wholly so set off, the amount of loss not so set off shall, in case the business so reestablished, reconstructed or revived continues to be carried on by the assessee, be carried forward to the following assessment year and so on for seven assessment years immediately succeeding"; (ii) in sub-section (3), after the words "no 108s", the brackets, words and figure "[other than the loss referred to in the proviso to sub-section (1) of this section]" shall be inserted is 23 in chapter via of the income-tax act, after section 80e, the insertion following section shall be, and shall be deemed to have been, inserted ~~cti:: with effect from the 1st day of april, 1966, namely: -80f 20 35 "80f where, in the case of an individual who is a citizen of deduction india, the total income (as computed before making any deduc- ~~ ~:=t tion under this chapter and before deduction of any amount of neratlou annuity deposit under section 2800) includes any remuneration ~~~~ln received by him outside india from any university or other forei"n educational institution established outside india or such other ~~r~::e igf association or body established outside india as may be notifted prof:ssors, in this behalf by the central government in the official gazette, ~;~~ ers, for any service rendered by him during his stay outside india in his capacity as a professor, teacher, or research worker in such university, institution, assoc-iation or body, there shall be allowed a deduction from such remuneration of an amount equal to fifty per cent thereof, in computing the total income of the individual: provided that where the individual renders continuous service outside india in such university, institution, association or body for a period exceeding thirty-six months, no deduction under this section shall be allowed in respect of the remuneration for such service relating to any period after the expiry of the thirty-six months aforesaid" 24 in section 84 of the income-tax act,-amendment ot sectlon 84 40 (a) for sub-section (1), the following sub-section shall be, and shall be deemed always to have been, substituted, namely:-"(1) save as otherwise hereinafter provided, income-tax shall not be payable by an assessee on so much of the profits and gains derived from any industrial undertaking or business of a hotel or from any ship, to which this section applies, as does not exceed six per cent per annum on the capital employed in such undertaking or business or ship, computed in the prescribed manner"; s (b) in sub-section (2),-(i) for clause (iii), the following clause shall be, and shall be deemed always to have been, substituted, namely:-"(iii) it manufactures or produces articles or operates one or more cold storage plants, in any part of 10 india, and has begun or begins to manufacture or produce articles or to operate such plant or plants, at any time within the period of twenty-three years next following the 1st day of april, 1948, or such further period as the central government may, by notification in the is official gazette, specify with reference to any particular industrial undertaking;"; (ii) in clause (iv), before the words "it employs ten or more workers", the words "in a case where the industrial undertaking manufactures or produces articles," shall be, and 20 shall be deemed always to have been, inserted; (iii) the following proviso shall be inserted at the end, namely:-"provided that the condition in clause (i) shall not apply in respect of any industrial undertaking which is 25 formed as a result of the re-establishment, reconstruction or revival by the assessee of the business of any such industrial undertaking as is referred to in section 33b, in the circumstances and within the period specified in that section"; 30 (c) for sub-section (3) and the explanation occurring at the end, the following sub-section and explanation shall, respectively, be substituted, namely:-"(3) this section applies to the business of any hotel where all the following conditions are fulfilled, namely: -3s (a) the business of the hotel starts functioning on or after the 1st day of april, 1961, and is not fonned by the splitting up, or the reconstruction, of a business already in existence or by the transfer, to a new business, of a building previously used as a hotel, or of any 40 machinery or plant previously used for any purposej (b) the business of the hotel is owned and carried on by a company registered in india with a paid-up capital of not less than five hundred thousand rupees; s (c) the hotel has such number and types of guest rooms and provides such amenities as may be prescribed having regard to the population and the tourist importance of the place in which the hotel is located; and (d) the hotel is, for the time being, approved for the purposes r¥ this sub-section, by the central government explanation-where-10 (a) in the case of an industrial undertaking, any building, machinery or plant, or any part thereof previously used for any purpose, or (b) in the case of the business of a hotel, any build· is ing, or any part thereof, previously used as a hotel, or any machinery or plant, or any part thereof, pre\'iously used for any purpose, is, in either case, transferred to a new business, and the total value of the building, machinery or plant or part so transfer-20 red does not exceed twenty per cent of the total value of the building, machinery or plant used in the business, then, for the purposes of clause (ii) of sub-section (2) and clause (a) of sub-section (3), the condition specified therein shall be deemed to have been complied with and the total value of 25 the building, machinery or plant or part so transferred shah not be taken into account in computing the capital employed in the industrial undertaking or the business of the hotel"; (d) after sub-section (3), the following sub-section shall be, and shall be deemed always to have been, inserted, namely:-30 "(3a) this section applies to any ship where all the following conditions are fulfilled, namely:-(i) it is owned by an indian company and is wholly used for the purposes of the business carried on by it; (ii) it was not, previous to the date of its acquisition 35 by the indian company, owned and used in indian territorial waters by a person resident in india; and (iii) it is brought into use by the indian company at any time within a period of twenty-three years next following the 1st day of april, 1948"; 40 (e) in sub-section (5) and sub-section (6), for the words "profits or gains of an industrial undertaking or hotel", the words "profits and gains derived from an industrial undertaking or business of a hotel or from a ship" shall be, and shall be deemed always to have been, substituted; (f) in sub-section (7), in clause (i), after the words "manufacture or produ('e articles", the words "or, as the case may be, s operate the cold storage plant or plants" shall be, and shall be deemed always to have been, inserted; (g) in sub-section (8), for the words "a hotel" and "the hotel", the words "the business of a hotel" and "the business of the hotel" shall be, and shall be deemed always to have been, 10 respectively, substituted (h) after sub-section (8), the following sub-section shall be, and shall be deemed always to have been, inserted, namely:-"(9) the provisions of this section shall, in relation to a ship, apply to the assessment for the assessment year rele- is vant to the previous year in which the ship is brought into use by the indian company and for the four assessment years immediately succeeding" 25 for section 85 of the income-tax act, the following section shall be, and shall be deemed always to have been, substituted, 20 namely:-substitution of new section for section 85 dividend from new industrial undertaklnll or hotel business or ship "85 subject to any rules that may be made by the board in this behalf, income-tax shall not be payable by a shareholder in respect of so much of any dividend paid or deemed to be paid to him out of the profits and gains derived by a company from an 2s industrial undertaking or the business of a hotel or a ship to which section 84 applies as is attributable to that part of such profits and gains on which income-tax is not payable by the company und\~r section 84" 26 in section 88 of the income-tax act,-amendment of section 88 (a) in sub-section (1), after clause (ia), the following clause ~hal1 be inserted, namely:-"(ib) as donations to the prime minister's drought relief fund;"; (b) in sub-section (3), in the third proviso, after the word, 35 brackets, figure and letter "clause (ia)", the words, brackets, figure and letter "or clause (ib)" shall be inserted 27 in chapter xiii of the income-tax act, under the sub-beading amend-"b j'd' t' " mcnt of -ut1s 'c ton ,-chadter (1) in section 121, for sub-section (2), the following sub- xiii section shall be substituted, namely:-5 10 "(2) where any directions issued under sub-section (1) have assigned to two or more commissioners, the same area or the same persons or classes of persons or the same incomes or classes 01 income or the same cases or classes of cases, they shall have concurrent jurisdiction and shall perform such functions in relation to the said area or persons or classes uf persons or incomes or classes of income or cases or classes of cases as the board may, by general or special order in writing, specify, for the distribution and allocation of the work to be performed": 15 20 (2) for section 123, the following sectiod shall be substituted, namely:-"123 (1) inspecting assistant commissioners shall per- jurlsdfcform their fudctions in respect 01 such areas or 01 such per- ~~~~~tinl: sons or classes of persons or of such incomes or clalscs 01 cassfst~nt - ommls-idcome or of such cases or classes of cases as the com mis- sioners sioner may direct 25 30 (2) where any directions issued under sub-section (1 ) ha ve assirned to two or more inspecting assistant commissioners, the salde area or the same persons or classes of persons or the same incomes or classes of income or the same cases or classes 01 cases, they shall have concurrent jurisdiction and shall perform such functions in relation to the said area or persons or classes of persons or incomes or classes of income or cases or classes of cases as the commissioner may, by general or special order in writing, specify, for the distribution and allocation of the work to be performed"; (3) in section 124,-(i) for sub-sections (1) and (2), the following sub-seetions shall be substituted, namely:-35 ii ( 1) income-tax oftlcen shall perform their functiods in respect of such areas or of such persons or classes 01 persons or of such inco~es or classes of income or of such eases or classes of cases as the commissioner may direct (2) where any directions issued udder sub-st"ctlon ( 1) have assigned to two or more income-tax otbcers, tbe same area or the sante persons or classes 01 persons or tbe same incomes or classes of ineome or the same cases or classes of cases, they shall have concurrent jurisdiction and shall perform such functions in relation to the said area or persons or classes of persons or incomes or classes of income or cases or classes of cases as the commissioner, 5 or the inspecting assistant commissioner authorised by him in this behalf, may, by general or special order in writing, specify, for the distribution and allocation of the work to be performed"; (ii) in sub-section (7), after tbe words "this section", the 10 words, figures and letter "or in section 130a" sball be inserted; ( 4) for section 125, the following section shall be substituted, namely:-"125 (1) the commissioner may, by general or special 15 order in writing, direct that-powers of commissioner reapecting soecifted are cases, persods, etc (a) the powers conferred on tbe income ,tax officer and the ap~llate assistant commissioner by or under this act shall, in respect of any specified case or class of cases or of any specified person or class of 20 persons, be exercised by tbe inspecting assistant commissioner and the commissioner respectively; (b) such of the functions assigned to the incometax officer by or under this act, as are specified in any sucb order may, in respect of any specified area, case or 25 ('lass of cases, person or class of persons or class of incomes, be performed by an inspector of income-tax or any member of the ministerial staff, subordinate to the commissioner or any other income-tax authority 8ubordinate to him, and specified in such order, subject to 30 such conditions restrictions or limitations as may be specified therein: provided that the commissi&"er shall not unless he is authorised in this behalf by the board by general or special order in writing, make an order under clause (b) in relation 35 to the functions of an income-tax ontcer mentioned in the following provisions of this act namely, sections 131, 132 132a, 140a, 143, 144 146, 147 148, 162, 163, 1'71, 172, 174, 175, 176, 17'7, 178, 183, 184 185, 189 221, 222, 226, 228, 253, and 2'71 to 2'74 (botb inclusive) (2) for tbe purposes of any case or person or proceeding under tbis act in respect of wbicb or wbom an order under sub-section (1) applies,-5 (a) wbere such order is made under clause (a) of the said sub-section (1), references in this act or iii any rule made bereunder, to the income-tax officer and tbe appellate assistant commissioner shall be deemed to be references to the inspecting assistant commissioner and the commissioner, respectively, and,-10 (i) any provision of this act requ'irln, an approval or sanction of the inspecting assistant com missioner shall not apply; is (ii) any appeal whicb would otherwise have lain to the appellate assistant commissioner shal11ie to tbe cgmmissloner; (iii) any appeal wbich would have latn from an order of the appellate assistant commissioner to the appellate tribunal shall lie from the order of the commissioner; 20 (b) where such order is made under clause (b) of the said sub-section (1), references in this act or in any rule made hereunder to the income-tax ofbcer shall be deemed to include references to the inspector of income-tax or the member of the ministerial staff speclfted in such order"; (5) for section 127, the following section shall be substituted, namely:-35 '127 (1) the commissioner may, after giving the power to assessee a reasonable opportunity of being beard in the ~as::~er matter, wherever it is possible to do so, and after recording his reasons for doing so, transfer any case from any income· tax officer or income-tax officers subordinate to him to any otber income-tax officer or income·tax ofilcers also subor· dinate to him and the board may similarly transfer any ease from any income-tax officer or income-tax offtcers to any other income·tax oftlcer or income-tax oftlcers: provided that nothing in this sub-section shall be deem· ed to require any such opportunity to be given where the transfer is from any income-tax officer or income-tax offi· cers to any other income-tax officer or income-tax otilcers and the offices of all such income-tax oftlcers are situated in the same city, locality or place: provided further that where any case has been transferred from any income-tax officer or income-tax officers to two or more income-tax officers, the income-tax officers to whom the case is so transferred shall have concurrent jurisdiction over tbe case and shall perform such functions in 5 relation to the said case as the board or the commissioner (or any inspecting assistant commissioner authorised by the commisslooer in this behau) may, by general or special order in writing, specify, for the distribution and allocation of the work to be performed 10 (2) the transfer of a case under sub-section (1) may be made at any stage of the proceedings, and shall not render necessary the re-issue of any notice already issued by the income-tax officer or income-tax officers from whom the case is transferred 15 explanation-in this section and in sections 121, 123, 124 an11125, the word "case", in relation to any person whose name is speclfted in any order or direction issued thereunder, means all proceedings under this act in respect of any year which may be pending on the date of such order or direction or which 20 may have been completed on or before such date, and includes also all proceedings under this act which may be commenced after the date of such order or direction in respect of any year'; (6) for section 128, the following section shall be substituted, 25 namely:-funcuons of inspectors of incometax '·128 inspectors of income-tax shall perform such functions in the execution of this act as are assigned to them by the comrnlssloner by an order whether made under clause (b) of sub-sectioll (1) of section 125 or otherwise, or by any 30 other income-tax authority under whom they are appointed to work"; (7) after section 130, the following section shall be inserted, namely:-··130a in respect of any function to be perfgrmed by an 35 income-tax officer under any provision of this act in rels tlon to an assessee, the income-tax ofticer referred to therein shall,-incometax oftlcer competent to perform aoy function or functions (a) in a case where only one income-tax ofllcer has juj'licuctton over such assessee, be such income-tax otllcer; 40 (b) in a ease where two or more income-tax oaced have concurrent jurisdiction over luch assessee, be the income-tax officer empowered to perform such function by the board or, as the case may be, the income-tax omeer to whom such function has been assigned by ad order of the commissioner or of the inspecting assistant com missioner authorised by the commissioner in tb1a behau" 28 in section 138 of the income-tax act, for sub-section (1), the amend-10 following sub-section shall be substituted, namely:-s=~nof138 "(l) (a) the board or any other income-tax authority specified by it by a general or special order in this behalf may furnish or cause to be furnished to-is 7 of 1947 (i) any officer, authority or body performing any functions under any law relating to the imposition of any tax, duty or cess, or to dealings in foreign exchange as defined in section 2(d) of the foreign exchange regulation act, 1947; or (ii) such officer, authority or body performing functiodl under any other law as the central government may, if in its opinion it is necessary so to do in the public interest, specify by notification in the official gazette in this behalf, 11 of 1022 2s any such information relating to any assessee in respect of any assessment made under this act or the indian income-tax act, 1922 as may, in the opinion of the, board or other income-tax authority, be necessary for the purpose of enabling the officer, authority or body to perform his or its functions under that law 30 11 of 1922 3s (b) where a person makes an application to the commissioner in the prescribed form for any infonnation relating to any assessee in respect of any assessment made under this act or the indian income-tax act, 1922, on or after the 1st day of april, 1960, the commissioner may, if he is satisfied that it is in the public interest so to do, furnish or caus~ to be furnished the information asked for in respect of that assessment only and his decision in this behalf shall be final and shall not be called in question in any court of law" 29 in section 172 of the income-tax act, in sub-section (4), for ametldthe words "rate or rates for the time being", the words "rate or rates ment ot f " sh 11 b bstit ted section 172 m arce a e su u 30 in chapter xvii of the income-tax act, under the sub-heading "b-deduction at 8ource",-amendment of chapter xvii (1) in section 193, the explanation shall be omitted (2) after section 194, the following section shall be inserted, ~~~~ 5 brokerage commission tees etc '194a (1) any person, not being an individual or a· hindu undivided family, who is responsible for paying to a resident any income by way of-(i) brokerage or commission, or (ii) fees or other remuneration for professio~l ser 10 vices (not being income chargeable under the head "salaries"), or (iii) interest other than "interest on securities", shall, at the time of credit of such income to the account of the payee or at the time of payment thereof in cash or by 15 issue of a cheque or draft or by any other mode, whichever is earlier, deduct income-tax thereon at the rates in force: provided tha t no such deduction shall be made in a case where the person (not being a company or a registered firm) entitled to receive such income furnishes to the person res- 20 ponsible for making the payment an affidavit declaring that his total income assessable for the assessment year next following the financial year in which the income is credited or paid will be less than the minimum liable to income-tax (2) the provisions of sub-section (1) shall not apply-25 (i) in a case where the income referred to in clause (i) of that sub-section credited or paid at anyone time does not exceed five hundred rupees or where the income referred to in clause (ii) or clause (iii) of that sub-section credited or paid at anyone time does not exceed two 30 hundred rupees; (ii) in respect of any such credit or payment of such income made before the 1st day of october, 1967'; (3) for section 196, the following section shall be substituted namely:-"196 not\\ithstanding anything contained in the forego- interest or ing provisions of this chapter, no deduction of tax shall be ~vi:= made by any person from any sums payable to-:~s t:ay-s (i) the government, or (ii) the reserve bank of india, or government - reserve bank or certain corpora-(iii) a corporation established by or under a central tions act which is, under any law for the time being in force, exempt from income-tax on its income, 10 where such sum is payable to it by way of interest or dividend in respect of any securities or shares owned by it or in which it has full beneficial interest, or any other income accruing or arising to it"; is (4) in section 197, in sub-section (1), for clause (a), the following clause shall be substituted, namely:-"(a) income-tax is required to be deducted at the time of credit or, as the case may be, at the time of payment at the rates in force under the provisions of sections 192, 193, 194a and 195"; 20 (5) in sections 198, 199, 200, 202 and 205, for the words and figures "sections 192 to 195", the words, figures and letter "sections 192 to 194, section 194a and section 195" shall be substituted; ,(6) for section 203, the fouowing section shall be substituted, namely:-30 "203 every person deducting tax in accordance with the certificate provisions of sections 192 to 194, section 194a and section 195 ~':tu~~ shall, at the time of credit or payment of the sum, or, as the case may be, at the time of issue of a cheque or warrant for payment of any dividend to a shareholder, furnish to the person to whose account such credit is given or to whom such payment is made or the cheque or warrant is issued, a certificate to the effect 1hat tax has been deducted and specifying the amount so deducted the rate at which 1he tax has been deducted and such other particularli as may be prescribed" ; (7) in section 204-(i) for the words and fiiures "sections 192 to 203 and section 285" the words figures and letter "sections 192 to 194 section 194a, sections 195 to 203 and section 285" shall be substituted; 10 (ii) in clause (iii), for the words "in the case of payment", the words "in the case of credit, or as the case may be, payment" shall be substituted; l8) after section 206, the following section shall be inserted, namely:-is "206a any person responsible for paying any income referred to in section 194a shall prepare, and \\;thin thirty days from the 31st day of march in each year, deliver or cause to be delivered to the income-tax officer in the prescribed form and verified in the prescribed 20 manner a return in writing showing-person paying interest, etc to residents without deduction of tax to furnish prescribed return (a) the name and address of every person who has furnished to him an affidavit under the proviso to sub-section (l) of section 194aj (b) the amount of the income credited or paid 25 during the financial year to each such person and the time or times at which the same was credited or paid, as the case may be; and (c) such other particulars as may be prescribed" 31 in sections 209 and 215 of the income-tax act, for the words 30 and figures "sections 192 to 195", the words, figures and letter "sections 192 to 194, section 194a and section 195" shall be substituted amendment of aections 209 and 215 amendment of first scbedule 32 in the fir:it schedule to the income-tax act, for the words and figures "sections 30 to 43", wherever they occur, the words, figures and letter usections 30 to 43a" shall be substituted 3s 33 the amendments directed in the third schedule shall be made certain in the income-tax act with effect from the 1st day of april, 1968 ~~t:-to incometax act to take effect trom 1st april 1968 chapter iv cfrher direct taxessf in the wealth-tax act, 1957,-s (a) in section 2, in clause (h)-amendment of act 27 of 1957 (i) in sub-clause (i), the word "and" occurring at the end shall be omitted; (ii) in sub-clause (ii), the word "and" shall be inserted 10 at the end; (iii) after sub-clause (ii), the following sub-clause shall be, and shall be deemed always to have been, inserted, namely:-is "(iia) a corporation established by or under a central, provincial or state act, which is declared by the cc:1tral government, by general or special order, to be a company for the purposes of this act" (b) in section 8, for the explanation, the following proviso and explanation shall be substituted, namely:-20 "provided that where two or more income·tax oftlcers have jurisdiction or exercise powers under the income·tax act in respect of any individual, hindu undivided family or company, they shall have concurrent jurisdiction and perform such functions of a wealth-tax officer under this act 2s in respect of such individual, hindu undivided family or company, as the case may be, as the commissioner or the inspecting assistant commissioner of wealth-tax authorised by him in this behalf may, by general or special order in writing, specify, for the distribution add allocation of the 30 work to be performed e;rplanation-for the purposes of this section, the income-tax oftlcer or the income·tax oftlcers having jurlsdlctlon in relation to a person who is not an assessee within the meaning of the income-tax act, shall be the income-tax om· eer or income·tax oftlcers in respect of the area in which that person resldes"; (c) for section 8a, the following sections shall be substituted namely:-"8a (1) the commissioner may, by general or special order in writing, direct that such of the functions assiped to the wealth·tax officer by or under this act as are specift power of commissioner respectinjl specifted areas, cases or persons ed in any such order may, in respect of any speclfled area or specified cases or classes of cases or specified- persons or 10 classes of persons, be performed by an inspector of wealth· tax or any member of the ministerial statt, appointed to work under the commissioner or auy other wealth-tax authority subordinate to him, and specified in such order, subject to such conditions restrictions or limitations as may be is specified therein: provicjed that the commissioner shall not, unless he is authorised in this behalf by the board by general or special order in wrltfnlr, make an order under this sub·sectlon in relation to the functions of a wealth·tax oftlcer mentioned 20 in the following provisions of this act namely, sertlons 158, 16, 1'7, 18 20, 22, 24 32 3'7 and 3'7a (2) for the purposes of any case or person or proceed ing under this act in respect of which or whom any order under sub-section (1) applies references in this act or in 25 any rule made hereunder to the wealth-tax oftlcer shall be deemed to include references to the inspector of wealth-tax or the member of the ministerial statt specified in such onter power to transfer cases r8 (1) notwithstanding anything contained in section 8 the commissioner may after g'iving the assessee a reason- 30 able opportunity of being heard in the matter wherever it is possible to do so, and after recording his reasons for doing so transfer any case from any wealth-tax oftlrcr or wealthtax oftlcers subordinate to him to any other wealth·tax omcer or wealth-tax officer!! also subordinate to him and the 35 board mav similarly transfer any case from any wealth·tax officer or wealth-tax oftlcers to any other wealth-tax officer or wealth·tax oftlcers: provided that nothing in this sub-section shall be deemed to require any such opportun'lty to be jtlv n where the trans- 40 fer is from anv w alth-tax oftlcer or wealth-tax officers to any other wealth-tax officer or wealth-tax oftlcers and the offices of all sucb wealthtax officers are situated in the same city loeallty or place: s 10 provided further that where any case has been transferred from auy wealth-tax of6cer or wealth-tax officers to two or more wealth-tax officers, the wealth-tax ofiicers to whom the case is so transferred shall have concurrent jurisdiction over the case add shall perform such functions in relation to the said case as the board or the commissioner (or any inspecting assistant coldlnissioner of wealth-tax authorised by the commissioner in thib behalf) may, by general or special order in writing, specify, for the distribution and allocation of the work to be performed is (2) the transfer of a case wlder sub-section (1) way be made at any stage 01 the proceedings, and shall not render necessary the re-issue of auy notice already issued by the wealth-tax 08icer or wealth-tax officers from whom the case is transferred 20 explanation-in this section and 1d section sa, the word "cue", in relation to any per&oil whose name is specijied in any order made tberewlder, means all proceedings under this act in respect of auy year which may be pendm&' on the date of such order, or which may have been completed on or before such date, and includes also all proceeding!; under this act which may be commenced after the date of such order in respect of any year'; (d) in section 10, for the wol1ls "su~j<!ct to sucn orden • i1 any, as the board may mak\! for the distrib tion and allocation of the work to be performed", the following wurds shall be substituted, namely:-"and shall perform such fwlctiuns in relation to the said area or persons or classes of persons as the board may, by general or special order in writing, specify, for the distribution and aliocatioo of the work to be performed"; 3s (e) in section 11, for the words "they shall perform their iluictions in accordance with such orders as the commissioner may make for the distribution and allocation of the work to be performed", the following words shall be substituted, namely:-"they shall have concurrent jurisdiction add &hall perform sueh flulctions in respect of the saw areas or persons or classes of persons as the commisldoner may, by general or speelal order in writing, specify, for the distribution and allocation of the ~ork to be performed"; 75 m of fin-5 ~f) for section ha, the following section shan be substituted ilajoely:-lnl!pector ill wealtbtax "lla a (;olluni5sioner may empower any inspector of income tax within the meaning of the income-tax act to work as an inspector ,ilrl'~:' :h-ta", under any other wealth· 5 tax authority subordinate to him; and when he is so em· powered, he shall perform such functions in the execution of this act as are assigned to him by the commissioner by an order, wbetber made under sub-sectlon (1) of section sa or otherwise, or by any other wealtb·tax authority 'under 10 whom he is appointed to wl{)l'k"; (g) after section lla the following section shall be inserted namely:-"lib in respect of any function to be performed by a wealtb-tax officer under any provision of this act, in rela, j <; tion to any assessee the wealth·tax offte('r referred to there· iii sball,-wealthtax omcer ,:ompetent ~ perform any function or tunction, (a) in a case where only one wealth-tax officer bas jurisdiction over such as<;essee be sucb wealtb-tax oflicer; 20 (b) in a case where two or more wealth-tax officers have concurrent jurisdiction over sucb assessee, be the wealth-tax officer empowered to perform sncb funetlon by the board, or, as the ease may be the wealth-tax officer to whom such function bas heen assigned by an 25 order of the commissioner or of the inspecting assistant t:ommlssloner of wealth-tax authorised by the commissioner in this behalf" 35 in the gut-tax act, 1958,-amend-:debt of act 18 of lin (a) in section 7, for the explanation the following proviso 30 and explanation shall be substituted, namely:-"provided that wbere two or more income· tax officers bave jurisdiction or exerc"lse powers under the in(~ome-tas act in respect of any person they shall have concurrent judlsdiction and perform such functions of a gift-tax otucer 35 under this act in respect of such person, as the commissioner or the inspecting assistant commissioner of gift-tax autho· rised by him in thts behalf may by reneral or special order in writing, specify, for the distribution and alloeation of tb~ work to be performed 5 ex(11amtion-for the purposes of this section the inc01d('·tax omc~r or income·tax oftlcers havlnt jurlsdlc· tlon in relation to a person who has no income assessable to income·tax under the income-tax act shall be the incometax officer or incometax officers in respect of the area iii which that p~rsoil resides"; 10 (b) for s('cti()fl '! a the following set'tfons shalj be substituted ilkmejy:-power ot '7\ (1) thf' commissioner may by gen~ral or special c1ommla- ~ order in wriune- direct that ~tlch of the functions asslpec1 respecting to the glft·tax offirer by or under this act as are speclfted specified in 8ny such orner may in respec't of any specified area or c-::::'or speclfled cases or classes of cases or speclfted persons or persod is class~ of persons be performed by an inspector of gift tax or any member of tbe ministerial s'td appointed to work under the comml~!ifoner or any other gift·tax authority subordinate to him ao<l specified in snch order subject to such conditions restrictions or umltatlons as may be qleclfled theretn: 20 provided that the commissioner shan not unless he iii authorised fn thfs mha'f by the board by 'federal or special order in writld~, make an order under this sub-seetlon in relation to the functions of 11 gfft·tax oftlcer mentioned fji the foljowfnp' l1rovislo'lls of this act namely section" 15 is 1'7 lsa 20 21 21a 23 32 33 and 36 (2) for the purposes of any ca~e or person or proceed· in2' nnder tbls act in respect of which or whom any order under sob·sectlon (n annues referen~s in tbls act 01' in ilny ntle made hereunder to the gift-tax otncer shan b ifeemed to include refp1'e11ce'l to the insl)ect:or of oift-tn 01' the member of the mini!iiterial staff s"eetfted in surb order '78 (n notwlthstandjnc- anythlnr- contafned in im"ctlon &':::'w '7 the commissioner may, after dvlnj!' the assessee a reason- cues able nnljortunity of heme- ltf'>:lm in the mattf!!' whel'@ver it f~ ljoiiisfhle to do !lin antl ltft4'!1' recordlnlz his reason!ll for "nln, 3~ !ul transfer any ",,se from any gift-tllx ~('a"r or gfft-talf offtce1'!'l !lmboriunate to him to "nv (lther (;flu"", otnep1' nr glft·tn ot'ftef'nc "'so sumrdlnate tfl hi" 1in!! thp board 'nl~ ~mnarly tranoqfer any case from an" g'ft h-r offtf'er (i" n1ft_ t:'t omt'4'!n; to any nthpr gfft-tr'ii o",('er nr (;fftta'" 0fiiic'f' · provied that nothing in this sub-section shall be deemel1 to require ady such opportunity to be given where the trasfer is from any glft·tax oftlcer or gift-tax 0ftice1'l to any other gift·tax ollcer or glft·tax oftlcel'b and the ollees of :t 11 such glft·tax oftlcers are situated in the same e1ty, loa- 5 uty or place: provided further that where any case has been traasfer--ed from any gift-tax ofllcer or gift-tax ofticers to two or more glft·tax officers, the glft·tax oftlcers to whom the case is so transferred shall have concurrent jurisdiction over 10 the case an shall perfonn such functions in relation to the satd case as the board or the commissioner (or rny inspecttng assistant commissioner of gift-tax authorised by the commissioner in this behalf) may, by !{eneralor special order in wrltfng, specify, for the custrtbu- is tion and allocation of the work to be performed (2) the transfer of a case under sub-section (l) may he made at any stage of the proceedings, and shall not render necessary the re·lssue of any notice already issued by the mlt·tax oftlcer or glft·tax oftlcers from whom the ease i& 20 transferred e:rplanation-in this sf!ction and in section '7 a the word "ease" in relation to any person whose name is specified in ~nv order made thereunder means all proceedln~ under this act in resnoot of anv year which may be pemunl' on 25 the date of !iluch order or which mav have heen cojnplf'tefl i)" or before such date and includes also 1111 nroceedinlrfl m1ller this act which mav l}e ilommenced after the date of <iiuch order in respect of any year': ( ~) in section 9 for the words "subjpcf; to sucb ordeml if 30 nv at;; the board may m3ke for the ')j!rtributton and allor,stton of thp work to be performel1" the fonol"1n~ words ~hal1 be suhstl· tntf'd namely:-"~nrt !'ihalj petfonn rueh "'i"~tlo"'ii ii' relation to the said a~a or ~rsons or clas!liles of df'rson!ll as thp roud may by ~eral 3s 0 special order in wrlttn~, sdpclfv for the distribution and 111ocatton of the work to be performed": (,1) 'n section 10 for thp words "they shall ppl'form their fnndtons in accordance with such orders as the commissjoaer may make tor the distribution and allocation of the work to be performed", the following words shall be substituted, namely:-"they shall have concurrent jurisdiction and shall perform such functions in respect of the said areas or persons or 5 classes of penons as the commissioner may, by general 01' special order in writing, specify, for the distribution add allocation of the work to be performed"; (e) for section 11, the following section shall be substituted namely:-10 15 "11 a commissioner may empower any inspector of in-inapactor come-tax within the meaning of the income-tax act to work ~ giftas an inspector of gift-tax under any other gift-tax authority subordinate to him; and whee he is so empowered, he shall perform such functions in the execution of this act aa are assigned to him by the commissioner by an order whether made under sub-section (1) of section '7a or otherwise, or by any other gift-tax authority under whom he ii appointed to work"; 20 '(f) section lla shall be re-numbered as section· 118 iuld before section llb as so re-numbered the fo11owlnl' seetlon shall be inserted, namely:-25 "lla in respect of any function to be performed bv a g:lt~ gift-tax officer under any provision of this act, in relation competent to any assessee, the gift-tax officer referred to therein shall,- ~pe~m - tion or (a) m a case where only one glft·tax oftlcer hal functions, jurisdiction over such assessee, be ruch gift-tax oftlcer: 30 (b) in a case where two or more glft·tax ofiicen have concurrent jurisdiction over such assessee, be the gift·tax oftlcer empowered to perform such function by the board or, as the case may be, the glft·tax officer to whom such function has been assigned by an order of the commissioner or of the inspecting assistant cem· missioner of gift-tax authorised by the commfssionew-in this behalf": (g) in section 45,-35 (i) after clause (d), the following clause shall be inserted namely: "(da) any company rother than a company to which clause '(c) or clause (d) applies] to an indian company in a scheme of amalgamation;": (ii) the exi~ting explanation shall be re-numbered as explanation 1 and after explanation 1 as so re-numbered the following explanation shall be inserted, namely:-'explanation 2-for the purpose of clause (da), the tenn "amalgamation" shall have the meaning assigned s to it in clause (1a) of section 2 of the income-tax act' 38 in the companies (proflts) surtax act, 1964,-iunend-",ent of aet70f 1964 (a) in section 3, in sab-sectlon (1),-(i) for the words "and income-tax oftlcer", tbe wordj "income-tax oftlcer and inspector of income-tax" ihall be 10 substituted; (ii) for the words "same as that he has'" the words "same as he has" shall be substituted; (b) in section 18,-(i) for the figures words and brackets "131 to 138 (both is inclusive)", the figures, letters, words and brackets "118, w 129, 130, 130a, 131, 132, 132a, 133 to 136 (both inclusive)" shall be substituted; (ii) for the figures, words and brackets "287 to 293 (both inclusive)", the figures, letters, words and brackets "287, 28820 288a, 288b, 289 to 293 (both inclusive)" shall be substituted chapter v indi1tect taxesamendment of act 32 of 1934 37 in the fir'lt schedule to the indian tariff act 1934 (hereinafter referred to a!'l the tariff act) in column 3, against each of the 2s items nos 1 fl 6(1), 12(3), 13(5), 13(7) 15(3)25(2) 25(6),26 26 (1), 46 (2) 53 (1) 64(1): 64 (2) 65 (1), 67 (3), 68 (1) 68 (3) 69, 69(1), 70(7) 70(8), 72(8), 72(9), 72(29), 72(31) (a) 72(31) (b) 72 (32) (a) 72 (32) (b)' 76 (2) and 84 (ii) (ii) the word "revenue" shall be inserted 30 snec11l duuea 01 eutoma 38 (1) in the case of goods chargeable with a duty of eustoms which is specified in the first schedule to the tariff act or in that schedule as amended by a subsequent c~ntral act if any or in that schedule read with any notification of the central government for the time bein~ in force, there shall be levied and collected as an 3s addition to, and in the same manner as the total amount so chargeable, a special duty of customs equal to 10 per cent of such amount: pro'rided that in computing the total amount so chargeable, any duty chargeable under section 2a of the tariff act or section 39 of this act hall not be included (2) sub-section (1) shall cease to have effect after the 31st day 5 of march, 1968, except as respects things done or omitted to be done 1t107 before such cesser; and section 6 of the general clauses act, 1897 shall apply upon such cesser as if the said sub-section had then been repealed by a central act 39 (1) with a view to regulating or bringing greater economy repllltcp' 10 in imports, there shall be levied and collected, with effect from such dut~el o! date, and at such rate, as may be specified in this behalf by the eus oma central government by notification in the otncial gazette, on all or any of the goods mentioned in the first schedule to the tarit! act or in that schedule as amended by a subsequent central act, is if any, a regulatory duty of customs not exceeding-(a) 25 per cent of the rate, if any, specified ill the said first schedule read with any notification issued under section 3a or sub-section (1) of section 4 of the tariff act; or (b) 10 per cent of the value of the goods as determined in 20 accordance with the provisions of section 14 of the customs act ·1962 1962, whichever is higher: provided that different dates and different rates may be spec11ied by the central government for different kinds of goods 25 (2) sub-section (1) shall cease to have effect after the 15th day of may, 1968, except as respects things done or omitted to be done 1897 before such cesser; and section 6 of the general clauses act, 1897 shall apply upon such cesser as if the said sub-section had then been repealed by a central act 30 (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 19112 1162 (4)tbe provisions of the customs act, 1962 and the rules and 3s 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 the regulatory duty of customs leviable under this section in respect of any goods as they apply in relation to the levy and collection of the duties of customs on such 40 goods under that act or those rules and regulatiolll (5) every nottfication issued under sub-section (1) shali, ai soon as may be after it is issued, be placed before each house of parliament 40 in the central excises and salt act, 1944 (hereinafter referred to as the central excises act), in the first schedule,-5 amend· ment gt act 1 of 1944 (a) in item no2, for the entry in the third column, the entry "eighty-five rupees per quintal" shall be substituted; (b) in item no4, under "ii manufactured tobacco-", for the entries in the third column against sub-items (1) (0, (1) (ii" (1) (iii) and (1) (iv), the entries ''twenty-one rupees", 10 "twelve rupees and seventy-five paise", "four rupees and fifty paise" and "one rupee and twenty paise" shall, respec-tively, be substituted; (c) in item no6, for the entry in the third column, the entry "five hundred and fifty rupees per kilolitre at fifteen is degrees of centigrade thermometer" shall be substituted; (d) in item no lla, for the entry in the third column, the entry "twenty per cent ad valorem" shall be substituted; (e) in item no 15a, for the entry in the third column, the entry ''thirty per cent ad valorem" shau be substituted; 20 (f) for item no 16a, the following item shall be substi-tuted, ~ely:-"i6a-rubber products, the follow· lng, namely :-(i) latex foam spodle! - (6) plates lhem add itrips uabaideded whether vulc:ariiicd or dot, iud whether combined with any tutile material or other-0) pipma iud tubing, of unhardened fifteen per cent ad otjlorm (9) in item no 18, for the entry in the third column, the eatry ''forty-five rupees per kilogram" shall be substituted; (h) in item no 18a, for the entries in the third column, against sub-items (1) and (2), the entries "six rupees and fifty paise per kilogram" and "one rupee per kilogram" shall, respectively, be substituted; s (i) in item no 22a, for the entries in the third column, against sub-items (i) and (ii) , the entries "three hundred and seventy-five rupees per metric tonne" and "one hundred and seventy-five rupees per metric tonne" shall, respectively, de substituted; 10 (;) in item no 27, for the entries in the third column against sub-items (a), (b), (bb), (c) and (d), the entries "nine hundred and fifty rupees per metric tonne", "one thousand four hundred and fifty rupees per metric tonne", "two thousand rupees per mettic tonne", "twenty per cent ad valorem" and is "twenty per cent ad vozerem" shall, respectively, be substituted 41 (1) when goods of the description mentioned in this section ~~ui:lof chargeable with a duty of excise under the central excises act (as excise on amended by this act or any subsequent central act) read with any ~~~ notification for the time being in force issued by the central govern- 20 ment in relation to the duty so chargeable, are assessed to duty, there shall be levied and collected-(a) as respects goods comprised in items nos 6, 8, 9, 14d, 22a, 23a except sub-item (1) thereof, 23b, 28, 29, sub-items (2) and (3) of item no 31 and item no 32 of the first schedule 2s to the central excises act, a special duty 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), subitems i, ii (2) and ii (3) of item no4, items nos 13, 14, 14f, 15, 13a, 15b, 16, 16a, 17, 18a(2), 21, 22, 23, 23a(1), 27, 30 30, 31 (1), 33, sub-items (1), (3a) and (4) of item no 34 and item no 37 of that schedule, a special duty of excise equal to 20 per cent of the total amount so chargeable on such goods; and (c) as respects goods comprised in items nos 4 ii (l), 18, '35 18a (1), 18b, 20, 29a, 33a, sub-items (2) and (3) of item no 34 and radiograms comprised in item no 37a of that schedule, a special duty of excise equal to 33! per cent of the totaj amount 0 chargeable on such goodi (2) sub-section (1) shall cease to have effect after the 31st day of march, 1968, except as respects things done or omitted to be done before such cesser; and section 6 of the general clauses act, 1897 10 of 1811~ shall apply upon such cesser as if the said sub-section had then been repealed by a central act s (3) the duties of excise referred to in sub-seetion (1) in respect of the goods specified therein shall be in addition to the duties of excise chargeable on such goods under the central excises act or any other law for the time being in force and such special duties shall be levied for purposes at the ubion and the proceeds thereof 10 shall not be distributed among tlle states (4) the provisions of the central excises act and the rules 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 the duties of excise leviable under this sec- 15 tion in respect of any goods as they apply in relation to the levy and collection of the duties of excise on such goods under that act or those rules re,ulstorydutiel of excise 42 (1) with a view to regulating or bringing greater economy in consumption, there shall be levied and collected, with effect 20 from such date, and at such rate as may be specified in this behalf by the central government by notification in the official gazette, on all or any of the goods mentioned in the first schedule to the central excises act as amended by this act or any subsequent central act, a regulatory duty of excise which shall not exceed 15 25 per cent of the vallie of the goods as determined in accordance with the provisions of section 4 of the central excises act: provided that different dates and different rates may be specified by the central government for different kinds of goods 10 ot 1897 (2) sub-section (1) shall cease to have effect after the 15th day 30 of may, 1968, except as respects things done or omitted to be done before such cesser; and section 6 of the general clauses act, 1897, shall apply upon such cesser as if the said sub-section had then been repealed by a central act (3) the duties of excise referred to in sub-section (1) in respect 3s of the goods specified therein shall be in addition to the duties of excise chargeable on such goods under the central excises act or any other law for the time being in force and such regulatory duties shall be levied for plou'poses 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, includi/ftg those relating to refunds and exemptions from duties, shall, as far as may be, apply in relation to the levy and collection of the regulatory duties of excise leviable s under this section in respect of any goods as they apply in relation to the levy and collection of the duties of excise on such goods under that act or those rules (5) every notification issued under sub-section (1) shall, as soori as may be after it is issued, be placed before each house of 10 parliament chapter vi miscellaneous43 in the first schedule to the indian polt office act, 1898,-alnendment of - - act80f (a) for the sub-heading ur6gtstered newspapers" and entries 1898 is thereunder, the following shall be substituted, namely:-"registered newspapers for a weight not exceeding one hundred grams 5 paise for a weight exceeding one hundred grams 20 and not exceeding two hundred and fifty grams 10 paise for every two hundred and fifty grams, or fraction thereof, exceeding two hundred and fifty grams 5 pame 25 in the case of more than one copy of the same issue of a registered newspaper being carried in the same packet | for | a weight not exceeding one hundred ||----------------|----------------------------------------|| grams | || 5 paise | || for | every additional one hundred and fifty || grams, | || or | fraction thereof, in excess of one || hundred grams: | || 5 paise | |3$ provided that such packet shall not be delivered at any addressee's residence but shall be given to a recognised agent at the post oftice"; (b) for the sub-heading "parce18" and entries thereunder, the following shall be substituted, namely:-65 paise 5 65 paise" "parcels for a weight not exceeding four hundred grams for every four hundred grams, or fraction thereof, exceeding four hundred grams 44 in the deposit insurance corporation act, 1961, for' section 30, the following section shall be substituted, namely:-amendment of act 47 of 1961 incometax 43 of 1961 "30 notwithstanding anything contained in the income-tax 10 act, 1961, the corporation shall not be liable to pay any tax under that act on any of its income, profits or gains for the accounting year during which the corporation is established and for nine accounting years following that year" ;~r,:::t 45 notwithstanding anything contained in any law for the time is menta being in force or any notification issued thereunder, the amend-52 of 1963 ~~~e5~ of menls made in section 32 of the unit trust of india act 1963 by 19113 by section 10 of the unit trust of india (amendment) act, 19m shall 17 of 1966 t9~lillo o~ be deemed to have been made with effect from the 1st day of april, given re-19m • ; • i-' ~~ •• ,,,: • " 20 trosj)ec-tive etfecl 10 01 1985 recovery 46 notwithstanding anything contained in section 68 of the 01 tax on a 196'" income fmance ct, ij--voluntarily disclosed (a) any income-tax which is payable by a person on the amount of income declared by him under the provisions of subsection (1) of that section but has not been paid withjn the 25 period referred to therein (such tax being hereafte!" in this section referred to as the outstanding tax) saail be deemed to be tax due from the declarant on the date next following the expiry of the said period under a notice of demand issued under section 156 of the income-tax act and the provisions of chapter 30 xv and chapter xvii-d of, and the second schedule and the third schedule to, that act shall, i!io far b! may be, apply accordingly, subject to the modification that in section 231 of the said act, references to one year shall be construed as references to two years; and 35 (b) the outstanding tax which is paid at any time after the expiry of the period referred to in sub-section (1) of the said section 68 or is recovered under the provisions of clause (a) shall, for the purposes of sub-section (6) of the said section 68, be deemed to be tax paid by the declarant under that 40 section 12 of 1967 47 section 2 and section 3 of the finance act, 1967 are hereby repeal repealed and shall be deemed never to have been enacted declaration under the provisional collection of taxes act, 1931it is hereby declared that it is expedient in the public interest 5 that the provisions of clauses 38, 40 and 41 of this bill shall have immediate effect under the provisional collection of taxes act 16 of 1931 1931 , the first schedule (see section 2) ,,- _ 10 part i inco~tax and surcharges on inco~tax paragraph ain the case of every individual or hindu undivided family or ud-registered firm or other association of persons or body of individuall, 15 whether incorporated or not, or every artificial juridical person referred to in sub~lause (vii) of clause (31) of section 2 of the income-tax act, not being a case to which any other paragraph of this part appiies,-20 (i) where the total income does not s per7cent of the total income; exceed ri 5,000 (2) where the total income exceeds re 250 plus 10 per cent of the amount its 5,000 but does not exceed by which the total income ax::eedi ri 10,000 ri 5000; 2s (3) where the total income exceeds r • 750 pltu is pel cent of the amount by ri 10,000 but does dot exceed which the total income excecda re is,ooo ri 10,000; (4) where the total income exceeds r • i,soo plus 20 per cent of the amount re 15,000 but doea dot exceed by which the total income exeeed, 30 r, 20,000 ri 15,000; m where the ra 20,000 ra 2,,000 tlta1 income ext:eedi tt • 2,500 pltu 3b per cent of the iftlount but cioes dot eltceed by which the total income exceed re 20,000; (6) where the ri 2,,000 ri50,000 total income exceed r 4,000 plw 40 per cent of the amount but does not exceed by which the total income exceed 5 ri 2,,000; (7) wbere the 3~ ri50,ooo total income a:ceeda re 6,000 plw ,0 per cent of the amount but doea- dot aceed by which the total income a:ceedi ri 30,000; total incoant aceeds ri r6,ooo plas 60 per cent of the amount 10 but doea nor aeeed by which the total income txc;eeda ri ,0,000; (i) where the ri ,0,000 ri '/osoooi c9r where the (total income [exceedl ra70,ooo ri 28,000 ",, 6, per cent of the amount by wblcli the total income aceeda ri 70,0001 15 provided that for the purposes of this paragraph, in the case of a penon, not being a non-resident--(i) no income-tax shall be payable on a total income not exceeding the following limit, namely:-(a) rs 7,008 in the ease of every hindu undivided 20 family which as at the end of the previous year satisfies either of the follqlltlling two conditions, namely:-(1) that it l1aa at least two members entitled to claim partition who are not less than eighteen years of age; or 2s (z) that it has at leam two members entitled to claim partition who are not lineally descended one from the other and who are not lineally descended from any othel' living metnber of the family; (b) ri 4,000 in every other case; 30 (it) where such person is an individual or a hindu undivided family, the income-tax computed at the rate heteinbefore specified shall be reduced by so much of the amount specified hereunder, as does not exceed the amount of income-tax so computmt-35 (0) ri 12, in the case of an unmarried individual ; (6j~ 200 - - - - iii the case of a married incdvidual ho baa no chud majnly dependent on him 01' - hindu undivided family which hu do minor coparcener ;' 40 (c) ri 220 - - in the cue or - married iddividual who has one child mainly dependent on him or - hindu undivided family which has one minor coparcener snaiftfy ~rted from the income of such famuy j 4 s in the caae of - married individuii "'bo baa more than one ~ mainly dependent on him or - hinciu uddivldecf family which baa more than one minor coparcener mainly aupportod from did -oe of s such family ; (iii) where the total income is twenty thousand rupees or less, the income-tax payable shall not exceed forty per cent of the amount by which the total income exceeds the limit specifted in sub-clause (a) or, as the case may be, sub-clause (b) of 10 clause (~) of this proviso the amount of income-tax computed in accordance with the preceding provisions of this paragraph shall be increased by the aggre-is gate of surcharges for purposes of the union calculated as specified hereunder: -(a) where-20 (i) in the case of an individual or a hindu undivided family, the amount of unearned income, not being income by way of interest on any security of the central or state government or income received in respect of units from the unit trust of india, established under the unit trust of india act, 1963, included in the total income, or 52 of 1983 (it) in any other case, the amount of unearned income 25 included in the total income, exceeds rs 15,000, a surcharge calculated on the difference between the amount of income-tax computed in respect of the income referred to in subclause (i) or, 83 the case may be, sub-clause (ii), if such income had 30 been the total income and the amount of income-tax computed in r~~qt of an inco~ of ~ 15,000 if it bad bectll the toalineome, at the following rate, namely:-3s (i) where the amount of the difference 20 per cent of the lidount ofaucb cwrereuce; does not ar:eed ri 140500 (2) where the amount of the difference ri 2,900 pliu 25 per cent of the amount exceeds ri 14,500 by which the difference af01'eblid exceedi ri 14,soo; (b) where-52 of uii3 (i) in the case of an individual or a hindu undivided family, the earned income and income by way of interest on any security of the central or state government and income received in respect of units from the unit trust of india, established under the unit trust of india act, 1863, included in the total 1dcome, or (tt) in· any other case, the earned income included in the total income, exceeds ra 1 lakh, a surcharge calculated on the amount of the difference between the income-tax computed in respect of the income referred to in su~ s clause (i) or, as the case may be, sub-clause (ii), if such income had been the total income and the income-tax computed in respect of a total income of rs 1 la1m, at the following rate, namely:-(i) where the amount of tho dl1fcrence s per cent of the amount olauch di1fcrence ; does dot exceed ri 6,,000 10 (2) where the amount of the di1ference ri 32s0 plw 10 per cent of the amount exceeds ri 6,000 but does dot by which the(ditference aforesaid exceed ej:ceed ri 130000 ri 6,000 ; (3) where the amount of the duference ri ""0 - i, per cent of the amount exceeds ri 130000 by which the dift'crence aforesaid exceeds is ri 130000; aod (c) a special surcharge calculated at the rate of ten per cent on the aggregate of the following amounts, namely:-(i) the amount of income-tax computed in accordance with the preceding provisions of this paragraph; and 20 (ii) the aggregate of the amounts of the surcharges calculated in accordance with clause (a) and clause (b) of this sub-paragraph paragtaph bin the case of every co-operative society,-2s (i) where the total inc:ome does not s per cent of the total inamej exceed ri ,,000 (2) where the total income exceeds ri 250 ,z,u 10 per cent of the amount by ri ,000 but does dot cuoed which the toliil income exceeds ri ,,000; 30 ri 10000 (3) where the total income exceed ri 7,0 ,,,,, is per cent of the amount by ri 10,000 but doea not exceed which the total income exceeds riio,ooo; ri 1,,000 (4) where the total incomi w:eeda ri 1,00 filau 30ifer cent of the iiidoudt 3s ri 1',000 but doea dot aceed by which the total idcome exodcds ri 20000 ri 1,000 i (5) where the total income exceeds ri 2500 ,lru 25 per cent of the amount ri 20,000 but does dot aceed by which the total income exceeds ri 2,,000 ri 20000; 40 (6) where the total idcomc esceeda ri 37,0 ,lus 41 per cent of the amount ri 2,,000 by which the total income exceeds ri 2,000: provided that-(i) no income-tax shall be payable on a total income not exceeding rs 4,000; and (ii) where the total income is twenty thousand rupees or 5 less, the income-tax payable shall not exceed forty per cent of the amount by which the total income exceeds rs 4,000 the amount of income-tax computed at the rate hereinbefore specified shall be increased by the aggregate of surcharges for pur-10 poses of the union calculated as specified hereunder:-is (a) where the total income exceeds rs 25,000, a surcharge calculated at the rate of 6! per cent of the amount of the difference between the income-tax computed at the rates hereinbefore specified and the income-tax computed in respect of a total income of rs 25,000; and (b) a special surcharge calculated at the rate of ten per cent on the aggregate of the following amounts, namely:-(i) the amount of income-tax computed at the rate hereinbefore specified; and 20 (ii) the amount of the surcharge calculated in accordance with clause (a) of this sub-paragraph in the case of every registered firm-2s (i) where the total income does not exceed rs 25,000 nil; | 6 per cent ||------------------------------|| the total income exceeds rs || 25000; |(2) where the total income esceeds rs 25000 but doe not escecd re50000 30 (3) where the total income exceeds rs 50,000 but docs not exceed rsi,oo,ooo rs 1500 plus 8 per cent of the amount by which the total income exceeds rs 50000; (4) where the total income~exceeds rs 1,00,000 ri 5500 ~lus 12 per cent of the amount by which the total income exceeds ri 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 union calculated as specified hereunder:-(a) in the case of a registered finn whose total income includes income derived from a profession carried on by it and the income so included is not less than flfty-one per cent of such total income, a surcharge calculated at the rate of ten per cent 5 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 specifled; and 10 (c) a special surcharge calculated at the rate of ten per cent on the aggregate of the following amounts, namely:-(i) the amount of income-tax computed at the rate hereinbefore specifled; and (ii) the amount of the surcharge calculated in accord- is ance with clause (a), or, as the case may be, clause (b) of this sub-paragraph in the case of every local authority,-20 on the whole of the total income , 45 per cent surcharges on income-tax - , " the amount of income-tax computed at the rate hereinbefore specifled shall be increased by the aggregate of surcharges for purposes of the union calculated as specifled hereunder: -25 (a) a 8~eharge calculated at the rate of ten per cent of the amount of income-tax computed at the rate hereinbefore specified; and (b) a special surcharge calculated at the rate of ten per cent on the aggregate of the following amounts, namely: -30 ~ : r-(i) the amount of income-tax computed at the rate hereinbefore specifled; and (ii) the amount of the surcharge calculated in accord-'\ ~ce with clause (a) of thi!j sub-paragraph in the case of the life insurance corporation of india established 31 of 19116 under the life insurance corporation act, 1956,-5 (,) on that part of its total income s2' s per cent ; which consists of profits and gainl from life insurance business 10 (ii) on the balance, if any, of the the rate of income-tu applicable in total income accordidce with parlllraph f of this part, to the total income of a dome~tic company which iii a company in which the public arc lubstantil1ly interested is 31 of in the case of a company, other than the life insurance corporation of india established under the life insurance corporation act, 19581956,- rates of lncome-tazi in the case of a domestic company-20 (a) (i) where the company is a company in which the public arc substantially interestcd,-45 per cent of the total income; (i) in a case where the total income does not exceed rs 25,000 ss per cent of the total income; (ii) in a case where the total income exceeds rs25,000 30 (2) where the company is not a company in which the public are substantially interested,-(') in the cue of an in· dustrial company-55 per ccnt ; 3s (j) on \10 much of the total inc:ome 1\1 does dot exceed ri jo,oo,ooo 60 per cent ; (2) on the balance, if any of the total income 6s per cent of the total incomc ; rnd (i) in any other case (b) in addition, where the company is-(i) a company in which the public are 8ublltantiallv ultcrestcd, or 4s (ii) a company as is referred to in clause (iii) of iiubsection (z) or clause (a) or clause (6) of 8ubaection (1) of section 104 of the ncome-tu act, or (iii) luch a company as is exempt from the operation of section 1004 of the said act by a notification issued under the provisions of sub-section (3) of that section, provided that the income-tax payable by a domestic company, 20 being a company in which the public are substantially interested, the total income of which exceeds rs 25,000, shall not exceed the aggregate of-(a) the income-tax which would have been payable by the company if its total income had been rs 25,000 (the income of 25 rs 25,000 for this purpose being computed as if such income included income from various sources in the same proportion as the total income of the company); and (b) 80 per cent of the amount by which its total income exceeds rs 25,000 30 ea'planation i-in clause (b) , the expression "the relevant amount of distributions of dividends" means the aggregate of the following amo~nts, namely:-(a) the amount, if any, by which the "relevant amount of distributions of dividends" by the company as computed in 35 accordance with explanation 1 to item i of paragraph f of part i of the first schedule to the finance act, 1966 exceeds its total 13 of 1966 income (reduced by the amount of capital gains, if any, relating to capital assets other than short-term capitnl assets included therein) assessable for the assessment year commencing on the 40 1st day of april, 1966; and ,-- (b) so much of the amount of the dividends, other than dividen:is on preference shares, declared or distributed by the company during the previous year as exceeds ten per cent of its paid-up equity share capital as on the 1st day of the previous 45 year explanation 2-for the purposes of clause (b), where a part of the income of a company is not included in its total income because it is agricultural income, the amount declared or distributed as dividends (other than dividends on preference shares) shall be s deemed to be such proportion thereof as the sum specified in clause (a) bears to the sum specified in clause (b), such sums being-(a) the average amount of the total income of the company of the five previous years in which it has been in receipt of taxable income immediately preceding the relevant previous year; 10 and ~'riiij-t t ~ ~\hooi~1 (b) the average amount of the total profits and gains (excluding capital receipts) of the company of the five previous years referred to in clause (a) reduced by such allowances as may be admissible under the income-tax act but whic!\ have is not been taken into account by the company in its profit and loss accounts for the said five previous years explanation 3-for the removal of doubts, it is hereby declared that where any dividends were declared by the company before the commencement of the previous year and are distributed by it during 20 that year, the amount of such dividends shall not be included in the amount of dividends referred to in clause (b) of explanation 1 ii in the case of a company other than a domestic company-(i) on so much of the total income as consiltl of-(a) royalties received trom an indian concern in pursuaace of an agreement made by it with the indian concern after the 31st day of march 1961, or 30 35 (b) fees for rendering technical services received from an indian concern in pursuance of an lllrecment made by it with the indian concern after the 29th day of february, 1964, so per cent; and where such agreemedt has, in either case, been approved by the central government 70 per cent (ia) on the balance, if any, of the total income part ii rates for deduction of tu at source in certain cases45 in every case in which under the provisions of sections 193, 1m, 194a and 195 of the income-tax act, tax is to be deducted at the rates in loree, deduction shall be made from the income subject to deduction, at the following rates:-income-tax rate of income-tax rate of surcharge i in the case of a person other than i company-(a) where the penon is resident-(i) on income by way of brokerqc or commission - - - - - - 12·5 per cent 2' 5 per cent 10 (il) on any other income (excluding interest payable on a tax free security) ]8 per cent 4 per cent (b) where the person is not resident in india-(i) on the whole income (excluding interest income-tax at 25 per cent and payable on a tllx free security) surcharge at 8 per cent of the is amount of the income income-tax and surcharges on income-tax in respect of the income at the rates prescribed in paragraph a of part 111 of 20 this schedule, if luch income had been the total income, whichever is higher; (il) on the income by way of mterest payable on a tax free security - _ 12' s per cent 4 per cent 25 2 in the cue of a company-(4) where the company is a domestic company-(i) on income by way of hrokerqc or commislion ] 5 per cent nil (il) on any other income (excluding interest 30 payable on a tax free security) - 22 per cent fv;/ (b) where the company is not a domertic com pany-3s ]4 per cent nil 28 per cent 40 nil 4s (i) on the income by way of dividends payable by an indian company as is referred to in the proviso to section bsa of the income-tax act (il) on the income by way of dividends payable by any domestic company other than a company referred to in (i) hereinabove (ii) on the income by way of royalties payable by an indian concern in pursudce of an agreement made by it with the indian concern after the 31st day of march, ]961, and '" hleh: has been approved by the central government so per cent nil -----------income-tax rate of lurcharge rate of idc:omc-tax 10 nil (iv) on the income by way of fees payable by an indian concern for rendering technical lervices in pursuance of an qreement made by it with the indian concern after the 29th day of february, 196,4,· and which ha been approved by the central government - so per cent nil (,,) on the income by way of interest payable on a tax free security 44 per cent nil <vi) on iny other income 70 per cent part iii is rates fot calculating or charging income-tax in certain coles, deductingincome-tat: from inco11le chargeable under the head "salaries" 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 20 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 or deduc!ed under section 192 of the said act from income ohargeable under the head "salaries" or in which the "advance tax" payable under chapter xvii-c of the said act has to be computed, at the rate or 2s rates in force, such income-tax or, as the case may be, "advance tax" shall be so calculated, charged, deducted or computed at the following rate or rates:-in the case of every individual or hindu undivided family or un-30 registered firm or other association of persons or body of individuals, whether incorporated or not or every artificial juridical person referred to in sub-clause (vii) of clause (31) of section 2 of the incometax act not being a case to which any other paragraph of this part applies-(j) where the total income does dot , per cenl of the total income; exceed r9 ~,ooo (2) where the total income exceeds re 2$0 ,,," 10 per cent of the amount r, s,ooo hut does not exceed ri jo,ooo by which the total income exceeds 40 r 5000; exceeds r~ 750 ph4s 15 per cent of the amount by exceed which the total income exceeds re 10,000; (3) where the total income ra 10,000 but does not ri15000 (4) vhere the total income rs 15,000 but doeenot ri20,000 exceeds rs 1,500 plus 20 per cent of the amount exceed by which the total income exceeds 5 rs is,ooo; (5) where the total income exceeds rs 2,soo pltu 30 per cent of the amount by which the total income exceeds ri 20,000; ri 20,000 but does not exceed rs25,000 (6) where the total income exceeds rs 4,000 plus 40 per cent of the amount 10 by which the total income exceeds ri 25,000; rs· 25,000 but docs not exceed ri30,000 (7) where the total income exceeds ri 30,000 but does not exceed rs so,ooo rs 6000 1'114$ so per cent of the amount ~ which the total income exceeds rs 30,000 ; is (8) where the ri 50,000 ri70,ooo (9) where the ri70000 total income exceeds rs 16,000 - 60 per cent of the amount but does not exceed by whidl the total income exceeds re 50,000 j total income ellcceds rs 28,000 plus 65 per cent of the amount by which the total income exceeds 20 re 70,000: 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 exceeding the following limit, namely: -2s ('1) rs 7,000 in the case of every hindu undivided family whioh as at the end of the previous year satisfies either of the following two conditions, namely:-(1) that it has at least two members entitled to claim partition who are not less than eighteen years of 30 age; or (2) that it has at least two members entitled to claim partitign who are not lineally descended one from the other and who are not lineally descended from any other living member of the family; 3s (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, incurred any expenditure for the maintenance of anyone or more of his parents or grand-parents mainly dependent on him, 40 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) re 145 in the cue of an unmarried individual; (6) re 220 in the cue or a married individual who 4s has do child mafnly dependent on him; (c) rs 240 in the case of a married individual who has one child mainly dependent on bim; (d) ri 260 - in the case of a married individual who has more than one child mainly dependent on him; 5 (iii) where such person is an individual not falling under clause (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 10 amount of income-tax so computed:-in the case of an unmarried individual; (a) rs us (b) rs 200 in the case of a married individual who has no child mainly dependent on him or a hindu undivided family which hu no minor coparcener ; 15 (c) ri 220 20 in the case of a married individual who has one child mainly dependent on him or a hindu undivided family which hu one minor coparcener mainly supported from the income of such family ; (4) rs 240 in the cue of a married individual who has more than one child mainly dependent on him or a hindu undivided family which has more than one minor coparcener mainly supported from the income of such family ; (iv) (a) where such person is an individual whose total income exceeds rs 10,000 but does not exceed rs 20,000, and who has, during the previous jllear, incurred any expencditure for 30 the maintenance of anyone or more of his parents or grandparents mainly dependent on him, the income-tax payable by him in respect of such total income shall not exceed the aggregate of-(1) the income-tax which would have been payable by 35 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; 40 (b) where such person is not an individual whose case falls under sub-clause (a) and the total income of such person doe" not exceed rs 20,000, the income-tax payable thereon shall not exceed 40 p~r cent of the amount by which the total income exceeds the limit specified in sub-clause (a) or, as the case may be, sub-clause (b) of clause (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 grandparent from all sources in respect of the previous year relevant to s the assessment year exceeds one thousand rupees the amount of income-tax computed in accordance with the preceding provisions of this paragraph shall be increased by the aggregate of surcharges for purposes of the union calculated as specified 10 hereunder: -(a) where-(i) in the case of an individual or a hindu undivided family, the amount of unearned income, not being income by way of interest on any security of the central or state gov- is ernment or income received in respect of units from the unit trust of india, established under the unit trust of india act, 1963, included in the total income, or 5a of 1963 (ii) in any other case, the amount of unearned income included in th£: total income, 20 exceeds us 30,000, a surcharge calculated on the difference between the amount of income-tax computed in respect of the income referred to in subclause (i) or, as the case may be, sub-clause (ii), if such income had been the total income and the amount of income-tax computed in 2s respect of an income of rs 30,000 if it had been the total income, at the following rate, namely:-(i) where the amount of the difference 20 per cent of the amount of such dift'erence; does not exceed rs 10000 (a) where the amount of the difference ri a,ooo lilus as per cent of the amount 30 exc:eedl ri 10,000 by whicb the difference aforesaid exceeds ri 10000; (b) where-(i) in the case of an individual or a hindu undivided family, the earned income and income by way of interest on 3s any security of the central or state government and income received in respect of units from the unit trust of india, established under the unit trust of india act, 1963, included ,a of 1963 in the total income, or (ii) in any other case, the earned income included in the total income, exceeds rs 1 lakh, a surcharge calculated on the amount of the difference between the income-tax computed in respect of the income referred to in sub· s clause (i) or, as the case may be, su~clause (ii), if such income had been the total income and the income-tax computed in respect of a total income of rs 1 lakh, at the following rate, namely:-(i) where the amount of the 5 per cent of the amount of such diflerenc(; di1fcrence does not exceed 10 ri65ooo (2) where the amount of the rs 3,250 plw 10 per cent of the amount difference exceeds ri 65000 by which the difference aforesaid exceed, but does not exceed ri 6s,ooo; rs 130000 15 (3) where the amount of ri 9750 plus is per cent of the amount the difference exceeds by which the ditference aforesaid c'xceedn rs 1,30,000 rs 1,30000; and (c) a special surcharge calculated at the rate of ten per cent on the aggregate of the following amounts, namely:-20 (i) the amount of income-tax computed in accordance with the preceding provisions of this paragraph; and (ii) the aggregate of the amounts of the shrchurges calculated in accordance with clause (a) and clause (b) of this sub-paragraph in the ca~e of every co-operative society,-income does not 5 per cent of !he total income; where the total exceed rs 5000 (i) 30 (2) incom exceeds does not exceed rs 2,0 plw 10 per cent of the amount by which tbe total income exceeds ra - 5,000; where the total rs 5,000 but ri 10000 income exceeds does not exceed 35 (3) ra 750 plus 15 per cent of the amount by which the total income exceed riiio,ooo; where the total rs 10000 but ri 15000 (4) income exceeds does not exceed where the total ri 15,000 but ri20,ooo rs 1500 p/w 20 per cent of the amount by which the total income exceeds ri is,ooo; 40 (s) income uceeds does not exceed where the total ri 20000 but r, 25,000 rs 2,500 plw 2s per cent of the a mount by which the total income exceeds rs 20,000; income exceeds (6) where the total rs 25,000 ri 3,7,0 plul 41 per cent of the amount by which the total income exceed, rr_ 2c_nnn' provided that-(i) no income-tax shall be payable on a total income not exceeding rs 4,000; and (ii) where the total income is twenty thousand rupees or less, the income-tax payable shall not exceed forty per cent of s the amount by which the total income exceeds rs 4,000 the amount of income-tax computed at the rate hereinbefore specified shall be increased by the aggregate of surcharges for purposes of the union calculated as specified hereunder: -10 (a) where the total income exceeds rs 25,000, a surcharge calculated at the rate of 6! per cent of the amount of the difference between the income-tax computed at the rates hereinbefore specified and the income-tax computed in respect of a total income of rs 25,000; and is (b) a special surcharge calculated at the rate of ten per cent on the aggregate of the following amounts, namely:-(i) the amount of income-tax computed at the rat~ hereinbefore specified; and (ii) the amount of the surcharge calculated in accord· 20 ance with clause (a) of this sub-paragraph ]jaragraph cin the case of every registered firm,-(1) where the total income docs not i nil; exceed rs 25,000 (2) where the total income exceeds 6 ~r cent of the amolult by which the total rs 25,000 but does not exceed income exceeds rs 25,000; ri so,coo (3) where the total income exceeds ri 1500 plw 8 per cent or the amount 30 rs 50,000 but does not exceed by which the total income exc:ceda ri 100,000 ri 50,000; (4) where the total income exceeds ri 5500!'!w 12 pcr~nt of the amount ri 1,00,000 by which the total income ac:eed ri 100,000 'rhe amount of income-tax computed at the rate hereinbef(lr~ specified shall be increased by the aggregate of surcharges for purposes of the union calculated as specified hereunder:-s (a) in the case of a registered firm whose total income in· cludes 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 income-tax computed at the rate hereinbefore specified; 10 (b) in the ('ase 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 is on the aggregate of the following amounts, namely;-(i) the amount of income-tax computed at the tate hereinbefore specified; and (ii) the amount of the surcharge calculated in accordance with clause (a), or, as the case may be, clause (b) of this sub-paragraph in the case of every local authority,-on the whole of the total income 45 per cent the amount of income-tax computed at the rate hereinbefore specified shall be increased by the aggregate of surcharges for purposes of the union calculated as specified hereunder:-(a) a surcharge calculated at the rate of ten per cent of the 30 amount of income-tax computed at the rate hereinbefore specified; and (b) a special surcharge calculated at the rate of ten per cent on the aggregate of the following amounts, namely:-(i) the amount of income-tax computed at the rate 3s hereinbefore specified; and (ii) the amount of the surcharge calculated in accordance with clause (a) of this sub-paragraph in the case of the life insurance corporation of india established ander the life insurance corporation act, 1956,-31 ot 1958 (i) on that part of its total income s2' s per cent; which codiisti of profits and pin_ from life· insurance business (ii) on the balance, if any of the total the rate of income-tax applicable in accordincome ance with paragraph f of uus put, to the total income of a domestic company 10 which is a company in which the public are substantially interested in the case of a company, other than the life insurance corporation of india ('stabli5'hed under the life insurance corporation act, is 1956,-31 ot 1958 l in the case of a domestic company-(axi) where the company is a company id which the public are bubatan-20 dally idterested,-(i) in a case where the total 4s per cent of the total income ; income docs dot exceed rs so,roo (a) in a case where the total 5s per cent ofthe total income; income exceeds rs so,ooo 2s (2) where the b~jaany is not a company in w' the pubuc are lubstantilollly interested,-(i) in the cue of an industrial company-30 (i) on 10 much of the 55 per cent; total income as docs not exceed rs 10,00,000 3s (2) on the balance, if 60 per cent; any, of the total income (il) in any other cue 65 per cent of the total inwll·c; and in addition, where tbe company ii-| (i) ||---------------|| company in || which || the || public; || are || lubltantially || lntete8ted~ || of || 4s |5 (it) a companf al is retcrrcd to in clause (iii) of tubsection (3) or c1aule (a) or clause (b) of subsection (l) of seetion 104 of the income-tilt act, or 10 (iii) iuch a company u it exempt from the operation of section 104 of the said act by a notification issued under the provisions of sub-section (j) of that aeetio!! on so much of the total in-7' s per cent : come a8 does not exceed the relevant amount of distributions of dividends by the company 20 provided that the income-tax payable by a domestic company, being a company in which the public are substantially interested, the total inconle of which exceeds rs 50,000, shall not exceed the 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 r'3 50,000 for this purpose being computed as if such income included income from various sources in the same proportion as the total income of the compal'ly); and (b) 80 pel' cent of the amount by which its total income exceeds rs 50000 30 explanation i-in clause (b), the expression "the relevant amount of distributions of dividends" means the aggregate of the following amounts, namely:-(a) the amount, if any, by which the "relevant amount of 3s distributions of dividends" by the company as computed in accordance with explanation 1 to item i of paragraph f of part i of the first schedule to the finance act, 1966 exceeds its total income (reduced by the amount of capital gains, if any, relating to capital assets other than short-term capital assets 40 included therein) assessable for the assessment year commencing on the 1st day of april, 1966; and ('b) so much of the amount of the dividends, other than dividends on preferrnce shares, declared or distributed by the company during the previous year as exceeds ten per cent of its paid-up equity share capital as on the 1st day of the previous year explanation 2·-for the purposes of clause (b), where a part of the income of ii company is not included in its total income because it is agricultural income, the amount declared or distributed as s dividends (other than dividends on preference shares) shall be deemed to be such proportion thereof as the sum specified in clause (a) bears to the sum specified in clause (b), such sums being-(a) the average amount of the total income of the company of the five previous years in which it has been in receipt of tax- 10 able income immediately preceding the relevant previous year; and (b) the average amount of the total profits and gains (excluding capital receipts) of the company of the five previous years referred to in clause (a) reduced by such allowances as is may be admissible under the income-tax act but which have not been taken into account by the company in its profit and loss accounts for the said five previous years explanation 3-for the removal of doubts, it is hereby declared that where any dividendr were declared by the company before the 20 eommencement of the previous year and are distributed by it during that year, the amount of such dividends shall not be included in the amount of dividends referred to in clause (b) of explanation 1 ii in the case of a company other than a domestic company··(i) on 80 much of the total income is consists of-(a) royalties received from an ·indian concern in purluance of an agree ment made by it with the indian concern after the 3 ist day of march, 1961, or (6) fees for rendering technical "rvice received from an indian concern in purluuicie of an qreemedt llulde by it with the indian concern after the 29th day of february, 1964 and where iuch aareement has, in so per cent j either case, been approved by the celltl'll government {ii) on the balance, if any, of the total 70 per cellt, iacome (see section 3) rates of annuity deposits (0 in the case of any depositor nn whose tow income docs dot exceed ri 15,000 (ii) iii th~ cll': of !"tv d:;"litor ,per ceqt of the i4j1ii184 toeai i whose totll income exceeds rs 15,000 but docs dot exceed lu 20)00 j 10 provided that the annuity deposit to be made shall in no calc! exceed half the amount by which the total income exceeds ri l~,ooo (iii) in the c"e or i d:,:"ltor 71 per ecru or the adjusttd tottl ~i whole ,o'al in~o:ne exceeds r~ 20 000 but doca dot cllceed rs 40,000 provided that the annuity deposit to be made shall ill do cue exceed the aggregate of the following sums, namely:-(a) an amount calculated at five per cent on 80 much of the adjusted total income as does not exceed rs 20,000; (b) one-half of the amount by which the total income exceeds rs 20,000 25 (iv) in the c'ne or a dep"1ltor 10 p=r ccqt ofe adjusted total iacoaae: whose tntii income exceeds rs 40,000 hut exceed rs 70,000 docs not provided that the annuity deposit to be made shall in no cue exceed the aggregate of the following sums, namely:-(a) an amount calculated at seven and a half per cent on so much of the adjusted total income a8 does not exceed re40,000; (b) one-half of the amount by which the' total income exceeds rs 40,000 3s (v) in the c1!c of - dep'lcftor 121 per ccgt or die ad,utte4 toeai fdcaiim i w~e totld incon1e exceedl ri70,ooo pr<>vided that the annuity deposit to be made ball in do cue exceed the aggregate of the following sums, namely:-(a) an amount calculated at ten per cent oftio'lilucia' of the adjusted total income as dqc!lnot ceed & 70,oon; (b) &lie-half of the uiloullt dy wjalelt 'the'totaj fdcome ceed ra '10,000 l:~laftctio"-in this sehedqle, "total income" means total income computed in the manner laid down in the income-ta% act ~ith· out making any allowance under section 2800 of that act the third schedule (see section 33) alnndments in thj: incoliz-ta% act 1 section lo-after clause (28), insert-"(29) in the case of an authority constituted under any 1a for the time being in force for the marketing of commodities, any income derived from the le1ting of god owns or warehouses 10 for storage, processing or facilitating the marketing of comm~ diua" 2 'section 32-(a) in sub-section (1), after clause (iv), insert-ii (u) in the case of any new bundfn~ the erection of i, which is completed after thl! 31st day of march, 1967 where the building is owned by an indian company and used by such ~mpany as a hotel and such hotel is for the time being approved in this behalf by the central govemment, a sum 'equal to tw~nty-tive per cent of the actual cost of erection 20 of the building to the assessee, in !'e!pect of the previous year in which the erection of the bulld!n, ii eompleted or, if sueh building is first brought into use as it hotel in the immediately suceeeding previous year, then in respect of that previous year; but any such sum shall not be dedue- 2, tible in determininl! the written down value for the pur- poses of clause (u) "; (b) in su1hectjon (2), after "ciaue (£17)", lniert "or clauie (17)" : a :sctftm-33- ,"; (a) for' 'su~aft (i);' iubttltute--; ~ -:"·7":" (i) ;'(n)" irfr8peet of - ne-vf'shlp :or ilew 'maeblnery or plant (other than omce appliadces or ram traaport s 10 vehicles) which is owned by the assessee and' is wholly uaed for the purposes of the business carried on by him, there shall, in accordance with and subject to the provisions of this section and of section 34, be allowed a deduction, in respect of the previous year in which the ship wi! acquired or the machinery or plant was installed or, if the ship, machinery or plant is first put to use in the immediately succeeding previous year, then, in respect of that previous year, a sum by way of development rebate 81 specified in clause (b) (b) the sum referred to in clause (a) shall be-(a) in the case of a ship, forty per cerat of ole actual cost thereof to the assessee; (8) in the case of machinery or plant,-(i) where the machinery or plant is installed for the purposes of business of construction, manufacture or production of anyone or more of the articles or things specified in the list in the fifth schedule,-20 (a) thirty-five per cent of the actual' coat of the machinery or plant to the assenee, where it is installed before the 1st day of april 1970, and 25 (b) twenty-five per cent of such cost where it is installed after the 31st day of march, 1970; (ii) where the machinery or plant is installeo after the 31st day of marcp, 1967, by an assessee being an indian company in premises used by it as a hotel and such hotel is for the time being approved in this behalf by the central government-35 (a) thirty-five per cent of the actual cost of the machinery or plant to the assessee, where it is installed before the lst day of april 18'10 and (b) twenty-five per cent of web 'colt where it is installed after the 31st day of maret 1870: ' (ui) where the machinery or plant fl ldjta11ecl after the slit day of march, 1087, beid u t repraenting expenditure of a capital nature on acientlftc research related to the business carried on by the assessee,--(4) thirty-flve per cent 01 the actual cos, 01 the machinery or plant to the assessee, 5 where it is installed before the 1st day of april, 1970 and (b) twenty-five per cent of such cost, where it is installed after the 31st day of j4arch, 1970; 10 (itj) in any other case-(a) twenty per cent of the actual cost of the machinery or plant to the assessee, where it is installed before the 1st day of april, 1970, and is (b) fifteen per cent of such cost where it is installed after the 31st day of march, 1970"; (b) in 8ub-section (2), for "[the total income for this purpose being computed without making any allowance under subsection (1) or 8u\)section (la) of this section or sub-section 20· (1) of secuon s3a]", in both places, substitute-"[the total income for this purpose being computed without making any allowance under sub-section (1) or aub-section (la) of this section or sub-section (1) of section 33a or any deduction under chapter via or section 25 2800]" (c) in sub-section (6), add at the end-"provided that the provisions of this sub-section shall not apply in the case of an assessee being an indian company, in respect of any machinery or plant installed by it 30 in premises used by it as a hotel where the hotel is for the time being approved in this behau by the central government" 4 section j3a-in sub-section (2), for "[the total income for this purpose being computed after making the allowance under sub- 35 section (1) or sub-section (la) or clause (ii) of sub-section (2) of section 33 but without making any ahawance under sub-section (1) of this section]", in both places, substltute-"[ the total income for this purpose being computed alter d'eductltm of ~e allowance under sub-section (l) or sub-section 40 (ta) or clause (if) of sub-section (2) of etion 33, but without making any deduction under sub-section (1) of this ection or any deduction under chapter via or section 2800]" 5 section 35-in sub-seetion (2) ,-s co for clause (i) i substitute-"(i) in a case where such capital expenditure is incurred before the 1st day of april, 1987, one-fifth of the capital expenditure incurred in any previous year shall be deducted for that previous year; and the, balance of the 10 expenditure shall be deducted in equal instalments for each of the four immediately succeeding previous years; (ia) in a case where such capital expenditure is incurred after the 31st day of march, 1967, the whole of such capital expenditure incurred in any previous year shall be is deducted for that previous year"; (ii) in clause (ii), after "an asset representing expenditure of a capital nature", insert "incurred before the 1st day of april, 1967"; (iii) in clause (v), for "where the asset is used", substitute 20 "where the asset mentioned in clause (ii) is used" 6 section 36-ln clause (viii) of sub-section (1), for "of the total income carried to such reserve account", substitute ·of the total income (computed beforc' making any deduction under chapter via) carried to such reserve account" 25 7 section 41-1n sub-section (3), after "the total amount of the deductions made under clause (i)", insert "or, as the case may be, the amount of the' deduction under clause (ia)" 8 sec~ion 43-for the proviso to clause (1), substitute-"provided that where the actual cost of an asset, being a 30 motor car which is acquired by the assessee after the 31st day or march, 1967 and is used otherwise than in a business of running it on hire for tourists, exceeds twenty-five thousand rup~\~s, the ('xcefis of the actual cost over such amount shall be ignored, and the actual cost thereof shall be taken to be twenty-35 five thousand rupees" 9 section 66-omit "and any amount in respect of which the assessee is entitled to a deduction from the amount of income-tax on his total income with which he is chargeable for any assessment year in accordance with, and to the extent provided in ectiqns 87 40 87 a and 88" 10 section n-for sub-section (2), substitute-'(2) where in respect of any assessment year the net result of the computation under any head of income other than "capital gains" 15 a loss and the assessee has income assessable under the head "capital gains", such loss may subject to the provisiona , of this chapter, be set ofi·-(i) against the income, if any, of the assessee assessable for that asses!:ment year under any head including income assessable under the head "capital gains" (whether relating to short-term capital assets or any other capital assets), or 10 (ii) if the 8!'1sessee so desires, only against his income, if any, under the head "capital gains", in so far as such income relates to short-term capital assets, and income under any other head (3) where in respect of any assessment year the net result is of the computation under sections 4b to 55 in respect 'of capital gains relating to short-term capital assets is a loss and the assessee h3s inc0me assessable under any head of income other than "capital gains", the assessee shall, subject to the provisions of this chapter, be entitled to have such loss set off against the 20 income aforesaid ' 11 section 72-1n sub-section (1), after "capital gains", idsert "relating to capital assets other than short-term capital assets" 12 secolon 74-1n sub-clause (i) of clause (a) of sub-section (1), for "as relates to short-term capital assets", substitute "relating to 2, ahort-term capital assets as cannot be or is not wholly set off agahllt income under any head in accordance with the provisions of section 71" 13 for chaptet via, substitut~ 'chapter via deductions to be made in computing total dfcojq a-genetol80a (i) in computing the total income of an aueuee, there man be allowed from his grosl total income, in accordance with and subject to the provisions of this chapter, the deducttiona apecified in aectiolll 80c to 8ot oed tionstobl made in eomputid8 total (2) the aggregate amount of the deductions under this chapter shall not, in any case, exceed the gross tota! income of the assessee s 10 (3) where, in computing the total income of a firm, assactatlon of persons or body of individuals, any deduction is admissible under section 80g or section 80h or section soj or section 80k or section 80l or section 80s or section 8ot, no deduction under the same section shall be made in computing the tltal income cf a partner of the firm or, as the case may be, i)f a member of the association of persons or body of individuals in relation to the share of such partner in the income of the flnn or the shar~ of such member in the income of the assodatiod of persons or body of individuals 80b in this chapter-15 (1) "displaced person" means a penon who, on account of the setting up of the dominions of india and pakistan, or on account of civil disturbances or the fear of such disturbances in any area now forming part of east pakitan has-20 (a) in the case of a person having a place of residence in the district of noakhali 01" of comilla, od or after the 1st day of october, 1946, and (b) in the case of a person having a place of residence in any other area now forming part of east 25 pakistan, on or after the lst day of june, 1947, left, or been displaced from, his place of residence in such area and who has been subsequently residing in india; (2) "domestic company" means nn indian company, or any other company which, in respect of its income liable 30 to tax under this act, has made the prescribed arrangements for the declaration and payment, within india, of the dividends (including dividends on preference shares) payable out of such income; (3) "earned income" and "unearned income" shall 35 have the meanings respectively assigned to them 10 1he finance act of the relevant year; (4) ··foreign company" means a company wh1ch ia dot a domestic company as defined in clause (z); (5) ··gross total income" mean the total income 40 computed in accordance with the pro~ of tb1a act before making any deduction under this chapter or under sectlon 2800 and without applying the provisions of section 64; (6) "income", in relation to a handicapped dependant, means the aggregate income of such person from all 5 sources; (7) "priority industry" means the business of generation or distribution of electricity or any other form of power or of construction, manufacture or production of anyone or more of the articles or things specified in the list in the 10 fifth schedule' or the business of any hotel where such business is carried on by an indian company and the hotel is for the time being approved in this behau by the central government; (8) "relative", in relation to an individual, means-is (a) the mother, father, husband or wife of the individual, or (b) a son, daughter, brother, sister, nephew or niece of the individual, or (e) a grand-son or grand-daughter of the individual, 20 or (d) the spouse of any person referred to in subclause (b); (9) "repatriate" means a person of indian origin who was ordinarily residing in a foreign country and who, on 2s leaving, or being forced to leave, such country, has-(a) in the case of a person leaving mozambique, on or after the 25th day of june, 1962, or (b) in the case of a person leaving burma, on or after the 1st day of june, 1963, or 30 (e) in the case of a person leaving ceylon, on or after the 1st day of november, 1964, or (d) in the case of a person leaving any other country, on or after such date or dates as may be notified in thl behalf by the central government in the ofbcial3s gazette, ramed to india with the intention of permanently l'e8lding therein explanaticm-a person shall be deemed to be of indian origin if he, or either of his parents or any of his grandparents, was born in undivided india s' 10 b-~eduction8 in respect of certain payments , jsoc (1) in computing the total income of ~ assessee there deducs~ be deduct~, in accordance with and ~ubject to the provi- ;~~~t of slona of this sectlon, an amount equal to blxty per cent of the life insurfirst five thous8lld rupees of the aggregate of the sums specified ance in sub-section (2) and fifty per cent of the balance, if any, of t:::;i~~ such aggregate tions to , provldent (2) the sums refened to in sub-section (1) shall be the fund, etc ~ollowing, namely:-(a) where the assessee is an individual, any sums paid in the previous year by the assessee out of his income chargeable to tax-is (i) to effect or to keep in force an insurance on the life of the assessee or on the life of the wife or husband '6f the assessee; or 20 (ii) to effect or to keep in force a contract for a deferred annuity on the life of the assessee or on the life of the wife or husbail;d of the assessee, notwithstanding that such contract contains a provision for the exercise by the insured of an option to receive a cash payment in lieu of the payment of the annuity; or (iii) as a contribution to any provident fund to which the provident funds act, 1925 applies; 2s 19 of 1025 30 (b) where the assessee is a hindu undivided family any sums paid in the previous year by the assessee out of its income chargeable to tax, to effect or to keep in force an insurance on the life of any male member of the family or of the wife of any such member explanation-for the purposes of sub-clause (i) of clause (a) and clause (b) of this sub-section, an insurance on the life of any person referred to therein shall include--3s (i) a policy of insurance on the life of such person securing the payment of a specified sum on the stipulated date of maturity 'of the policy, if such person is alive on such date, notwithstanding that the policy of insurance provides only for the return of premiums paid (with or without any interest thereon) in the &vent of such person dying before the said stipulated date; (ii) a policy of insurance effected by a person for the benefit of a minor (being the assessee, or a male member of a hindu undivided family where such 5 family is the assessee) with the object of enabling the minor, after he has attained majority, to sec:iu'e an insurance on his own life by adopting the policy and on his being alive on a date (aft such adoption) specified in the policy in this behalf; 10 -- -(c) any sum deducted in the previous year from the salary payable by or on behalf of the government to any individual being a sum deducted in accordance with the conditions of his servree, for the purpose of securing to him a deferred annuity or making provision for his wife or is children, in so far as the sum so deducted does not exceed one-fifth of the salary; (d) if the assessee is an employee participating in a recognised provident fund, his own contributions to his individual account in the fund in the previous year, in 80 20 far as the aggregate of such contributions does not exceed one-fifth of his salary in that previous year or eight thousand rupees, whichever is less e:rplanation-in clause (d) of this sub-section, "salary" shall have the meaning assigned to it in clause 25 (h) of rule 2 of part a of the fourth schedule; (e) if the assessee is an employee participating in an approved superannuation fund, any sum paid in the previous year by him by way of contribution towards the superannuation fund; 30 (1) whcle the assessee is an individual, any sums deposited, in the previous year by the assessee out of his income chargeable to tax, in a ten-year account or a fifteenyear account under the post office savings bank (cumulative time deposits) rules, 1959, as amended from time to 35 time (3) the provisions of clauses (a) and (b) of sub-section (2) shall apply only to so much of any premium or other payment made on a policy other than a contract for a deferred annuity as is not in excess of ten per cent of the actual capital 40 swn assured ezplanation-in calculating any such capital sum, no account shall be taken-(i) of the value of any premiums agreed to be returned, or s (ii) of any benefit by way of bonus or otherwise over and above the sum actually assured, which is to be or may be received under the policy by any person 10 (4) the aggregate of the sums referred to in sub-section (2), which qualifies for the purposes of computing the deduction under sub-section (1), shall not exceed-(i) in the case of an individual being an author, playwright, artist, musician or actor, such percentage of his ,gross total income, or such amount, as may be prescribed: is provided that such individual has effected an insurance referred to in sub-clause (i) of clause (a) of sub-section (2) prior to the 1st day of march, 1964 and has paid any sum in the previous year to keep in force such insurance; (ii) in the case of any other individual [including an author, playwright, artist, musician or actor, to whom the provisions of clause (i) do not apply], thirty per cent of hif'l gross total income, or fifteen thousand rupees, whichever is less; (iii) in the case of a hindu undivided family, thirty per cent of its gross total income, or thirty thousand rupees, 25 whichever is less (s) if the gross total income of the assessee includes ('amed income chargeab1e under any head, the deduction under subsection (1) shall, to the extent possible, be made in computing such earned income and, as to the balance, if any, in computing 30 any other income; and if there is do earned income, the deduction shall be made in computing any other income under any head 800 (1) where an assessee who is resident in india, being deducan individual or hindu undivided family, who has, during the ~~~ of previous year, incurred out of his or its income chargeable to medical 35 income-tax, any expenditure for the medical treatment (includ-:-~~~ent, ing nursing) of a person whobandicapped i he di 'd al depen-(a) is a re ative of t in 'vi u , or, as the case may dants be, is a member of the hindu undivided family and is not dependent on any person other than such individual or 40 hindu undivided family for his support or maid~nance, anti (b) is suffering from a physical or mental disability which is certified by a registered medical practitioner to have the effect of reducing considerably such person's capacity for normaj work or engaging in a gainful employment (hereinafter in this section referred to as handicapped s d~pen~ant) , , the assess~e shall, 'in accordance with and subject to the provisions of this section, be aliowed a deduction of the amount specified in sub·section (2) in the computaiion of his total income in respect of the previous year 10 (2) the deduction under sub-section (l)~hal1 be-(i) in a case where the handicapped dependant has, for a period of one hundred and eighty-two days or more during the previous year, been admitted in a hospital or '~ nursing home or a medical institutioll or in such other institution as is may be notified by the central government in the official gazette to be an institution for the care of handicapped persons, and fees and charges for his medical treatment (including nursing) are payable to such hospital or nursing home or medical or other institution, as the case may be, 20 a ~um of two thousand four hundred rupees, or , (ii) in any othe~ case, a sum of six hundred rupees, as reduced, in either case, by an amount equal to the income, if any of the handicapped dependant ip! x:espect of the previous year: 2s provided that where the assessee has, durin'g tlie previous year, incurred expenditure on more than one handicappeddependant, th~ deduction under sub-section (1) shall be allowed ol}ly with reference to one such handicapped dependant as may be chosen by the assessee 30 (3) if the gross total income of the assessee includes earned income chargeable under any head, the deduction under subsection (1) shall, to the extent possible, be made in computing such earnzd income' and, as to the balance, if any in computing any other income; and if th~re is no earned income, the deduc- 3s tion shall be made in computing any other income under any h~d 80e (1) where, in the case of an assessee, being an individual who is a citizen of india and is resident in india, his share in the income of a registered firm which rend~rs pro- 40 fessional service as chartered accountant, solicitor, lawyer, architect, 'or such other professional service as may be notified in deductien in respect of payment for secur-\rill retire r'1ent '\pnul"" -5 10 this behalf by the central government in the official gazette, is chargeable to tax and he has paid out of his income chargeable to tax a premium (by whatever name called) in any previous year under an annuity contract for the time being approved by the commissioner 8s having for its main object the provision for the individual of a life annuity in old age (he'reinafter in this section referred to as qualifying premium), then the assessee shall, in accordance with and subject to the provisions of this section, be allowed a deduction of the amount of the qualifying premium in the computation of his total income in respect of the previous year: provided that the amount which may be so deducted shall not exceed the sum of five thousand rupees, or one-tenth of his gross total income, whichever is less: is provided further that any annuity payable to the individual shall be deemed to be his earned income to the extent to which it is attributable to the amount in respect of which deduction has been allowed under this section and chargeable to tax ac~rdingly (2) subject to sub-section (3) and any rules made by the 20 board in this behalf, the commissioner shall not approve a contract unless he is satisfied that it does not-(a) provide for the payment during the life of the individual of any sums except sums payable by way of annuity to the individual; or 25 (!)) provide for the annuity payable to the individual to commence before he attains the age of fifty-eight or after he attains the age of sixty-eight; or (c) provide for the payment of any other sums except sums payable by way of annuity to the individual's widow 30 or widower and any sums which, in the event of no annuity becoming payable either to the individual or to a widow or widower of the individual, are payable to the individual's legal representative by way of return of premiums, by way of reasonable interest on premiums and by way of bonus out 35 of profit!'!; or cd) provide for the payment of annuity, if any, payable to a widow or widower of the individual to be of - greater annual amount than that paid or payable to the individual; or 40 (e) provide for the payment of any annuity otherwile than for the ufe of the annuitant, and that it does include a provision that no annuity payable under it shall be capable in whole or in part of surrender, commutation or assignment (3) the commissioner may, if he thinks fit, and subject to any conditions the board may, by rules, prescribe and sub- 5 ject to any conditions he thinks proper to impose, approve a contract, notwithstanding that the contract provides for one or more of the following matters, that is to say,-(a) for the payment after the individual's death of an annuity to a dependant other than the widow or widower 10 of the individual; (b) for the payment to the individual of an annuity commencing before he attains the age of fifty-eight, if the annuity is payable on his becoming incapable through infinnity of mind or body of being actively engaged in his is profession or any profession of a similar nature for which he is trained or fitted; (c) for the annuity payable to any person to continue for a specified tenn (not exceeding ten years), notwithstanding his death within that tenn; 20 (d) in the case of an annuity which is to continue for such specified term, for the annuity to be assignable by will (4) the foregoing provisions of this section shall apply in relation to a contribution (by whatever name called) to a fund 2s approved by the commissioner as they apply in relation to any premium under an annuity contract so approved, provided the fund satisfies also the conditions set out below and any other conditions which the board may, by rules, prescribe, namely:-(a) the fund shall be a fund estabushed in india under 30 an irrevocable trust for the benefit of individuals engaged in any profession referred to in sub-section (1); (b) the fund shall have for its sole purpose the provision of annuities for individuals engaged in such profession 3s on attaining a specified age or on their becoming incapacitated prior to attaining such age, or for the widow, children or dependants of such persons on their death; (c) a11 annuities, pensions and other benefits granted from the fund shall be payable only in india (5) the commissioner may, at any time, after giving a reasonable opportunity of showing cause against the proposed withdrawal to the persons by and to whom premiums are pay~ able under any contract for the time being approved under this 5 section, or to the trustees of any fund so approved, withdraw the approval (6) notwithstanding anything contained in sub-sections (1) and (4), no deduction under this section shall be allowed in the case of any individual-10 (i) whose gross total income includes unearned income of more than ten thousand rupees; or (ii) who is entitled to any pension or is participating in any pension or superannuation scheme (7) the deduction under this section shall be made in com~ 15 puting the earned income of the assessee included in his gross total income, so, however, that the amount of deduction shall not in any case exceed the amount of the income computed under the head "profits and gains of business or profession", included in the gross total income 20 (8) any annuity payable under an approved contract referred to in l>ub-section (1) or from any fund referred to in sub-section (4), to a person other than the individual who pays the premium or makes the contribution and any interest on premiums or bonus out of profits payable to such person, shall 25 be deemed to be his unearned income to the extent it is attri~ butable to the amount of deduction allowed under sub-section (i) and chargeable to tax accordingly (9) where any payment by way of annuity or otherwise is made by a person to whom premiums or contributions are 30 payable under sub-section (1) or sub-section (1), such person shall, subject to any rules made by the board in this behalf, deduct from the total amount so paid during any financial year, tax at such rate or rates in force in that year as would be applicable to such amount, if it were the total income and shall 35 pay the amount so deducted to the credit of the central government within the prescribed time and in such manner as the board may direct and the provisions of section 201 shall, 80 far as may be, apply to such person if he does not deduct, or after deducting fails to pay, such tax 40 (10) where a deduction under this section is claimed and allowed for any assessment year in respect of any payment, reiief shah not be given i~ respect of it under any other provi sian of this act for the same or a later assessment year nor (in the case of a payment under an annuity contract)- in respect of any:dther premium or consideration for an annuity under the same contract s (11) (a) the board may, by notification "in the official gazette, make rules for carrying out the purposes of this section (b) in particular and without prejudice to the genel'8lity of the foregoing power, such rules may-10 (i) prescribe the statements and other information to be submitted along with an application for approval; (ii) prescribe the returns, statements, particulars or information which the income-tax officer may require from a person by and to whom premiums ot contributions is are payable under this section; (iii) provide for the assessment by way of penalty of any consideration received by an individual for an assignment of, or creation of a charge upon, any annuity or other sum receivable by him under any contract or from 20 any fund approved for the time being under this section; and (iv) provide for securing such further control over the approval granted under this section and administration of -funds approved under this section as it may deem requisite 2s deduction in respect of educational expensea in certain cases 80f (1) where an individual, being a resident, who is not a citizen of india, has expended any sum in the previous year out of his income chargerble to tax for the full time education of his child wholly or mainly dependent on him and who is not more than twenty-one years of age, at any university, college, 30 school or other educational institution situate in a country out· side india, he shall, in accordance with and subject to the provisions of this section, be allowed a deduction of the amount specified in sub-section (2) in the computation of his total income 3s (2) the amount referred to in sub-section (1) shall be-(i) in the case of an individual who has one such child, one thousand five hundred rupees; and (ii) in the case of an individual who has more than one such child, three thousand rupees 40 (3') if the gross total income of the aaseuee includes eard-ed income chargeable under any head, the deduction under subsection (1) shall to the extent possible, be made in computing such earned income and, as to the balance, if any, in computing any other income; and if there is no earned income, the deduction shall be made in computing any other income under any head 8og (1) in computing the total income of an allellle, deduothere shall be deducted, in accordance with and subject to the t1:~ 01 provisions of this section, an amount equal to fifty per cent of ~odat1od1 ro the aggregate of the sums specified in sub-section (2) r~ ebarttabje (2) the sums referred to in sub-section (1) ahau be the ~ following, namely:-(a) any sums paid by the assessee in the prevtoui year u donations to-i~ (i) the national defence fund set up by the central, government; or (it) the jawaharlal nehru memorial fund refer-red to in the deed of declaration of trust adopted by the national committee at its meeting held on the 17th day of august, 1964; or (iii) the prime minister's drought relief fund; g!' (it1) any other fund or any inltitution to whteh this section applies; or (v) the government or any local authority to be utl-~'i jised for any charitable purpose; (b) any sums paid by the assessee in the previoua year u donations for the- renovation or repair of any rucb temple, mosque, gurdwara, church or other place 81 fa notlftecl by the central government in the official gazette to be of 30 historic, archaeological or artistic importance or to be - place of public worship of renown throughout any state or states (3) no deduction shall be adowed under sub-section (1) if the aggregate of the sums referred to in sub-section (2) is leis 3~ than two hundred and fifty rupees (4) 'l'he deduction under sub-section (1) shall !lot be allowed in respect of such part of the aggregate of the sums referred to in sub-clauses (iv) and (11) of c!1ause (ii) and m clause (b) of sub-section (z) as exceeds ten per cejlt of the li'oii total income (as reduced by any portton thereof on wlrleh income-tax is not payable under any provision of tht act and by any amount in respect of which the assessee is entitled to - deduction under any other provision of this chapter), or two hundred thousand rupees, whichever is less: 5 provided th~t where such aggregate includes any sums referred to in clause (b) of sub-section (2) and such aggregate exceeds the limit of two hundred thousand rupees specified in this sub-section, then such limit shall be raised to cover 'that portion of th~ donation which is equal to the difference between 10 such aggregate and the said limit, so, however, that the limit so raised shall not exceed ten per eent of the assessee's grosa total income as reduced as aforesaid, or five hundred thousand rupees, whichever is less (5) this section applies to donations to any institution or j 5 fund referred to in sub-clause (iv) of clause (a) of sub-section (2), only if it is established in india for a charitable purpose and if it fulflls the following conditions, n mely:-(i) where the institution or fund derives any income, such inc'lme would not be liable to inclusion in its total income 20 under th,~ provisions of sections 11 and 12 or clause (22) of section 10; (ii) the instrument under which the institution or fund is constituted does not, or the rules governing the institution or fund do not, contain any provision for the transfer or 25 application at any time of the whole or any part of the income or assets of the institution or fund for any purpose other than a charitable pul1'0se; (iii) the institution or fund is not expressed to be for the benefit of any particular religious community or caste; 30 (fv) the institution or fund maintains regular accounts of its receipts and expenditure; and (v) the institution or fund is either constituted a8 a public charitable trust or is registered under the societies registration act, 1860, or under any law corresponding to 3s al , iuo that act in force in any part of india or under section 25 of the companies act, 1956, or is a university established by i of i,s6 law, or is any other educational institution recognised by the government or by a university established by law, or duated to any university established by law or is an inlti- 40 tution finapeed wholly or in part by the government or - loeal authority, tzp1anaucm 1-an idltituuon or fund established for the benefit of scheduled castes, backward classes, scheduled tribel or of women and chlldren shall not be deemed to be an institution or fund expressed to be for the benefit of a l'eligious community s or caste within the meaning of clause (iii) of sub-section (5) explanation 2-for the removal of doubts, it is hereby cutelared that a deduction to which the assessee is entitled in reapect of any donation made to an institution or fund to which subsection (5) applies shall not be affected merely by reason of the 10 fact that subsequent to the donation any part of the income of the institution or fund has become chargeable to tax due to nojlcompliance with any of the provisions of section 11 explanation 3-in this section, "charitable purpose" doea not include any purpose the whole or substantially the whole of is which is of a religious nature (6) if the gross total income of the assessee includes earded income chargeable under any head, the deduction under bubsection (1) shall, to the extent possible, be made in computina such earned income and, as to the balance, if any, in computing any other income; and if there is no earned income, the deduction shall be made in computing any other income under any bead c-deductions in respect of cettain incomu80h (1) where the gross total income of any assessee inclu- ljeduc> 25 des any profits and gains derived from any industrial undertak- ~~~!~ cue ing to which this section applies, there shall be allowed, in industrial accordance with and subject to the provisions of this section, a ~:k1:~ deduction from such profits and gains of an amount equal to ~tp~oytdl fifty per cent thereof in computing the total income ot the pe~ 30 assessee, so, however, that the amount of the ded,uction under etc this section shall not, in any case, exceed one hundred thousand rupees (2) this section applies to any industrial undertaking which fulfils all the following conditions, namely:-'(i) it is not formed by the splitting up, or reconstruction 35 of a business already in existence; (ii) it is not formed by the transfer to a new businea of a building machinery or plant previously used for ·any pu1'poi8; (iii) it has begun or begins to manufacture or product articles in any part of india at any time within a period of three years next following the 1st day of april, 1967; (iv) it employs, on every working day throughout the previous year, fifty or more workers in a manuiacturin s process (whether carried on with or without the aid of power); and (v) it employs displaced persons or repatriates or members of the families of displaced persons or repatriates (all such employees being, hereinafter, referred to as rehab i- 10 litated employees) and the daily average number of rehabilitated employees, as certified by the prescribed authority, 18 dot less than sixty per cent of the daily average number of all the persons employed in the undertaking, throughout the previous year: i, provided that, in computing the daily average number of rehabilitated employees for the purposes of this clause, any such employee who had, at the time of his first employment in the undertaking, completed the age of 40 years shall not be taken into account 20 explanation l-"member of the family", in relation to any person who is a displaced person or repatriate, means any member of the family of such person if such member was, before his employment in the undertaking, dependent oil such person 2, explanation 2-"daily average number", in relation to rehabilitated employees or, as the case may be, all the persons employed in the undertaking, shall be taken to be the number arrived at by dividing the aggregate of the number of rehabilitated employees or, as the case may be, the tota130 number of persons employed in the undertaking on each working day of a month by the total number of workina daya in that month (3) the provisions of this section shall, in relation to an industrial undertaking, apply to the assessment for the assess- 35 ment year relevant to the previous year in which the undertaking begina to manufacture or produce articles, and the nine ulralmdt yean immediately lucceedidi 5 sot (1) in the case of a company to which this aection ~u'i; applies, where the gross total income includes any proflts and respect of gains attributable to any priority industry, there shall be a~- :~:- f::~ lowed, in accordance with and subject to the provisions of this prlor1t~ section, a deduction from such profits and gains of an amount l:d~r~~1e equal to eight per cent thereof, in computing the total income of certaid of the company eompaoiee 10 (2) this section applies to a domestic company, save in a case where such company is a company which is referred to in section 108 and has a gross total income of tifty thousand rupees or less is 25 (3) where a company to which this section applies is entitled also to the deduction under section soh, the deduction under sub-section (1) of this section shall be allowed with reference to the amount of the profits and gains attributable to the priority industry or industries as reduced by the deduction und~r section 80h in relation to such profits and gains 8oj (1) where the gross total income of an assessee in- deduccludes any profits and gains derived from an industrial under- uon in taking or a ship or the business of a hotel, to which this section,~~~t ~d applies, there shall, in accordance with and subject to the pro- aains from visions of this section, be allowed, in computing the total in- :::filabcome of the asseuee, a deduction from such profits and gains tred,in, dud'" a un erof-, la'cln or lhips or (i) an amount equal to such profits and gains as re- hotel buslduced by the' aggregate of the deductions, if any, admissi- ~~ilit:: ble to the assessee under section 80h and section 801 or ea , (ii) the amount specified in sub-section (2), whichever is less, 80, however, that where the amount referred 30 to in clause (ii) is equal to the amount referred to in clause (t) the amount to be deducted under this section shall be the amount referred to in clause (ii) (2) the amount referred to in clause (if) of sub-section (1) shall be-40 (a) in respect of the assessment year relevant to the previous year in which the undertaking begins to manufacture or produce articles or to operate the cold storag- plant or plants or the ship is first brought into use or the business of the hotel starts functioning (such assessment year being hereafter; in this section, referred to as the initial assessment year), the amount calculated at the rate of i1x per cent per annum od the capital empioyd fd the undertaking or ship or business of the hotel, as the case mat be, computed in the prescribed manner; (b) in respect of ea<:h of the four assessment years immediately succeeding the initial assessment year, the aggregate of the following amounts, namely:-s (i) the amount calculated at the rate of six per cent per annum on the capital employed in the undertaking or ship or business of the' hotel, as the case may be, computed in the prescribed manner; and (ii) the illllount of the deficiency, 1£ any, in relation 10 to the assessment year, referred to and computed 'in accordance with the explanation to this sub-section; (c) in respect of each of the assessment years immediat~!y succeeding the last one of the assessment year" referred to in clause (b), not being an assessment year is subsequent to the seventh assessment year as reckoned from the end of the initial assessment year, the amount of the deficiency, if any, in relation to such assessment year, referred to and computed in accordance with the explanation to this sub-section 20 exp!anation-the amount of the deficiency in ''relation to an assessment year (not being the initial asseslment year) shall be taken to be the amount, if any by which the sum specified in clause (a) falls short of the sum specified in clause (b) such sums beingzs (a) the aggregate of the amounts of the profits and gains derived 'from the industrial undertaking or ship or business of the hotel, as the case may be, included in the total income (as computed without applying the provisions of section 64 and before malting any deduction 30 under chapter via or section 2800) of the previous years relevant to each of the assessment years (not being an assessment year prior to the initial assessment year or an assessment year prior to the assessment yeat commencing on the 1st day of april, 1967) immediately 3s preceding the assessment year aforesaid; and (b) the aggregate of the amounts calculated at the rate of six per cent per annum on the capital employed in the industrial undertaking or ship or businesl of the hotel, as the case may be, computed in the prescribed 40 ldijulerin respect of the prevloul yean relevant to chof the assessment years (not being an asaeament year prior to the initial assessment year or an uiei8-ment year prior to the assessment year commencing on the' lst day of april, 1967 or an assessment year subsequent to the fourth assessment year as reckoned from the end of the initial assessment year) immediately preceding the assessment year aforesaid (3) in the case of an assessee being a co-operative soclety,~ (i) the provisions of sub-section (2) shall have eff~ 10 as if in clause (8) thereof, for the words "four assessment years", the words "six assessment years" had been substituted; and (il) the provisions of the explanation to sub-sectton (2) shall have effect as if in clause (b) for the words i~ "fourth assessment year" the words "sixth auessment year" had been substituted (4) this section applies to any industrial undertaklng which fulfils all the following conditions, namely:-(i) it is not formed by the splftting up, or the recon truction, of 8 business already in existence; (ii) it is not formed by the transfer to a new business of a building, machinery or plant previously used for any purpose; (iii) it manufactures or produces articles, or operates 2~ one or more cold storage plant or plants, in any part of india, and has begun or begins to manufacture or produce articles or to operate such plant or plants, at any tfme within the period of twenty-three years next fol1owin~ the , lst day of april 1948 or such further period as the c~ntr81 30 government may, by notification fn the otftcfal gazette specify with reference to any particular industrial undertaking; ; : , ',' i "'~ """"''''f''''''~'oo:'~ (iv) in a ('lise where the industrial undertaking manufactures or produces articles, the undertakinl1, employs ten 3~ or more workers fn a manufacturing process carried on with the aid of power, or employs twenty or more worken fn a manufacturing process carried on without the aid of power: ~i 1 '''1 provided that the condition in clause (i) shall not apply ,0 in respect of any industrial undertaking which fs formed as 8 result ot the re-establishment reconstruction· or revivaj '" the uaesaee of the busineu of any aueb industrial undertak:lq as is referred to in section 33b, in the circumstances and within the period specifted in that seetion (5) this section applies to any ship, where all the following conditions are fulfilled, namely: -5 (i) it is owned by an indian company and is wholly used for the purposes of the business carried onby it; (ii) it was not, previous to the date of its acquisition by the indian company, owned and used in indian territorial waters by a person resident in india; and 10 (iii) it is brought into use by the indian company at any time within a period of twenty-three years next following the 1st day of april, 1948 (6) 'rhis section applies to the business of any hotel, where all the following conditions are fulfilled, namely: -15 (a) the business of the hotel starts functioning on or after the 1st day of april, 1961, and is not formed by the splitting up, or the reconstruction, of a business already in existence or by the transfer to a new business of a building previously used as a hotel or of any machinery 30 or plant previously used for any purpose; (b) the business of the hotel is owned and carried on by a company registered in india with a paid-up capital of not less than flve hundred thousand rupees; «') the hotel has such number and types of guest 25 rooms and provides such amenities as may be prescribed, having regard to the population and the tourist importance of tbe place in which the hotel is located; and (d) the hotel is for the time being approved for the purposes of this sub-section by the central government 30 !!rpiaft4tion-where-· (4) in the case of an industrial undertaking, any building, machinery or plant, or any part thereof previously used for any purpose, or (b) in the case of the business of a hotel, any bufld- 3$ ing, or any part thereof, previously used as a botel, or any machinerj or plant, or any part thereof, previously used for any purpose 5 10 is, in either case, transferred to a new buliness, and the total value of the building, machinery or plant or part so transferred does not exceed twenty per cent of the total value of the building, machinery or plant used in the business, then, for the purposes of clause (ii) of sub-sectton (4) and clause (a) of sub-section (6), the condition specified therein shall be' deemed to have been complied with and the total value of the building, machinery or plant or part so transferred shall not be taken into account in computing the capital employed in the industrial undertaking or the business of the hotel (7) the central government may, after makin~ such tnquiry as it may think fit, direct, by notificatfon in the official gazette, that -the exemption conferred by this section shall not apply to any class of industrial undertakincts with effect from such date as it may specify in the notiftcation is 20 80k where the gross total income of an assessee, befnjl dedu ue- oo~ the holder of any share or shares in a company, includes any respect of income by way of dividends paid or deemed to have been paid ~:r~tb~t~ to him bv the company in respect of such share or shares able to there shall, subject to anv rules that mav be made by the ~~~fi~:ins board in this behalf, be allowed, in computing his total income from new a deduction from such income bv way of dividends of an inddustr1al w1 eramount equal to such part thereof as is attrlbutable to the takin,1 or profits and gains derived by the company from an indu!ltrlal h~~~r or undertakfnct or ship or the business of a hotel, on which no business tax is payable by the company under this act for any 8!1;sess-ment year commencin,!, prior to the 1st dav of april, 1968 or in respect of which the company is entitled to a deductto, under section 80j 30 35 bol (1) where, in the case of any assessee, the amount dedu uc- on 1n of his income by way of dividends included in hil jltoss total respect of income does not exceed five hundred rupees, there shall, in t!v1~~~ accordance with and subject to the provisions of this section, ca be deducted, in computing the total income of the assessee, the whole of the income by way of dividends from an indian company or indian companies included in the gross total income 40 (2) in a case where the assessee is entitled also to the deduction under section 80k, in relation to the whole or any part of the income by way of dividends referred to in subsection (1), the deduction under sub-section (1) shall be allowed in respect of such income as reduced by the deduction under section 8ok corporate divtaends 80m (1) where the gross total income of an assessee being a company includes any income by way of dividends received by it from a domestic company, there shall, in accordance with and subject to the provisions of this section, be allowed, in computing the total income of the assessee, a deduc- s tion from such income by way of dividends of an amount equal to-explanation-for the purposes of this section, a company shall be deemed to be mainly engaged in a priority industry if the income attributable to any such industry or industries included in its gross total income for the previous year is not 3s less than fifty-one per cent of such gross total income (2) where a company to which this section applies is entitled also to the deduction under section 80k or section bol, the deduction under sub-section (1) of this section shall be allowed in respect of income by way of dividends referred to therein 40 as reduced by any such income in relation to which the company is entitled to a deduction under section 80k or section 80l son where shares in a foreign company have been allotted to an assessee being an indian company in consideration 45 of any patent, invention, model, design, secret formula or process, or similar property right, or information concerning industrial, comm~rcial or scientific knowledge, experience of skill deduction in respect of dividends recelved from certain foreian companla 5 made available or provided or agreed to be made available or provided to the foreign company by the assessee, or in consideration of technical services rendered or agreed to be rendered to the foreign company by the assessee, under an agreement approved by the central government in this behalf before the 1st day of october of the relevant assessment year, and any income by way of dividend on such shares is included in the gross total income of the assessee, there shall be allowed a deduction from such income of an amount equal to sixty per cent thereof, in computing the total income of the assessee 10 20 800 where the gross total income of an assessee being an dedue-indian company includes any income by way of royalty, com- tion id mission, fees or any similar payment received by it from a ~~;oa1~ei~f foreign company in consideration for the use of any patent, etc recelvinvention, model, design, secret formula or process, or simi lar ~~rt~lr::n property right, or iniormation concermng industrial, commer- forelillnl cia! or scientldc knowledge, expenence or skill made avaljaole compa es or provided or agreed to be made available or provided to the foreign company by the assessee, or in consideration of technical services rendered or agreed to be rendered to the foreign company by the assessee, under an agreement approved by the 8';:!ntl'al government in this behalf bc10re the 1st day of octooer ·of the relevant assessment year, there shall be allowed a deductiun from such income of an amount equal to sixty per cent thereof, in computing the total income of the assessee 25 30 bop (1) where, 1il the case of an assessee being a co-opera- deductive society, the gross total income includes any income refer- tiod in red to in sub-section (2), there shall be deducted, in accordance i~~~~! ~~ with and subject to the pruvislons or thls section, the silffis co-operaspecified in sub-section (2), in computing the total income of ~~~~etie!l the assessee (2) the sums referred to in sub-section (1) shall be the following, namely:-(a) in the case of a co-operative society engaged in-35 (i) carrylllg on the business of banking or providing credit facilities to its members, or (ii) a cottage industry, or (iii) the marketing of the agricultural produce of its members, or (iv) the purchase of agricultural implements, seeds, live-stock or other articles intended for agriculture for the purpose of supplying them to its members, or ,(v) the processini, without the aid of power, of the agricultural produce of its members, the whole of the amount of profits and gains of business attributable to anyone or more of such activities; (b) in the case of a co-operative society, being a pri- 5 mary society engaged in supplying milk raised by its members to a federal milk co-operative society, the whole of the amount of profits and gains of such business; (c) in the case of a co-operative society engaged in activities other than those specified in clause (a) or clause 10 (b) [either independently of, or in addition to, all or any of the activities so specified], so much of its profits and gains attributable to such activities as does not exceed fifteen thousand rupees; (d) in respect of any income by way of interest or is dividends derived by the co-operative society from its investments with any other co-operative society, the whole of such income; (e) in respect of any income derived by the co-operative society from the letting of godowns or warehouses 20 for storage, processing or facilitating the marketing of commodities, the whole of such income; (1) in the case of a co-operative society, not being a housing society or an urban consumers' society or a society carrying on tralsport business or a society engaeed in the 2s performance of any manufacturing operations with the aid of power, where the gross total income does not exceed twenty thousand rupees, the amount of any income by way of interest on securities chargeable under section 18 or any income from house property chargeable under section 22 30 e:tplanation-for the purposes of thi& section, an "urban consumers' co-operative society" means a society for the benefit of the consumers within the limits of a municipal corporation, municipality, municipal committee, notified area committee, town area or cantonment 35 (3) in a case where the assessee is entitled also to the deduction under section 80h or section 8oj, the deduction under sub-section (1) of this section, in relation to the swill specified in clause (a) or clause (b) or clause (c) of sub-section (2), shall be allowed with reference to the income, if any, as referred to in those clauses included in the gross total income as reduced by the deductions under section soh and section boj 5 (4) nothing contained in this section shall apply to a cooperative society carrying on insurance business in respect of the profits and gains of that business computed in accordance with section 44 10 80q where the gross total income of an assessee who is a decluemember of a co-operative society includes any \deome by way of tlon in f dividends received by him from the society, the whole of such ~i~¥d~d' income shall be allowed as a deduction in computing his total from telo-- operl1 ve mcome society 15 20 sor where the gross total income of an individual who is deduca citizen of india includes any remuneration received by him ;~~~ic~ of outside india from any university or other educational insti- remunl'ra_ tution established outside india or such other association or ~~:lar~om body established outside india as may be notified in this behalf foreilln b h c g in h om ' i g sources in y t e entral overnment t e cla azette, for any the case of service rendered by him during his stay outside india in his professors, teachers capacity as a professor, teacher or research worker ill such etc i university, institution, association or body, there shall be allowed a deduction from such remuneration of an amount equal to fifty per cent thereof, in computing the total income of the individual: 25 30 provided that where the individual renders continuous service outside india in such university, institution, association or body for a period exceeding thirty-six months, no deduction under this section shall be allowed in respect of the remuneration for such service relating to any period after the expiry of the thirty-six months aforesaid 35 80s where the gross total income of an assessee not being dedue- 1 d b f t· tion in a company mc u es any income y way 0 compensa ion or respect of other payment which is chargeable as the profits and eains of ~~tit;~~r business or profession in accordance with the provisions of lr~~j~~clause (ii) of section 28, there shall be allowed, in computing ::~~~n, the total income of the assessee, a deduction from such income etc, inrthe case u of an amount equal to twenty-five per cent thereof, so, how- uls,sessehea o ler t an ever, that the amount of the deduction under this section shall com:-paruea not, in any case, exceed one hundred thousand rupees sot where the gross total income of an assessee not beins a company includes any income chargeable under the head "capital gains" relating to capital assets other than short-term capital assets (such income being, hereinafter, referred to as long-term capital gains), there shall be allowed, in computing s the total income of the assessee, a deduction from such income of an amount equal to,-deduction in respect of long-term capital gains in the case of assessees other than companies (a) in a case where the gross total income does not exceed ten thousand rupees or where the long-term capital gains do not exceed five thousand rupees, the whole of 10 such long-term capital gains; (b) in any other case, five thousand rupees as increased by a sum equal to-(i) forty per cent of the amount by which the long-term capital gains relating to capital assets, being is buildings or lands, or any rights in buildings or lands, exceed five thousand rupees; (ii) sixty per cent of the amount by which the long-term capital gains relating to any other capital assets exceed live thousand rupees: 20 provided that in a case where the long-term capital gains relate to buildings or lands, or any rights in buildlilgs or land:i, as well as to other assets, the sum referred to in sub-clause (ii) of clause (b) shall be taken to be-(a) where the amount of the long-term capital 25 gains relating to the capital assets mentioned in subclause (i) is less than five thousand rupees, sixty per cent of the amount by which the long-term capital gains relating to any other capital assets exceed the difterence between five thousand rupees 8ilcl the amount 30 of the long-term capital gains relating to the capital assets mentioned in sub-clause (i)j and (b) where the amount of the long-term capital gains relating to the capital assets mentioned in sub-clause (i) is equal to or more than five thousand rupees, sixty 3s per cent of the long-term capital gains relating to any other capital assets' 14 omit sections 81, 82, 83, 84, 85, 85a, 85b and 85c 15 chapter viil-(a) for "rebates al'm reliefs", substitute "ri:iiu in respect 40 of income-tax"; (b) omit '·a-rebate of income-tax", sectionj 87, 87a and 88, and "b-relief fot income-tax" 16 sectnon 104-in the explanation to sub-section (4), for "included in its total income for the relevant previous year", substitute "included in its gross total income for the relevant previous year" 17 section 109-s (a) for "for the purposes of sections 104, 105 and l07a", substitute "for the purposes of sections 104, 105 and 107a and this section"; (b) in clause (i),-(i) for "total income of a company", substitute "gross 10 total income of a company"; (ii) for sub-clause (e), substitute-"(e) any sum with reference to which a deduction is allowable to the company under the provisions of section bog;"; (iii) for sub-clause (d), substitute-is '(d) losses under the head "capital gains" relating to capital assets other than short-term capital assets;'; (iv) in sub-clause (h), for "included in the total income", substitute "included in the gross total income"; 20 (c) in clause (ii), for "total income", substitute "gross tjtal income"; (d) in clause (ha), for "total income", in both places, substitute "gross total income"; (e) in clause (iii), for "total income", in all places, substitute 25 "gross total income"; (f) after clause (iii), insert-·(it,) "gros!! total income" means the total income computed in accordance with the provisions of this act before making any deduction under chapter via' 30 18 chapter xii-(a) omit section 112; (b) in section 112a,-(i) in clause (b), omit "plus"; (ii) omit clause (c); 3s (iii) in explanation 2, for "sections 112, 114 and 193", 'substitute "section 193"; (c) omit section 114 19 section 197-for sub-section (3), substitute-"(3) where the: principal officer of a company considers that, by reason of the provisions of section sok, the whole or any portion of the dividend refer:red to in section 194 will be deduc- s tible in computing thli total income of the recipient, he may, before paying the dividend to the shareholder or issuing any cheque or wanant in respect thereof, i[lake an application to the income-tax officer to determine the appropriate proportion of the dividend to be deducted under the proviiions of section 10 sok; and on such determination by the income-tax officer no tax shall be deducted on such proportionate amount" 20 section 236-in explanation 2,-(a) for "the total income assessed for that year", substitute "the total income (as computed before making any deduction is under chapter via) assessed for that year"; (b) in clause (i), for "the said total income", substitute 'iits total income"; (c) for clause (iii), substitute-"(iii) an)' sum with reference to which a deduction is 20 allowable to the company under the provisions of section flog; and"; (d) in clause (a), for "total income", substitute "total income (as computed before making any deduction under chapter via)" 25 21 section 280b-in clause (1),-(a) in sub-c1au~e (b)(v), omit "and"; (b) after sub-clause (b) (vi), insert-"(vii) any income arising outside india in a country tb! laws of which prohibit or restrict the remittance of money 30 to india;" 22 section 280x-in the proviso to sub-section (1),-(i) in clause (a), for "seventy years", substitute "sixty years"; (ii) in clause (b), for "rupees", substitute "rupees; or"; (iii) after clause (b), insert-"(c) the annuity deposit required to be made does not exceed one hundred rupees; or (d) the deficiency does not exceed an amount equal to ten s per cent of the annuity deposit required to be made or one hundred rupees, whichever is higher" 23 section 295-1n clause (e) of sub-section (2), for "under clause (i) of sub-section (3) of section 87 or clause (i) of sub-section (4) of section 80a, as the case may be", substitute "under clause (i) of sub-10 section (4) of section 80c" 24 fourth schedule-1n rule 7 of part a, for "section 80a or as the case may be, to a deduction from the amount of income-tax with which he is chargeable on his total income of an amount of income-tax determined in accordance with section 87", substitute is "secticn soc" 25 fifth schedule-for "[see sections 33 (1) (iii) (c), 80e and 85a]", substitute "[see sections 33(1)(b)(b)(i) and 80b(7)]" 3tatement of objects and reasonsthe object of this bill is to give effect to the financial proposals of the central government for the financial year 1967-68 and to provide for certain connected matters opportunity has been taken to simplify and rationalise the provisions of the income-tax act and other pnactments with respect to direct taxes the notes on clauses explain the various provisions contained in the bill new delhi; morarji desai rhe 25th may, 1967 president's recommendation under articles 117 and 274 of the constitution of india[copy of letter no f4(2)-b/67, dated the 25th may, 1967 from shri morarji desai, deputy prime minister and minister of finance to the secretary, lok sabha] the president having been informed of the subject matter of the proposed bill, recommends under article 117 (1) and (3) read with article 274(1) of the constitution of india, the introduction of the finance (no2) bill, 1967 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 25th may, 1967 clause 2 prescribes the rates at which income-tax (including surcharges, where applicable) is to be charged on income liable to tax for the current assessment year 1967-68 it also prescribes the rates at which income-tax is to be deducted at source during the current financial year on incomes liable to such deduction under the incometax act, and the rates at which 'advance tax' is to be computed in relation to incomes on which such tax is to be paid during the current financial year rates of income-tax for the assessment year 1967-68-in respect of incomes of all categories of assessees (corporate as well as non-corporate) liable to tax for the current assessment year 1967-68, the rates of income-tax in clause 2 read with part i of the first schedule to the bill are the same as provided in the finance act, 1966, subject to certain modifications the main modification in the rates of income-tax in the finance act, 1966, in relation to the current assessment year 1967-68, is in respect of the rebates of income-tax granted with reference to exports in consequence of the devaluation of the rupee with effect from the 6th june, 1966, the bill provides that these rebates would be available only with reference to exports or sales to exporters made before the date of the devaluation, and not in relation to exports or sales to exporters made during the postdevaluation period the finance acts of earlier years, up to and inclusive of the finance act of 1966, provided for the levy of tax on 'salary' incomes at the rates prescribed by the finance act of the preceding assessment year such provision was made to secure that in cases where the assessee had only salary income and had paid income-tax thereon by deduction at source during the relevant financial year at the current rates of income-tax, no further demand of tax or a refund of tax might be necessitated on applying the higher or lower rates of tax prescribed by the finance act of the year in which such income fell due for assessment the bill provides for the levy of tax o'n the salary as well as non-salary income liable to tax lor the assessment year 1967-68, at the same rates of tax part ii of the first schedule prescribes the rates for deduction of tax at source during the financial year 1967-68 from interest on securities, other interest, dividends, fees or other remuneration for professional services, brokerage and commission, etc in the case of brokerage and commission payments to residents, the tax is to be deducted at source at the rate of 15 per cent in respect of dividends paid to a foreign company by a closely-held indian company mainly engaged in a priority industry, the rate of tax to be deducted at source is 14 per cent of the dividend, and in respect of dividends paid to a foreign company by any other domestic company, the rate is 28 per cent these rates represent the effective rates of tax, under the rate schedule in part iii of the first schedule, on such intercorporate dividends after ahowance of the deduction under the new section 80m in chapter via of the income-tax act, as sought to be replaced with effect from 1st april, 1968 by clause 33 of the bill read with item 13 of the third schedule in respect of all other payments, including payments to residents by way of interest other than interest on securities, or fees and other remuneration for professional services (which, together with brokerage and commission payments, are proposed to be brought within the scope of the provisions for deduction of tax at source by section 194a proposed to be inserted in the income-tax act by clause 30 of the bill), the rates for deduction of tdx at source in the bill are the same as in part ii of the first schedule to the finance act, 1966 as a step towards rationalising our tax system, the principle followed in the bill in regard to the rates of taxes is that any changes in the rates should apply prospectively only to current incomes which are liable to tax in the succeeding assessment year, and not retrospectively to incomes which arose in the past year part iii of the first schedule prescribes the rates for deduction of tax at source from 'salaries' and for the computation of 'advance tax' payable during the current financial year these rates are basically the same as are applicable for the levy of tax on income liable to tax for the assessment year 1967-68, subject to the under-mentioned provisions for granting certain reliefs (a) a resident individual (whether unmarried or married) whose total income does not exceed rs 10,000 and who incurs any expenditure towards maintenance of one or more of his parents or grand-parents mainly dependent on him \\;11 be entitled to a fixed allowance of rs 400 for the year; tax relief will be calculated on this amount at the rate of 5 per cent applicable to the initial slab of income (b) at, present, unearned incomes (exclusive of interest on securities and dividends on units of the unit trust of india, in the case of individuals and hindu undivided families) up to re 15,000 do not bear the unearned income surcharge the bill proposes to increase the limit up to which such unearned incomes do not bear surcharge from rs 15,000 to rs 30,000 unearned income in the slab of rs 30,001 to 50,000 and in the slab over rs 50,000 will continue to bear surcharge at the existing rate of 20 pe'r cent and 25 per cent" respectively, of the income-tax thereon (c) at present, widely-held domestic companies whose total income does not exceed rs 25,000 are chargeable to tax at the concessional rate of 45 per cent of their total income as against 55 per cent in the case of widely-held domestic companies whose total income exceeds rs, 25,000 the bill proposes to extend the concessional rate of 45 per cent to such companies whose total income does not exceed rs 50,000 cla'use 3 prescribe's the rates at which annuity deposits in respect of incomes liable to tax for the current assessment year 1967-68 and also in relation to current incomes liable to tax for the succeeding assessment year 1968-69 will be requirf'd to be made by individuals and hindu undivided families, unregistered firms and associations of persons under the provisions of chapter xxiia of the income-tax act these rates are the same as those under the finance act, 1966 clause 4 seeks to make certain amendments to section 2 of the income-tax act sub-cla1l<1e (a) seeks to insert a new clause (la) in section 2 of the income-tax act the new clause defines the term ·amalgamation' the propos~d definition is broadly on the lines of the existing definition of the term 'amalgamation' contained in the explanation to section 33 (3) of the incometax act, with certain modifications the proposed definition makes it clear that the term 'amalgamation' means the merger of one or more companies with an existing company as well as the merger of two or more companies to form a new company one of the conditions laid down in the existing definition, in the explanation to section 33 (3) is that shareholders holding not less than nine-tenths in value of the shares in the amalgamating company immediately before the amalgamation should become shareholders of the amalgamated company by virtue of the amalgamation this condition had the effect of excluding from the scope of the definition a cas of amalgamation where a company a holds more than 10 p"r cent of the shares in anether company b, and company b amalgamates with company a the proposed new definition, makes it clear that in computing the 9/10ths in value of the shares for the purposes of tbis provision, shares held immediately before the amalgamation by, or by a nominee for, the amalgamated company or its subsidiary will be excluded consequently, the specific provision in the existing definition in the explanation to section 33 (3) tha1' amalgamation would include the merger of a subsidiary company in the holding company where the whole of the share capital of the subsidiary company is held by the holding company or its nominee, which has become superfluous, has been omitted in the new definition sub-clause (b) seeks to insert a new clause (37a) in section 2 of the income-tax act clause (37a) defines the expression 'rate or rates in force' and 'rates in force' in relation to an assessment year or financial year for the purposes of calculating or computing income-tax to be charged, or deducted at source or paid as 'advance tax', under the different provisions of the income-tax act, to mean the rate or rates of income-tax specified in this behalf in the finance act of the relevant year sub-clause (c) seeks to amend clause (42a) of section 2 of the income-tax act the amendment proposed to be made by sub-clause (c)(i) is consequential to the amendment of section 49 by clause 20 of the bill sub-clause (c)(ii) seeks to insert a new sub-clause (c) in clause (42a) of section 2 the effect of this new sub-clause will be that in determining the period for which the assessee has held a capital asset being a share or shares in an indian company which became his property, in a scheme of amalgamation, the period for which the share or shares in the amalgamating company were held by him will also be included clause 5 seeks to amend clause (27) of section 10 of the incometax act the effect of this amendment will be that the exemption from tax in respect of income derived from a business of live-stock breeding or poultry or dairy farming, which was hitherto available in relation to the assessment years 1965-66, 1966-67 and 1967-68, will now continue on an indefinite basis clause 6 seekr, to amend sub-section (2) of section 23 of the income-tax act the effect of this amendment will be that the annual value of a property which is in the occupation of the owner for the purposes of his own residence will be limited to ten per cent of the assessee's other income (ie, all his income other than the income attri~utable to such self-occupied property) as computed before allowing the deductions under chapter via of the income-tax act and the deduction for annuity deposit clause 1 seeks to amend section 29 of the income-tax act this amendment is consequential to the proposed insertion of new section 43a in the income-tax act by clause 17 of the bill clause 8 seeks to amend clause (2) of the explanation to clause (iii) of sub-section (1) of section 32 of the income-tax act the effect of this amendment will be that the transfer, in a scheme of amalgamation, of any capital asset by the amalgamating company to the amalgamated company which i!'i an indian company, will not be regarded as a sale for the purpose of section 32(1)(iii) relating to the grant of a 'terminal allowance', or the provisions of subsection (2) or sub-section (3) of section 41 of the income-tax act relating to the levy of a 'balancing charge' clause 9 seeks to substitute sub-section (3) of section 33 of the income-tax act by a new sub-section the substituted sub-section is substantially the same as the existing sub-section, except for a few verbal and drafting changes which are consequential to the insertion of a new definition of 'amalgamation' in section 2 of the: income-tax act by clause 4(a) of the bill clause 10 seeks to substitute sub-section (5) of section 33a of the income-tax act by a new sub-section the substituted subsection makes only a few verbal and drafting changes in the existing provisions of sub-section (5), which are consequential to the insertion of a new definition of 'amalgamation' in section 2 of the income-tax act by clause 4(a) of the bill clause 11 seeks to insert a new section 33b in the income-tax act the effect of the proposed new section will be that where the business of any industrial undertaking (which manufactures or produces articles) carried on by the assessee in india is discontinued in any previous year because of extensive damage to, or destruction of, any building, machinery, plant or furniture owned by the assessee and used for tne purposes of such business, as a direct result of any of the specified circumstances, and within a period of three years from the end of that previous year the business is reestablished, reconstructed or revived by the assessee, he shall become eligibl~ for a deduction by way of 'rehabilitation allowance' of an amount equal to sixty per cent of the amount of the 'terminal allowance' due to him under section 32(1)(iii) of the income-tax act, in respect of the building, machinery, plant or furniture which is so damaged or destroyed the deduction will be allowed in computfni his profits and gains of the previous year in which the business is re-established, reconstructed or revived the specified circumstances referred to above are-(i) flood, typhoon, hurricane, cyclone, earth-quake or other convulsion of nature; or (ii) riot or civil disturbance; or (iii) accidental fire or explosion; or (iv) action by an enemy or action taken in combating an enemy (whether with or without a declaration of war) clause 12 seeks to substitute the explanation to' clause (i) of sub-section (2) of section 34 by a new explanation this amendment is consequential to the amendment proposed to be made in section 47 of the income-tax act by clause 19 of the bill the effect of this amendment will be that where a capital asset is transferred by a company to another company (which is an indian company) in a scheme of amalgamation, then, in determining whether the aggregate of all deductions in respect of depreciation exceeds the actual cost of the capital asset to the assessee, depreciation allowed in respect of the transferred asset to the amalgamating company will also be taken into account clause 13 seeks to insert a new sub-section (5) in section 35 of the income-tax act the effect of this amendment will be that where, in a scheme of amalgamation, the amalgamating company sells or otherwise transfers to the amalgamated company (which is an indian company) any asset representing expenditure of a capital nature on scientific research, the amalgamating company will not be allowed any deduction under section 35(2)(ii) or 35(2)(iii) of the income-tax act on account of any deficiency arising on the transfer the provisions of section 35 will, however, continue to apply to the amalgamated company as they would have applied to the amalgamating company if the latter had not so sold or otherwise transferred the asset clause 14 seeks to insert a new sub-section (6) in section 35a of the income-tax act the effect of this amendment will be that where, in a scheme of amalgamation, patent rights or copyrights referred to in section 35a are sold or otherwise transferred by the amalgamating company to the amalgamated company which is an indian company, the provisions of section 35a (3) relating to the grant of 'terminal allowance' and the provisions of section 35a( 4) relating to the, 'balancing charge' will not apply to the amalgamating company the provisions of the said section 35a will, however, continue to apply to the amalgamated company as they would have applied to the amalgamating company if the latter had not sold or otherwise transferred the rights clause 15 seeks to amend clause (ix) of sub-section (i) of section 36 of the income-tax act this amendment is consequential to the amendment proposed to be made in section 35 of the income-tax act by clause 13 of the bill clause 16 seeks to amend section 43 of the income-tax actsub-clause (i) seeks to insert a new explanation 7 in clause (1) of section 43 the effect of this explanation will be that where, in a schem£· of amalgamation, any capital asset is transferred by the amalgamating company to the amalgamated company which is an indian company, the 'actual cost' of the transferred capital asset to the amalgamated company will be taken at the same amount as would have been taken in the case of the amalgamating company had it continued to hold the capital asset for the purposes of its business sub-clause (ii) seeks to insert a new explanation 2a in clause (6) of section 43 the effect of this explanation will be that where, in a scheme of amalgamation, any capital asset is transferred by the amalgamating company to the amalgamated comp:my which is an indian company, the 'written down value' of the transferred capital asset to the amalgamated company will be taken at the same amoun t as would have been taken in the case of the amalgamating company had it continued to hold the asset for the purposes of its own busine3s clause 1i' seeks to insert a new section 43a in the income-tax act the proposed section 43a, in substance, secures that where an assessee had acquired any capital asset from a country outside indi, for the purposes of his business e>r profession on deferred payment terms or against a foreign loan, before the date of devaluation of the rupee, the additional rupee liability incurred by him in meeting the instalments of the cost of the asset or of the foreign loan, as the case may be, falling due for payment after the date of devaluation, will be allowed to be added to the original actual cost of the asset for the purpose of calculating the allowance on account of depreciation in computing the profits for the assessment year 1967-68 and subsequent assessment years similar increase in the original actual cost will be allowed to be made in respect of capital assets acquired by the assessee to be used in scientific research related to the class of business carried on by him or patent rights or copyrights acquired from abruact or any capital asset acquired by a company for the purpose of promoting family planning amongst its employees further, in computing the capital gains arising to the assessee on the sale or transfer of a capital asset acquired by him from abroad on deferred payment terms or against a foreign loan, the additional rupee liability incurred by him in repaying the instalments of the cost or the foreign loan, as the case may be, after the date of devaluation of the rupee, will be added to the original actual cost of the asset the proposed section also secures that where there is a dec-rease in the rupee liability of the assessee in respect of assets acq!-lired by him from abroad due to a change in the exchange value of the rupee, the original actual cost of the asset, will be correspondingly reduced the additional rupee liability incurred on imported capital assets or, as the case may be, any decrease in such liability, in the circumstances stated in thfl earlier paragraph will not, however, be taken into account in computing the actual cost of the asset for the purpose of deduction on account of development rebate clau-se 18 seeks to amend section 44 of the income-tax act this amendment is consequential to the proposed insertion of new section 43a in the income-tax act by clause 17 of the bill clause 19 seeks to amend section 47 of the income-tax act by the insertion of two new clauses, namely, clause (vi) and clause (vii) the effect of the new clause (vi) will be that no capital gain or loss will be computed with reference to the transfer of a capital asset, in a scheme of amalgamation, by the amalgamating company to the amalgamated company which is an indian company clause (vii) similarly seeks to secure that no capital gain or loss will be computed with reference to the transfer, by a shareholder, in a scheme of amalgamation, of a share or shares held by him in the amalgamating company, in consideration of the allotment to him of any share or shares in the amalgamated company which is an indian company clause 20 seeks to amend section 49 of the income-tax act these amendments are consequential to the amendment proposed to be made in section 47 of the income-tax act by clause 19 of the bill the amendment made by sub-clause (i)(a) seeks to secure that where, in a scheme of amalgamation, any capital asset is transferred by the amalgamating company to the amalgamated company which is an indian company, the cost of acquisition to the amalgamated company of the assets so transferred shall be deemed to be the cost for which these assets were acquired by the amalgamating company the amendment made by sub-clause (i)(b) is 0_ 4 consequential nature the amendment made by sub-clause (ii) seeks to secure that where the capital asset, being a share or shares in an amalgamated company which is an indian company, became the property of the assessee in consideration of the transfer of a share or shares held by him in the amalgamating company, in a scheme of amalgamation, the cost of acquisition to him of the shares in the amalgamated company shall be taken to be the cost of acquisition to him of the share or shares in the amalgamating company clause 21 seeks to amend section 55 of the income-tax act these amendments are consequential to the amendments proposed to be made in section 49 by clause 20 of the bill clause 22 seeks to amend section 72 of the income-tax act sub-clause (i) seeks to add a proviso to sub-section (1) of section 72 this enables the carry-forward and set oft of any loss sustained in the business of an industria1' undertaking carried on by the assessee in india, which after its discontinuance in the circumstances specified in section 33b (proposed to be inserted in the income-tax act bv clause 11 of the bill) is reestablished, reconstructf'd or revived by the assessee within the three-year pf'riod referred tl!l in that section such loss will be carried forward to the assf'ssmf'nt year relevant to the previouli year in which the business is so re-established reconstructed or revived and set off a~ainst thc:> profits and ~ajns of the assessee from that business or any other business carried on by him in that year and so on for a period of seven years next following, subject to the condition that the re-established reconstructed or revived business continues to be carried (in by the assessee sub-clause (ii) seeks to amend sub-section (3) of section 72 this amendment is conc;equf'ntial to the amendment proposed to be made by sub-clause (i) above clause 23 seeks to introduce, with effect from 1st april, 1966, a new section 80f in chapter via of the income-tax act the eftect of the proposed section 80f will be that in the case of a resident individual, who is a citizen of india and who receives remuneration from any foreign university or other educational institution or such other forei~n association or body as may be notified in this behalf by the central government in the official gazette, for renderiilg service outside india as a professor teacher or research worker in such university, institution, association or body, a deduction will be allowed in an amount equal to fifty per cent of such remuneration in computing his total income however, if the individual renders continuous service outside india in such university, institution, association or body for a period exceeding 36 months, he will not be entitled to the above-mentioned deduction in respect of his foreign remuneration for such service relating to any period after the expiry of the aforesaid 36 months clause 24 seeks to amend section 84 of the income-tax actsub-czause (a) seeks to substitute, with retrospective effect, sub-section (1) of that section the effect of the substituted sub-section will be that the 'tax holiday' under section 84 of the income-tax act, in the case of newly established industrial uudertakings and hotels (owned by companies), on the profits and gains up to six per cent per annum of the average capital employed in the undertaking or the hotel, will bi extended to profits and gains derived by an indian company from the plying of ships sub-clause (b)(i) seeks to substitute, retrospectively, clause (iii) of sub-section (2) of section 84 of the income-tax act the effect of the substituted provision will be that an industrial undertaking operating a cold storage plant in india will also be entitled to the 'tax holiday' under section 84 the amendment proposed to be made by sub-clause (b)(ii) is consequential to the amendment proposed to be made by sub-clause (b)(i) sub-clause (b)(iii) seeks to insert a proviso to sub-section (2) of section 84 'l'he effect of the proviso will be that an industrial undertaking which is formed as a result of the re-establishment, reconstruction or revival by the assessee of the business of any such industrial undertaking as is referred to in the proposed section 33b, in the circumstances and within the period specified in that section, will not be disentitled to the 'tax holiday' under section 84 by reason merely of the fact that such undertaking is fonned by the splitting up, or reconstruction of a business, which was formerly in existence sub-clause (c) seeks to substitute sub-section (3) of section 84 by a new sub-section the sub-section as substituted omits the existing condition that the hotel building should be owned by the indian company in order to be eligible for the 'tax holiday' concession further, an indian company running the business of a hotel will be eligible for the 'tax holiday' even in a case where the hotel premises were, before their transfer to the company, used for any purpose other than as premises for running a hotel sub-clause (d) seeks to insert a new sub-section (3a) in section 84 the proposed sub-section lays down various conditions which have to be fulfilled before the profits and gains derived by an indian company from the plying of a ship or ships can qualify for the tax concession under this section these conditions are that-(a) the ship should be owned by an indian company and wholly used by it for the purposes of its business; (b) the ship, previous to the date of its acquisition by the indian company, should not have been owned and used in indian territorial waters by a person resident in india; and (c) the ship should have been brought into use by the indian company at any time within a period of twentythree years next following 1st april, 1948 the amendment pcoposed to be made by sub-clause (e) is consequential to the amendment proposed to be made by subclause (a) of this clause the amendment proposed 'to be made by sub-clause (f) is consequential to the amendment proposed to be made by subclause (b)(i) of this clause the amendment proposed to be made by sub-clause (g) is of a drafting nature sub-clause (h) seeks to insert a new sub-section, namely, sub-section (9) in section 84 the proposed sub-section seeks to provide that in relation to a ship, the provisions of section 84 shall apply to the assessment for the assessment year relevant to the previous year in which the ship is brought into use by the indian company and the four assessment years next following clause 25 seeks to amend section 85 of the income-tax act with retrospective effect this amendment is consequential to the extension of the 'tax holiday' provisions of section 84 of the income-tax act to profits and gains derived from the plying of a ship, by clause 24 of the bill the effect of this amendment will be that dividends from an indian company which are attributable to its profits and gains derived from the plying of a ship, which are exempt from tax under the provisions of section 84, will be exempt from tax in the hands of the shareholders clause 26 seeks to amend section 88 of the income-tax act the effect of this amendment will be that donations to the prime minister's drought relief fund will be eligible for rebate of tax without the operation of the ordinary ceiling limit over the qualifying amount, applicable to other charitable donations, namely, ten per cent of the total income of the donor or rs 2 lakhs, whichever is less clause 27 seeks to make certain amendments in chapter xiii of the income-tax act with a view to facilitating the organisation of work in the income-tax department on functional basis sub-clause (1) seeks to substitute a new sub-section for the existing sub-section (2) of section 121 of the income-tax act the new sub-section (2) empowers the board, by general or special order in writing to distribute and allocate the work on functional basis among two or more commissioners of incometax having concurrent jurisdiction over the same area or the same persons or classes of persons or the same incomes or classes of income 01' the same cases or classes of cases sub-clause (2) seeks to substitute a new section for section 123 of the income-tax act under section 123 as substituted, it will be open to the commissioner, by general or special order in writing, to distribute and allocate the work on functional basis among two or more inspecting assistant commissioners having concurrent jurisdiction over the same area or the same persons or classes of persons or the same incomes or classes of income or the same cases -or classes of cases sub-clause (3) seeks to amend section 124 of the income-tax act sub-clause (3)(i) seeks to substitute new sub-sections for the existing sub-sections (1) and (2) of section 124 under subsections (1) and (2), as substituted, it will be open to the commissioner or the inspecting assistant commissioner authorised by him in this behalf, by general or special order in writing, to distribute and allocate the work on functional basis amongst two or more income-tax officers having concurrent jurisdiction over the same area or the same persons or classes of persons or the same incomes or classes of income or the same cases or classes of cases the amendment made by sub-clause (3)(it) is consequential to the proposed insertion of new section 130a in the income-tax act by sub-clause (7) sub-clause (4) seeks to substitute a new section for section 125 of the income-tax act under section 125, as substituted, it will be open to the commissioner of income-tax to direct, by general or special order, that specific functions vested in the income-tax oftlcer by or under the income-tax act shall be performed by an inspector of income-tax or any member of the ministerial staff subordinate to the commissioner or other lower income-tax authorities, in respect of any specified area, case or class of cases, person or class of persons or class of incomes, subject to such conditions, restrictions or limitations as may be 'specifted by him in the order however, the commissioner may not assign to the inspector of income-tax or any member of the ministerial staff certain important functions of the income-tax oftlcer such as the function of summoning and examining witnesses, making searches and seizures, making of assessments, re-opening of assessments in cases of escapement of income, issue of recovery certificates, distress warrants or garnishee orders, levy of penalty, etc, unless the board, by general or special order, authorises him to do so sub-clause (5) seeks to substitute a new section for section 127 of the income-tax act under section 127, as substituted, the commissioner or the board may transfer any case from any income-tax officer or income-tax officers to any other incometax officer or income-tax officers after following the procedure laid down in this behalf under the existing law the section further provides that where any case has been so transferred to two or more income-tax officers, the board or the commissioner or any inspecting assistant commissioner authorised by him in this behalf, may, by general or special order in writing, distribute and allocate the work in such a case on functional basis among the income-tax officers to whom the case has been transferred sub-clause (6) seeks to substitute a new section for section 128 of the income-tax act section 128, as substituted, provides that inspectors of income-tax shall perform such functions in the execution of the income-tax act as are assigned to them by the commissioner by an order made under section 125(1) (b) [as proposed to be substituteq by sub-clause (4)] or otherwise or by any other income-tax authority under whom they are appointed to work sub-clause (7) seeks to insert a new section 130a at the end of chapter xiti-b of the income-tax act the new section 130a provides that in a case where two or more income-ta1 officers have concurrent jurisdiction over an assessee, the income-tax officer to whom a particular function or function have been assigned by the board or, as the case may be, thl: commissioner or inspecting assistant commissioner, shall be the income-tax officer empowered to perform such function or functions in relation to that assessee clause 28 seeks to amend sub-section (1) of section 138 of the income-tax act under sub-section (1), as amended, it will be open to the board or any other income-tax authority spe'cified by it by a general or special order in this behalf to furnish or cause to be furnished information relating to any assessee in respect of any assessment made unde'r the income-tax act (or the indian income-tax act, 1922) to any officer, authority or body performing any functions under any law relatini to the imposition of any tax, duty or cess or to dealings in foreign exchange where the board or other income-tax authority considers such information necessary for the purpose of enabling the officer, authority or body to perform his or its functions under that law it will also be open to the central government to notify any officer, authority or body performing functions under any other law, and on such notification, the board or any other income-tax authority may furnish or cause to be furnished similar information relating to any assessee to the officer, authority or body so notified clause 29 seeks to amend sub-section (4) of section 172 of the income-tax act this amendment is consequential to the proposed insertion of new clause (37a) in section 2 of the income-tax act by clause 4~b) of the bill czause 30 seeks to make certain amendments in chapter xvii of the income-tax act sub-clause (1) seeks to omit the explanation to section 193 of the income-tax act this amendment is consequential to the proposed insertion of new clause (37 a) in section 2 of the income-tax act by clause 4 (b) of the bill sub-clause (2) seeks to insert a new section 194a in the income-tax act under the proposed section 194a, every person, other than an individual or a hindu undivided family, who is responsible for paying to a resident any income by way of brokerage or commission, or fees or other remuneration for professional services, or interest, other than 'interest on securities' will be required to deduct therefrom income-tax at the 'rates in force' the deduction of tax will have to be made at the time of the credit of such income to the account of, or the payment thereof (by whatever mode) to, the person entitled to lieceive such income, whichever is earlier however, deduction of tax will not be required to be made in a case where the person (not being a company or a regist~red firm) entitled to receive such income furnishes an affidavit (to the person responsible for paying the income) declanng that hi3 total income for the assessment year next following the financial year in which the income is credited or paid will be less than the minimum amount liable tt' tax in his case further, no deduction of tax will be required to be made under the provisions of this section if the income is credited or paid before 1st october, 1967 or if the amount of income credited or paid <it anyone time does not exceed, in the case of income by way of b~okerage or commission, the sum of five hundred rupees, and in any other case, the sum of two hundred ruj?ees sub-clause (3) seeks to replace section 196 of the income-tax act by a new section under the section as replaced, no deduction of tax will be required to be made by any person from any sums by way of interest on securities or dividends on shares or any other income payable to a corporation established by or under a central act which is, under any law for the time being ip force, exempt from income-tax on its income, where such corporation is the owner of the securities or shares or has full beneficial interest therein under the existing section 196, similar exemption from deduction of tax at source operates in respect of sums payable to the government or the reserv& bank of india sub-clause (4) seeks to amend section 197 of the income-tax act this amendment is consequential to the amendment sought to be made bv sub-clause (2t sub-clause (5) seeks to amend sections 198, 199, 200, 202 and 205 of the income-tax act these amendments are consequential to the amendment sought to be made by sub-clause (2) sub-clause (6) seeks to substitute section 20$3 of the incometax act by a new section this amendment is consequential to' the amendment sought to be made by sub-clause (2), sub-clause (7) seeks to amend section 204 of the income-tax act this amendment is consequential to the amendment sought to be made by sub-clause (2) the effect of the amendments made by sub-clauses (4), (5), (6) and (7) will be that the existing provisions of the law relating to the duties and liabilities of persons responsible for deducting tax at source from payments by way of interest on se'curities, dividends, etc as well as the penalties attaching for default in these duties and liabilities will be made applicable mutatis mutandis to persons responsible for deducting tax at source from payments by way of brokerage or commission, fees or remuneration for professional services or interest other than interest on securities, under the new section 194a proposed to be inserted in the income-tax act by sub-clause (2), sub-clause (8) seeks to insert a new section 206a in the income-tax act the proposed section 206a seeks to provide' that every person responsible for paying any income referred to in ,section 194a, sought to be inserted in the income-tax act by subclause (2), shall, within thirty days of the end of each financial year, furnish in the prescribed form and verified in the prescribed manner a return showing the name and address of every person who has furnished to him an affidavit under the proviso to the aforesaid section 194a(1), the amount of the income credited or paid during the financial year to each such person, the time or times at which the same was paid or credited, and such other particulars as may be prescribed clause 31 seeks to amend sections 209 and 215 of the income-tax act these amendments are consequential to the proposed insertion ()f section 194a in the income-tax act by clause 30(2) of the bill clattse 3r seeks to amend the first schedule to the income-tax act this amendment is consequential to the proposed insertion of new section 43a in the income-tax act by clause 17 of the bill clause 33 seeks to make some further amendments, specified in the third schedule, in the income-tax act with effect from the 1st april, 1968 item 1 of the third schedule seeks to insert a new clause (29) in section 10 of the income-tax: act the new clause seeks to exi!mpt from tax: an authority constituted under any law for the time being in force for the marketing of commodities in respect of any income derived by such authority from the letting of godowns or warehouses for storage, processing or facilitating the marketing of commodities this provision replaces the existing provision in section 83 of the income-tax act which, in consequence, is sought to be omitted from the income-tax act by item 14 of this schedule item 2 of the third schedule seeks to amend section 32 of the income-tax act clause (a) seeks to insert a new clause (v) in sub-section (1) of section 32 the new clause provides for the grant of an 'initial' depreciation allowance, in a sum equal to twenty-five per cent of the actual cost of construction of a new building (the erection of which is completed after 31st march, 1967) to an indian company, in a case where such building is used by the company as premises for running a hotel, and the hotel is for the time being approved in this behalf by the central government the deduction will be allowed in respect of the previous year in which the erection of the building is completed or, if the building is first put to use in the immediately succeeding previous year, then, in respect of that previous year the 'initial' depreciation will not be deducted in determining the written down value of the building for the grant of the normal depreciation allowance under section 32 (1) (if); the initial depreciation will, however, be taken into account for the purposes of the other provisions of the income-tax act clause (b) seeks to amend sub-section (2) of section 32 of the income-tax: act this amendment is consequential to the amendment proposed to be made by clause (a) of this item item 3 of the third schedule seeks to amend section 33 of the income-tax act clause (a) seeks to substitute sub-section (1) of section 33 by a new sub-section the new sub-section (1) omits references to certain dates of acquisition of a ship or the installation of any machinery or plant, which have no relevance for the assessment year 1968-69 and subsequent assessment years; the provisions of the substituted sub-section have also been re-drafted so as to make them more easily comprehensible the substantive change in the new sub-section consists in the grant of development rebate at the higher rates applicable to machinery or plant installed in a priority industry, to machinery or plant installed after 31st march, 1967 by an indian company in premises used by it as a hotel, where the hotel is for the time being approved in this behalf by the central government, and to machinery or plant installed by any assessee after the aforesaid date, being an asset representing expenditure of a capital nature on scientific research related to the business carried on by the assessee the higher rates of development rebate in respect of the machinery or plant mentioned above are thirty-five per cent of the actual cost of the machinery or plant to the assessee, where it is installed before 1st april, 1970 and twentyfive per cent of such cost, where it is installed after 31st march, 1970 clause (bi seeks to amend sub-section (2) of section 33 of the income-tax act this amendment is consequential to the proposed 'substitution of the existing chapter via of the income-tax act by 8 new chapter via by item 13 clause (c) seeks to amend sub-section (6) of section 33 the -effect of this amendment will be that the prohibition against the grant of development rebate in respect of machinery or plant installed after 31st march, 1965 in any office premises or in any resi--dential accommodation, including guest houses, will not operate in respect of any machinery or plant installed after 31st march, 1967 by an indian company carrying on business as a hotelier in premises used by it as a hotel, where the hotel is for the time being approvec:i in this behalf by the central government item 4 of the third schedule seeks to amend sub-section (2) ,of section 33a of the income-tax act this amendment is consequential to the substitution of the existing chapter via of the income-tax act by a new chapter via by item 13 item 5 of the third schedule seeks to make certain amendments in sub-section (2) of section 35 of the income-tax act clause (i) seeks to substitute the existing clause (i) of the saidi sub-section (2) by two new clauses, namely, clause (i) and clause' (ia) under the new clause (i), capital expenditure on scientific' research related to the class of business carried on by the assessee' which is incurred before the 1st april, 1967 will be allowed to be deducted over a period of five years, as under the existing law thenew clause (ia) provides that where such expenditure is incurred after the 31st march, 1967, the whole of such expenditure will be allowed as a deduction in the previous year in which such expenditure has been incurred the amendments made by clauses (ii) and (iii) are consequential to the amendment made by clause (i) item 6 of the third schedule seeks to amend clause (viii) of sub-section (1) of section 36 of the income-tax act this amendment is consequential to the substitution of the existing chapter vi ~ of the act by a new chapter via by item 13 item 7 of the third schedule seeks to amend sub-section (3) of section 41 of the income-tax act this amendment is consequential to the amendment proposed to be made in section 35 of the incljmetax act by item 5 item 8 of th~ third schedule seeks to substitute a new proviso for the existing proviso to clause (1) of section 43 of the incometax act under the proviso as substituted, the 'actual cost' of a motor car, for the purpose of calculating depreciation allowance, will not be limited to rs 25,000, as under the existing law, where the motor car is acquired after 31st march, 1967, and is used in a business of running it on hire as a tourist-taxi item 9 of the third schedule seeks to amend section 66 of the income-tax act this amendment is consequential to the proposed omission of sections 87, 87a and 88 of the act by item 15 item 10 of the third schedule seeks to substitute sub-section (2) of section 71 of the income-tax act by two new sub-sections the effect of the new sub-section (2) will be that any loss sustained by the assessee under any head of income other than 'capital gains', which under the existing provisions of the act cannot be set off against his income chargeable under the head 'capital gains' except if the assessee so desires, will be set off against his income relating to capital gains from short-term capital assets the effect of the new sub-section (3) will be that any loss sus- -tained by the assessee from the transfer of any short-term capital' asset, which under the existing provisions of the law cannot be set ,off against his ordinary income, will be set off against such income 'the effed of these two provisions will be that, for the purposes of ::->et off of loss under one head against income under another, capital gains relating to short-term capital assets will be treated on par with ordinary income item 11 of the third schedule seeks to amend section 72 of the income-ta"'{ act this amendment is consequential to the amend--ment proposed to be made in section 71 of the act by item 10 item 12 of the third schedule seeks to amend section 74 of the :iincome-tax act this amendment is consequential to the amendment proposed to be made in section 71 of the income-tax act by :item 10 item 13 of the third schedule seeks to substitute 8 new chapter for chapt~r via of the income-tax act the new chapter via -seeks, linter alia, to replace the existing provisions for grant of full ·or partial rebate of tax at the average rate of tax or charging of tax at a concessional rate on certain items of income or payments, -contained in chapter vii, chapter viii and chapter xii of the 'income-tax act, by provisions for allowing a straight deduction of --the whole or a specified percentage of the amount qualifying for ·the rebate or concessional rate of tax, in computing the total in- come the provisions of sections 80a to soe of the existing chap-·ter via also find a place in the new chapter with certain modi fica-- tions the new chapter via also incorporates certain new provi-<sions new section 80a lays down certain ~eneral principles which · are relevant for the purposes of the deductions to be allowed in -computing the total income under new sections boc to bot in particular, section boa(2) limits the aggregate of these deductions ·to the gross total income of the assessee, ie, the total income as -computed under the provisions of the income-tax act before ·makbg any deduction under chapter via or for annuity deposit under section 2800 of that act and without applying the provisions of section 64 of that act section 80a(3) provides that "where a deduction has been allowed under new section 80g or soh or soj or sdk or sol or 80s or 80t in computinli( the total income · of a firm, association of persons or body of individuals, no deduction under the same section shall be allowed in computing the total income of a partner of the firm or a member of the association or 'body, in relation ·to his share in the income of the firm, association -or body new section sob contains definitions of certain terms used in ··this chapter new section aoc, relating to deductions in respect of life insurance premia, contributions to provident fund, etc, corresponds to the existing section aoa of the income-tax act, except for certain verbal or drafting changes and an increase in the limits of the· amount qualifying for the deduction under that section the new limits will be 30 per cent of the gross total income or rs 15,000, whichever is less, in the case of an individual, and 30 per cent of the gross total income or rs 30,000, whichever is less in the cas~ of a hindu undivided family new section aod, relating to deduction in respect of medical treatment of handicapped dependants, corresponds to the existing section sob of the income-tax act, except for certain verbal or drafting changes new section aoe, relating to deduction in respect of payments for securing retirement annuities, corresponds to the existing section soc of the income-tax act, except for certain verbal or drafting changes new section aof provides for the deduction of a specified amount in the computation of the total income in the case of a resident individual who is not a citizen of india, where such individual has incurred out of his income chargeable to tax any expenditure on the full time education of a child of 21 years or under, dependent on him, in a university, college or school or other educational institution outside india the specified amounts are rs 1,500 for each such child subject to a maximum amount of rs 3,000 in respect of two or more such children this provision replaces the existing provision in section 87 a of the income-tax act which, in consequence, is sought to be omitted by item 15 new section 80g seeks to replace the existing section 88 of the income-tax act the new· section provides for a straight deduction of 50 per cent of the qualiiying amount of donations in computing the total income of all categories of tax payers in other respects, the provisions of the new section correspond to the provisions of the existing section 88 (as sought to be amended by clause 26 of the bill), which, in consequence, is sought to be omitted by item 15 new section soh provides that in computing the total income of any assessee whose 'gross total income' includes any profits and gains derived from a new industrial undertaking which satisfies all the conditions laid down in that section, a deduction will be allowed of a sum equal to fifty per cent of the amount of such profits and gains, subject to a monetary ceiling over the deduction, of rs llakh this deduction will be allowed in respect of the assessment year relevant to the previous year in which the undertaking begins to manufacture or produce articles, and the nine assessment years immediately succeeding the deduction under this section will be available in respect of the profits and gains of a new industrial undertaking which fulfils all the following conditions, namely:-(i) it is not formed by the splitting up or reconstruction of a business already in existence; (ii) it is not formed by the transfer to a new business of a building, machinery or plant previously used for any purpose; (iii) it has begun or begins to manufacture or produce articles in any part of india at any time within the period of three years next following the 1st april, 1967; (iv) it employs, on every working day throughout the previous year, fifty or more workers in a manufacturing process (whether carried on with or without the aid of power); (v) it employs displaced persons or repatriates or members of the families of displaced persons or repatriates, and the daily average number of such employees, as certified by the prescribed authority, is not less than sixty per cent of the daily average of all the persons employed in the undertaking throughout the previous year in computing the daily average number of employees who are displaced persons or repatriates or members of the families of displaced persons or repatriates, any such employee who had completed the age of forty years at the time of his first employment in the undertaking will not be taken into account the expressions 'displaced person' and 'repatriate' have been defined in clause (1) and clause (9), respectively, of new section 80b the expression 'member of the family' in this section means any member of the family of a person who, before his employment in th~ undertaking, was dependent on such person new section 801 relating to deduction in respect of profits and gains from priority industries in the case of certain companies se~ks to replace the existing section 80e of the income-tax act the only change of a substantive character which has been made in the new section consists in the extension of the concession available under the existing section 80e to profits and gains derived from the business of a hotel carried on by an indian company in a case where such hotel is for the time being approved in this behalf by the central government new section 80j seeks to replace section 84 of the income-tax act as proposed to be amended by clause 24 of the bill under section 80j, where the gross total income of an assessee includes any profits and gains from an industrial undertaking or ship or the business of a hotd to which this section applies, the profits and gains of :;uch industrial undertaking or ship or the business of the hotel up to 6 per cent per annum of the capital employed therein will be allowed as a straight deduction in computing the total income of the assessee under the provisions of section 84, such income qualifies for a rebate of tax at the average rate of tax applicable to the total income of the assessee section 80j further provides for the carry-forward of any deficiency in the 'tax holiday' benefit from the assessment year 1967-68 onwards to the subsequent assessment years for being allowed as a straight deduction in computing the total income of the assessee for such subsequent assessment years such carry-forward is to be allowed up to the eighth assessment year commencing with the assessment year in which the industrial undertaking started producing articles or operating a cold storage plant or the ship was brought into use by the indian company for the purpose of its business or, as the case may be, the business of the hotel started functioning the 'deficiency' in the 'tax holiday' benefit is the amount by which the profits and gains derived from the industrial undertaking or ship or business of the hotel in each year falls short of six per cent of the capital employed in the business while the earry-forward and allowance of deficiency is, as stated above, permissible up to the 8th assessment year from the year of commencement of the business the deduction on account of profits and gains up to 6 per cent of the capital employed is to be allowed, as under the present law, for a total period of 7 years from the year of commencement of the business in the case of a co-operative society, or 5 years in the case of any other assessee in other respects, the provisions of section 80j are, in substance, the same as those of section 84, as proposed to be amended by clause 24 of the bill where the industrial undertaking which is entitled to the deduction on account of 'tax holiday' under section 80j is entitled also to the deduction under section soh or section 801, the deductions under sections 80h and 801 will first be allowed from the profits of the industrial undertakitlg and the deduction under section 80j will be allowed with reference to the balance of such profits remaining after the deductions under sections 80h and 801 section 84 is, in consequence, proposed to be omitted by item 14 ne·,v section 80k seeks to replace the existing section 85 of the income-tax act, whereunder dividends attributable to the 'tax holiday' profits of a company qualify for rebate of tax in the hands of the shareholder of the company instead of the rebate of tax allowed on such dividends under section 85 of the income-tax act, new section 80k provides that the entire amount of such dividends included in the 'gross total income' of the shareholder will be allowed as a deduction in computing his total income section 85 of the income-tax act is, in consequence, proposed to be omitted by item 14 new section 80l provides that where in the case of any assessee, the income by way of dividends included in his gross total in ('orne does not exceed five hundred rupees, the entire amount of the income by way of dividends from an indian company or companies will be allowed as a deduction in computing his total income new section 80m seeks to replace section 85a of the income-tax act relating to grant of a partial rebate of tax on inter-corporate dividends i!l the hands of the company receiving the dividends under section 80m, where the gross total income of a company includes income by way of dividends received by it from a domestic company, a specified percentage of such dividends will be allowed as a straight deduction in computing its total income in the case of a foreign company receiving dividends from a closely-held indian company which is mainly engaged in a priority industry, the deduction will be of an amount equal to 80 per cent of such dividends, and 60 per cent in respect of dividends received by it from any other domestic company or companies in the case of a domestic compemy, the deduction will be an amount equal to 60 per c(nt of the dividends received by it from any other domestic company or companies where the company receiving the inter-corporate dividends is entitled also to the deduction under section 80k (relating to dividends attributable to 'tax holiday' profits of the company paying the dividends) or under section 80l (relating to deduction of divide:nds from indian companies in cases where the total amount of dividends does not exceed rs 500), the deduction under section 80m will be allowed with reference to the amount of the dividends as reduced by the deductions under sections 80k and 80l section 85a of the income-tax act is, in consequence, proposed to be omitted by item 14 new section bon seeks to replace section 85b of the income-tax act relating to grant of a partial rebate of tax on dividends received by an indian company from a foreign company on shares in the foreign company allotted to it in consideration for the supply of technical know-how or technical services under approved agreements under section 80n, 60 per cent of such dividends will be allowed as a straight deduction in computing the total income of the indian company section 85b of the income-tax act is, in consequence, sought t~ be omitted by item 14 new section 800 seeks to replace section 85c of the income-tax act relating to grant of a partial rebate of tax on income by way of royalties, commission or fees received by an indian company from a foreign company in consideration for the supply of technical knowhow or technical services under approved agreements under section 800, 60 per cent of such income will be allowed as a straight deduction in computing the total income of the indian company section 85c of the income-tax act is, in consequence, sought to be omitted by item 14 new section bop seeks to replace section 81 of the income-tax act relating to the grant of a rebate of tax on certain categories of incomes of co-operative societies under section 80p, the amount of income which at present qualifies for rebate of tax will be allowed as a straight deduction in computing the total income of the cooperative society the details of the income qualifying for this concession as well as the conditions under which it so qualifies, under the new section bop remain the same as under the existing section 81 section 81 of the income-tax act is, in consequence, sought to be omitted by item 14 new section boq seeks to replace section 82 of the income-tax act relating to grant of rebate of tax to a member of a co-operative society in respect of dividends received by him from the society under section boq, the whole of such dividends will be allowed as a straight deduction in computing the total income of the member of the co-operative society section 82 of the income-tax act is, in consequence, sought to beomitted by item 14 new section 80r replaces section 80f proposed to be inserted in the income-tax act, by clause 23 of the bill the provisions of section 80f, as explained in the note on clause 23, remain unchanged new section 80s seeks to replace section 112 of the income-tax act relating to the charging of tax at a concessional rate on income by way of compensation for the termination of a managing agency, etc, in the case of non-corporate assessees under section 80s, 25-per cent of such income will be allowed as a straight deduction in computing the total income of such assessee, subject to a ceiling limit of rs 1 lakh over the amount of the deduction section 112 of the income-tax act is, in consequence, sought tobe omitted by item 18 new section 80t seeks to replace section 114 of the income-tax act relating to the charging of tax at a concessional rate on income chargeable under the head 'capital gains' in the case of noncorporate assessees under section bot, a straight deduction will be allowed of a specified proportion of the long-term capital gains (ie capital gains relating to capital assets other than short-term capital assets) included in the gross total income of the assessee in computing his total income the amount of the deduction will be rs 5,000 plus 40 per cent of the amount by which the long-term capital gains exceed rs 5,000, where they relate to buildings or lands or any rights in buildings or lands the deduction will be rs 5,000 plus 60 per cent of the amount by which the long-term capital gains exceed rs 5,000, where these relate to any other assets in a case where the capital gains relate to both categories of capital assets, namely, buildings or lands or any rights therein as well as any other capital assets, the initial amount of rs 5000 will be deducte:i in the first instance from the long-term capital gains relating to buildings or lands or rights therein; and where such long-term capital gains are less than rs 5,000, the balance will be deducted from the long-term capital gains relating to other capital assets, before applying the percentage of 60 to the latter in a case where the gross total income including the long-term capital gains does not exceed rs 10,000, or where the long-term capital gains do not exceed rs 5,000, the whole of the long-term capital gains will be allowed as a straight deduction in computing the total income the provision for charging a minimum tax at the rate of 15 per cent of the long-term capital gains in excess of rs 5,000, which exists under the present law, will no longer be operative capital gains relating to shott-term capital assets, which under ~he existing section 114, are subjected to tax at the average rate of -- tax applicable to the aggregate of the ordinary income and the shortterm capital gains will henceforth be treated on par with ordinary income section 114 of the income-tax act is, in consequence, sought to be omitted by item 18 item 14 of the third schedule seeks to omit sections 81, 82, 83, 84, 85, 85a, 85b and 85c of the income-tax act these amendments are consequential to the new provisions proposed to be made in 'chapter via of the act by item 13 ' item 15 of the third schedule seeks to make certain amendments to chapter vln of the income-tax act these amendments are consequential to the new provisions proposed to be made in chapter , via by ite:m 13 item 16 of the third schedule seeks to amend section 104 of the income-tax act this amendment is consequential to the substi· -tution of the existing chapter via of the act by a new chapter by item 13 item 17 of the third schedule seeks to make certain amendments in section 109 of the income-tax act these amendments are either of a drafting nature or are consequential to the substitution of the , existing chapter via of the act by a new chapter by item 13 item 18 of the third schedule seeks to make certain ame:1dmen-ts , in chapter xii of the income-tax act clause (a) seeks to omit section 112 of the income-tax act this __ amendment is consequential to the replacement of the existing section 112 by section 80s in the new chapter via proposed to be substituted for the existing chapter via by item 13 clause (b) seeks to amend section 112a of the income-tax act "these amendments are consequential to the amendments proposed to be made by clause (a) and clause (c) clause (c) seeks to omit section 114 of the income-tax act this amendment is consequential to the replacement of the existing section 114 of the income-tax act by section 80t in the new chapter -'via, proposed under item 13 item 19 of the third schedule seeks to amend sub-section (3) of section 197 this amendment is consequential to the replacement of ,the existing sections 84 and 85 of the income-tax act by sections ::80j and 80k, respectively, in the new chapter via, under item 13, item 20 of the third schedule seeks to amend section 236 of the 4 income-ta< act the amendment proposed to be made by clauses (a)" lind (c) are consequential to the substitution of the existing chapter via of the act by a new chapter by item 13 the amendment proposed to be made by clause (b) is consequential to the replacement of the existing section 88 of the incometax act by the proposed section 80g in new chapter via, under item 13 item 21 of the third schedule seeks to amend the definition of 'adjusted total income' in section 280b(i) of the income-tax act under the amended definition, no annuity deposit will be required to be made in respect of the depositor's income arising in a foreign country the laws of which prohibit or restrict the remittance of money to india thii; provision will apply for the purpose of computing the annuity deposit to be made during the financial year 1967-68 in relation to income assessable for the assessment year 1968-69, and for the following years hem 22 of tho! third schedule seeks to amend section 280x of the income-tax act to secure that the penal tax for failure to make the annuity deposit will not be chargeable in a case where (a) the depositor is more than sixty years of age on the last day of the relevant previous year, as against seventy years under the present jaw: (b) the annuity deposit required to be made does not exceed rs 100; or (c) the deficiency in the deposit actually made is not more than ten per cent of the deposit required to be made, or one' hundred rupees, whichever is higher these provisions will apply in relation to annuity deposit to be made during the financial year 1967-68 in l'espe~t of income assessable for the assessment year 1968-69 item 23 of the third schedule seeks to amend section 295 of the income-tax act this amendment is consequential to the omission of section 87 of the act by item 15 and the replacement of section 80a by section 80c in the new chapter via by item 13 item 24 of the third schedule seeks to amend rule 7 of part a of the fourth schedule to the income-tax act this amendment is consequential to the replacemen~ of section boa by new section boc by item 13, and the omission of section 87 by item 15 item 25 of the third schedule seeks to amend the fifth schedule to the income-tax act the amendment is consequential to the proposed amendment of section 33(1) of the income-tax act by item 3, and the insertion of a definition of 'priority industry' in the new section bob(7) of the proposed chapter via under item 13 clause 34 seeks to make certain amendments in the wealth-tax act, 1957 sub-clause (a) seeks to insert, retrospectively, a new &ub--clause (ha) in clause (h) of section 2 of the wealth-tax act 'i'he ·effect of the new sub-clause (iia) is to empower the central government to declare, by general or special order, any corporation ·established by or under a central, state or provincial act as a 'company' for the purposes of the wealth-tax act the object of the proposed amendment is to secure that any statutory corporation which is declared by the central government to be a company will be subjected to wealth-tax for assessment years up to and including the assessment year 1959-60 at the lower rate ·of wealth-tax applicable to companies, and exempted from wealth-tax for subsequent assessment years, in the same manner as companies formed and registered under the companies act, 1956 sub-clauses (b) to (g) seek to amend certain provisions of "the wealth-tax act relating to jurisdiction of wealth-tax authorities, to bring these in line with the provisions of the income-tax act relating to jurisdiction of income-tax authorities as proposed to be amended by clause 27 of the bill, with a view to facilitating the organisation of work in relation to wealth-tax assessments on functional basis sub-clause (b) seeks to insert a proviso in section 8 of the wealth-tax act under the proviso, it will be open to the commissioner of wealth-tax or the inspecting assistant commissioner of wealth-ta,~ authorised by him in this behalf, by general or 1;pecial order in writing, to distribute and allocate the work on :functional basis among two or more wealth-tax officers having concurrent jurisdiction in respect of any individual, hindu undivided family or company sub-clause (c) seeks to insert two new sections 8a and 8b in replacement of the existing section 8a of the wealth-tax act under new section 8a, it will be open to the commissioner of wealth-tax to direct, by genera' or special order, that specific functions vested in the wealth-tax officer by or under the wealth-tax act shall be performed by an inspector of wealth--tax or any member of the ministerial staff subordinate to the commissioner or other lower wealth-tax authorities, in respect of any specified area or cases or classes of cases or persons or classes of persons, subject to such conditions, restrictions or limitations as may be specified by him in the order however, the commissioner may not assign to the inspector of wealth-tax or any member of the ministerial staff certain important functions of the wealth-tax officer such as making of assessments, reopening of assessments in cases of escapement of wealth, levy of penalty, etc unless the board, by general or special order in writing, authorises him to do so the new section 8b authorises the commissioner or the board to transfer any case from any wealth-tax officer or :wealth-tax officers to any other wealth-tax officer or wealthtax officers auer following the procedure laid down in this behalf under the existing law the section further provides that where any such case has been transferred to two or more wealth-tax officers, the board or the commissioner or the inspecting assistant commissioner authorised by him in this behalf may, by general or special order in writing, distribute and allocate the work in such case on functional basis among the wealth-tax officers to whom the case has been transferred sub-clause (d) seeks to amend section 10 of the wealth-tax act under section 10, as amended, it will be' open to the board to distribute and allocate the work on functional basis to two or more commissioners of wealth-tax having concurrent jurisdiction over the same area or persons or classes of persons sub-clause (e) seeks to amend section 11 of the wealth-tax act under section 11, as amended, it will be open to the commissioner of wealth-tax, by general or special order in writing, to distribute and allocate the work on functional basis among two or more inspecting assistant commissioners of wealth-tax having concurrent jurisdiction over the same area or persons or <:lasses of persons sub-clause <f) seeks to substitute a new section for section 11a of the wealth-tax act the new section 11a provides that an inspector of wealth-tax shall perform such functions in the €xecution of the wealth-tax act as are assigned to him by the commissioner by an order made under section ba(1) [as proposed to be inserted by sub-clause (c)] or otherwise or by any other wealth-tax authority under whom he is appointed to work su"'-clause (g) seeks to insert a new section 11b after section 11a of the wealth-tax act the new section 11b provides, in substance, that in a case where two or more wealth-tax offi-'cers have concurrent jurisdiction over an assessee, the wealth-'tax officer t~ whom a particular function or functions have been assigned by the board or, as the case may be, the commissioner or the inspecting assistant commissioner of wealth-tax shall be the ,wealth-tax officer empowered to perform such function or functions in relation to that assessee clause 35 seeks to make certain amendments in the gift-tax act, 1958 sub-clauses (a) to (f) seek to amend the provisions in the gift-tax act relating to jurisdiction of gift-tax officers, with a vit:w to bringing them in line with the provisions in the incometax act in the matter relating to jurisdiction of income-tax authorities as proposed to be amended by clause 27 of the bill, for the purpose of facilitating the organisation of work under the gift-tax act on functional basis sub-clause (a) seeks to insert a proviso in section 7 of the gift-tax act under the proviso, it will be open to the commissioner of gift-tax or the inspecting assistant commissioner of gift-tax authorised by him in this behalf, by general or special order in writing, to distribute and allocate the work on functional basis amongst two or more gift-tax officers having concurrent jurisdiction over the same person sub-clause (b) seeks to substitute two new sections 7a and 7b in replacement of the existing section 7a of the gift-tax act under the new section 7a, it will be open to the commissioner of gift-tax to direct, by general or special ox;der, that specific functions vested in the gift-tax officer by or under the gift-tax act shall be performed by an inspector of gift-tax or any member of the ministerial staff subordinate to the commissioner or other lower gift-tax authorities, in respect of any specified area or cases or class of cases or persons or class of persons, subject to such conditions, restrictions or limitations as may be specified by him in the order however, the commissioner may not assign to the inspector of gift-tax or any member of the ministerial staff certain important functions of the gift-tax officer such as· making of assessments reopening of assessments in cases of escapement, levy of penalty, etc, unless the board, by general or special order, authorises him to do so 'the new section 7b authorises the commissioner or the board to transfer any case from any gift-tax officer or gift-tax officers to any other gift-tax officer or gift-tax officers after following the procedure laid down in this behalf under the existing law the section further provides that where any casehas beeh so trahsferred to two or more gift-tax officers, th~ board or the commissioner or any inspecting assistant commissioner of gift-tax authorised by him in this behalf may, by general or special order in writing, distribute and allocate the work in such case on functional basis among the gift-tax officers to whom the case has been transferred sub-clause (c) seeks to amend section 9 of the gift-tax act under section 9, as amended, it will be open to the board to distribute and allocate the work on functional basis amongst two or more commissioners of gift-tax having concurrent jurisdiction over the same area or persons or classes of persons sub-clause (d) seeks to amend section 10 (!if the gift-tax act under section 10, as amended, it will be open to the commissioner, by general or special order in writing, to distribute and allocate the work on functional basis among two or more inspecting assistant commissioners of gift-tax having concurrent jurisdiction over the same area or persons or classes of persons sub-clause (p) seeks to substitute a new section 11 for the existing section 11 of the gift-tax act section 11, as substituted provid('s that any inspector of gift-tax shall perform such functions in the execution of the gift-tax act as are ilssigned to him by the commissioner by an order made under new section 7 a(1) [proposed to be inserted by sub-clause (b)] or otherwise or by any other gift-tax authority under whom he is appointed to work sub-clause (1) seeks to re-number the existing section lla as section 11b and to insert a new section 11a in the gift-tax act the new section 11a provides, in substance, that in a case where two or more gift-tax officers have concurrent jurisdiction over an assessee, the gift-tax officer to whom a particular function or functions have been assigned by the board or, as the case may be, the commissioner or the inspecting assistant commissioner of gift-tax, shall be the gift-tax officer empowered to perform such function or functions in relation to that assessee sub-clause (g, seeks to amend section 45 of the gift-tax act by inserting a new clause (da) in that section the effect of this amendment will be that no gift-tax will be chargeable on the transfer of assets, in a scheme of amalgamation, by a closelyheld company to any indian company for the purpo~es of this provision, the term 'amalgamation' shall have the same mean-ing as in clause (la) of section 2 of the income-tax act, proposed to be inserted by clause 4"(a) of the bill clause 36 seekr to make certain nmendments in the companies (profits) surtax act, 1964 sub-clause (a) seeks to amend section 3(1) of the said act so as to include an inspector of income-tax in the category of income-tax authorities authorised to perform functions under the said act sub-czause (b) !leeks to amend section 18 of the companies (profits) surtax act which seeks to apply, for the purposes of that act, certain provisions of the income-tax act under the amended section 18, the provisions of the' income-tax act relating to jurisdiction of income-tax authorities, as proposed to be amended by clause 27 of the bill, as well as the provisions of that act relating to rounding off of income and tax, will be made applicable for the purposes of the companies (profits) surtax act clause 37 seeks to indicate the nature of duty against specified items of the first schedule 'to the indian tariff act, 1934 clause 38 seeks to levy up to the 31st march 1968 a special duty of customs clause 39 seeks to provide for levy of regulatory duties of customs up to the 15th may, 1968, on a flexible basis within the spedfted ceiling rates, for regulating or bringing greater economy in imports clause 40-sub-clause (a) seeks to raise the rate of duty on coffee; sub-clause (b) seeks to raise the rates of duty on cigars and cheroots; sub-clause (e) seeks to raise the rate of duty on motor spirit; sub-clause (d) seeks to raise the rate of duty on petroleum products, not otherwise specified; sub-clause (e) seeks to raise the rate of duty on artificial or synthetic resins and plastic materials, and articles thereof; sub-clause (f) seeks to levy excise duty on rubber piping, tubing and belting; s7lb-clause (g) seeks to raise the rate of duty on rayon and s}nthetic fibres and yam; sub-clause (h) seeks to raise the rates of duty on eotton twist, yarn and thread, all sorts; sub-clause (i) seeks to raise the rates of duty on jute manufactures; sub-clause (j) seeks to raise the rates of duty on aluminium in various forms clause 41 s(>eks to continue up to the 31st march, 1968 the existing special duties of excise clau,e 4:1 seeks to provide for levy of regulatory duties of excise up to the 15th may, 1968 on a flexible basis witijin the specified ceiling rate, for regulating or bringing greater economy in consumption clause 43 seeks to amend the first schedule to the indian post office act, 1898 with a view to increasing the postage rates for registered newspapers and parcels clause 44 seeks to substitute a new section for the existing section 30 of the deposit insurance corporation act, 1961 the effect of this amendment will be that the deposit insurance corporation will be exempted from tax on its income for a further period of five accountjn~ years from its accounting year commencing on the 1st january, 1967 clause 45 seeks to give retrospective effect to certain amendments made in the unit trus! of india act, 1963 by the unit trust of india (amendmen t) act 1966 the effect of this provision will be that the unit trust will not be liable to surtax on its income and, ijkewise institutions contributing to the initial capital of the trust will not be liable to surtax on the income derived by them from the trust, for the assessment years 1964-65, onwards clause 46 seeks to make a provision for resolvinr certain dffb-culties arising in the operation of the voluntary disclosure scheme under section 68 of the finance act, 1965 sub-clause (a) seeks to secure that where the whole or a part of the tax due from a declarant under section 68 of the finance act, 1965 has not been paid by him within the specified period of six months from the date of the declaration, the tax so outstanding will be treated as tax due from the declarant under the provisions or the income-tax act on the date following the expiry of the said period, and all the provisions of that act relating to collection and recovery of taxes will apply accordingly the time-limit for the purpose of initiating proceedings for the recovpry of the outstanding tax will be extended in such cases by one year beyond the existing time-limit sub-clause (b) seeks to provide that where the tax due under section 68 of the finance act, 1965 has been paid by the declarant in full after the expiry of the above-mentioned sixmonth period or has been recovered from him under the provisions of sub-clause (a) mentioned above, the tax so paid or recovered shall be deemed to be 'tax paid' for the purpose of sec~ tion 68 of the finance act, 1965, and, accordingly, the declar~t will be entitled to immunity from being assessed to tax, on the income declared by him, under the provisions of the income-tax act clau::;e 47 seeks to repeal sections 2 and 3 of the finance act, li)6~ income-tax and other direct taxesthe provisions contained in clauses 27, 34, 35 and 36 of the finance (no2) bill, 1967 are designed to facilitate reorganisation of the work in the income-tax department on the functional basis with a view to speeding up assessments and expediting collection of revenue and ge'ncrally increasing the efficiency of the department it is proposed to introduce the functional system of working, during the financial year 1967-68, in income-tax ranges accounting for 50-60 per cent of the total income-tax revenue while the re-organisation is not, for the present, expected to entail any increase in the strength of officers and staff in the field offices, it is considered necessary to set up a small unit at headquarters for assisting the field officers in the introduction of the functional system of working this unit will also devise schemes for introducing simplified procedures in other income-tax offices and will further function as a planning cell for the department some expenditure will also be incurred on the hiring of office buildings where necessary, and also on acquiring furniture, including steel almirahs and racks, for centralised record rooms in the income-tax ranges organised on the functional system the expenditure on the setting up of the unit at headquarters as stated above and on hiring of office buildings, acquiring furniture, etc, for the field offices for the financial year 1967-68 is estimated at r~ 2,30,000 as indicated hereinbelow b, rio ri 2 2 x 29700 2 2 x 19350 1 x 6,606 i of/iun-cammi 1oden of idcioide-iu a lttaol commiteiodcn secdoa 0 iistii/j-4 x 40420 4 1 steiioptlpben - aliiawlt lower di'l'llioa clerk 13a60 331, 191' 1 x 40420 1 x ,,50 ---------------- ---- --------- --- ---- ---- __ _ | andual | cost | durin, ||----------------------------------------|---------------|-----------|| cldolumcdts | 1967-68 | || (for | | || 9 | | || month) | | || r | •• | || ------ | | || _ | | || | | || ---------- | | || iii | inddllulll | || "~rua- | | || incidental | | || espenses | | || idcludlna | clan | iv || taft' | | || 3 | | || 0 | | || ,000 | | || iv | | || lii,in, | | || oj | buluin" | || 0,000 | | || 177 | | || 0 | | || 18 | | || 8 | nott-riciim", | || bxp,qitllr, | | || furniture including iteel almirohl and | | || racka | | || 50,000 | | || total | | || 2,21,018 | | || o)r | | || y | | || ri | 2,30,000 | | memorandum regarding delegated legislationclause 2(4)(d), clause 24, clause 25, clause 30(6), clause 30(8) and clause 33 read with item 13 of the third schedule empower the boar~ to make rules in relation to the matters specified therein the matters in respect of which such rules may be made include, inter alia the computation of the amount of any profits and gains derived by an assessee from the export of any goods or merchandise out of india in respect of which he may claim deduction from tax, the computation of capital for the purposes of the 'tax holiday' concession, the particulars to be furnished in the certificate given by the person responsible for deducting tax at source from brokerage, commission, etc, the form of return to be filed by any such person who does not deduct tax at source from brokerage, commission, etc, and the authority for the purpose of certifying the percentage of displaced persons and repatriates employed in an industrial undertaking for the purposes of the deduction under the proposed section 80h under item 13 of the third schedule, etc the matters in respect 01 which rules may be made are those of procedure and detail therefore, the delegation of legislative power is of a normal character billto give effect to the financial proposals of the centr a i govm'nment for the financial year 1967-68 (shri m orarji desai deputy prime minister and minister of finance) | Parliament_bills | 3ff59fd8-2976-525d-8c6d-41f1512be1c9 |
the tea (amendment) bill, 1967(as introduced in lok sabha) the tea (amendment) bill, 1967 (as introj)uced in lok sabha) a billfurther to amend the tea act, 1953 be it enacted by parliament in the eighteenth year of the republic of india as follows:-1 this act may be called the tea (amendment) act, 1967 ~~~~ 29 of 1953 s 2 in the tea act, 1953 (hereinafter referred to as the principal =i~f act), in the long title, for the words "levy a customs duty on tea long title exported from india", the words "levy a q,uty of excise on tea produced in india" shall be substituted amend-3 in section 3 of the principal act, in clause (c), for the words ment of "the customs-duty", the words "the duty of excise" shall be section 3 10 substituted 4 for section 25 of the principal act, the following section shall ~w~~-of be substituted, namely: -new section for section 25 is 20 1 of 1944 "25 (1) there shall be levied and collected as a cess for the im f position 0 cess purposes of this act a duty of excise on all tea produced in on tea india at the rate of four paise per kilogram: f~'tndl~ provided that the central government may from time to time fix, by notification in the official gazette, a higher rate, not exceeding 8'8 paise per kilogram, at which the duty of excise shall be levied and collected (2) the duty of excise levied under sub-section (1) shall be in addition to the duty of excise leviable on tea under the central excises and salt act, 1944, or any other law for the time being in force (3) the provisions of the central excises and salt act, 1944, 1 of 1944 and the rules made thereunder, including those relating to refund and exemption from duty, shall, so far as may be, apply in relation to the levy and collection of the duty of excise under this section as they apply in relation to the levy and collection 5 of the duty of excise on tea under the said act" 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 2, 3 and 4 of this bill shall have immediate effect under the provisional collection of taxes act, 10 1931 16 of 1931 statement of objects and reasonsthe tea board, a body set up under the tea act, 1053 (~ of 1953), to look after the development of the tea industry in india, is financed out of the proceedll of a cess levied on tea exported out of india, under section 25 of the act the current rate of the tea export cess is 4'4 paise per kilogram the proceeds of the celli are initially credited to the consolidated fund of india and relealled therefrom to the tea board to meet its expenses the various activities undertaken by the tea board for the development of the tea industry and promotion of tea exports have expanded considerably and it has been found that the proceeds from the present cess on tea exports are not adequate to finance its activities moreover, if the tea industry is to develop on sound and proper lines and production and exports of tea are to be !jubstantially increased, the expenditure of the tea board both in india and abroad has necessarily to be on a larger scale than at present in order to be commensurate with the desired results it has, therefore, become necessary to take steps to augment the revenues from the cess so that the tea board can be financ~d adequately this bill accordingly seeks to provide for the levy bf the cess not merely on tea exported out of india but on all tea produced in india and for its collection along with and in the same manner as the excise duty on tea the bill further provides that the new ces$ shall be levied at 4 paise per kilogram with immediate effect and that the government may, if necessary, levy the cess at such higher rate, not exceeding 8'8 paise per kilogram, as may, from time to time, be fixed by notification in the official gazette new delhi; dinesh singh the 27th may, 1967 memorandum regarding delegated legislationclause 4 of the bill seeks to substitute a new section for section 25 &f the tea act, 1953 and the proviso to sub-section (1) of new section 25 empowers the central government to fix, from time to time, by notification in the official gazette, a rate higher than 4 paise per kilogram but not exceeding 8'8 paise per kilogram, as the rate at which the cess by way of duty of excise on all tea produced in india shall be levied and collected for the purposes of the act this is intended to enable the government to regulate the actual rate of the cess in future within the ceiling specified, in order to meet the actual financial requirements of the tea board, as estimated from time to time 2 the delegation of legislative power is of a normal character annexure extracts from the tea act, 1953 (29 of 1953)an act to provide for the control by the union of the tea industry, including the control, in pursuance of the international agreement now in force, of the cultivation of tea in, and of the export of tea from, india and for that purpose to establish a tea board and levy a customs duty on tea exported from india - - - - chapi'er ipreliminary - - - - deftnluonl s in this act, unless the context otherwise requires,-- - - - (c) "cess" means the customs-duty imposed by section 25; - - - - chapter v finance, accounts and audit32ofl934 25 (1) a duty of customs shall be levied and collected on all tea impouuon exported or taken outside india at the rate of eight rupees and eighty ~~ ~~t!~' naye paise per quintal on export of tea (2) the cess levied under sub-section (1) shall be in addition to any other duty leviable under the indian tariff act, 1934, or any other law for the time being in force and shall be collected by such agencies and in such manner as may be prescribed - - - - a billfurther to amend the tea act, 1953 the president has, in pursuance of clause (i) of article ii7 of the constitution of india, recommended to lok sabha the introduction of the bill s l shakdher, secretary (dinesh singh, minister of commerce) | Parliament_bills | c0394010-8778-5916-abd1-5d48977b3af0 |
at no 23 of 19a -- the appropriation bill, 19841-• a bill to authorise payment and apptopriation of certain further sums from and out of the consjlidated fund of india for the services of the financial year 1983-84 be it e'1acted by ,parliament in the thirty-fifth year of the republic of india as follows:-1 this act may be called the appropriation act, 1984 shorl title 2 from and out of the consolidated fund of india there may be paid 5 and applied sums not exceeding those spt!cifled in column 3 of the schedule amounting in the aggregate to the sum of twenty,-eight thousand, six hundred and ninety crores, twenty-three jakhs and thirty-two thousand rupees towards defraying the several charges which will come in course of payment during the financial year 1983-84, in 10 respect of the services specified in column 2 of the schedule issue of rs28,690, 23,32,000 out of the consolidatpd fund or india for the yc'ar i !l:!li-8t appropriation 3 the sums authorised to be paid and applied from and out of the consolidated f"und of india by this act shall be appropriated for the services and p\lrpolies expressed in the sch,dlde in relation tq the laid year --," -- , -| no | servicel and | purpoltl | swm | not ||----------------|-----------------|--------------------|-------------|--------|| 5 | | | | || vote | parliament | corlolidated | | || total | | | | || fund | | | | || of | - voted | by | icharred on | the || -- | --------- | ----- | -----1----- | || ri | | | | || ri | ri | | | || 3 | | | | || fiaberlel | | | | || capital | | | | || i,oi,~,ooo | | | | || 1,01,59,000 | | | | || 6 | | | | || co-operation | | | | || capital | | | | || 115,00,00,000 | | | | || 115,80,00,000 | | | | || 10 | | | | || 80,00,000 | | | | || 10 | | | | || ministry | of | commerce | | || revenue | | | | || 111,87,000 | | | | || 111,87,000 | | | | || ii | | | | || foreign | trade | and | | || export | | | | || production~ | | | | || revenue | | | | || 11,000 | | | | || t'1ii,000 | | | | || capital | | | | || 198,65,88,000 | | | | || 19 | | | | || 8,65,88,000 | | | | || 15 | | | | || iii | | | | || textilel, | haodloom | | | || and | handicraftl | | | || revenue | | | | || 17,84,39,000 | | | | || 17,84,39,000 | | | | || capital | | | | || 110,19,73,000 | | | | || ao,i9,73,ooo | | | | || '15 | | | | || pnsts | and | telegraphs- | | || rf'vf'nue | | | | || working | | | | || e~nael | | | | || | | | | || 13,00,00,000 | | | | || slo,oo,oo,ooo | | | | || 7,0000,000 | | | | || 17 | | | | || cq,pital | outlay | | | || ~pcleu | | | | || | | | | || anll | | | | || ttl~lt'aphs | | | | || ' | capital | | | || 50,00,00,000 | | | | || 50,00,00,000 | | | | || 20 | | | | || 18 | | | | || ministry of | | | | || ~fen~ | | | | || revenue | | | | || 76,75,87,000 | | | | || 19 | | | | || defence | | | | || serviers- | | | | || army | rl-venue | | | || 117~,q5,30,ooo | | | | || 1175,47,80,000 | | | | || ~',50,ooo | | | | || 20 | | | | || mence | | | | || s~rvicf'l- | | | | || navy | | | | || rl-veoul' | | | | || 47,40,40,000 | | | | || 47,4040,000 | | | | || 25 | | | | || iii | | | | || drfence | s(lrvius- | | | || air | force" | | | || revl"nuf' | | | | || 35 | | | | || 60 | | | | || ,00,000 | | | | || 199;000 | | | | || 112 | | | | || ])effonce | | | | || srrvict'1i- | | | | || penaions | | | | || juovenue | | | | || 66,77,+5,000 | | | | || 50,00 ,00,0li0 | | | | || so | | | | || 113 | | | | || capital | outlay | on | | || capital | | | | || mener | lkrvicf'1 | | | || 3,75,50,000 | | | | || 1,11,1 | | | | || 0 | | | | || ,000 | | | | || il4 | | | | || delar,ment | | | | || of | | | | || ducat ion | | | | || rl-venue | | | | || 60,15 | | | | || 000 | | | | || 60,15 | | | | || 000 | | | | || 115 | | | | || education | | | | || hvt'tlul' | | | | || 8,88,77('00 | | | | || 8,88,77,000 | | | | || 95 | | | | || capi~al | | | | || 5,00,000 | | | | || 5,00,000 | | | | || 116 | | | | || drpartment | of | cult ure rf'vf'nur | | || 1,9li,66,ooo | | | | || 18,·7,10,000 | | | | || 18,87,10,000 | | | | || ~ii | | | | || ministry | | | | || of | | | | || external | | | | || affalrl | | | | || revw:nuf' | | | | || capital | | | | || 1i,67,3fi,ooo | | | | || 4 | | | | || 0 | | | | || ~3 | | | | || minbtryof | | | | || f~nancr | | | | || rrvt'nu, | | | | || 9,65,1111,000 | | | | || capital | | | | || 14q6,ooo | | | | || 14,116,000 | | | | |"'::tt services and put'jifh~s 811jju not ~jcceedi", no1 ml -----------~ 5 vote voted uy chllrsed 011 i parji ament the goqloolidatnf fund i total --i r • a /--;;---~ delhi revenue 19,67,01,000 1j,ij,000 19,80"4000 gapital 1000 13,9j0ii0 11i,gdooo 57 ohltlldig4rh revenue 3,6a90ooo 3joj000 3,90,95000 10 :;8 i andolw411 iidd nicobar rcvenni •• 956f,ooo i islands 4,95tit,ooo i 59 d&dr;t 1&1111 n"iar revenue sb8,ooo iuveli - 38,114,000 15 gapital 11,65 000 1165,000 60 l"bhadweep gapita' 53,bg000 53,89,000 6 mini'try of ioduatry luvenue 3' ,58000 31,58000 611 illdultl'iea - gapital 7,411,76,eoo 7,411,76,000 ~ ministry of lujorwllllevelluf 20 t ion iuld jit'uaclc:uting \z0,11,000 ao, ii ,ouu 6:; information and 8,000 publicity revenue :;8,77,000 :;8,85,0011' 66 bruadcastiq revenue 8,119,39,000 8,~,39o()o ca"ical 1&8,05000 1 68,05000 i5 67 j ministry of irritation re\>"eduei 7,88110000 7,88110,000 capital 7~800000 7~800ooo 68\ ~tment of ur revenue 1968000 19068,000 6g labour and employ-so meat revenue !0+4-511,000 160,000 3046 jli,ooo 7' mulqu-y of law j uauce aild com· paoy mai n revenue 1100000 1100000 711 admiailtration of 35 justice revenue 398/,000 11983000 77 miarislty of shipping aud trlullport ~tcvenue 3472,000 3472,000 78 roads revenue 9+943000 9,49043,000 capital 1443811•000 1,00,35,000 ·9,44,07,000 79 ports, lighlhoulel 4° aud shipping r~ue 33855000 3,3855000 capital 11,000 :1,000 80 road and (uland water tranaport revenue a,ouo '11000 capital 1010,01000 1010,01,000 i department of steel revenue 45 8a 4,is,ooo 4013,000 i the appropria tion bill, 1984 (to be/~s introduc,ed in 10k sa bha)1 page 3, in column 1, under the he:ld "no of vote", a "'""" r '\ 'rat,, 1 50 f""' r ,,'!" tar:' d i! c,) 2" c ,: u "'; vi c ~o - ,~j 2 pa ge 4,-against vote no 58, in column 2, under the head "r'eryices and purpo sps ",-!qi: ''re~renne'' ~ ''re'-renue"' 3 page 5,-against vote no103, in column 3, under the sub-head ''total'' ,-;(qj: "7,08, ~oo ii ~ "87,08, too" 4 page 5, line 41,-against total, 1n column 3, under the sub-head "total", -new dellii; marcil 13, 1984 phalguna 23, 1905 (saka) swne not ejwecdiq r\u of vote services and purpolcii total i charicd 011 the ! coaaolidatcd i, fwid _ -_ 1 i voted by parliament , ~--lb r •• a ~,<19;ju,ooo 3,291:18,000 83 depaftment of mine revenue ' 10 8,90,000 8,90,000 68 ministry of worb and houlinsf revenue 24:,'4:,000 ~4"4,ooo 9' houlillg and urban development revenue z,fioo capital 1,000 15 11,000 8' 911 statiodery and prin· ting revenue , atumic energy re-ilcarch deve· lopment and induitrial pro-20 1111,3+,00,000 21134:00•000 1 jecta capital 7,34:,00,000 7,34:00,000 95 ,nuclear power schemes - revenue 70,00,000 70,00,000 g6 department of electronics rcvcs1ue 70,00,000 capital 70•00,000 25 1,81,000 r,",oeo 102 ! departmctlt of space ypital 6e,so,c vo 611,3°,000 103 department 01 revenul, sporta 7,08,000 87,08,000 carital '~u 4:,27000 ,04: dtartment 01 upply , revenue 4:27,000 8,oo,oob : 1150000,ooo 105 supplici and 011- ' poaii i i~ reveaue 3, sil,~900o 32790000 107 rajya sabha llevebue ;,79,000 113000 108 dcpartmcut of padiito' , mcatary malrs revenue ' cliaroed-61,54-,000 u"jqn publie s,/i commissutil revenue 1-;-,6,03,30,000 610140» 1 "j81,lo,o"otjo total 8860,1358000 --- statement of objects and reasonsthill bill is introduced in pursuance of article 114 (1) of the constitution of india, read with article 115 thereof, to provide fer 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 1983-84 pranab mukherjee presidents recommendation under article 117 or the , constitution of india[copy of letter no f4 (32) -b (se) /84, dated the 8th march, 1984 from shri' pranab kumar mukherjee, minister of finance to the secretary-general, lok sabha] the president, having been informed of the subject matter of the proposed bill to authorise appropriation of certain further sums from and 'out of the consolidated fund of india for the services of the financial year ending on the 31st day of march, 1984, recommend/! the introduction of the appropriation bill, 1984 in lok sabha and also recommends to lok sabha the consideration of the bill under article 117(1) and (3) of the constitution read with article 115 (2) thereof 2 the bill will be introduced in lok sabha after all the supplementary demands for grants for 1983--84 have been voted - billto authorise payment and appropriation of certain further sums from and out of the consolidated fund qf india for the services of the financial year 1983-84 (shri pranab kumar mukherjee, mini$ter of finance) | Parliament_bills | 995e0b9f-1bd0-5a3a-870a-089905376297 |
the lokpal and lokayuktas bill, 2011 arrangement of clauses part i preliminary1short title, extent, application and commencement part ii lokpal for the union chapter i definitions2definitions chapter ii establishment of lokpal3establishment of lokpal4appointment of chairperson and members on recommendations of selection committee5filling of vacancies of chairperson or members6term of office of chairperson and members7salary, allowances and other conditions of service of chairperson and members8restriction on employment by chairperson and members after ceasing to hold office9member to act as chairperson or to discharge his functions in certain circumstances10secretary, other officers and staff of lokpal chapter iii inquiry wing11inquiry wing chapter iv prosecution wing12 prosecution wing chapter v expenses of lokpal to be charged on consolidated fund of india13expenses of lokpal to be charged on consolidated fund of india chapter vi jurisdiction in respect of inquiry14jurisdiction of lokpal to include prime minister, ministers, members of parliament, groups a, b, c and d officers and officials of central government15matters pending before any court or committee or authority for inquiry before lokpal not to be affected16constitution of benches of lokpal17distribution of business amongst benches18power of chairperson to transfer cases19decision to be by majority chapter vii procedure in respect of preliminary inquiry and investigation20provisions relating to complaints and preliminary inquiry and investigation21persons likely to be prejudicially affected to be heard22lokpal may require any public servant or any other person to furnish information, etc23previous sanction not necessary for investigation and initiating prosecution by lokpal in certain cases24action on investigation against public servant being prime minister, ministers or members of parliament chapter viii powers of lokpal25supervisory powers of lokpal26search and seizure27lokpal to have powers of civil court in certain cases28power of lokpal to utilise services of officers of central or state government29provisional attachment of assets30confirmation of attachment of assets31confiscation of assets, proceeds, receipts and benefits arisen or procured by means of corruption in special circumstances32power of lokpal to recommend transfer or suspension of public servant connected with allegation of corruption33power of lokpal to give directions to prevent destruction of records during preliminary inquiry34power to delegate chapter ix special courts35special courts to be notified by central government36letter of request to a contracting state in certain cases chapter x complaints against chairperson, members and officials of lokpal37removal and suspension of chairperson and members of lokpal38complaints against officials of lokpal chapter xi assessment of loss and recovery thereof by special court39assessment of loss and recovery thereof by special court chapter xii finance, accounts and audit40budget41grants by central government42annual statement of accounts43furnishing of returns, etc, to central government chapter xiii declaration of assets44declaration of assets45presumption as to acquisition of assets by corrupt means in certain cases chapter xiv offences and penalties46prosecution for false complaint and payment of compensation, etc, to public servant47false complaint made by society or association of persons or trust chapter xv miscellaneous48reports of lokpal49lokpal to function as appellate authority for appeals arising out of any other law for the time being in force50protection of action taken in good faith by any public servant51protection of action taken in good faith by others52members, officers and employees of lokpal to be public servants53limitation to apply in certain cases54bar of jurisdiction55legal assistance56act to have overriding effect57provisions of this act to be in addition of other laws58amendment of certain enactments59power to make rules 60power of lokpal to make regulations61laying of rules and regulations62power to remove difficulties part iii lokayukta for a state chapter i definitions63definitions chapter ii establishment of lokayukta64establishment of lokayukta65appointment of chairperson and members and on recommendation of selection committee66filling of vacancies of chairperson or members (iv)67term of office of chairperson and members68salary, allowances and other conditions of service of chairperson and members69restriction on employment by chairperson and members after ceasing to hold office70member to act as chairperson or to discharge his functions in certain circumstances71secretary, other officers and staff of lokayukta chapter iii inquiry wing72inquiry wing chapter iv prosecution wing73appointment of director of prosecution chapter v expenses of lokayukta to be charged on consolidated fund of state74expenses of lokayukta to be charged on consolidated fund of state chapter vi jurisdiction in respect of inquiry75jurisdiction of lokayukta to include chief minister, ministers, members of legislatures, officers and employees of state government76matters pending before any court or committee or authority for inquiry before lokayukta not to be affected77constitution of benches of lokayukta78distribution of business amongst benches79power of chairperson to transfer cases80decision to be by majority chapter vii procedure in respect of preliminary inquiry and investigation81provisions relating to complaints and preliminary inquiry and investigation82persons likely to be prejudicially affected to be heard83lokayukta may require any public servant or any other person to furnish information, etc84previous sanction not necessary for investigation and initiating prosecution by lokayukta in certain cases85action on inquiry against public servant being chief minister, ministers or members of state legislature chapter viii powers of lokayukta86supervisory powers of lokayukta87search and seizure88lokayukta to have powers of civil court in certain cases89power of lokayukta to utilise services of officers of state government90provisional attachment of assets91confirmation of attachment of assets92confiscation of assessts, proceeds, rceipts and benifits arisen or procured by means of corruption in special circumstances93power of lokayukta to recommend transfer or suspension of public servant connected with allegation of corruption94power of lokayukta to give directions to prevent destruction of records during preliminary inquiry95lokayukta to function as appellate authority for appeals arising out of any other law96power to delegate97application of certain provisions relating to lokpal to apply to lokayuktathe schedulebill no 134 of 2011 the lokpal and lokayuktas bill, 2011 a billto provide for the establishment of a body of lokpal for the union and lokayukta for states to inquire into allegations of corruption against certain public functionaries and for matters connected therewith or incidental thereto whereas the constitution of india established a democratic republic to ensure justice for all;and whereas india has ratified the united nations convention against corruption; and whereas the government's commitment to clean and responsive governance has to be reflected in effective bodies to contain and punish acts of corruption;now, therefore, it is expedient to enact a law, for more effective implementation of the said convention and to provide for prompt and fair investigation and prosecution in cases of corruptionbe it enacted by parliament in the sixty-second year of the republic of india as follows:— part i preliminary1 (1) this act may be called the lokpal and lokayuktas act, 2011 (2) it extends to the whole of india5(3) it shall apply to public servants in and outside indiashort title, extent, application and commencement(4) 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 states and for different provisions of this act, and any reference in any provision to the commencement of this act shall be construed as a reference to the coming into force of that provision10 part ii lokpal for the union chapter i definitionsdefinitions2 (1) in this act, unless the context otherwise requires,—15(a) "bench" means a bench of the lokpal; (b) "chairperson" means the chairperson of the lokpal; (c) "competent authority", in relation to—(i) the prime minister, means the house of the people; (ii) a member of the council of ministers, means the prime minister;20(iii) a member of parliament other than a minister, means—(a) in the case of a member of the council of states, the chairman of the council; and25(b) in the case of a member of the house of the people, the speaker of the house; (iv) an officer in the ministry or department of the central government, means the minister in charge of the ministry or department under which the officer is serving;30(v) a chairperson or members of any body or board or corporation or authority or company or society or autonomous body (by whatever name called) established or constituted under any act of parliament or wholly or partly financed by the central government or controlled by it, means the minister in charge of the administrative ministry of such body or board or corporation or authority or company or society or autonomous body;35(vi) an officer of any body or board or corporation or authority or company or society or autonomous body (by whatever name called) established or constituted under any act of parliament or wholly or partly financed by the central government or controlled by it, means the head of such body or board or corporation or authority or company or society or autonomous body;40(vii) in any other case not falling under sub-clauses (i) to (vi) above, means such department or authority as the central government may, by notification, specify:provided that if any person referred to in sub-clause (v) or sub-clause (vi)is also a member of parliament, then, the competent authority shall be—(a) in case such member is a member of the council of states, thechairman of the council; and5(b) in case such member is a member of the house of the people, thespeaker of the house;(d) "central vigilance commission" means the central vigilance commission constituted under sub-section (1) of section 3 of the central vigilance commission act, 2003;45 of 200310(e) "complaint" means a complaint, made in such form as may be prescribed,alleging that a public servant has committed an offence punishable under the prevention of corruption act, 1988;49 of 198825 of 194615(f) "delhi special police establishment" means the delhi special police establishment constituted under sub-section (1) of section 2 of the delhi special police establishment act, 1946;2 of 1974(g) "investigation" means an investigation as defined under clause (h) of section 2of the code of criminal procedure, 1973;(h) "judicial member" means a judicial member of the lokpal;(i) "lokpal" means the institution established under section 3;20(j) "member" means a member of the lokpal; (k) "minister" means a union minister but does not include the prime minister;(l) "notification" means notification published in the official gazette and the expression "notify" shall be construed accordingly;(m) "preliminary inquiry" means an inquiry conducted under this act;25(n) "prescribed" means prescribed by rules made under this act; (o) "public servant" means a person referred to in clauses (a) to (h) of subsection (1) of section 14;(p) "regulations" means regulations made under this act; (q) "rules" means rules made under this act;30(r) "schedule" means a schedule appended to this act;49 of 1988(s) "special court" means the court of a special judge appointed under subsection (1) of section 3 of the prevention of corruption act, 198849 of 198835(2) the words and expressions used herein and not defined in this act but defined in the prevention of corruption act, 1988, shall have the meanings respectively assigned to them in that act(3) any reference in this act to any other act or provision thereof which is not in force in any area to which this act applies shall be construed to have a reference to the corresponding act or provision thereof in force in such area chapter ii establishment of lokpalestablishment of lokpal3 (1) on and from the commencement of this act, there shall be established, for the purpose of this act, a body to be called the "lokpal"(2) the lokpal shall consist of—5(a) a chairperson, who is or has been a chief justice of india or is or has been a judge of the supreme court or an eminent person who fulfils the eligibility specified in clause (b) of sub-section (3); and(b) such number of members, not exceeding eight out of whom fifty per centshall be judicial members:10provided that not less than fifty per cent of the members of the lokpal shall be from amongst the persons belonging to the scheduled castes, the scheduled tribes, other backward classes and women (3) a person shall be eligible to be appointed,—15(a) as a judicial member if he is or has been a judge of the supreme court or is or has been a chief justice of a high court;20(b) as a member other than a judicial member, if he is a person of impeccable integrity and outstanding ability having special knowledge and expertise of not less than twenty-five years in the matters relating to anti-corruption policy, public administration, vigilance, finance including insurance and banking, law and management (4) the chairperson or a member shall not be—(i) a member of parliament or a member of the legislature of any state or union territory;25(ii) a person convicted of any offence involving moral turptitude; (iii) a person of less than forty-five years of age, on the date of assuming office as the chairperson or member, as the case may be;(iv) a member of any panchayat or municipality;30(v) a person who has been removed or dismissed from the service of the union or a state, and shall not hold any office of trust or profit (other than his office as the chairperson or a member) or be connected with any political party or carry on any business or practise any profession and, accordingly, before he enters upon his office, a person appointed as the chairperson or a member, as the case may be, shall, if—35 (a) he holds any office of trust or profit, resign from such office; or (b) he is carrying on any business, sever his connection with the conduct and management of such business; or(c) he is practising any profession, cease to practise such profession404 (1) the chairperson and members shall be appointed by the president after obtaining the recommendations of a selection committee consisting of—(a) the prime minister—chairperson; (b) the speaker of the house of the people—member;appointment of chairperson and members on recommendations of selection committee(c) the leader of opposition in the house of the people—member;(d) the chief justice of india or a judge of the supreme court nominated by him—member; (e) one eminent jurist nominated by the president—member5(2) no appointment of a chairperson or a member shall be invalid merely by reason of any vacancy in the selection committee10(3) the selection committee shall for the purposes of selecting the chairperson and members of the lokpal and for preparing a panel of persons to be considered for appointment as such, constitute a search committee consisting of at least seven persons of standing and having special knowledge and expertise in the matters relating to anti-corruption policy, public administration, vigilance, policy making, finance including insurance and banking, law and management or in any other matter which, in the opinion of the selection committee, may be useful in making the selection of the chairperson and members of the lokpal:15provided that not less than fifty per cent of the members of the search committee shall be from amongst the persons belonging to the scheduled castes, the scheduled tribes, other backward classes and women:provided further that selection committee may also consider any person other than the persons recommended by the search committee(4) the selection committee shall regulate its own procedure in a transparent manner for selecting the chairperson and members of the lokpal20(5) the term of the search committee referred to in sub-section (3), the fees and allowances payable to its members and the manner of selection of panel of names shall be such as may be prescribed25| filling | of ||----------------|------|| vacancies | of || chairperson or | || members | |5 the president shall take or cause to be taken all necessary steps for the appointment of a new chairperson and members at least three months before the expiry of the term of the chairperson or member, as the case may be, in accordance with the procedure laid down in this actterm of office of chairperson and members306 the chairperson and every member shall, on the recommendations of the selection committee, be appointed by the president by warrant under his hand and seal and hold office as such 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:provided that he may—(a) by writing under his hand addressed to the president, resign his office; or (b) be removed from his office in the manner provided in section 377 the salary, allowances and other conditions of service of—35(i) the chairperson shall be the same as those of the chief justice of india; (ii) other members shall be the same as those of a judge of the supreme court:salary, allowances and other conditions of service of chairperson and members40provided that if the chairperson or a member is, at the time of his appointment, in receipt of pension (other than disability pension) in respect of any previous service under the government of india or under the government of a state, his salary in respect of service as the chairperson or, as the case may be, as a member, be reduced—(a) by the amount of that pension; and (b) if he has, before such appointment, received, in lieu of a portion of the pension due to him in respect of such previous service, the commuted value thereof, by the amount of that portion of the pension:provided further that the salary, allowances and pension payable to, and other conditions of service of, the chairperson or a member shall not be varied to his disadvantage after his appointment58 (1) on ceasing to hold office, the chairperson and every member shall be ineligible for—(i) reappointment as the chairperson or a member of the lokpal;restriction on employment by chairperson and members after ceasing to hold office(ii) any diplomatic assignment, appointment as administrator of a union territory and such other assignment or appointment which is required by law to be made by the president by warrant under his hand and seal;10(iii) further employment to any other office of profit under the government of india or the government of a state;(iv) contesting any election of president or vice president or member of either house of parliament or member of either house of a state legislature or municipality or panchayat within a period of five years from the date of relinquishing the post15(2) notwithstanding anything contained in sub-section (1), a member shall be eligible to be appointed as a chairperson, if his total tenure as member and chairperson does not exceed five yearsexplanation—for the purposes of this section, it is hereby clarified that where the member is appointed as the chairperson, his term of office shall not be more than five years in aggregate as the member and the chairperson209 (1) in the event of occurrence of any vacancy in the office of the chairperson by reason of his death, resignation or otherwise, the president may, by notification, authorise the senior-most member to act as the chairperson until the appointment of a new chairperson to fill such vacancymember to act as chairperson or to discharge his functions in certain circumstances25(2) when the chairperson is unable to discharge his functions owing to absence on leave or otherwise, the senior-most member available, as the president may, by notification, authorise in this behalf, shall discharge the functions of the chairperson until the date on which the chairperson resumes his duties3010 (1) there shall be a secretary to the lokpal in the rank of secretary to government of india, who shall be appointed by the chairperson from a panel of names sent by the central governmentsecretary, other officers and staff of lokpal(2) there shall be a director of inquiry and a director of prosecution not below the rank of the additional secretary to the government of india or equivalent, who shall be appointed by the chairperson from a panel of names sent by the central government35(3) the appointment of officers and other staff of the lokpal shall be made by the chairperson or such member or officer of lokpal as the chairperson may direct:provided that the president may by rule require that the appointment in respect of any post or posts as may be specified in the rule, shall be made after consultation with the union public service commission40(4) subject to the provisions of any law made by parliament, the conditions of service of secretary and other officers and staff of the lokpal shall be such as may be specified by regulations made by the lokpal for the purpose:provided that the regulations made under this sub-section shall, so far as they relate to salaries, allowances, leave or pensions, require the approval of the president chapter iii inquiry winginquiry wing11 (1) notwithstanding anything contained in any law for the time being in force, the lokpal shall constitute an inquiry wing headed by the director of inquiry for the purpose of conducting preliminary inquiry into any offence alleged to have been committed by a public servant punishable under the prevention of corruption act, 1988:49 of 19885provided that till such time the inquiry wing is constituted by the lokpal, the central government shall make available such number of officers and other staff from its ministries or departments, as may be required by the lokpal, for conducting preliminary inquiries under this act10(2) for the purposes of assisting the lokpal in conducting a preliminary inquiry under this act, the officers of the inquiry wing not below the rank of the under secretary to the government of india, shall have the same powers as are conferred upon the inquiry wing of the lokpal under section 27 15 chapter iv prosecution wingprosecution wing12 (1) the lokpal shall, by notification, constitute a prosecution wing headed by the director of prosecution for the purpose of prosecution of public servants in relation to any complaint by the lokpal under this act:20provided that till such time the prosecution wing is constituted by the lokpal, thecentral government shall make available such number of officers and other staff from its ministries or departments, as may be required by the lokpal, for conducting prosecution under this act:25(2) the director of prosecution shall, after having been so directed by the lokpal, file a case in accordance with the findings of investigation report, before the special court, and take all necessary steps in respect of the prosecution of public servants in relation to any offence punishable under the prevention of corruption act, 198849 of 1988(3) the case under sub-section (2), shall be deemed to be a report, filed on completion of investigation, referred to in section 173 of the code of criminal procedure, 19732 of 1974 30 chapter v expenses of lokpal to be charged on consolidated fund of india13 the administrative expenses of the lokpal, including all salaries, allowances and pensions payable to or in respect of the chairperson, members or secretary or other officers or staff of the lokpal, shall be charged upon the consolidated fund of india and any fees or other moneys taken by the lokpal shall form part of that fund35expenses of lokpal to be charged onconsolidated fund of india chapter vi jurisdiction in respect of inquiry4014 (1) subject to the other provisions of this act, the lokpal shall inquire or cause an inquiry to be conducted into any matter involved in, or arising from, or connected with, any allegation of corruption made in a complaint in respect of the following, namely:—(a) any person who is or has been a prime minister: provided that the lokpal shall not inquire into any matter involved in, or arising from, or connected with, any such allegation of corruption against the prime minister,—(i) in so far as it relates to international relations, external and internal security, public order, atomic energy and space;45jurisdiction of lokpal to include prime minister, ministers, members of parliament, groups a, b, c and d officers and officials of central government(ii) unless a full bench of the lokpal consisting of its chairperson and all members considers the initiation of inquiry and at least three-forth of its members approves of such inquiry:5provided further that any such inquiry shall be held in camera and if the lokpal comes to the conclusion that the complaint deserves to be dismissed, the records of the inquiry shall not be published or made available to anyone; (b) any person who is or has been a minister of the union; (c) any person who is or has been a member of either house of parliament;1049 of 1988(d) any group 'a' or group 'b' officer or equivalent or above, from amongst the public servants defined in sub-clauses (i) and (ii) of clause (c) of section 2 of the prevention of corruption act, 1988 when serving or who has served, in connection with the affairs of the union;49 of 198815(e) any group 'c' or group 'd' official or equivalent, from amongst the public servants defined in sub-clauses (i) and (ii) of clause (c) of section 2 of the prevention of corruption act, 1988 when serving or who has served in connection with the affairs of the union subject to the provision of sub-section (1) of section 20;20 (f) any person who is or has been a chairperson or member or officer or employee in any body or board or corporation or authority or company or society or trust or autonomous body (by whatever name called) established by an act of parliament or wholly or partly financed by the central government or controlled by it:25 30provided that in respect of such officers referred to in clause (d) who have served in connection with the affairs of the union or in any body or board or corporation or authority or company or society or trust or autonomous body referred to in clause (e) but are working in connection with the affairs of the state or in any body or board or corporation or authority or company or society or trust or autonomous body (by whatever name called) established by an act of the state legislature or wholly or partly financed by the state government or controlled by it, the lokpal and the officers of its inquiry wing or prosecution wing shall have jurisdiction under this act in respect of such officers only after obtaining the consent of the concerned state government;35(g) any person who is or has been a director, manager, secretary or other officerof every other society or association of persons or trust (whether registered under any law for the time being in force or not), by whatever name called, wholly or partly financed or aided by the government and the annual income of which exceeds such amount as the central government may, by notification, specify;40(h) any person who is or has been a director, manager, secretary or other officerof every other society or association of persons or trust (whether registered under any law for the time being in force or not) in receipt of any donation from the public and the annual income of which exceeds such amount as the central government may by notification specify or from any foreign source under the foreign contribution (regulation) act, 2010 in excess of ten lakh rupees in a year or such higher amount as the central government may, by notification, specifyexplanation—for the purpose of clauses (f) and (g), it is hereby clarified that any entity or institution, by whatever name called, corporate, society, trust, association of persons, partnership, sole proprietorship, limited liability partnership (whether registered under any law for the time being in force or not), shall be the entities covered in those clauses:provided that any person referred to in this clause shall be deemed to be a public servant under clause (c) of section 2 of the prevention of corruption act, 1988 and the provisions of that act shall apply accordingly5(2) notwithstanding anything contained in sub-section (1), the lokpal shall not inquire into any matter involved in, or arising from, or connected with, any such allegation of corruption against any member of either house of parliament in respect of anything said or a vote given by him in parliament or any committee thereof covered under the provisions contained in clause (2) of article 105 of the constitution49 of 1988(3) the lokpal may inquire into any act or conduct of any person other than those referred to in sub-section (1), if such person is involved in the act of abetting, bribe giving or bribe taking or conspiracy relating to any allegation of corruption under the prevention of corruption act, 1988 against a person referred to in sub-section (1):10provided that no action under this section shall be taken in case of a person serving inconnection with the affairs of a state, without the consent of the state government60 of 1952(4) no matter in respect of which a complaint has been made to the lokpal under thisact, shall be referred for inquiry under the commissions of inquiry act, 195215explanation—for the removal of doubts, it is hereby declared that a complaint under this act shall only relate to a period during which the public servant was holding or serving in that capacity49 of 19882015 in case any matter or proceeding related to allegation of corruption under theprevention of corruption act, 1988 has been pending before any court or committee of either house of parliament or before any other authority prior to commencement of this act or prior to commencement of any inquiry after the commencement of this act, such matter or proceeding shall be continued before such court, committee or authoritymatters pending before any court or committee or authority forinquiry before lokpal not to be affected16 (1) subject to the provisions of this act,—(a) the jurisdiction of the lokpal may be exercised by benches thereof;constitution of benches of lokpal25(b) a bench may be constituted by the chairperson with two or more members asthe chairperson may deem fit;(c) every bench shall ordinarily consist of at least one judicial member; (d) where a bench consists of the chairperson, such bench shall be presidedover by the chairperson;30(e) where a bench consists of a judicial member, and a non-judicial member, notbeing the chairperson, such bench shall be presided over by the judicial member;(f) the benches of the lokpal shall ordinarily sit at new delhi and at such other places as the lokpal may, by regulations, specify (2) the lokpal shall notify the areas in relation to which each bench of the lokpal may exercise jurisdiction35(3) notwithstanding anything contained in sub-section (2), the chairperson shallhave the power to constitute or reconstitute benches from time to time40(4) if at any stage of the hearing of any case or matter it appears to the chairperson or a member that the case or matter is of such nature that it ought to be heard by a bench consisting of three or more members, the case or matter may be transferred by the chairperson or, as the case may be, referred to him for transfer, to such bench as the chairperson may deem fit17 where benches are constituted, the chairperson may, from time to time, by notification, make provisions as to the distribution of the business of the lokpal amongst the benches and also provide for the matters which may be dealt with by each benchdistribution of business amongst benches5power ofchairperson to transfer cases18 on an application for transfer made by the complainant or the public servant, thechairperson, after giving an opportunity of being heard to the complainant or the public servant, as the case may be, may transfer any case pending before one bench for disposal to any other benchdecision to be by majority1019 if the members of a bench consisting of an even number of members differ in opinion on any point, they shall state the point or points on which they differ, and make a reference to the chairperson who shall either hear the point or points himself or refer the case for hearing on such point or points by one or more of the other members of the lokpal and such point or points shall be decided according to the opinion of the majority of the members of the lokpal who have heard the case, including those who first heard it chapter vii15 procedure in respect of preliminary inquiry and investigation2020 (1) the lokpal shall, on receipt of a complaint first decide whether to proceed in the matter or close the same and if the lokpal decides to proceed further, it shall order the preliminary inquiry against any public servant by its inquiry wing or any agency (including the delhi special police establishment) to ascertain whether there exists a prima facie case for proceeding in the matter:provisions relating to complaints and preliminary inquiry and investigation2545 of 2003provided that the lokpal shall, if it has decided to proceed with the preliminary inquiry by a general or special order, refer the complaints or a category of complaints or a complaint received by it in respect of public servants belonging to group a or group b or group c or group d to the central vigilance commission constituted under sub-section (1) of section 3 of the central vigilance commission act, 2003:30provided further that the central vigilance commission in respect of complaints referred to it under the first proviso, after making preliminary inquiry in respect of public servants belonging to group a and group b, shall submit its report to the lokpal in accordance with the provisions contained in sub-sections (2) and (4) and in case of public servants belonging to group c and group d, the commission shall proceed in accordance the provisions of the central vigilance commission act, 200345 of 200335(2) during the preliminary inquiry referred to in sub-section (1), the inquiry wing or any agency (including the delhi special police establishment) shall conduct a preliminary inquiry and on the basis of material, information and documents collected seek the comments on the allegations made in the complaint from the public servant and the competent authority and after obtaining the comments of the concerned public servant and the competent authority, submit, within sixty days from the date of receipt of the reference, a report to the lokpal40(3) a bench consisting of not less than three members of the lokpal shall consider every report received under sub-section (2) from the inquiry wing or any agency (including the delhi special police establishment), and after giving an opportunity of being heard to the public servant, decide whether there exists a prima facie case, and to proceed with one or more of the following actions, namely:—45(a) investigation by any agency or the delhi special police establishment, as the case may be;(b) initiation of the departmental proceedings or any other appropriate action against the concerned public servants by the competent authority;(c) closure of the proceedings against the public servant and to proceed against the complainant under section 46(4) every preliminary inquiry referred to in sub-section (1) shall ordinarily be completed within a period of ninety days and for reasons to be recorded in writing, within a further period of ninety days from the date of receipt of the complaint5(5) in case the lokpal decides to proceed to investigate into the complaint, it shall direct any agency (including the delhi special police establishment) to carry out the investigation as expeditiously as possible and complete the investigation within a period of six months from the date of its order and submit the investigation report containing its findings to the lokpal:provided that the lokpal may extend the said period by a further period of six months for the reasons to be recorded in writing102 of 1974(6) notwithstanding anything contained in section 173 of the code of criminal procedure, 1973, any agency (including the delhi special police establishment) shall, in respect of cases referred to it by the lokpal, submit the investigation report to the lokpal15(7) a bench consisting of not less than three members of the lokpal shall consider every report received by it under sub-section (6) from any agency (including the delhi special police establishment) and may decide as to—(a) file charge-sheet or closure report before the special court against the publicservant;20(b) initiate the departmental proceedings or any other appropriate action againstthe concerned public servant by the competent authority(8) the lokpal may, after taking a decision under sub-section (7) on the filing of the charge-sheet, direct its prosecution wing to initiate prosecution in the special court in respect of the cases investigated by any agency (including the delhi special police establishment)25(9) the lokpal may, during the preliminary inquiry or the investigation, as the case may be, pass appropriate orders for the safe custody of the documents relevant to the preliminary inquiry or, as the case may be, investigation as it deems fit30(10) the website of the lokpal shall, from time to time and in such manner as may be specified by regulations, display to the public, the status of number of complaints pending before it or disposed of by it(11) the lokpal may retain the original records and evidences which are likely to be required in the process of preliminary inquiry or investigation or conduct of a case by it or by the special court35(12) save as otherwise provided, the manner and procedure of conducting a preliminary inquiry or investigation (including such material and documents to be made available to the public servant) under this act, shall be such as may be specified by regulations21 if, at any stage of the proceeding, the lokpal—| ( ||-----------------|| the accused; or || persons likely || to be || prejudicially || affected to be || heard |40(b) is of opinion that the reputation of any person other than an accused is likelyto be prejudicially affected by the preliminary inquiry,the lokpal shall give to that person a reasonable opportunity of being heard in the preliminary inquiry and to produce evidence in his defence, consistent with the principles of natural justice4522 subject to the provisions of this act, for the purpose of any preliminary inquiry orinvestigation, the lokpal or the investigating agences, as the case may be, may require any public servant or any other person who, in its opinion, is able to furnish information or produce documents relevant to such preliminary inquiry or investigation, to furnish any such information or produce any such documentlokpal may require any public servant or any other person to furnish information, etc2 of 1974 25 of 1946 49 of 19885previous sanction not necessary for investigation and initiating prosecution by lokpal in certain cases23 (1) no sanction or approval of any authority shall be required by the lokpal for conducting a preliminary inquiry or an investigation on the direction of lokpal, under section 197 of the code of criminal procedure, 1973 or section 6a of the delhi special police establishment act, 1946 or section 19 of the prevention of corruption act, 1988, as the case may be, for the purpose of making preliminary inquiry by the inquiry wing or any agency (including the delhi special police establishment) or investigation by any agency (including the delhi special police establishment) into any complaint against any public servant or for filing of any charge sheet or closure report on completion of investigation in respect thereof before the special court under this act102 of 1974 49 of 1988(2) a special court may, notwithstanding anything contained in section 197 of the code of criminal procedure, 1973 or section 19 of the prevention of corruption act, 1988, on filing of a charge sheet in accordance with the provisions of sub-section (7) of section 20, take cognizance of offence committed by any public servant15(3) nothing contained in sub-sections (1) and (2) shall apply in respect of the persons holding office in pursuance of the provisions of the constitution and in respect of which a procedure for removal of such person has been specified therein(4) the provisions contained in sub-sections (1), (2) and (3) shall be without prejudice to the generality of the provisions contained in article 311 and sub-clause (c) of clause (3) of article 320 of the constitution2049 of 198824 (1) where, after the conclusion of the investigation, the findings of the lokpal disclose the commission of an offence under the prevention of corruption act, 1988 by a public servant referred to in clause (a) or clause (b) or clause (c) of sub-section (1) of section 14, the lokpal may file a case in the special court and shall send a copy of the report together with its findings to the competent authority25action on investigation against public servant being prime minister, ministers or members of parliament30(2) the house of the people in the case of prime minister, the prime minister in the case of the minister, the speaker in the case of a member of the house of the people, and the chairman of the council of states in the case of a member of that council shall, as soon as may be, after the receipt of report under sub-section (1), cause the same to be laid before the house of the people or the council of states, as the case may be, while it is in session, and if the house of the people or the council of states, as the case may be, is not in session, within a period of one week from the reassembly of the said house or the council, as the case may be35(3) the competent authority shall examine or cause to be examined the report forwarded to it under sub-section (1) and communicate or cause to be communicated to the lokpal, within a period of ninety days from the date of receipt of the report, the action taken or proposed to be taken on the basis of the report and the reasons for not taking any action on the recommendation of the lokpal40explanation—in computing the period of ninety days referred to in this sub-section, any period during which parliament or, as the case may be, either house of parliament, is not in session, shall be excluded chapter viii45supervisory powers of lokpal25 of 1946 45 of 2003powers of lokpal25 (1) the lokpal shall, notwithstanding anything contained in section 4 of the delhi special police establishment act, 1946 and section 8 of the central vigilance commission act, 2003, have the powers of superintendence and direction, over the delhi special police establishment in respect of the matters referred by the lokpal for preliminary inquiry or investigation to the delhi special police establishment under this act:50provided that while exercising powers of superintendence or giving direction under this sub-section, the lokpal shall not exercise powers in such a manner so as to require any agency (including the delhi special police establishment) to whom the investigation has been given, to investigate and dispose of any case in a particular manner(2) the central vigilance commission shall send a statement, at such interval as the lokpal may direct, to the lokpal in respect of action taken on complaints referred to it under second proviso to sub-section (1) of section 20 and on receipt of such statement, the lokpal may issue guidelines for effective and expeditious disposal of such cases5search andseizure26 (1) if the lokpal has reason to believe that any document which, in its opinion,shall be useful for, or relevant to, any investigation under this act, are secreted in any place, it may authorise any agency (including the delhi special police establishment) to whom the investigation has been given to search for and to seize such documents10(2) if the lokpal is satisfied that any document seized under sub-section (1) may be used as evidence for the purpose of any investigation under this act and that it shall be necessary to retain the document in its custody or in the custody of such officer as may be authorised, it may so retain or direct such authorised officer to retain such document till the completion of such investigation:15 provided that where any document is required to be returned, the lokpal or the authorised officer may return the same after retaining copies of such document duly authenticated5 of 190827 (1) subject to the provisions of this section, for the purpose of any preliminary inquiry, the inquiry wing of lokpal 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:—lokpal to have powers of civil court in certain cases20(i) summoning and enforcing the attendance of any person and examining himon oath;(ii) requiring the discovery and production of any document; (iii) receiving evidence on affidavits; (iv) requisitioning any public record or copy thereof from any court or office; (v) issuing commissions for the examination of witnesses or documents:25provided that such commission, in case of a witness, shall be issued only where the witness, in the opinion of the lokpal, is not in a position to attend the proceeding before the lokpal; and(vi) such other matters as may be prescribed30(2) any proceeding before the lokpal shall be deemed to be a judicial proceeding within the meaning of section 193 of the indian penal code45 of 186028 (1) the lokpal may, for the purpose of conducting any preliminary inquiry or investigation, utilise the services of any officer or organisation or investigation agency of the central government or any state government, as the case may be35power of lokpal to utilise services of officers of central or state government(2) for the purpose of preliminary inquiry or investigating into any matter pertaining to such inquiry or investigation, any officer or organisation or agency whose services are utilised under sub-section (1) may, subject to the superintendence and direction of the lokpal,—(a) summon and enforce the attendance of any person and examine him;40(b) require the discovery and production of any document; and (c) requisition any public record or copy thereof from any office45(3) the officer or organisation or agency whose services are utilised under sub-section(2) shall inquire or, as the case may be, investigate into any matter pertaining to the preliminary inquiry or investigation and submit a report thereon to the lokpal within such period as may be specified by it in this behalfprovisional attachment of assets29 (1) where the lokpal or any officer authorised by it in this behalf, has reason to believe, the reason for such belief to be recorded in writing, on the basis of material in his possession, that—(a) any person is in possession of any proceeds of corruption;(b) such person is accused of having committed an offence relating to corruption;and543 of 1961(c) such proceeds of offence are likely to be concealed, transferred or dealt with in any manner which may result in frustrating any proceedings relating to confiscation of such proceeds of offence, the lokpal or he may, by order in writing, provisionally attach such property for a period not exceeding ninety days from the date of the order, in the manner provided in the second schedule to the income-tax act, 1961 and the lokpal shall be deemed to be an officer under sub-rule (e) of rule 1 of that schedule10 15(2) the lokpal or the officer authorised in this behalf shall, immediately after attachment under sub-section (1), forward a copy of the order, along with the material in his possession, referred to in that sub-section, to the special court, in a sealed envelope, in the manner as may be prescribed and such court may extend the order of attachment and keep such material for such period as the court may deem fit(3) every order of attachment made under sub-section (1) shall cease to have effect after the expiry of the period specified in that sub-section or after the expiry of the period as directed by the special court under sub-section (2)20(4) nothing in this section shall prevent the person interested in the enjoyment of the immovable property attached under sub-section (1) or sub-section (2), from such enjoymentexplanation—for the purposes of this sub-section, "person interested", in relation to any immovable property, includes all persons claiming or entitled to claim any interest in the propertyconfirmation of attachment of assets2530 (1) the lokpal, when it provisionally attaches any property under sub-section (1)of section 29 shall, within a period of thirty days of such attachment, direct its prosecution wing to file an application stating the facts of such attachment before the special court and make a prayer for confirmation of attachment of the property till completion of the proceedings against the public servant in the special court30(2) the special court may, if it is of the opinion that the property provisionally attached had been acquired through corrupt means, make an order for confirmation of attachment of such property till the completion of the proceedings against the public servant in the special court35(3) if the public servant is subsequently acquitted of the charges framed against him, the property, subject to the orders of the special court, shall be restored to the concerned public servant along with benefits from such property as might have accrued during the period of attachment49 of 1988(4) if the public servant is subsequently convicted of the charges of corruption, the proceeds relatable to the offence under the prevention of corruption act, 1988 shall be confiscated and vest in the central government free from any encumbrance or leasehold interest excluding any debt due to any bank or financial institution40explanation—for the purposes of this sub-section, the expressions "bank", "debt"and "financial institution" shall have the meanings respectively assigned to them in clauses (d), (g) and (h) of section 2 of the recovery of debts due to banks and financial institutions act, 199351 of 19934531 (1) without prejudice to the provisions of sections 29 and 30, where the special court, on the basis of prima facie evidence, has reason to believe or is satisfied that the assets, proceeds, receipts and benefits, by whatever name called, have arisen or procured by means of corruption by the public servant, it may authorise the confiscation of such assets, proceeds, receipts and benefits till his acquittal50confiscation of assets, proceeds, receipts and benefits arisen or procured by means of corruption in special circumstances(2) where an order of confiscation made under sub-section (1) is modified or annulled by the high court or where the public servant is acquitted by the special court, the assets, proceeds, receipts and benefits, confiscated under sub-section (1) shall be returned to such public servant, and in case it is not possible for any reason to return the assets, proceeds, receipts and benefits, such public servant shall be paid the price thereof including the money so confiscated with interest at the rate of five per cent per annum thereon calculated from the date of confiscation532 (1) where the lokpal, while making a preliminary inquiry into allegations of corruption, is prima facie satisfied, on the basis of evidence available,—(i) that the continuance of the public servant referred to in clause (d) or clause(e) or clause (f) of sub-section (1) of section 14 in his post while conducting the preliminary inquiry is likely to affect such preliminary inquiry adversely; or10(ii) such public servant is likely to destroy or in any way tamper with the evidenceor influence witnesses,power of lokpal to recommend transfer or suspension of public servant connected with allegation of corruptionthen, the lokpal may recommend to the central government for transfer or suspension of such public servant from the post held by him till such period as may be specified in the order15(2) the central government shall ordinarily accept the recommendation of the lokpalmade under sub-section (1), except for the reasons to be recorded in writing in a case where it is not feasible to do so for administrative reasons33 the lokpal may, in the discharge of its functions under this act, issue appropriate directions to a public servant entrusted with the preparation or custody of any document or record—20| ( | a | ) to protect such document or record from destruction or damage; or ||----------------|-----|-----------------------------------------------------------------------------|| ( | b | ) to prevent the public servant from altering or secreting such document or || record; or | | || power of | | || lokpal to | | || give | | || directions to | | || prevent | | || destruction of | | || records during | | || preliminary | | || inquiry | | |25(c) to prevent the public servant from transferring or alienating any assetsallegedly acquired by him through corrupt means| power ||-----------|| delegate |34 the lokpal may, by general or special order in writing, and subject to such conditions and limitations as may be specified therein, direct that any administrative or financial power conferred on it may also be exercised or discharged by such of its members or officers or employees as may be specified in the order30 chapter ix special courts35 (1) the central government shall constitute such number of special courts, as recommended by the lokpal, to hear and decide the cases arising out of the prevention of corruption act, 1988 or under this act49 of 1988special courts to be notified by centralgovernment35(2) the special courts constituted under sub-section (1) shall ensure completion ofeach trial within a period of one year from the date of filing of the case in the court:40provided that in case the trial cannot be completed within a period of one year, thespecial court shall record reasons therefor and complete the trial within a further period of not more than three months or such further periods not exceeding three months each, for reasons to be recorded in writing before the end of each such three month period, but not exceeding a total period of two years2 of 197445letter of request to a contracting state in certain cases36 (1) notwithstanding anything contained in this act or the code of criminalprocedure, 1973 if, in the course of an preliminary inquiry or investigation into an offence or other proceeding under this act, an application is made to a special court by an officer of the lokpal authorised in this behalf that any evidence is required in connection with the preliminary inquiry or investigation into an offence or proceeding under this act and he is of the opinion that such evidence may be available in any place in a contracting state, and the special court, on being satisfied that such evidence is required in connection with the preliminaryinquiry or investigation into an offence or proceeding under this act, may issue a letter of request to a court or an authority in the contracting state competent to deal with such request to—(i) examine the facts and circumstances of the case;5(ii) take such steps as the special court may specify in such letter of request;and(iii) forward all the evidence so taken or collected to the special court issuing such letter of request10(2) the letter of request shall be transmitted in such manner as the central government may prescribe in this behalf(3) every statement recorded or document or thing received under sub-section (1)shall be deemed to be evidence collected during the course of the preliminary inquiry or investigation chapter x15 complaints against chairperson, members and officials of lokpal37 (1) the lokpal shall not inquire into any complaint made against the chairperson or any memberremoval and suspension of chairperson and members of lokpal20(2) subject to the provisions of sub-section (4), the chairperson or any member shall be removed from his office by order of the president on grounds of misbehaviour after the supreme court, on a reference being made to it—(i) by the president; or (ii) by the president on a petition being signed by at least one hundred members of parliament; or25(iii) by the president on receipt of a petition made by a citizen of india and where the president is satisfied that the petition should be referred, has, on an inquiry held in accordance with the procedure prescribed in that behalf, reported that the chairperson or such member, as the case may be, ought to be removed on such ground30(3) the president may suspend from office the chairperson or any member in respect of whom a reference has been made to the supreme court under sub-section (2) until the president has passed orders on receipt of the report of the supreme court on such reference(4) notwithstanding anything contained in sub-section (2), the president may, by order, remove from the office, the chairperson or any member if the chairperson or such member, as the case may be,—35(a) is adjudged an insolvent; or (b) engages, during his term of office, in any paid employment outside the duties of his office; or(c) is, in the opinion of the president, unfit to continue in office by reason of infirmity of mind or body40(5) if the chairperson or any member is, or becomes, in any way concerned or interested in any contract or agreement made by or on behalf of the government of india or the government of a state or participates in any way in the profit thereof or in any benefit or emolument arising therefrom otherwise than as a member and in common with the other members of an incorporated company, he shall, for the purposes of sub-section (2), be deemed to be guilty of misbehaviourcomplaints against officials of lokpal49 of 198838 (1) every complaint of allegation or wrongdoing made against any officer or employeeor agency (including the delhi special police establishment), under or associated with the lokpal for an offence punishable under the prevention of corruption act, 1988 shall be dealt with in accordance with the provisions of this section5 (2) the lokpal shall complete the inquiry into the complaint or allegation made, withina period of thirty days from the date of its receipt (3) while making an inquiry into the complaint against any officer or employee of the lokpal or agency engaged or associated with the lokpal, if it is prima facie satisfied on the basis of evidence available, that—10(a) continuance of such officer or employee of the lokpal or agency engaged orassociated in his post while conducting the inquiry is likely to affect such inquiry adversely; or(b) an officer or employee of the lokpal or agency engaged or associated islikely to destroy or in any way tamper with the evidence or influence witnesses,15then, the lokpal may, by order, suspend such officer or employee of the lokpal or divest such agency engaged or associated with the lokpal of all powers and responsibilities hereto before exercised by it 49 of 198820(4) on the completion of the inquiry, if the lokpal is satisfied that there is prima facieevidence of the commission of an offence under the prevention of corruption act, 1988 or of any wrongdoing, it shall, within a period of fifteen days of the completion of such inquiry, order to prosecute such officer or employee of the lokpal or such officer, employee, agency engaged or associated with the lokpal and initiate disciplinary proceedings against the official concerned:25provided that no such order shall be passed without giving such officer or employee of the lokpal, such officer, employee, agency engaged or associated, a reasonable opportunity of being heard chapter xi assessment of loss and recovery thereof by special court3049 of 1988assessment of loss and recovery thereof by special court39 if any public servant is convicted of an offence under the prevention of corruptionact, 1988 by the special court, notwithstanding and without prejudice to any law for the time being in force, it may make an assessment of loss, if any, caused to the public exchequer on account of the actions or decisions of such public servant not taken in good faith and for which he stands convicted, and may order recovery of such loss, if possible or quantifiable, from such public servant so convicted:35provided that if the special court, for reasons to be recorded in writing, comes to theconclusion that the loss caused was pursuant to a conspiracy with the beneficiary or beneficiaries of actions or decisions of the public servant so convicted, then such loss may, if assessed and quantifiable under this section, also be recovered from such beneficiary or beneficiaries proportionately40 chapter xii finance, accounts and auditbudget40 the lokpal shall prepare, in such form and at such time in each financial year as may be prescribed, its budget for the next financial year, showing the estimated receipts and expenditure of the lokpal and forward the same to the central government for information45grants by central government41 the central government may, after due appropriation made by parliament by law inthis behalf, make to the lokpal grants of such sums of money as are required to be paid for the salaries and allowances payable to the chairperson and members and the administrative expenses, including the salaries and allowances and pension payable to or in respect of officers and other employees of the lokpalannual statement of accounts42 (1) the lokpal shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed by the central government in consultation with the comptroller and auditor-general of india5(2) the accounts of the lokpal shall be audited by the comptroller and auditor-general of india at such intervals as may be specified by him10(3) the comptroller and auditor-general of india or any person appointed by him in connection with the audit of the accounts of the lokpal under this act shall have the same rights, privileges and authority in connection with such audit, as the comptroller and auditor- general of india generally has, in connection with the audit of the government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the lokpal15(4) the accounts of the lokpal, 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 parliamentfurnishing of returns, etc, to central government43 the lokpal shall furnish to the central government, at such time and in such form and manner as may be prescribed or as the central government may request, such returns and statements and such particulars in regard to any matter under the jurisdiction of the lokpal, as the central government may, from time to time, require20 chapter xiii declaration of assetsdeclaration of assets44 (1) every public servant shall make a declaration of his assets and liabilities in the manner as provided by or under this act25(2) a public servant shall, within a period of thirty days from the date on which he makes and subscribes an oath or affirmation to enter upon his office, furnish to the competent authority the information relating to—(a) the assets of which he, his spouse and his dependent children are, jointly or severally, owners or beneficiaries;(b) his liabilities and that of his spouse and his dependent children30(3) a public servant holding his office as such, at the time of the commencement of this act, shall furnish information relating to such assets and liabilities, as referred to in subsection (2) to the competent authority within thirty days of the coming into force of this act(4) every public servant shall file with the competent authority, on or before the 31st july of every year, an annual return of such assets and liabilities, as referred to in sub-section (2), as on the 31st march of that year35(5) the information under sub-section (2) or sub-section (3) and annual return under sub-section (4) shall be furnished to the competent authority in such form and in such manner as may be prescribed40(6) the competent authority in respect of each office or department shall ensure that all such statements are published on the website of such officer or department by 31st august of that yearexplanation—for the purposes of this section, "dependent children" means sons and daughters who have no separate means of earning and are wholly dependent on the public servant for their livelihood45 if any public servant wilfully or for reasons which are not justifiable, fails to—| ( ||----------------|| presumption || as to || acquisition of || assets by || corrupt || means in || certain cases |5| ( ||--------------------------------------------------------------------------------------|| possession of assets not disclosed or in respect of which misleading information was || furnished, |then, such assets shall, unless otherwise proved, be presumed to belong to the public servant and shall be presumed to be assets acquired by corrupt means:provided that the competent authority may condone or exempt the public servant from furnishing information in respect of assets not exceeding such minimum value as may be prescribed10 chapter xiv offences and penalties1546 (1) notwithstanding anything contained in this act, whoever makes any false and frivolous or vexatious complaint under this act shall, on conviction, be punished with imprisonment for a term which may extend to one year and with fine which may extend to one lakh rupeesprosecution for false complaint and payment of compensation, etc, to public servant(2) no court, except a special court, shall take cognizance of an offence under subsection (1)20(3) no special court shall take cognizance of an offence under sub-section (1) except on a complaint made by a person against whom the false, frivolous or vexatious complaint was made or by an officer authorised by the lokpal(4) the prosecution in relation to an offence under sub-section (1) shall be conducted by the public prosecutor and all expenses connected with such prosecution shall be borne by the central government25(5) in case of conviction of a person [being an individual or society or association ofpersons or trust (whether registered or not)], for having made a false complaint under this act, such person shall be liable to pay compensation to the public servant against whom he made the false complaint in addition to the legal expenses for contesting the case by such public servant, as the special court may determine30(6) nothing contained in this section shall apply in case of complaints made in good faith45 of 1860explanation—for the purpose of this sub-section, the expression "good faith" shall have the same meaning assigned to it in section 52 of the indian penal code35false complaint made by society or association of persons or trust47 (1) where any offence under sub-section (1) of section 46 has been committed by any society or association of persons or trust (whether registered or not), every person who, at the time the offence was committed, was directly in charge of, and was responsible to, the society or association of persons or trust, for the conduct of the business or affairs or activities of the society or association of persons or trust as well as such society or association of persons or trust shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:40provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this act, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence45(2) notwithstanding anything contained in sub-section (1), where an offence underthis act has been committed by a society or association of persons or trust (whether registered or not) and it is proved that the offence has been committed with the consent orconnivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of such society or association of persons or trust, 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 accordingly5 chapter xv miscellaneous| reports | of ||---------------------------------------------------------------------------------------------|-------------------------------------------------------------------------------------|| lokpal | || 10 | || 48 | it shall be the duty of the lokpal to present annually to the president a report on || the work done by the lokpal and on receipt of such report the president shall cause a copy | || thereof together with a memorandum explaining, in respects of the cases, if any, where the | || advice of the lokpal was not accepted, the reason for such non-acceptance to be laid before | || each house of parliament | || 15 | |49 of 198849 the lokpal shall function as the final appellate authority in respect of appeals arising out of any other law for the time being in force providing for delivery of public services and redressal of public grievances by any public authority in cases where the decision contains findings of corruption under the prevention of corruption act, 1988lokpal to function as appellate authority for appeals arising out of any other law for the time being in force50 no suit, prosecution or other legal proceedings under this act shall lie against any public servant, in respect of anything which is done in good faith or intended to be done in the discharge of his official functions or in exercise of his powersprotection of action taken in good faith by any public servant20protection of action taken in good faith by others51 no suit, prosecution or other legal proceedings shall lie against the lokpal or against any officer, employee, agency or any person, in respect of anything which is done in good faith or intended to be done under this act or the rules or the regulations made thereunder2545 of 186052 the chairperson, members, officers and other employees of the lokpal shall be deemed, when acting or purporting to act in pursuance of any of the provisions of this act, to be public servants within the meaning of section 21 of the indian penal codemembers, officers and employees oflokpal to bepublic servants limitation to apply in certain cases53 the lokpal shall not inquire or investigate into any complaint, if the complaint ismade after the expiry of a period of seven years from the date on which the offence mentioned in such complaint is alleged to have been committed30bar of jurisdiction54 no civil court shall have jurisdiction in respect of any matter which the lokpal isempowered by or under this act to determinelegal assistance55 the lokpal shall provide to every person against whom a complaint has beenmade, before it, under this act, legal assistance to defend his case before the lokpal, if such assistance is requested for35act to have overriding effect56 the provisions of this act shall have effect notwithstanding anything inconsistenttherewith contained in any enactment other than this act or in any instrument having effect by virtue of any enactment other than this act57 the provisions of this act shall be in addition to, and not in derogation of, anyother law for the time being in forceprovisions of this act to be in addition of other laws 58 the enactments specified in the schedule shall be amended in the manner specified thereinamendment of certain enactmentspower to make rules59 (1) the central government may, by notification in the official gazette, make rules to carry out the provisions of this act5(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 form of complaint referred to in clause (d) of sub-section (1) of section 2;10(b) the term of the search committee, the fee and allowances payable to itsmembers and the manner of selection of panel of names under sub-section (5) ofsection 4;(c) the post or posts in respect of which the appointment shall be made afterconsultation with the union public service commission under the proviso to subsection (3) of section 10;15(d) other matters for which the lokpal shall have the powers of a civil courtunder clause (vi) of sub-section (1) of section 27;(e) the manner of sending the order of attachment along with the material to thespecial court under sub-section (2) of section 29;(f) the manner of transmitting the letter of request under sub-section (2) ofsection 36;20(g) the form and the time for preparing in each financial year the budget for thenext financial year, showing the estimated receipts and expenditure of the lokpal under section 40;(h) the form for maintaining the accounts and other relevant records and theform of annual statement of accounts under sub-section (1) of section 42;25(i) the form and manner and the time for preparing the returns and statementsalong with particulars under sub-section (1) of section 43;(j) the form and the time for preparing an annual report giving a summary of itsactivities during the previous year under sub-section (2) of section 43;30(k) the form of annual return to be filed by a public servant under sub-section (5)of section 44;(l) the minimum value for which the competent authority may condone or exempta public servant from furnishing information in respect of assets under the proviso to section 45;(m) any other matter which is to be or may be prescribed3560 (1) subject to the provisions of this act and the rules made thereunder, the lokpal may, by notification in the official gazette, make regulations to carry out the provisions of this actpower of lokpal to make regulations(2) in particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:—40(a) the conditions of service of the secretary and other officers and staff of thelokpal and the matters which in so far as they relate to salaries, allowances, leave orpensions, require the approval of the president under sub-section (4) of section 10;(b) the place of sittings of benches of the lokpal under clause (f) of sub-section(1) of section 16;(c) the manner for displaying on the website of the lokpal, the status of all complaints pending or disposed of along with records and evidence with reference thereto under sub-section (9) of section 20;5(d) the manner and procedure of conducting an preliminary inquiry or investigation under sub-section (11) of section 20;(e) any other matter which is required to be, or may be, specified under this actlaying of rules and regulations1061 every rule and regulation made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or regulation, or both houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation15power to remove difficulties62 (1) if any difficulty arises in giving effect to the provisions of this act, the central government may, by order, published in the official gazette, make such provisions not inconsistent with the provisions of this act, as may appear to be necessary for removing the difficulty:20provided that no such order shall be made under this section after the expiry of a period of two years from the commencement of this act(2) every order made under this section shall be laid, as soon as may be after it is made, before each house of parliament part iii25 lokayukta for a state chapter i definitionsdefinitions63 (1) in this part unless the context otherwise requires,—(a) "bench" means a bench of the lokayukta; (b) "chairperson" means the chairperson of the lokayukta;30(c) "competent authority", in relation to—(i) the chief minister, means the legislative assembly of the state; (ii) a member of the council of ministers, means the chief minister; (iii) a member of state legislature other than a minister means—35(a) in the case of a member of the legislative council, the chairman of that council; and(b) in the case of a member of the legislative assembly, the speaker of that house;40(iv) an officer in the ministry or department of the state government means the minister in charge of the ministry or department under which such officer is serving;(v) a chairperson or members of any body, or board or corporation or authority or company or society or autonomous body (by whatever name called) established or constituted under an act of parliament or of a state legislature or wholly or partly financed by the central government or the state government or45controlled by it, means the minister in charge of the administrative ministry of such body, or board or corporation or authority or company or society or autonomous body;5(vi) an officer of any body or board or corporation or authority or companyor society or autonomous body (by whatever name called) established or constituted under an act of parliament or of a state legislature or wholly or partly financed by the central government or the state government or controlled by it, means the head of such body or board or corporation or authority or company or society or autonomous body;10(vii) in any other case not falling under sub-clauses (i) to (v) above, meanssuch department or authority as the state government may by notification specify:15provided that if any person referred to in sub-clause (iv) or sub-clause (v)is also a member of the state legislature, then the competent authority shall be—(a) in case such member is a member of the legislative council, the chairman of that council; and(b) in case such member is a member of the legislative assembly, the speaker of that house;20(f)"investigation" means an investigation defined under clause (h) ofsection 2 of the code of criminal procedure, 1973;2 of 1974(g) "judicial member" means a judicial member of the lokayukta appointedas such;(h) "lokayaukta" means the body established under section 64;25(i) "member" means a member of the lokayaukta; (j) "minister" means minister of a state government but does not includethe chief minister;(k) "preliminary inquiry" means an inquiry conducted under this act bythe lokayukta;3049 of 1988(2) the words and expressions used herein and not defined in this part but defined in section 2 of this act or defined in the prevention of corruption act, 1988, shall have the meanings respectively assigned to them in the said acts chapter ii establishment of lokayukta35establishment of lokayukta64 (1) as from the commencement of this act, there shall be established in a state, by notification in the official gazette, for the purpose of making preliminary inquiry, investigation and prosecution in respect of complaints made under this act, a body to be called the "lokayukta"(2) the lokayukta shall consist of—40(a) a chairperson, who is or has been a chief justice of the high court or a judgeof the high court or an eminent person who fulfils the eligibility specified in clause (b)of sub-section (3); and(b) such number of members, not exceeding eight out of whom fifty per centshall be judicial members:provided that not less than fifty per cent of the members of the lokayukta shall be from amongst the persons belonging to the scheduled castes, the scheduled tribes, other backward classes, and women (3) a person shall be eligible to be appointed,—5(a) as a judicial member if he is or has been a judge of the high court; (b) as a member other than a judicial member, if he is a person of impeccable integrity, outstanding ability having special knowledge and expertise of not less than twenty-five years in the matters relating to anti-corruption policy, public administration, vigilance, finance including insurance and banking, law, and management10(4) the chairperson or a member shall not be —(i) a member of parliament or a member of the legislature of any state or union territory;(ii) a person convicted of any offence involving moral turptitude; (iii) a person of less than forty-five years of age, on the date of assuming office as chairperson or member, as the case may be;15(iv) a member of any panchayat or municipality; (v) a person who has been removed or dismissed from service of the union or a state,20and shall not hold any office of trust or profit (other than his office as the chairperson or a member) or be connected with any political party or carry on any business or practise any profession and accordingly, before he enters upon his office, a person appointed as the chairperson or a member, as the case may be, shall, if —(a) he holds any office of trust or profit, resign from such office; or25(b) he is carrying on any business, sever his connection with the conduct and management of such business; or(c) he is practising any profession, cease to practise such profession30(5) the lokayukta or state lokpal (by whatever name called) constituted under any state law for the time being in force, before the commencement of this act, and applicable to that state, shall continue to discharge their function and exercise powers conferred upon them under that law in respect of that state until such law is amended or repealed by the state legislature so as to bring in conformity with this act65 (1) the chairperson and members shall be appointed by the governor after obtaining the recommendations of a selection committee consisting of—(a) the chief minister - chairperson; (b) the speaker of the legislative assembly - member;35(c) the leader of opposition in the legislative assembly - member;appointment of chairperson and members and on recommendation of selection committee(d) the chief justice of the high court of the state or a judge of the high court nominated by him - member;(e) an eminent jurist nominated by the governor - member;40(2) no appointment of a chairperson or a member shall be invalid merely by reason of any vacancy in the selection committee45(3) the selection committee shall for the purposes of selecting the chairperson and members of the lokayukta and for preparing a panel of persons to be considered for appointment as such, constitute a search committee consisting of at least seven persons of standing and having special knowledge and expertise in the matters relating to anti-corruption policy, public administration, vigilance, policy making, finance including insurance and banking, law, and management, or in any other matter which, in the opinion of the selection committee, may be useful in making selection of the chairperson and members of the lokayukta:5provided that not less than fifty per cent of the members of the search committeeshall be from amongst the persons belonging to the scheduled castes, the scheduled tribes, other backward classes and women:provided further that the selection committee may also consider any person other than the persons recommended by the search committee10(4) the selection committee shall regulate its own procedure for selecting thechairperson and members of the lokayukta which shall be transparent(5) the term of the search committee referred to in sub-section (3), the fees and allowances payable to its members and the manner of selection of panel of names shall be such as may be prescribed15filling of vacancies of chairperson or members66 the governor shall take or cause to be taken all necessary steps for the appointmentof a new chairperson and members at least three months before the expiry of the term of such chairperson or member, as the case may be, in accordance with the procedure laid down in this act20term of office of chairperson and members67 the chairperson and every member shall, on the recommendations of the selectioncommittee, be appointed by the governor by warrant under his hand and seal and hold office as such 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:provided that he may—(a) by writing under his hand addressed to the governor, resign his office; or25(b) be removed from his office in the manner provided in this act68 the salary, allowances and other conditions of service of-(i) the chairperson shall be the same as those of the chief justice of the high court;(ii) other members shall be the same as those of a judge of the high court:salary, allowances and other conditions of service of chairperson and members30provided that if the chairperson or a member is, at the time of his appointment, inreceipt of pension (other than disability pension) in respect of any previous service under the government of india or under the government of a state, his salary in respect of service as the chairperson or, as the case may be, as a member, be reduced—(a) by the amount of that pension; and35(b) if he has, before such appointment, received, in lieu of a portion of thepension due to him in respect of such previous service, the commuted value thereof, by the amount of that portion of the pension:40provided further that the salary, allowances and pension payable to, and other conditions of service of, the chairperson or a member shall not be varied to his disadvantage after his appointment69 (1) on ceasing to hold office, the chairperson and every member shall be ineligible for—(i) re-appointment as the chairperson or a member of the lokayukta;45restriction on employment by chairperson and members after ceasing to hold office(ii) any diplomatic assignment, appointment as administrator of a union territoryand such other assignment or appointment which is required by law to be made by the governor by warrant under his hand and seal;(iii) further employment to any other office of profit under the government of india or the government of a state;(iv) contesting any election of president or vice president or member of either house of parliament or member of either house of a state legislature or municipality or panchayat within a period of five years from the date of relinquishing the post5(2) notwithstanding anything contained in sub-section (1), a member shall be eligible to be appointed as a chairperson, if his total tenure as member and chairperson does not exceed five years10explanation— for the purposes of this section, it is hereby clarified that where the member is appointed as the chairperson, his term of office shall not be more than five years in aggregate as the member and the chairperson1570 (1) in the event of occurrence of any vacancy in the office of the chairperson by reason of his death, resignation or otherwise, the governor may, by notification, authorise the senior-most member to act as the chairperson until the appointment of a new chairperson to fill such vacancymember to act as chairperson or to discharge his functions in certain circumstances(2) when the chairperson is unable to discharge his functions owing to absence on leave or otherwise, the senior-most member available, as the governor may, by notification, authorise in this behalf, shall discharge the functions of the chairperson until the date on which the chairperson resumes his duties2071 (1) there shall be a secretary to the lokayukta in the rank of secretary to the state government, who shall be appointed by the chairperson from a panel of names sent by the state governmentsecretary, other officers and staff of lokayukta25(2) there shall be a director of inquiry and director of prosecution not below the rank of the additional secretary to the state government or equivalent, who shall be appointed by the chairperson from a panel of names sent by the state government(3) the appointment of secretary and other officers and staff of the lokayukta shall be made by the chairperson or such member or officer of lokayukta as the chairperson may direct:30provided that the governor may by rule require that the appointment in respect of any post or posts as may be specified in the rule, shall be made after consultation with the state public service commission(4) subject to the provisions of any law made by the state legislature, the conditions of service of secretary and other officers and staff of the lokayukta shall be such as may be specified by regulations made by the lokayukta for the purpose:35provided that the regulations made under this sub-section shall, so far as they relate tosalaries, allowances, leave or pensions, require the approval of the governor chapter iii inquiry winginquiry wing4072 (1) notwithstanding anything contained in any law for the time being in force, thelokayukta shall constitute an inquiry wing headed by the director of inquiry for the purpose of conducting preliminary inquiry into any offence alleged to have been committed by a public servant punishable under the prevention of corruption act, 1988:49 of 198845provided that till such time the inquiry wing is constituted by the lokayukta, the stategovernment shall make available such number of officers and other staff from such of its ministries or departments, as may be required by the lokayukta, for conducting preliminary inquiry under this act(2) for the purposes of assisting the lokayukta in conducting a preliminary inquiry under this act, the officers of the inquiry wing not below the rank of under secretary to that government, shall have the same powers as are conferred upon the lokayukta under section 88 5 chapter iv prosecution wingappointment73 (1) the lokayukta shall, by notification, constitute a prosecution wing headed by the director of prosecution for the purpose of prosecution of public servants in relation to any complaint by the lokayukta under this act:10provided that till such time the prosecution wing is constituted by the lokayukta, thestate government shall make available such number of officers and other staff from such of its ministries or departments, as may be required by the lokayukta, for conducting prosecution under this act1549 of 1988(2) the director of prosecution shall, after having been so directed by the lokayukta, file a case in accordance with the investigation report, before the special court, and take all necessary steps in respect of the prosecution of public servants in relation to any offence punishable under the prevention of corruption act, 19882 of 1974(3) the report under sub-section (2) shall be deemed to be a report, filed on completion of investigation, referred to in section 173 of the code of criminal procedure, 1973 20 chapter v expenses of lokayukta to be charged on consolidated fund of state74 the administrative expenses of the lokayukta, including all salaries, allowances and pensions payable to or in respect of the chairperson, members or secretary or other officers or staff of the lokayukta, shall be charged upon the consolidated fund of state and any fees or other moneys taken by the lokayukta shall form part of that fund25expenses of lokayukta to be charged on consolidated fund of state chapter vi jurisdiction in respect of inquiry75 (1) subject to the other provisions of this act, the lokayukta shall inquire or cause an inquiry to be conducted into any matter involved in, or arising from, or connected with, any allegation of corruption made in a complaint in respect of the following, namely:—30(a) any person who is or has been a chief minister;(b) any other person who is or has been a minister of the state; (c) any person who is or has been a member of the state legislature;35jurisdiction of lokayukta to include chief minister, ministers, members of legislatures, officers and employees of state government(d) all officers and employees of the state, from amongst the public servantsdefined in sub-clause (i) and (ii) of clause (c) of section 2 of the prevention of corruptionact, 1988 when serving or who has served, in connection with the affairs of the state;49 of 198840(e) all officers and employees referred to in clause (d) or equivalent in any bodyor board or corporation or authority or company or society or trust or autonomous body (by whatever name called) established by an act of parliament or of a state legislature or wholly or partly financed by the state government or controlled by it;45(f) any person who is or has been a director, manager, secretary or other officerof every other society or association of persons or trust (whether registered under any law for the time being in force or not), by whatever name called, wholly or partly financed or aided by the state government and the annual income of which exceeds such amount as the state government may by notification specify;542 of 2010(g) any person who is or has been a director, manager, secretary or other officer of every other society or association of persons or trust (whether registered under any law for the time being in force or not) in receipt of any donation from the public and the annual income of which exceeds such amount as the state government may by notification specify or from any foreign source under the foreign contribution (regulation) act, 2010 in excess of ten lakh rupees in a year or such higher amount as the central government may by notification specify;10explanation—for the purpose of clauses (f) and (g), it is herby clarified that any entity or institution, by whatever name called, corporate, society, trust, association of persons, partnership, sole proprietorship, limited liability partnership (whether registered under any law for the time being in force or not), shall be the entities covered in those clauses:49 of 1988provided that any person referred to in this clause shall be deemed to be a public servant under clause (c) of section 2 of the prevention of corruption act, 1988 and the provisions of that act shall apply accordingly:15provided further that nothing in clauses (e) and (f) and this clause shall apply to any society or association of persons or trust constituted for religious purpose20(2) notwithstanding anything contained in sub-section (1), the lokayukta shall not inquire into any matter involved in, or arising from, or connected with, any such allegation of corruption against any member of the state legislature in respect of anything said or a vote given by him in the state legislature or any committee thereof covered under the provisions contained in clause (2) of article 194 of the constitution(3) the lokayukta may inquire into any act or conduct of any person other than those referred to in sub-section (1), if such person is involved in the act of abetting, bribe giving or bribe taking or conspiracy relating to any allegation of corruption under the prevention of corruption act, 1988 against a person referred to in sub-section (1):49 of 198825provided that, no action under this section shall be taken in case of a person serving in connection with the affairs of the union, without the consent of the central government(4) no matter in respect of which a complaint has been made to the lokayukta under this act, shall be referred for inquiry under the commissions of inquiry act, 195260 of 195230explanation—for the removal of doubts, it is hereby declared that a complaint under this act shall only relate to a period during which the public servant was holding or serving in that capacity49 of 19883576 in case any matter or proceeding related to allegation of corruption under the prevention of corruption act, 1988 has been pending before any court or committee of the state legislature or before any other authority prior to commencement of this act or prior to commencement of any inquiry after the commencement of this act, such matter or proceeding shall be continued before such court, committee or authoritymatters pending before any court or committee or authority for inquiry before lokayukta not to be affected77 (1) subject to the provisions of this act, —constitution of benches of lokayukta(a) the jurisdiction of the lokayukta may be exercised by benches thereof;40(b) a bench may be constituted by the chairperson with two or more members as the chairperson may deem fit;(c) every bench shall ordinarily consist of at least one judicial member;(d) where a bench consists of the chairperson, such bench shall be presided over by the chairperson;(e) where a bench consists of a judicial member, and a non-judicial member, not being the chairperson, such bench shall be presided over by the judicial member;5(f) the benches of the lokayukta shall ordinarily sit at capital of the state and atsuch other places as the lokayukta may, by regulations, specify(2) the lokayukta shall notify the areas in relation to which each bench of the lokayukta may exercise jurisdiction10(3) notwithstanding anything contained in sub-section (2), the chairperson shall have the power to constitute or reconstitute benches from time to time15(4) if at any stage of the hearing of any case or matter it appears to the chairperson or a member that the case or matter is of such nature that it ought to be heard by a bench consisting of three or more members, the case or matter may be transferred by the chairperson or, as the case may be, referred to him for transfer, to such bench as the chairperson may deem fit78 where benches are constituted, the chairperson may, from time to time, by notification, make provisions as to the distribution of the business of the lokayukta amongst the benches and also provide for the matters which may be dealt with by each benchdistribution of business amongst benches20power of chairperson to transfer cases79 on an application for transfer made by the complainant or the public servant, the chairperson, after giving an opportunity of being heard to the complainant or the public servant, as the case may be, may transfer any case pending before one bench for disposal to any other benchdecision to be by majority2580 if the members of a bench consisting of an even number of members differ in opinion on any point, they shall state the point or points on which they differ, and make a reference to the chairperson who shall either hear the point or points himself or refer the case for hearing on such point or points by one or more of the other members of the lokayukta and such point or points shall be decided according to the opinion of the majority of the members of the lokayukta who have heard the case, including those who first heard it chapter vii30 procedure in respect of preliminary inquiry and investigation3581 (1) the lokayukta shall, on receipt of a complaint, first decide whether to proceed in the matter or close the same and if the lokayukta decides to proceed further, it shall order the preliminary inquiry against any public servant by its inquiry wing or any agency (including any special investigation agency) to ascertain whether there exist a prima facie case for proceeding in the matterprovisions relating to complaints and preliminary inquiry and investigation40(2) during the preliminary inquiry referred to in sub section (1), the inquiry wing or any agency shall conduct a preliminary inquiry and on the basis of material, information and documents collected seek the comments on the allegations made in the complaint from the public servant and competent authority and after obtaining the comments of the concerned public servant and competent authority, submit, within sixty days from the date of receipt of the reference, a report to the lokayukta45(3) a bench consisting of not less than three members of the lokayukta shall consider every report received under sub-section (2) from the inquiry wing or any agency and after giving an opportunity of being heard to the public servant, decide as to whether there exists a prima facie case, and make recommendations to proceed with one or more of the following actions, namely:—(a) investigation by its investigation wing or any investigating agency; (b) initiation of the departmental proceedings or any other appropriate actionagainst the concerned public servants by the competent authority;(c) closure of the proceedings against the public servant and take action to proceed against the complainant under section 465(4) every preliminary inquiry referred to in sub-section (1) shall ordinarily be completed within a period of ninety days and for reasons to be recorded in writing, within a further period of ninety days from the date of receipt of the complaint(5) in case the lokayukta decides to proceed to investigate into the complaint, it shall either direct any investigation agency (including any special agency) to carry out the investigation as expeditiously as possible and complete the investigation within a period of six months from the date of its order: ,10provided that the lokayukta may extend the said period by a further period of six months for the reasons to be recorded in writing2 of 1974(6) notwithstanding anything contained in section 173 of the code of criminal procedure, 1973, any agency (including any special agency) shall, in respect of cases referred to it by the lokayukta, submit the investigation report to the lokayukta15(7) a bench consisting of not less than three members of the lokayukta shall consider every report received by it under sub-section (4) from the investigation wing or any other agency and may, decide as to—(a) file charge-sheet or closure report before the special court against the public servant;20(b) initiate the departmental proceedings or any other appropriate action against the concerned public servants by the competent authority (8) the lokayukta may, after taking a decision under sub-section (6) on the filing of the charge-sheet, direct,—25(a) its prosecution wing to initiate prosecution in the special court in respect of the cases investigated by the investigation agency (including any special agency); or(b) any other agency in respect of the cases investigated by such agency on the direction of lokayukta to obtain its approval and thereafter initiate prosecution in the special court and forward a copy of charge-sheet filed by it under this clause to the lokayukta for the purposes of superintendence 30(9) the lokayukta may, during the preliminary inquiry or the investigation, as the case may be, pass appropriate orders for the safe custody of the documents relevant to the preliminary inquiry or, as the case may be investigation as it deems fit35(10) the website of the lokayukta shall, from time to time and in such manner as may be specified by regulations, display to the public, the status of number of complaints pending before it or disposed of by it(11) the lokayukta may retain the original records and evidences, which are likely to be required in the process of preliminary inquiry or investigation or conduct of a case by it or by the special court40(12) save as otherwise provided, the manner and procedure of conducting a preliminary inquiry or investigation (including such material and documents to be made available to the public servant) under this act, shall be such as may be specified by regulations82 if, at any stage of the proceeding, the lokayukta—(a) considers it necessary to inquire into the conduct of any person other than the prospective accused; or persons likely to be prejudicially affected to be heard45(b) is of opinion that the reputation of any person other than an accused is likely to be prejudicially affected by the preliminary inquiry, the lokayukta shall give to that person a reasonable opportunity of being heard in the preliminary inquiry and to produce evidence in his defence, consistent with the principles of natural justice83 subject to the provisions of this act, for the purpose of any preliminary inquiry or investigation, the lokayukta or the investigating authority, as the case may be, may require any public servant or any other person who, in its opinion, is able to furnish information or produce documents relevant to such preliminary inquiry or investigation, to furnish any such information or produce any such document5lokayukta may require any public servant or any other person to furnish information, etc2 of 197449 of 198810previous sanction not necessary for investigation and initiating prosecution by lokayukta in certain cases84 (1) no sanction or approval of any authority shall be required by the lokayukta for conducting investigation by any agency in respect of the cases investigated by such agency on the direction of the lokayukta, under section 197 of the code of criminal procedure, 1973 or section 19 of the prevention of corruption act, 1988, as the case may be, for the purpose of making preliminary inquiry by the inquiry wing or investigation by any agency into any complaint against any public servant or for filing of any charge sheet or closure report on completion of investigation in respect thereof before the special court under this act2 of 1974 49 of 198815(2) a special court may, notwithstanding anything contained in section 197 of the code of criminal procedure, 1973 or section 19 of the prevention of corruption act, 1988, on filing of a charge sheet on completion of investigation, by the lokayukta or any officer authorised by it in this behalf, take cognizance of offence committed by any public servant(3) nothing contained in sub-sections (1) and (2) shall apply in respect of the persons holding the office in pursuance of the provisions of the constitution and in respect of which a procedure for removal of such person has been specified therein20(4) the provisions contained in sub-sections (1), (2) and (3) shall be without prejudice to the generality of the provisions contained in article 311 and sub-clause (c) of clause (3) of article 320 of the constitution2549 of 198885 (1) where, after the conclusion of the preliminary inquiry or investigation, the findings of the lokayukta disclose the commission of an offence under the prevention of corruption act, 1988 by a public servant referred to in clause (a) or clause (b) of sub-section(1) of section 75, the lokayukta may file a case in the special court and shall send a copy of the report together with its findings to the competent authorityaction on inquiry against public servant being chief minister, ministers or members of state legislature3035(2) the legislative assembly of the state in the case of chief minister, the chief minister, in the case of the minister, the speaker in the case of a member of the legislative assembly, and the chairman of the legislative council of the state, where it exists, in the case of a member of that council shall, as soon as may be, after the receipt of report under sub-section (1), cause the same to be laid before the legislative assembly or the legislative council, as the case may be, while it is in session, and if the legislative assembly or the legislative council, is not in session, within a period of one week from the reassembly of the said assembly or as the case may be the council(3) the competent authority shall examine the report forwarded to it under sub-section(1) and communicate to the lokayukta, within a period of ninety days from the date of receipt of the report, the action taken or proposed to be taken on the basis of the report and the reasons for not taking any action on the recommendation of the lokayuktaexplanation— in computing the period of ninety days referred to in this sub-section, any period during which the state legislature is not in session, shall be excluded chapter viii powers of lokayukta5supervisory powers of lokayukta86 the lokayukta shall, notwithstanding anything contained in any other law for thetime being in force, have the powers of superintendence and direction, over the investigation agency in respect of the maters in so far as they relate to the investigation by such agency under this actsearch and seizure1087 (1) if the lokayukta has reason to believe that any document which, in its opinion,shall be useful for, or relevant to, any investigation under this act, are secreted in any place, it may authorise any agency to whom the investigation has been given to search for and to seize such documents15(2) if the lokayukta is satisfied that any document seized under sub-section (1) may be used as evidence for the purpose of any preliminary inquiry or investigation under this act and that it shall be necessary to retain the document in its custody or in the custody of such officer as may be authorised, it may so retain or direct such authorised officer to retain such document till the completion of such preliminary inquiry or investigation:20provided that where any document is required to be returned, the lokayukta or the authorised officer may return the same after retaining copies of such document duly authenticated5 of 190888 (1) subject to the provisions of this section, for the purpose of any preliminary inquiry, the inquiry wing of the lokayukta 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:—lokayukta to have powers of civil court in certain cases| ( | i | ) summoning and enforcing the attendance of any person and examining him ||---------------------------------------------------------------------------------------------|-----|------------------------------------------------------------------------------|| on oath; | | || 25 | | || ( | ii | ) requiring the discovery and production of any document; || ( | iii | ) receiving evidence on affidavits; || ( | iv | ) requisitioning any public record or copy thereof from any court or office; || ( | v | ) issuing commissions for the examination of witnesses or documents: || 30 | | || provided that such commission, in case of a witness, shall be issued only where | | || the witness, in the opinion of the lokayukta, is not in a position to attend the proceeding | | || before the lokayukta; and | | |(vi) such other matters as may be prescribed3545 of 1860(2) any proceeding before the lokayukta shall be deemed to be a judicial proceeding within the meaning of section 193 of the indian penal code89 (1) the lokayukta may, for the purpose of conducting any preliminary inquiry or investigation, utilise the services of any officer or organisation or investigation agency of the state governmentpower of lokayukta to utilise services of officers of state government40(2) for the purpose of preliminary inquiry or investigating into any matter pertaining to such inquiry or investigation, any officer or organisation or agency whose services are utilised under sub-section (1) may, subject to the direction and control of the lokayukta,-(a) summon and enforce the attendance of any person and examine him; (b) require the discovery and production of any document; and (c) requisition any public record or copy thereof from any office(3) the officer or organisation or agency whose services are utilised under sub-section(2) shall inquire or, as the case may be investigate into any matter pertaining to the preliminary inquiry or investigation and submit a report thereon to the lokayukta within such period as may be specified by it in this behalf5provisional attachment of assets90 (1) where the lokayukta or any investigation officer authorised by it in this behalf, has reason to believe, the reason for such belief to be recorded in writing, on the basis of material in his possession, that—(a) any person is in possession of any proceeds of corruption;10(b) such person is accused of having committed an offence relating to corruption;and1543 of 1961(c) such proceeds of offence are likely to be concealed, transferred or dealt with in any manner which may result in frustrating any proceedings relating to confiscation of such proceeds of offence, he may, by order in writing, provisionally attach such property for a period not exceeding ninety days from the date of the order, in the manner provided in the second schedule to the income-tax act, 1961 and the lokayukta shall be deemed to be an officer under sub-rule (e) of rule 1 of that schedule20(2) the lokayukta shall, immediately after attachment under sub-section (1), forward a copy of the order, along with the material in his possession, referred to in that sub-section, to the special court, in a sealed envelope, in the manner as may be prescribed and such court may extend the order of attachment and keep such material for such period as the court may deem fit(3) every order of attachment made under sub-section (1) shall cease to have effect after the expiry of the period specified in that sub-section or after the expiry of the period as directed by the special court under sub-section (2)25(4) nothing in this section shall prevent the person interested in the enjoyment of theimmovable property attached under sub-section (1) or sub-section (2), from such enjoymentexplanation—for the purposes of this sub-section, "person interested", in relation to any immovable property, includes all persons claiming or entitled to claim any interest in the property30confirmation of attachment of assets91 (1) the lokayukta, when it provisionally attaches any property under sub-section(1) of section 90 shall, within a period of thirty days of such attachment, direct its prosecution wing to file an application stating the facts of such attachment before the special court and make a prayer for confirmation of attachment of the property till completion of the proceedings against the public servant in the special court35(2) the special court may, if it is of the opinion that the property provisionally attachedhad been acquired through corrupt means, make an order for confirmation of attachment of such property till the completion of the proceedings against the public servant in the special court40(3) if the public servant is subsequently acquitted of the charges framed against him,the property, subject to the orders of the special court, shall be restored to the concerned public servant along with benefits from such property as might have accrued during the period of attachment49 of 198845(4) if the public servant is subsequently convicted of the charges of corruption, theproceeds relatable to the offence under the prevention of corruption act, 1988 shall be confiscated and vest in the central government free from any encumbrance or leasehold interest excluding any debt due to any bank or financial institution5051 of 1993explanation—for the purposes of this sub-section, the expressions "bank", "debt"and "financial institution" shall have the meanings respectively assigned to them in clauses (d), (g) and (h) of section 2 of the recovery of debts due to banks and financial institutionsact, 199392 (1) without prejudice to the provisions of sections 90 and 91, where the special court, on the basis of prima facie evidence, has reason to believe or is satisfied that the assets, proceeds, receipts and benefits, by whatever name called, have arisen or procured by means of corruption by the public servant, it may authorise the confiscation of such assets, proceeds, receipts and benefits till his acquittal5confiscation of assessts, proceeds, rceipts and benifits arisen or procured by means of corruption in special circumstances10(2) where an order of confiscation made under sub-section (1) is modified or annulled by the high court or where the public servant is acquitted by the special court, the assets, proceeds, receipts and benefits, confiscated under sub-section (1) shall be returned to such public servant, and in case it is not possible for any reason to return the assets, proceeds, receipts and benefits, such public servant shall be paid the price thereof including the money so confiscated with the interest at the rate of five per cent per annum thereon calculated from the date of confiscation93 (1) where the lokayukta, while making a preliminary inquiry into allegations of corruption, is prima facie satisfied, on the basis of evidence available, that—15(a) the continuance of the public servant referred to in clause (d) or clause (e) of sub-section (1) of section 75 in his post while conducting the preliminary inquiry is likely to affect such preliminary inquiry adversely; orpower of lokayukta to recommend transfer or suspension of public servant connected with allegation of corruption(b) the public servant referred to in clause (a) is likely to destroy or in any way tamper with the evidence or influence witnesses,20then, the lokayukta may recommend to the state government for transfer or suspension of such public servant from the post held by him till such period as may be specified in the order25(2) the state government shall ordinarily accept the recommendation of the lokayukta made under sub-section (1), except for the reasons to be recorded in writing in a case where it is not feasible for administrative reasons94 the lokayukta may, in discharge of its functions under this act, issue appropriate directions to a public servant entrusted with the preparation or custody of any document or record—(a) to protect such document or record from destruction or damage; or30power of lokayukta to give directions to prevent destruction of records during preliminary inquiry(b) to prevent the public servant from altering or secreting such document or record; or(c) to prevent the public servant from transferring or alienating any assets allegedly acquired by him through corrupt means3595 the lokayukta shall function as the final appellate authority in respect of appeals arising out of any other law for the time being in force providing for delivery of public services and redressal of public grievances by any public authority in cases where the decision contains findings of corruption under the prevention of corruption act, 1988lokayukta to function as appellate authority for appeals arising out of any other law power to delegate4096 the lokayukta may, by general or special order in writing, and subject to such conditions and limitations as may be specified therein, direct that any administrative or financial power conferred on it may also be exercised or discharged by such of its members or officers or employees as may be specified in the order97 the provisions contained in chapters ix, x, xi, xii, xiii, xiv and xv (except section 59) shall apply to a lokayukta and shall have effect, subject to the following modifications, namely:—45(a) references to "president" shall be construed as references to "governor of the state";application of certain provisions relating to lokpal to apply to lokayukta(b) references to the "central government" shall be construed as references to"state government";(c) references to "each house of parliament" or "parliament", shall be construedas references to "legislature of the state";(d) references to "lokpal" shall be construed as references to "lokayukta";5(e) references to "comptroller and auditor-general of india" shall be construedas references to "accountant general of the state";(f) references to "chief justice of india" shall be construed as references to"chief justice of the high court of the state" the schedule [see section 58] amendment to certain enactments part i5 amendment to the commissions of inquiry act, 1952 (60 of 1952)a m e n d m e n t of section 3in section 3, in sub-section (1), for the words "the appropriate government may", the words, brackets and figures "save as otherwise provided in the lokpal and lokayuktas act, 2011, the appropriate government may" shall be substituted10 part ii amendment to the delhi special police establishment act, 1946 (25 of 1946)1 in section 4a,—a m e n d m e n t of section 4a(i) for sub-section (1), the following sub-section shall be substituted, namely:—15"(1) the central government shall appoint the director on the recommendation of the committee consisting of—(a) the prime minister - chairperson; (b) the leader of opposition in the house of the people - member;20(c) the chief justice of india or judge of the supreme court nominated by him - member"(ii) sub-section (2) shall be omitted2 in section 4c, for sub-section (1), the following sub-section shall be substituted, namely:—25"(1) the central government shall appoint officers to the posts of the level of superintendent of police and above except director, and also recommend the extension or curtailment of the tenure of such officers in the delhi special police establishment, on the recommendation of a committee consisting of:—(a) the central vigilance commissioner - chairperson; (b) vigilance commissioners - members;30(c) secretary to the government of india in charge of the ministry of home - member;(d) secretary to the government of india in charge of the department of personnel - member:35provided that the committee shall consult the director before submitting its recommendation to the central government" part iii amendments to the prevention of corruption act, 1988 (49 of 1988)1 in sections 7, 8, 9 and section 12,—a m e n d m e n t of sections 7, 8, 9 and 1240(a) for the words "six months", the words "three years" shall respectively be substituted;(b) for the words "five years", the words "seven years" shall respectively be substituted;2 in section 13, in sub-section (2), —amendment of section 13(a) for the words "one year", the words "four years" shall be substituted;5(b) for the words "seven years", the words "ten years" shall be substituted;3 in section 14,—amendment of section 14(a) for the words "two years", the words "five years" shall be substituted(b) for the words "seven years", the words "ten years" shall be substitutedamendment of section 15104 in section 15, for the words "which may extend to three years", the words "which shall not be less than two years but which may extend to five years" shall be substitutedamendment of section 195 in section 19, after the words "except with the previous sanction", the words "save as otherwise provided in the lokpal and lokayuktas act, 2011" shall be inserted part iv amendment to the code of criminal procedure, 1973 (2 of 1974)15amendment of section 197in section 197, after the words "except with the previous sanction", the words "save as otherwise provided in the lokpal and lokayuktas act, 2011" shall be inserted part v amendment to the central vigilance commission act, 200320 (45 of 2003)1 in section 2, after clause (d), the following clause shall be inserted, namely:—amendment of section 2'(da) "lokpal" means the lokpal established under sub-section (1) of section 3of the lokpal and lokayuktas act, 2011;"amendment of section 8252 in section 8, in sub-section (2), after clause (b), the following clause shall be inserted, namely:—"(c) on a reference made by the lokpal under proviso to sub-section (1) of section 20 of the lokpal and lokayuktas act, 2011, the persons referred to in clause (d) of sub-section (1) shall also include—30(i) members of group b, group c and group d services of the centralgovernment;(ii) such level of officials or staff of the corporations established by orunder any central act, government companies, societies and other local authorities, owned or controlled by the central government, as that government may, by notification in the official gazette, specify in this behalf:35provided that till such time a notification is issued under this clause, all officials or staff of the said corporations, companies, societies and local authorities shall be deemed to be the persons referred in clause (d) of sub-section (1)"3 after section 8, the following sections shall be inserted, namely:—| insertion ||--------------|| new sections || 8a and 8b || 5 || action on || preliminary || inquiry in || relation to || public || servants || 49 of 1988 |"8a (1) where, after the conclusion of the preliminary inquiry relating to corruption of public servants belonging to group c and group d officials of the central government, the findings of the commission disclose, after giving an opportunity of being heard to the public servant, a prima facie violation of conduct rules relating to corruption under the prevention of corruption act, 1988 by such public servant, the commission shall proceed with one or more of the following actions, namely:—(a) cause an investigation by any agency or the delhi special police establishment, as the case may be;10(b) initiation of the disciplinary proceedings or any other appropriate action against the concerned public servant by the competent authority;(c) closure of the proceedings against the public servant and to proceed against the complainant under section 46 of the lokpal and lokayuktas act, 201115(2) every preliminary inquiry referred to in sub-section (1) shall ordinarily be completed within a period of ninety days and for reasons to be recorded in writing, within a further period of ninety days from the date of receipt of the complaintaction on investigation in relation to public servants208b (1) in case the commission decides to proceed to invesigate into the complaint under clause (a) of sub-section (1) of section 8a, it shall direct any agency (including the delhi special police establishment) to carry out the investigation as expeditiously as possible and complete the investigation within a period of six months from the date of its order and submit the investigation report containing its findings to the commission:provided that the commission may extend the said period by a further period of six months for the reasons to be recorded in writing25(2) notwithstanding anything contained in section 173 of the code of criminal procedure, 1973, any agency (including the delhi special police establishment) shall, in respect of cases referred to it by the commission, submit the investigation report to the commission(3) the commission shall consider every report received by it under sub-section (2)from any agency (including the delhi special police establishment) and may decide as to—30(a) file charge-sheet or closure report before the special court against the public servant;(b) initiate the departmental proceedings or any other appropriate action against the concerned public servant by the competent authority"4 after section 11, the following section shall be inserted, namely:—insertion of new section 11a35"11a (1) there shall be a director of inquiry, not below the rank of joint secretary to the government of india, who shall be appointed by the central government for conducting preliminary inquiries referred to the commission by the lokpaldirector of inquiry for making preliminary inquiry(2) the central government shall provide the director of inquiry such officers and employees as may be required for the discharge of his functions under this act" statement of objects and reasonsthe need to have a legislation for lokpal has been felt for the quite sometime in its interim report on the "problems of redressal of citizens' grievances" submitted in 1966, the administrative reforms commission, inter alia, recommended the setting up of an institution of lokpal at the centre to give effect to this recommendations of the administrative reforms commission, eight bills on lokpal were introduced in the lok sabha in the past however, these bills had lapsed consequent upon the dissolution of the respective lok sabha except in the case of 1985 bill which was subsequently withdrawn after its introduction2 in pursuance of the efforts to constitute a mechanism for dealing with compalints on corruption against public functionaries including in high places, the government constituted a joint drafting committee on 8th april, 2011 to draft a lokpal bill divergent views emerged during deliberations in the jdc government introduced a revised bill namely 'lokpal bill 2011' in the lok sabha on 4th august 2011 this bill was referred to the department-related parliamentary standing committee on personnel, public grievances, law and justice on the 8th august, 2011 for examination and report and this was followed by discussions in both the houses of parliament and report and this was followed by discussions in both the houses on parliament on 27th august 2011 a sense of the house was communicated to the standing committee on the basis of discussions in the houses the department related parliamentary standing committee after extensive discussion with all the concerned stakeholders suggested major amendments as regards the scope and content of the bill introduced in august 2011 it also recommended that lokpal at the centre and lokayukta at the states be conferred constitutional status in its report of 9th december 2011 upon consideration of the recommendations of the standing committee it was decided to withdraw the lokpal bill 2011 pending in lok sabha and to introduce a thoroughly revised bill for carrying out the necessary amendments to the constitution for the setting up of lokpal and lokayuktas as constitutional bodies3 india is committed to pursue the policy of 'zero tolerance against corruption' india ratified the united nations convention against corruption by deposit of instrument of ratification on 9th may 2011 this convention imposes a number of obligations, some mandatory, some recommendatory and some optional on the member states the convention, inter alia, envisages that state parties ensure measures in the domestic law for criminalization of offences relating to bribery and put in place an effective mechanism for its enforcement the obligations of the convention, with reference to india, have come into force with effect from 8th june 2011 as a policy of zero tolerance against corruption the bill seeks to establish in the country, a more effective mechanism to receive complaints relating to allegations of corruption against public servants including ministers, mps, chief ministers, members of legislative assemblies and public servants and to inquire into them and take follow up actions the bodies, namely, lokpal and lokayuktas which are being set up for the purpose will be constitutional bodies this setting up of these bodies will further strengthen the existing legal and institutional mechanism thereby facilitating a more effective implementation of some of the obligations under the aforesaid convention4 the lokpal and lokayktas bill 2011, seeks to provide, inter alia, for—(i) setting up the institution of lokpal for the union and lokayuktas for the states through a single legislation and these bodies will have a constitution status for which a constitution (amendment) bill is being introduced(ii) lokpal and lokayukta will consist of a chairperson and a maximum of eight members, of which fifty percent shall be judicial members;(iii) that all categories of persons, who are eligible for selection as member of lokpal and lokayukta are also eligible for section as chairperson of the lokpal;(iv) that the selection committee for selection of chairperson and members of lokpal shall consist of—(a) prime minister; (b) speaker of lok sabha; (c) leader of opposition in the lok sabha; (d) chief justice of india or a sitting supreme court judge nominated bycji;(e) an eminent jurist to be nominated by the president of india;in the case of lokayukta, it will be chief minister, speaker, leader of opposition of the state legislature, chief justice or the judge of high court and an eminent jurist nominated by the governor;(v) fifty per cent of members of lokpal and lokayuktas shall be from amongst scheduled castes, scheduled tribes, other backward classes and women similar reservation is being provided in the search committee(vi) removal procedure for lokpal and lokayuktas and members in the bill instead of providing in the constitution amendment bill(vii) bringing prime minister under the purview of the lokpal with some subject matter exclusions and specific process for handling complaints against the prime minister by providing that lokpal may not hold any inquiry against the prime minister if allegations relate to international relations; external and internal security of the country; public order; atomic energy and space, and further providng that any decision of the lokpal to initiate prliminary inquiry or investigation against the prime minister shall be taken only by the full bench with a majority of 3/4th and that such proceedings be held in camera;(viii) inclusion of all categories of employees under lokpal/lokayuktas who will receive complaints against group 'a', 'b', 'c' & 'd' categories of government servants; decide on holding of preliminary inquiry;(ix) that lokpal may refer complaints against specified categories of public servants to central vigilance commission and that commission shall send its report of preliminary inquiry in respect of group 'a' and 'b' officers back to lokpal for further decision and with respect to group 'c' and 'd' employees, commission shall take action in exercise of its own powers under the central vigilance commission act, 2003, subject to reporting and review mechanism by lokpal over the central vigilance commission(x) provision for superintendence of lokpal over the delhi special police establishment in so far as the cases referred to them by lokpal;(xi) bringing under the jurisdiction of lokpal and lokayuktas entities/institutions receiving donations from foreign source in terms of and in the context of the foreign contribution regulation act 2010 in excess of rs 10 lakhs per year;(xii) setting up of an inquiry wing of the lokpal and lokayuktas for conducting the preliminary inquiry and also an independent prosecution wing in the lokpal institution;(xiii) providing that no prior sanction shall be required for launching prosecution in cases enquired by lokpal and lokayuktas or initiated on the direction and with the approval of lokpal and lokayuktas and, similarly, no prior approval is required for conducting investigation by the delhi special police establishment in respect of cases entrusted by lokpal(xiv) as a measure of reinforcing natural justice, a provision enabling inquiring agency to seek comments from the competent authority who after obtaining the comments of the public servant will furnish comments to the inquiring agency within a prescribed timelines a three member bench will consider the inquiry report and may decide to recommend investigation or initiate disciplinary proceeding or close the case(xv) the bill seeks to amend the delhi special police establishment act, 1940 to provide a high power selection committee for selection of director, of the delhi special police establishment 5 the notes on clauses explain in details the provisions of the bill 6 the bill seeks to achieve the aforesaid objectivesv narayanasamynew delhi;the 21st december, 2011 ———— president's recommendation under article 117 of the constitution of india[copy of letter no 407/108/2011-avdiv dated 21 december, 2011 from shri v narayanasamy, minister of state in the ministry of personnel, public grievances and pensions to the secretary-general, lok sabha]the president, having been informed of the subject matter of the lokpal and lokayukta bill, 2011, recommends the introduction and consideration of the lokpal and lokayuktas bill, 2011 in the lok sabha under article 117(1) and 117(3) of the constitution notes on clausesclause 1 - this clause of the bill seeks to provide for the short title, extent, application and commencement of the proposed lokpal and lokayukta legislation it provides that 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 states and for different provisions of the proposed legislation, and any reference in any provision to the commencement of the proposed legislation shall be construed as a reference to the coming into force of that provisionclause 2— this clause defines the various expressions used in the bill which, inter alia, include the expressions - "bench", "central vigilance commission", "competent authority", "complaint", "investigation", "preliminary inquiry", "judicial member", "lokpal", "member", "minister", "public servant", "special court", etc the court of special judge appointed under sub-clause (1) of section 3 of the prevention of corruption act, 1988 shall be the special courtsub-clause (3) of the aforesaid clause provides that any reference in the proposed legislation to any other act or provision thereof which is not in force in any area to which the proposed legislation applies shall be construed to have a reference to the corresponding act or provision thereof in force in such areaclause 3— this clause seeks to provide for the establishment of lokpal consisting of a chairperson and eight members it also provides that fifty per cent of the members shall be judicial members the chairperson shall be a person who is or has been a chief justice of india or is or has been a judge of the supreme court or an eminent person who fulfils the eligibility specified for members under sub-clause (3) the judicial member shall be a person who is or has been a judge of the supreme court or who is or has been a chief justice of a high court the members shall be the persons who are of impeccable integrity and outstanding ability and standing having special knowledge and experience of not less than twenty-five years in the matters relating to anti-corruption policy, public administration, vigilance, finance including insurance and banking, law and management it also provides that not less than fifty per cent of the members of the lokpal, shall be from amongst the persons belonging to the scheduled castes, the scheduled tribes, other backward classes and womenit further provides that the chairperson or a member of the lokpal shall not be a member of parliament or a member of a legislature of any state or union territory and shall not be a person, convicted of any offence involving moral turpitude; who is less than fortyfive years of age, on the date of assuming office as chairperson or member; who is a member of any panchayat or municipality; who has been removed or dismissed from service of the union or a state, and shall not hold any office of trust or profit or be connected with any political party or carry on own business or practice any profession it also provides that the person appointed as chairperson or a member before he enters upon his office shall resign from the office of trust or profit held by him or sever his connection with the conduct and management of any business carried on by him or cease to practice if he is practicing any professionclause 4— this clause provides for appointment of chairperson and other members and constitution of a selection committee for that purpose the chairperson and members shall be appointed after obtaining the recommendations of a selection committee consisting of the prime minister, the speaker of the house of the people, the leader of opposition in the house of the people, the chief justice of india or a judge of the supreme court nominated by him, one eminent jurist nominated by the president for the purpose of holding the chairperson and other members of the lokpal and for preparing a panel of persons to be considered for appointment, the selection committee may constitute a search committee consisting of such persons having special knowledge and expertise in the matters relating to anti-corruption policy, public administration, vigilance, policy making, finance including insurance and banking, law and management or in any other matter which in the opinion of the selection committee may be useful for making the selection of a chairperson and members of the lokpal it further provides that the selection committee shall regulate its own procedure in a transparent manner for selecting the chairperson and members of the lokpalit also provides that not less than fifty per cent of the members of the search committee shall be from amongst the persons belonging to the scheduled castes, the scheduled tribes, other backward classes and women however, the selection committee may also consider any person other than the persons recommended by the search committee and the search committee shall regulate its own procedure in a transparent mannerclause 5 - this clause provides that all necessary steps for appointment of a new chairperson or members shall be taken by the president at least three months before the expiry of the term of the chairperson or member, as the case may be, in accordance with the procedure laid down in the proposed legislationclause 6 - this clause deals with the terms of office of the chairperson and membersit provides that the chairperson and every member shall be appointed by the president by warrant under his hand and seal and hold office as such 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 earlierclause 7 - this clause deals with salary, allowances and other conditions of services of chairperson and members it provides that the salary, allowances and other conditions of services of the chairperson shall be the same as that of a chief justice of india the salary, allowances and other conditions of services of the members shall be the same as that of a judges of the supreme court further, after a person is appointed as a chairperson or a member, his conditions of service, allowances and pension payable to him shall not be varied to his disadvantageclause 8—this clause provides for restriction on employment by chairperson and members after ceasing to hold the office it also provides that the chairperson and members of lokpal shall be ineligible to contest any election of president or vice-president or member of either house of parliament or member of either house of a state legislature or municipality or panchayat within a period of five years from the date of relinquishing the post however, a member shall be eligible to be appointed as a chairperson if his total tenure as member and chairperson does not exceed five years however, if any member is appointed as the chairperson, his term of office shall not be more than five years in aggregate as the member and the chairpersonclause 9 - this clause seeks to provide that in the event of occurrence of any vacancy in the office of chairperson, by reason of his death, resignation or otherwise, the president may authorise the senior-most member to act as the chairperson until a new chairperson is appointed to fill the vacancy when a chairperson is unable to discharge is functions owing to absence or leave or otherwise, the president may authorise the seniormost member to discharge is functionsclause 10 - this clause seeks to provide that the secretary, other officers and staff of the lokpal shall be appointed by the chairperson or the member or officer of lokpal as the chairperson may direct it provides that there shall be a secretary to the lokpal in the rank of secretary to government of india, and a director of inquiry and director of prosecution not below the rank of the additional secretary to the government of india or equivalent, who shall be appointed by the chairperson from a panel of names sent by the central government the president may make rules that the appointment in respect of any post or posts shall be made after consultation with the union public service commissionclause 11 - this clause provides for setting up of an inquiry wing of the lokpal headed by the director of inquiry for the purpose of conducting preliminary inquiry into any offence alleged to have been committed by a public servant punishable under the prevention of corruption act, 1988 it further provides that till such time the investigation wing is constituted by the lokpal, the central government will make available the services of its investigation officers and other staff required by the lokpal it also provides that for the purposes of assisting the lokpal in conducting preliminary inquiry under the proposed legislation, the officers of the inquiry wing not below the rank of under secretary to the government of india, shall have the same powers as are conferred upon the lokpal under clause 27clause 12—this clause seeks to provide that the lokpal may constitute a prosecution wing headed by the director of prosecution for the purpose of prosecution of public servants in relation to any complaint by the lokpal under the proposed legislation it further provides that the director of prosecution after having been so directed by the lokpal, file a case in accordance with the investigation report, before the special court and take all necessary steps in respect of the prosecution of public servants in relation to any offence punishable under the prevention of corruption act, 1988 it further provides that the case filed by the director of prosecution before the special court shall be deemed to be a report, filed on completion of investigation, referred to in section 173 of the code of criminal procedure, 1973clause 13 —this clause lays down that the administrative expenses of the lokpal including salaries, allowances and pensions payable to or in respect of chairperson, members, secretary or other officers or staff of the lokpal shall be charged upon the consolidated fund of india it also provides that any fees or other moneys taken by the lokpal shall form part of the consolidated fund of indiaclause 14 - this clause deals with the jurisdiction of lokpal to include prime minister, ministers, members of parliament, groups a, b, c and d officers and officials of central government sub-clause (1) seeks to provide that the lokpal shall inquire or cause an inquiry to be conducted into any matter involved in or arising from or connected with any allegation of corruption made in a complaint in respect of any person who is or has been a prime minister however, the lokpal shall not inquire into any matter involved in, or arising from, or connected with, any such allegation of corruption against the prime minister, in so far as it relates to foreign affairs, international relations, external and internal security, public order, atomic energy and space; unless a full bench of the lokpal considers the initiation of inquiry and at least three-forth of its members approves such inquiry; and unless the inquiry, if any, considered necessary by the lokpal is held in camerait further provides that in the case of a minister, a member of either house of parliament, any group 'a' or group 'b' officer or equivalent or above, any group 'c' and group 'd' official or equivalent or above from against the public servants as defined in sub-clauses (i) and (ii) of clause (c) of section 2 of the prevention of corruption act, 1988 who was serving or has served in connection with the affairs of the union, and chairperson or member or officers of certain boards, corporations, authority, company, society, trust, etc established by an act of parliament or wholly or partly financed or controlled by the central government; director, manager, secretary or other officers of certain societies, association of persons etc and director, manager, secretary or other officer of every other society, etc wholly or partly financed or aided by the government and the annual income of which exceeds such amount as may be notified by the central government or from any foreign source under the foreign contribution (regulation) act, 2010 in excess of ten lakh rupees in a year or such higher amount as the central government may by notification specify it also provides that any entity or institution, by whatever name called, corporate, society, trust, association of persons, partnership, sole proprietorship, limited liability partnership (whether registered under any law for the time being in force or not), shall be the entities covered in the items (f) and (g) sub-clause (2) provides that the lokpal shall not inquire into any matter against any member of either house of parliament in respect of anything said or vote given by him in parliament or any committee thereof covered under the provisions of clause (2) of article 105 of the constitutionsub-clause (3) provides that the lokpal may inquire into any act or conduct of any person if such person is involved in the act of abetting, bribe giving or bribe taking or conspiracy relating to any allegation of corruption under the prevention of corruption act, 1988sub-clause (4) seeks to provide that in the matters in respect of which a complaint has been made under the proposed enactment shall not be referred for inquiry under the commissions of inquiry act, 1952 the explanation therein clarifies that a complaint under the proposed legislation shall relate only to a period during which the public servant was holding or serving as a public servantclause 15 —this clause lays down that matters pending before any court or committee or authority prior to commencement of the proposed legislation shall be continued before such court, committee or authority, as the case may beclause 16 - this clause seeks to provide that the jurisdiction of the lokpal may be exercised by benches thereof a bench of the lokpal may be constituted by the chairperson with two or more members every bench shall ordinarily consist of at least one judicial member in it the benches of lokpal shall ordinarily be at new delhi and at such places as the lokpal may, by regulations, specifyclause 17 - this clause seeks to empower the chairperson to distribute the business of lokpal amongst its benches and also specify the matters which may be dealt with by each benchclause 18 - this clause seeks to provide that the chairperson may transfer any case pending before one bench for disposal to any other bench on receipt of an application for such transfer from the complainant or the public servantclause 19 - this clause seeks to provide that the decision of the lokpal shall be according to the opinion of the majority of the members of lokpal however, if the members of a bench consisting of two members differ in opinion on any point or points shall be referred to the chairperson the chairperson may either hear such point or points himself or refer the same for hearing by one or more other member and it shall be decided accordingly to the opinion of the majority of the members who have heard the case including those who first heard itclause 20 —this clause makes provision relating to complaint and preliminary inquiry and investigation by lokpal it provides that the lokpal may, on receipt of a complaint first decide whether to procede in the matter or close the peruse and if the lokpal decides to proceed further it shall order the preliminary inquiry by its inquiry wing or any agency (including delhi special police establishment) to ascertain whether there exists a prima facie case for proceeding in the matter however, the lokpal shall if decides to proceed further with the preliminary inquiry, by a general or special order, refer the complaints or a category of complaints or a complaint received by it in respect of public servants belonging to group a or group b or group c or group d to the central vigilance commission constituted under sub-section (1) of section 3 of the central vigilance commission act, 2003 it further provides that the central vigilance commission in respect of complaints referred to it, after making preliminary inquiry in respect of public servants belonging to group a and group b, shall submit its report to the lokpal in accordance with the provisions contained in subclauses (2) and (4) and in case of public servants belonging to group c and d, the commission shall proceed in accordance the provisions of the central vigilance commission act, 2003sub-clause (2) provides that during the preliminary inquiry, the inquiry wing or any agency (including delhi special police establishment) shall conduct a preliminary inquiry and on the basis of material, information and documents collected seek the comments on the allegations made in the complaint from the public servant and competent authority and after obtaining the comments of the concerned public servant and competent authority, submit, within sixty days from the date of receipt of the reference, a report to the lokpalsub-clause (3) provides that a bench consisting of not less than three members of the lokpal shall consider every such report received from the inquiry wing, and decide as to whether there exists a prima facie case, and make recommendations to proceed with investigation by any investigating agency or the delhi special police establishment, as the case may be; after giving an opportunity of being heard to the public servant, with initiation of the departmental proceedings or any other appropriate action against the concerned public servants by the competent authority; or with closure of the proceedings against the public servant and take action to proceed against the complainant under clause 46sub-clause (4) seeks to provide that every preliminary inquiry referred to lokpal shall ordinarily be completed within a period of ninety days and for reasons to be recorded in writing within a further period of ninety days from the date of receipt of the complaint and in case the lokpal decides to proceed to investigate into the complaint, it shall direct any agency including the delhi special police establishment to carry out the investigation as expeditiously as possible and complete the investigation within a period of six months from the date of its order and submit the investigation report containing its findings to the lokpal however, after recording the reasons the lokpal can extend the said period by a further period of six months and a bench consisting of not less than three members of the lokpal shall consider every report received by it from any agency (including the delhi special police establishment), decide as to file charge-sheet or closure report before the special court against the public servant; or to initiate the departmental proceedings or any other appropriate action against the concerned public servants by the competent authorityit also provides that the lokpal may, after taking a decision on the filing of the chargesheet direct, its prosecution wing to initiate prosecution in the special court in respect of the cases investigated by any agency (including the delhi special police establishment) in respect of the cases investigated by such agency on the direction of lokpal to obtain it approval at thereafter initiate prosecution in the special court and forward a copy of chargesheet filed by it under this clause to the lokpal for the purposes of superintendenceclause 21 —this clause provides that persons likely to be prejudicially affected are to be provided a reasonable opportunity of being heard in the inquiry and to produce evidence in his defence consistent with the principles of natural justice however, this will not apply where the credibility of a witness is being questionedclause 22 - this clause seeks to provide that lokpal may require any public servant or any other person to furnish information or produce documents relevant to inquiry or investigationclause 23 - this clause makes provision that no sanction or approval of any authority shall be required by the lokpal or its investigation wing, in respect of the cases investigated by its investigation wing; or any agency (including the delhi special police establishment ) in respect of the cases investigated by such agency on the direction of lokpal, under section 197 of the code of criminal procedure, 1973 or section 19 of the prevention of corruption, act, 1988 for the purpose of making preliminary inquiry by the lokpal or its inquiry wing or investigation by its investigation wing or any agency including the delhi special police establishment into any complaint against any public servant or for filing of any charge sheet or closure report on completion of investigation in respect thereof before the special court under the proposed legislation however, for the purpose of making preliminary inquiry by the lokpal or its inquiry wing or investigation by its investigation wing or any agency including the delhi special police establishment no decision shall be required by the department concerned in this regard it is also clarified that no sanction or approval shall be required in respect of all cases falling under clause (a) or clause (b)clause 24 —this clause makes provision for action to be taken by the lokpal on conclusion of investigation against public servants being ministers or members of parliament it provides that where the commission of offence under prevention of corruption act, 1988 by such public servants has taken place, the lokpal may file a case in the special court and send a copy of the report along with its findings to the competent authority as defined in the proposed legislation it also provides that the competent authority shall examine or cause to be examined the report and communicate or cause to be communicated to the lokpal within a period of ninety days from the date of receipt of the report, the action taken or proposed to be taken on the basis of the report and the reasons for not taking any action on the recommendation of the lokpal however, in computing the period of ninety days, the period during which the parliament will not be in session shall be excludedclause 25 - this clause seeks to empower the lokpal with supervisory powers it provides that the lokpal shall, notwithstanding anything contained in section 4 of the delhi special police establishment act, 1946 and section 8 of the central vigilance commission act, 2003, have the powers of superintendence and direction, over the delhi special police establishment in respect of the maters in so far as they relate to the investigation by the delhi special police establishment under the proposed legislationclause 26 - this clause seeks to confer power of search and seizure of documents on the lokpalclause 27 —this clause provides that the lokpal shall have all the powers of a civil court in certain matters and the proceedings before the lokpal shall be deemed to be judicial proceedings within the meaning of section 193 of the indian penal codeclause 28 - this clause seeks to make provision that the lokpal may utilise the services of any officer or organisation or investigating agency of the central government or the state government, as the case may be it also enables the lokpal to confer certain powers on such officers or organisation or agencyclause 29 - this clause makes provision for provisional attachment of assets by the lokpal or any officer authorised by it if such assets are any proceeds of corruptionclause 30 - this clause makes provision for confirmation of provisional attachment of assets made by the lokpal under clause 29 by the special courtclause 31 - this clause makes provision for confiscation of assets, proceeds, receipts and benefits arisen or procured by means of corruption in special circumstances it provides that the special court, on the basis of prima facie evidence, has reason to believe or is satisfied that the assets, proceeds, receipts and benefits have arisen or procured by means of corruption by the public servant, then it may authorise the confiscation of such assets, proceeds, receipts and benefits till his acquittal it further provides that in case the order of confiscation is modified or annulled by the high court or where the public servant is acquitted by the special court, the assets, proceeds, receipts and benefits, confiscated shall be returned to him, and in case it is not possible for any reason to return the assets, proceeds, receipts and benefits, he shall be paid the price thereof including the money so confiscated with the interest at the rate of five per cent per annum calculated from the date of confiscationclause 32 —this clause seeks to provide that the lokpal may recommend transfer or suspension of any public servant connected with allegation of corruption this clause also provides that ordinarily the recommendation of the lokpal shall be accepted by the governmentclause 33 —this clause seeks to provide that the lokpal may give directions to prevent destruction of records during inquiryclause 34 —this clause provides that the lokpal may, by general or special order in writing, and subject to such conditions and limitations as may be specified therein, direct that any administrative or financial power conferred on it may also be exercised or discharged by such of its members or officers or employees as may be specified in the orderclause 35 —this clause provides for constitution of special courts by the central government as recommended by the lokpal to hear and decide the cases arising out of the prevention of corruption act, 1988 or under the proposed legislation it also provides that the special courts shall ensure completion of each trial within a period of one year from the date of filing the case in the court however, in case the trial cannot be completed within a period of one year, the special court shall record reasons therefor and complete the trial within a further period of not more than three months or such further periods not exceeding three months each, for reasons to be recorded in writing, before the end of each such three month period, but not exceeding a total period of two yearsclause 36— this clause makes provision for issue of letter of request to a court or an authority in the contracting state in certain casesclause 37—this clause makes provisions for handling of complaints against the chairperson and members of the lokpal it provides that the lokpal shall not inquire into any complaint made against the chairperson or any member the chairperson or any member shall be removed from his office by order of the president on grounds of misbehaviour after the supreme court, on a reference being made to it, by the president, or by the president on a petition being signed by at least one hundred members of parliament, or by the president on receipt of a petition made by a citizen of india and where the president is satisfied that the petition should be referred, has, on an inquiry held in accordance with the procedure prescribed in that behalf, reported that the chairperson or such member, as the case may be, ought to be removed on such ground and the president may suspend from office the chairperson or any member in respect of whom a reference has been made to the supreme court until the president has passed orders on receipt of the report of the supreme court on such referenceit further provides that notwithstanding anything contained in sub-clause (2), the president may, by order, remove from the office the chairperson or any member if the chairperson or such member, as the case may be, is adjudged an insolvent; or engages, during his term of office, in any paid employment outside the duties of his office; or is, in the opinion of the president, unfit to continue in office by reason of infirmity of mind or body it also provides that if the chairperson or any member is, or becomes, in any way concerned or interested in any contract or agreement made by or on behalf of the government of india or the government of a state or participates in any way in the profit thereof or in any benefit or emolument arising therefrom otherwise than as a member and in common with the other members of an incorporated company, he shall, for the purposes of sub-section (2), be deemed to be guilty of misbehaviourclause 38 - this clause seeks to provide for the provisions for the complaints against officials of lokpalclause 39 - this clause provides that when a public servant has committed an offence under the prevention of corruption act, 1988, the special court may make an assessment of loss, if any, caused to the public exchequer on account of actions or decisions of such public servant not taken in good faith and for which he stands convicted, and order recovery of such lossesclause 40 - this clause seeks to provide that the lokpal shall prepare its budget showing the estimated receipts and expenditure of the lokpal and forward the same to the central government for interventionclause 41 - this clause provides that without prejudice to the provisions of clause 16, the central government may make grants of such sums of money to the lokpal as are required to be paid for salaries and allowances payable to the chairperson and members and the administrative expenses, including the salaries and allowances and pension payable to or in respect of officers and other employees of the lokpalclause 42 - this clause provides for maintaining the accounts and other relevant records and annual statement of accounts by the lokpal it also provides that the accounts of lokpal together with the audit report thereon shall be forwarded annually to the central government and the central government shall lay the same before each house of the parliamentclause 43 - this clause provides that the lokpal shall furnish to the central government such returns or statements and such particulars with regard to any matter under the jurisdiction of lokpal as the central government may prescribe from time to timeclause 44 - this clause provides that the public servants shall make a declaration of their assets and liabilities in the manner as provided in this actclause 45 - this clause provides that any willful failure on the part of a public servant to declare his assets shall amount to presumption that the assets have been acquired by corrupt meansclause 46 - this clause provides that if any person makes false or frivolous or vexatious complaint under this act, he shall be liable for prosecution and on conviction he may be punished with imprisonment for a term which may extend to one year and with fine which may extend to one lakh rupees however, there would not be any punishment in case of complaints made in good faith clause 47 - this clause provides that if false complaint is made by the society or association of persons or trust, in that case every person who, at the time of commission of offence, was directly in-charge of the affairs or activities of such society etc shall be deemed to be guilty of the offence under clause 53 and liable for punishmentclause 48 - this clause provides for the lokpal to present annually a report to the president as to the work done by it and on receipt of such report the president shall cause a copy thereof together with a memorandum explaining, as respects the cases, if any, where the advice of the lokpal was not accepted, the reason for such non-acceptance to be laid before each house of parliamentclause 49 - this clause seeks to empower the lokpal to function as appellate authority for appeals arising out of any other law for the time being in force it provides that the lokpal to function as the final appellate authority in respect of appeals arising out of any other law for the time being in force providing for public service in cases where the decision contains findings of corruption under the prevention of corruption act, 1988clause 50— this clause provides for protection of public servant from legal proceedings etc for the action taken in good faithclause 51 - this clause provides for the protection of action taken in good faith by lokpal, any officer, employee, agency or any person in respect of anything done or intended to be done under the proposed legislation or the rules or regulations made thereunderclause 52 - this clause provides that the chairperson, members, officers and other employees of the lokpal shall be public servants within the meaning of section 21 of the indian penal codeclause 53 - this clause lays down the period of limitation for filing of complaints before the lokpal as seven years from the date of commission of the alleged offenceclause 54 - this clause provides that no civil court shall have jurisdiction in the matters for which lokpal is empowered under the proposed legislationclause 55 - this clause provides that legal assistance for defending a case before the lokpal shall be provided to every person against whom complaint has been made before it, if such assistance is requested forclause 56 - this clause seeks to provide that the provisions of the proposed legislation shall have overriding effectclause 57 - this clause provides that the provisions of the proposed legislation shall be in addition to any other law for the time being in forceclause 58 - this clause seeks to amend certain enactments as specified in second schedule to the proposed legislationclause 59 - this clause seeks to empower the central government to make rules for carrying out the provisions of the proposed legislation sub-clause (2) of the said clause enumerates the various matters in respect of which such rules may be madeclause 60 - this clause seeks to confer power on the lokpal to make regulations for carrying out the provisions of the proposed legislation consistent with the provisions of the proposed legislation and the rules made by the central government under clause 59 sub-clause (2) enumerates the various matters in respect of which such regulations may be madeclause 61 - this clause provides that every rule and every regulation made under the proposed legislation shall be laid before each house of parliamentclause 62 —this clause relates to the power of the central government to remove difficulties in case any difficulty arises in giving effect to the provisions of the proposed legislation, the central government may make such provisions as may be necessary in removing the difficulties by order published in the official gazette however, no such order shall be made under this clause after the expiry of a period of two years from the commencement of the proposed legislation and every such order shall also be required to be laid before each house of parliamentclause 63— this clause defines the various expressions used in the bill in respect of the provisions relating to the lokayaukta for states which, inter alia, include the expressions - "bench", "competent authority", "investigation:, "preliminary inquiry", "lokayukta", "member", "minister", "public servant", etcclause 64— this clause seeks to provide for the establishment of lokayukta consisting of a chairperson and eight members it also provides that fifty per cent of the members shall be judicial members the chairperson shall be a person who is or has been a chief justice of high court or a retired judge of the high court or an eminent person the judicial member shall be a person who is or has been a judge of the high court the members shall be the persons who are of impeccable integrity, outstanding ability and having special knowledge and experience of not less than twenty-five years in the matters relating to anti-corruption policy, public administration, vigilance, finance including insurance and banking, law and management it further provides that not less than fifty per cent of the members of the lokayukta shall be from amongst the persons belonging to the scheduled castes, the scheduled tribes, other backward classes, and women it further provides that the chairperson or a member of the lokayukta shall not be a member of parliament or a member of a legislature of any state or union territory and shall not be a person convicted of any offence involving moral turpitude and shall not be a person of less than forty-five years of age, on the date of assuming office as chairperson or member, as the case may be, a person who has been removed or dismissed from service of the union or a state, and shall not hold any office of trust or profit or be connected with any political party or carry on own business or practice any professionit further provides that the person appointed as chairperson or a member before he enters upon his office shall resign from the office of trust or profit held by him or sever his connection with the conduct and management of any business carried on by him or cease to practice if he is practicing any professionit also provides that the lokayukta or state lokpal (by whatever name called)constituted under any state law for the time being in force, before the commencement of the proposed legislation, and applicable it that state, shall continue to discharge their function and exercise powers conferred upon them under that law in respect of that state until such law is amended or repealed by the state legislature so as to bring in conformity with the proposed legislationclause 65— this clause provides for appointment of chairperson and other members and constitution of a selection committee for that purpose the chairperson and members shall be appointed after obtaining the recommendations of a selection committee consisting of the chief minister, the speaker of the legislative assembly, the leader of opposition in the legislative assembly, the chief justice of the high court of the state or a judge of the high court nominated by him and one eminent jurist nominated by the governor for the purpose of holding the chairperson and other members of the lokayukta and for preparing a panel of persons to be considered for appointment, the selection committee may constitute a search committee consisting of such persons of standing having special knowledge and expertise in the matters relating to anti-corruption policy, public administration, vigilance, policy making, finance including insurance and banking, law and management or in any other matter which in the opinion of the selection committee may be useful for making the selection of a chairperson and members of the lokayukta it further provides that not less than fifty per cent of the members of the search committee shall be from amongst the persons belonging to the scheduled castes, the scheduled tribes, other backward classes and women and the selection committee may also consider any person other than the persons recommended by the search committee and the selection committee shall regulate its own procedure in a transparent manner for selecting the chairperson and members of the lokayuktaclause 66 —this clause provides that all necessary steps for appointment of a new chairperson or members shall be taken at least three months before the expiry of the term of such chairperson or member, as the case may be, in accordance with the procedure laid down in the proposed legislationclause 67 - this clause deals with the terms of office of the chairperson and members it provides that the chairperson and every member shall be appointed by the governor by warrant under his hand and seal and hold office as such 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 earlierclause 68 - this clause deals with salary, allowances and other conditions of services of chairperson and members it provides that the salary, allowances and other conditions of services of the chairperson shall be the same as that of a chief justice of the high court the salary, allowances and other conditions of services of the members shall be the same as that of a judges of the high court further, after a person is appointed as a chairperson or a member, his conditions of service, allowances and pension payable to him shall not be varied to his disadvantageclause 69 - this clause provides for restriction on employment by chairperson and members after ceasing to hold the office it also provides that the chairperson and members of lokayukta shall be ineligible to contest any election of governor or vice-governor or member of either house of parliament or member of either house of a state legislature or municipality or panchayat within a period of five years from the date of relinquishing the post however, a member shall be eligible to be appointed as a chairperson if his total tenure as member and chairperson does not exceed five years however it is clarified that where the member is appointed as the chairperson, his term of office shall not be more than five years in aggregate as the member and the chairpersonclause 70 —this clause seeks to provide that in the event of occurrence of any vacancy in the office of chairperson, by reason of his death, resignation or otherwise, the governor may authorise the senior-most member to act as the chairperson until a new chairperson is appointed to fill the vacancy when a chairperson is unable to discharge is functions owing to absence or leave or otherwise, the governor may authorise the seniormost member to discharge is functionsclause 71 - this clause seeks to provide that the secretary or other officers and staff of the lokayukta shall be appointed by the chairperson or the member or officer of lokayukta as the chairperson may direct it provides that there shall be a secretary to the lokpal in the rank of secretary to government of india, and a director of inquiry and director of prosecution not below the rank of the additional secretary to the government of india or equivalent, who shall be appointed by the chairperson from a panel of names sent by the central government the governor may make rules that the appointment in respect of any post or posts shall be made after consultation with the state public service commissionclause 72 - this clause provides for setting up of an inquiry wing of the lokayukta headed by the director of inquiry for the purpose of conducting preliminary inquiry of any offence alleged to have been committed by a public servant punishable under the prevention of corruption act, 1988 it further provides that till such time the inquiry wing is constituted by the lokayukta, the state government will make available the services of its inquiry officers and other staff required by the lokayukta it also provides that for the purposes of assisting the lokayukta in conducting preliminary inquiry under the proposed legislation, the officers of the inquiry wing not below the rank of under secretary to in the state government, shall have the same powers as are conferred upon the lokayukta under clause 88clause 73 - this clause seeks to provide that the lokayukta may constitute a prosecution wing headed by a director of prosecution with such other officers and employees as required to assist him for the purpose of prosecution of public servants in relation to offences punishable under the prevention of corruption act, 1988, and such prosecution on the directions of the lokayukta shall file a case in accordance with the investigation report, before the special court it further provides that the report, on the directions of the lokayukta, filed by the director of prosecution before the special court shall be deemed to be a report, filed on completion of investigation, referred to in section 173 of the code of criminal procedure, 1973clause 74 —this clause lays down that the administrative expenses of the lokayukta including salaries, allowances and pensions payable to or in respect of chairperson, members, secretary or other officers or staff of the lokayukta shall be charged upon the consolidated fund of the state it also provides that any fees or other moneys taken by the lokayukta shall form part of the consolidated fund of that stateclause 75 - this clause deals with the jurisdiction of lokayukta sub-clause (1)seeks to provide that the lokayukta shall inquire or cause an inquiry to be conducted into any matter involved in or arising from or connected with any allegation of corruption made in a complaint in respect of any person who is or has been a chief minister it further provides that in the case of a minister, any person who is or has been a member of the state legislature, all officers and employees of the state from against the public servants as defined in sub-clauses (i) and (ii) of clause (c) of section 2 of the prevention of corruption act, 1988 who was serving or has served in connection with the affairs of the state, and chairperson or member or officers of certain boards, corporations, authority, company, society, trust, etc established by an act of parliament or of a state legislature or wholly or partly financed or controlled by the state government; director, manager, secretary or other officers of certain societies, association of persons etc and director, manager, secretary or other officer of every other society, etc wholly or partly financed or aided by the government and the annual income of which exceeds such amount as may be notified by the state government or from any foreign source under the foreign contribution (regulation) act, 2010 in excess of ten lakh rupees in a year or such higher amount as the central government may by notification specify it also provides that any entity or institution, by whatever name called, corporate, society, trust, association of persons, partnership, sole proprietorship, limited liability partnership (whether registered under any law for the time being in force or not), shall be the entities covered in the items (f) and (g) sub-clause (2) provides that the lokayukta shall not inquire into any matter against any member of the state legislature in respect of anything said or vote given by him in the state legislature or any committee thereof covered under the provisions of clause (2) of article 194 of the constitutionsub-clause (3) provides that the lokayukta may inquire into any act or conduct of any person if such person is involved in the act of abetting, bribe giving or bribe taking or conspiracy relating to any allegation of corruption under the prevention of corruption act, 1988sub-clause (4) seeks to provide that in the matters in respect of which a complaint has been made under the proposed legislation shall not be referred for inquiry under the commissions of inquiry act, 1952 the explanation clarifies that a complaint under the proposed legislation shall relate only to a period during which the public servant was holding or serving as a public servantclause 76 - this clause lays down that matters pending before any court or committee or authority prior to commencement of the proposed legislation shall be continued before such court, committee or authority, as the case may beclause 77 - this clause seeks to provide that the jurisdiction of the lokayukta may be exercised by benches thereof a bench of the lokayukta may be constituted by the chairperson with two or more members every bench shall ordinarily consist of at least one judicial member in it the benches of lokayukta shall ordinarily be at capital of the state and at such other places as the lokayukta may, by regulations, specifyclause 78 - this clause seeks to empower the chairperson to distribute the business of lokayukta amongst its benches and also specify the matters which may be dealt with by each benchclause 79 - this clause seeks to provide that the chairperson may transfer any case pending before one bench for disposal to any other bench on receipt of an application for such transfer from the complainant or the public servantclause 80 - this clause seeks to provide that the decision of the lokayukta shall be according to the opinion of the majority of the members of lokayukta however, if the members of a bench consisting of two members differ in opinion on any point or points shall be referred to the chairperson the chairperson may either hear such point or points himself or refer the same for hearing by one or more other member and it shall be decided accordingly to the opinion of the majority of the members who have heard the case including those who first heard itclause 81— this clause makes provision relating to complaint and preliminary inquiry and investigation by lokayukta it provides that the lokayukta may, on receipt of a complaint first decide whether to proceed in the matter or close the peruse and if the lokayukta decides to proceed further it shall order the preliminary inquiry by its inquiry wing or any agency (including any special investigation agency) to ascertain whether there exists a prima facie case for proceeding in the matter it further provides that during the preliminary inquiry the inquiry wing or any agency shall conduct a preliminary inquiry and on the basis of material, information and documents collected seek the comments on the allegations made in the complaint from the competent authority received from the public servant, within sixty days from the date of receipt of the reference and after obtaining the comments from the competent authority shall report to the lokayuktait further provides that a bench consisting of not less than three members of the lokayukta shall consider every such report received from the inquiry wing or any agency and after giving an opportunity of being heard to the public servant decide as to whether there exists a prima facie case, and make recommendations to proceed with investigation by its investigation wing or any investigating agency; or with initiation of the departmental proceedings or any other appropriate action against the concerned public servants by the competent authority; or with closure of the proceedings against the public servant and take action to proceed against the complainantit also seeks to provide that in case the lokayukta decides to proceed to investigate into the complaint, it shall direct its investigation wing or any other agency to carry out the investigation as expeditiously as possible and complete the investigation within a period of six months from the date of its order and submit the investigation report containing its findings to the lokayukta however, after recording the reasons the lokayukta can extend the said period by a further period of six months and a bench consisting of not less than three members of the lokayukta shall consider every report received by it from the investigation wing or any other agency may, after giving an opportunity of being heard to the public servant, decide as to file charge-sheet or closure report before the special court against the public servant; or to initiate the departmental proceedings or any other appropriate action against the concerned public servants by the competent authorityit also provides that the lokayukta shall direct, its prosecution wing to initiate prosecution in the special court in respect of the cases investigated by its investigation wing; or any other agency in respect of the cases investigated by such agency on the direction of lokayukta to obtain its approval and thereafter initiate prosecution in the special court and forward a copy of charge-sheet filed by it under this clause to the lokayukta for the purposes of superintendence and the lokayukta shall retain the original records and evidences, which are likely to be required in the process of preliminary inquiry or investigation or conduct of a case by it or by the special courtclause 82 —this clause seeks to provide that the persons against whom any preliminary inquiry or investigation is proposed to be conducted shall be allowed to inspect any record in connection with the commission of any alleged office which are necessary for him to defend his case and take extracts therefromclause 83 - this clause provides that persons likely to be prejudicially affected are to be provided a reasonable opportunity of being heard in the inquiry and to produce evidence in his defence consistent with the principles of natural justice however, this will not apply where the credibility of a witness is being questionedclause 84— this clause makes provision that no sanction or approval of any authority shall be required by the lokayukta or its investigation wing, in respect of the cases investigated by its investigation wing; or any agency in respect of the cases investigated by such agency on the direction of lokayukta, under section 197 of the code of criminal procedure, 1973 or section 19 of the prevention of corruption, act, 1988 for the purpose of making preliminary inquiry by the lokayukta or its inquiry wing or investigation by its investigation wing into any complaint against any public servant or for filing of any charge sheet or closure report on completion of investigation in respect thereof before the special court under the proposed legislationclause 85— this clause seeks to provide for action on inquiry against public servant being chief minister, ministers or members of state legislature it provides that where the commission of offence under prevention of corruption act, 1988 by such public servants has taken place, the lokayukta may file a case in the special court and send a copy of the report along with its findings to the competent authority as defined in the proposed legislation it also provides that the competent authority shall examine the report and communicate to the lokayukta within a period of ninety days days from the date of receipt of the report, the action taken or proposed to be taken on the basis of the report and the reasons for not taking any action on the recommendation of the lokayukta however, in computing the period of ninety days, the period during which the state legislative will not be in session shall be excludedclause 86— this clause seeks to empower the lokayukta with supervisory powersit provides that the lokayukta shall, notwithstanding anything contained in any law for the time being in force, have the powers of superintendence and direction, over the investigation agency in respect of the maters in so far as they relate to the investigation by such agency under the proposed legislationclause 87— this clause seeks to confer power of search and seizure of documents on the lokayuktaclause 88— this clause provides that the lokayukta shall have all the powers of a civil court in certain matters and the proceedings before the lokayukta shall be deemed to be judicial proceedings within the meaning of section 193 of the indian penal codeclause 89— this clause seeks to make provision that the lokayukta may utilise the services of any officer or organisation or investigating agency of the state government it also enables the lokayukta to confer certain powers on such officers or organisation or investigating agencyclause 90— this clause makes provision for provisional attachment of assets by the lokayukta or any investigation officer authorised by it if such assets are any proceeds of corruptionclause 91— this clause makes provision for confirmation of provisional attachment of assets made by the lokayukta under clause 90 by the special courtclause 92¯this clause makes provision for confiscation of assets, proceeds, receipts and benefits arisen or procured by means of corruption in special circumstances it provides that the special court, on the basis of prima facie evidence, has reason to believe or is satisfied that the assets, proceeds, receipts and benefits have arisen or procured by means of corruption by the public servant, then it may authorise the confiscation of such assets, proceeds, receipts and benefits till his acquittal it further provides that in case the order of confiscation is modified or annulled by the high court or where the public servant is acquitted by the special court, the assets, proceeds, receipts and benefits, confiscated shall be returned to him, and in case it is not possible for any reason to return the assets, proceeds, receipts and benefits, he shall be paid the price thereof including the money so confiscated with the interest at the rate of five per cent per annum calculated from the date of confiscationclause 93 - this clause seeks to provide that the lokayukta may recommend transfer or suspension of any public servant connected with allegation of corruption this clause also provides that ordinarily the recommendation of the lokayukta shall be accepted by the governmentclause 94 - this clause seeks to provide that the lokayukta may give directions to prevent destruction of records during inquiryclause 95— this clause seeks empower the lokayukta to function as the appellate authority in respect of appeals arising out of any other law for the time being in force providing for public service and redressal of public grievances by any public authorityclause 96—this clause provides that the lokayukta may, by general or special order in writing, and subject to such conditions and limitations as may be specified therein, direct that any administrative or financial power conferred on it may also be exercised or discharged by such of its members or officers or employees as may be specified in the orderclause 97— this clause seeks to provide for application of certain provisions relating to lokpal to apply to lokayukata it provides that the provisions contained in chapters ix, x, xi, xii, xiii, xiv and xv (except section 59) shall apply to a lokayukta and shall have effect, with the modifications, relating to any references to "president" shall be construed as references to "governor of the state"; "central government" as "state government"; "each house of parliament" or "parliament", as "legislature of the state";"lokpal" as "lokayukta"; "comptroller and auditor-general of india" as "accountant general of the state" and references to "chief justice of india" shall be construed as references to "chief justice of the high court of the state"the schedule to the proposed legislation contains the details of amendments in certain enactments which are consequential to the enactment of the proposed legislation financial memorandum sub-clause (1) of clause 3 of the bill provides for the establishment of a body to be called the lokpal for the purpose of making inquiries in respect of complaints as may be made under the proposed legislation2 sub-clause (2) of clause 3 provides for the appointment of the lokpal consisting of a chairperson and eight members clause 7 of the bill envisages that the salary, allowances and other conditions of service of, the chairperson of the lokpal shall be the same as those of the chief justice of india and the members as those of the judges of the supreme court this clause also provides that the salary payable to the chairperson and members shall be reduced by any pension and pension equivalent to other pensionary benefits to which the member may be entitled to in respect of any previous service under the government of india or under the government of a state3 clause 10 of the bill provides for the appointment of a secretary, director of inquiry and director of prosecution and officers and other staff sub-clause (4) of the said clause provides that the conditions of service of secretary and other officers and staff of the lokpal shall be such as may be specified by regulations made by the lokpal for the purpose4 sub-clause (1) of clause 11 provides that the lokpal shall constitute an inquiry wing headed by the director of inquiry for the purpose of conducting preliminary inquiry of any offence alleged to have been committed by a public servant punishable under the prevention of corruption act, 1988 sub-clause (1) of clause 12 provides that the lokpal shall constitute a prosecution wing headed by the director of prosecution for the purpose of prosecution of public servants in relation to any complaint by the lokpal under this act sub-clause (1) of clause 28 empowers the lokpal to utilise the services of any officer or investigating agency of the central government or any state government for the purpose of conducting any inquiry5 clause 13 of the bill provides that the administrative expenses of the lokpal, including the salaries, allowances and pensions payable to or in respect of the chairperson, members or secretary or other officers or staff of the lokpal, shall be charged upon the consolidated fund of india and any fees and other moneys taken by the lokpal shall form part of that fund6 at this stage, it is not possible to give precise details of the expenditure to be incurred on the lokpal it is, however, expected that the bill, if enacted and brought into operation, would involve a non-recurring expenditure of one hundred crores of rupees and a recurring expenditure of two hundred crores of rupees in a financial year in case it becomes necessary to construct a building to house the establishment of the lokpal, additional expenditure of a non-recurring nature of the order four hundred crores of rupees may also be involved7 part iii of the bill provides for constitution of lokayukta in every state clause 74provides that the administrative expenses of the lokayukta, including all salaries, allowances and pensions payable to or in respect of the chairperson, members or secretary or other officers or staff of the lokayukta, shall be charged upon the consolidated fund of the state and any fees or other moneys taken by the lokayukta shall form part of that fund the expenditure in this regard shall be borne by the respective state govenments the expenditure in this regard may differ from state to state8 the bill, if enacted, is not likely to involve any other recurring or non-recurring expenditure memorandum regarding delegated legislationclause 59 of the bill empowers the central government to make rules for the purpose of carrying out the provisions of the proposed legislation sub-clause (1) of the said clause specifies the various matters in respect of which the rules may be made these matters, inter alia, relate to the form of complaint referred to in clause (d) of sub-section (1) of section 2; the term of search committee, fee and allowances payable to the members of search committee and the manner of selection of panel of names; procedure of inquiry into misbehaviour for removal of the chairperson or any member; the posts in respect of which appointments shall be made after consultation with the union public service commission; matters for which the lokpal shall have the powers of a civil court; the manner of sending an order of attachment to a special court; the manner of transmitting the letter of request under sub-section (2) of section 36; the manner of making reference to the chief justice of india; the form and the time for preparing the budget; the form for maintaining accounts and other relevant records and the form of annual statement of accounts; the form and manner and time for preparing the returns and statements under sub-section (1) of section 43; the form and the time for preparing the annual report; the form of annual return to be filed by a public servant under sub-section (5) of section 44; the minimum value for which the competent authority may condone or exempt a public servant from furnishing information in respect of assets under the proviso to section 452 clause 60 of the bill empowers the lokpal to make, by notification in the official gazette, regulations for carrying out the provisions of the proposed legislation such regulations should be consistent with the provisions of the proposed legislation and the rules made thereunder the matters in respect of which the lokpal may make regulations, inter alia, include the conditions of service of the secretary and other officers and staff of the lokpal and the matters which in so far as relate to salaries, allowances, leave or pensions, the place of sittings of benches of the lokpal, the manner for displaying the status of all complaints pending or disposed of on the website of the lokpal, and the manner and procedure of conducting an inquiry or investigation3 clause 61 of the bill provides that the rules made by the central government and regulations made by the lokpal under the proposed legislation are required to be laid before each house of parliament, as soon as they are made4 clause 97 of the bill provides for application of certain provisions relating to lokpal to apply to lokayukata in the states the aforesaid provisions, inter alia, confers power upon the state government to make rules for lokayaukta in respect of the matters similar to the lokpal and also confers powers upon the lokayukta to make regulations in respect of the matters similar to the lokpal5 the rules made by the state government and regulations made by the lokayuktaunder the proposed legislation are required to be laid before the state legislature, as soon as they are made6 the matters in respect of which rules or regulations may be made under the proposed legislation are matters of procedure or detail necessary for effective administration of the provisions of the proposed legislation 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 extract from the commissions of inquiry act, 1952 (60 of 1952) appointement of commission3 (1) the appropriate government may, if it is of opinion that it is necessary so to do, and shall, if a resolution in this behalf is passed by each house of parliament or, as the case may be, the legislature of the state, by notification in the official gazette, appoint a commission of inquiry for the purpose of making an inquiry into any definite matter of public importance and performing such functions and within such time as may be specified in the notification, and the commission so appointed shall make the inquiry and perform the functions accordingly:provided that where any such commission has been appointed to inquire into any matter—(a) by the central government, no state government shall, except with the approval of the central government, appoint another commission to inquire into the same matter for so long as the commission appointed by the central government is functioning; ———— extracts from the delhi special police establishment act, 1946 (25 of 1946) 4a (1) the central government shall apoint the director on the recommendation of the committee consisting of—committee for appointment of director(a)the central vigilance commissioner—chairperson;(b)vigilance commissioners—member;(c)secretary to the government of india incharge of the—memberministry of home affairs in the central government(d) the secretary to the government of india in charge of the ministry or department of the central goverment having administrative control of the delhi special police establishment- member 4c (1) the committee referred to in section 4a shall, after consulting the director, recommend officers for appointment to the posts of the level of superintendent of police and above and also recommend the extension or curtailment of the tenure of such officers in the delhi special police establishment appointment for posts of superintendent of police and above, extension and curtailment of their tenure extracts from the prevention of corruption act, 1988 (49 of 1988) chapter iii offences and penaltiespublic servant taking gratification other than legal remuneration in respect of an official act7 whoever, being, or expecting to be a public servant, accepts or obtains or agrees to accept or attempts to obtain from any person, for himself or for any other person, any gratification whatever, other than legal remuneration, as a motive or reward for doing or forbearing to do any official act or for showing or forbearing to show, in the exercise of his official functions, favour or disfavour to any person or for rendering or attempting to render any service or disservice to any person, with the central government or any state government or parliament or the legislature of any state or with any local authority, corporation or government company referred to in clause (c) of section 2, or with any public servant, whether named or otherwise, shall1 be punishable with imprisonment which shall be not less than six months but which may extend to five years and shall also be liable to fineexplanations— (a) "expecting to be a public servant" if a person not expecting to be in office obtains a gratification by deceiving others into a belief that he is about to be in office, and that he will then serve them, he may be guilty of cheating, but he is not guilty of the offence defined in this section(b) "gratification" the world "gratification" is not restricted to pecuniary gratifications or to gratifications estimable in money(c) "legal remuneration" the words "legal remuneration" are not restricted to remuneration which a public servant can lawfully demand, but include all remuneration which he is permitted by the government or the organisation, which he serves, to accept(d) "a motive or reward for doing" a person who receives a gratification as a motive or reward for doing what he does not intend or is not in a position to do, or has not done, comes within this expression(e) where a public servant induces a person erroneously to believe that his influence with the government has obtained a title for that person and thus induces that person to give the public servant, money or any other gratification as a reward for this service, the public servant has committed an offence under this sectiontaking gratification, in order, by corruption or illegal means, to influence public servant8 whoever accepts or obains, or agrees to accept, or attempts to obtain, from any person, for himself or for any other person, any gratification whatever as a motive or reward for inducing, by corrupt or illegal means, any public servant, whether named or otherwise, to do or to forbear to do any official act, or in the exercise of the official functions of such public servant to show favour or disfavour to any person or to render or attempt to render any service or disservice to any person with the central government or any state government or parliament or the legislature of any state or with any local authority, corporation or government company referred to in clause (c) of section 2, or with any public servant, whether named or otherwise, shall be punishable with imprisonment for a term which shall be not less than six months but which may extend to five years and shall also be liable to finetaking gratification, for exercise of personal influence with public servant9 whoever accepts or obtains or agrees to accept or attempts to obtain, from any person, for himself or for any other person, any gratification whatever, as a motive or reward for inducing, by the exercie of personal influence, any public servant whether named or otherwise to do or to forbear to do any offical act, or in the exercise of the official functions of such public servant to show favour or disfavour to any person, or to render or attempt to parliament or the legislature of any state or render any service or disservice to any person with the central government or any state or with any local authority, corporation or government company referred to in clause (c) of section 2, or with any public servant, whether named or otherwise, shall be punishable with imprisonment for a term which shall be not less than six months but which may extend to five years and shall also be liable to fine12 whoever abets any offence punishable under section 7 or section 11 whether or not that offence is committed in consequence of that abetment, shall be punishable with imprisonment for a term which shall be not less than six months but which may extend to five years and shall also be liable to finepunishment for abetment of offences defined in section 7 or 1113 (1) criminal misconduct by a public servant(2) any public servant who commits criminal misconduct shall be punishable with imprisonment for a term which shall be not less than one year but which may extend to seven years and shall also be liable to fine14 whoever habitually commits—(a) an offence punishable under section 8 or section 9; or (b) an offence punishable under section 12,habitual committing of offence under sections 8, 9 and 12shall be punishable with imprisonment for a term which shall be not less than two years but which may extend to seven years and shall also be liable to finepunishment for attempt15 whoever attempts to commit an offence referred to in clause (c) or clause (d) of sub-section (1) of section 13 shall be punishable with imprisonment for a term which may extend to three years and with fine chapter v sanction for prosecution and other miscellaneous provisions19 (1) no court shall take cognizance of an offence punishable under sections 7, 10,11, 13 and 15 alleged to have been committed by a public servant, except with the previous sanction,—previous sanction necessary for prosecution(a) in the case of a person who is employed in connection with the affairs of the union and is not removable from his office save by or with the sanction of the central government, of that government;(b) in the case of a person who is employed in connection with the affairs of a state and is not removable from his office save by or with the sanction of the state government, of that government;(c) in the case of any other person, of the authority competent to remove him from his office (2) where for any reason whatsoever any doubt arises as to whether the previous sanction as required under sub-section (1) should be given by the central government or the state government or any other authority, such sanction shall be given by that government or authority which would have been competent to remove the public servant from his office at the time when the offence was alleged to have been committed2 of 1974(3) notwithstanding anything contained in the code of criminal procedure, 1973,—(a) no finding, sentence or order passed by a special judge shall be reversed oraltered by a court in appeal, confirmation or revision on the ground of the absence of or any error, omission or irregularity in, the sanction required under sub-section (1),unless in the opinion of that court, a failure of justice has in fact been occasioned thereby;(b) no court shall stay the proceeding under this act on the ground of any error, omission or irregularity in the sanction granted by the authority, unless it is satisfied that such error, omission or irregularity has resulted in a failure of justice;(c) no court shall stay the proceedings under this act on any other ground and no court shall exercise the powers of revision in relation to any interlocutory order passed in any inquiry, trial, appeal or other proceedings(4) in determining under sub-section (3) whether the absence of, or any error, omission or irregularity in, such sanction has occasioned or resulted in a failure of justice the court shall have regard to the fact whether the objection could and should have been raised at any earlier stage in the proceedings explanation—for the purposes of this section,—(a) error includes competency of the authority to grant sanction; (b) a sanction required for prosecution includes reference to any requirement that the prosecution shall be at the instance of a specified authority or with the sanction of a specified person or any requirement of a similar nature ———— a billto provide for the establishment of a body of lokpal for the union and lokayukta for states to inquire into allegations of corruption against certain public functionaries and for matters connected therewith or incidental thereto————(shri v narayanasamy, minister of state in the ministry of personnel, public grievances and pensions) | Parliament_bills | e9047bec-5561-56c3-8f7b-8f4520c0c335 |
bill no 224 of 2016 the mahatma gandhi national rural employment guarantee (amendment) bill, 2016 by dr udit raj, mp a billfurther to amend the mahatma gandhi national rural employment guarantee act, 2005be it enacted by parliament in the sixty-seventh year of the republic of india as follows:—short title and1 (1) this act may be called the mahatma gandhi national rural employmentguarantee (amendment) act, 2016(2) it shall come into force on such date, as the central government may, by notificationin the official gazette, appoint statement of objects and reasonspara 20 of schedule i of the mahatma gandhi national rural employment guarantee act, 2005 provides that for all works taken up by the gram panchayats and other implementing agencies, the cost of the material component including the wages of the skilled and semiskilled workers shall not exceed forty per cent at the gram panchayat or the district level, as the case may be since the scheme has come into force, it is observed that there is a great difficulty in maintaining the expenditure ratio in terms of material in the given prescribed limits and in some cases it exceeded to more than fifty per cent the social audit of the scheme implementation has also indicated that the work is not being undertaken within prescribed ceiling in the act so, under the existing limit of forty per cent good quality work cannot be undertaken by the gram panchayat or the district authorities for creating better social infrastructure in the rural areas hence, the bill seeks to increase the material component limit upto sixty per cent so as to enable creation of better infrastructure in rural areashence this billnew delhi;udit rajjuly, 8, 2016 annexure extract from the mahatma gandhi national rural employment guarantee act, 2005 (42 of 2005) [schedule-i] minimum features of a rural employment guarantee scheme 20 for all works taken up by the gram panchayats, the cost of the material component including the wages of the skilled and semi-skilled workers shall not exceed forty per cent at the gram panchayat level for works taken up by the implementing agencies other than gram panchayats, the overall material component including the wages of the skilled and semiskilled workers shall not exceed forty per cent at the district level ———— a billfurther to amend the mahatma gandhi national rural employment guarantee act, 2005————(dr udit raj, mp)gmgipmrnd—2579ls(s3)—28-09-2016 | Parliament_bills | 47767309-92eb-55b9-b731-1c717a0b385d |
bill no ix of 2016 the constitution (amendment) bill, 2016 a bill further to amend the constitution of indiabe it enacted by parliament in the sixty-seventh year of the republic of india as follows:—1 (1) this act may be called the constitution (amendment) act, 2016(2) it shall come into force at onceshort title and commencement2 for article 343 of the constitution, the following shall be substituted, namely:—"343 the national language of the union shall be hindi in devanagari script"amendment of article 343 national language of the union3 in article 348 of the constitution, in clause (1),—amendment of article 348"(i) in sub-clause (a), after the words all the proceedings in the supreme court and in every high court the words shall be both in hindi and english be inserted(ii) for sub-clause (b), the following shall be substituted, namely:—"(b) the authoritative texts—5(i) of all bills to be introduced or amendments thereto to be moved in either house of parliament or in the house or either house of the legislature of a state,(ii) of all acts passed by parliament or the legislature of a state and of all ordinances promulgated by the president or the governor of a state, and10(iii) of all orders, rules, regulations and bye-laws issued under this constitution or under any law made by parliament or the legislature of a state, shall be in the hindi language statement of objects and reasonsin the british period, in order to establish their sway over india and for their administrative convenience, british imposed english on the people of india this is nothing short of an irony that even after sixty-nine years of independence linguistically we continue with that colonial mindset after independence, our constitution makers had expressed the mass sentiment towards hindi through the constitution keeping the linguistic diversity in mind, an arrangement was made for using english for official purposes for the next 15 years alongside, in the constitution, president was entrusted with the power to constitute official language commission to resolve the language related issues and promotion of hindi thereafter, commission was constituted, committees were formed with umpteen numbers of reports and several orders were issued and attempts to implement the provisions of offcial language commission were made but, eventually, the expected results could not be achieved activities being undertaken in this offcial language remain a mere formality and no concerete effect can be seen on the ground due to government policies, english evolved repidly as offcial language whereas the hindi, the language of the masses remained neglectedit is unfortunate that english remains the primary language for judicial, parliamentary and other administrative functions even today, we are not in a position to preserved and promote our rich language whereas, the language of all the rich countries are continuously flourshing and we are backtracking in the level of our own language hindi is the only language that can unite this diverse nation in one strand the utmost need of the hour is to initiate the rise and evolution of as a rich language as hindi it is necessary to take a concrete initiative in this direction so that hindi language can get its due respect to attain this we cannot get expected results only from the constitutional commission and official language commission, but what we need today is to entrust the status of national language upon hindi and make a way for its evolutionhence the bill vivek gupta annexure extracts from the constitution of india$\phi\circ\phi$ part xvii official language chapter 1—language of the union343 (1) the official language of the union shall be hindi in devanagari scriptofficial language of the unionthe form of numerals to be used for the official purposes of the union shall be the international form of indian numerals(2) notwithstanding anything in clause (1), for a period of fifteen years from the commencement of this constitution, the english language shall continue to be used for all the official purposes of the union for which it was being used immediately before such commencement:provided that the president may, during the said period, by order authorise the use of the hindi language in addition to the english language and of the devanagari form of numerals in addition to the international form of indian numerals for any of the official purposes of the union(3) notwithstanding anything in this article, parliament may be law provide for the use, after the said period of fifteen years, of—(a) the english language, or (b) the devanagari form of numerals, for such purposes as may be specified in the law chapter iii—language of the supreme court, high courts, etc348 (1) notwithstanding anything in the foregoing provisions of this part, until parliament by law otherwise provides—(a) all proceedings in the supreme court and in every high court, (b) the authoritative texts—language to be used in the supreme court and in the high court and for acts, bills, etc(i) of all bills to be introduced or amendments thereto to be moved in either house of parliament or in the house or either house of the legislature of a state,(ii) of all acts passed by parliament or the legislature of a state and of all ordinances promulgated by the president or the governor of a state, and(iii) of all orders, rules, regulation and bye-laws issued under this constitution or under any law made by parliament or the legislature of a state, shall be in the english language rajya sabha————abillfurther to amend the constitution of india————(shri vivek gupta, mp)gmgipmrnd—4605rs(s3)—26-02-2016 | Parliament_bills | 86c2c34a-905b-59bc-82bf-ca5456d6e0ef |
bill no xliii of 2010 the central educational institutions (reservation in admission) amendment bill, 2010 a billto amend the central educational institutions (reservation in admission) act, 2006be it enacted by parliament in the sixty-first year of the republic of india as follows:—short title1 this act may be called the central educational institutions (reservation in admission) amendment act, 20102 in section 2 of the central educational institutions (reservation in admission) act,2006 (hereinafter referred to as the principal act), after clause (i), the following clauses shall be inserted, namely:—'(ia) "specified north-eastern region" means the area comprising of the states of arunachal pradesh, manipur, meghalaya, mizoram, nagaland, sikkim, tripura and the tribal areas of assam referred to in the sixth schedule to the constitution;10(ib) "state seats", in relation to a central educational institution, means suchseats, if any, out of the annual permitted strength in each branch of study or faculty asare earmarked to be filled from amongst the eligible students of the state in which such institution is situated;' 3 in section 3 of the principal act, the following provisos shall be inserted, namely:—amendment of section 35"provided that the state seats, if any, in a central educational institution situated in the tribal areas referred to in the sixth schedule to the constitution shall be governed by such reservation policy for the scheduled castes, the scheduled tribes and the other backward classes, as may be specified, by notification in the official gazette, by the government of the state where such institution is situated:10provided further that if there are no state seats in a central educational institution and the seats reserved for the scheduled castes exceed the percentage specified under clause (i) or the seats reserved for the scheduled tribes exceed the percentage specified under clause (ii) or the seats reserved for the scheduled castes and the scheduled tribes taken together exceed the sum of percentages specified under clauses (i) and (ii), but such seats are—1520(a) less than fifty per cent of the annual permitted strength on the date immediately preceding the date of commencement of this act, the total percentage of the seats required to be reserved for the other backward classes under clause (iii) shall be restricted to the extent such sum of percentages specified under clauses (i) and (ii) falls short of fifty per cent of the annual permitted strength;25(b) more than fifty per cent of the annual permitted strength on the date immediately preceding the date of commencement of this act, in that case no seat shall be reserved for the other backward classes under clause (iii) and the extent of reservation of seats for the scheduled castes and the scheduled tribes under clauses (i) and (ii) shall, notwithstanding anything contained in section 6, be—30(i) reduced to fifty per cent of the annual permitted strength in the academic year immediately succeeding the commencement of the central educational institutions (reservation in admission) amendment act, 2010, in respect of a central educational institution situated in any area other than the specified north-eastern region;(ii) not reduced in respect of a central educational institution situated in the specified north-eastern region"4 in section 4 of the principal act, clause (a) shall be omittedamendment of section 4355 in section 5 of the principal act,—amendment of section 5(a) in sub-section (1), for the words "number of such seats available", the words"number of such seats available or actually filled, whichever be less," shall be substituted;40(b) in sub-section (2), for the words "three years", the words "six years" shall be substitutedamendment of section 66 in section 6 of the principal act, for the figures "2007", the figures "2008" shall be substituted statement of objects and reasonsthe central educational institutions (reservation in admission) act, 2006 provides, inter alia, for the reservation in admission of students belonging to the scheduled castes, the scheduled tribes and the other backward classes of citizens to the extent of fifteen per cent, seven and one-half per cent and twenty-seven per cent respectively to certain central educational institutions established, maintained or aided by the central government it also provides for mandatory increase of seats in such institutions over a maximum period of three years from the academic session commencing on and from the calendar year, 2007 section 4 of the aforesaid act further provides that the provisions of the act are not applicable to certain central educational institutions including those established in the tribal areas referred to in the sixth schedule to the constitution2 it is noted that some of the central educational institutions particularly those situated in the north-eastern states including sikkim (but excluding the non-tribal areas of assam)inhabited significantly, and in some cases predominantly by tribal population and babasaheb bhimrao ambedkar university, lucknow, which has been reserving fifty per cent seats for the scheduled castes and the scheduled tribes in keeping with the objects specified in the act establishing that university, have been showing their inability to reduce the extent of reservation of seats for the scheduled castes and the scheduled tribes prevailing therein, in order to give way for reservation of twenty-seven per cent of seats for the other backward classes as stipulated under the act further, the existing provisions of the act exempt the central educational institutions situated in the tribal areas referred to in the sixth schedule to the constitution from reservation for the scheduled castes and the scheduled tribes, if any, but this was not intended while enacting the aforesaid act, except in case of minority educational institutions which are exempt in terms of clause (5) of article 15 of the constitution moreover, some of the central educational institutions have been finding it difficult to adhere to the time-limit of three years for creation of the requisite physical and academic infrastructure owing to various reasons beyond their control3 in order to remove the aforesaid practical difficulties being faced by the various central educational institutions in giving effect to the provisions of the central educational institutions (reservation in admission) act, 2006, it has become necessary to amend certain provisions of the act it is also proposed to clarify that implementation of the act has, in fact, taken effect from the calendar year 2008 and not from the year 2007 as specified in section 6 of the act4 the bill seeks to achieve the above objectsnew delhi;kapil sibalthe 2nd august, 2010 annexure extracts from the central educational institutions (reservation in admission) act, 2006 (5 of 2007)| | | | | ||------|------|------|------|-----|4 the provisions of section 3 of this act shall not apply to—act not to apply in certain cases(a) a central educational institution established in the tribal areas referred to in the sixth schedule to the constitution;| ||-------------|| mandatory || increase of || seats |5 (1) notwithstanding anything contained in clause (iii) of section 3 and in any other law for the time being in force, every central educational institution shall, with the prior approval of the appropriate authority, increase the number of seats in a branch of study or faculty over and above its annual permitted strength so that the number of seats, excluding those reserved for the persons belonging to the scheduled castes, the scheduled tribes and the other backward classes, is not less than the number of such seats available for the academic session immediately preceding the date of the coming into force of this act(2) where, on a representation by any central educational institution, the central government, in consultation with the appropriate authority, is satisfied that for reasons of financial, physical or academic limitations or in order to maintain the standards of education, the annual permitted strength in any branch of study or faculty of such institution cannot be increased for the academic session following the commencement of this act, it may permit by notification in the official gazette, such institution to increase the annual permitted strength over a maximum period of three years beginning with the academic session following the commencement of this act; and then, the extent of reservation for the other backward classes as provided in clause (iii) of section 3 shall be limited for that academic session in such manner that the number of seats available to the other backward classes for each academic session are commensurate with the increase in the permitted strength for each year6 the central educational institutions shall take all necessary steps, which are required in giving effect to the provisions of sections 3, 4 and 5 of this act, for the purposes of reservation of seats in admissions to its academic sessions commencing on and from the calendar year, 2007reservation of seats in admissions to begin in calendar year, 2007 rajya sabha———— a billto amend the central educational institutions (reservation in admission) act, 2006————(shri kapil sibal, minister of human resource development)gmgipmrnd—3502rs(s4)—04082010 | Parliament_bills | 26bd7bb6-8090-536a-9f5f-1cf6aac5e8d3 |
bill no 103 of 2014 the mines and minerals (development and regulation) amendment bill, 2014 byshri vincent h pala, mp abillfurther to amend the mines and minerals (development and regulation)act, 1957be it enacted by parliament in the sixty-fifth year of the republic of india as follows:—67 of 19572 after section 3 of the mines and minerals (development and regulation) act, 1957, the following heading and section thereunder shall be inserted, namely:—insertion of new section 3a ''provisions of the act not to apply to coal mining in scheduled areas53a (1) nothing in this act shall apply to operations already being undertaken or to be undertaken for the purpose of mining of coal in a traditional or customary manner in the tribal areas specified in the sixth schedule to the constitution(2) for the purpose of sub-section (1), the state government concerned shall, by notification in official gazette, specify the tribal areas where mining of coal is undertaken in a traditional or customary manner10act not to apply in relation to coal mining in tribal areas specified in the sixth schedule to the constitution(3) notwithstanding anything contained in this act, the district council for each autonomous area may regulate the operation of mining of coal in that autonomous area in public interest'' statement of objects and reasonsrecent trends in the administration of justice particularly by the national green tribunal have intrusive and obliterating effects on the traditional and customary coal mining activities in meghalaya and other north-eastern statesthe customary and traditional economic practices of the communities in the north-east india need statutory safeguards especially when the constitution guarantees for the preservation of the history, heritage, culture, economy and polity of the north-eastern statesthe recent interim order of the national green tribunal banning the rat-hole coal mining in meghalaya has resulted in deleterious economic consequences the protection of environment should not be at the cost of humanity if there is a conflict between livelihood and protection of environment, the former has to be favoured such contentious protection of environment at the cost of the interests of labourers and traditional workers is not indicative of a progressive societythe bill seeks to protect the economic life of the citizens living in the north-eastern states by exempting the areas where coal mining is undertaken in traditional or customary ways from the application of the mines and minerals (development and regulation) act, 1957 the bill also empowers the concerned state governments to notify such areas and further empowers the district councils of autonomous areas specified in the sixth schedule to the constitution to regulate such traditional and customary coal mining in public interesthence this billnew delhi;vincent h palajuly 22, 2014———— a billfurther to amend the mines and minerals (development and regulation) act, 1957————(shri vincent h pala, mp)gmgipmrnd—2517ls(s3)—31102014 | Parliament_bills | 821ac65b-ba7a-51f5-a74a-ae82a8d52f3a |
bill no 7 of 2010the abolition of begging bill, 2010by shri prasanta kumar majumdar, mpa billto provide for abolition of begging 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 abolition of begging act, 2010short title and extent(2) it extends to the whole of indiadefinitions2 in this act, unless the context otherwise requires,—(a) "appropriate government" means in the case of a state, the government ofthat state and in all other cases, the central government;(b) "beggar" means a person who indulges in begging; (c) "begging" means—(i) soliciting or receiving alms in a public place including railways, busstops, road sides or any other place where public has access;(ii) exposing or exhibiting any wound, deformity or disease of self or of any other person or of an animal for the purpose of soliciting or collecting alms;(iii) allowing one self to be used as an exhibit for the purpose of soliciting or collecting alms; (d) "child" means a boy or a girl who has not attained the age of eighteen years;556 of 2000(e) "children home" means special homes established under juvenile justice(care and protection of children) act, 2000; and(f) "receiving centre" means a centre established under section 53 begging by any person is hereby abolished104 whoever forces or encourages any person, including a child in his care, custody or charge, for begging shall be punished with rigorous imprisonment for a term which shall not be less than twenty years:abolition of beggingpunishment for forcing or encouraging any person for beggingprovided that the punishment, in case of a person who forces or encourages two or more persons to indulge in begging, shall not be less than twenty-five years155 (1) any person found begging shall be arrested by the police and before making every such arrest, the officer-in-charge of the concerned police station shall satisfy himself as to the bonafide of the arrested beggararrested beggars to be sent to receiving centres20(2) any person, other than a child, arrested on the ground of begging shall be sent to a receiving centre, to be established in every district by the appropriate government, wherein such person shall be provided with facilities for his rehabilitationexplanation:— for the purpose of this section, facilities for rehabilitation includes medical care, sustenance and training in agricultural or industrial or other pursuits aiming at providing gainful employment to the beggars(3) any child arrested on the ground of begging shall be sent to a children home256 the central government shall constitute a fund to be known as the beggars'welfare fund for the welfare of the beggarsconstitution of beggars' welfare fund formulation of schemes, plans for beggars7 (1) the appropriate government shall, for the purpose of providing employment opportunities to beggars, formulate such schemes, work out such plans, including plans for provision of education, and create such suitable infrastructure in every district, as it considers appropriate30(2) the appropriate government shall set up destitute homes in every district for providing food, shelter and protection to the old, infirm, helpless and destitute persons to ensure that they do not indulge in beggingpunishment for maiming358 any person who maims himself or other persons for the purpose of soliciting orcollecting alms shall be punished with rigorous imprisonment for a term which may extend to twenty years9 notwithstanding anything contained in any other law for the time being in force, an offence under this act shall be cognizable and non-bailableoffence to be cognizable and non-bailable power to make rules4010 (1) the appropriate government may, by notification in the official gazette, makerules for carrying out the purposes of this act45(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 reasonsfor the last sixty-two years of our independence, government has failed to check and abolish begging in the country despite welfare measures taken by the central and the state governments, begging continues unabated all over the country, especially in the metroplitan cities and urban centresin cities, beggars are seen lurking and forcing even foreign visitors to pay alms such unwarranted acts do not only leave bad impression in the minds of visitors but also bring dishonour to the name of the nationdrives launched by different state governments and union territory administrations and anti-begging legislations enacted by various state legislatures so far have failed to contain this menace, which has assumed criminal proportionsto root-out the menace of begging from the country, a national perspective has to be created by developing an infrastructure to tackle begging not only by a legal framework but also socially by creating an environment of accommodation and acceptance of beggars in the society, to assure them a life with dignity therefore, it is necessary to create an atmosphere so that beggars are provided with sufficient means of livelihood by the governmenthence this billnew delhi;prasanta kumar majumdardecember 17, 2009 financial memorandumclause 5 of the bill provides for establishment of "receiving centres" by the appropriate government clause 6 provides for establishment of the beggars' welfare fund by the central government clause 7 of the bill provides for formulation of schemes and creating suitable infrastructure in every district to enable the beggars to earn their livelihood the central government would have to incur expenditure from the consolidated fund of india for the establishment of receiving centres, destitute homes for formulation of schemes and creating suitable infrastructure in respect of union territories as far as the establishment of receiving centres, destitute homes and formulation of schemes and creating suitable infrastructure in the states is concerned, the state governments will incur expenditure from their respective consolidated funds the bill, therefore, if enacted, will involve expenditure from the consolidated fund of india it is likely to involve a recurring expenditure of about rupees eight hundred crore per annuma non-recurring expenditure of about rupees forty crore is also likely to be involved memorandum regarding delegated legislationclause 10 of the bill empowers the central government to make rules for carrying out the purpose of the bill as the rules will relate to matters of detail only, the delegation of legislative power is of a normal character———— a billto provide for abolition of begging and for matters connected therewith or incidental thereto————(shri prasanta kumar majumdar, mp)gmgipmrnd—165ls(s-1)—22-02-2010 | Parliament_bills | 7d0f19a0-e469-54a7-b0a6-bef7df87fe60 |
bill no 192 of 2016 the child labour (abolition) bill, 2016 byshri vinayak bhaurao raut, mpa billto abolish the practice of child labour 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 child labour (abolition) act, 2016(2) it extends to the whole of indiashort title, extent and commencementdefinitions2 in this act, unless the context otherwise requires,—(a) "appropriate government" means in the case of a state, the government of that state, and in all other cases, the central government;(b) "child" means a boy or a girl who has not attained the age of eighteen years;5(c) "establishment" includes a household, shop, commercial establishment, workshop, farm or any residential place where commercial activity is involved, residential hotel, restaurant, eating-house, theatre or other place of public amusement or entertainment; and(d) "prescribed" means prescribed by rules made under this act103 child labour, in any form, in any establishment in the country, is hereby abolishedabolition of child labour punishment4 whoever employs a child in any establishment, shall be punished with simple imprisonment for a term which may extend upto three years and with fine which may extend upto rupees one lakh155 any parent or a lawful guardian of a child, who coerces his child into employment, shall be punished with simple imprisonment for a term which may extend upto one year and with fine which may extend upto rupees fifty thousandpunishment to parents or lawful guardians for coercion6 (1) any establishment employing children shall remove such children from employment within a period of six months from the date of coming into force of this actclosure of an establishment, engaging child labour20(2) if, after the expiry of the period specified in sub-section (1), any establishment fails to remove children employed in that establishment, the appropriate government shall order closure of such establishment7 (1) the appropriate government shall establish at least one children home in every district for rehabilitation of children found employed in any establishment or collecting rags and waste or begging25(2) the appropriate government shall provide a monthly stipend of rupees five hundred per month to the parents of the children placed in the rehabilitation centresestablishment of children homes and other welfare measures for rehabilitation of children(3) the children homes established under sub-section (1) shall provide free boarding and lodging, education, maintenance and such other facilities to the children, as may be prescribed, till they attain the age of eighteen years30(4) any child who is found employed in any establishment or collecting rags and waste or begging shall immediately be taken into custody by the police and sent to the nearest children home(5) the appropriate government shall provide grants to the recognised non-governmental organisations working in the field of abolition of practice of child labour for setting up of the rehabilitation centre:—35provided that in cases of children affected by physical or mental disability, the specialized rehabilitation centres shall be set up under the supervision of the appropriate government40act to have overriding effect8 the provisions of this act or rules made thereunder shall have effect notwithstanding anything inconsistent therewith contained in the child labour (prohibition and regulation) act, 1986 or any other law for the time being in force or in any instrument having effect of law by virtue of any law other than this actpower to make rules9 (1) the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act5(2) every rule made under 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 rule10 statement of objects and reasonsindia is sadly the home to the largest number of child labour in the world an estimated1% workforce employed in the hazardous industries such as manufacturing crackers, diamond polishing, glass, brassware, carpet weaving, bangle making, domestic help, mining, brick kilns, silk manufacturing, agricultural labour and stone quarries, are comprised of children as workers ranging in the group of 12-18 all this is because children are the source of cheap labour as they can be paid less wages or can be abused without provoking retaliationpoverty is cited as a major cause of child labour, but it is not the only determinantinadequate number of schools or even the expense of providing education leave some of the children with practically no option but to work the attitude of parents also contribute to child labour compulsory elementary education may help ameliorate this attitude the problem of child labour cannot be eliminated in one stroke many countries have enacted laws providing for ban on buying products of industries where children are employedonly multi-dimensional strategies including compulsory elementary education, eradication of poverty, eradicating parental illiteracy, making child labour illegal will help in achieving this objective stringent legal provisions, severe punishment for violation of laws, rehabilitation of children already engaged in work have to go along with abolition of practice of child labour in the country therefore, it is high time that a stringent law for abolition of practice of child labour is enactedhence this billnew delhi;vinayak bhaurao rautjuly 5, 2016 financial memorandumclause 7 of the bill provides that the appropriate government shall establish at least one children home in every district for the rehabilitation of children found employed in any establishment or collecting rags and waste or begging it also provides for payment of monthly stipend of rupees five hundred to the parents of children placed in children homes the expenditure relating the states shall be borne out of the consolidated funds of the respective state governments the expenditure relating to union territory 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 recurring expenditure of about rupees fifty crore per annum would involve from the consolidated fund of indiaa non-recurring expenditure of about rupees one crore is also likely to be involved memorandum regarding delegated legislationclause 9 of the bill empowers the central government to make rules for carrying out the purposes of the bill as the rules will relate to matters of detail only, the delegation of legislative power is of a normal character———— a billto abolish the practice of child labour in the country and for matters connected therewith————(shri vinayak bhaurao raut, mp)gmgipmrnd—1481ls(s3)—25072016 | Parliament_bills | 612dcfb1-7344-55c6-b59a-07bfbb7ee7c4 |
bill no 44 of 2011 the customs (amendment and validation) bill, 2011 a billfurther to amend the customs act, 1962 be it enacted by parliament in the sixty-second year of the republic of india as follows:—short title1 this act may be called the customs (amendment and validation) act, 2011 2 in section 28 of the customs act, 1962, after sub-section (10), the following subsection shall be inserted, namely:—5amendment of section 28 of act 52 of 196210 "(11) notwithstanding anything to the contrary contained in any judgment, decree or order of any court of law, tribunal or other authority, all persons appointed as officers of customs under sub-section (1) of section 4 before the 6th day of july, 2011 shall be deemed to have and always had the power of assessment under section 17 and shall be deemed to have been and always had been the proper officers for the purposes of this section" statement of objects and reasonsthe customs act, 1962 consolidates and amends the law relating to customs clause(34) of section 2 of the said act defines the expression "proper officer" in relation to the functions under the said act to mean the officer of customs who is assigned those functions by the central board of excise and customs or the commissioner of customs recently, a question has arisen as to whether the commissioner of customs (preventive) is competent to exercise and discharge the powers of a proper officer for issue of a notice for the demand of duty the hon'ble supreme court of india in commissioner of customs versus sayed ali and anr (civil appeal nos 4294-4295 of 2002) held that only a customs officer who has been specifically assigned the duties of assessment and re-assessment in the jurisdiction area is competent to issue a notice for the demand of duty as a proper officer as such the commissioner of customs (preventive) who has not been assigned the function of a "proper officer" for the purposes of assessment or re-assessment of duty and issue of show cause notice to demand customs duty under section 17 read with section 28 of the act in respect of goods entered for home consumption is not competent to function as a proper officer which has not been the legislative intent2 in view of the above the show cause notices issued over the time by the customs officers such as those of the commissionerates of customs (preventive), directorate general of revenue intelligence and others, who were not specifically assigned the functions of assessment and re-assessment of customs duty may be construed as invalid the result would be huge loss of revenue to the exchequer and disruption in the revenue already mobilized in cases already adjudicated however, having regard to the urgency of the matter, the government issued notification on 6th july, 2011 specifically declaring certain officers as proper officers for the aforesaid purposes3 in the circumstances, it has become necessary to clarify the true legislative intent that show cause notices issued by customs officers, ie, officers of the commissionerates of customs (preventive), directorate general of revenue intelligence (dri), directorate general of central excise intelligence (dgcei) and central excise commissionerates for demanding customs duty not levied or short levied or erroneously refunded in respect of goods imported are valid, irrespective of the fact that any specific assignment as proper officer was issued or not it is, therefore, purposed to amend the customs act, 1962 retrospectively and to validate anything done or any action taken under the said act in pursuance of the provisions of the said act at all material times irrespective of issuance of any specific assignment on 6th july, 20114 the bill seeks to achieve the above objects new delhi;pranab mukherjeethe 2nd august, 2011 ———— president's recommendation under article 117 of the constitution of india ————[copy of letter no 437/143/2009-cusiv, dated 282011 from shri pranab mukherjee, minister of finance to the secretary-general, lok sabha]the president, having been informed of the subject matter of the proposed bill, recommends, under clause (1) of article 117 of the validation) bill, 2011 in lok sabha———— a billfurther to amend the customs act, 1962————(shri pranab mukherjee, minister of finance) | Parliament_bills | 2d65b10a-4f87-5e1f-a638-e02b48cf9157 |
bill no 174 of 2017 the renewable energy resources commission bill, 2017 byshri sunil kumar singh, mp a billto provide for the setting up of a commission to exploit renewable energy resources in the country and for matters connected therewith or incidental thereto 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 renewable energy resources commission act,2017short title, extent and commencement(2) it extends to the whole of india5(3) it shall come into force at oncedefinitions2 in this act, unless the context otherwise requires,—(i) "appropriate government" means in the case of a state, the government of that state and in all other cases, the central government(ii) "commission" means the renewable energy resources commission set up under section 3;(iii) "prescribed" means prescribed by rules made under this act; and5(iv) "renewable energy" means energy obtained from non-conventional sources such as sunlight, wind, ethanol, jatropha, urban waste, geothermal sources, tides, waves or any other such source 3 (1) the central government shall, by notification in the official gazette, set up a commission to be known as the renewable energy resources commission for carrying out the purposes of this actrenewable energy resources commission10(2) the commission shall consist of:—(i) a chairperson to be appointed by the central government having such qualification as may be prescribed;15(ii) one representative each from every state/union territory to be nominated by the state government/union territory administration concerned; and(iii) one representative each from the niti ayog, union ministries of power, water resources, river development and ganga rejuvenation, rural development, urban development, finance and environment, forest and climate change20(3) the secretary, union ministry of new and renewable energy shall be ex-officio secretary to the commission(4) the salary and allowances payable to and other terms and conditions of the service of the chairperson and members of the commission shall be such as may be prescribed254 (1) every state government/union territory administration shall, by notification in the official gazette, constitute a renewable energy resources commission for carrying out the purposes of this act(2) the state/union territory commission shall consist of a chairperson and such number of other members as the state government/union territory administration may deem necessary for carrying out the purposes of this actevery state government/ union territory administration to constitute renewable energy resources commission305 every state/union territory commission shall, as soon as possible, but not later than one year from the date of commencement of this act, identify the exploitable sources of renewable energy in their respective jurisdictions and send a report thereon to the commissionstate government to send detailed report to the commissioner356 (1) the commission shall, on receipt of report from the state/union territory commission, depute a team of experts to the state/union territory to verify and assess the possibility of exploiting renewable energy resourcescommission to depute a team of experts to the state/union territory(2) the team of experts shall submit a report to the commission at the earliest in such form and manner as may be prescribed40(3) the commission shall, on the basis of the report submitted by the team of experts, work out the estimated expenditure on the projects relating to exploitation of renewable energy and sent a report thereon to the central government7 the central government and the state governments shall contribute towards the expenditure incurred on the projects relating to exploitation of renewable energy in such ratio as may be prescribed:45provided that the central government shall contribute not less than fifty per cent of the total expenditurecentral government and state government to contribute towards the expenditure8 (1) the projects relating to exploitation of renewable energy shall be completed in a time bound mannerprojects to be completed in a time bound manner(2) the central government shall release funds for the implementation of projects relating to exploitation of renewable energy after making such enquiry about the progress of projects, as it may deem fit5power to make rules9 (1) the central government may, by notification in the official gazette, make rules for carrying out the purposes of the act10 15(2) every rule made under this act shall be laid as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both the houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule statement of objects and reasonsindia has vast reserves of natural resources—both renewable and non-renewable in the last few decades, the over dependence on fossil fuels for meeting our energy needs have resulted in many ecological and climatological issues including globle warming all over the world there is a shift towards greater use of renewable energy sources as they are not only available in abundance but also considered to be non-polluting in comparison to fossil fuels all over world, more than twenty per cent of energy requirements are being met through renewable energy sources in our country, the dependence on fossil fuels is not at all good for our economy as we have to import more than fifty per cent of our petroleum requirements in the coming years, with the acceleration of industrialization and rising demand of energy from our people, demand for power is going to increase manifold and the situation may worsen if immediate steps are not taken to promote exploitation of renewable energy resources it is proposed to constitute a renewable energy resources commission with a view to give fillup to the exploitation of renewable energy resourcesthe bill seeks to achieve the above objectivesjuly 10, 2017 financial memorandumclause 3 of the bill provides for the setting up of a renewable energy resources commission clause 4 provides that similar commissions shall be constituted in every state and the union territory clause 6 provides that the commission shall send a team of experts to the states and the union territories with a view to verify the report sent by them and assess the possibility of exploitation of renewable energy resources while the expenditure relating to states shall be borne out of the consolidated funds of the respective states, the expenditure in respect of union territories shall be borne out of the consolidated fund of india clause 7 provides that the central government shall contribute to the expenditure incurred on the projects relating to exploitation of renewable energy in such ratio as may be prescribed 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 ten thousand crore will be involveda non-recurring expenditure of about rupees five thousand crore is also likely to be involved memorandum regarding delegated legislationclause 9 of the bill empowers the central government to make rules for carrying out the purposes of 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 setting up of a commission to exploit renewable energy resources in the country and for matters connected therewith or incidental thereto————(shri sunil kumar singh, mp)gmgipmrnd—2198ls(s3)—13-10-2017 | Parliament_bills | dc492014-43f3-58a1-8f74-05a77c1b38b9 |
on the 21st june, 2019 bill no xxv of 2018 the prevention of contamination of groundwater bill, 2018 a billto provide for the prevention of contamination of groundwater due to arsenic, fluoride, zinc and other mineral residues which adversely affect the health of millions of people for identification of risk areas of contamination, formulation of national policy for preventing contamination of groundwater and for the establishment of a board for specifically concentrating on this issue so as to protect the people from adverse effects of water contamination and for matters connected therewith and incidental theretobe it enacted by parliament in the sixty-ninth year of the republic of india as follows:—1 (1) this act may be called the prevention of contamination of groundwater act, 2018short title, extent and commencement5(2) it extends to the whole of india (3) it shall come into force with immediate effectdefinitions2 (1) in this act, unless the context otherwise requires,—(a) "board" means the national groundwater contamination prevention board established under section 4 of this act;5(b) "contamination of water" means mixing of chemical elements and minerals and other residues in the groundwater such as arsenic, fluoride, zinc etc thereby making the water unfit for consumption and other uses;(c) "groundwater" means naturally formed water found below the surface in the saturated zone which can be extracted by digging wells, boring handpumps etc; and(d) "prescribed" means prescribed by rules made under this act10national policy for prevention of contamination groundwater3 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, in consultation with the governments of the states, formulate a national policy for prevention of contamination of groundwater and related issues to protect the people, livestock and crops from such contamination154 (1) the central government shall, as soon as may be, by notification in the official gazette, establish a board to be called national groundwater contamination prevention board, hereinafter referred to as board for carrying out the purposes of this actestablishment of national groundwater contamination prevention board20(2) the headoffice of the board shall be at aurangabad in the state of maharashtra and the board may establish offices at other places in the states and union territories as it may deem necessary for carring out the purposes of this act(3) the board shall consist of the following members who shall be appointed by the central government in such manner and for such period as may be prescribed, namely:—(a) a chairperson, who shall be an expert scientist having adequate knowledge and professional experience in water related matters;25(b) one deputy chairperson with such qualifications and experience as may be prescribed;(c) five members of parliament of whom two shall be from rajya sabha and three from lok sabha to be nominated by the respective presiding officers of the two houses;30(d) five members one each to represent the union ministries of drinking water and sanitation, environment, forest and climate change, health and family welfare, science and technology and water resources, river development and ganga rejuvenation;35(e) four members to represent non-government organisations working in the field;(f) four members to be nominated by the governments of the states to be rotated amongst the states in alphabetic order;40(4) the board 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 and be sued(5) the salary and allowances payable to the chairperson, deputy chairperson and members of the board and the procedure to be followed in the discharge of the functions of the board shall be such as may be prescribed;45(6) the board shall have a secretariat with such number of officers staff as may be prescribed;(7) the salary and allowances payable to and other terms and conditions of the officers and staff of the board shall be such, as may be prescribedfunctions of the board55 (1) the board shall perform and undertake such special steps in close coordination of concerned ministries, departments of the central and state governments to get rid of contaminations in the groundwater and to make available contamination free safe water to the people in the country who use groundwater as it may deem necessary and expedient under this act(2) without prejudice to the generality of the foregoing provisions, the board shall,10(a) conduct surveys, from time to time, of risk areas in order to determine the locations, scale and causes of contamination of groundwater particularly contamination due to arsenic, fluoride, zinc, iron etc, and to assess the damages being caused to humans, livestock and crops when used such contaminated water;(b) develop awareness amongst the people of the areas affected by contamination of groundwater about the potential danger of groundwater contamination when used;15(c) extend help to farmers to adopt maximizing rainfed production of crops where alternative water source for irrigation insuficient and also contaminated;(d) priorities clean water supply and treatment on a massive scale of contaminated groundwater used for consumption in worst affected areas;20(e) establish water quality testing centres and groundwater treatment plants at conspicuous places in the areas found to have contaminated groundwater;(f) identify alternative soft water sources and assess their sustainability; (g) assess the effects of contaminated water exposure specially on human health and that of the livestock;(h) investigate the impact of contamination on irrigated agriculture;25(i) assess the likely impact of climate change on the increased demand for andreduced availability of groundwater;(j) suggest measures to recharge the groundwater on a large scale to contain contamination of groundwater; and(k) such other activities as may be assigned to it by the central government from time to time30annual report6 the board shall prepare once in every year in such form and at such time, as may be prescribed, an annual report giving summary of its activities during the previous year and submit it to the central government which shall, after action taken thereon, cause it to be laid before both the houses of parliament35central government to provide funds7 the central government shall, after due appropriation made by parliament by law in this behalf, pay to the board in each financial year such sums as may be considered necessary and adequate for the proper functioning of the board for carrying out the purposes of this act8 the provisions of this act shall be in addition to and not in derogation of any otherlaw for the time being applicable to the subject matter of this act40act to supplement other laws power to make rule9 the central government may, by notification in the official gazette, make rules forcarrying out the purposes of this act statement of objects and reasonsours is a vast nation consisting of hilly, plain, desert, marshy and coastal areas where groundwater is the major source of water supply for human consumption and other uses groundwater is also used as a means of irrigation our nation which faces erratic monsoon, year after year, groundwater is the perennial source of water supply which meets eighty five percent of the water demand of the people of rural india and fifty percent demand for water in urban areas even in the national capital, the treated water is mixed with borewell water and then supplied to the consumersunfortunately, the groundwater in major parts of our country is contaminated with arsenic, fluoride, zinc, iron ore and other minerals which are very dangerous if not separated from the raw water naturally contaminated groundwater is a catastrophe with enormous public health implications apart from causing deformity, tooth decay, weak bones etc contamination causes dangerous diseases like cancer and other dangerous ailments the arsenic contamination in groundwater has affected quite a large number of people particularly in the states of uttar pradesh, bihar, west bengal and other parts of the country zinc is responsible for groundwater contamination in rajasthan fluoride and uranium is rampant in groundwater of punjab and southern stateshence, it is necessary to wake up to take this issue seriously and take corrective measures to protect the health and lives of millions of people who have no other option but to drink the contaminated groundwater it is high time a national board is established to deal solely with contamination issue of groundwater and for initiating corrective measures on a war footinghence this billrajkumar dhoot financial memorandumclause 4 of the bill provides for the establishment of national groundwater contamination prevention board clause 7 makes it obligatory for the central government to provide necessary and adequate funds to the board for carrying out the purposes of the bill the bill, if enacted, will involve expenditure from the consolidated fund of india it is estimated that a sum of rupees fifty thousand crores may involve as recurring expenditure per annum a non recurring expenditure to the tune of rupees one lakh crore may also involve for creating assets throughout the country memorandum regarding delegated legislationclause 9 of the bill gives power to the central government to make rules for carrying out the purposes of the bill the rules will relate to the matters of details only the delegation of legislative power is of normal character———— a billto provide for the prevention of contamination of groundwater due to arsenic, fluoride, zincand other mineral residues which adversely affect the health of millions of people for identification of risk areas of contamination, formulation of national policy for preventing contamination of groundwater and for the establishment of a board for specifically concentrating on this issue so as to protect the people from adverse effects of water contamination and for matters connected therewith and incidental thereto————(shri rajkumar dhoot, mp)mgipmrnd—815rs—24-06-2019 | Parliament_bills | 5cf41e68-1ad3-554a-8d25-adfe0d475baa |
''''' the additional duties of excise (goods of special importance) amendment bill, 1962 ( as introduced in lor sabha on 15th march, 1962 the additional duties of excise (goods of special importance) amendment bill, 1962 [as introducj:d in lox suha] billfurther to amend the additional dutie 01 bzcile (good of special importance) act, 1957 be it enacted by parliament in the thirteenth year of the republic of india u follows:-1 this act may be called the additional duties of excise (goods short tille of special importance) amendment act, 1962 , z in the long title of the additional duties of excise (goods of ameadmeal of 11)57 special importance) act, 1957 (hereinafter referred to as the principal of 10d, title act), for the words, figures and letters "dated the 30th day of september, 1957, and to declare those goods to be of speeial importance in inter-state trade or commerce", the words, figures and letters loudated the 14th day of december, 1981" shan be substituted 3 in section 6 of the principal act, for sub-section (2), the amendmeot followilig sub-section shall be substituted, namely: _ of tectiod 6-u (2) every rule made under this section shan be laid as soon as may be after it is made, before each house of parliament whue i, 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 aessjon 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 fonn or be of no effect, as the case may be; so however that any ~uch modification or annulment shall be without prejudice to the validity of anything previously done under that 5 rule" 4 iii the principal act, for the second schedule, the following schedule shall be substituted, namely:-substitutiod of dew schedule for second schedule ''the second schedule " ~ "! -, t •• (see section 4) ; 1 in this schedule "net proceeds", as respects any financial year, means the net proceeds of the additional duties in respect of sugar, tobacco, cotton fabrics, silk fabrics, woollen fabrics, and rayon or artificial silk fabrics levied and collected during that financial year 2 during each of the financial years commencing on and after the 1 s itt ap~, 1962, th~re shall be paid,-(a) to the state of jammu and ka~mir a sum equal to 1· 5 per cent of the net proceeds; and (b) to each of the states specified in the first column of the table-20 (i) a sum equal to the amount specified against that state in the second column of the table;'anci (ii) if the total of the sums payable to all the states under the preceding provisions of this paragraph is less than 99 per cent of the net proceeds by any amount, a further 25 sum equal to such percentage of that amount 8'8 1& specifled against that state in the third column of the table: provided that if during that financial year there is levied and collected in any state a tax on the sale or purchase of sugar, tobacco, cottodiabrics, silk fabrics, woollen fabrics and rayon or artificial 30 silk fabriea by or under any law of that state, no sums shall be payable to that state under clause (a), or as the case may be, under clause (b) in respect of that financial year, unless the central government by special order otherwise directs (rupees in 1akhi) andhra pradcah 235'34 7'7s s assam 8s·08 2'50 bthar 13°'16 10'00 gujarat 323 ' s'" kera1a 95'01 4':as madhya pradesh 15$'17 ,'()() 10 madras 285'34 9'00 mabaraahtra 637'77 10·60 mjiore 100'10 ,'2s oriua 8,'10 "'so puutab 17s'i9 s'li5 is rajasthan 90'10 4'00 uttar pnidaih' '7"bi 15'5° 'west benpl 280'41 9'00", statement of objects and reasons'this bill seeks to amend the additional duties of excile (goodl of s~al itqportance) act, 1957, for giving e1fect to the recommendations made by the third finance commission for the distribution among the states of the net proceeds of additional dut4,s of excise levied by the union in replacement of states' sales taxes on sugar, tobacco, cotton fabrics, silk fabrics, woollen fabrics and rayon 01' artificial fabrics, except the proceeds of these duties attributable to union territories nsw dzliu· , mobarji desai ,' the 12th march, 1962 - financial memorandumthis bill does not involve any additional payment to the statu out of the consolidated fund of india over and above what they are entitled to get under the existing arrangements the states' share of additional excises next year is expected tol amount to rs 41 crares extracts from the addrrional duties of excisb (goods of special - importance) act, 1957no 58 of 1957 [24th december, 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 among the states in pursuance of the principles of distribution formulated and the recommendations made by the finance commission in its report dated the 30th day of september, 1957, and to declare those goods to be of special importance in inter-state trade or commerce (1) - - - - - - power to mabrules - (2) all rules made under this section shall, al soon as may be after they are made, be laid for not less than thirty days before each house of parliament and shall be subject to such modifications as parliament may make during the session in which they are so laid or the session immecuately following - - - - the second schedule (see section 4) part i distribution c1/ additional duties on sugar 1 ia this part,-(a) "net proeeeds", as respects any financial year, means the net proceeds of the additional duties in respect of sugar levied and collected during that financial year; (b) "table" means the table at the end of this part 2 during each of the financial years commencing on or after the 1st april, 1958, there shall be paid-(a) to the state of jammu and kashmir a sum equal to 1· 25 per cent of the net proceeds; and (b) to each of the states specified in the first column of the table-(i) a sum equal to such percentage of one-fourth of the net proceeds as is specified against that state in the second column of the tablei ~ " (ii) a sum equal to the difference between the sum specified against that state in third column of the table and the sum payable to that state under sub-clause (i); and - (iii) if the total of the sums payable to all the states under the preceding provisions of this paragraph is less thad 99 per cent, of the net proceeds by any amount, a further sum equal to such percentage of that amount as it specified against that state in the fourth column of the table: provided that if during that financial year there is levied and collected in any state specified in the table a tax on the sale or purchase of sugar by or under any law of that state, no sums shall be payable to that state under sub-clause (ii) or sub-clause (iii) of clause (b)· in respect of that financial year, unless the central government by special order otherwise directs, 3, in respect of the financial year ending on the 31st march, 1958, the provisions of paragraph 2 (excluding the proviso) shall apply for the distribution of a part of the net proceeds, subject to the modification that each ·of the sums specifled in the third column of the table shan be deemed to have been replaced by one-fourth oflhat sum, i 2 3 4 (rupees in ) 6'6a andhra pradesh 2'55 assam ' bihar maharashtra 8'zo 13'37 6,80 gujarat , kerala , 9'33 40 3'46 is 10'57 30 8'07 16a 4'10 83 3'8t 20 madhya pradesh madras myaore 7'46 40 7'61 60 6'5a 25 4'46 zo orissa punjab rajasthan uttar pradesh 3'03 7'67 7'46 5'13 a'87 7'21 4'81 15'63 8'65 4'59 so 4'71 25 15'94 1i2 7'59 36 wcstbcdpl t part n distribution of additional duties oft tobtacco4 the provisions of paragraphs 2 and 3 shan apply for the distribution of a part of the net proceeds of the additional duties on "ceo levied and collected during each financial year as they apply for the distributioo of a part of the net proeeeds of the additional duties on sugar, subject to the modifteation that the referedees therein to the table shall be construed as references to the table below:-1 2 3 (rupees in iakha) - andhra pradesh a-m bibar ~tr8 gujarat kerala madhya pradesh madras myaore - o~ - punjab - rajasthan uttar pradesh - west beatii 7s 30 20 76 39 37 32 s7 27 is 30 is 63 40 9'33 3'46 io's7 8'07 04'10 3'84 7'46 7'61 6'52 4'46 4"9 4'71 15'94 7'59 10'42 2'98 8'90 ii'54 s'" 3'043 7'10 9'58 5'58 3'21 4'36 3'59 16'13 7'31 part in distribution of ~dditional duties on textiles5 in this part,-(a) "net proceeds", as respects any financial year, mebftll the net proceeds of the additional duties in respect of cotton fabrics, silk fabrics, rayon or artificial silk fabrics and woollen fabrics levied and collected during that financial yearj (b) "table" means the table at the end of this part 6 during each of the financial years commencing on or aft~r the 1st april, 1958, there shall be paid-{a) to the state of jammu and kashmir a sum equal to 1·25 peri cent of the net proceeds; and (b) to each of the states specified in the first column of the table-(i) such sum as is specified against that state in the second column of the table; and (ii) if the total of the sums payable to all the states under the precedipg provisions of this paragraph is less than 99 per cent of the net proceeds by any amount, a further sum equal to such p~centage of that amount as is specified against that state in the third column of the table: provided that if during that financial year, there is levied and collected in any state specified in the table a :tax on the sale of purchase of cotton fabrics, silk fabrics, rayon or artificial silk fabrics or woollen fabrics by or under any law of that state, no sums shall be payable to that state under clause (b) in respect of that financial year, unless the cen~ral government by special order otherwise directs 7 in respect of the financial year ending on the 31st march, 1958, the provisions of paragraph 2 (excluding the proviso) shall ~pply for the distribution of a part of the- net proceeds, subject to the modification that each of the sums specified in the second column of the table shall be deemed to have been replaced by one-fourth of that sum i 2 3 (rupees in lakhl) 120 7·35 40 2·72 80 ii ·19 398 10·91 202 5·55 38 3·10 83 6·97 168 7·"9 48 4·98 so 3·32 95 556 so 4·36 400 18·19 204· 851 andhra pradesh assam _ bihar maharashtra gujarat - kerala madhya pradesh madras mysore orissa punjab rajasth8l1 uttarjpradesh west bengal a billfurtlter to amentlt1le additional duties of excise (goods of special-importance) act, 957 the ~esident has, in pursuance of clauses (i) and· (3) of article ii7 aad cl:ause(i) of article 274 of the constitution of india, recommended to ·lok sabha the introduction and consideration of the bill m n kaul, secretary (shri morarji desai, minister of fznance) | Parliament_bills | 7092ec00-f696-5a7e-97bb-a714e87f21f1 |
on 5th august, 2011 bill no xv of 2011 the right to shelter bill, 2011 a billto provide for the right to shelter to the persons living below poverty line or fallingunder low income group by providing a dwelling unit to each and every suchfamily in the country and for matters connected therewith andincidental 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 right to shelter act, 2011(2) it shall 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, appoint2 in this act unless the content otherwise requires,—definitions(a) "family" means a citizen, his spouse and dependent children; (b) "fund" means the house building fund established under section 7; (c) "persons living below poverty line" means those persons who are declaredby the central government to be living below poverty line;(d) "prescribed" means prescribed by rules made under this act; (e) "shelter" means a dwelling unit comprising at least one living room, one bed room, one kitchen and one toilet53 (1) the central government shall, with in a period of five years from the commencement of this act, provide free of cost, one all weather shelter to each family living below poverty line in the country:provided that while providing the shelter the central government shall take into account the number of members in the familycentral government to provide a dwelling unit to families living below poverty line10(2) for the purpose of sub-section (1), the central government shall in consultation with the concerned state government, cause to be notified a list of all families living below poverty line in each state and union territory in such manner as may be prescribed(3) the priority of allotting the shelter in a state or union territory shall be determined by draw of lot to be conducted in such manners as may be prescribed154 (1) the central government shall, within a period of seven years from the commencement of this act, provide a shelter at 50 per cent of the cost to each family, having an annual income of less than rupees five lakh:provided that while providing the shelter, the central government shall take into account the number of members in the familycentral government to provide a dwelling unit at fifty per cent of the cost20(2) for the purpose of sub-section (1), the central government shall in consultation with the state government, cause to be notified a list of all families having an annual income less than rupees five lakh in each state and union territory in such manner as may be prescribed(3) the priority of allotting the shelter in a state or union territory under this section shall be determined by the draw of lot to be conducted in such manner as may be prescribed255 (1) the central government shall, after every four years, undertake the maintenance of the dwelling unit given under section 3 to the families living below poverty line and charge such nominal amount for the purpose as may be prescribedcentral government to maintain the dwelling unit30(2) the central government shall, after every four years, undertake the maintenance of the dwelling unit given under section 4 to families whose annual income is less than rupees five lakh and charge fifty per cent of the maintenance costsuccession of dwelling unit6 the central government shall ensure that on the death of the head of a family living below poverty line or earning less than rupees five lakh annually the title of the dwelling unit shall pass on to the wife357 (1) the central government shall, by notification in the official gazette, establish a fund to be known as the house building fund for the purposes of this acthouse building fund belowpoverty line(2) there shall be paid into the fund,—(a) amounts received from the central and the state government as grant-in-aids;(b) donations received from various sources; (c) such other sums of money as may be prescribed40(3) the central and the state governments shall contribute in the fund in such ratio as may be prescribed in each casepower to remove difficulty458 if any diffculty arises in giving effect to be 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 orders shall be made after the expiry of the period of three years from the date of commencement of this act59 the provisions of this act and any rule made thereunder shall be in addition to, andnot in derogation of, any other law, for the time being in force, providing shelter to persons living below poverty line and earning less than rupees five lakh per annumact to have effect inaddition toother acts power tomake rules10 the central government may, by notification in the official gazette, make rules to carry out the provisions of this act statement of objects and reasonsroof over one's head is a minimal basic requirement of human being it gives a feeling of security and lays the foundation of sustainable quality of life increasing disparity in income has led to the homelessness in our country while some people living in palaces or big houses, some don't even have access to a shelter the housing with its rising cost has become unaffordable according to an estimate there are around 13 crore homeless people in india not only that, each of these homeless have atleast 5-6 members dependent on them that makes a huge section of the country which doesn't have roof over their head these homeless people face vagaries of weather from chilling cold in winters to heat waves during summer many of these homeless people die every year most of these homeless persons are poor or live below poverty linethese homeless people are prone to reduce access to health care, limited access to education, increased risk of suffering from violence and abuse, general discrimination from other people, and most importantly drug abuse they are wrecked from inside and lost their hopes while living their life in aloofnesschildren of homeless families are often missed out on education and medical treatment and are at the high risk of suffering addiction, abuse and illness these children often fall into wrong hands and at times become criminals therefore, it is in the interest of the society and national building that state should provide shelterours is a welfare state and it is the duty of the state to ensure that every poor citizen should have roof over his head it will improve their quality of life, instill a sense of security and lead them to be a healthy and better citizen therefore, it is proposed that every family living below poverty line should be provided a dwelling unit free of cost and every family earningless than rupees five lakh should be provided a dwelling unit at 50 per cent of the cost the proposed bill also provides for maintenance and succession of the dwelling unit given by central governmenthence, this billnk singh financial memorandumclause 3 of the bill provides that the families living below poverty line shall be provided a dwelling unit free of cost clause 4 provides that families earning below rupees five lakh shall be given a dwelling unit at 50 per cent of the cost clause 5 provides that central government shall also undertake the maintenance of these dwelling units clause 7 provides that central government shall also contribute to the house building fund the bill if enacted, is likely to involve a recurring expenditure of rupees five hundred crore non-recurring expenditure of rupees one thousand crore is also likely to be involved memorendum regarding delegated legislationclause 10 of the bill empowers the central government to make rules for carrying out the purposes of the bill as the matter will relate to details only, the delegation of legislative powers is of the normal character rajya sabha———— a billto provide for the right to shelter to the persons living below poverty line or falling under low income group by providing a dwelling unit to each and every such family in the country and for matters connected therewith and incidental thereto————(shri nk singh, mp)gmgipmrnd—976rs(s3)—05-082011 | Parliament_bills | fd031140-84b5-5ee8-8ed0-975914a1e3f5 |
bill no 56 of 2009 the high court at allahabad (establishment of a permanent bench at agra) bill, 2009 by dr ramshankar, mp abillto provide for the establishment of a permanent bench of the high court at allahabad at agrabe it enacted by parliament in the sixtieth year of the republic of india as follows:—1 this act may be called the high court at allahabad (establishment of a permanent bench at agra) act, 2009 statement of objects and reasonsthe demand for the establishment of a permanent bench of the allahabad high court in the western uttar pradesh is pending for more than three decades the jaswant singh commission, appointed by the central government, recommended agra as the place where a permanent bench of the allahabad high court should be located even then the said bench has not yet been established which has resulted in despair among the people of western uttar pradeshthe allahabad high court is heavily burdened and about eight lakh cases are pending in that high court the infrastructure available at allahabad high court is inadequate to handle such large number of cases the delay in disposal of cases is resulting in hardship for the people living particularly in western part of the state people of western uttar pradesh have to suffer on account of the non-establishment of a permanent bench in the western part of the statethe bill seeks to establish a permanent bench of high court at allahabad at agra apermanent bench of the high court, if established at agra, would go a long way in giving much needed relief to the citizens especially belonging to the economically weaker sectionshence this billnew delhi;ramshankarjune 29, 2009————abillto provide for the establishment of a permanent bench of the high court at allahabad at agra————(dr ramshankar, mp)gmgipmrnd—2794ls(s5)—13-07-2009 | Parliament_bills | 460ec752-47ad-5b54-88f5-b8687c9e478a |
bill no xxiii of 2011 the anti-corruption, grievance redressal and whistleblower protection bill, 2011———— arrangement of clauses———— chapter i preliminary clauses1 short title, and commencement 2 definitions chapter ii establishment of lokpal 3 establishment of the institution of lakpal4 qualification for appointment of chairperson and members of lokpal 5 term of office and other conditions of service of lokpal 6 appointment of the chairperson and members 7 removal of chairperson or members chapter iii powers and functions of lokpal 8 powers and functions of lokpal9 search and seizure10 evidence 11 reports of lokpal 12 lokpal to be a deemed police officer 13 powers of lokpal in case of non-compliance of orders 14 numbers of special judges for trial 15 functioning of lokpal chapter iv complaint making mechanism and protection of complainant and punishment 16 procedure for making a complaint to the lokpal17 matters to be investigated by the lokpal 18 matters not subject to investigation 19 procedure relating to complaints and investigations 20 protection of whistleblower chapter v grievance redressal systems 21 citizens' charters and grievance redressal chapter vi authorities and staff of lokpal 22 chief vigilance officer23 staff of lokpal 24 repeal and savings 25 investigation wing of lokpal 26 complaints against officers or employees of lokpal chapter vii miscellaneous 27 protection of action taken in good faith28 public servants to submit amount property statements 29 power to delegate and assign functions 30 time limits to be fixed for enquiries 31 penalty for false complaint 32 preventive measures 33 removal of difficulties 34 overriding effect of the act 35 power to make regulations 36 power to make rules chapter viii amendments of prevention of corruption act37 amendments of prevention of corruption act bill no xxiii of 2011 the anti-corruption, grievance redressal and whistleblower protection bill, 2011 a billto provide for the establishment of effective anti-corruption and grievance redressal systems at the centre by creating effective deterrant against corruption and also to provide effective protection to whistleblowers and for matters connected therewith or incidental thereto be it enacted by parliament in the sixty-second year of the republic of india as follows:— chapter i preliminary51 (1) this act may be called the anti-corruption, grievance redressal and whistleblower protection act, 2011short title and commencement(2) it shall come into force at oncedefinitions2 in this act, unless the context otherwise requires,—(a) "action" means any action taken by a public servant in the discharge of his functions as such public servant and includes decision, recommendation or finding or in any other manner and includes willful failure or omission to act and all other expressions relating to such action shall be construed accordingly;(b) "allegation" in relation to a public servant inlcudes any affirmation that such public servant—(i) has indulged in misconduct, if he is a government servant; (ii) has indulged in corruption;(c) "complaint" includes any grievance or allegation or a request by whistleblower for protection and appropriate action;(d) "corruption" includes anything made punishable under chapter ix of the indian penal code, 1860 or under the prevention of corruption act, 1988;45 of 1860 49 of 1988(e) "government" or "central government" means government of india;5(f) "government servant" means any person who is or was any time appointed to a civil service or post in connection with the affairs of the central government or high courts or supreme court either on deputation or permanent or temporary or on contractual employment but would not inlcude the judges;10(g) "grievance" means a claim by a person that he sustained injustice or undue hardship in consequence of mal-administration;(h) "lokpal" means:(i) benches constituted under this act and performing their functions as laid down under various provisions of this act, or15(ii) any officer or employee, exercising its powers and carry out its functions and responsibilities, in the manner and to the extent, assigned to it under this act, or under various rules, regulations or orders made under various provisions of this act;(iii) for all other purposes, the chairperson and members acting collectively as a body;20(i) "mal-administration" means action taken or purporting to have been taken in the exercise of administrative function in any case where,—(i) such action or the administrative procedure or practice governing such action is unreasonable, unjust, oppressive or improperly discriminatory; or25(ii) there has been willful negligence or undue delay in taking such action or the administrative procedure or practice governing such action involves undue delay; (j) "misconduct" means misconduct as defined in the central civil services conduct rules and which has vigilance angle;30(k) "public authority" means any authority or body or institution of selfgovernment established or constituted—(i) by or under the constitution; (ii) by any other law made by parliament; (iii) by notification issued or order made by the government, and includes any body owned, controlled or substantially financed by the government;35(l) "public servant" means a person who is or was at any time,—(i) the prime minister; (ii) member of the council of ministers; (iii) a member of parliament;40(iv) a judge of high courts or supreme court; (v) a government servant; (vi) the chairman or vice-chairman (by whatever name called ) or a member of a local authority in the control of the central government or a statutory body or corporation established by or under any law of the parliament of india, including a co-operative society, or a government company within the meaning of section 617 of the companies act, 1956 and members of any committee or board, statutory or non-statutory, constituted by the government(vii) holding positions in such other authorities as the central government may, by notification, from time to time, specify;(m) "vigilance angle" includes—(i) all acts of corruption;5(ii) gross or wilful negligence; recklessness in decision making; blatantviolations of systems and established procedures; exercise of discretion in excess, where no ostensible/public interest is evident; failure to keep the controlling authority or superiors informed in time;10(iii) failure or delay in taking action, if under law the government servantought to do so, against subordinates on complaints of corruption or dereliction of duties or abuse of office by the subordinates;(iv) indulging in discrimination through one's conduct, directly orindirectly;(v) victimizing whistle blowers;15(vi) any undue unjustified delay in the disposal of a case, perceived afterconsidering all relevant factors, would reinforce a conclusion as to the presence of vigilance angle in a case;(vii) make unfair investigation or enquiry to either unduly help culprits orfabricate the innocent(viii) any other matter as notified from time to time by the lokpal2022 of 2005(n) "whistleblower" means any person who faces threat of (i) professional harm, including but not limited to illegitimate transfers, denial of promotions, denial of apropriate perks, departmental proceedings, discrimination or (ii) physical harm or is actually subjected to such harm; because of either making a complaint to the lokpal under this act or for filing an application under right to information act, 200525 chapter ii establishment of lokpal3 (1) there shall be an institution known as lokpal which shall consist of a chairperson and ten members along with its officers and employees30establishment of the institution of lokpal(2) the chairperson and members of the lokpal shall be selected in such manner aslaid down in this act(3) a person appointment as chairperson or member of the lokpal shall, before entering upon his office, make and subscribe before the president, an oath or affirmation in the form as prescribed35(4) the government shall appoint the chairperson and members of the first lokpal andset-up the institution with all its logistics and assets within six months of enactment of this act(5) the government shall fill up a vacancy of the chairperson or a member caused due to—40(a) retirement three months before the chairperson or the members retires (b) any other unforeseen reason, within a month of such vacancy45qualifications for appointment of chairperson and members of lokpal4 the chairperson and members of the lokpal shall not be sitting or former member of either the parliament or the legislature of any state and shall not hold any office or trust of profit (other than the office as chairperson or member) or would have ever been connected with any political party or carry on any business or practice any profession and accordingly, before he enters upon his office, a person appointed as the chairperson or member of lokpal shall—(i) if he holds any office of trust or profit, resign from such office; or (ii) if he is carrying on any business, sever his connection with the conduct and management of such business; or(iii) if he is practicing any profession, suspend practice of such profession; or5(iv) if he is associated directly or indirectly with any other activity, which is likely to cause conflict of interest in the performance of his duties as lokpal, he should suspend his association with that activity:10provided that if even after the suspension, the earlier association of that person with such activity is likely to adversely affect his performance as lokpal, that person shall not be appointed as a member or chairperson of lokpal 5 (1) a person appointed as the chairperson or member of the lokpal shall hold office for a term of five years from the date on which he enters upon his office;provided that,—term of office and other conditions of service of lokpal(a) the chairperson or member of the lokpal may, by writing under his hand addressed to the president, resign his office; or15(b) the chairperson or member may be removed from office in the manner provided in this act (2) there shall be paid to the chairperson and each member every month a salary equal to that of the chief justice of india and that of the judge of the supreme court respectively;20(3) the allowances and pension payable to and other conditions of service of the chairperson or a member shall be such as may be prescribed:provided that the allowances and pension payable to and other conditions of service of the chairperson or members shall not be varied to his disadvantage after his appointment25(4) there shall be a separate fund by the name of "lokpal fund" in which penalties or fines imposed by the lokpal shall be deposited and in which ten per cent of the loss of public money detected or prevented on account of investigations by the lokpal shall also be deposited by the government30(5) the disposal of such lokpal fund shall be completely at the discretion of the lokpal and such fund shall be used only for enhancement or upgradation or extension of the infrastructure of lokpal(6) any person if he has ever held the position of the chairperson or a member of lokpal for any period shall not be eligible for appointment on any position in the government of india or government of any state or for contesting elections:35provided however that a member or chairperson may be reappointed for one more term or a member may be appointed as the chairperson, however, that any person shall not serve for more than a total of two terms6 (1) the chairperson and members shall be appointed by the president on the recommendation of a selection committeeappointment of the chairperson and members40(2) following persons shall not be eligible to become chairman or member of the lokpal:45 of 1860 49 of 1988(a) any person who was ever charge-sheeted for any offence under the indian penal code 1860 or the prevention of corruption act, 1988 or was ever penalized under central civil services conduct rules45(b) any person who is less than forty years of age(3) at least four members of the lokpal shall have legal background (4) the selection committee referred to in sub-section (1) shall consist of :(i) two senior most judges of the supreme court, (ii) two senior most chief justices of the high courts,5(iii) all nobel laureates of indian origin, (iv) last three magsaysay award winners, (v) comptroller and auditor general of india,(vi) chief election commissioner,10(vii) after the first set of selection process, the outgoing chairperson and members of lokpal (5) the senior most judge of the supreme court shall act as the chairperson of the selection committee(6) the selection committee shall followed the following selection process:—15(a) recommendations for the post of chairperson and members of lokpal shall be invited through open advertisements in prescribed format;(b) the candidates should have unimpeachable integrity and should have demonstrated their resolve and efforts to fight against corruption in the past;(c) each person recommending any name shall be expected to justify the selction of his candidate giving examples from the past achievements of the candidate;20(d) the list of candidates along with their recommendations received in the formatmentioned above shall be displayed on a website;(e) each member of the selection committee, on the basis of the above material, shall recommend such number of names as there are vacancies;25(f) a priority list shall be prepared with the candidate receiving recommendations from maximum number of members of selection committee at the top and the candidates recommended by the same number of members shall be treated at par;(g) this priority list shall be displayed on the website; (h) around three times the names as per the vacancies, shall be short-listed from the top;30(i) public feedback shall be invited on the short-listed names by putting thesenames on the website;(j) the selection committee may decide to use any means to collect more information about the background and past achievements of the short-listed candidates;35(k) selection committee shall invite short-listed candidates for discussions, video recordings of which shall be made public;(l) all the material obtained so far about the candidates shall be made available to each member of the selection committee in advance to enable the members to make their own assessment of each candidate;40(m) the selection committee shall meet and discuss the material so receivedabout each candidate and the final selections for the chairperson and members shall be made preferably through consensus:provided that if three or more members, for reasons to be recorded in writing, object to the selection of any member, he shall not be selected;(n) all meetings of selection committee shall be video recorded and shall be made public; (7) selection committee shall recommend the names to the president, who shall order such appointments within a month of receipt of the same57 (1) the chairperson or any member shall not be removed from this office except by an order of the presidentremoval of chairperson or members(2) the chairman or any member can be removed on one or more of the following grounds,—(a) proved misbehaviour;10(b) professional or physical incapacity; (c) if he is adjudged to be insolvent; (d) has been charged of an offence which involves moral turpitude; (e) if he engages during his term of office in any paid employment outside the duties of his office;15(f) has acquired such financial interests or other interests which are likely to affect prejudicially his functions as member or chairperson;(g) if he is guided by considerations extraneous to the merits of the case either to favour someone or to implicate someone through any act of omission or commission;49 of 1988(h) if he commits any act of omission or commission which is punishable under the prevention of corruption act, 1988 or is a misconduct;20(i) if a member or the chairperson in any way, concerned or interested in any contract or agreement made by or on behalf of the government of india or participates in any way in the profit thereof or in any benefit or emolument arising therefrom otherwise than as a member and in common with the other members of an incorporated company, he shall be deemed to be guilty of misbehaviour25(3) the following process shall be followed for the removal of any member of chairperson—30(a) any person may move an application or petition before the supreme court seeking removal of one or more of the members or chairperson of the lokpal alleging one or more of the grounds for removal and providing evidence for the same; and(b) the supreme court shall hear the matter in a bench of three or more judges on receipt of such petition and may take one or more of the following steps—(i) order on investigation to be done by a special investigation team appointed by the supreme court, if a prima facie case is made out and if the matter cannot be judged based on affidavits of the parties;35(ii) dismiss the petition if, no case is made out;(iii) if the grounds are proved, recommend to the president for removal ofthe said member or chairperson; or4049 of 1988(iv) direct registration and investigation of cases with appropriate agencies if, there is prima facie case of commission of an offence punishable under the prevention of corruption act, 1988 (c) the supreme court shall not dismiss such petitions in liminae;(d) if the supreme court concluded that the petition has been made with mischievous or malafide motives, the court may order imposition of fine or imprisonment upto one year against the complainant; and45(e) on receipt of a recommendation from the supreme court under this section, the president shall order removal of chairperson or member within a month of the receipt of the same chapter iii 5 powers and functions of lokpal8 (1) the lokpal shall be responsible for receiving,—powers and functions of lokpal49 of 1988(a) complaints where there are allegations of such acts of omission or commissionwhich are punishable under the prevention of corruption act, 1988;(b) complaints where there are allegations of misconduct by a government servant;(c) grievances; and10(d) complaints from whistleblowers(2) the lokpal after getting such inquiries and investigations done as it deems fit, may take one or more of the following actions:(a) close the case, if prima facie, the complaint is not made out; or15(b) initiate prosecution against public servants as well as those private entitieswhich are party to the act; and(c) order imposition of appropriate penalties under the central civil servicesconduct rules:2049 of 1988provided that if, an officer is finally convicted under the prevention of corruptionact, 1988 major penalty of dismissal shall be imposed on such government servant(d) order cancellation or modification of a license or lease or permission orcontract or agreement, which was the subject matter of investigation;(e) blacklist the concerned firm or company or contractor or any other entityinvolved in that act of corruption;25(f) issue appropriate directions to appropriate authorities for redressal of grievancein such time and in such manner as is specified in the order;(g) invoke its powers under this act if, its orders are not duly complied with andensure due compliance of its orders; or30(h) take necessary action to provide protection to a whistleblower as per variousprovisions of this act(3) suo-motu initiate appropriate action under this act if any case, of the nature mentioned in clauses (a), (b), (c) or (d) of sub-section (1) comes to the knowledge of the lokpal from any source35(4) issue such directions, as are necessary, from time to time, to appropriate authorities to make such changes in their work practices, administration or other systems so as to reduce the scope and possibility for corruption, misconduct and public grievances(5) the lokpal shall be deemed to be "disciplinary authority" or "appointing authority"for the purpose of imposing penalties under ccs conduct rules2 of 197440(6) section 197 of the code of criminal procedure, 1973 shall not apply to anyproceedings under this act all permissions, which need to be sought for initiating investigations or for initiating prosecutions under any act shall be deemed to have been granted once the lokpal grants such permissions9 (1) where, in consequence of information in his possession, the lokpal—search and seizure(a) has reason to believe that any person,—5(i) to whom a summon or notice under this act, has been or might be issued, will not produce or cause to be produced any property, document or thing which will be necessary or useful for or relevant to any inquiry or other proceeding to be conducted by him;10(ii) is in possession of any money, bullion, jewellery or other valuable article or thing and such money, bullion, jewellery or other valuable article or thing represents either wholly or partly income or property which has not been disclosed to the authorities for the purpose of any law or rule in force which requires such disclosure to be made; or (b) considers that the purposes of any inquiry or other proceedings to be conducted by him will be served by a general search or inspection15he may by a search warrant authorize any police officer not below the rank of an inspector of police to conduct a search or carry out an inspection in accordance therewith and in particular to,—(i) enter and search any building or place where he has reason to suspect that such property, document, money, bullion, jewellery or other valuable article or thing is kept;20(ii) search any person who is reasonably suspected of concealing about his person any article for which search should be made;(iii) break open the lock of any door, box, locker safe, almirah or other receptacle for exercising the powers conferred by sub-clause (i) where the keys thereof are not available;25(iv) seize any such property, document, money, bullion, jewellery or other valuable article or thing found as a result of such search;(v) place marks of identification on any property or document or make or cause to be made; extracts or copies therefrom; or(vi) make a note or an inventory of any such property, document, money, bullion, jewellery or other valuable article or thing302 of 1974(2) the provisions of the code of criminal procedure, 1973, relating to search and seizures shall apply, so far as may be, to searches and seizures under sub-section (1)2 of 1974(3) a warrant issued under sub-section (1) shall for all purposes, be deemed to be a warrant issued by a court under section 93 of the code of criminal procedure, 197335evidence10 (1) subject to the provisions of this section, for the purpose of any investigation(including the preliminary inquiry, if any, before such investigation) under this act, the lokpal may require any public servant or any other person who, in his opinion is able to furnish information or produce documents relevant to the investigation, to furnish any such information or produce any such document405 of 1908(2) for the purpose of any such investigation (including the preliminary inquiry) the lokpal 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 examining him ||----------|-----|------------------------------------------------------------------------------|| on oath; | | || 45 | | || ( | b | ) requiring the discovery and production of any document; || ( | c | ) receiving evidence on affidavits; || ( | d | ) requisitioning any public record or copy thereof from any court or office; |(e) issuing commissions for the examination of witnesses or documents;(f) ordering payment of compensatory cost in respect of a false or vexatiousclaim or defence;(g) ordering cost for causing delay;5(h) such other matters as may be prescribed45 of 1860(3) any proceeding before the lokpal shall be deemed to be a judicial proceeding within the meaning of section 193 of the indian penal code, 1860reports of lokpal11 (1) the chairperson of lokpal shall present annually a consolidated report inprescribed format on its performance to the president10(2) on receipt of the annual report, the president shall cause a copy thereof togetherwith an explanatory memorandum to be laid before each house of the parliament15| ( | 3 | ) the lokpal shall upload, every month on its website the list of cases disposed ||------------------------------------------------------------------------------------------------|-----|------------------------------------------------------------------------------------|| with brief details of each such case, outcome and action taken or proposed to be taken in that | | || case along with lists of all cases received by the lokpal during the previous month, cases | | || disposed and cases which are pending | | || 2 of 1974 | | || lokpal to be | | || deemed police | | || officer | | || 12 | ( | 1 || chairperson, members of the lokpal and the officers in investigation wing of the lokpal shall | | || be deemed to be police officers | | || 49 of 1988 | | || ( | 2 | ) while investigating any offence under the prevention of corruption act, 1988, || they shall be competent to investigate any offence under any other law in the same case | | |20| 13 | ( | 1 ||------------------------------------------------------------------------------------------------|------|------------------------------------------------------------------------------------------|| required to execute that order, the manner in which it should be executed and the time period | | || within which that order should be complied with | | || powers of | | || lokpal in case | | || of non- | | || compliance of | | || orders | | || ( | 2 | )if the order is not complied with within the time or in the manner directed, the lokpal || may decide to impose a fine on the officials responsible for the non-compliance of its orders | | |25(3)the drawing and disbursing officer of the concerned department shall be directed to deduct such amount of fine as is clearly specified by the lokpal in its order made in subsection (2) from the salaries of the officers specified in the order:provided that no penalty shall be imposed without giving the officer a reasonable opportunity of being heard:30provided further that if the drawing and disbursing officer falls to make deduct on from the salary as specified in the said order, he shall make himself liable for a similar penalty3570 of 1971(3)in order to get its orders complied with, the lokpal shall have, and exercise the same jurisdiction powers and authority in respect of contempt of itself as a high court has and may exercise, and, for this purpose, the provisions of the contempt of courts act, 1971 shall have the effect subject to the modification that the references therein to the high court shall be construed as including a reference to the lokpal49 of 1988number of special judges for trial4014 on an annual basis, the lokpal shall make an assessment of the number of special judges required under section 4 of the prevention of corruption act, 1988 in each area and the government shall appoint such number of judges within three months of receipt of such recommendation:provided that the lokpal shall recommend such number of special judges so that trial in each case under this act is completed within a yearfunctioning of lokpal15 (1) the chairperson shall be responsible for overall administration and supervision of the institution of lokpal45(2)all policy level decisions including formulation of regulations, developing internal systems for the functioning of the lokpal, assigning functions to various officials in the lokpal, delegation of powers to various functionaries in the lokpal etc shall be taken by the chairperson and the members collectively as a body5(3)the chairperson shall have an annual meeting with the prime minister to assess the needs of the lokpal for finances and manpower and the lokpal shall be provided required resources by the government on the basis of outcome of such meeting(4)the lokpal shall function in benches of three or more members which shall be constituted randomly and cases shall be assigned to them randomly by computer(5)each bench shall consist of at least one member with legal background10(6)the benches shall be responsible for:—(i) granting permission to close any case after a preliminary inquiry; (ii) granting permission to either close a case after investigations or issuing orders imposing penalties under central civil service conduct rules and/or for initiating prosecution in that case;15(iii) issuing orders under section 26(7) the lokpal may decided to initiate investigations into any case suo-motu also(8) the chairperson shall chair all the meetings of the lokpal20(9) the decision to initiate investigation or prosecution against any member of the cabinet or any judge of the high court or the supreme court shall be taken in a meeting of all the existing members and the chairperson and the minutes and records of such meetings shall be made public chapter iv complaint making mechanism and protection of complaint and punishment2516 (1) subject to the provisions of this act, any person may make a complaint under this act to the lokpal:procedure for making a complaint to the lokpalprovided that in case of a grievance, if the person aggrieved is dead or for any reason, unable to act for himself, the complaint may be made or if, it is already made, may be continued by his legal representatives or by any other person who is authorized by him in writing in this behalf30(2) a complaint could be on a plain paper but should contain all such details as prescribed by the lokpal(3) on receipt of a complaint, the lokpal shall decide whether it is an allegation or a grievance or a request for whistleblower protection or a mixture of two or more of these35(4) every complaint shall have to be compulsorily disposed of by the lokpal within a specified time as may be prescirbed:provided that no complaint, other than those which are anonymous, shall be closed without hearing the complainantmatters to be investigated by the lokpal4017 subject to the provisions of this act, the lokpal may investigate any action which is taken by or with the general or specific approval of a public servant where a complaint involving a grievance or an allegation is made in respect of such action:provided that the lokpal may also investigate such action suo-motu or if it is referred to it by the government, if such action can be or could have been in his recorded opinion, subject of a grievance or an allegation18 (1) the lokpal shall not conduct any investigation under this act in case of a grievance in respect of any action,—matters not subject to investigation5(i) if the complainant has or had, any remedy by way of appeal, revision, reviewor any other remedy before any other authority provided in any other law and he has not availed of the same;(ii) taken by a judicial or quasi-judicial body, unless the complainant allegesmalafides;(iii) if the substance of the entire grievance is pending before any court orquasi-judicial body of competent jurisdiction;10(iv) if there is inordinate and inexplicable delay(2) nothing in this act shall be construed as authorising the lokpal to investigate any action which is taken by or with the approval of the presiding officer of either house of parliament15(3) the provisions of this act shall be in addition to the provisions of any other enactment or any rule or law under which any remedy by way of appeal, revision, review or in any other manner is available to a person making a complaint under this act in respect of any action and nothing in this act shall limit or affect the right of such person to avail of such remedy(4) nothing in this section shall bar the lokpal from entertaining a complaint making an allegation of misconduct or corruption or a complaint from a whistleblower seeking protection20procedure relating to complaints and investigations2519 (1) the lokpal, on receipt of a complaint in the nature of an allegation or a grievance or a combination of the two, or in a case initiated on his own motion, may on perusing the documents, either decide to proceed to inquire or investigate into that complaint or decide, to make such preliminary inquiry before proceeding to inquire or investigate into such complaint or direct any other person to make such preliminary inquiry as it deems fit for ascertaining whether there exists reasonable ground for conducting the investigation(2) the outocme of such preliminary inquiry, and if the complaint is being closed along with reasons for the same and all material collected during preliminary inquiry, shall be communicated to the complainant:30provided that if any case is closed, all documents related thereto shall thereafter be treated as public:provided further that if the complaint contains verifiable and specific information about misconduct or corruption, then that case shall not be rejected even if the complaint is anonymous:35provided also that no complaint of allegation shall be rejected by questioning the motives or intention of the complainant:provided again that all hearings before the lokpal shall be video recorded and shall be available to any member of the public on payment or copying costs4022 of 2005(3) every month, a list of all such cases shall be put on the website with reasons for closing a case and all material connected with such closed cases will be provided to anyone seeking it under right to information act, 2005(4) the procedure for preliminary inquiry of a complaint shall be such as the lokpal deems appropriate in the circumstances of the case and in particular, the lokpal may, if it deems necessary to do so, call for the comments of the public servant concerned:45provided that the preliminary inquiry shall be completed and a decision shall be taken whether to close a case or to proceed with investigations within one month of receipt of any complaint(5) where the lokpal proposes, either directly or after making preliminary inquiry, to conduct any investigation under this act, he,—(a) may make such order as to the safe custody of documents relevant to the investigations, as it deems fit;5(b) at appropriate stage of investigations or in the end, shall forward a copy of the complaint, his findings and copy of the material relied upon to the concerned public servant and the complainant;(c) shall afford to such public servant and the complainant an opportunity to offer comments and be heard:10provided that such hearing shall be held in public, except in such rare circumstances, to be recorded in writing, it may be held in camera(6) the conduct of an investigation under this act against a public servant in respect of any action shall not affect such action, or any power or duty of any other public servant to take further action with respect to any matter subject to the investigation15 20(7) if, during the course of preliminary inquiry or investigation under this act, the lokpal is prima facie satisfied that the allegation or grievance in respect of any action is likely to be sustained either wholly or partly, he may, through an interim order, direct the public servant concerned to stay the implementation or enforcement of the decision or action complained against, or to take such mandatory or preventive action, on such terms and conditions, as he may specify in his order to prevent further harm from taking place(8) the lokpal, either during the course of investigations, if he is satisfied that prosecution is likely to be initiated in that case, or at the end of the investigations at the time of initiating prosecution, shall make a list of the assets of all the accused in that case and shall notify the same25(9) in the event of final conviction, the court shall be empowered to recover loss determined under section 20 of this act from this property and transfer any of property subsequent to the date of notification by the lokpal under this sub-section shall be treated as null and void30(10) if during the course of investigation or inquiry into a complaint the lokpal feels that continuance of a public servant in that position could adversely affect the course of investigations or inquiry or that the said person is likely to influence evidence or witnesses, the lokpal may issue appropriate orders including transfer of that public servant from that position or his suspension:provided that such orders shall not be passed against the prime minister35(11) in case of a grievance, the lokpal may issue interim orders to the appropriate authority recommending grant of interim relief to the complainant, if he is satisfied at any stage of preliminary inquiry or investigation that the complainant has sustained injustice or undue hardship in consequence of any decision or action of a public servant40(12) the lokpal may, at any stage of inquiry or investigation under this act, direct through an interim order, the appropriate authorities to take such action as is necessary, including suspension of a government servant, pending inquiry or investigation,—(i) to safeguard wastage or damage of public property or public revenue by the administrative acts of the public servant;(ii) to prevent further acts of misconduct by the public servant;45(iii) to prevant the public servant from secreting the assets allegedly acquired by him by corrupt means (13) where after investigation into a complaint, the lokpal is satisfied that the complaint involving an allegation against the public servant is substantiated and that the public servant concerned should not continue to hold the post held by him, the lokpal shall pass orders to that effect:5provided that if public servant is a government servant, he shall be deemed to havevacated the position with effect from receipt of such order(14) in case of public servants other than government servants the lokpal shall make such recommendation to the president, who shall decided either to accept such recommendation or reject it within a month of its receipt10(15) if, after inquiry into a grievance and after affording reasonable opportunity of being heard to both the complainant and the public authority, the lokpal is satisfied that such grievance is substantiated either wholly or partly, he shall,—(i) pass appropriate orders directing appropriate authorities to redress thegrievance in a manner and within the time prescribed in the order, and15(ii) direct the appropriate authorities to deduct from the salary of the officialsmentioned in the order amount calculated and specified in the order at the rate of rs two hundred fifty per day of delay calculated from day the time limit mentioned in citizens' charter for redressing that grievance got over, and20(iii) direct the appropriate authorities to compensate the complainant with suchamounts as mentioned in the order:provided that any grievance shall be disposed within fifteen days of its receipt: provided further that if, it relates to life and liberty of a person or if the matter is such as to warrant immediate attention and the lokpal is so satisfied, the same shall be disposed within forty eight hours2522 of 2005(16) all records and information of the lokpal shall be public and shall be providedunder right to information act, 2005 even at the stage of investigation or inquiry, unless release of such information would adversely affect the process or inquiry or investigation:22 of 2005provided that no information in any case shall be withheld under the right to informationact, 2005 after the completion of inquiry or investigation30protection of whistleblower20 (1) a whistleblower may write to the lokpal seeking protection from threat ofphysical or professional victimization or if he has been subjected to such professional or physical victimization(2) on receiving such a complaint, the lokpal shall take following steps,—35(a) on threat of professional victimization the lokpal shall conduct appropriateinquiries and if, it feels that there is a real threat to the person and the threat is on account of that person having made an allegation under this act, then the lokpal shall pass appropriate orders, as soon as possible but in not more than a month of receipt of such complaint, directing appropriate authorities to take such steps as directed by the lokpal40(b) if a person complains that he has already been victimized professionally onaccount of making an allegation under this act, the lokpal shall, after conducting inquiries, if he is of the opinion that the victimization is indeed because of that person's having made an allegation under this act, pass appropriate orders, as soon as possible but in not more than a month, directing appropriate authorities to take such steps as directed by the lokpal:45provided that for clause (a) the lokpal may, but for clause (b) the lokpal shall, also issue orders imposing penalties under central civil services conduct rules against the officer or officials who issued threats or caused victimization:provided further that no such penalties shall be imposed without giving an opportunity of being heard to the affected officials5 22 of 2005 10(c) on threat of physical victimization, the lokpal shall conduct appropriate inquiries and if, it feels that there is a real threat to the person and the threat is on account of that person having made an allegation under this act or for having filed an under the right to information, act, 2005 application to any public authority covered under this act, then notwithstanding anything contained in any other law, the lokpal shall pass appropriate orders, as soon as possible but in not more than a week, directing appropriate authorities, including police, to take such steps as directed by the lokpal to provide adequate security to that person, to register criminal cases against those who are issuing threats and also to take all such steps necessary to mitigate circumstances leading to such threat: provided that if the threat is imminent, the lokpal may decide to act immediately, within a few hours to prevent physical assault on that person15 22 of 2005 20(d) if a person complains that he has already been physically assaulted on account of making an allegation under this act and if the lokpal is satisfied after conducting inquiries that the person has been assaulted because of his having made an allegation under this act or for filing an under right the information act, 2005 application in any of the public authorities covered under this act, then notwithstanding anything else contained in any other law, the lokpal shall pass such orders, as soon as possible but in not more than twenty-four hours, directing the concerned authorities to take such steps as directed by the lokpal to provide adequate security to that person, to register criminal cases and also to ensure that no further harm is done to that person49 of 1988 25(e) if the whistleblower has alleged an act punishable under the prevention of corruption act, 1988 then for cases under clause (c), the lokpal may and for cases under clause (d), the lokpal shall, assign the allegations made by that person to a special team, put it on a fast track and complete investigations in that case in not more than a month30 49 of 1988 35(f) if the whistleblower has alleged an act punishable under any law other than the prevention of corruption act, 1988 then for cases under clause (c), the lokpal may and for cases under clause (d), the lokpal shall, direct the agency which has the powers to enforce that law to assign the allegations made by the whistleblower to a special team, put it on a fast track and complete investigation in that case in such time as directed by the lokpal(g) the lokpal shall have the powers to issue directions to appropriate agencies in the cases covered under clause (f), monitor such investigations and if necessary, issue directions to that agency to do the investigations in the manner as directed by the lokpal40(3) if any complainant requests that his identity should be kept secret, the lokpal shall ensure the same and shall prescribe detailed procedures on how such complainants shall be dealt with(4) the lokpal shall issue orders to the public authorities to make necessary changes in their policies and practices to prevent recurrence of victimization chapter v grievance redressal systems21 (1) each public authority shall be responsible for ensuring the preparation and implemention of citizens' charter, within a reasonable time, and not exceeding one year from the coming into force of this actcitizens' charter and grievance redressal(2) every citizens' charter shall enumerate the commitments of the respective public authority to the citizens, officer responsible for meeting such commitment and the time limit within which the commitment shall be met5(3) each public authority shall designate an official called public grievance redressal officer, whom a complainant shall approach for any violation of the citizens' charter(4) every public authority shall review and revise its citizens' charter at least once every year through a process of public consultation(5) the lokpal may by an order direct any public authority to make such changes in their citizens' charter as are mentioned in that order10(6) no grievance shall be accepted by the lokpal if fifteen days have not elapsed aftersubmission of complaint by the complainant with the public grievance redressal officer of public authority:provided that if the lokpal feels that considering the gravity or urgency of the grievance, it is necessary to do so, the lokpal may decide to accept such grievance earliers also15 chapter vi authorities and staff of lokpal22 (1) there shall be a chief vigilance officer in each public authority to be selected and appointed by the lokpalchief vigilance officer(2) the chief vigilance officer shall not be from the same public authority and shall be a person of impeccable integrity and ability to take proactive meaures against corruption20(3) the chief vigilance officer shall be responsible for accepting complaints against any public authority and shall transfer the complaints related to other public authorities within two days of receipt25(5) the chief vigilance officer shall be responsible for carrying out all such responsibilities as assigned to him from time to time by the lokpal including dealing with complaints in the manner as laid down by the lokpal from time to time:49 of 1988provided that the complaints which require investigations under the prevention of corruption act, 1988 shall be transferred to the investigative wing of the lokpal:30provided further that the complaints, other than grievances, against officers of the level of joint secretary or above shall not be dealt by the chief vigilance officer and shall be transferred to the lokpal, who shall set up a committee of chief vigilance officers of three other public authorities to inquire into such complaintstaff of lokpal23 (1) there shall be such officers and employees as may be prescribed to assist the lokpal in the discharge of his functions under this act35(2) the number and categories of officer and employees shall be decided by the lokpal in consultation with the government(3) the categories, recruitment and conditions of service of the officers and employees referred in sub-section (1) including such special conditions or special pay as may be necessary for enabling them to act without fear in the discharge of their functions, shall be such as may be prescribed according to the recommendations of the lokpal:40provided that no official, whose integrity is in doubt, shall be considered for being posted in lokpal:provided further that all officers and employees, who work in lokpal on deputation or otherwise shall be eligible for the same terms and conditions as prescribed under this clause45(4) without prejudice to the provisions of sub-section (1), the lokpal may for thepurpose of conducting investigations under this act utilize the services of—(a) any officer or investigating agency of the government; or (b) any officer or investigating agency of any other government with the priorconcurrence of that government; or(c) any person or any other agency5(5) the officers and other employees referred to in sub-section (1) shall be under the administrative and disciplinary control of the lokpal(6) the lokpal shall have the power to choose its own officials for which the lokpal may enlist officials on deputation from other government agencies for a fixed tenure or it may enlist officials on permanent basis from other government agencies or it may appoint people from outside on permanent basis or on a fixed tenure basis10(7) the staff and officers shall be entitled to such pay scales and other allowances, which may be different and more than the oridinary pay scales in the central government, as are decided by the lokpal from time to time, in consultation with the prime minister, so as to attract honest and efficient people to work in the lokpal1524 (1) the central vigilance commission act, 2003 shall stand repealedrepeal and savings45 of 2003(2) notwithstanding such repeal, any act or thing done under the said act shall be deemed to have been done under this act and may be continued and completed under the corresponding provisions of this act20(3) all inquiries and investigations and other disciplinary proceedings pending before the central vigilance commission and which have not been disposed of, shall stand transferred to and be continued by the lokpal as if they were commenced before him under this act25(4) notwithstanding anything contained in any act, the posts of the secretary and other officers and employees of the central vigilance commission are hereby abolished and they are hereby appointed as the secretary and other officers and employees of the lokpal(5) the salaries, allowances and other terms and conditions of services of the said secretary, officers and other employees shall, until they are varied, be the same as to which they were entitled to immediately before the commencement of this act30(6) all vigilance administration under the control of all ministries/departments of the central government, corporations established by or under any central act, government companies, societies and local authorities owned or controlled by the central government shall stand transferred, along with its personnel, assets and liabilities to the lokpal for all purposes35(7) the personnel working in vigilance wings of the agencies mentioned in subsection (6) shall be deemed to be on deputation to the lokpal for a period of five years from the date they are transferred to the lokpal:provided, the lokpal may decided to repatriate any personnel anytime (8) the department from where any personnel have been transferred to the lokpal under sub-section (6) shall cease to have any control over the administration and functions of transferred personnel40(9) the lokpal shall rotate the personnel and create vigilance wing of each department in such a way that no personnel from the same department get posted for vigilance functions in the same department45(10) no person shall be employed with the lokpal against whom any vigilance inquiry or any criminal case is pending at the time of being considered| 25 ||---------------|| investigation || wing of || lokpal || 49 of 1988 |5| ( ||-----------------------------------------------------------------------------------------------------|| act, 1988 such officers of investigation wing, upto the level as decided by the lokpal, shall || have, in relation to the investigation and arrest of persons throughout india, in connection || with investigation of complaints under this act, all the powers, duties, privileges and liabilities || which members of delhi special police establishment have in connection with the investigation || of offences committed therein |49 of 198810| ( ||--------------------------------------------------------------------------------------------|| investigation and prosecution of offences alleged to have been committed under the || prevention corruption act, 1988, shall stand transferred, along with its employees, assets || and liabilities to the lokpal for all purposes |(4) the part of the delhi special police establishment, which has been transferred under sub-section (3), shall form part of investigation wing of the lokpal(5) the central government shall cease to have any control over the transferred part and its personnel15(6)the salaries, allowances and other terms and conditions of services of the personnel transferred under sub-section (3) shall be the same as to which they were entitled to immediately before the commencement of this act(7) all cases which were being dealt by that part of the delhi special police establishment, which has been transferred under sub-section (3), shall stand transferred to the lokpal20(8) after completion of investigation in any case, the investigation wing shall present the case to an appropriate bench of the lokpal, which shall decide whether to grant permission for prosecution or not25| 26 | ( | 1 ||---------------------------------------------------|-----|-----------------------------------------------------------------------------------------|| separately and as per provisions of this section | | || complaints | | || against | | || officers or | | || employees of | | || lokpal | | || ( | 2 | ) there shall be a separate wing in the lokpal to deal with complaints against officers || or staff of the lokpal | | |49 of 198830| ( ||----------------------------------------------------------------------------------------|| under the prevention of corruption act, 1988 or a misconduct or a dishonest inquiry or || investigation |(4) as soon as such a complaint is received the same shall be displayed on the website of the lokpal along with the contents of the complaint(5) investigations into each such complaint shall be completed within a month of itsreceipt3545 of 1860(6) in addition to examining the allegations against the said official, the allegationsshall especially be examined against sections 107, 166, 167, 177, 182, 191, 192, 196, 199, 200, 201, 202, 204, 217, 218, 219, 463, 464, 468, 469, 470, 471, 474 of the indian penal code, 1860(7) if, during the course of investigations, the lokpal feels that the charges are likely tobe sustained, the lokpal shall divest such officer of all his responsibilities and powers and shall place him under suspension4049 of 1988(8) if after completion of inquiry or investigations, the lokpal decides to prosecutethat person under the prevention of corruption act, 1988 or holds him guilty of any misconduct or of conducting dishonest inquiry or investigations, then that person shall not work with the lokpal anymore45(9) the lokpal shall either dismiss that person from the job, if that person is in theemployment of the lokpal, or shall repatriate him, if he is on deputation:provided that no order under this clause shall be passed without giving reasonable opportunity of being heard to the accused person:provided further that order under this clause shall be passed with fifteen days of completion of investigations5(10) the lokpal shall take all steps to ensure that all inquiries and investigations on complaints against its own staff and officials are conducted in most transparent and honest manner chapter vii miscellaneous10protection of action takens in good faith27 (1) no suit, prosecution, or other legal proceedings shall lie against the chairperson or members or against any officer, employee, agency or person referred to in section 15(4) in respect of anything which is done in good faith while acting or purporting to act in the discharge of his official duties under this act15(2) no proceedings of the lokpal shall be held to be bad for want of form and except on the ground of jurisdiction, no proceedings or decision of the lokpal shall be liable to be challenged, reviewed, quashed or called in question in any court of ordinary civil jurisdiction28 (1) every public servant, other than those mentioned in section 2(k) (i) to (iii), shall within three months after the commencement of this act and thereafter before the 30th june of every year submit to the head of the public authority, in the form prescribed by lokpal, a statement of his assets and liabilities and those of the members of his family20public servants to submit annual property statements(2) public servants mentioned in section 2 (k) (i) to (iii) shall submit their returns in a format prescribed by the lokpal to the lokpal with the aforesaid time lines(3) the head of each public authority shall ensure that all such statements are put on the website by the 31st of august of that year25(4) if no such statement is received by the head of that public authority from any such public servant within the time specified in sub-section (1), the head of that public authority shall direct the concerned public servant to do so immediately and if within next one month, the public servant concerned does not submit such statement, the head shall stop the salary and allowances of that public servant till he submits such statement30(5) the lokpal on new compliance sub-section (1) and (2) may initiate prosecution against such public servant under section 176 indian panel code, 186045 of 1860 35(6) if any public servant furnishes any statement, which is subsequently found to be incorrect, then the lokpal, in addition to taking action against the said public servant under other sections of this act, may also impose a penalty upto a maximum of fifty per cent of the value of the additional property subsequently detected(7) the lokpal shall also intimate such information to the income tax department for appropriate actionexplanation—in this section ''family of a public servant'' means the spouse and such children and parents of the public servant as are dependent on him4029 (1) the lokpal shall be competent to delegate its powers and assign functions to the officials working in the lokpalpower to delegate and assign functions(2) all functions carried out and powers exercised by such officials shall be deemed to have been so done by the lokpal:provided that the following functions shall be performed by the benches and cannot be delegated:45(i) granting permission to initiate prosecution in any case;(ii) order for dismissal of any government servant under ccs conduct rules;(iii) passing orders under section 10 on complaints against officials and staff of the lokpal;5(iv) pass orders in cases of complaints, other than grievances, against officers ofthe level of joint secretary and above 30 (1) the preliminary inquiry under sub-section (1) of section 19 of this act becompleted within a month of receipt of complaint:time limits to be fixed for inquiryprovided that the inquiry officer shall be liable for an explanation if the inquiry is notcompleted within this time limit(2) investigation into any allegation shall be completed within six months, and in anycase, not more than one year, from the date of receipt of complaint10penalty for false complaint31 (1) notwithstanding anything contained in this act, if someone makes any false orfrivolous complaint under this act, the lokpal may impose such fines on that complainant as it deems fit:provided that no fine can be imposed without giving such person a reasonableopportunity of being heard15preventive measures(2) fines imposed under sub-section (1) shall be recoverable as dues of land revenue 32 (1) the lokpal shall, at regular intervals either study itself or cause to be studiedthe functioning of all public authorities falling within its jurisdiction and in consultation with respective public authority, issue such directions as it deems fit to prevent incidence of corruption in future20removal of difficulties(2) the lokpal shall also be responsible for creating awareness about this act and involving general public in curbing corruption and maladministration33 notwithstanding anything contained in this act, the president, in consultation with the lokpal or on request of the lokpal may, by order, make such provision,—25| ( | i | ) for brining the provisions of this act into effective operation; ||-------------------------------------|-----|------------------------------------------------------------------------------|| ( | ii | ) for continuing the inquiries and investigations pending before the central || vigilance commission by the lokpal | | || overriding | | || effect of the | | || act | | || 30 | | || power to make | | || regulations | | |34 the provisions of this act and the rules and regulations made thereunder shall have effect notwithstanding anything inconsistent contained in any other law for the time being in force35 the lokpal shall have power to make its own regulations for the smooth functioning of the institution and to effectively implement various provisions of this actpower to make rules3536 (1) the government may, by notification in the official gazette, make rules for thepurpose of carrying into effect the provisions of this act:provided that such rules shall be made only in consultation and with the approval ofthe lokpal(2) in particular, and without prejudice to the generality of the foregoing provisions, such rules may provide for,—(i) the allowance and pensions payable to and other conditions of service of thechairperson and members of the lokpal;40(ii) the powers of a civil court which may be exercised by the lokpal underclause (h) of sub-section (2) of section 10(iii) the salary, allowances, recruitment and other conditions of service of theemployees of the lokpal;45(iv) any other matter for which rules have to be made are necessary under thisact(3) any rule made under this act may be made with retrospective effect and when such a rule is made the reasons for making the rule shall be specified in a statement laid before both houses of the parliament chapter viii amendment to the prevention of corruption act, 198837 in the prevention of corruption act, 1988,—(a) section 19 shall be omittedamendment of prevention of corruption act(b) after section 16 the following section shall be inserted namely:—"16a the special judge on conviction of an accused shall also qualify the loss caused to the government and apportion that amount to various convicts from whom this money shall be recovered as arrears of land revenue" (c) in section 7, for the words "six months but which may extend to five years"the words "five years which may extend to life imprisonment" shall be substituted(d) in section 8, for the words "six months but which may extend to five years"the words "five years which may extend to life imprisonment" shall be substituted(e) in section 9, for the words "six months but which may extend to five years"the words "five years which may extend to life imprisonment" shall be substituted(f) in section 10, for the words "six months but which may extend to five years"the words "five years which may extend to life imprisonment" shall be substituted(g) in section 11, for the words "six months but which may extend to five years"the words "five years which may extend to life imprisonment" shall be substituted(h) in section 12, for the words "six months but which may extend to five years"the words "five years which may extend to life imprisonment" shall be substituted(i) in section 13, sub-section (2) for the words "one year but which may extend to seven years" the words "five years which may extend to life imprisonment" shall be substituted(j) in section 14, for the words "two years but which may extend to seven years"the words "five years which may extend to life imprisonment" shall be substituted(k) in section 15, for the words "three years" the words "life imprisonment" may be substituted statement of objects and reasonsthe idea to bring in an institution like lokpal to look into allegations of corruption, etc, is borrowed from the office of the ombudsman which was set up in scandinavian countries in sixtees after thorough examination, consultations and discussions, the government of india entrusted this subject for making appropriate recommendations with regard to setting up of the lokpal to the first administrative reforms commission (arc) in 1966 after examining the proposal threadbare, the first arc recommended the constitution of a two-tier machinery the lokpal at the centre, and the lokayukta at the state level the government of india considered the recommendation favourably and, for the first time, the lokpal bill was introduced in the fourth lok sabha in 1968 and was passed the next year but, unfortunately, the bill lapsed due to dissolution of the lok sabha then, the bill was introduced again in 1971, 1977, 1985, 1989, 1996, 1998 and 2001 every time the bill was introduced, but due to one reason or the other, it could not become an actindia is a democratic country and to uphold the values of democracy, or any other system of governance for that matter, a clean public life, the standards and character of political parties have to be built on grounds of moral conscience corruption in public life has become rampant in the country and with the recent scams like 2g spectrum, allocation of s-band spectrum, adarsh housing society, commonwealth games, 2010 delay in unearthing black money, etc, it becomes all the more necessary and important to immediately put in place the institution of lokpal apart from corruption by people who are in public life, corruption in executive has also shot up tremendously so, the proposed bill justifies its enactment in every respectthere is no doubt that some of the states have appointed the lokayuktas to look into corruption cases against people who are in the public life but, not all the states have enacted the lokayuktas so if the proposed bill is passed, it would pave the way for enactment of the lokayuktas in states where it was not introducedthe proposed bill aims to cover the prime minister, ministers, members of parliament, judges of the supreme court and high courts, government servants, etcthe bill also aims to protect the whistleblower who faces threat of professional harm, including but not limited to illegitimate transfers, denial of promotions, denial of appropriate perks, departmental proceedings, discrimination or physical harm or is actually subjected to such harmthe bill seeks to achieve above objectives hence, this billdr mv mysura reddy financial memorandumclause 3 of the bill empowers the government for establishment of the institution of the lokpal clause 5 deals with the salary and allowances of the chairperson and members of the lokpal and creation of the lokpal fund clause 23 deals with the officers and employees of the lokpal and their salary and allowances, etc the bill, if enacted, will involve expenditure from the consolidated fund of india however, at this stage, it is not possible to quantify the exact amount of recurring and non-recurring expenditure to be involved for putting in place the institution of the lokpal memorandum regarding delegated legislationclauses 29 and 35 of the bill empowers the lokpal to delegate powers and assign functions to officials working in the lokpal and to make its own regulations clause 36 gives powers to 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 rajya sabha———— a billto provide for the establishment of effective anti-corruption and grievance redressal systemsat the centre by creating effective deterrent against corruption and also to provide effective protection to whistleblowers and for matters connected therewith or incidental thereto————(shri mv mysura reddy, mp)gmgipmrnd—972rs(s3)—05082011 | Parliament_bills | 38cd89c4-4f46-5a5f-9050-b3269332c4a9 |
bill no xlvi of 2017 the constitution (amendment) bill, 2017 a billfurther to amend the constitution of indiabe it enacted by parliament in the sixty-eighth year of the republic of india as follows:—1 (i) this act may be called the constitution (amendment) act, 2017short title and commencement(ii) it shall come into force with immediate effect52 in article 15 of the constitution,—amendment of article 15''(i) in clause (1), after the words "place of birth", the word '',disability'' shall beinserted(ii) in clause (2), after the words ''place of birth'', the word ''disability'' shall beinserted10(iii) in clause (4), after the words ''the scheduled tribes'', the words ''or thepersons with disabilities'' shall be inserted(iv) in clause (5), after the words ''the scheduled tribes'', the words ''or for persons with disabilities'' shall be inserted3 in article 16 of the constitution,—amendment of article 165(i) in clause (2) after the words ''place of birth, residence'', the word ''disability''shall be inserted(ii) in clause (4) after the words ''under the state'', the words ''or in favour of the persons with disabilities'' shall be inserted4 in article 39 of the constitution,—amendment of article 3910(i) in sub-clause (a) for the words ''and women'', the words '', women andpersons with disabilities'' shall be substituted(ii) in sub-clause (d) for the words ''and women'', the words '', women andpersons with disabilities'' shall be substituted(iii) in sub-clause (e) for the words ''and women'', the words '', women and persons with disabilities'' shall be substituted155 after article 46 of the constitution, the following be inserted, namely:—insertion of new article 46a"46a the state shall promote with special care the educational and economic interests of persons with disabilities and shall protect them from social injustice and from all forms of exploitationpromotion of educational and economic interests of persons with disabilities statement of objects and reasonspersons with disabilities remain one of the most marginalised communities in the country occurrences of stigma and discrimination are common in the lives of these persons this is despite india's engagement with international conventions for persons with disabilities india had adopted the proclamation on the full participation and equality of persons with disabilities in the asian and the pacific region in december, 1992 nine years after india ratified the united nations convention on the rights of persons with disabilities (uncrpd) in 2007, the rights of persons with disabilities act, 2016 came into force the act aimed to empower persons with disabilities by providing legal redress against discrimination, access to education and employmentdespite the 22 year long existence of persons with disabilities (equal opportunity protection of rights and full participation) act, 1995; its revamp through rights of persons with disabilities act, 2016 and india's ratification of uncrpd, progress has been slow 70 million disabled indians continue to face discrimination and don't get access to public services, formal employment and education reportedly only seven states have a separate department for dealing with matters concerning persons with disability according to the world disability report 2011, 87% of persons with disabilities work in the informal sector in india the same report also pointed that the share of disabled children not enrolled in schools in the more prosperous states in india is more than five times the national rate the ministry of social justice and empowerment is responsible for special schools for children with disabilities while the department of education is responsible for children in mainstream schools this segregation has developed a cultural perception that more than eqality of opportunity, children with disabilities are in need of welfare these perceptions lead to stereotyping children with disabilities and breed negative attitudesthe hon'ble supreme court in the case of jeeja ghosh versus union of india observed that, equality not only implies preventing discrimination, but goes beyond in remedying discrimination against groups suffering systematic discrimination in society in concrete terms, it means embracing the notion of positive rights, affirmative action and reasonable accommodation the move from the patronising and paternalistic approach to persons with disabilities represented by the medical model to viewing them as members of the community with equal rights has also been reflected in the evolution of international standards relating specifically to disabilities, as well as in moves to place the rights of persons with disabilities within the category of universal human rightsalthough section 3 of the rights of persons with disabilities act, 2016 ensures equality and non-discrimination the same has not been matched with amendments in the constitutiontherefore, it has been proposed that article 15, article 16 and directive principles of the constitution be amended so that all policies, laws and regulations are designed keeping in view the interests of persons with disabilities it will empower persons with disabilities as they can seek redressal for violation of their fundamental right against discrimination by amending its constitution, india will join the league of developed nations like canada, germany, uk that guarantee equal rights to persons with disabilities in their constitutionhence this billhusain dalwai annexure extracts from the constitution of india 15 (1) the state shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them(2) no citizen shall, on grounds only of religion, race, caste, sex, place of birth or any of them, be subject to any disability, liability, restriction or condition with regard to—prohibition of discrimination on grounds of religion, race, caste, sex or place of birth(a) access to shops, public restaurants, hotels and places of public entertainment;or(b) the use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or partly out of state funds or dedicated to the use of the general public (3) (4) nothing in this article or in clause (2) of article 29 shall prevent the state from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the scheduled castes and the scheduled tribes(5) nothing in this article or in sub-clause (g) of clause (1) of article 19 shall prevent the state from making any special provision, by law, for the advancement of any socially and educationally backward classes of citizens or for the scheduled castes or the scheduled tribes in so far as such special provisions relate to their admission to educational institutions including private educational institutions, whether aided or unaided by the state, other than the minority educational institutions referred to in clause (1) of article 3016 (1) equality of opportunity in matters of public employment(2) no citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth residence or any of them, be ineligible for, or discriminated against in respect of, any employment or office under the state(3) (4) nothing in this article shall prevent the state from making any provision for the reservation of appointments or posts in favour of any backward class of citizens which, in the opinion of the state, is not adequately represented in the services under the state(4a) (4b) (5) 39 the state shall, in particular, direct its policy towards securing—(a) that the citizens, men and women equally, have the right to an adequate means of livelihood;certain principles of policy to be followed by the state(b) (c) (d) that there is equal pay for equal work for both men and women; (e) that the health and strength of workers, men and women, and the tender age of children are not abused and that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength;(f) rajya sabha———— a billfurther to amend the constitution of india————(shri husain dalwai, mp)gmgipmrnd—3416rs(s3)—02-01-2018 | Parliament_bills | ee4dbd75-1ca2-574e-93c3-3602e03dc286 |
bill no 251 of 2018 the armed forces law (amendment) bill, 2018 byshri jagdambika pal, mp a billfurther to amend the army act, 1950, the navy act, 1957 and the air force act,1950 with a view to give equal rights and opportunities to members of the lesbian, gay, bisexual and transgender community to dedicate their lives for the nation and serve in the armed forcesbe it enacted by parliament in the sixty-ninth year of the republic of india as follows:— chapter i preliminary chapter ii amendments to the army act, 195045 of 1950amendment of section 452 after section 45 of the army act, 1950, (hereinafter referred to as the principal act inthis chapter), the following explanation shall be inserted, namely:—5"explanation—nothing in this section shall apply to consensual sexual actscommitted between adults, whether of the same gender or of different genders"amendment of section 463 after section 46 of the principal act, the following explanation shall be inserted,namely:—10"explanation—nothing in this section shall apply to consensual sexual acts committedbetween adults, whether of the same gender or of different genders"amendment of section 634 after section 63 of the principal act, the following explanation shall be inserted,namely:—"explanation—nothing in this section shall apply to consensual sexual acts committed between adults, whether of the same gender or of different genders" chapter iii15 amendments to the navy act, 1957amendment of section 535 after section 53 of the navy act, 1957 (hereinafter reffered to as the principal act inthis chapter), the following explanation shall be inserted, namely:—20"explanation—nothing in this section shall apply to consensual sexual actscommitted between adults, whether of the same gender or of different genders"amendment of section 546 after section 54 of the principal act, the following explanation shall be inserted,namely:—"explanation—nothing in this section shall apply to consensual sexual actscommitted between adults, whether of the same gender or of different genders"25amendment of section 747 after section 74 of the principal act, the following explanation shall be inserted,namely:—"explanation—nothing in this section shall apply to consensual sexual actscommitted between adults, whether of the same gender or of different genders" chapter iii amendments to the air force act, 19503062 of 1957amendment of section 458 after section 45of the air force act, 1950, (hereinafter referred to as the principal actin this chapter), the following explanation shall be inserted, namely:—"explanation—nothing in this section shall apply to consensual sexual actscommitted between adults, whether of the same gender or of different genders"35amendment of section 469 after section 46 of the principal act, the following explanation shall be inserted,namely:—"explanation—nothing in this section shall apply to consensual sexual acts committed between adults, whether of the same gender or of different genders"amendment of section 6510 after section 65 of the principal act, the following explanation shall be inserted, namely:—40"explanation—nothing in this section shall apply to consensual sexual acts committed between adults, whether of the same gender or of different genders" statement of objects and reasonsmembers of the lgbt (lesbian, gay, bisexual and transgender) community have for long been persecuted and discriminated against not only did society exclude and ostracize them, the state too punished them for their identity this systemic and social victimization was finally declared illegal and unconstitutional by the hon'ble supreme court in september 2018 in the landmark judgement in navtej singh johar & ors v union of india & orsthe apex court stated in unequivocal terms that respect for individual choice is the very essence of liberty under law and thus criminalizing carnal intercourse among persons of the same gender is irrational, indefensible and manifestly arbitary the court noted that archaic legal provisions from the colonial era criminalizing homosexuality were a weapon in the hands of the majority to seclude, exploit and harass the lgbt communitythe armed forces too treated differently and adversely those who did not adhere to normative standards and definitions of sexual identities and orientations as noted by the hon'ble supreme court, lesbians, gays, bisexual and transgenders have a constitutional right to equal citizenship in all its manifestations therefore, every person, irrespective of gender or sexual orientation, shall have the opportunity to serve their nation by joining the armed forces, which is an essential and core civilizational institutionwhile the judgement of the hon'ble supreme court has received praise and appreciation from all sections of society, questions have been raised whether the same would extend to the armed forcesthis bill seeks to make it clear that a person's sexual identity or orientation cannot form the grounds for disciplinary action of any kind under the act as held by the hon'ble chief justice of india, "only constitutional morality and not social morality can be allowed to permeate rule of law sexual orientation is one of the many natural phenomena, any discrimination on basis of sexual orientation amounts to violation of fundamental rights"the bill, therefore, seeks to amend the army act, 1950, navy act, 1957 and the air force act, 1950 with a view to give equal rights and opportunities to members of the lgbt community to dedicate their lives for the nation and serve in the armed forceshence, this billnew delhi;jagdambika palnovember 27, 2018 annexure extracts from army act, 1950 (no 46 of 1950)unbecoming conduct45 any officer, junior commissioned officer or warrant officer who behaves in a manner unbecoming his position and the character expected of him shall, on conviction by courtmartial, if he is an officer, be liable to be cashiered or to suffer such less punishment as is in this act mentioned; and, if he is a junior commissioined officer or a warrant officer, be liable to be dismissed or to suffer such less punishment as is in this act mentioned46 any person subject to this act who commits any of the following offences, that is to say,—certain forms of disgraceful conduct(a) is guilty of any disgraceful conduct of a cruel, indecent or unnatural kind; or (b) malingers, or feigns, or produces disease or infirmity in himself, or intentionally delays his cure or aggravates his disease or infirmity; or(c) with intent to render himself or any other person unfit for service, voluntarily causes hunt to himself or that person; shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this act mentioned violation of good order and discipline63 any person subject to this act who is guilty of any act or omission which, though not specified in this act, is prejudicial to good order and military discipline shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this act mentioned extracts from navy act, 1957 (no 62 of 1957)53 every person subject to naval law who is guilty of,—uncleanness or indecent acts(a) uncleanness; or (b) any indecent act; shall be punished with imprisonment for a term which may extend to two years or such other punishment as is hereinafter mentioned54 (1) every officer subject to naval law who is guilty of cruelty shall be punished with imprisonment for a term which may extend to seven years or such other punishment as is hereinafter mentionedcruelty and conduct unbecoming the character of an officer(2) every officer subject to naval law who is guilty of any scandalous or fraudulent conduct or of any conduct unbecoming the character of an officer shall be punished with imprisonment for a term which may extend to two years or such other punishment as is hereinafter mentioned offences against good order and naval discipline74 every person subject to naval law who is guilty of an act, disorder, or neglect to the prejudice of good order and naval discipline, not hereinbefore specified, shall be punished with imprisonment for a term which may extend to three years or such other punishment as is hereinafter mentioned extracts from air force act, 1950 (no 45 of 1950)unbecoming conduct45 any officer or warrant officer who behaves in a manner unbecoming his position and the character expected of him shall, on conviction by court—martial, if he is an officer, be liable to be cashiered or to suffer such less punishment as is in this act mentioned; and if he is a warrant officer, be liable to be dismissed or to suffer such less punishment as is in this act mentioned46 any person subject to this act who commits any of the following offences, that is to say, certain forms of disgraceful conduct(a) is guilty of any disgraceful conduct of a cruel, indecent or unnatural kind; or (b) malingers, or feigns, or produces disease or infirmity in himself, or intentionally delays his cure or aggravates his disease or infirmity; or(c) with intent to render himself or any other person unfit for service voluntarily causes hurt to himself or that person;shall, on conviction by court—martial, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this act mentionedviolation of good order and air force discipline65 any person subject to this act who is guilty of any act or omission which though not specified in this act, is prejudicial to good order and air force discipline shall, on conviction by court-martial, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this act mentioned lok sabha———— a billfurther to amend the army act, 1950, the navy act, 1957 and the air force act,1950 with a view to give equal rights and opportunities to members of the lesbian, gay, bisexual and transgender community to dedicate their lives for the nation and serve in the armed forces————mgipmrnd—2641ls(s3)—21-12-2018 | Parliament_bills | 7a7c9f20-bc6a-51d1-8cf5-0751abbea680 |
bill no 86 of 2018 the child welfare bill, 2018 byshri jugal kishore sharma, mp a billto provide for the welfare of children 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 child welfare act, 2018short title and extent(2) it extends to the whole of indiaprohibition of child employment4 (1) the central government shall establish adequate number of juvenile homes with all basic amenities for the welfare of children in every district of the countryestablishment of juvenile homes(2) any child who is abandoned, orphan, destitute, neglected or engaged in any job, occupation or begging shall be admitted to the juvenile homes set up under sub-section (1)55 (1) every child who is admitted into the juvenile home shall be entitled to the following facilities free of cost,—(a) accommodation, food and clothing;facilities to be provided to the children in juvenile homes(b) education including higher and technical education; and(c) medical assistance10(2) every child shall also be entitled to such other facilities as are necessary for his all-round development6 the central government shall make provisions of reservation in posts and services under its control for children admitted to juvenile homes on attaining the age of eighteen yearsprovision for reservation in posts and services under central government15power to make rules7 (1) the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act20(2) every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both the houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule statement of objects and reasonsa large number of children are forced by their parents to do menial labour, in order to sustain their livelihood due to lack of proper diet and healthcare, these children become victims of a number of diseases some of them even succumb to premature death many of these children are highly talented but due to lack of proper education and other opportunities, their talent goes wastechildren are the future of a country it is, therefore, the responsibility of the government to provide opportunities of all-round development to every child and also to provide protection against exploitation thus, it is proposed to bring in a legislation for the welfare and protection of children against exploitationhence this billnew delhi;jugal kishore sharmafebruary 22, 2018 financial memorandumclause 4 of the bill provides for setting up of adequate number of juvenile homes with all basic amenities for the welfare of children in every district of the country by the central government clause 5 provides for free of cost food, accommodation, clothing, education and medical facilities to the children in juvenile homes 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 fifty crore is likely to be involveda non-recurring expenditure of about rupees five crore is also likely to be involved memorandum regarding delegated legislationclause 7 of the bill empowers the central government to make rules for carrying out the purposes of the 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 welfare of children and for matters connected therewith————(shri jugal kishore sharma, mp)mgipmrnd—4276ls(s-3)—09-03-2018 | Parliament_bills | 239beed1-fd36-5b7f-8306-2eb3f315435b |
the industrial disputes (amendment) bill, 1957[as introducbd in lok sabra) (as introduced in lok sabra) a billfurther to amend the industrial disptlte$ aot, 1947 be it enacted by parliament in the eighth year of the republic of india as follows:-1 (1) this act may be called the industrial disputes (amend- short title ment) act, 1957 and commencement 5 (2) section 2 shall be deemed to have come into force on the 10th day of march, 1957, and section 3 on the 1st day of december, 1956 of 15147 2 in section 2 of the industrial disputes act, 1947, (hereinafter amendment referred to as the principal act), for clause (r), the following clause of section z 10 shall be substituted, namely:-"(r) 'tribunel' means an industrial tribunal constituted under section 7a and includes an ,industrial tribunal constituted before the 10th day of march, 1957, urlder this act;" 3 for section 25ff of the principal act, the following sections substitution is shall be substituted, namely:-ti~n~~~r =: tion zsff "25ff where the ownership or management of an under- compensataking is transferred, whether by agreement or by operation of tion t~ work- men in case law, from the employer in relation to that undertakmg to a ot ranster new employer every workman who has been in continuous ser- ~f undertak ' •• vice for not less than one year in that undertaking nnmediately logs 20 before such transfer shall be entitled to notice and compensation in accordance with the provisions of section 25f, as if the workman had been retrenched: provided that nothing in this section shall apply to a workman in any case where there has been a change of employers by 5 reason of the transfer, if-(a) the service of the workman has not been interrupted by such transfer; (b) the terms and conditions of service applicable to the workman after such transfer are not in any way less 10 favourable to the workman than those applicable to him immediately before the transfer; and (c) the new employer is, under the terms of such transfer or otherwise, legally liable to pay to the workman, in the event of his retrenchment, compensation on the basis that is his service has been continuous and has not been interrupted by the transfer 25fff (1) where en undertaking is closed down for any reason whatsoever, every workman who has been in continuous service for not less than one year in that undertaking immedia- 20 tely before such closure shall, subject to the provisions of subsection (2), be entitled to notice and compensation in accordance with the provisions of section 25f, as if the workman had been retrenched: provided that where the undertaking is closed down on 25 account of unavoidable circumstances beyond the control of the employer, the compensation to be paid to the workman under clause (b) of section 25f shall not exceed his average pay for three months explanation-an undertaking which is closed down by 30 reason merely of financial losses or accumulation of undisposed of • tocks shall not be deemed to' have been closed down on account of unavoidable circumstances beyond the control of the employer within the meaning of the proviso to this sub-section (2) where any undertaking set-up for the construction of 35 buildings, bridges, roads, canals, dams or other construction works is closed down on aceount of the completion of the work within two years from the date on which the undertaking had been set-up, no workman employed therein shall be entitled to any compensation under clause (b) of section 25f, but if the construction work is not so completed within two years, he shall be entitled to notice and compensation under that section for every completed year of service or any part thereof in excess of six months, excluding therefrom the first two years of his' service in that undertaking" 4 the industrial disputes (amendment) ordinance, 1957 is repeal of hereby repealed ordinance 4 of i9s7 - - statement of objects and reasons- in a judgment delivered on the 27th november, 1956, the supreme court held that no retrenchment compensation was payable under section 25f of the industrial disputes act, 1947, to workmen whose services were terminated by an employer on a real and bona fide closure of business, or when termination occurred as a result of transfer of ownership from one employer to another since then, a number of under1lakings have closed down or put up notices of closure for one reason or another this has led and is likely to lead to a large number of workmen being rendered unemployed without any compensation in order to meet the situation which was causing har~- -c ship to workmen, it was considered necessary to take immediate action and the industrial disputes (amendment) ordinance, 1957 (4 of 1957), was promulgated with retrospective effect from 1st december, 1956 2 the ordinance provides that compensation would be payable to workmen whose services are terminated on account of the transfer or closure of undertakings in the case of transfer of an undertaking, however, if the workman is re-employed on terms and conditions which are not less favourable to him, he will not be entitled to any compensation this was the position which existed prior to the decision of the supreme court in the case of closure· of business on accoun't of circumstances beyond the control of the employer, the maximum compensation payable to workmen has been limited to his average pay for three months if the undertaking is engaged in any construction work and it is closed down within two years on account of the completion of its work, no compensation would be payable to workmen employed therein 3 this bill seeks to replace the ordinance by an act of parliament opportunity has been taken to amend the definition of "tribunal" as inserted by the industrial disputes (amendment and miscellaneous provisions) act, 1956 (36 of 1956) the amendment is merely formal and clarificatory g l nanda new di:lm; the 10th may, 1957 annexuredcfiditiodi extrac'l's nom the industrial disputes act, 1947 no 14 of 1947 - - - - 2 in this act, unless there is anything repugnant h the subject or context,-- - - - (,) "tribunal" means an industrial tribunal constituted under section 7a; - - - - special pro-25ff notwithstanding anything contained in section 25f, no v,iliod rell- workman shall be entitled to compensation under that section by tldg to workmen employ- reason merely of the fact that there has been a change bf employers cd!d under- in any case where the ownership or management of the undertaking ~!~:'are in which he is employed is transferred, whether by agreement or by transferred operation of law, from one employer to another: provided that-(a) the service of the workman lies not been interrupted by reason of the transfer; (b) the tenns and conditions of service applicable to the workman after such transfer are not in any way less favourable to the workman than those applicable to him immediately before the transfer; and (c) the employer to whom the ownership or management of the undertaking is so transferred is, under the terms of the transfer or otherwise, legally liable to pay to the workman, in the event of his retrenchment, compensation on the basis that his service has been continuous and has not been interrupted by the transfer glpnd-ls iii shift-2 m of law lok sabhaa bill further to amend the industrial disputes act, 1947 (shn' gulzarilal nanda, minister of labour & employment and planning) | Parliament_bills | dd91509a-3643-5c84-90a0-d0f409b4ec98 |
bill no xxxvii of 2015 the personal bankruptcy (declaration and rehabilitation) bill, 2015 a billto provide for mechanism through which a person unable to pay off debts can declare bankruptcy and subject himself to rehabilitation and for matters connected therewith and incidental thereto chapter i preliminarybe it enacted by parliament in the sixty-sixth year of the republic of india as follows:— 1 (1) this act may be called the personal bankruptcy (declaration and rehabilitation)act, 2015short title, extent and commencement(2) it extends to the whole of indiadefinitions2 in this act, unless the context otherwise requires,—(a) "appropriate government" means in the case of a state, the government of that state, and in other cases, the central government;5(b) "bankruptcy" means the legal status of an individual citizen who is unable to pay his creditors;(c) "creditor" means an individual, a bank, a non-banking financial intermediary or any such registered or non-registered institution that does the banking function of accepting deposits and lending money, to which a person owes money;(d) "debt" means an amount owed to a creditor for funds borrowed;10(e) "debtor" means an individual citizen who owes money to a creditor;(f) "defaulter" means any debtor who do not repay the debt despite adequate liquidity;(g) "prescribed" means prescribed by the rules made under this act;15(h) "secured creditor" means any creditor who has the legal right to take a specific property of the debtor and sell it in case of default in payment;(i) "tribunal" means the special bankruptcy tribunal established under section 3of this act;(j) "trustee" means an officer attached to a tribunal under section 5 of this act; chapter iiestablishment of tribunal20composition of the tribunal3 (1) the appropriate governments shall, by notification in the official gazette,establish a special bankruptcy tribunal with effect from such date as may be prescribed, attached to every district court for exercising the jurisdiction, power and authority conferred on such tribunals under this act (2) the tribunal shall consist of;25(a) a chairperson, appointed by the appropriate government, who has servedas judge of the hc for a period not less than five years; and(b) not less than three judicial members, appointed by the appropriate government, who have served as judicial officers for at least five years in civil court or district court of any state304 (1) the chairperson and the judicial members of the tribunal shall hold office fora term of five years and shall be eligible for re-appointment only onceterm salaries and allowances of members(2) the salaries and allowances payable to the chairperson and the judicial membersshall be such as may be prescribed by the appropriate government355 every tribunal shall have one trustee who shall take charge of the property of the debtor who has applied to be declared as bankrupt, attached to the tribunal and who shall reduce every property of the debtor to cash, except the properties listed as "exempt properties" in section 14 of this act, and distribute it to creditors within three months of such applicationtrustee to reduce property to cash and distribute among creditors6 the appropriate governments shall provide such number of officers and staff to assist the tribunal in such manner as may be prescribed40appointment of other officers to the tribunal7 the appropriate governments may, in consultation with the chairpersons of the tribunal, make rules regulating the practices and procedures of the tribunal;appropriate government to make rules chapter iii declaring bankruptcy| 8 | a debtor under the purview of this act, can not file for bankruptcy if; ||------------------------------------------------------------------------------------------|----------------------------------------------------------------------------|| declaration | || of | || bankruptcy | || by a debtor | || 5 | || ( | i || his creditors; | || ( | ii || fradulent preference, under this act or any other enactment for the time being in force, | || if he were to be adjudged an insolvent; | || 10 | || ( | iii || the territories to which the respective act extends or departs from his dwelling house | || or usual place of business or otherwise absent himself or if the debtor secludes | || himself so as to deprive his creditors of the means of communicating with him; | || ( | iv || about to suspend, payment of his debts; or | || 15 | || ( | v |9 a debtor shall be entitled to file a bankruptcy petition if,—entitlement for filing bankruptcy(i) he is a non-wilful defaulter; (ii) his debts amount to rupees 10,000 or more; or (iii) he is under arrest or imprisonment for payment of money; or (iv) an order of attachment has been made against his property2010 a debtor, entitled to file a bankruptcy petition, shall do so before the special bankruptcy tribunal of the district where he residespetition to be filed in appropriate jurisdictioncontents of the petition11 each bankruptcy petition shall be in writing, duly signed and verified in the manner as may be prescribed and each petition shall contain:25(i) a statement that the debtor is unable to pay his debts; (ii) the place where he ordinarily resides or carries on business or personallyworks, or, if he has been arrested or imprisoned, the place where he is in custody;(iii) the court order under which he has been arrested or imprisoned, or an orderwhich has been made for the attachment of his property;30(iv) the amount and particulars of all pecuniary claims against him, togetherwith the names and residences of his creditors;(v) the amount and particulars of his property, a specification of the value of allsuch property not consisting of money, the place or places at which any such property is located ; and35(vi) a statement whether the debtor has on any previous occasion filed a petition to be adjudged an insolvent and in that case—(a) if such petition has been dismissed, the reasons for such dismissal, or(b) if the debtor has been adjudged an insolvent, concise particulars of the insolvency, including a statement whether any previous adjudication has been annulled and, if so, the grounds therefore4012 (1) a creditor shall file a bankruptcy petition against his debtor, only if he is of the opinion that the debtor is a wilful defaulter;creditor to file bankruptcy petition(2) every bankruptcy petition presented by a creditor or creditors shall set forth the full particulars of the debtor and shall also specify,—(i) the act of insolvency committed by such debtor, together with the date of its commission;5(ii) the amount and particulars of his or their pecuniary claim or claims against such debtor however, provided no ]bankruptey petition shall be filed against corporations, joint ventures, companies or partnerships under this act;5 of 190810(3) the procedure laid down in the code of civil procedure, 1908 with respect to the admission of complaints, shall so far as it is applicable, be followed in the case of bankruptcy petitions;(4) no petition, whether presented by a debtor or a creditor, shall be withdrawn without the leave of the court chapter iv15 procedure at the tribunal13 (1) subject to the conditions specified in this act, once a creditor or debtor files a petition of bankruptcy after following the procedures laid down in this act, the tribunal may issue an order adjudging bankruptcy of the debtorprocedure for adjudging bankruptcy of debtor20(2) the tribunal shall fix a date for hearing of the petition after receiving a bankruptcy petition, such that the notice of such an order, fixing the date of hearing shall be served to the debtor as well as the creditors;(3) on the day fixed for the hearing of the petition or on any other day to which the hearing is postponed, the debtor or creditor shall prove before the tribunal that he is entitled to file the petition:25(a) where the debtor is the petitioner, he shall furnish such documents to prove that he is a non-wilful defaulter;(b) where the creditor is the petitioner, he shall furnish such documents to prove that the debtor is a wilful defaulter30(4) the tribunal shall, if deemed necessary and sufficient cause shown, grant time to the debtor or creditor to produce further evidence on the case;(5) the tribunal shall dismiss the petition, after due examination of the documents and other evidences, if in the case of the petition being filed by:(a) a debtor, and the tribunal is not satisfied that he is not a non-wilful defaulter;35(b) a creditor, if the tribunal is not satisfied that the debtor is not a wilful defaulter; (6) the tribunal shall order an enquiry to be conducted to establish that the current monthly income of the debtor is not higher than a desired limit as decided by the tribunal, given that such income is not above the median income of the state where the debtor resides;40(7) if the petition, after due examination of evidence, is accepted, then the tribunal shall issue an order of bankruptcy adjudging the debtor as bankrupt, and the copy of such an order shall be served both on the debtor and the creditor/creditors14 once the order is made, the tribunal shall entrust the properties, if any, of the debtor, with the trustee of the tribunal, except the exempt properties which include:45(a) the house of the debtor;(b) the area where the house is built;power to entrust property with trustee and list of exempt properties(c) the essential utilities and utensils required for the house, as prescribed in the rules made under this act; and(d) the essential instruments to continue his work/job in the case of debtors who are farmers, carpenters and the like5responsibility of trustee to liquidate properties15 the trustee shall be responsible to liquidate the propertise to money, in themanner as may be prescribed, and distribute the money to the creditors in such order of preference, fully secured creditors, partly secured creditors to the extent they are secured, realization expenses and remuneration of the trustee, preferential creditors and unsecured creditors:10provided that nothing in this section shall affect the power of any secured creditor torealise his security, in the manner as he would have been entitled otherwisecertificate of discharge16 (1) if after the distribution is completed, the debtor is required to obtain a certificate of dischrage from the tribunal, such that, the tribunal, for the issue of such a certificate, shall be convinced that the default in payments by the debtor was not wilful and the conduct of the debtor has been satisfactory during the tribunal proceedings;15(2) on obtaining the certificate of discharge, the unpaid debts are cancelled and the debtor is liberated from the demands of his creditors;(3) the time taken from the filing of the petition to the issue of the certificate of discharge shall not be more than 3 months:20provided that if the tribunal has reasons to believe that the procedure of liquidatingthe properties of the debtor should take more time, on the request of the trustee, the tribunal shall grant an additional time not exceeding one month for the completion of all procedures(4) the certificate of discharge, shall not be release to the debtor from;(a) any debt due to the government;25(b) any debt or liability incurred by any means of fraud or fraudulent breach oftrust to which be is party;(c) any debt or liability in respect of which he was obtained forbearance by any fraud to which he was a party; or2 of 1974(d) any liability under an order for maintenance made under section 125 of the code of criminal procedure 197330 chapter v rehabilitationprotection to debtor and kin17 after the issue of the order of bankruptcy, the debtor, his immediate relatives and his properties shall be protected from all coercive methods, physical and emotional, of the creditors or anyone intermediately thereof;35bankruptcy rehabilitation fund18 the appropriate government shall constitute a bankruptcy rehabilitation fund as may be prescribed made under this act to help revive declared bankrupts, within a year of enactment of this act, and ensure that;40(i) every person who is declared bankrupt by the tribunal by order of bankruptcy, shall be provided with the minimum social benefits by the appropriate government; and(ii) the debtor, if the tribunal feels necessary, shall be recommended to be given loan from the bankruptcy rehabilitation fund of the appropriate government, at an interest rate as may be prescribed by the tribunal4519 (1) a debtor, who is declared bankrupt with no properties except his house to pay off debts, shall be required to submit a proposal outlining his plan to pay off the debts,plan to pay off debt in case of no properties except exempt properties(i) the plan may be submitted to the tribunal within 3 months of him beingdeclared bankrupt; and(ii) the plan shall pay off debts within a time period of 3 years or as deemed right by the tribunal;(iii) the tribunal, if satisfied with the proposal, shall allow an extension of the said time period, to issue his certificate of discharge;5(2) if the debtor is a farmer and declared bankrupt, an extension of at least two years shall be given to the farmer to pay off his debts and issue his certificate of discharge:provided that the default in payment of a debtor is caused by natural calamities, the tribunal shall recommend the creditors for a moratorium for the payments of the debtor chapter vi10 civil record and penalty20 after issue of the order of bankruptcy by the trinbunal, the record of bankruptcy shall remain on the debtors credit record and civil record till the next seven years along with the certificate of discharge if issued under section 16record of bankruptcy in civil and credit record1521 whoever make any mis-representation in the statement of bankruptcy in the credit or civil record shall be punished with imprisonment for one month and also with fine which may extend to ten lakh rupees:provided that all sums realised by way of fines shall be credited in the bankruptcy rehabilitation fundmisrepresentation of statement of bankruptcy or other records as a purnishable offence chapter vii20 miscellaneousrepeal and saving3 of 1909 5 of 192022 (1) the presidency-towns insolvency act, 1909 and the provincial insolvency act, 1920 are hereby repealed25(2) the repeal by this act of any enactment shall not affect any act in which such enactment has been applied, incorporated or referred to and this act shall not affect the validity, invalidity, effect or consequences of anything already done or suffered, or any right, title, obligation or liability already acquired, accrued or incurred, or any remedy or proceeding in respect thereof, or any release or discharge of or from any debt, penalty, obligation, liability, claim or demand, or any indemnity already granted, or the proof of any past act or thing;3023 the central government will from time to time, provide, after due appropriation made by the parliament by law in this behalf, requisite funds for crrying out the purposes of this actcentral government to provide funds power to remove difficulty24 if any difficulty arises in giving effect to the provisions of this act, the appropriate government may make such order or give such direction, not inconsistent with the provisions of this act, as appears to it to be necessary or expedient for the removal of any difficulty35power to make rules25 the appropriate government, may be notification in the official gazette, makerules for carrying out the provisions of this act statement of objects and reasonsindia's ranking fell from 109 to 132 among 185 economies in 2012 when it comes to ease of resolving insolvency issues according to the world bank personal bankruptcy laws help people who are no longer in a position to pay off their debts and are distressed due to coercive methods used by creditors, thus unable to make a fresh start the personal bankruptcy framework in india is weak and barely has provisions for any statutes, apart from the few passed almost over a century ago, during the british regime, namely, the provincial insolvency act, 1920 and the presidency towns insolvency act, 1909 the bill repeals the two archaic lawsin the context of massive growth of different types of loans, credit card usage and the like, the law should also be progressive and effective bankruptcy and insolvency is specified in the entry 9 of the concurrent list of the seventh schedule of the constitution of india the centre as well as the state government have the power to legislative on the same and both share responsibility to take to task the matter of bankruptcy the bill is an attempt to make a comprehensive legislation regarding personal bankruptcy it vests upon the appropriate government to establish special tribunals to admit petitions of bankruptcy and issue notices to hear cases of personal bankruptcythe bill lays down the guidelines for functioning of the tribunal as well as safeguards to rehabilitate debtors and make for a transparent, expeditious and just procedure for settling debt there are separate provisions for farmers who are debtors, in which case, the legislation is comparatively liberal with regard to the allocation of time the record of bankruptcy will be present in the civil and credit record of the person for a period of 7 years from the date of issue of the order of bankruptcy by the tribunal along with the certificate of dischargethe bill also provides for a bankruptcy rehabilitation fund for the revival of those declared bankrupt along with imposing penalty in the form of fine or imprisonment, or both in the event of misrepresentation of the statement of bankruptcy in the civil and credit record of any person the remuneration earned thereof would be deposited in the bankruptcy rehabilitation fundhence this billvivek gupta financial memorandumclause 3 of this bill requires the central government to set up special tribunals to hear cases of personal bankruptcy clause 18 of the bill provides for the establishment of a bankruptcy rehabilitation fund by the central government therefore, the bill, if enacted, will involve a non-recurring expenditure towards establishing tribunals and the rehabilitation fund of around one hundred crore rupeesthe bill will also involve a recurring expenditure towards the salaries of those serving at the tribunal and for maintenance of records and proceedings amounting to ten crore rupees annually clause 23 of the bill makes it obligatory for the central government to provide requisite funds for carrying out the purposes of this bill the bill, if enacted will involve therefore expenditure from the consolidated fund of india which as of we can not be precisely estimated memorandum regarding delegated legislationclause 25 of this bill gives power to the appropriate government to make necessary rules for carrying out the purposes of the bill the rules will relate to matters of details onlythe delegation of legislative power is of normal character———— a billto provide for mechanism through which a person unable to pay off debts can declare bankruptcy and subject himself to rehabilitation and for matters connected therewith and incidental thereto————(shri vivek gupta, mp)gmgipmrnd—2153rs(s3)—07-08-2015 | Parliament_bills | c89273c5-b7ac-5b39-9cdb-e71a8a559617 |
bill no 81 of 2019 the jammu and kashmir reservation (amendment) bill, 2019 a billfurther to amend the jammu and kashmir reservation act, 2004be it enacted by parliament in the seventieth year of the republic of india as follows:—short title and commencement1 (1) this act may be called the jammu and kashmir reservation (amendment)act, 20195(2) it shall be deemed to have come into force on the 1st day of march, 2019amendment of section 2xiv of 20042 in section 2 of the jammu and kashmir reservation act, 2004 (hereinafter referred to as the principal act), in clause (o),—(a) for sub-clause (ii), the following sub-clause shall be substituted, namely:—"(ii) the persons residing in the area adjoining actual line of control and international border; and";(b) in second proviso, in clause (ix), in the proviso, for the words "actual line of control", the words "actual line of control or international border" shall be substitutedamendment of section 353 in section 3 of the principal act, in sub-section (2), for the words "line of actual control", the words "actual line of control or international border" shall be substitutedrepeal and savingsord 8 of 20194 (1) the jammu and kashmir reservation (amendment) ordinance, 2019 is hereby repealed(2) notwithstanding such repeal, anything done or any action taken under the said ordinance shall be deemed to have been done or taken under this act statement of objects and reasonsthe jammu and kashmir reservation act, 2004 (the act) and the rules made thereunder provide for reservation for different categories of beneficiaries including persons living in areas adjoining the actual line of control but the benefit of reservation was not available or extended to the persons residing in the areas adjoining the international border2 due to continuous cross border tensions, persons living along the international border suffer from socio-economic and educational backwardness this situation often compels departure of these residents to other safer places thereby having an adverse impact on their economic condition and educational status therefore, there was a persistent demand from persons residing in the areas adjoining the international border to bring them within the ambit of the said act and bring them at par with the persons living in areas adjoining the actual line of control3 the president of india issued a proclamation vide no gsr 1223(e), dated the19th december, 2018 under article 356 of the constitution in relation to the state of jammu and kashmir declaring thereby that the powers of the legislature of the state of jammu and kashmir shall be exercisable by or under the authority of the parliament in view of the urgency to provide the benefits of reservation to the persons living in areas adjoining international border at par with persons living in areas adjoining actual line of control, it had become necessary to amend the act4 the jammu and kashmir reservation (amendment) bill, 2019 which seeks to replace the jammu and kashmir reservation (amendment) ordinance, 2019 shall meet the long pending demand of the people residing in the areas adjoining international border for their overall socio-economic and educational development it will enable a large number of people residing in the areas adjoining international border to reap the benefits of reservation as available to persons residing in the areas adjoining the actual line of control5 as the parliament was not in session and an urgent legislation was required to be made, the president promulgated the jammu and kashmir reservation (amendment) ordinance, 2019 under clause (1) of article 123 of the constitution6 the bill seeks to replace the said ordinanceamit shahnew delhi;the 15th june, 2019statement under rule 66(1) and 71(1) of the rules of procedure and conduct of business in rajya sabha/lok sabha explaining the circumstances which necessitated immediate legislation by promulgation of the jammu and kashmir reservation (amendment) ordinance, 2019the jammu and kashmir reservation act, 2004 and the rules framed thereunder provide for vertical reservation in direct recruitment, promotions and admission in different professional courses to various categories, namely the scheduled castes, the scheduled tribes, the socially and educationally backward classes (residents of backward area, residents of areas adjoining actual line of control and the weak and under privileged classes)2 besides, horizontal reservation is also extended to the ex-serviceman and physically challenged persons similarly, reservation is available to the children of defense personnel, para-military forces, state police personnel and candidates possessing outstanding proficiency in sports for admission in various professional courses3 as per the rules made under the said act, 3 per cent reservation is also extended to the persons residing in the areas adjoining actual line of control however, the said reservation is not presently available/extended to the persons residing in the areas adjoining international border4 due to continuous cross border tensions, persons living alongside international border suffer from socio-economic and educational backwardness shelling from across the border often compels these residents to move to safer places and is adversely impacting their education as educational institutions remain closed for long periods further, there is a persistent demand from the persons residing in the areas adjoining international border to bring them within the ambit of the said act at par with persons living in areas adjoining actual line of control5 the said demand was examined by the state government in consultation with jammu and kashmir state commission for backward classes and the commission recommended for granting reservation to the persons residing in the area falling within six kms from the international border the recommendation was also approved by the state administrative council thereafter, the government of jammu and kashmir sent the proposal to the ministry of home affairs for consideration in view of the fact that the state of jammu and kashmir has been brought under president's rule by issuing a proclamation vide no 1223(e) dated 19th december, 2018 under article 356 of the constitution6 in order to provide the benefits of reservation to the persons living in areas adjoining international border at par with persons living in areas adjoining actual line of control immediately and as the parliament was not in session, the president promulgated the "jammu and kashmir reservation (amendment) ordinance, 2019" on the 1st day of march, 2019 annexure extracts from the jammu and kashmir reservation act, 2004 (xiv of 2004) definitions2 in this act, unless the context otherwise requires,— (o) "socially and educationally backward classes" mean— (ii) the persons residing in the area adjoining actual line of control; and (ix) any person whose annual income from all sources, determined in the prescribed manner, exceeds rupees eight lacs or such amount as may be notified by the government from time to time in accordance with the prescribed norms:provided that the income ceiling shall not apply to a person who has lived and completed entire school education from an area identified as backward or actual line of control, as the case may be, and in case such schooling is not available in such area, from the nearest adjoining area; chapter ii reservation in appointment by direct recruitment3 (1) reservation in appointment(2) notwithstanding anything to the contrary contained in any law for the time being in force, any person appointed against any available vacancy on the basis of his being a resident of backward area or an area adjoining line of actual control shall serve in such areas for a period of not less than seven years:provided that in case the post against which he has been appointed is not available in such area, he shall be posted in the nearest adjacent backward area lok sabha——— a bill further to amend the jammu and kashmir reservation act, 2004———(shri amit shah, minister of home affairs) | Parliament_bills | 8a04da9b-daa9-52e8-a46c-14bb15f51f57 |
bill no 46 of 2009 the constitution (amendment) bill, 2009 by shri kc singh baba, mp a billfurther to amend the constitution of indiabe it enacted by parliament in the sixtieth year of the republic of india as follows:—short title amendment of article 51a2 in article 51a of the constitution, after clause (k), the following clause shall be added, namely:—5"(l) to cast vote at elections to the house of the people, legislative assemblies of states and local bodies" statement of objects and reasonsdemocracy is considered to be the best of all types of governance and voting is an instrument to ensure democracy "majority is always right" is the guiding principle of this form of governance every democratic system is based on the participation of the citizens, who are the real soul of democracy they give legitimacy to this system therefore, high turnout during elections is desirable india is the largest democracy in the world however, it has been observed during general elections in the recent past that the number of actual voters casting votes is far less than the eligible voters it is a disturbing trend and is an obstacle in establishing sound democratic system in the country there have been efforts in the past to increase voter turnout and encourage voting at elections but desired results have not been achievedit is, therefore, necessary that a duty is cast upon every citizen to exercise his franchise during elections the bill seeks to amend the constitution with a view to make it fundamental duty of every eligible voter to cast vote at elections to the house of the people, legislative assemblies of states and local bodieshence this billnew delhi;kc singh 'baba'june 22, 2009 annexure extract from the constitution of india part iv-a fundamental duties 51-a it shall be the duty of every citizen of india—fundamental duties(a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) who is a parent or guardian to provide opportunities for education to his child or, as the case may be, ward between the age of six and fourteen years lok sabha————— a billfurther to amend the constitution of india—————(shri k c singh 'baba', mp)gmgipmrnd—2629ls(s5)—08-07-2009 | Parliament_bills | cbdb7dfd-880d-5f70-936d-ccbf5c305ea5 |
------'- the appropriation (no5) bill 1981 a billto authorise payment ~nd appropriation of oertain further sums from and out cyj the consolidated fund of india fen the services cyj the financial year 1981-82 be it enacted by parliament in the thirty-second year of the republic of india as follow8:-1 this act may be called the appropriation (no5) act, 1981 short title 2 from and out of the consolidated fund of inma there may be paid 5 and applied sums not exceeding those specifted in column 3 of the schedule amounting in the aggregate to the sum of four hundred and twenty crores, eighty-one lakhs and twelve thousanrl rupees towards defraying the several charges which will come in course of payment during the financial year 1981-82, in respect of the services spec'fied in column 2 of 10 the schedule issue of rs420,81, 12,000 out of the consoli, dated fund of india :fur the year 1981-82 appro, priation 3 the sums authorised to be paid and applied from and out of the consolidated fund of india by this act shall be appropriaterl for the services anct purposes expressed in the schedule in relation to the said year 'me schedule (see sections 2 and 3)total consolidated ri rs rs , 10,00,00,000 10,00,00,000 department 0( food 7 capital ! 10 ministry of civil supplies revenue i capital ' i textiles, handlooms and revenue handieraen capital i 5,50,000 ministry ofoonununicatiocs revenue 5,50 ,000 14 18 1,000 1,000 capital outlay on poau and tel~ph~ capital 1,000 1,000 capita! outlay on der~nce services capital departm~nt of pow~r ~o 146,00,000 14,gq,oo,ooo llo revenue capital 1,46,00,000 1499,00,000 50,000 revenue stamp i 50,000 i revenue i 5j,(>oo i currencv, coinage and mint 41 transfers to state governmenu (' pital , zoooo,oo,ooo ! qoo,oo,ooooo 25 i i other expenditure of the 42/, mini~try of finance capital 6(),ooo 60,000 45 medical and public health revenue 3~,76,ooo ! 35,76,000 30 48 1 cabinet revenue 55 andaman and nit:ob&r lliaoda revenue 8,00,000 i 8,00,000 59 induatriet 1,000 3,10,01,000 revenue capital 1,000 - 3,10,01,000 i 6,00,00,000 revenue 6,00,00,000 35 in information and publicity , i 2,56,000 revenue 61 j broadcaatiqc ii 1,56,ou,u(l0 21,56,00,000 cab industries capital 70 '\ pett'oleum and petrol chemi-1,000 1000 71 i chemica1a and pertilizers r ndustries capital 96 1 atomicl energy relurch, developm$:llt and i~ trial projects capital 10,:,4-11,000 '28~,ooo 98 'i department or fjcctronic~ revmue! capital, 1 ,0$48000 28,54000 8,000 103 i depat'tment of spa~ r~nue i 108 department of ocean development revenue 4,46,000 46•000 total 4110•81 ,111,00 ) 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 provirle 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 ann the grants made by the lok sabha for expenditure of the central government, excluding railways, for the financial year 1981-82 r venkataraman 'president's recommendation under article 117 of the constitution of india[copy of letter no f4(51)-b(se)/81, dated th:e 1st september, 1961 from shri r venkataraman, minister of finance to the secretary, lok sabh2] the president, having been informed of the subject matter of the proposed bill to authorise payment and appropriation of certain further ::rums from and out of the consolidated fund of india for the services of the financial year ending on the 31st day of march, 1982, recommends the introduction of the appropriation (no5) bill, 1981 in lok sabha and also recommends to lok sabha the consideration of the bill under article 117 (1) and (3) of the consti'tution read with art!cle 115(2) thereof 2 the bill will be introduced in lok sbha after all the supplementary demands for grants for 1981-82 have been voted a billto authorise payment and appropriation of certain further sums from and out the consolidated fund of india for the serviclell of the ftnancial year 1981-82 minister of finance) | Parliament_bills | f41fd163-ccb2-573d-be26-2c967b6138aa |
bill no 61 of 2013 the jharkhand appropriation (no 2) bill, 2013 a billto authorise payment and appropriation of certain further sums from and out of the consolidated fund of the state of jharkhand for the services of the financial year 2012-13 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 jharkhand appropriation (no 2) act, 20132 from and out of the consolidated fund of the state of jharkhand there mayamounting in the aggregate to the sum of four hundred forty-four crores, thirty-four lakhs, twenty-five thousand six hundred rupees towards defraying the several charges which will come in course of payment during the financial year 2012-13, in respect of the services specified in column 2 of the scheduleissue of rs444,34,25,600 from and out of the consolidated fund of the state of jharkhand for the financial year 2012-13 appropriationthe schedule(see sections 2 and 3)| 1 | 2 | 3 ||-----------------------------------|--------------------------------------------------|--------------|| sums not exceeding | | || no | | || of | | || vote/ | | || appro- | | || priation | | || services and purposes | voted | charged || by parliament | on the | total || consolidated | | || fund | | || 1 | agriculture and sugarcane development | || department | revenue | 13,02,50,000 || 2 | animal husbandry department revenue | 2,00,000 || 3 | building construction department revenue | 13,19,200 || 10 | energy department | revenue || capital | 141,00,00,000 | || 13 | interest payment | revenue || 16 | national savings revenue | 5,04,000 || 18 | food supply and consumer affairs department | revenue || 19 | forest and environment department | revenue || 20 | health, medical education and family welfare | || department | revenue | 8,83,00,000 || capital | 2,05,70,000 | || 22 | home department revenue | 9,34,28,000 || 23 | industry department | revenue || 25 | institutional finance and programme | || implementation department revenue | 1,00,000 | || 26 | labour, employment and training | || department | revenue | 15,84,15,200 || 28 | high court of jharkhand | revenue || 33 | personnel and administrative reforms revenue | 1,75,40,000 || 36 | drinking water and sanitation department | revenue || 40 | revenue and land reforms department | revenue || 41 | road construction department revenue | 1,21,46,500 || capital | 20,00,00,000 | || 43 | science and technology department | revenue || 44 | human resource development department revenue | 16,00,000 || 45 | information technology department | revenue || 48 | urban development department revenue | 95,00,000 || 49 | water resources department capital | 23,00,00,000 || 50 | minor irrigation department capital | 6,10,00,000 || 51 | welfare department | revenue || 53 | fishery | revenue || 54 | dairy revenue | 1,95,80,000 || 56 | panchayati raj and nrep (special divisional) | || department revenue | 4,00,000 | || 58 | secondary education revenue | 4,00,000 || t | | || o ta l | | || : | 428,78,25,600 | 15,56,00,000 || rs | rs | rs ||--------------------|---------------------|---------------| statement of objects and reasonsthis bill is introduced in pursuance of articles 204(1), 205 and 207 (1) of the constitution of india, read with the proclamation issued under article 356 of the constitution in respect of the state of jharkhand on the 18th january, 2013, to authorise payment and appropriation of certain further sums from and out of the consolidated fund of the state of jharkhand of the moneys required to meet the supplementary expenditure charged on the consolidated fund of the state of jharkhand and the grants made by the legislature for expenditure of the government of jharkhand for the financial year 2012-13p chidambaram ———— president's recommendation under article 207 of the constitution of india————[copy of letter no f 2(27)-b(s)/2012, dated 7th march, 2013 from shri p chidambaram, minister of finance to the secretary-general, lok sabha]the president, having been informed of the subject matter of the proposed bill to authorise payment and appropriation of certain further sums from and out of the consolidated fund of the state of jharkhand for the services of the financial year ending on the 31st day of march, 2013 recommends under clauses (1) and (3) of article 207 of the constitution read with clause (2) of article 205 thereof and the proclamation dated the 18th january, 2013 issued under article 356, the introduction of the jharkhand supplementary demands for grants in lok sabha and also the consideration of the bill————— abillto authorise payment and appropriation of certain further sums from and out of the consolidated fund of the state of jharkhand for the services of the financial year 2012-13————— | Parliament_bills | 378bfb8d-e455-5c2c-830a-d3b9eb49cec0 |
bill no 181 of 2019 the right to information (amendment) bill, 2019 a billto amend the right to information act, 2005be it enacted by parliament in the seventieth year of the republic of india as follows:—1 (1) this act may be called the right to information (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, appoint5amendment of section 1322 of 20052 in the right to information act, 2005 (hereinafter referred to as the principal act), in section 13,—(a) in sub-section (1), for the words "for a term of five years from the date on which he enters upon his office", the words "for such term as may be prescribed by the central government" shall be substituted;(b) in sub-section (2), for the words "for a term of five years from the date on which he enters upon his office", the words "for such term as may be prescribed by the central government" shall be substituted;(c) for sub-section (5), the following sub-section shall be substituted, namely:—5"(5) the salaries and allowances payable to and other terms and conditions of service of the chief information commissioner and the information commissioners shall be such as may be prescribed by the central government:10provided that the salaries, allowances and other conditions of service of the chief information commissioner or the information commissioners shall not be varied to their disadvantage after their appointment:15provided further that the chief information commissioner and the information commissioners appointed before the commencement of the right to information (amendment) act, 2019 shall continue to be governed by the provisions of this act and the rules made thereunder as if the right to information (amendment) act, 2019 had not come into force"3 in section 16 of the principal act,—amendment of section 16(a) in sub-section (1), for the words "for a term of five years from the date on which he enters upon his office", the words "for such term as may be prescribed by the central government" shall be substituted;20(b) in sub-section (2), for the words "for a term of five years from the date on which he enters upon his office", the words "for such term as may be prescribed by the central government" shall be substituted;(c) for sub-section (5), the following sub-section shall be substituted, namely:—25"(5) the salaries and allowances payable to and other terms and conditions of service of the state chief information commissioner and the state information commissioners shall be such as may be prescribed by the central government:provided that the salaries, allowances and other conditions of service of the state chief information commissioner and the state information commissioners shall not be varied to their disadvantage after their appointment:30provided further that the state chief information commissioner and the state information commissioners appointed before the commencement of the right to information (amendment) act, 2019 shall continue to be governed by the provisions of this act and the rules made thereunder as if the right to information (amendment) act, 2019 had not come into force"35amendment of section 274 in section 27 of the principal act, in sub-section (2), after clause (c), the following clauses shall be inserted, namely:—40"(ca) the term of office of the chief information commissioner and information commissioners under sub-sections (1) and (2) of section 13 and the state chief information commissioner and state information commissioners under sub-sections (1) and (2) of section 16;(cb) the salaries, allowances and other terms and conditions of service of the chief information commissioner and the information commissioners under sub-section (5) of section 13 and the state chief information commissioner and the state information commissioners under sub-section (5) of section 16;" statement of objects and reasonsthe right to information act, 2005 (the act) was enacted to provide for setting out the practical regime of right to information for citizens to secure access to information under the control of public authorities, in order to promote transparency and accountability in the working of every public authority, the constitution of a central information commission and state information commissions and for matters connected therewith or incidental thereto2 section 13 of the act provides for the term of office and conditions of service of the chief information commissioner and information commissioners it provides, inter alia, that the chief information commissioner and every information commissioner shall hold office for a term of five years or till they attain the age of sixty-five years, whichever is earlier, and shall not be eligible for reappointment it further provides that the salaries and allowances and other terms and conditions of service of the chief information commissioner and information commissioners shall be the same as that of the chief election commissioner and election commissioner, respectively similarly, section 16 of the act provides for the term of office and conditions of service of the state chief information commissioner and state information commissioners it provides, inter alia, that the state chief information commissioner and every state information commissioner shall hold office for a term of five years or till they attain the age of sixty-five years, whichever is earlier, and shall not be eligible for reappointment it provides that the salaries and allowances and other terms and conditions of service of the state chief information commissioner and state information commissioners shall be the same as that of the election commissioner and the chief secretary to the state government, respectively3 the salaries and allowances and other terms and conditions of service of the chief election commissioner and election commissioner are equal to a judge of the supreme court, therefore, the chief information commissioner, information commissioner and the state chief information commissioner becomes equivalent to a judge of the supreme court in terms of their salaries and allowances and other terms and conditions of service4 the functions being carried out by the election commission of india and the central and state information commissions are totally different the election commission is a constitutional body established by clause (1) of article 324 of the constitution and is responsible for the superintendence, direction and control of the preparation of the electoral rolls for, and the conduct of, all elections to parliament and to the legislature of every state and of elections to the offices of president and vice-president held under the constitution on the other hand, the central information commission and state information commissions are statutory bodies established under the provisions of the right to information act, 2005 therefore, the mandate of election commission of india and central and state information commissions are different hence, their status and service conditions need to be rationalised accordingly5 in view of the above, it is proposed to amend the right to information act, 2005 so as to provide that the term of office of, and the salaries, allowances and other terms and conditions of service of, the chief information commissioner and information commissioners and the state chief information commissioner and the state information commissioners, shall be such as may be prescribed by the central government6 the bill seeks to achieve the above objectivesnew delhi:the 15th july, 2019 memorandum regarding delegated legislationclause 4 of the bill proposes to amend section 27 of the act so as to enable the central government to prescribe by rules the term of office of, and the salaries and allowances and other terms and conditions of service of, the chief information commissioner, information commissioners, the state chief information commissioner and state information commissioners2 the matters in respect of which rules may be made under the proposed legislation are matters of procedure or administrative details and it is not practicable to provide for them in the bill itself the delegation of legislative power is, therefore, of a normal character annexure extracts from the right to information act, 2005 (22 of 2005) 13 (1) the chief information commissioner shall hold office for a term of five years from the date on which he enters upon his office and shall not be eligible for reappointment:term of office and conditions of serviceprovided that no chief information commissioner shall hold office as such after he has attained the age of sixty-five years(2) every information commissioner shall hold office for a term of five years from the date on which he enters upon his office or till he attains the age of sixty-five years, whichever is earlier, and shall not be eligible for reappointment as such information commissioner:provided that every information commissioner shall, on vacating his office under this sub-section be eligible for appointment as the chief information commissioner in the manner specified in sub-section (3) of section 12:provided further that where the information commissioner is appointed as the chief information commissioner, his term of office shall not be more than five years in aggregate as the information commissioner and the chief information commissioner (5) the salaries and allowances payable to and other terms and conditions of service of—(a) the chief information commissioner shall be the same as that of the chief election commissioner;(b) an information commissioner shall be the same as that of an election commissioner:provided that if the chief information commissioner or an information commissioner, at the time of his appointment is, in receipt of a pension, other than a disability or wound pension, in respect of any previous service under the government of india or under the government of a state, his salary in respect of the service as the chief information commissioner or an information commissioner shall be reduced by the amount of that pension including any portion of pension which was commuted and pension equivalent of other forms of retirement benefits excluding pension equivalent of retirement gratuity:provided further that if the chief information commissioner or an information commissioner if, at the time of his appointment is, in receipt of retirement benefits in respect of any previous service rendered in a corporation established by or under any central act or state act or a government company owned or controlled by the central government or the state government, his salary in respect of the service as the chief information commissioner or an information commissioner shall be reduced by the amount of pension equivalent to the retirement benefits:provided also that the salaries, allowances and other conditions of service of the chief information commissioner and the information commissioners shall not be varied to their disadvantage after their appointment term of office and conditions of service16 (1) the state chief information commissioner shall hold office for a term of five years from the date on which he enters upon his office and shall not be eligible for reappointment:provided that no state chief information commissioner shall hold office as such after he has attained the age of sixty-five years(2) every state information commissioner shall hold office for a term of five years from the date on which he enters upon his office or till he attains the age of sixty-five years, whichever is earlier, and shall not be eligible for reappointment as such state information commissioner:provided that every state information commissioner shall, on vacating his office under this subsection, be eligible for appointment as the state chief information commissioner in the manner specified in sub-section (3) of section 15: provided further that where the state information commissioner is appointed as the state chief information commissioner, his term of office shall not be more than five years in aggregate as the state information commissioner and the state chief information commissioner [10] m c(5) the salaries and allowances payable to and other terms and conditions of service of— (a) the state chief information commissioner shall be the same as that of an election commissioner;(b) the state information commissioner shall be the same as that of the chief secretary to the state government:provided that if the state chief information commissioner or a state information commissioner, at the time of his appointment is, in receipt of a pension, other than a disability or wound pension, in respect of any previous service under the government of india or under the government of a state, his salary in respect of the service as the state chief information commissioner or a state information commissioner shall be reduced by the amount of that pension including any portion of pension which was commuted and pension equivalent of other forms of retirement benefits excluding pension equivalent of retirement gratuity:provided further that where the state chief information commissioner or a state information commissioner if, at the time of his appointment is, in receipt of retirement benefits in respect of any previous service rendered in a corporation established by or under any central act or state act or a government company owned or controlled by the central government or the state government, his salary in respect of the service as the state chief information commissioner or the state information commissioner shall be reduced by the amount of pension equivalent to the retirement benefits:provided also that the salaries, allowances and other conditions of service of the state chief information commissioner and the state information commissioners shall not be varied to their disadvantage after their appointment ———— a billto amend the right to information act, 2005————(shri jitendra singh, minister of state for personnel, public grievances and pensions) | Parliament_bills | 75769649-98b7-5033-9b24-9b67499865fd |
bill no 85 of 1980 the requisitioning and acquisition of immovable property (amendment) bill, 19bo a bill further to amend the requisitioning and acquisition of immovable property act 1952 be it enacted by parliament in the thirty-first year of the republic of india as follows:-· i!' 1 (1) this act may be called the requisitioning and acquisition of short immovable property (amendment) act, 1980 title and com-5 (2) this act, except section 4 thereof, shall be deemed to have come menceinto force on the 7th day of march, 1980 ment 30 of 1952 z in section 6 of the requisitioning and acquisition of immovable amend-property act, 1952 (hereinafter referred to as 'the principal act), in subment of section (la), for the words "ten years", wherever they occur, the words section 8 10 "fifteen years" shall be substituted 3 in section 8 of the principal act, in sub-section (2a) ,-amendmentot section 8 (4) in clause (4), for sub-clause (ii), the following 8ub-clause shall be !!ubstituted, namely:-is "(ii) ~ondly with effect from the expiry of ft •• years, and thirdly with effect from the expiry of ten years, from sueh eomrmencement;"; (b) in clause (b), for sub-clau'ie (ii) , the following sub-clause shall be substituted, namely:- 'i(ii) secondly with effect from the date of expiry of five year!! and thirdly with effect from the date of expiry of ten years, from the date on which the revision made under iub-cwe (i) takes ef!eet;"; (c) for c'lause (c), the followinc clause sbaii be substituted, namely:- (c) in any other case,-5 " (i) first with effed from the date of expiry of five yean from the date on which possession of such property has been surrendered or delivered to, or taken by, the competent authority under sedioa 4, and (ii) secondly with effect from the date of expiry of five 10 years from the date on which the revision ~ sub-clause (i) takes effect" 4 in section 22 of the principal act for sub-section (3), the following sub-section shall be substituted, namely:-amendmentof section 22 "(3) every rule made under this act shall be laid, as soon as is 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 ·esslon or in two or more successive sessions, and if, before the e¥piry of the session immediately following tbesession· or the suceessive sessions aforesaid, both houses agree ,jn making any modi- 20 fication in the rule or both housesaicee 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~thitlgpreviously done under this act" 25 5 (1) the requisitioning and acquisition of immovable property (amendme'ftt) ordinance, 1980, is hereby teqe81ed 1 of 1980 repeal and saving (2) notwithstanding such repeal, anything done or any action taken under the principal act, as amended by the said ordinance, smil be deemed to have been done or taken under the principal act, as -amended by 30 ~ act according to the provisions of the req':lisitioning ano acqu~ition of immovable pr9perty act, 1952 as these existed immeciiately before the amendment of th~ act by ordinance no, 1 of 1980, all' tope propej!tl~, which were requisitioned prior to the amendnu:nt of 'the aforesaid act in 1970, were required to be released from requisition or acquired by the 10th of march, 1980 however, it was found that a large number of t~ese properties ·are required to be retained by the ,mijlistry of·def·~nce or by the miniatry of works and housing and otl1~r' minisuie~· beyond 10th march, 1980, for qublicpurposes in the case 01 ministry of defence, theirdiftlculties in either releasing or acquiring the requisitioned propetrt~which include :lmd are mainly due to strategic reasou ·an4 lack, of funds for acquiring the land now a phased programme ·ior aaqw;rg thesel properties within a period of three to five years is uncier contem plation·of that ministry similarly, in the case of ministry of works·and housiag, the need to continue the properties under· requisition· beyond the aforesaid date stems from the utter inadequacy of office pccommodation for various ministries/departments it was, therefore, decided to extend the maximum period for -which :?topel"ties could be lj'etained under requisition by apelim'of,five years 2 the amendment made in the parent act in 1975 provided for revision of recurring part of compensation in respect of' pr~ei'ties which were under requisition for a period of five years or more preceding the commencement of the aforesaid amendment in order to avoid hardship to the owners whose qroperties are under requisition it vias considered necessary to provide for one more revision of the above referred to part of the compensation 3 i!l the- oircumstanees stated above, the act was amellded through the rfk4uisltio1:'ing andc acquisition of immovable property (amendment) 0tdinance" 1980' (l·of 1980), so'as to extend the period for·whioh the properties could i ibe retained under requisition by five years and to provide for one-more reviaioil'jof the ~eauiting part/of oompensation 4 this bill see~ to replqce the af·:>resaid ordinance with a minor modification seeking' to substitute sub-section (3) of section 22 of the act by the provision recommended by the cofnmittee on subordinate legislation in relation to the laying of rules before parliament n~ dl!!tm; p c sethi 'l'he llth'maich,1980 president's recommendation,unnm article 117 of the constitution of india[copy of letter no 19016(z)i79-pol iv, dated the 14th march, 1980 from ~hri p c sethi, minister of works and housing to the secretary, lok sabha] thl' president, having been infonned of the subject matter of the requb:itioning & acquisition of immovable property (amendment) bill, 1980 ha~ recommended to lok sabha the consideration of the bill under article 117 (3) of the constitution ' clause 2 of the bill seeks to make certain amendments to 6ub-section (la) of section 6 of the requisitioning and acquisition of immovable pr~rty act, 1952, for extending the maximum period for which properties may be retained under requisition by a furtherperiod of five years 2 the aforesaid amendment will involve an additional expenditure in case of properties retained under requisition for the whole or any part of the additional period of five years, because compensation by way of recurring payment towards rent will have to be paid during such period it is not possible to estimate accurately the quantum of exqenditure towards payment of compensation a~ it will depend on the number of properties which may be retained under requisition during the extended period however, the annual liability (towards payment of compensation for requisitioned properties) under the act may be of the order of rs 180 lakhs 3 in section 8 of the princ~?bl act, sub-sections (2a) and (2b) were in<,ertpd by the requisitioning and acquisition of immovable property (amendment) act, 1975, to provide for revision of the amount of compensation, quinquennially according to these provisions, the smount of compensation payable for properties under requisition is to be revised in the manner indicated therein the extension of the period of retention of properties under requisition will result in another quinquennial revision of the corrv:?ensation and provision for such a revision has been made in clause 3 of the bill these provisions will involve an additional expenditure of a r~urring nature it is not possible to estimate such additional recurring exp:!nditure because the revised rates will be fixed by the competent a11thority keeping in view the circumstances prevailing at the time of such revision the amount of expenditure will also depend upon the periods for which different prcqerties may be retained and it is not possible to estimate at this stage as how long it would be necessary to keep different properties under requisition however, it is estimated that the annual additional liability on account of revision of recurring part of c'ompersation may be well over one crore rupees the land under requisition is mainly held by the ministry of defence who propose to acquire a large i;>ortion of it over the next five years it is estimated that the non-recurring liability on this account may be between 10 and 15 crore rupees with the derequisitioning of the existing 1>uudings and acquisition of land and buildings as planned by the government, the annual compensation payable· will come down immovable property (aimendment) ordinance, 1980section 22 of the requisitioning and acquisition of immovable property act, 1952 (30 of 1952) provides for the power to make rules and sub-section (3) thereof makes provision· for laying of rules before parliament an opportunity has been taken to substitute the said sub-section (3) by a new provision which has been recommended by the committee on subordinate legislation clause 4 of the bill reflecta the aforehid modification the bill does not involve any other deviation from the ordinance ~ - - - - - 6 u) - - - - - release from requisitioning ,(ta)~:nu""itimtaliding'arythjngtcortained in 'sub-netion' (1), the 'omtrill government shall ·release-·f·rom requi'sition,-'-(a) any property requisitioned or deemed to be requisitioned under this act before the commencement of the requisitioning and acquisition of immovable property (amendment) act, 1970, on or before the expiry of a period of ten years from such commencement; (b) any property requisitioned under this act after such commencemen t, on or before the exqiry of a period of ten years from the date on which possession ot such property was surrendoered or delivered to, or taken by, the competent authority under section 4, unless such property is acquired under section 7 within the period of ten years afox:esaid - - - - 8 (1) - - - - - (2a) the recurring payment, referred to in clause (a) of sub-section (2), in respect of any prcqerty shall, unless the property is sooner re-leased from requisition under section 6 or acquired under section 7, be revised in accordance with the provisions of sul>-iiection (2b)-prinei-pits and method of deter-mining compen-sation (a) in a case where such property has been subject to requisition under this act for the period of five years or a longer period im-mediately preceding the commencement of the requisitioning and acquisition of immovable property (amendment) act, 1975- - - (ii) again with effect from the expiry of five years from such commencement; (b) in a case where such property has been subject to requisi-tion under this act immediately before such commencement for a period shorter then five years and the maximwn period within wbicb such property shall, in accordance with the provisions of sub-sec-tion (la) of section 6, be released from requisition or acquired, ex-tends beyond five years from such-commencement,- - - - - - (ii) again with effect from tlil! date of expiry of a period of five years from the date on which the revision made under sub-clause (i) takes effect; (c) in any other case, with effect from the date of expiry of five years from the date on which possession of such property has been surrendered or delivered to, or taken by, the competent authority under section 4 - - - - - 22 (1) - - - - - power tomue rules, (3) all rules made under the provisions of this act shall be laid, a8 soon as may be, before parliament - - - - - a bill further to amend the requisitioning and acquisition of immovable property act, 1952 '(sari p c sethi, minute" c>t workl cmd houring) | Parliament_bills | 13cfa739-18e3-594b-8a4a-a3b6b306216f |
the farmers' right to guaranteed remunerative minimum support prices for agricultural commodities bill, 2018—————— arrangement of clauses——————clauses chapter i preliminary : definitions and interpretations1 short title, extent and commencemenrt 2 definitions chapter ii guaranteed remunerative minimum support prices for all agricultural commodities3 right of every farmer to guaranteed remunerative miniumum suport prices for allagricultural commodities4 comprehensive estimation of cost of production of all agricultural commodities 5 determination of guaranteed remunerative minimum support price 6 notifications of guaranteed remunerative minimum support price 7 power of state governments to notify bonus8 constitution of the central farmers' agricultural costs and remunerative price guaranteecommission9 term of the commission and conditions of service of the members10 powers and functions of the commission 11 transparent functioning and annual report to be laid before the parliament 12 accounts and audit13 constitutions of the state farmers' agricultural coasts and remunerative price guaranteecommission14 terms of the state commission and conditions of service of the members 15 powers and functions of the state commission 16 state compensation fundclauses chapter v implementation of guaranteed remunerative minimum support prices17 bar on auction or offer of price below guaranteed remunerative minimum supportprices18 obligation on the government to open procurement centres 19 timely and effective market intervention by state government 20 measures to regulate imports of agricultural commodities 21 other measures to prevent distress sales 22 investments on farmer producer organisations 23 measures to reduce and regulate input costs 24 designating and notifying the responsible public authorities 25 identification of real cultivators and ensuring that they benefit chapter vi offences and penalties26 offences and penalties under this act for traders 27 entitlement of farmers to compensation for not obtaining grmsp; entitlement of farmersto punitive compensation for delay in payment; block level grievance redressal committee and order for compensation to be paid to farmers through dbt28 offences and penalties under this act, for designated public servants and authorities chapter vii obligations of central and state governments29 obligation of central government to reserve, provide and spend adequate funds;obligation of state governments to reserve, provide and spend adequate funds chapter viii miscellaneous30 overriding effect of act 31 members and staff of commissions deemed to be public servants 32 power to remove difficulties 33 power to make rulesas introduced in the rajya sabhaon the 20th july, 2018 bill no xxii of 2018 the farmers' right to guaranteed remunerative minimum support prices for agricultural commodities bill, 2018 a billto confer right on all farmers to obtain guaranteed remunerative minimum supportprices with minimum fifty percent profit margin over comprehensive cost ofproduction, upon sale of agricultural commodities and for matters connectedtherewith or incidental theretowhereas safeguarding the right to livelihood is essential for the realization of right to life under article 21 of the constitution of india;and whereas article 38(2) of the constitution provides that the state shall, in particular, strive to minimize the inequalities in income and endeavour to eliminate inequalities in status, facilities and opportunities not only amongst individuals but also amongst groups of people residing in different areas or engaged in different vocations;and whereas article 39 (a) of the constitution provides that the state shall direct its policies towards securing that the citizens, men and women equally, have the right to an adequate means of livelihood;and whereas article 43 of the constitution of india provides that the state shall endeavour to secure, by suitable legislation or economic organization, or in any other way, to all workers, agricultural, industrial or therwise, work, a living wage, conditions of work ensuring a decent standard of life and full enjoyment of leisure, and social and cultural opportunities;and whereas farmers do not get adequate return of their investment and toil despite good production, and therefore their conditions is steadily deteriorating and many farmers are committing suicide every year;and whereas consumer interests have been justifiably protected through national food security act, 2013 and essential commodities act, 1955 so that adequate food is affordable and available for needy citizens and should continue to be so;and whereas the input costs in agriculture are increasing beyond the meager means of farmers;and whereas the price realized by farmers for their agricultural commodities is not providing sufficient returns above the cost of production to provide income even to sustain basic needs of the household;and whereas the national farmers commission had recommended a principle for remunerative prices, to be fixed with a minimum profit margin of at least fifty percent over and above the comprehensive cost of production;and whereas ensuring adequate returns in agriculture is essential to safeguarding the food security and food sovereignty of the nation, especially in the context of shrinking landholdings and decreasing livelihood opportunites;and whereas the government is obligated to prevent farmer suicides; and whereas in the seventh schedule to the constitution social security is listed at entry no 23 of list iii (concurrent list), the subject of trade and commerce in, and the production, supply and distribution of food stuffs, cattle fodder, raw cotton, raw jute at entry no 33 in list iii, the subject of price control is lited at entry no 34 in list iii and any refund payable for difference between prices realized in the market on production of receipts should be paid from any bank under negotiable instruments act is covered under banking which is listed at 45 of list i (union list);and whereas for the above reasons, it is essential to provide farmers with a right to guaranteed remunerative minimum support prices for all agricultural commodites;be it enacted by parliament in the sixty-ninth year of the republic of india as follows:— chapter i preliminary—definitions & interpretations51 (1) this act may be called the farmers' right to guaranteed remunerative minimum support prices for agricultural commodities act, 2018short title, extent and commencement(2) it extends to the whole of india (3) it shall come into force within one month of the enactment, with the central government issuing a notification in the official gazettedefinitions102 in this act, unless the context otherwise requires,—(a) "agricultural commodity" means all cereals, all millets, all pulses, all oilseeds, all fibre crops, all horticulture crops of fruits and vegetables, all specie crops, all tuber5crops, all medicinal plants, all varieties of milk, all minor forest produce, floriculture, grass, fodder grass and free produce, nursery produce, all plantation produce, all livestock and animal products like meat and mutton, eggs and poultry, all fishery produce like fish mussel, marine fish, freshwater aquatic produce, honey, silkworm cocoons, and all such other primary produce and agricultural commodity with all its cognate expressions;(b) "agricultural expert" includes a person by virtue of academic qualification or with proven work record and having at least 15 years practical or management experience in agriculture-related sectors;10(c) "central commission" means the central farmers' agricultural costs andremunerative price guarantee commission constituted under section 8;(d) "committee" means the block level grievance redressal committee constituted under section 28;(e) "cost of production" is the comprehensive cost as estimated under section 4;1520(f) "farmer" includes a person engaged in the economic and livelihood activity ofagriculture in terms of growing crops, or producing other primary agricultural commodities with or without land ownership, and shall also include all agricultural operational holdes, cultivators, agriculture labourers, sharecroppers, tenants, poultry and livestock rearers, fishers, beekeepers, pastoralists, non-corporate planters and planting labourers as well as forest-produce-gatherers, farmers groups, producer cooperative, or self-help groups doing cultivation on collectively owned or leased-in land and women farmers(g) "fund" means the state compensation fund to be maintained and administered by the state commission as per section 16;2530(h) "guaranteed remunerative minimum support price" means the price thatensures a minimum fifty per cent profit margin over and above the comprehensive cost of production of a given agricultural commodity as determined under section 5 and notified under section 6, to which shall be added the bonus announced by the state government wherein the comprehensive cost of production at the state level is covered with at least a fifty per cent profit margin over and above such cost of production; and in the case of standing (plantation) crops, as specifically determined by the central commission;(i) "appropriate government" means in the case of a state, the government of that state and in all other cases, the central government;3540(j) "market" means regulated markets, systems of procurement of agriculturalcommodities run by state procurement agencies, consumer/service cooperative, corporations as well as contract farming arrangements, formal or informal, that different entities have, for procuring agricultural commodities from farmers, including milk collection centers, and procurement centers opened by different public sector agencies and other market yards run by government agencies including panchayats and cooperatives and includes private markets;(k) "prescribed" means prescribed by rules made under this act; (l) "schedule" means the schedule appended to this act;45(m) "state commission" means the commissions set up at the state level as persection 13 of this act;(n) "trader" means any individual, or any other entity including soleproprietorship, a partnership firm, public sector or corporate entity, that purchases agrciultural commodities from farmers directly chapter ii guaranteed remunerative minimum support price for all agricultural commodities3 (1) every farmer, throughout india, shall be entitled to a "guaranteed remunerative minimum support price" as a right against sale of any agricultural commodity5(2) the appropriate government shall ensure purchase or procurement at or above the guaranteed remunerative minimum support price, utilizing mechanisms as specified in chapter vright of every farmer to guaranteed remunerative minimum support price for all agricultural commodities104 (1) the central government, through the central commission, shall institute robust, comprehensive and accurate system for estimation of comprehensive cost of production, as defined in the schedule for all agricultural commodities;comprehensive estimation of cost of production of all agricultural commodities15(2) the cost estimation shall be comprehensive and inclusive of all paid-out costs, as well as imputed costs including family labour at skilled wage rates applicable to the state or region, rental value of land, interest on assets and remuneration calculated for managerial functions performed by the farm household in addition to depreciation of assets and other components as listed in the schedule:provided that the calcualtions shall also take into account the period of each crop into consideration:20provided further that for those commodities where the system of cost estimation does not exist, the central government shall institute such systems that require data collection on a timely base:provided also that the yield data used to arrive at comprehensive cost of production shall be as per the schedule;25(3) the estimation of data, methodolgy, sampling, statistical analyses etc as specified in the schedule shall be periodically reviewed and corrections made and implemented by the central government5 the central commission shall recommend the grmsp to the central government by ensuring a profit margin of at least fifty per cent over the comprehensive cost of production estimated for each agricultural commodity based on the schedule:determination of guaranteed remunerative minimum support price30provided that additional incentives for particular commodities may be recommended by the central commission over and above the grmsp as per social and environmental policy imperatives6 as soon as may be, but within a month of the receipt of recommendation of the central commission, central government shall notify the guaranteed remunerative minimum support prices of all agricultural commodities as per the recommendations of the central commission:notification of guaranteed remunerative minimum support prices35provided that the guaranteed remunerative minimum support prices shall be notifiedby the central government on or before february 28th of every year for the ensuing kharif production season and on or before july 31st of every year for the ensuing rabi production season407 nothing shall preclude the state governments from notifying a bonus in additionto the guaranteed remunerative minimum support prices notified by the central government, within 15 days after receiving a recommendation from state commission:power of state government to notify bonusprovided that the additional cost of the bonus shall be borne by the state governmentconstitution of the central commission58 (1) the central government shall, by notification in the official gazette, constitute an autonomous body corporate to be known as the central farmers' agricultural costs and remunerative price guarantee commission for the purpose of exercising the powers and performing the functions under this act, and for recommending and implementing the guaranteed remunerative minimum support prices for all agricultural commodities;(2) the central commission shall consist of,—10(a) chairperson (full time), who shall be a farmer and well qualified and experienced in agricultural economics and conversant with various agricultural faculties;(b) members as follows :—15(i) five representatives of farmers, including representatives of farmers organisations and persons, including women, with proven record of having worked on farmers' issues and good knowledge of agricultural economy, representing as far as possible from the different regions of the india—nonofficial members;(ii) three agricultural experts—having requisite academic qualification in agricultural economics or any faculty incidental thereto, and with at least 15 years of experience in the field of expertise—non-official members;20(iii) an official not less than the rank of joint secretary, from the departmentof agriculture, co-operation & farmers welfare, ministry of agriculture and farmer's welfare—member;(iv) an official of ministry of agriculture, co-operation and farmers' welfareof rank not less than that of deputy secretary—member secretary25(c) one of the members shall be designated as vice chairperson so that proceedings are not affected in the absence of the chairperson for any reason30(3) the chairperson and members shall be nominated by the president of india on the recommendation of a selection committee consisting of (i) the prime minister who shall be the chairperson, (ii) the leader of opposition in lok sabha or the leader of the single largest group or party in opposition in lok sabha, (iii) the union cabinet minister for agriculture:35provided that such nominations shall take into consideration equitable regional representation from across the country, sectoral representation (cultivation, plantation, livestock, fisheries, agricultural labour, forest-produce-gathering) and gender, and social background (sc, st etc) especially for sub-section (2) (b) (i) and (ii) above, and on a rotational basis for representation of different states every time the central commission is re-constituted or vacancies filled(4) the central government shall ensure that no member including chairperson represents any conflict of interest pertaining to the discharge of their functions(5) the chairperson and the members of the central commission shall not be a sitting member of parliament or member of state legislature of any state or union territory, as the case may be, or hold any other office of profit;(6) the central government shall appoint such officers and staff members as may be necessary, to assist the central commission in such manner as may be prescribed(7) in the discharge of their duties, the member secretary and other officers and staff9 (1) the term of the central commission each time it is constituted shall be for five years;5(2) the process for re-constitution of the succeeding central commission shall be initiated a clear ten months before the expiry of the tenure of an existing central commission for smooth transition and for perpetual succession of the central commission:term of the central commission and conditions of service of the membersprovided that any of the members may be re-nominated to the succeeding central commission;10(3) the chairperson and the non-official members specified in section 8 shall not be removed from this office except after due enquiry made by a sitting judge of the high court of delhi and recommended as such to the president(4) a member may, by writing under his hand and addressed to the president resign his office at any time15(5) a vacancy arising by reason of resigning of any member of the central commission under sub-section (4) or otherwise shall be filled up in accordance with the provisions contained in section 8 of this act within six months' time:provided that the person so appointed shall hold office only for the remaining period of term of the person, in whose place he is appointed(6) the central government may remove any member, if he,—(a) is declared as undischarged insolvent or debtor:20(b) becomes incapable of continuing as such, due to physical or mental disability;(c) becomes of unsound mind and stands so declared by a court of competent jurisdiction;(d) has been convicted for an offence, which in the opinion of the central government involves moral turpitude or financial irregularities;25(e) has, in the opinion of the central government, abused his official position so as to render his continuance in office prejudicial to public interest: provided that in the case of the chairperson and non-official members, such removal shall be made only after due enquiry and recommendation made as specified in sub-section (3) above30(4) the central commission shall regulate its own procedure for the conduct of its business with principles of participation, transparency and equity incorporated, and shall also have periodic consultations organized with representatives of state commissions, state governments, and farmers' organisations across the country;(5) the salary and allowances, and the other conditions of service of the chairperson and members shall be such, as may be prescribed3510 (1) the central commission shall have all such powers as are necessary for achieving the objects of this act, and in particular;powers and functions of the central commission(a) to recommend guaranteed remunerative minimum support prices for all agricultural commodities, which provide a profit margin of at least fifty per cent over and above the comprehensive cost of production:40provided that such recommendations may include additional incentives for fulfilling social or environmental policy imperatives:provided further that the central commission may also take into consideration the recommendations of the state commissions while finalizing its recommendation to the central government:45provided also that the central government shall not notify grmsp below the recommendations of the central commission5(b) to recommended all other such measures that will assure a remunerative andstable price environment for farmers, including improvements in the storage and marketing infrastructure and procedures, as well as adequate and appropriate support to producer organisations;(c) to monitor the prices being realised by farmers for various agriculturalcommodities all over the country and send prompt advisories to all concerned agencies and departments for taking effective action;10(d) to recommended to the central government the regulation of cost ofagricultural inputs including seeds, fertilisers, pesticides, electricity, diesel, farm equipment etc15(2) it shall be mandatory for the central government to consult the central commission on all international trade agreements which affect agriculture directly or indirectly, and report to the central commission the reasons for not considering its comments or recommendations(3) the central commission shall submit its recommendations for guaranteed remunerative minimum support prices of all agricultural commodities for each year before 15th february for the upcoming kharif season of that year and before 15th july for the upcoming rabi season of that year2011 (1) the central commission shall publish all relevant information including thecost estimations, basis of guaranteed remunerative minimum support prices, market price trends and ensuing action or recommenations, minutes of its meetings or sittings and any other material on its website;publishing of information by central commissiond and annual report25(2) the central commission shall prepare an annual report of its functioning of that year under this act and the same shall be submitted to the central government in such form on or before such date as may be prescribed;(3) the annual report submitted to the central government under sub-section (2)above shall be laid before both the houses of parliament as soon as may be and certainly in the ensuing session of the parliament, after the same is received by the central government30accounts and audit12 (1) the central commission shall maintain proper accounts and other relevantrecords and prepare annual statements of accounts, in such form as may be prescribed;(2) the accounts of the central commission shall be audited annually and the audited report shall be placed before each house of parliament, along with the annual report by the central government354013 (1) the every state government shall, within six months after the commencement of this act, by notification in the official gazette, constitute an autonomous body corporate to be known as the state farmers' agricultural costs and remunerative price guarantee commission for the purpose of exercising the powers and performing the functions under this act, and recommending and implementing the guaranteed remunerative minimum support prices for all agricultural commodities in the respective state;(2) the state commission shall consist of:45(a) chairperson (fulltime), who shall be a farmer and well qualified and experienced in agricultural economics and conversant with various agricultural faculties;(b) members as follows,—(i) five representatives of farmers, including representatives of farmers'organisations and persons, including women, with proven record of having worked on farmers' issues representing different regions of the state— non-official members;(ii) one agriculture expert or research scientist having track record in agriculture , agro-economics, and highly qualified in agri-science faculties, with at least 15 years of experience in the field of expertise—non-official member;5(iii) four officials from the department of agriculture/ horticulture/ animal husbandry/ fisheries recommended by director of agriculture/ horticulture/ animal husbandry/ fisheries or equivalent—member;10 (iv) one official member of department of agricultural marketing (or the equivalent department as exists in the given state)— member secretary (c) one of the members shall be designated as vice-chairperson so that proceedings are not affected in the absence of the chairperson for any reason15(3) the chairperson and members shall be nominated by the governor of a state based on the recommendation of a selection committee consisting of the (i) chief minister of the state who shall be the chairperson, (ii) leader of opposition in the state assembly or the leader of the single largest group or party in opposition in the state assembly, (iii) the minister for agriculture of the state:20provided that such nominations shall take into consideration equitable regional representation from across the state, sectoral representation and gender, and social background (sc, st etc) for sub-section (2) above, and on a rotational basis for representation of different regions within a state every time the state commission is re-constituted or vacancies filled(4) the state government shall ensure that no member including chairperson represents any conflict of interest pertaining to the discharge of their functions25(5) the state government shall appoint as many officers and staff members as may be necessary, to assist the state commission in such manner as may be prescribed(6) in discharge of their duties, the member secretary and other officers and staff referred to in sub-section (6) shall be subject to the administrative control of the state commission represented by the chairperson3014 (1) the term of the state commission shall be five years the process for re-constitution of the succeeding state commission shall be initiated by the state government at least ten months before the end of the tenure of an ongoing state commission:provided that, the state government may extend the term of an existing state commission, if deemed necessary;term of the state commission and conditions of service of the members35(2) the chairperson and the non-official members specified in section 13 shall not be removed from his office except after due enquiry made by the sitting judge of the state high court and recommended as such to the state government;(3) a member may, by writing under his hand and addressed to the state government, resign his office at any time40(4) a vacancy arising by reason of resignation of any member of the state commission under sub-section (3) above or otherwise shall be filled up in accordance with the provisions contained in section 13 of this act:provided that the person so appointed shall hold office only for the remaining period of term of the person in whose place he is appointed45(5) the state government may remove any member, if he—(a) is declared as un-discharged insolvent or debtor;(b) becomes incapable of continuing as such, due to physical or mental disability;(c) becomes of unsound mind and stands so declared by a court of competent jurisdiction;5(d) has been convicted for an offence, which in the opinion of the state government involves moral turpitude or financial irregularities;(e) has, in the opinion of the state government, abused his official position so as to render his continuance in office prejudicial to public interest:10provided that in the case of chairperson and non-official members such removal shall be made only after due enquiry and recommendation made as specified in sub-section (2) above (6) the state commission shall regulate its own procedure for the conduct of its business based on principles of participation, transparency and equity, and shall include periodic consultations with representatives of farmers' organisations from various regions of the state representing different sectoral interests15(7) the salary and allowances, and the other conditions of service of the chairperson and members shall be such as may be prescribed(8) the headquarters of the state commission shall be at the capital of the state20(9) the chairperson and the members of the state commission shall not be a mamber of parliament or member of state legislature of any state or union territory, as the case may be, or hold any office of profit15 (1) the state commission shall have all such powers as are necessary for achieving the objects of this act, and in particular,—powers and functions of the state commission25(a) to recommend to the central commission the guaranteed remunerativeminimum support prices of all agriculture commodities from state for each year, having regard to the factors mentioned in the schedule, ensuring that such recommendation is made before 31st january for the upcoming kharif season and before 30th june for the upcoming rabi season;30(b) to recommend to the respective state government higher prices that shall befixed as the state level guaranteed remunerative minimum support prices (sgrmsp) which includes a bonus as specified in section 7 that shall be applicable only within that state, over and above the grmsp notified by the central government:35provided that such a recommendation shall take into account a minimum fifty percent profit margin over any higher cost of production in the state, and other policy considerations of incentivising particular crops and commodities for balanced and sustainable agricultural growth and for this purpose the state commission shall ensure that it recommends grmsps for those agricultural commodities which might have been left out by the central commission for any reason;40(c) to monitor the price situation in various markets on a regular basis and to send advisories based on such monitoring, for appropriate action to be taken, and oversee the implementation of such advisories by the state government for their efficacy(d) to inquire into failures to discharge duties, on particular public servants and authorities as well as contract farming cases, and recommend penalties to be imposed as per section 28 of this act45(e) to send recommendations to the central commission on related matters fromthe state;(f) to maintain a fund as per section 16, for paying compensation to farmers, as ordered by the block level committee, for non-receipt of grmsp or delayed payment for sale as specified in section 27;5(g) to recommend to the state government regulation of cost of all agricultural inputs including seeds, fertilisers, pesticides, electricity, diesel, farm equipment etc (2) the state commission shall publish all relevant information including its cost estimations, basis for bonus recommendations, market price trends and ensuing action or recommendations, inquiry reports as per sub-section (1) above, minutes of its meetings or sittings and any other material on its website;10(3) the state government shall prepare an annual report of its functioning of that year under this act and the same shall be submitted to the state government in such form on or before such date as may be prescribed:provided that the annual report submitted to the state government by the state commission shall be laid before the state legislature as soon as may be and certainly in the ensuing session of the legislature, after the same is received by the state government15(4) the state commission shall maintain proper accounts and other relevant records and prepare annual statement of accounts in such form as may be prescribed;(5) the accounts of the state commission shall be audited annually and the audited report shall be placed before the state legislature, along with the annual report20state compensation fund16 the state commissions shall constitute and maintain a fund to be known as the state compensation fund, which shall receive allocations from the central government and the moneys imposed as fines and penalties for offences under the act, shall be credited to the fund:provided that the fund shall be utilized for compensation payments to farmers as required, as specified under section 2725 chapter v implementation of guaranteed remunerative minimum support prices3017 (1) in all agricultural markets of different forms, including agriculture produce market committee markets throughout the country, the auction or offer price for every agricultural commodity shall begin with the guaranteed remunerative minimum support prices as the floor price and no auction shall be allowed below the said price;bar on auction or offer of price below guarnteed remunerative minimum support prices3540(2) any agreement entered into orally or by any other means, between purchaser traders or commission agents that directly or indirectly results in bid rigging or collusive bidding, that limits, controls or attempts to control the sale or price of or trade in agriculture commodities or provision of services in the market or outside market with intent to suppress the prices, shall be presumed to have an appreciable adverse effect on guaranteed remunerative minimum support prices and any such agreement is prohibited and shall be liable for penalties mentioned in section 26, including cancellation of license by the concerned authorities on complaint by the aggrieved farmers or public interest groups or upon suomotu monitoring, and surveillance by designated public authorities45(3) no trader, including a trader in any contract farming arrangement, shall purchase any commodity below the guaranteed remunerative minimum support price and any trader resorting to purchase below guranteed remunerative minimum support prices shall be liable for penalties mentioned in section 26 and his license or contract shall be cancelled by the state government's designated authority, upon due inquiry into any complaint by the aggrieved farmerscentral government to open procurement centres518 (1) the central government shall open adequate number of procurement centers for all commodities to ensure procurement, either directly, or through designated procurement agencies or through traders bodies, self-help groups of farmers producer organisations, in a localized manner, for various food schemes and for commodity corporations, at or above guaranteed remunerative minimum support prices;(2) the central government shall make adequate arrangements for effective procurement at least four weeks before the beginning of the harvest of the particular crop including storage facilities and transportation including weighing scales, gunny bags, testing and other required equipments etc for such procurement operations:10provided that instant, same-date payment shall be made directly to the farmer by theprocurement agency:provided further that sufficient publicity shall be given regarding the procurement centre operations within the jurisdiction of such a centre15timely and effective market intervention by state government19 the central government shall formulate an effective market intervention scheme for implementation by state governments within two days of fall in market prices, in all perishable and other notified commodities, including potatoes, onions, tomatoes, plantation commodities etc and shall provide sufficient financial outlays to ensure purchases at guaranteed remunerative minimum support prices and instant payments to the farmers2020 the central government shall take measures to prevent import of subsidizedagricultural commodities by enhancing import duties and other measures to ensure that the landing price of agricultural commodities from other countries is at least equal to guaranteed remunerative minimum support prices at any given point of timecentral government to regulate imports of agricultural commodities25other measures to prevent distress sales3021 the appropriate government shall implement effective schemes to prevent farmers from selling agricultural commodities to low cost due to financial compulsion, including massive increase in access to stortage facilities to enable all farmers to store their produce and sell at a time of remunerative prices, schemes like negotiable warehouse receipts which enable the farmers to access finance of at least seventy-five per cent of the value of the stored crop valued at guaranteed remunerative minimum support prices or market value whichever is higher and adequate storage facilities and agro-processing facilities for traders especially for perishable products to guard against withdrawal of buyers from the marketinvestments on farmer producer organisations22 the appropriate government shall create a fund to make investments in organizing farmers into farmers/workers' producing cooperatives, and other farmer producer organisations (fpos), with sufficient infrastructure and financial capital to run their market enterprises including processed, value-added produce, in a tax-free atmosphere:35provided that additional incentives shall be provided to women farmers' fposmeasures to reduce and regulate input costs23 the appropriate government shall take all measures to reduce the cost of production by reducing the input costs through subsidies on inputs, like seed, fertilizer, pesticide, electricity, diesel, farm equipment etc, and by promoting low-cost sustainable methods of agriculture40designating and notifying the responsible public authorities24 the appropriate government shall designate and notify specific public authoritiesat all levels, beginning from the block level, who shall be the persons responsible for implementation of grmsp including monitoring the prices paid by traders, taking punitive action against them for contravening clauses in the act, opening procurement centres on time, taking up market intervention on time, paying compensation in time etc45identification of real cultivators25 the state governments shall implement effective mechanism for identifying theactual cultivators including tenant farmers, sharecroppers, women farmers and adivasis, by registering and issuing them a means of identification, and ensuring that they get the benefit of guaranteed remunerative minimum support prices through procurement and market intervention and other mechanisms specified in this act chapter vi penalties and compensationpenalties26 whoever contravenes the provisions of section 17 shall be liable for punishmentas follows:5(a) for first offence, with imprisonment for a period of three months and with afine equal to twice the total deficit suffered by the farmer on account of the violation;(b) for second offence, with imprisonment for a period of six months and with afine equal to twice the total deficit suffered by the farmer on account of the violation;10(c) for third time offence, with imprisonment for a period of one year and with fineequal to three times the total deficit suffered by the farmer on account of the violation covered under section 17(3); (2) all such fine amounts shall be deposited with the fund specified in section 16entitlement of farmer to compensation1527 (1) any farmer who is not paid the guaranteed remunerative minimum supportprice for sale of agricultural commodities by a trader shall be entitled to a compensation from the fund, which shall at least be the difference between the grmsp and price obtained by the farmer;(2) any farmer who does not get instant direct payment that fuly covers the total valueof the commodity sold at grmsp to any buyer including government procurement agencies, shall be entitlted to a delay compensation at the rate of fifteen per cent per annum on the total payment due from the buyer, for every month of delay;2028 (1) the state governments shall set up a three member block grievance redressal committee under the adminstrative control of the state commission, to receive and resolve individual complaints from farmers under sub-section (1) and (2) above, in such manner as may be prescribed;25block level grievance redressal committee to resolve farmers complaints(2) the committee shall consist of a block level representative each from the agricultureand marketing departments, in addition to a farmers' representative(3) the committee shall follow a simple verification procedure, as may be prescribed: provided that the committee shall resolve each complaint within one month of receivingit;30(4) the committee shall issue orders for compensation to be paid by the statecommission from the state compensation fund held by it;penalty on public servant or authorities3529 the public servants and authorities as specified in section 24, found guilty by thestate commision for not discharging their duties viz, lack of effective monitoring, failure to promptly initiate action against traders purchasing below guaranteed remunerative minimum support prices, lack of effective market intervention and also failure to provide compensation, without reasonable cause of found to be willfully neglecting their duty, shall be liable for punishment with imprisonment for a period of six months and with fine equal to at least one month's salary, which shall be deducted from his salary chapter vii40 obligations on the central and state governments30 (1) the central government shall, after the appropriation made by parliament by law in this behalf provide the requisite funds for carrying at the purpose of this act:central government and state governments provide funds45provided that the adequacy and utilization of the financial outlays shall be reviewedby the central commission on an annual basis and the central commission may recommend lower or higher or similar outlays for the subsequent budget(2) the state governments shall provide adequate outlays, for the state commission to function effectively and also to meet the obligations of fixing the bonus over and above the notified guaranteed remunerative minimum support prices chapter viii miscellaneousoverriding effect of act31 the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force545 of 186032 every member of the central commission and the state commission and the otherofficers and staff appointed under sub-section (6) of section 8 and sub-section (5) of section13 shall be deemed to be public servants within the meaning of section 21 of the indian penal code, 1860members of the commission shall be public servants10power to remove difficulties33 (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 it to be necessary for the removal of the difficulty;(2) every order made under this section, as soon as may be after it as made, shall be laid before each house of parliamentpower to make rules1534 (1) the appropriate government shall, by notification in the official gazette, make rules for carrying out the purposes of this act20 (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 house 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 on annulment shall be without prejudice to the validity of anything previously done under that rule25(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 schedule1 methology: methodology adopted for cost estimation shall e cost-accounting based with opportunity costs fully included for various resources, capital items and services, in addition to interest on fixed capital etc2 cost components: the cost components will cover both in cash and kind costs, in addition to imputed value of some inputs, services and assets/resources, and all of them shall be included in the estimation of comprehensive cost of production a paid out costs(i) hired labour—human, animal, machinery; (ii) maintenance expenses on owned animals and machinery for the entire year and not limited to only their utilization time;(iii) actual expenses on material inputs such as seed (home grown and purchased), fertilizer, manure (owned and purchased), pesticides including insecticides and weedicides, irrigation;(iv) depreciation on implement and farm buildings (such as cattle sheds, pump sheds, machine sheds, storage sheds, tractor etc);(v) land revenue and other taxes; (vi) rent paid for leased-in land at actual rates; (vii) interest paid on credit borrowed; (viii) insurance premium paid; (ix) processing, transport and marketing costs (like cleaning, grading, drying, packaging, marketing, transportation, time spent for all these post-harvest activities, mandi taxes) etc(x) miscellaneous expenses b imputed costs(i) value of family labour—at currently prevalent skilled wage rates notified by the government for that area, or market wage rates for skilled workers, whichever is higher and with complete labour assessment for all days of family labour and not just data pertaining to chosen agricultural operations;(ii) rent of owned land at prevailing market value without any ceilings of fair rents applied as under any other legislation;(iii) interest on owned fixed capital at prevalent market value; (iv) interest on working capital, including the cost of borrowing (in terms of time and paperwork), at actuals including from non-institutional sources—such interest charges will be applied to the full life of crop season;(v) risk margin of 10% over cost of cultivation per hectare; (vi) managerial cost, at 10% of the cost of cultivation arrived at, by using all the above cost components, with the methodology specified in projected costs below c projected costsin the context of time lags between data collection and estimation of comprehensive cost of production for recommendations of grmsps for a given season, it is mandated that projected costs shall use a composite variable input index using rate of inflation of different inputs with the same being applied to fixed costs also in addition to applying it to the increase in the quantum of utilization of the input interest and depreciation on fixed capital shall be projected using the rate of inflation in construction material land rent shall be projected by raising it by index number (wpi) of agricultural commodities which is the main determinant of variation in land rentin the case of plantation crops, separate procedures to be drawn up to apportion initial costs over the plantation crop annual period, in addition to maintenance costs with built-inlosses3 yield data that is to be used for converting cost of cultivationto cost of production: this shall be based on a reconciliation between crop cutting experiments-based data from departments of agriculture/horticulture and what is collected from a sample set of farmers for cost estimations4 sample for data collection: two villages from each selected block are to be taken with number of operational holdings selected from 3 size classes of less than 1 hectares, 1-2 hectares and more than 2 hectares to be 3, 2 and 1 respectively (six sample units from each village) in each state, two strata to be used for drawing sample—one, for major crops and another for minor crops, to selected blocks or tehsils, with the same approach to be extended to selection of villages within selected block or tehsil a minimum sample size of at least 500 operational holdings is to be maintained state-wise every district shall have blocks/tehsils selected so that district-wise data analysis for cost of production is evolved sample shall be proportionate to irrigated and unirrigated area under the crop5 averaging of cost at the national level: the guiding principle for this shall be to strike a balance between efficiency consideration and maximum coverage of farmers bulkline cost comprising 75% of farmers [(50+100)/2] shall be used to arrive at comprehensive cost at the state level:(a)all the above shall be applicable to the state level cost estimations too averaging of cost at the state level shall be based on bulkline average from different agro-ecological regions within the state;(b)grmsp bonus shall be based on ensuring that at least 50% of the state level average comprehensive cost of production is covered, in addition to any other policy incentives that the state commission may provide statement of objects and reasons1 more than 55 per cent of india's population is principally dependent on agriculture of their livelihood, and the past two decads, since 1995, have recorded more than 300,000 farmers' suicides government of india's data shows 12,602 farmers killd themselves in 2015 along, mostly owing to economic distress indebtedness was responsible for 387 per cent of suicides, while crop failure or the inability to sell produce lead to another 195 per cent of suicides more than 43 per cent of farmers who killed themselves in 2015 had small holdings2 data reveals that very often, even the cost of production is not recovered by farmers in realized prices, whereas the farm family has living expenses being investments in farming at present, the commission on agricultural costs and prices, for determing the minimum support price (msp), considers (1) demand and supply; (2) cost of production; (3) price trends in the market, both domestic and international; (4) inter-crop price parity; (5) terms of trade between agriculture and non-agriculture; (6) likely implication of msp on consumers of that product using these various parameters, msp is often fixed even below the cost of production, ignoring the right to life and livelihood of the producer3 meanwhile, the food prices for consumers, especially those who are poor, have been secured at affordable rates through at least two legislation in the country—food security act 2013 and essential commodities act 1955 therefore, there is every reason for price determination of farmers to take the sole mandate of securing adequate net returns to a farmer, over and above the comprehensive cost of production, rather than considering other parameters4 in view of the above, to uphold the right to life and livelihood of farmers, which is their fundamental right, it is proposed to constitute national and state farmers agricultural costs and remunerative price guarantee commissions which shall be autonomous body corporates, which shall, once appointed, not be under the control of the central or state governments and their determination of the comprehensive cost of production of the agriculture produce plus at least 50 per cent profit margin as a guaranteed remunerative minimum support prices of each and every agricultural commodity shall be final5 to confer such a right to guaranteed remunerative minimum support prices for sale of all agricultural commodities of all farmers, it is found expedient to regulate the prices offered by traders, and to lay down rules for public authorities for accountable functioning6 for such a right to be actualized for all farmers central and state government are to be obligated to ensure purchase/procurement at or above grmsp7 further, input costs should be regulated, and overall cost of cultivation to be brought down by large scale establishment of sustainable agriculture8 the central government takes decisions related to export and import of agricultural commodities keeping in view various factors it is proposed that before taking such decisions, the government should consult the commission, and also take steps to ensure that the landing price of any imported commodity is not below the guaranteed remunerative minimum support prices fixed for that commodity within india at that point of time9 it is felt that the right to guaranteed remunerative minimum support prices which includes at least 50 per cent profit margin over the comprehensive cost of production will boost the morale of the farmer, who would be able to live comfortably, invest in her/his agricultural enterprise thereby potentially increasing productivity and production to ensure national food security and sovereignty, and would be albe to avoid falling into a debt traphence this bill financial memorandumsection 4 of the bill inter alia provides for instituting robust, accurate systems for cost estimations to be instituted for all agricultural commodities on a timely basissection 8 and 9 provides for constitution of the central farmers' agricultural costs and remunerative price guarantee commission and ensuing expendituresection 18 provides for opening adequate number of procurement centres for all commoditiessection 19 provides for formulation by central government timely and effective market intervention by state governmentssection 21 provides for taking up various measures such as setting up of storage facilities, agro-processing facilities etc to prevent distress salessection 22 provides for investing on farmer producer organisations and provide them with a tax-free atmospheresection 29 provides for adequate funds by the central government for carrying out the purposes of this actthe bill, if enacted, will involve expenditure from the consolidated fund of indiahowever, it is not possible at this stage as to the exact amount which is likely to be incurred towards recurring and non-recurring expenditure for the purpose memorandum regarding delegated legislationsection 33 of the bill emprowers 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 powers is of a normal character———— a billto confer right on all farmers to obtain guaranteed remunerative minimum support prices with minimum fifty per cent profit margin over comprehensive cost of production, upon sale of agricultural commodities and for matters connected therewith or incidental thereto————(shri kk ragesh, mp)mgipmrnd—911rs(s3)—23-07-2018 | Parliament_bills | 97f84e4b-0d7b-50f3-9df6-b8afdc174b43 |
~ i- - , bjll no 77o{'70 the agricultural produce cess (amendment) bill, 1970 ' a billrj ',( "r ', '~~ ~ further to amend the agricuttural produce cess act, 19-40 be it enacted by parliament in the twenty-first tear of the ,republic of india as follows: -' 1 this act may be called the agricultural produce cess (amendment) act, 1970 short title n of 1940 5 2 in section 2 of the agricultural produce cess act, 1940 (hereinafter amendment referred to as the principal act), for clause (a), the following clause shall oflectioo a· be substituted, namely:-520f1962 '(a) "col1ector" means a collector of customs as defined in clause (8) of section 2 of the customs act, 1962, and' ~t 3 in section, 5 o'f the principal act, for the words "the central board oflcdioll , of revenue", the words and figures "the central board of excise and customs constituted under the central boards of revenue act, 1963" shall be substituted 4 after section 5 of the principal act, the following sections shall be s inserted, namely:-inertion of new ilec:tlona sa and ,d certain proriaiolll of the cultoms acti96~ to apply "5a the provisions of the customs act, 1962, and the rules and 50l uf 1962 reaujations made thereunder, including those i'elating to refunds and exemptions from duty, ,~hall so far as may be, apply in relation to the levy add collection of customs duty on all a:-tic1es included in 10 the schedule as they apply in relation to the levy and collection of duty payable to the central (iovernment under that act 5b (1) whoever-penaltles (a) evades the payment of any customs duty under this act, or is (b) fails to furnish any information which it is his duty to furnish or furnishes information which is false in material particulars or which he does not ~lieve t,:), be true, or (c) obstructs the collector or any other officer in the performance of his duties under this act or any rules made thereunder, 20 e'i!'' shall be punishable with imprisonment for a term which may extend to six months, 'of with fine which may extend to two thousand rupees, or with both, (2) any court trying an offence under this act may direct that any article specified in the schedule in respect of which it is satisfied 2s that an offence punishable under this act has been committed shall be forfeited to the central government and may also direct that all packales, coverings or receptacles in which such article is contained and every vessel or other conveyance used in carrying such article shay be forfeited to the central government" 30 auwadment of section 7 5 in sub-section (1) of section 7 of the principal act, for the words ·'the representatives of the central legislature", the words "the members of parliament" shall be substituted i e in section 9 of the principal act, for sub-section (3), the following sub-section shall be substituted, namely: -3s (3) every rule made under this act shall be laid, as soon as me)' be after it is made, before each house of parliament while it is in session for a total perio'd 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 successive sessions aforesaid, 40 both h'o'uses agree in making any modification in the rule or both houlelagree that the rule should not be made, the rule shall thereaftet hiift,eift!et <>nly 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 t·o the validity of anything previ~ 45 ously done under that rule," 7 in the schedule to' the principal act, for item 21, the following item shall be substituted, namely:-amcnd r1 of the schedule "21 sheep's or lamb's wool and animal hair, whether or ·no~ ~coured or carded" statement of objects and reasonsthe agricultural produce cess act, 1940 provides ror imposition of cess at the rate of one-half of one per cent ad valorem on all articles included in the schedule to this act which are exported from india there is no specific provision in this act for the levy of penalty in cases where the expo'rters attempt to evade payment of the cess 2 in the recent past with a view to achieve simplification in the matter of collection of the cess, it has been decided that in cases where the cess payable is only up to rs 100 in each case the exporters may be permitted to affix customs revenue stamps equivalent to the cess payable on th~ ba&is of their self assessments of the value of the cargo the correctness of the stamps affixed will be verified with reference to the customs house record afterwards and short recovery, if any claimed 3 further, the agricultural produce cess is in the nature of a customs duty which is collected by the customs collectors these customs collectors have been exercising various powers vested in them under the customs act, 1962, in the collection of the cess also in order to discourage evasion of tax and misdeclaration of value o'f the cargo and short payment of cess, it is proposed that the provisions of the customs act, 1962 and the rules and regulations made thereunder should be applicable to the levy and collecti<:ms of the cess 4 opportunity has also been taken to carry out certain other amendments of clariftcatory or consequential nature '0 new delhi; the 27th july, 1970 fakhruddin ali ahmed presfdent's recommendation under article 117 of the constitution of india[copy of letter no 26 (6) 16b-budget, dated the 21st july 1970 from shri fakhruddin ali ahmed, minister of food and agri culture to the secretary, lok sabha] the president having been informed of the subject matter of the agricultural produce cess (amendment) bill, 1970 recommends the introduction and considl!ration of the bill in the lok sabha under article 117 (1) and 117 (3) of the constitution of india the ag, cultural produce cess act, 1940 provides for the levy and collection of cess in the nature of a duty of customs in respect of the articles included in the schedule to the act the collections including recoveries of penalties made through the existing revenue collection organisations are to be credited to the consoldated fund of india in the first instance thereafter, the entire net proceeds (gross collections less refunds) reduced by the cost of co'llection as determined by the government of india are paid to the lcar to meet the expenditure of the various activities undertaken by it 2 the net revenue from the proposed legislation, on the basis of the current trend, is est;mated to be of the order of rs 4,000 per year only and suitable budget provision exists for this purpose no non-recurring expenditure from the consolidated fund of india is involved (ft anticipated on account of the amendments proposed in the bill 3 incidentally, it may be pointed out that the proposed amendments are not altogether new in character recovery of the cess including recoveries of short payments and the refunds thereof are already being made by the various collectors of customs under the powers vested in them in pursuance of the provisions of the customs act, 1962 the present legislation only attempts to make the agricultural produce cess act, 1940 up-to-date and exhaustive so that possible legal complications which might arise in future are guarded against memorandum regarding delegated legislationsection 6 ($) of the agricultural produce cess act, 1940 empowers the central government to make rules regulating the expenditure of money out of the cesspaid to the council under the act further the central bo'ard of revenue (now the central board of excise and customs constituted under the central boards of revenue act, 1963) has been empowered under section 5 of the act to make rules, providing on such conditions as may be specified in the rules, regarding refund of, and exemption from, cess the matters in respect of which rules may be made relate to procedure and details therefore, the dele!g8tion of legislative power is of a normal character annexure extracts from the agricultural produce cess act, 1940 (27 of 1940) - - - definition 2 in this act, unless there is anything repugnant in the subject or context,-19 of 1934 (a) "collector" means a customs-collector as defined in clause (c) of section 3 of the sea customs act, 1878, or a collector of land customs as defined in clause (c) of section 2 of the land customs act, 1924, as the case may be, and - - - - 5 the central board of revenue may make rules providing, on su"h conditions as may be specified, in the rules, fo'r-refund of, and "emption romceu standin pinance committee (a) the refund of duty levied where articles are exported by land and subsequently imported into india, and (b) the export by land, without payment of the duty of articles, which are subsequently to be imported into india - - - - 7 (1) the' council shall constitute a standing f'nance committee, of which one member shall be· chosen from· omong the representatives of the central legislature on the governing body of the council, and one member shall be an officer appointed by the central government - - - - - power of central government to make rules 9 (1) - - - (3) all rules made under this act shall be laid before parliament as soon as may be after they are made the schedule- (see section 3) •- - 21 wool, raw a billlurther tel amend the agricu1tul'al projuce cess act, 19,0, ' (shri fakhruddin ali ahmed, minister of food and agriculture,) | Parliament_bills | a0198b48-fba5-5f72-af88-92951ca3e85a |
bill no xxvii of 2002 the population control bill, 2002 a billto provide for population control through compulsory sterilisation of certain persons and measures for promoting small family norm and for matters connected therewithbe it enacted by parliament in the fifty-third year of the republic of india as follows:—1 (1) this act may be called the population control act, 2002(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, appointdefinition2 in this act, unless the context otherwise requires,—(a) ''appropriate government'' means in the case of a state, the government of thatstate and in other cases, the central government10compulsory sterilisation in certain cases3 the appropriate government shall ensure that either of the spouse the husband orthe wife in the case of every married couple who have two or more living children, on the date of coming into force of this act, or whose second living child is born after the commencement of this act, shall be required to undergo compulsory sterilisation:(b) ''prescribed'' means prescribed by rules made under this15provided that the husband or wife, as the case may be, shall not be required toundergo sterilisation if he or she is above the age of fifty years4 subject to the provisions of this act, there shall be a gap of not less than five years between the birth of two childrenminimum gap between the birth of two childrenbenefits forvoluntary sterilisation55 if either of the spouse in the case of a married couple, who have only one child on the date of commencement of this act, voluntarily undergoes sterilisation, the appropriate government shall provide them with the following benefits, namely:—(i) supply of essential commodities such as wheat, milk, sugar and such othercommodities as may be prescribed at concessional rates;(ii) free education including higher education to the first child and to the second child, born within one year from the date of commencement of this act;10(iii) suitable employment to such child after he completes his education; and (iv) such other benefits as may be prescribed by the rules made under this act156 the appropriate government shall introduce a compulsory subject relating to population control in all educational institutions for all children who have attained the age of fifteen years, irrespective of class in which they are studying and the course they are pursuingintroduction of compulsory subject on population control in educational institution7 no marriage shall be solemnised between a male who is less than twenty-five years of age and a female who is less than twenty-two years of ageminimum marriagable of male and female8 (1) there shall be constituted a fund to be called the national population control fund by the central governmentconstitutional of national population control fund20(2) the central government and every state government shall contribute to the fund in such ratio as may be determine by the central governmentutilisation of national population control fund2530government employees to undertake to procreate more than one child35penalty409 the fund constituted under section 8 shall be utilised for the following purposes namely:—(i) giving of national population control award to that state or union territory which has recorded least population growth rate during the year; and(ii) giving of national population control certificate to a person or an organisation which in the opinion of the central government, has contributed in awakening the masses towards importance of population control and adoption of various methods for population control10 (1) any person who is serving in connection with the affairs of the union government or in any undertaking or organisation under the control of the union government and who has only one living child or who has not procreated any child or who is unmarried on the date of commencement of this act, shall give an undertaking that he shall not procreate more than one living child(2) any person violating the provisions of sub-section (1) shall be subject to such disciplinary action as may be determined by the central government11 any person violating the provisions of this act shall be punished with rigorous imprisonment for a term, which shall not be less than four years and with fine which shall be not less than five thousand rupees12 the provisions of this act shall have effect not withstanding anything contained to the contrary in any other law for the time being in forceoverriding effects of the act power to make rules13 the central government may by notification in the official gazette, make rules for carrying out the provisions of this act statement of objects and reasonsrapid increase in the population has given birth to many socio-economic problems like proverty, food, housing, employment and environmental pollution we are the second highest populous country after china china has controlled the rapid growth in its population our population has crossed the figure of one hundred crore if the present trend continues, it will not be possible to recover from socio-economic problems occuring due to increase in populationit is, therefore, imperative that certain effective steps be taken to check this menacesince our resources are limited despite the existence of various birth control measures and various family planning programmes to motivate the people to accept these birth control methods, the problem of population explosion still remainsthe bill, therefore, seeks to make sterilisation compulsory for all persons having two or more living children it also provides for certain measures like fixing the minimum age for marriage, minimum gap between the birth of two children, etc and for promoting small family norm in future generationhence this billt subbarami reddy financial memorandumclause 5 of the bill provides for certain benefits to be give to those who undergo sterilisation voluntaily clause 6 provides for introduction of compulsory subject relating to population control in all educational institutions (clause 8 provides for establishing national population control fund to which the central government shall also contribute) the central government shall have to incur some expenditure for implementing the provisions of this bill in respect of union territories the state governments will incur expenditure in respect of their state out of their respective consolidated funds the bill, therefore, will involve an annual recurring expenditure of about rupees ten crore out of the consolidated fund of indiano non-recurring expenditure is likely to be involved memorandum regarding delegated legislationclause 13 of the bill empowers the central government to make rules for carrying out the provisions of the bill as the rules to be made relate to matters of details only, the delegation of legislative power is of a normal character———— a billto provide for population control through compulsory sterilisation of certain persons and measures for promoting small family norm and for matters connected therewith————(dr t subbarami reddy, mp) | Parliament_bills | 73d012e5-2572-5bb8-bc67-3a2e7803ebb9 |
--------------------------------------------------------i 2 3 ! ~'-----------_--_-,1 ______ -5 i,do,oco n·, services and purposes sums not excecdina of ------1----vute ' voted by i charsed ~n total parliament the consohdated fund --1---- ---------------------, ----,-~--rs rs ri, other services of department or alriculture and 2 co-operation revenue 1,00,000 10 capital soo(i,ooo ~,oo:ooo 13,00,000 12,00,000 department of supply - revenue 7 telecommunication ser~ices capital 1,00000 10 revenue department of power i,oj,ooo i 18 revenue ministry of external affair 18,38,00,000 15 2) i revenu~ department of economic affairs 90),000 22 ! capital 121 s4,oo000 revenue currency 23' stamps coina,e and s,oo,(oo 1 i 20 1,00, coo i 100,000 i 1838,00,000 i i 9,00,000 i 121,5400000 i 5,00 coo ~ payidc to ,finan;hl, 24 ,·lthfttutio3l' capital ,) 53, t4,00,cco loo,68,oo,oco 153,1400,000 i i 100,68,(0 0001 216s6,oo,ooo 316s6:oo,«0 traofcrs to state 03vern-27 meats •• revenue i capital 25 400,00,000 40 cabinet - - revenue i 4,00,00,000 i 42 other ekpenditurc of the miniltry of home affai~ revenue 5,oooooco 5,00,00,000 i 44 department of education revenue teo,coo 1,00,000 - ~t')(),oo,ooo 5,oo,ooc()0 46 art and culture - revenue 49 department of compaay alfalrs , , rev!nue 1,19,oo,cco 52 ministry of information and broadcastina, " revenue 2,co,000 2co,oeo 5j broadculina services 78,00,000 78,00,000 3s i 55 law and justice revenue 2,50,00,000 :i,so,oo,oc;o 58 ministry of petroleum and natural oal, revenue 52,97,00,000 ,2,97 0001 capital j,]800,000 j 18,00000 64 department of bioicchnoiosy capital 40 2',00,00,000 2,00,00,000 - revenue 2,00,000 200000 66 , department of mines i 1 69 ! surface transport revenue 1,00,000 1,00,000 revenue 2,00,00,000 2,0000,000 sta~t of objects and reasonsthis bill is introduced in pursuance of article 114 (1) of the constit ution of india, read with article 11& 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, excluwrg railways, for the financial year 1987-8h b k gadhvi presidents recommendation under article 117 of tile constitution of india[col-'y of letter no f4(56j b(se)/87 dated 20 august, 1987 from shl'i b k gadhvi, minister of state for finance to the secretary-general, lok sabhal the president, having been informed of th~ subject matter of the proposed bm to authorise appropriation of certain further sums from and out of the consolidated fund of india for the services of the financial year ending on the 31st day of march, 1988, recommends the introduction of the appropriation (no4) bill, 1987 in lok sabha and also recommends to lok sabha the consideration of the bill under article 117(1) and (3) of the constitution read with article 115(2) thereof 2 the bill will be introduced in lok sabha after all the supplem@ntary demands fo:' grants for 1987-88 have been voted , j a billto author;se payment and appropriation of ce~in further sums from and out of the consolidated fund of india for the services of the ftnanc1al yen 198'1" (shri b k gadhvi minister of state in the ministry of finance) | Parliament_bills | 635685fe-2025-597d-9a32-11bba9c1609b |
bill no xlix of 2012 the constitution (amendment) bill, 2012 a bill further to amend the constitution of indiabe it enacted by parliament in the sixty-third year of the republic of india as follows:—1 (1) this act may be called the constitution (amendment) act, 2012short title and commencement5(2) it shall come into force on such date as the central government may, by notification in the official gazette, appointamendment of article 722 in article 72 of the constitution, after clause (3), the following clause shall be inserted, namely:—"(4) nothing in sub-clause (c) of clause (1) shall be applicable in all cases in which supreme court of india has held any accused guilty of waging war against india under sections 121, 121(a) and 122 of the indian penal code, 1860" statement of objects and reasonsarticle 72 of the constitution of india provides power to president of india to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute sentence in certain cases including those where the sentence is of death in certain cases including the attack on parliament house in 2001 and later attack on mumbai known as "26/11 attack" in 2008 have been adjudged as an act of waging war against india by the supreme court the accused in the case of parliament attack made a clemency petition to the president and the accused of mumbai attack had also done the same the acts of violence perpetuated by those accused, amount to waging war against india and therefore should not be considered with a normal parameter the feeling of a law-abiding citizen of india is such that the sentence to be executed immediately and accused should not be benefited of exceptional provision in the constitution of india therefore, the provision of president's discretion of pardoning or suspending the sentence pronounced by the supreme court of india should not be made available to the accused who have wagged war against india as mentioned under sections 121, 121(a) and 122 of the indian penal code this constitution amendment is, therefore, brought to prevent the accused from filing clemency petition to the president of indiahence this billdr bharatkumar raut annexure extracts from the constitution of india 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 rajya sabha———— a billfurther to amend the constitution of india————(dr bharatkumar raut, mp)gmgipmrnd—3951rs(s3)—07-12-2012 | Parliament_bills | c4ddd765-54a2-50c5-a960-821d60e302db |
bill no 139 of 2017 the forest (conservation) amendment bill, 2017 by shri sukhbir singh jaunapuria, mp a billfurther to amend the forest (conservation) act, 1980be it enacted by parliament in the sixty-eighth year of the republic of india as follows:—2 after section 3b of the forest (conservation) act, 1980, the following sections shall be inserted, namely:—69 of 1980insertion ofnew sections3c and 3d5protections of rights of inhabitants of hill areas over forests10"3c (1) nothing in this act or in any other law, for the time being in force, in any part or whole of the territory of india shall he deemed to prohibit the inhabitants of hill areas, living in the vicinity of reserved forests or protected forests or in the vicinity of any other forest land, by whatever name called, from felling, cutting, sawing off or removing trees including green trees or from taking timber and fodder or fetching water or using any other forest produce or from grazing rights or from stripping the bark or leaves from any tree or from quarrying of stones or from any other right or concession which they had been traditionally enjoying or which is recognised and settled as a right by the state government, in such forest or forest land for their own bonafide use for the purpose of collecting fuel or for agriculture or for other domestic and non-commercial purposes15(2) for the purposes of sub-section (1), the state government shall grant licenses to the bonafide users in such form and manner as it may, by notification in the official gazette, specify20(3) nothing in this section shall prohibit the state from imposing such conditions or making such regulations, including quantities of forest produce which the bonafide users may be entitled to, as are necessary, for conservation and development of forests for public good(4) the provisions of this section shall have effect notwithstanding any judgment or order or decree of any court or tribunal or any authority contrary to the provisions of this section253d (1) notwithstanding anything contained in sections 2 and 3, the approval of the central government shall not be required for deforestation in the following cases, namely:—(i) any work relating to building new houses for tribal and non-tribal families living in the vicinity of forest land;approval of central government not required for deforestation in certain cases(ii) construction of,—30(a) roads or helipads or ropeways to give connectivity to important places;(b) hospital and health centres; (c) anganwadis; and(d) water tanks;(iii) laying of,—35(a) pipelines for sewer/drinking water connections; and(b) telecommunication lines;(iv) erection of electric poles for transmission and distribution of electricity for exclusive benefits to tribal and non-tribal settlements in the vicinity of forests;(v) any work relating or ancillary to mining; and40(vi) any other development work to be carried out under any developmental scheme launched by the central government or state government, as the case may be(2) every state government shall forward a list of all cases of deforestation under sub-section (1) to the union ministry of environment, forest and climate change45(3) if the central government, on the basis of information received under subsection (2) or otherwise, is satisfied that due to development works specified in sub-section (1), the forest cover in a state has depleted more than ten per cent during any previous year and that the state government has not undertaken any effective steps to maintain the forest cover, it may, by notification, suspend the application of the provisions of this act, in relation to that state till such time as it may deem necessary" statement of objects and reasonsthe forest (conservation) act, 1980 was enacted with a view to check increasing deforestation and consequent degradation of environment the act made prior approval of the central government obligatory for de-reservation of reserved forests and also for use of forest land for non-forest purposes though no one disputes the purpose for which the act was enacted yet, it cannot be denied that the forests are inseparably linked with day to day life of the forest peoplefurther, developmental works like building new houses, roads, helipads, ropeways, hospital and health centres, water tanks, etc still require approval of the central government this results in avoidable delay in the delivery of services to the people living in these areas this act, therefore, does not adequately address the problems of the people living in the vicinity of forest lands and especially of hilly regions of rajasthan and other statespeople living in the vicinity of forest lands have not seen any developmental work in their area as the existing forest (conservation) act, 1980 provides for a cumbersome procedure to be followed for approval of any project for development of basic amenities in the area it is necessary to serve the interests of the tribals and other non-tribal people living in the vicinity of forest lands by amending the existing forest (conservation) act, 1980 with a view to facilitate carrying out of necessary construction and other development related works to meet the demands of their growing population for housing, hospital and health centres, etc in the vicinity of their existing settlementsthe proposed bill is, therefore, an attempt towards restoring such customary rights as are enjoyed by the people of hilly regions with forests, while, at the same time, allowing the state government to regulate such rights for the conservation of forests and also to enable them to implement the schemes aimed at the overall development of forest regionshence this bill, new delhi;sukhbir singh jaunapuriajune 30, 2017 lok sabha———— a billfurther to amend the forest (conservation) act, 1980————(shri sukhbir singh jaunapuria, mp)gmgipmrnd—984ls(s3)—21-07-2017 | Parliament_bills | 0d421154-1aaf-5339-80a1-bb5020627cdd |
bill no 346 of 2015 the appropriation (no 4) bill, 2015 a billto provide for the authorisation of appropriation of moneys out of the consolidated fundof india to meet the amounts spent on certain services during the financial year ended on the 31st day of march, 2013, in excess of the amounts granted for thoseservices and for that yearbe it enacted by parliament in the sixty-sixth year of the republic of india as follows:—short title1 this act may be called the appropriation (no 4) act, 20152 from and out of the consolidated fund of india, the sums specified in column 3 of the schedule, amounting in the aggregate to the sum of four thousand nine hundred twentyone crore, six lakh, twenty-seven thousand four hundred seventy-two rupees shall be deemed to have been authorised to be paid and applied to meet the amounts spent for defraying the charges in respect of the services specified in column 2 of the schedule during the financial year ended on the 31st day of march, 2013, in excess of the amounts granted for those services and for that yearissue of rs 4921,06,27,472 out of the consolidated fund of india to meet certain excess expenditure for the year ended on the 31st march, 2013appropriationon the 31st day of march, 2013the schedule(see sections 2 and 3)123excessservices and purposesvoted portioncharged portiontotal no of vote13department of posts………………………… revenue160,13,57,173 160,13,57,17321defence pensions…………………………… revenue3863,71,24,9443,99,60,4003867,70,85,34422defence services—army……………………… revenue 176,60,35,739176,60,35,73923defence services—navy……………………… revenue 9,56,80,2399,56,80,23924defence services—air force………………… revenue 9,36,28,9149,36,28,914charged—interest payments…………… revenue 695,24,86,901695,24,86,90140indian audit and accounts department…… revenue2,05,98,350 2,05,98,350101department of urban development………… revenue 37,54,81237,54,812 total:4025,90,80,467895,15,47,0054921,06,27,472| rs | rs | rs ||--------------------|---------------------|---------------| statement of objects and reasonsthis bill is introduced in pursuance of article 114 (1) of the constitution of india, read with article 115 thereof, to provide for the appropriation out of the consolidated fund of india of the moneys required to meet the expenditure incurred in excess of the grants made by the lok sabha for expenditure of the central government, excluding railways, for the financial year ended 31st day of march, 2013arun jaitley———— president's recommendation under article 117 of the constitution of india————[copy of letter no f-7(1)-b(sd)/2015 dated 10 december, 2015 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 to provide for authorisation of appropriation of moneys out of the consolidated fund of india to meet the amounts spent on certain services during the financial year ended on the 31st day of march, 2013, in excess of the amounts granted for the said services and for that year recommended under clauses (1) and (3) of article 117 of the constitution, read with clause (2) of article 115 thereof, the introduction of the appropriation (no 4) bill, 2015 in lok sabha and also recommends to lok sabha the consideration of the bill———————— a billto provide for the authorisation of appropriation of moneys out of the consolidated fund of india to meet the amounts spent on certain services during the financial year ended on the 31st day of march, 2013, in excess of the amounts granted for those services and for that year————(shri arun jaitley, minister of finance, corporate affairs and information & broadcasting)gmgipmrnd—3597ls(s3)—11122015 | Parliament_bills | b75b2c7b-73ea-50cf-92e9-64e22a48bc41 |
the appropriation (railways) no4 bill, 1961(to be introduced in loic saeha) the appropriation (railways) no4 bill, 1961 (to be introduced in lok sabha) a billto authotise payment and appropriation of certain further sums from and out of the consolidated fund of india for the service of the financial year 1961-62 fot the purposes of railways bic it enacted by parliament in the twelfth year of the republic of india as follows:-1 this act may be called the appropriation (railways) no4 short tide act, 1961 s 2 from and out of the consolidated fund of india there may be islue of ri paid and applied sums not exceeding those specified in column 3 of 830'~5~ the schedule amounting in the aggregate to the sum of eight crores, q,~~o~d:ted thirty lakhs and five thousand rupees towards defraying the = ii t:! several charges which will come in course of payment during the finnc~~l 10 financial year 1961-62, in respect of the services relating to railways jeiu' 1961-62e 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 j5 the said ~ear the schedule (see sections 2 and 3)j 2 i 3 --no service and purpoael sum not exceeding o(vote voted by parlia- charged on the total ment conloudated s fund ri ri ri i railway board 3t05,ooo 3,05000 10 2 mlac:elianeoul expendi-28610000 28,61000 tore 7 workins bapenlel-operation (fuel) '49132000 491,32000 9 working ~nlea-mii-302,25000 celjaneoul apenlel 82000 303°7000 is is construction of new 300000 300,000 unci 16 open line worka-addi-100000 100000 tiodl 20 total 82923,000 82;000 8,30,°5,000 ----- ---_ -- _ , ~------ statement of objects and reasonsthe bill is introduced in pursuance of article 114(1) of the constitution of india read with article 115 thereof, to provide for the appropriation out of the consolidated fund of india of the moneys required to meet the supplementary expenditure charged on the consolidated fund of india and the grants made by the lok sabha for expenditure of the central gov,ermrent on railways for the financial year 1961-62 jagjivan ram a bill to authorise payment and appropriation of certain further sums from and out of the consolidated fund of india for the service of the finaucial year 1961-62 for the purposes of railways the president has, in pursuance of clauses (i) and (3) of article 117 of the constitution of india, read with clause (2) of article lis thereof, recommended to lok sabha the introduction and consideration of the bill m n kaul, secretary (shrijogji'oan ram, minister of railways) | Parliament_bills | d1718068-9826-57a9-84fc-7df92e52a5ff |
the emergency risks (factories) insurance bill, 1962(as introduced in lok sabha on sm december, 1962) corrigenda to the emergency risks (factories) insurance bill, 1962 (to be/as introduced in lok sabha)1 page 3, in the marginal heading to clause 3,-for "insu- ance" read "insu-rance" -" 2 page 5, in the marginal heading to clause 5,-for "o'wne " read "owner" --3 page 9, line 10,-- !2! "scheme" read "scheme" 4 page 10, line 31,-for "dae" read "date" -5 page 11, line 8,-after "official gazette" insert " " , - new delhi dece~ber 4, ~~6~ agra ayana 1: ,~~4 (~aka) bill, 1962 (to be introduced in lok sabha) a billto make provisions for the insurance of certain property in india against damage by enemy action during the period of emerge1lcy be it enacted by parliament in the thirteenth year of the republic of india as follows:- chapter i preliminary, 1 (1) this act may be called the emergency risks insurance act, 1962 (factories) short title, extent and 4lu11tion (z) it extends to the whole of india (3) it shall remain in force during the period of nperation of the proclamation of emergency issued on the 26th october, 1962, and 10 for such further period as the central government may, by notification in the oftlcial gazette, declare to be the period of emergency for the purposes of this act, but its expiry shall not affect anything done or omitted to be done before such expiry and section 6 of the 10 of 1897 general clauses act, 1897, shall apply upon the ej\-piry of thia act i, as if it had been repealed by a central act 2 in this act, unless the context otherwise requires,-oesniljon, (a) "buildings" includes foundations, plinths, floors, staircases, tanks, engine and boiler beds, chimneys flues atld boundary walls; 22m (b) ls-l (b) "enemy" means-(i) any person or country committing external aggreslion against india; (ii) any person belonging to a country committing such aggression; s (iii) such other country as may be declared by the central government to be assisting the country committing such aggression: (iv) any person belonging to such other country: (c) "factory" means a factory as defined in clause (m) of 10 section 2 of the factories act, 1948; 630fi948 (d) "factory buildings" includes all -buildings comprised in the factory, and such other buildings (including residential - buildings for staff and workmen, hospitals and welfare centres) within a radius of two mi1esfrom the main factory building as is are in the same ownership 'or occupation as the factory and are used for the purposes of the factory: (e) "the fund" means the emergency risks (factories) insurance fund constituted under section 7; (f) "insurable value" of property means the value of the 20 property as ascel'tained for the purposes of insurance under this act; (g) "occupier" of a factory has the meaning assigned to it in clause (11) of section 2 of the factories act, 1948; 6j of t94p (h) "owner" of a factory includes, v1len parts of the pro a$ perty insurable under this act in relation to the factory are owned by different persons, each such person in respect of the part owned by him; (i) "property insurable under this act" means, in relation to any factory, the factory buildings and, except where they sore 30 for the time beinjit ~oods insurable under the emersrencv risks (goods) insurance act, 1962, all plant and machinery' in the factory, all materials in the factory for use in the production or transmission of motive power, or in the maintenance of plant and machinery or in the construction or reconstructioh or maln- 3s tenance of factory buildings, and l1,1ch other plant, machinery or materials as may be specified in the scheme; < (j) "quarter" means a period of three months commendng on the first day of january, april, july or october; (k) "the scheme" means the emelienc:y 1usks (factoriel) lnaurance scbeme made under this act; (l) "emergency risks" means such risks arising from-(i) action taken by an enemy or action taken in combating an enemy or in repelling an imagined attack by an enemy; (ii) any explosion or fire which involves any explollvea or munitions or other dangerous things required for the purposes of defence against any action of an enemy and whicb 10 bappens or ia eaused by, through, or in connection with the manufacture, storage or transportation of any such explosives, munitions or other dangerous things; (iii) measures taken under proper authority to avoid the spreading of, or otherwise to mitigate, the consequences z, of damage occumng (whether accidentally or not) as- the direct result of any such action as is described in sub-clause (i) or of any such explosion or fire as is described in subclause (ii); (iv) precautionary or preparatory measures taken 20 under proper authority with a view to preventing or hindering the carrying out of any attack by an enemy, being measures involving risk to property; (v) precautionary or preparatory measures involving the doing of work on land and taken under proper authority 25 in any way in anticipation of enemy action, being measures involving risk to property; (vi) precautionary or preparatory measures taken under proper authority with a view to denying facilities to an enemy, being measures involving damage to or dimlnu-30 tion of the value of property chapter ii emergency risks (factories) insurance scheme3 (1) the central government may, by notification in the bmcr,cdcj oftlcial gazette, put into operation a scheme to be called the emer- ~~)(f:~-35 gency risks (factories) insurance scheme, whereby the central ranee government undertakes in relation to factories the liability· of scheme insuring property insurable under this act against emergency risks, to the extent provided by or under this act (2) the scheme may extend to the undertaking by the central government in relation to any pel:son ln india of the liability of insuring such person against emergency risks in respect of any property insurable under this act which is not owned by him but in which he has an interest, up to the extent of such interest s (3) the scheme shall be such as to secure-(a) that the liability of the central government as insurer shall not extend to more than eighty per cent of the insurable value of the property insurable; (b) that any 'liability of the central government as insurer 10 under the scheme is determined by a policy of insurance issued, in the form and in respect of a period not exceeding the period specified in the scheme, by a person acting on behalf of the central government: provided that the form of policy may be such as to limit the is extent and nature of the indemnity provided by the central government and to impose conditions subject to which the indemnity is provided; , (c) that any premium under a policy so issued is payable at such rate as may, for the time being, be specified in the scheme; 20 (d) thet the amount of anyone premium payable under a policy so issued is not less than such sum as may be specified in the scheme (4) the scheme may provide-(a) for undertaking in relation to works in course of cons- 25 truction which, when completed, will become factories, and such plant and machinery appertaining to such works as may be specified in the scheme, the same liabilities as are undertaken by the scheme in relation to factories; (b) that the payments due under a policy of insurance 30 issued under the scheme, may at the option of the central government, take either of the following forms, namely:-(i) payment, within the limits of the liability assumed by the central government and in such manner and by such instalments as the central government may think fit, of the 35 cost necessary to restore the property as far as practicable - to the condition in which it existed before the occurrence of the damage, or ( (ii) compensation, within the aforesaid limits, for the loss in value, ascertained on the basis of values and prices ruling at the time at which the policy of insurance was taken out, or at which the loss occurred, whichever is less, suffered 5 by the property as a result of the damage, after due allowance has been made for depreciation during the period of insurance cover; (e) that payments due under a policy of insurance under the scheme may be postponed to any time before the expiry of one 10 year from the date on which this act ceases to be in force, or, subject to payment of interest at the rate of two per cent per annum from the expiry of the said year, to any later date; (d) for making it an express or implied condition of any policy of insurance issued under the scheme-is (i) that the owner or occupier of a factory shall comply with all regulations or instructions made or issued under the authority of government for safeguarding the property against damage from emergency risks, or (ii) that, where the central government exercises its 20 option to pay the cost necessary to restore the property to its original condition the owner of the factory shall, if so required by the central government, reconstruct the factory or remove the factory to and reconstruct it in another fucality 25 (5) different forms of policies may be specified in the scheme under sub-section (3) in relation to different classes of factories (6) the central government may, by notification in the official gazette, add to, amend or vary any scheme made under this act 4 the central government may, by notification in the official employment 30 gazette, employ or authorise the employment of any person to act of ~nt by as its agent for any of the purposes of this act, and may pay to the ~~vem!e~t person so employed such remuneration as it may think fit - 5 (1) while the scheme is in operation, ev,ery owner of a factory, duty of except a factory belonging to government or a factory exempted t:~;; ot, 35 under section 15 from the provisions of this act, shall, by such date murl as may be specified in this behalf by the central government by pint 1::r -notification in the official gazette, or, in respect of premises becom- geney r ing a factory or property becoming property insurable under this act after that date or in a case to which sub-section (2) refers, be~ 40 fore the commencement of the quarter next following that in which the premises become a factory or the property becomes insurable under this act, or as the case may be, in which the reconstruction of the factory is completed take out a policy of insurance against emergency risks issued in accordance with the scheme, whereby he is insured in respect of all property insurable under this act, which s appertains to the factory for a sum not less than the insurable value of such property: provided that where the owner of the factory is not himself the occupier of the factory, the occupier of the factory shall, unless the owner has already taken out" a policy of insurance as required by this 10 sub-section, himself take out the policy, and in such a' case the occupier shall be deemed to aetas the agent of the owner and shall be entitled to receive from the owner all sums paid as premiums on the policy (2) the obligation imposed by sub-section (1) includes, when is the owner of the factory is required by the central government to reconstruct a factory which has suffered damage, an obligation to take out an additional policy of insurance as required by the subsection in respect of the reconstructed factory (3) when a factory in respect of which a policy of insurance 20 against emergency risks has been 'taken out as required by this section is transferred from one owner to another or there is a change of occupier of the factory, the policy may be transferred to the new owner or occupier and such new owner or occupier shall succeed to all rights and liabilities under and in relation to the policy as if the 25 policy had been in the first instance taken out by him (4) whoever contravenes the provisions of sub-section (1) or the proviso thereto, or, having taken out a policy of insurance as required by that sub-section, fails to pay any instalment of premium thereon which is subsequently due, shall be punishable with fine which may 30 extend to two thousand rupees and with a further fine which may extend to one thousand rupees for every day after the first on which the contravention or failure continues, and such punishment shall be without prejudice to any other penalty or liability incurred in consequence of such contravention or failure 35 (5) where any offence under sub-section (4) is tried by a presidency magistrate or a magistrate of the ftrst class, then, - notwithstanding anything contained in the code of criminal proce<iure, 1898 the magistrate trying the offence mav pass any f 50 1st sentence authorised by that sub-section 40 (1) after the date on which the scheme is put into operation, ratrictl008 no person shall, except as a person authorised by the central gov- :: =:a ernment as its agent to issue policies in pursuance of the scheme, 'dlu1'ldcc carry on the business of insuring factories in india against bulln s emergen~ risks in respect of property insurable under this act (2) whoever cont~avenes the provisions of sub-section (1) shall be punishable with fine which may extend to five thousand ru~b and with a further fine which may extend to one thousand rupees for every day after the first on which the contravention continues 10 7 (1) the central government may, ·after due appropriation emer,ency made by parliament by law in this behalf, transfer in each financial ~~ i<::!oyear, to a fund to be called the emergency risks (factories) in- rance puud surance fund (hereinafter referred to as the "fund") such sums, as may be considered necessary, not exceeding the sums received by i s the central government by way of insurance premiums under the scheme, or by way of payments made on composition of olences under section 13 by way of expenses or compensation awarded by a ,of 1898 court, under section 545 of the code of criminal procedure, 1898, out of any flne imposed in any prosecution under this act 20 (2) there shall be paid from out of the fund all sums required for the discharge by the central government of any of its liabilities under the scheme, or for payments by the central government under iection 10, or for the payment by the central government of the remuneration and expenses of agents employed for the purposes of the 25 scheme (3) u at any time when a payment is to be made out of the fudd the sum standiii&' to the credit of the fund is less than the sum required for the making of that payment, an amount equal to the deftciency ihall, after due appropriation made by parliament by law, be 30 paid into the fund as an advance out of the consolidated fund of india (4) u at any time the amount standing to the credit of the fund exceeds the !tum which, in the opinion of the central government, is likely to be required for the making of payments out of the fund, 3' the excess shall be disposed of in such madder as the ceatral government may think flt (5) the central government shall prepare in such form and manner as may be specified in the scheme and shall publish eit';)er annually or at such shorter intervals as may be specified therein, "old account of all sums received into and paid out of thefund chapter iii miscellaneouspower oj 8 (1) any person authorised in this behalf by the central gov-central got f h ft' h th ·t 1 "ernmcnt to ernmen may, or t e purpose 0 ascer alnmg weer or no -ue r:tain inowner or occupier of ~y property required to be insured under this s rmauon act has taken out a policy of insurance as required by this act in respect of such property, or for the purpose of investigating the insurable value of any property insured, or required to be, insured, or ilroposed for insurance under this act, or for the purpose of i!stimating the damage suffered by any property insured under this act,- 10 (a, require the owner or occupier of the property, or any person carrying on in india the business of fire insurance in respect of the property, to submit to him such accounts, books or other documents or to furnish to him such information as he may reasonably think necessary, or i; (b) at any reasonable time, enter any premises comprising or containing the property, inspect such premises or property, and require any person found on such premises who is for the time being in charge thereof, or in control thereof, or whom he believes to be in possession of information relevant to his in- 20 vestigation, to produce to him and allow him to examine such accounts, books or other documents as he may think necessary, or to furnish to him such other information as he may reasonably think necessary (2) ~oever wilfully obstructs any person in the exercise of his zs powers under this section or fails without reasonable excuse to comply with any demand made thereunder shall, in respect of each occasion on which any such obstruction or failure takes place, be punishable with fine which may extend to one thousand rupees (3) whoever, in i>urporting to comply with his obligations under 30 this section, knowingly or recklessly makes a statement false in a material particular shall be punishable with fine which may extend to one thousand rupees (4) where in any proceedings in respect of a contravention of section 5 in relation to any factory, it is proved, in relation to that 35 factory-- (a) that a demand for the production of a policy of insurance issued in accordance with the scheme insuring the owner or occupier of the factory was duly made under this mc~ ip14 wu not ecxnpued with, and 40 (b) that the person making the demand was not satisfied that there was such a policy in existence, it shall be pres,umed, except in so far as the contrary is proved, that the said section 5 was being contravened in relation to that factory 5 at the time when the demand was made and continued to be contravened in relation to that factory at all times thereafter 9 if any person, for th~ purpose of obtaining for himself or any punihment other person any payment in respect of any damage due to the tse~:~action of the enemy or under a policy issued in pursuance of the matlon 10 scheme-: 1 (a) furnishes any information which he knows to be false in a material particular, or recklessly furnishes any information which is false in a material particular, or (b) with intent to deceive, produces, furnishes, sends or is otherwise makes use of any book, account or other document which is false in a material particular, or-(c) with intent to deceive, withholds any material information, , he shall be punishable with fine which may extend to five thousand 20 rupees or with imprisonment for a term not exceeding three months or with both j 100 where the central government require~ the owner of a fac- payment totory to remove the factory and to reconstruct it in another locality, ward~f't °df rctnoy an the centntl government shall make to such owner out of the fund reconstrrc-2s sllch payments, in addition to any sum payable under the policy ~~~~ of insurance, as it considers sufficient to defray the cost of the removal and, if necessary, the replacement of any part of the property in respect of which no compensation is payable 11 (1) without prejudice to the provis,ions of sub-section (4) rec:ovefj of 30:- of section 5, where any person has failed to insure as, or to the full =:d~ amount, required by this act, and has thereby evaded the payment by way of premium of any money which he would have had to pay but for such failure, an officer authorised in this behalf by the central government may determine the amount payment of which 3s has been so evaded and the amount so determined shall be payable by such person and shall be recoverable from him as provided in sub-section (2) - (2) any instalment of premium due on a policy of insurance issued under the scheme, and any amount deotermined as payable 2278 (b) ls-2 ' i ·under bub-section (1), shall be recoverable as an arrear of land r venue and shall be a first charge on the property in respect of which the default was made (3) a person against whom a determiillfltion is made under sub--section (1) may, within the period specified in the scheme, appeal s against such determination to the central government whose decision thereon shall be final limitation on prosecutions 12 no prosecution for any offence punishable under this act shall be instituted against any person except by, or with the consent of, the central government or an authority authorised in this be- 10 half by the central government composition 13 any offence punishable under sub-section (4) of section 5 of oft'cnc::es may, either before or after the institution of the prosecution, be compounded by the central government, or by any authority authorised in this behalf by the central government on payment is for credit to the fund of such sum as the central government or such authority, as the case may be, thinks fit bar~flclal 14 (1) no suit, prosecution or other legel proceedings shall lie proc:ccdins against any person for anything which is in good faith done or intended to be done under this act 20 (2) no suit !thall be maintainable in any civil court against the central government, or a person acting as its agent under section 4, for the refund of any money paid or purporting to have been paid as premium on a policy of insurance taken out or purporting to have been taken out under this act 25 power to czempt tac:-toria 15 (1) the central government may, by notification in the oftlcial gazette, exempt any class or description of factories from the provisions of this act requiring such factories to be insur-i ed or to continue to be insured under this act; but such exemption shall not prejudice the infliction of any penalty or the accrual of 30 any liability incurred before the dae on which the exemption takes effect i: ' - (2) ii:' granting any exemption under this section the central government may direct that the exemption shall take effect or be deemed to have taken effect on a specified date after or before the 35 date of the notification 16 where any factory has been insured by any owner or occupier refund of thereof for any period, and before that period has elapsed the prem!ums in factory or the factory of that description has ceased, by virtue of certam cales a notification under sub-section (1) of section 15 to be insurable s· under this act, the person who has insured the factory shall be entitled to a proportionate refund of the premium 17 (1) the central government may, by notification in the pee ower of om i g d i h h " ntta! gocia azette ec are t at t e provisions of this act and of the vernment to scheme made thereunder shall apply to the insuring against emer- cxa tend dthc - ct~ 10 gency nsks of-scheme to - (a) the plant and machinery, whether above or below ground, undertatmp 35 of 19,3 appertaining to mines as defined in the mines act, 1952, buildings appertaining to mines and within a radius of two miles from the mine excavation and in relation to such plant, rnachi-15 nery and buildings, such mgterials above ground as would, if the mine were a factory, be included in the term "property insurable under this act"; (b) derricks, drills and rigs and group gathering stations and storage tank of an oil mine, plant and machinery required 20 for pumping, refining or processing any mineral oil, and pipe lines; (c) the whole or a specified part of the distribution systems of gas supply undertakings generally, or of specified gas supply undertakings; 25 (d) the whole or a specified part of the distribution and transmission systems, sub-stations, switch houses and transformer houses of electric supply undertakings generally, or of specified electric supply undertakings; (e) the whole or a specified part of the sluice houses, valve 30 houses, water-pipe lines, penstocks and any other plant and machinery pertaining to the intake of hydraulic power of hydroelectric supply undertakings generally, or of specified hydroelectric supply undertakings; (f) standing tea crops in any garden belonging to the owner 35 of any factory; as they apply to property insurable under this act which appertains to a factory (2) in interpreting this act as applied by notification under clause (a) of sub-section (1) to mines, references to the owner of a 40 factory shall be read as references to the owner or agent of a mine 35 of 19s2 as defined in the mines act, 1952, and references to the occupier of a factory shall be read as references to the agent of a mine as defined in that act; a~~ in interpreting this act as applied by notj-~r!"""', fication under any of the clauses of sub-section (1), "property insurable under this act" shall be interpreted as meaning all property to which the scheme is by the said notification declared to apply power of 18 (1) the central government may, by notification in the central go- official gazette, direct that the pr::>visions of this act and of the 5 :=~~e to scheme made thereunder shall extend and shall so far as they are ap kt to inland plicable, apply in the same manner as they apply to the insurance of yellel property insurable under this act in relation to a factory, to the in~uranee against emergency risks of inland vessels (including the hull, machinery and fittings thereof, fuel carried therein, and stores 10 carried therein fql' the use of the crew), being the property of any trading corporation or of any body of port trustees or commissioners or of any other person specified in this behalf by the central government, where such vessels, fuel and stores are not for the time being plant or materials insurable in relation to a factory under this 15 act and the scheme thereunder, or goods insurable under the emergency risks (goods) insurance scheme made under the emergency risks (goods) insurance act, 1962 (2) in this section, unless the context otherwise requires,-(a) "inland vessel" means a vessel not ordinarily plying out- ao side the limits of the territorial waters surrounding india; (b) "vessel" means a vessel the value of which including the hull, machinery and fittings but excluding cargo, fuel and stores carried for the use of the crew, as ascertained for the purpose of insurance under the scheme, exceeds two thousand and five 25 hundred rupees, propelled wholly or in part by steam, electrical or mechanical power, or adapted for towing by a vessel so propelled, and includes any such vessel while used as a place of habitation or for storage of goods but does not include a vessel of the type commonly called country craft 30 (3) in the application of this act and of the scheme m,ade thereunder to the insurance of inland vessels---(a) the obligation imposed by sub-section (1) of section 5 on the owner of a factory shall, iii the case of a trading corporation or body of port trustees or commissioners or any other person 35 whose inland vessels become insurable under this act and the scheme thereunder, be an obli~ation imposed on the trading corporation, body of port trustees or commissioners or such other person to take out by such date as may be specified in this behalf by the central government by a notification in the 40 official gazette, a policy of insurance against emergency risks issued in accordance with the scheme whereby it is insured in rfspect of all inland vessels (including fuel carried by them and mores carried by them for the use of the cre'w) owned by it or him, as the case may be, for a sum not less than the insurabl~ 45 va1ue of such vessels, fuel and $tqr~s; and ~his obli~ation sl}tu to the case of a trading corparation incorporated outside india rest upon the manager of the principal place of business in india of the corporation; (b) the prohibition contained in sub-section (1) of section 5 6 of this act shall be deemed to include a prohibition of carrying on business of insuring inland vessels in india against emergency risks for insurance against which provision is made under the scheme; 10 (c) nothing in this act shall prevent the fixing of a rate of premium under or the prescription foc the time being of any period or periods for policies issued in connection with the insurance of inland vessels different from any rate fixed under or power 10 any periods prescribed for policies issued in connection with the rccldolti yo 41-- u ea insurance of property appertaining to a factory 15 19 if any difficulty arises in giving effect to the provisions of thil act, and in particular, if any doubt arises as to whether a person is insurable in respect of any property insurable under this act, the central government may, by order, make such directions, not inconsistent with the provisions of this act, as appear to it to ·be necessary 20 or expedient for the removal of the doubt or difficulty; and the decision of the central government, in such cases, shall be final statement of objects and reasonsin view of the present emergency, it is considered desirable tliat provision should be made for the insurance of factories and inland vessels against the risk of loss or damage as a result of enemy action as the degree of risk which may be involved is necessarily uncertain, it will not be possible for the established insurers to cover it in the normal course, and the· scheme will have to be formulated, brought into force, and operated on behalf of the central government 2 the bill seeks to provide for a scheme of insurance based on premium rates which can be varied within certain limits with reference to the actual natupe or extent of the risk as it may exist from time to time the various provisions are explained in detail in the notes on clauses which are attached to the bill new delhi; morarji desai the 29th november, 1962 - czauae 1 in effect provides that the bill, when it is passed into law, shall come into force immediately in all the states and territories of india including jllmmu and kashmir the provisions of the act will continue to be in force throughout the period of the present emergency and for a reasonable period thereafter clause 2 defines the words and expressions used in the bill the definition of "enemy" is bas~d on the corresponding definition in the defence of india bill, 1962 the definition of "emergency risks" is based on the provisions of the previous law as it was in force during the second world war; it is comprehensive, and includes any risk of loss or damage through explosions or through the adoption of 'scorched earth' or 'denial' measures property insurable under the act will include factory buildings, plant and machinery, and materials used in or by the factory, but will exclude any goods which are insurable under the emergency risks (goods) insurance scheme clause 3 provides for a scheme of insurance of factories within the scope of the provisions of the bill to be prepared and brought into force by notification at an appropriate stage by the central government it is clarified for the avoidance of any doubt that persons interested in any property insurable under the act may insure that property on their initiative, in lieu of the persons who as the owners for the purposes of the scheme may be bound or compelled to insure the property in the normal course the central government's liability as the insurer will be limited in each case to eighty per cent of the insurable value of the property and may be discharged either by payment in cash or by reimbursement of the cost of restoring the factory or other insured property to the condition in which it was before the damage in the event of a factory being reconstructed, the central government may provide, as a condition of such restriction, that the factory shall be removed to some other locality 'i'he policies of insurance will be issued for periods, the duration of which will be determined by the central government, but the periods of validity of the policies may be extended from tlme to time the premiums will be charged at a variable rate which will be determined from time to time by the central government, after taking into account the actual degree of risk which may be involved factories in the course of construction will be eiigible for pr()o teetion under the scheme, in the same manner and to the same extent, as completed factories which are working normally clause , provides for the appointment of an agent to administer the scheme on behalf of the central government clause 5 provides that when a scheme of insurance is notified and brought into force, the owner of a factory, of where the owner is not himself the occupier, the occ1lpier acting on his behalf, will be compelled to insure the factory and other properties to the extent that they are insurable under the scheme in the event of a change in the ownership of a factory during the currency of a policy of insurance issued in relation to it, the polky along with the rights and liabilities there under, will be transferred to the new owner clause 6 prohibits private insurers from competing with the central government in regard to the coverage of the abnormal emergency risks for which provision is made in the bill clause 7 provides for the establishment of an emergency risks (factories) insurance fund the fund is intended to be selfsufficient, but provision is being made for the central government to advance to the fund, if it is temporarily in deficit, any amount which may be needed for meeting the expenditure which may be chargeable to the fund, if there is ultimately a surplus in the fund after providing for all the obligations to the policy-holders, appropriate provision in regard to the utilisation of the surplus will be made by the central government clause, 8 and 9-clause 8 provides for the grant of power to the central government to obtain information or to carry out such inspections as may be necessary and clause 9 provides for penalties for furnishing any false information clause 10 provides that if the central government requires any factory to be removed to any other locality, the cost of such removal will also be paid out of the emergency risks (factories) insurance fund clause 11 provides for the recovery of any amount due to the central government which may remain outstanding, either because the ,ayment has been evaded or because it has been in arrears clause, 12 to 14 contain the usual provisions in regard to the limitation of prosecutions, the composition of offences and bar of legal proceedings in respect of action taken in good faith under the relevant provisions of the bid clauses 15 and 16~lause 15 provides for the grant of power to the central government to exempt factories belonging to any particular class, if it is considered necessary or expedient to do so, while clause 16 provides for a proportionate refund of the premiums in such cases clauses 17 and 18 provide for the extension of the scheme of insurance so as to cover the plant and machinery and other similar equipment of mines, including oil mines, and the properties of gas and electricity supply undertakings, and inland vessels clause 19 provides for· the grant of power to the central government to remove cwrculties, if any clause 7 of the bill provides that an emergency risks (factories) insurance fund will be established and that an amount not exceeding the amount of the premiums collected under the scheme of insurance will be paid into that fund after due appropriation by law the degree of risk as a result of enemy action is necessarily uncertain and a reasonably accurate estimate of the value of the property insurable in accordance with the provisions of the bill is not also available it is not possible, therefore, to anticipate exactly at this stage the rate at which premiums may have to be fixed or the amounts receivable on account of the emergency risks (factories) insurance fund it is envisaged, however, that the rate of premium may not exceed four per cent in two years or two per cent per annum payable in suitable quarterly imtalments it is also expected that the scheme may not involve any net burden on the consolidated fund of india, over and above the obligation to transfer to the emergency risks (factories) insurance fund from out of the consolidated fund the premiums received under the scheme the cost of administering the scheme is expected to amount to about rs l' 5 lakhs on account of the special ofbcer's arganisation sub-clause (3) of clause (1) provides that the central government may by notification in the official gazette declare that the period of the emergency for the purposes of the emergency risks (factories) insurance scheme will be extended until some suitable date after the expiry of the emergency which has been proclaimed by the president under article 352 of the constitution the delegation of power to the central government for this purpose is unavoidable 2 there is no other provision in the bill which involves any delegation of powers which is not of a routine or normal character a bill to make provisions for the insurance of certain property in india against damage by enemy action during the period of emergency 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, (shrt morarji desai, minister of finance) | Parliament_bills | 73dac8d2-9df7-581f-879d-7d55951c000d |
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